[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Pages 49572-49575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19133]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-025 and 52-026; NRC-2008-0252]


Southern Nuclear Operating Company Inc; Vogtle Electric 
Generating Plant, Units 3 and 4

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to comment, request 
a hearing, and petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an amendment and exemption to Combined Licenses (COL) NPF-
91 and NPF-92, issued to Southern Nuclear Operating Company, Inc. 
(SNC), and Georgia Power Company, Oglethorpe Power Corporation, MEAG 
Power SPVM, LLC, MEAG Power SPVJ, LLC, MEAG Power SPVP, LLC, and the 
City of Dalton, Georgia (collectively, SNC), for construction and 
operation of the Vogtle Electric Generating Plant (VEGP), Units 3 and 
4, located in Burke County, Georgia.

DATES: Submit comments by October 4, 2021. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received before this 
date. A request for a hearing or petition for leave to intervene must 
be filed by November 2, 2021.

ADDRESSES: You may submit comments by any of the following methods; 
however, the NRC encourages electronic comment submission through the 
Federal Rulemaking website:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2008-0252. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#02517663617b2c51616a776f636c6c426c70612c656d74"><span class="__cf_email__" data-cfemail="5a092e3b3923740939322f373b34341a342839743d352c">[email protected]</span></a>. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
    <bullet> Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: William ``Billy'' Gleaves, Office of 
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-000; telephone: 301-415-5848; email: 
<a href="/cdn-cgi/l/email-protection#d597bcb9b9fb92b9b0b4a3b0a695bba7b6fbb2baa3"><span class="__cf_email__" data-cfemail="eaa8838686c4ad868f8b9c8f99aa849889c48d859c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2008-0252 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly available information related to this action by any of the 
following methods:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2008-0252.
    <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#1c6c786e326e796f73696e7f795c726e7f327b736a"><span class="__cf_email__" data-cfemail="344450461a4651475b41465751745a46571a535b42">[email protected]</span></a>. The application for amendment, dated 
August 24, 2021 is available in ADAMS under Accession No. ML21236A305.
    <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#8bfbeff9a5f9eef8e4fef9e8eecbe5f9e8a5ece4fd"><span class="__cf_email__" data-cfemail="6e1e0a1c401c0b1d011b1c0d0b2e001c0d40090118">[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.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal Rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2008-0252 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should

[[Page 49573]]

inform those persons not to include identifying or contact information 
that they do not want to be publicly disclosed in their comment 
submission. Your request should state that the NRC does not routinely 
edit comment submissions to remove such information before making the 
comment submissions available to the public or entering the comment 
submissions into ADAMS.

II. Introduction

    The NRC is considering issuance of an amendment to facility 
Operating License Nos. NPF-91 and NPF-92, issued to SNC for operation 
of the VEGP Units 3 and 4, located in Burke County, Georgia.
    The proposed changes would revise the COLs to depart from plant-
specific Design Control Document (DCD) Tier 1 Inspection, Test, 
Analysis, and Acceptance Criteria (ITAAC) information, and the 
corresponding COL Appendix C information, in a way that allows 
completion of the ITAAC prior to fuel load consistent with the existing 
facility design.
    Changes are proposed for ITAAC Nos. 68 (2.1.03.01), 75 (2.1.03.06), 
515 (2.5.01.03e), 565 (2.5.05.02.i), and 570 (2.5.05.03b), to address 
specific ``as-built'' components whose final location is in the reactor 
vessel, since the invessel components cannot be installed in their 
final ``as-built'' location until after core fuel load. Pursuant to 
paragraph 52.103(g) of title 10 of the Code of Federal Regulations (10 
CFR), all ITAAC must be completed prior to loading the initial core. 
Thus, these ITAAC cannot be completed as currently written, in light of 
the interpretation and understanding of NRC approved guidance that 
provides that ``as-built'' structures, systems or components (SSC) must 
be in their final operational location prior to ITAAC Closure 
Notification submittal, because these invessel components cannot be 
placed in their final operational location until after the 10 CFR 
52.103(g) finding. Because this proposed change requires a departure 
from Tier 1 information in the Westinghouse AP1000 DCD, the licensee 
also requested an exemption from the requirements of the Generic DCD 
Tier 1 in accordance with 10 CFR 52.63(b)(1).
    Before any issuance of the proposed license amendment, the NRC will 
need to make the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and NRC's regulations.
    The NRC has made a proposed determination that the license 
amendment request involves no significant hazards consideration. Under 
the NRC's regulations in 10 CFR 50.92, this means that operation of the 
facility in accordance with the proposed amendment 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. As 
required by 10 CFR 50.91(a), the licensee has provided its analysis of 
the issue of no significant hazards consideration, which is presented 
below:

1. Does the proposed amendment involve a significant increase in the 
probability or consequences of an accident previously evaluated?

    Response: No.
    The proposed revisions have been found to continue to provide 
the required functional capability of the safety systems for 
previously evaluated accidents and anticipated operational 
occurrences. The affected system is not an initiator of any accident 
analyzed in the Updated Final Safety Analysis Report (UFSAR), nor do 
the changes involve an interface with any SSC accident initiator or 
initiating sequence of events, and thus, the probabilities of the 
accidents evaluated in the UFSAR are not affected. The proposed 
changes do not involve a change to any mitigation sequence or the 
predicted radiological releases due to postulated accident 
conditions, thus, the consequences of the accidents evaluated in the 
UFSAR are not affected.
    The UFSAR describes the analyses of various design basis 
transients and accidents to demonstrate compliance of the design 
with the acceptance criteria for these events. The acceptance 
criteria for the various events are based on meeting the relevant 
regulations and general design criteria and are a function of the 
anticipated frequency of occurrence of the event and potential 
radiological consequences to the public. The revised ITAAC maintains 
the plant conditions, and thus, maintains the frequency designation 
and consequence level as previously evaluated.
    Therefore, the proposed amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.

2. Does the proposed amendment create the possibility of a new or 
different kind of accident from any accident previously evaluated?

    Response: No.
    The proposed revisions have been found to continue to confirm 
the required functional capability of the safety systems for 
previously evaluated accidents and anticipated operational 
occurrences. The proposed revisions do not change the function of 
the related systems, and thus, the changes do not introduce a new 
failure mode, malfunction or sequence of events that could adversely 
affect safety or safety-related equipment.
    Therefore, the proposed amendment does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.

3. Does the proposed amendment involve a significant reduction in a 
margin of safety?

    Response: No.
    The proposed revisions have been found to continue to provide 
the required functional capability of the safety systems for 
previously evaluated accidents and anticipated operational 
occurrences. The proposed revisions do not change the function of 
the related systems nor significantly affect the margins provided by 
the systems. No safety analysis or design basis acceptance limit/
criterion is challenged or exceeded by the requested changes.
    Therefore, the proposed amendment does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
license amendment request involves no significant hazards 
consideration.
    The NRC is seeking public comments on this proposed determination 
that the license amendment request involves no significant hazards 
consideration. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no 
significant hazards consideration. In addition, the Commission may 
issue the amendment prior to the expiration of the 30-day comment 
period should circumstances change during the 30-day comment period 
such that failure to act in a timely way would result, for example, in 
derating or shutdown of the facility. Should the Commission take action 
prior to the expiration of either the comment period or the notice 
period, the Commission will publish a notice of issuance in the Federal 
Register. Should the Commission make a final no significant hazards 
consideration determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.

III. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request

[[Page 49574]]

for a hearing and a petition to intervene (petition) with respect to 
the action. Petitions shall be filed in accordance with the 
Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR part 
2. Interested persons should consult a current copy of 10 CFR 2.309. 
The NRC's regulations are accessible electronically from the NRC 
Library on the NRC's website at https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a petition is filed, the Commission or a presiding 
officer will rule on the petition and, if appropriate, a notice of a 
hearing will be issued.
    As required by 10 CFR 2.309(d), the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right to be made a party 
to the proceeding; (3) the nature and extent of the petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in the proceeding. Each contention must consist of a specific 
statement of the issue of law or fact to be raised or controverted. In 
addition, the petitioner must provide a brief explanation of the bases 
for the contention and a concise statement of the alleged facts or 
expert opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions consistent with the NRC's regulations, policies, and 
procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the deadline will not be 
entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to decide when the hearing is held. If the final determination is that 
the amendment request involves no significant hazards consideration, 
the Commission may issue the amendment and make it immediately 
effective, notwithstanding the request for a hearing. Any hearing held 
would take place after issuance of the amendment. If the final 
determination is that the amendment request involves a significant 
hazards consideration, then any hearing held would take place before 
the issuance of any amendment unless the Commission finds an imminent 
danger to the health or safety of the public, in which case it will 
issue an appropriate order or rule under 10 CFR part 2.
    A State, local governmental body, Federally recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission no later 
than 60 days from the date of publication of this notice. The petition 
must be filed in accordance with the filing instructions in the 
``Electronic Submissions (E-Filing)'' section of this document, and 
should meet the requirements for petitions set forth in this section, 
except that under 10 CFR 2.309(h)(2) a State, local governmental body, 
or Federally recognized Indian Tribe, or agency thereof does not need 
to address the standing requirements in 10 CFR 2.309(d) if the facility 
is located within its boundaries. Alternatively, a State, local 
governmental body, Federally recognized Indian Tribe, or agency thereof 
may participate as a non-party under 10 CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
the discretion of the presiding officer, be permitted to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
his or her position on the issues but may not otherwise participate in 
the proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to the limits and 
conditions as may be imposed by the presiding officer. Details 
regarding the opportunity to make a limited appearance will be provided 
by the presiding officer if such sessions are scheduled.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), any 
motion or other document filed in the proceeding prior to the 
submission of a request for hearing or petition to intervene, and 
documents filed by interested governmental entities that request to 
participate under 10 CFR 2.315(c), must be filed in accordance with the 
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 
46562; August 3, 2012). The E-Filing process requires participants to 
submit and serve all adjudicatory documents over the internet, or in 
some cases to mail copies on electronic storage media. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC website at https://www.nrc.gov/site-help/e-submittals.html. Participants may not submit 
paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at <a href="/cdn-cgi/l/email-protection#345c5155465d5a531a505b575f5140745a46571a535b42"><span class="__cf_email__" data-cfemail="caa2afabb8a3a4ade4aea5a9a1afbe8aa4b8a9e4ada5bc">[email protected]</span></a>, or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate).

[[Page 49575]]

Based upon this information, the Secretary will establish an electronic 
docket for the hearing in this proceeding if the Secretary has not 
already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at http://www.nrc.gov/site-help/e-submittals.html, by 
email to <a href="/cdn-cgi/l/email-protection#b1fce2f9f59fe3d4c2dec4c3d2d4f1dfc3d29fd6dec7"><span class="__cf_email__" data-cfemail="c38e908b87ed91a6b0acb6b1a0a683adb1a0eda4acb5">[email protected]</span></a>, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 7 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First-class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, 11555 
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents in this 
manner are responsible for serving the document on all other 
participants. Filing is considered complete by first-class mail as of 
the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service. A presiding officer, having granted an 
exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click ``cancel'' when the 
link requests certificates and you will be automatically directed to 
the NRC's electronic hearing dockets where you will be able to access 
any publicly-available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as social security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants are 
requested not to include copyrighted materials in their submission.
    For further details with respect to this action, see the 
application for license amendment dated August 24, 2021.
    Attorney for licensee: Mr. M. Stanford Blanton, Balch & Bingham 
LLP, 1710 Sixth Avenue North, Birmingham, AL 35203-2015.
    NRC Branch Chief: Philip McKenna.

    Dated: August 31, 2021.

    For the Nuclear Regulatory Commission.
Philip J. McKenna,
Chief, Vogtle Project Office, Office of Nuclear Reactor Regulation.
[FR Doc. 2021-19133 Filed 9-2-21; 8:45 am]
BILLING CODE 7590-01-P


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