[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Pages 44057-44059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17116]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-348, 50-364; and 50-424, 50-425; NRC-2021-0139]


Southern Nuclear Operating Company; Joseph M. Farley Nuclear 
Plant, Units 1 and 2; Vogtle Electric Generating Plant, Units 1 and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U. S. Nuclear Regulatory Commission (NRC) is granting 
exemptions in response to a request dated June 9, 2021, from Southern 
Nuclear Operating Company, Inc., seeking exemptions from specific 
regulations that require periodic updates of the Farley Nuclear Plant, 
Units 1 and 2, and Vogtle Electric Generating Plant, Units 1 and 2, 
Updated Final Safety Reports (UFSARs).

DATES: The exemption was issued on August 4, 2021.

ADDRESSES: Please refer to Docket ID NRC-2021-0139 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0139. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#efbc9b8e8c96c1bc8c879a828e8181af819d8cc1888099"><span class="__cf_email__" data-cfemail="cd9eb9acaeb4e39eaea5b8a0aca3a38da3bfaee3aaa2bb">[email protected]</span></a>. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to <a href="/cdn-cgi/l/email-protection#1d6d796f336f786e72686f7e785d736f7e337a726b"><span class="__cf_email__" data-cfemail="68180c1a461a0d1b071d1a0b0d28061a0b460f071e">[email protected]</span></a>. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document.
    <bullet> Attention: The PDR, where you may examine and order copies 
of public documents, is currently closed. You may submit your request 
to the PDR via email at <a href="/cdn-cgi/l/email-protection#0f7f6b7d217d6a7c607a7d6c6a4f617d6c21686079"><span class="__cf_email__" data-cfemail="5c2c382e722e392f33292e3f391c322e3f723b332a">[email protected]</span></a> or call 1-800-397-4209 or 
301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: John G. Lamb, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-3100, email: <a href="/cdn-cgi/l/email-protection#3c7653545212705d515e7c524e5f125b534a"><span class="__cf_email__" data-cfemail="0b4164636525476a66694b657968256c647d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The text of the exemptions is attached.

    Dated: August 6, 2021.

    For the Nuclear Regulatory Commission.
John G. Lamb,
Senior Project Manager, Plant Licensing Branch 2-1, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.

Attachment--Exemption

NUCLEAR REGULATORY COMMISSION

Docket Nos. 50-348, 50-364; and 50-424, 50-425

Southern Nuclear Operating Company

Joseph M. Farley Nuclear Plant, Units 1 and 2

Vogtle Electric Generating Plant, Units 1 and 2

I. Background

    Southern Nuclear Operating Company (SNC, the licensee) is the 
holder of Facility Operating License Nos. NPF-2, NPF-8, NPF-68, and 
NPF-81, for the Joseph M. Farley Nuclear Plant (Farley), Units 1 and 2; 
and the Vogtle Electric Generating Plant (Vogtle), Units 1 and 2, 
respectively. The licenses provide, among other things, that the 
licensee is subject to all rules, regulations, and orders of the 
Commission now or hereafter in effect. The Farley, Units 1 and 2; and 
Vogtle, Units 1 and 2, facilities consist of two pressurized-water 
reactors located at each of the licensee's sites in Houston County, 
Alabama, and Burke County, Georgia, respectively.

II. Request/Action

    In accordance with Section 50.71 of title 10 of the Code of Federal 
Regulations (10 CFR), ``Maintenance of records, making of reports,'' 
paragraph (e)(4) states, in part, that ``Subsequent revisions [to the 
Updated Final Safety Analysis Report (UFSAR) submitted as part of the 
original license application] must be filed annually or 6 months after 
each refueling outage provided the interval between successive updates 
[to the UFSAR] does not exceed 24 months.'' By letter dated June 9, 
2021 (ADAMS Accession No. ML21160A156), SNC requested that the due date 
for submittal of the Farley, Units 1 and 2, UFSAR be by October 31 of 
every odd-numbered year, provided the interval between successive 
updates does not exceed 24 months, and that the due date for submittal 
of the Vogtle, Units 1 and 2, UFSAR be by October 31 of every even-
numbered year, provided the interval between successive updates does 
not exceed 24 months.
    Pursuant to 10 CFR 50.12, ``Implementation of the Equal Access to 
Justice Act in Agency Proceeding,'' the NRC may, upon application by 
any

[[Page 44058]]

interested person or upon its own initiative, grant exemptions from the 
requirements of 10 CFR part 50, ``Domestic Licensing of Production and 
Utilization Facilities,'' including 10 CFR 50.71(e)(4) when: (1) The 
exemptions are authorized by law, will not present an undue risk to the 
public health and safety, and are consistent with the common defense 
and security; and (2) special circumstances are present. Under 10 CFR 
50.12(a)(2), special circumstances include, among other things, 
whenever application of the regulation in the particular circumstances 
would not serve, or is not necessary to achieve, the underlying purpose 
of the rule.

III. Discussion

The Exemption Is Authorized by Law

    The regulation at 10 CFR 50.71(e)(4) requires revisions to UFSARs 
to be filed annually or six months after each refueling outage, 
provided the interval between successive updates does not exceed 24 
months. The underlying purpose of the regulation is to ensure that the 
licensee periodically updates its UFSAR so that the UFSAR remains up-
to-date and accurately reflects the plant design and operation. The 
proposed exemptions would change the current UFSAR submittal schedule 
for Farley, Units 1 and 2, and Vogtle, Units 1 and 2, to a calendar-
based schedule that would not exceed the maximum 24 months between 
successive updates as required by 10 CFR 50.71(e)(4). Submitting the 
UFSAR updates for Farley, Units 1 and 2; and Vogtle, Units 1 and 2, as 
proposed by October 31 of the odd year and by October 31 of the even 
year, respectively, continues to meet the intent of the regulation and 
maintaining UFSAR information up-to-date. The NRC staff has determined 
that granting the licensee's proposed exemptions will not result in a 
violation of the Atomic Energy Act of 1954, as amended, or the 
Commission's regulations. Therefore, the exemptions are authorized by 
law.

The Exemption Presents No Undue Risk to Public Health and Safety

    The underlying purpose of 10 CFR 50.71(e)(4) is to ensure that 
licensees periodically update their UFSARs so that the UFSARs remain 
up-to-date and accurately reflect the plant design and operation. The 
NRC has determined by rule that an update frequency not exceeding 24 
months between successive updates is acceptable for maintaining up to 
date UFSAR content. Farley, Units 1 and 2, were granted an exemption 
dated July 7, 1998 (ADAMS Accession No. ML013130216), that allowed the 
licensee to submit a unified UFSAR update for both units every 18 
months, not to exceed 24 months from the last submittal. Vogtle, Units 
1 and 2, were granted an exemption dated March 5, 1998 (ADAMS Accession 
No. ML012410088), that allowed the licensee to submit a unified UFSAR 
update for both units every 18 months, not to exceed 24 months from the 
last submittal. While the regulation requires, in part, that UFSAR 
updates be submitted ``annually or 6 months after each refueling 
outage,'' it allows the submission of such updates on a different 
schedule, ``provided the interval between successive updates does not 
exceed 24 months.'' The requested exemptions also meet the intent of 
the rule for regulatory burden reduction. Additionally, based on the 
nature of the requested exemptions and the requirement that updates 
will not exceed 24 months from the last submittal as described in this 
notice, no new accident precursors are created by the exemptions; 
therefore, neither the probability nor the consequences of postulated 
accidents are increased. In conclusion, the requested exemptions do not 
result in any undue risk to the public health and safety.

The Exemption Is Consistent With the Common Defense and Security

    The requested exemptions from 10 CFR 50.71(e)(4) would allow SNC to 
submit its periodic updates to the Farley, Units 1 and 2, UFSAR by 
October 31 of odd-numbered years, not to exceed 24 months from the last 
submittal, and periodic updates to the Vogtle, Units 1 and 2, UFSAR by 
October 31 of even-numbered years, not to exceed 24 months from the 
last submittal. Neither the regulation nor the proposed exemptions have 
any relation to security issues. Therefore, the common defense and 
security is not impacted by the exemptions.

Special Circumstances

    Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii), 
are present whenever application of the regulation in the particular 
circumstances would not serve the underlying purpose of the rule or is 
not necessary to achieve the underlying purpose of the rule. The rule 
change promulgated in August 1992 (57 FR 39358; August 31, 1992) was 
intended to provide a reduction in regulatory burden by providing 
licensees with the option to submit UFSAR updates once per refueling 
outage, not to exceed 24 months between successive updates, instead of 
annually. Currently, Farley, Units 1 and 2, and Vogtle, Units 1 and 2, 
submit a combined UFSAR for each site every 18 months, not to exceed 24 
months from the last submittal. The processing and submittal of the 
UFSAR every 18 months is not necessary to achieve the underlying 
purpose of the rule in that the licensee continues to meet the maximum 
24-month interval between submittals as required by the regulation. 
Therefore, special circumstances exist under 10 CFR 50.12(a)(2)(ii) in 
that application of the requirements in these particular circumstances, 
would not serve the underlying purpose of the rule and are not 
necessary to achieve the underlying purpose of the rule.

Environmental Considerations

    With respect to the impact of the exemptions on the quality of the 
human environment, the NRC has determined that the issuance of the 
exemptions discussed herein meets the eligibility criteria for 
categorical exclusion from the requirement to prepare an environmental 
assessment or environmental impact statement, set forth in 10 CFR 
51.22(c)(25).
    Under 10 CFR 51.22(c)(25), the granting of an exemption from the 
requirements of any regulation of 10 CFR chapter I (which includes 10 
CFR 50.71(e)(4)) is an action that is a categorical exclusion, provided 
that certain specified criteria are met. The basis for NRC's 
determination is provided in the following evaluation of the 
requirements in 10 CFR 51.22(c)(25)(i)-(vi).
    Requirements in 10 CFR 51.22(c)(25)(i):
    To qualify for a categorical exclusion under 10 CFR 
51.22(c)(25)(i), the exemption must involve no significant hazards 
consideration. The criteria for determining whether an action involves 
a significant hazards consideration are found in 10 CFR 50.92. The 
proposed action involves only a schedule change regarding the 
submission of an update to the UFSAR. As set forth in that regulation, 
there are no significant hazard considerations because granting the 
exemptions would not: (1) Involve a significant increase in the 
probability or consequences of an accident previously evaluated; or (2) 
create the possibility of a new or different kind of accident from any 
accident previously evaluated; or (3) involve a significant reduction 
in a margin of safety.
    Requirements in 10 CFR 51.22(c)(25)(ii):
    There is no significant change in the types or significant increase 
in the amounts of any effluents that may be released offsite. The 
proposed action involves only a schedule change, which

[[Page 44059]]

is administrative in nature, and does not involve any changes in the 
types or increase in the amounts of any effluents that may be released 
offsite.
    Requirements in 10 CFR 51.22(c)(25)(iii):
    There is no significant increase in individual or cumulative public 
or occupational radiation exposure. Since the proposed action involves 
only a schedule change, which is administrative in nature, it does not 
contribute to any significant increase in individual or cumulative 
public or occupational radiation exposures.
    Requirements in 10 CFR 51.22(c)(25)(iv):
    There is no significant construction impact. Since the proposed 
action involves only a schedule change related to the timing for 
submittal of UFSAR updates, which is administrative in nature, it does 
not involve any construction impact.
    Requirements in 10 CFR 51.22(c)(25)(v):
    There is no significant increase in the potential for or 
consequences from radiological accidents. The proposed action involves 
only a schedule change related to the timing for submittal of UFSAR 
updates, which is administrative in nature and does not impact the 
potential for or consequences from radiological accidents.
    Requirements in 10 CFR 51.22(c)(25)(vi):
    The requirements from which the exemption is sought involve 
recordkeeping, reporting, scheduling, or other requirements of an 
administrative, managerial, or organizational nature. The proposed 
action involves recordkeeping, reporting, and scheduling requirements, 
and other requirements of an administrative, managerial, or 
organizational nature because it is associated with the schedule for 
submittal of UFSAR updates pursuant to 10 CFR 50.71(e)(4), and meets 
that regulation's requirement that the interval between successive 
updates does not exceed 24 months.
    Based on the previously noted requirements, the NRC staff concludes 
that the proposed exemptions meet the eligibility criteria for the 
categorical exclusion set forth in 10 CFR 51.22(c)(25). Therefore, in 
accordance with 10 CFR 51.22(b), no environmental impact statement or 
environmental assessment need be prepared in connection with the NRC's 
issuance of these exemptions.

IV. Conclusions

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
part 50.12, the requested exemptions are authorized by law, will not 
present an undue risk to public health and safety, and are consistent 
with the common defense and security. Also, special circumstances, 
pursuant to 10 CFR 50.12(a)(2)(ii), are present. Therefore, the NRC 
hereby grants SNC an exemption from the requirements of 10 CFR 
50.71(e)(4) to allow SNC to file its periodic updates to the Farley, 
Units 1 and 2, UFSAR by October 31 of odd-numbered years, not to exceed 
24 months from the last submittal, and to the Vogtle, Units 1 and 2, 
UFSAR by October 31 of even-numbered years, not to exceed 24 months 
from the last submittal.
    The exemptions are effective upon issuance.

    Dated: August 4, 2021.

    For the Nuclear Regulatory Commission.

/RA/

Caroline L. Carusone,

Deputy Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.

[FR Doc. 2021-17116 Filed 8-10-21; 8:45 am]
BILLING CODE 7590-01-P


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