ML19057A418

Safety Evaluation LAR 18-027 for Vogtle 3 and 4

ML19057A418
Person / Time
Site:	Vogtle
Issue date:	04/11/2019
From:	Paul Kallan NRC/NRO/DLSE/LB2
To:	Southern Nuclear Operating Co
KALLAN P/415-2809
Shared Package
ML19057A412	List: ML19057A413 ML19057A414 ML19057A415 ML19057A416 ML19057A417 ML19057A418
References
EPID L-2018-LLA-0311
Download: ML19057A418 (13)

Text

SAFETY EVALUATION BY THE OFFICE OF NEW REACTORS RELATED TO AMENDMENT NOS. 158 AND 156 TO THE COMBINED LICENSE NOS. NPF-91 AND NPF-92, RESPECTIVELY SOUTHERN NUCLEAR OPERATING COMPANY, INC.

GEORGIA POWER COMPANY OGLETHORPE POWER CORPORATION MEAG POWER SPVM, LLC MEAG POWER SPVJ, LLC MEAG POWER SPVP, LLC CITY OF DALTON, GEORGIA VOGTLE ELECTRIC GENERATING PLANT UNITS 3 AND 4 DOCKET NOS.52-025 AND 52-026

1.0 INTRODUCTION

By letter dated November 20, 2018 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18324A823), the Southern Nuclear Operating Company (SNC) requested that the Nuclear Regulatory Commission (NRC or the Commission) amend Vogtle Electric Generating Plant (VEGP) Units 3 and 4, Combined License (COL) Numbers NPF-91 and NPF-92, respectively. The License Amendment Request (LAR)18-027 proposes to depart from information in the Updated Final Safety Analysis Report (UFSAR) (which includes the plant-specific Design Control Document (DCD) Tier 2 information) and involves related changes to plant-specific Tier 1 information, with corresponding changes to the associated COL Appendix C information. The LAR also proposes changes to the COL Appendix A Technical Specifications.

The LAR proposes changes to UFSAR Tier 2 information, COL Appendix C (and plant-specific Tier 1 information), and COL Appendix A (Technical Specifications) that are editorial in nature to promote consistency within the licensing basis.

Pursuant to Section 52.63(b)(1) of Title 10 of the Code of Federal Regulations (10 CFR), SNC also requested an exemption from the provisions of 10 CFR Part 52, Appendix D, Design Certification Rule for the AP1000 Design,Section III.B, Scope and Contents. This exemption request will allow a departure from the corresponding portions of the certified information in

Tier 1 of the generic DCD.1 In order to modify the UFSAR (the PS-DCD) Tier 1 information, the NRC must find the licensees exemption request included in its submittal for the LAR to be acceptable. The staffs review of the exemption request, as well as the LAR, is included in this safety evaluation.

2.0 REGULATORY EVALUATION

The requested amendment proposes changes to UFSAR Tier 2 information, COL Appendix C (and plant-specific Tier 1 information), and COL Appendix A (Technical Specifications) that are editorial in nature to promote consistency within the licensing basis. Tier 1 information is defined in 10 CFR Part 52, Appendix D Section II.D.

The staff considered the following regulatory requirements in reviewing the LAR that included the proposed changes:

10 CFR Part 52, Appendix D, Section VIII.A.4 states that exemptions from Tier 1 information are governed by the requirements of 10 CFR 52.63(b)(1) and 10 CFR 52.98(f). It also states that the Commission will deny such a request if the design change causes a significant reduction in plant safety otherwise provided by the design.

10 CFR Part 52, Appendix D, VIII.C.6 states that after issuance of a license, Changes to the plant-specific TS will be treated as license amendments under 10 CFR 50.90. 10 CFR 50.90 addresses the applications for amendments of licenses, construction permits, and early site permits.

10 CFR Part 52, Appendix D, Section VIII.B.5.a allows an applicant or licensee who references this appendix to depart from Tier 2 information, without prior NRC approval, unless the proposed departure involves a change to or departure from Tier 1 information, Tier 2*

information, or the Technical Specifications, or requires a license amendment under paragraphs B.5.b or B.5.c of the section.

10 CFR 50.36, Technical specifications (TS) impose limits, operating conditions, and other requirements upon reactor facility operation for the public health and safety. The TS are derived from the analyses and evaluations in the safety analysis report. In general, TS must contain: (1) safety limits and limiting safety system settings; (2) limiting conditions for operation; (3) surveillance requirements; (4) design features; and (5) administrative controls.

10 CFR 52.63(b)(1) allows the licensee who references a design certification rule to request NRC approval for an exemption from one or more elements of the certification information. The Commission may only grant such a request if it determines that the exemption will comply with the requirements of 10 CFR 52.7, which, in turn, points to the requirements listed in 10 CFR 50.12 for specific exemptions. In addition to the factors listed in 10 CFR 52.7, the Commission shall consider whether the special circumstances outweigh any decrease in safety that may 1

While SNC describes the requested exemption as being from Section III.B of 10 CFR Part 52, Appendix D, the entirety of the exemption pertains to proposed departures from Tier 1 information in the plant-specific design control document (PS-DCD). In the remainder of this evaluation, the NRC will refer to the exemption as an exemption from Tier 1 information to match the language of Section VIII.A.4 of 10 CFR Part 52, Appendix D, which specifically governs the granting of exemptions from Tier 1 information.

result from the reduction in standardization caused by the exemption. Therefore, any exemption from the Tier 1 information certified by Appendix D to 10 CFR Part 52 must meet the requirements of 10 CFR 50.12, 52.7, and 52.63(b)(1).

10 CFR 52.98(f) requires NRC approval for any modification to, addition to, or deletion from the terms and conditions of a COL, including any modification to, addition to, or deletion from the Inspections, Tests, Analysis, and Acceptance Criteria (ITAAC) contained in the license.

Therefore, the proposed changes require a license amendment and NRC approval is required prior to making the plant-specific proposed changes in this LAR.

The proposed changes to COL Appendix C, and updates to the associated UFSAR information (which includes the plant-specific DCD Tier 2 information) potentially affects the reference design findings for the following 10 CFR 50, Appendix A, General Design Criterion (GDC):

GDC 3, Fire Protection, requires, in part, that structures, system, and components important to safety be designed and located to minimize, consistent with other safety requirements, the probability and effect of fires and explosions.

GDC 4, Environmental and dynamic effects design bases, requires that structures, systems and components important to safety be designed to accommodate the effects of and to be compatible with the environmental conditions associated with normal operation, maintenance, testing, and postulated accidents, including loss-of-coolant accidents.

GDC 13, Instrumentation and control, requires that instrumentation be provided to monitor variables and systems over their anticipated ranges for normal operation, for anticipated operational occurrences, and for accident conditions as appropriate to assure adequate safety, including those variables and systems that can affect the fission process, the integrity of the reactor core, the reactor coolant pressure boundary, and the containment and its associated systems.

GDC 17, Electric power systems, requires, in part, that onsite electric power supplies, including the batteries, and the onsite electric distribution system, have sufficient independence, redundancy, and testability to perform their safety function assuming a single failure.

GDC 19, Control room, includes a requirement that a control room be provided from which actions can be taken to operate the nuclear power unit safety under normal conditions and to maintain it in a safe condition under accident conditions, including loss-of-coolant accidents, and that equipment, including the necessary instrumentation, at appropriate locations outside the control room be provide with a design capability for prompt hot shutdown of the reactor.

GDC 34, Residual heat removal. A system to remove residual heat shall be provided. The system safety function shall be to transfer fission product decay heat and other residual heat from the reactor core at a rate such that specified acceptable fuel design limits and the design conditions of the reactor coolant pressure boundary are not exceeded.

GDC 60, Control of releases of radioactive materials to the environment, requires that the nuclear power unit design include means to control suitably the release of radioactive materials in gaseous and liquid effluents and to handle radioactive solid wastes produced during normal reactor operation, including anticipated operational occurrences.

3.1 TECHNICAL EVALUATION

OF THE REQUESTED CHANGES The information presented by SNC in this LAR was evaluated by the staff for its completeness, quality, and clarity. No new technical review of the designated changes proposed to be modified by this LAR was required or performed. This is because the changes to plant-specific Tier 1 (and COL Appendix C) Section 1.4; Tables 2.3.9-3, 2.3.11-2, 2.5.2-8, 2.6.3-3, 2.6.6-1, 2.7.1-3 and 3.3-3; and COL of Appendix C, Figures 2.2.1-1, 2.3.7-1 and 2.6.1-1 are derived from Tier 2 information, and this Tier 2 information was reviewed during the evaluation of the AP1000 DCD and then incorporated by reference into SNCs COL application for VEGP Units 3 and 4. As part of this LAR, SNC did not request any changes to design information; it merely requested changes to how the design information was described in Tier 1. The following paragraphs describe the staffs approach to review the LAR.

The staff reviewed the proposed changes and determined that the changes do not affect any of the information used or cited in the staffs safety findings as documented in either the AP1000 DCD Final Safety Evaluation Report (FSER) or the VEGP Units 3 and 4 COL FSER. The proposed changes to plant-specific Tier 1 (and COL Appendix C) Section 1.4; Tables 2.3.9-3, 2.3.11-2, 2.5.2-8, 2.6.3-3, 2.6.6-1, 2.7.1-3 and 3.3-3; and COL of Appendix C, Figures 2.2.1-1, 2.3.7-1 and 2.6.1-1 are to correct inconsistencies or editorial errors. In addition, SNC is proposing changes to the UFSAR Table 9.3.3-2 to correct inconsistencies or editorial errors.

There are no changes to the design, functional capabilities, method for performing a function, design analysis, safety analysis, or UFSAR Tier 2 information involved, and thus, the requested Tier 1 changes do not affect any design functions. The proposed changes do not involve a change to the method of evaluation for establishing design bases or safety analyses. Tests, experiments and procedures described in the licensing basis were not changed by these departures.

The staff also reviewed the proposed changes to the COL Appendix A (Technical Specifications) 3.4.12 and 3.7.1. The proposed changes to the COL Appendix A of the COL are to correct inconsistencies or editorial errors. The proposed changes do not involve a change to the technical specifications bases. The editorial changes in this LAR are related to areas of the GDCs listed and the staff found them acceptable.

Grounding and Lightning Protection System Acronym - Section 1.4 COL Appendix C (and associated plant-specific Tier 1) Section 1.4 provides a list of acronyms and abbreviations. The acronym for this section is defined as Grounding and Lightening Protection System (EGS). The EGS is inconsistent with the COL Appendix C Section 2.6.6 and the UFSAR. There is a typographical error with the word Lightening and it has been proposed to be changed to Lightning to promote a consistent spelling of the acronym within the licensing basis. The staff verified that the proposed change is completely editorial in nature and is not a concern. This change has no impact on the underlying technical information.

COL Appendix C Figure 2.2.1-1 Label COL Appendix C Figure 2.2.1-1 shows the Containment System (CNS) piping and instrument diagram. In an earlier Amendment No. 125 for Vogtle Unit 3 and No. 124 for Vogtle Unit No. 4 (ADAMS Accession No. ML18106A626), the label was left off from the diagram inadvertently.

SNC is proposing to add the label back on to the figure of the diagram to state, Figure 2.2.1-1 Containment System. The staff verified that the proposed change is completely editorial in nature and is not a concern. This change has no impact on the underlying technical information.

COL Appendix C Figure 2.3.7-1 Legibility COL Appendix C Figure 2.3.7-1 shows the Spent Fuel Pool Cooling System (SFS) piping and instrument diagram. In Appendix C, this diagram is presently not legible. SNC is proposing to replace this diagram with a more legible version of the diagram. No changes were proposed to the diagram. The staff reviewed and verified the updated information, and confirmed that it provides consistency between the plant-specific Tier 1 figure and the plant-specific DCD figure and that the figures depict the same information.

Design Commitment for Table 2.3.9.3-3 Item 4.b COL Appendix C (and associated plant-specific Tier 1) Table 2.3.9-3 Item 4. b states the following The components identified in Table 2.3.9.2-2 perform the listed function after receiving manual a signal from DAS (Diverse Actuation Signal). SNC is proposing the following language The components identified in Table 2.3.9-2 perform the listed function after receiving a manual signal from DAS. The staff reviewed and verified the updated information, and confirmed that the language was consistent with the licensing basis and made the sentence more understandable.

Equipment Number in Table 2.3.11-2 Item 3.a COL Appendix C (and associated plant-specific Tier 1) Table 2.3.11-2 Item 3a shows the equipment numbers for the Gaseous Radwaste System (WGS) Activated Carbon Delay Beds as WGS-MV024 and WGS-MV-02B. SNC is proposing to revise the following equipment numbers as WGS-MV-02A and WGS-MV-02B in COL Appendix C Table 2.3.11-1 (and Note1),

Table 2.3.11-3, and Figure 2.3.11-1. The staff reviewed and verified the updated information, and confirmed that the revisions corrected the equipment numbers and made them consistent with the licensing basis.

Due to the Tier 1 change, SNC made a corresponding change to UFSAR (plant-specific DCD)

Tier 2 information in Table 9.3.3-2, Item 30. The staff reviewed and verified that this change was needed to make the Tier 2 information in Table 9.3.3-2, Item 30 consistent with the Tier 1 change.

Also, this ITAAC for VEGP Units 3 and 4 was already closed (ADAMS Accession Nos.

ML14322A395 and ML15211A138, respectively), as indicated in the Federal Register (83 FR 34890 dated July 23, 2018). SNC did not resubmit and republish this change in the Federal Register. The staff reviewed and verified that the change was editorial in nature and was consistent with the licensing basis. Therefore, the staff concluded that the change did not need to be re-noticed in the Federal Register.

Design Commitment for Section 2.5.2 Item 14 COL Appendix C (and associated plant-specific Tier 1) Design Description Item 14 and plant-specific Tier 1 Table 2.5.2-8 Item 14 states the following, The Component Interface Module CIM) is developed using a planned design process which provides for specific design documentation and reviews. SNC is proposing to add an open parenthesis to the acronym in COL Appendix C Table 2.5.2-8 Item 14. The staff reviewed and verified that the change was editorial in nature. The staff verified that the change is consistent with the COL Appendix C instrumentation and control rooms which are not affected by this change to the Control Function and that it is consistent with the design of the plant.

Also, this ITAAC for VEGP Units 3 and 4 was already closed (ADAMS Accession Nos.

ML17143A239 and ML17143A244, respectively), as indicated in the Federal Register (82 FR 55658 dated November 22, 2017). SNC did not resubmit and republish this change in the Federal Register. The staff reviewed and verified that the change was editorial in nature and was consistent with the licensing basis. Therefore, the staff concluded that the change did not need to be re-noticed in the Federal Register.

Figure 2.6.1-1 (Sheet 1 of 4) Label Editorial Correction COL Appendix C Figure 2.6.1-1 shows the main ac power station (ECS) one-line drawing. The label for Sheet 1 of the figure states Main ac Power Syste. SNC proposes Main ac Power System to correct an editorial error for the word System. The staff verified that the proposed change is completely editorial in nature and is not a concern. This change has no impact on the underlying technical information or to the plant-specific Tier 1 information.

Design Description/Commitment in Section 2.6.3 COL Appendix C (and associated plant-specific Tier 1) Section 2.6.3 Design Description (and Table 2.6.3-3 Design Commitment) Item 4.b) states the following: The IDS (Class 1E dc and Uninterruptible Power Supply System) provides electrical isolation between the non-Class 1E ac power system and the non-Class 1E lighting in the MCR (Main Control Room). SNC is proposing to change the Design Description and Commitment language to the following, The IDS provides electrical isolation between itself and the non-Class 1E ac power system and the non-Class 1E lighting in the MCR. The staff reviewed and verified the updated information, and confirmed that the revised language made it clearer for the purposes of implementing the ITAAC.

Also, with the uncompleted ITAAC notification for VEGP Units 3 and 4 (ADAMS Accession No. ML17332A068), SNC did not re-submit the uncompleted ITAAC. The staff reviewed the uncompleted ITAAC and concluded that a re-submittal of the uncompleted ITAAC was not necessary as the methodology of closure was unaffected by the change.

Design Commitment for Table 2.6.6-1 The Design Commitment for Table 2.6.6-1 states the following The EGS provides an electrical grounding system for: [] (2) electrical system grounding of the neutral points of the main generator, main step-up transformers, auxiliary transformers, load center transformers, auxiliary and onsite standby diesel generators []. SNC is proposing to delete the word auxiliary from the Design Commitment in Table 2.6.6-1. The staff reviewed and verified the updated information and found no components named auxiliary diesel generators for VEGP Units 3 and

4. The staff agrees with the deletion of the word auxiliary from the Design Commitment in Table 2.6.6-1 so that it is consistent with the Design Description for COL Appendix C Section 2.6.6 and UFSAR Subsection 8.3.1.1.7.

Control Function of Ancillary Fans in Table 2.7.1-3 Col Appendix C (and associated plant-specific Tier 1) Table 2.7.1-4 Item 12 (consolidated in COL Index Number 700/ITAAC Number 2.7.01.14) requires that controls exist in the MCR to cause the components identified in Table 2.7.1-3 to perform the listed function. The MCR Ancillary Fans (VBS-MA-10A/VBS-MA-10B), the Division B Room Ancillary Fan (VBS-MA-11),

and the Division C Room Ancillary Fan (VBS-MA-12) listed control function is to Run; however, there are no controls in the MCR which cause these components to Run.

SNC is proposing to leave blank the Control Function for VBS-MA-10A, VBS-MA-10B, VBS-MA-11, and VBS-MA-12 (denoted with a dash) to demonstrate that there is no control in the MCR which causes the components to operate. The staff reviewed the updated information and verified that the components will continue to be verified by SNC, to have been installed and operate correctly in other ITAAC (including the functional arrangement, location, and that they start and run). Additionally, the staff verified that the fans will be required to pass a Surveillance in the Technical Requirements Manual and be determined to be functional by SNC. The staff reviewed the information and found that the function of the ancillary fans for the nuclear island nonradioactive ventilation system (VBS) to provide post-72-hour ventilation to the MCR and instrumentation and control rooms are not affected by this change to the Control Function and that it is consistent with the design of the plant and therefore, the staff agrees with the proposed change.

Fire Area 1220 AF 02 in Auxiliary Building in Table 3.3-3 Fire Area 1220 AF 02 is shown in COL Appendix C (and associated plant-specific Tier 1) Table 3.3-3 as being located in the Auxiliary Building Non-Radiologically Controlled Area. In UFSAR Subsection 9A.3.1.3.1.4, the fire area includes Room No. 12244 and is serviced by the radiologically controlled ventilation system. UFSAR Table 9A-4 shows Fire Area 1220 AF 02 as being part of the Radiologically Controlled Area. Also UFSAR Table 3D.5-1 shows Room No.

12244 as being part of Zone 7 - Auxiliary Building - Radiological - Accessible. To be consistent with the UFSAR, SNC is proposing to change Table 3.3.-3 to show Fire Area 1220 AF 02 as part of the Auxiliary Building Radiologically Controlled Area. The staff reviewed the updated information and verified that there is no impact to the equipment qualification, separation, or independence of equipment in the subject fire area or adjacent fire area due to the proposed change. The staff found the change to be consistent with the information in other portions of the licensing basis.

Also, with the uncompleted ITAAC notification for VEGP Units 3 and 4 (ADAMS Accession Nos.

ML18177A122, ML18177A099, ML18100A030, and ML18177A057), SNC did not re-submit the uncompleted ITAAC. The staff reviewed the uncompleted ITAAC and concluded that a re-submittal of the uncompleted ITAAC was not necessary as the methodology of closure was unaffected by the change.

Technical Specification 3.4.12 Condition D Consistency Change Technical Specification 3.4.12, states:

ADS - Shutdown, RCS Intact, requires that a prescribed number of Automatic Depressurization System (ADS) flow paths be OPERABLE depending on how long the reactor has been subcritical. In approved Amendment No. 118/117 for VEGP Unit 3 and Unit 4 (ADAMS Accession No. ML18075A094), it changed the ADS valve availability to accommodate reactor coolant system (RCS) vacuum refill. Also, in Amendment No. 118/117, CONDITION D ensures all possible combinations of conditions are addressed under the Limiting Condition for Operation (LCO). One of the conditions is stated as Three or more flow paths in ADS stage 1, 2, and 3 inoperable. Condition C in Amendment No. 118/117, referred to the number of required ADS flow paths, however, the word required was unintentionally left out of the mark up for Amendment No. 118/117. SNC is proposing to rewrite the condition as follows, Three or more required flow paths in ADS stage 1, 2, and 3 inoperable. The staff reviewed and verified the updated information, and confirmed that the word required to be included in CONDITION C. This change would be consistent with Technical Specification 3.4.12 CONDITION D. Also, the staff agrees that the safe shutdown analysis continues to demonstrate that the plant complies with its licensing performance criteria to cool the RCS to 420° F within 36 hours4.166667e-4 days <br />0.01 hours <br />5.952381e-5 weeks <br />1.3698e-5 months <br /> as stated in Amendment No. 118/117.

Technical Specification 3.7.1 REQUIRED ACTION B.1 Editorial Changes Technical Specification 3.7.1, Main Steam Safety Valves (MSSVs), requires that six MSSVs per steam generator be OPERABLE. CONDITION B states the following, One or both steam generators with one or more MSSVs inoperable for closing and REQUIRED ACTION B.1 states Restore MSSV to OERABLE status.

There is a typographical error with the word OERABLE and it has been proposed to be changed to OPERABLE to promote a consistent spelling in REQUIRED ACTION B.1. The staff verified that the proposed change is completely editorial in nature and is not a concern.

This change has no impact on the underlying technical specifications.

3.2 EVALUATION OF EXEMPTION The regulations in Section III.B of Appendix D to 10 CFR Part 52 require a holder of a COL referencing Appendix D to 10 CFR Part 52 to incorporate by reference and comply with the requirements of Appendix D, including certified information in Tier 1 of the generic AP1000 DCD. Exemptions from Tier 1 information are governed by the change process in Section VIII.A.4 of Appendix D of 10 CFR Part 52. Because SNC has identified changes to plant-specific Tier 1 information, with corresponding changes to the associated COL Appendix C information resulting in the need for a departure, an exemption from the certified design information within plant-specific Tier 1 material is required to implement the LAR.

The Tier 1 information for which a plant-specific departure and exemption was requested relates to changes to COL Appendix C (with corresponding changes to plant-specific Tier 1 information) that are editorial in nature to promote consistency with the licensing basis documents, and plant-specific Tier 1 Section 1.4; Tables 2.3.9-3, 2.3.11-2, 2.5.2-8, 2.6.3-3, 2.6.6-1, 2.7.1-3 and 3.3-3. The result of this exemption would be that SNC could implement the requested modifications to Tier 1 information, with corresponding changes to COL Appendix C. Pursuant to the provisions of 10 CFR 52.63(b)(1), an exemption from elements of the design as certified in the 10 CFR Part 52, Appendix D, design certification rule is requested for the involved Tier 1 information described and justified in LAR 18-027. This exemption is a permanent exemption limited in scope to the particular Tier 1 information specified.

As stated in Section VIII.A.4 of Appendix D to 10 CFR Part 52, an exemption from Tier 1 information is governed by the requirements of 10 CFR 52.63(b)(1) and 52.98(f). Additionally,Section VIII.A.4 of Appendix D to 10 CFR Part 52 provides that the Commission will deny a request for an exemption from Tier 1 if it finds that the requested change will result in a significant decrease in the level of safety otherwise provided by the design. Pursuant to 10 CFR 52.63(b)(1), the Commission may grant exemptions from one or more elements of the certification information, so long as the criteria given in 10 CFR 52.7, which, in turn, references 10 CFR 50.12, are met and that the special circumstances, which are defined by 10 CFR 50.12(a)(2), outweigh any potential decrease in safety due to reduced standardization.

Pursuant to 10 CFR 52.7, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 52. As 10 CFR 52.7 further states, the Commissions consideration will be governed by 10 CFR 50.12, Specific exemptions, which states that an exemption may be granted 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. Specifically, 10 CFR 50.12(a)(2) lists six circumstances for which an exemption may be granted. It is necessary for one of these bases to be present in order for the NRC to consider granting an exemption request. SNC stated that the requested exemption meets the special circumstances of 10 CFR 50.12(a)(2)(ii). That subparagraph defines special circumstances as when [a]pplication 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 staffs analysis of these findings is presented below.

3.2.1 AUTHORIZED BY LAW The requested exemption would allow SNC to implement the amendment described above.

This exemption is a permanent exemption limited in scope to particular Tier 1 information.

Subsequent changes to COL Appendix C (with corresponding changes to plant-specific Tier 1 information) in Section 1.4; Tables 2.3.9-3, 2.3.11-2, 2.5.2-8, 2.6.3-3, 2.6.6-1, 2.7.1-3 and 3.3-3 or any other Tier 1 information would be subject to the exemption process specified in Section VIII.A.4 of Appendix D to 10 CFR Part 52 and the requirements of 10 CFR 52.63(b)(1). As stated above, 10 CFR Part 52, Appendix D, Section VIII.A.4 allows the NRC to grant exemptions from one or more elements of the Tier 1 information. The staff has determined that granting of SNCs proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commissions regulations. Therefore, as required by 10 CFR 50.12(a)(1), the exemption is authorized by law.

3.2.2 NO UNDUE RISK TO PUBLIC HEALTH AND SAFETY As discussed above in the technical evaluation, the proposed changes comply with the NRCs substantive safety regulations. Therefore, there is no undue risk to the public health and safety.

3.2.3 CONSISTENT WITH COMMON DEFENSE AND SECURITY The proposed exemption would allow changes to COL Appendix C (with corresponding changes to plant-specific Tier 1 information) that are editorial in nature to promote consistency with the licensing basis documents, and as presented in plant-specific Tier 1 information, thereby departing from the AP1000 certified (Tier 1) design information. The change does not alter or impede the design, function, or operation of any plant structures, systems, or components associated with the facilitys physical or cyber security and, therefore, does not affect any plant equipment that is necessary to maintain a safe and secure plant status. In addition, the changes have no impact on plant security or safeguards. Therefore, as required by 10 CFR 52.7 and 10 CFR 50.12(a)(1), the staff finds that the common defense and security is not impacted by this exemption.

3.2.4 SPECIAL CIRCUMSTANCES Special circumstances, in accordance with 10 CFR 50.12(a)(2), are present, in part, 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 underlying purpose of the Tier 1 information is to ensure that a licensee will safely construct and operate the plant based on the certified information found in the AP1000 DCD, which was incorporated by reference into the VEGP Units 3 and 4 licensing basis. The proposed changes described in the above technical evaluation do not impact the ability of any structures, systems, and components to perform their functions or negatively impact safety.

Special circumstances are present in the particular circumstances discussed in LAR 18-027 because the application of the specified Tier 1 information is not necessary to achieve the underlying purpose of the rule. The proposed exemption would allow changes to COL Appendix C (with corresponding changes to plant-specific Tier 1 information) that are editorial in nature to promote consistency within the licensing basis. This exemption requests revisions to Tier 1, Section 1.4; Tables 2.3.9-3, 2.3.11-2, 2.5.2-8, 2.6.3-3, 2.6.6-1, 2.7.1-3 and 3.3-3 that continue to demonstrate that the applicable regulatory requirements will be met. Therefore, for the above reasons, the staff finds that the special circumstances required by 10 CFR 52.7 and 10 CFR 50.12(a)(2)(ii) for the granting of an exemption from the Tier 1 information exist.

3.2.5 SPECIAL CIRCUMSTANCES OUTWEIGH REDUCED STANDARDIZATION This exemption would allow the implementation of changes to Tier 1 information in the plant-specific DCD and corresponding changes to Appendix C. The justification provided in LAR 18-027, the exemption request, and the associated licensing basis mark-ups demonstrate that there is a limited change from the standard information provided in the generic AP1000 DCD. The design functions of the system associated with this request will continue to be maintained because the associated revisions to the Tier 1 information support the design function of the safety systems. Consequently, the safety impact that may result from any reduction in standardization is minimized, because the proposed design change does not result in a reduction in the level of safety. Based on the foregoing reasons, as required by 10 CFR Part 52.63(b)(1), the staff finds that the special circumstances outweigh any decrease in safety that may result from the reduction of standardization of the AP1000 design.

3.2.6 NO SIGNIFICANT REDUCTION IN SAFETY This exemption would allow the implementation of changes discussed above. The exemption request proposes to depart from the certified design by allowing changes discussed above in the technical evaluation. The proposed changes will not adversely affect safety-related equipment or a fission product barrier, and do not impact the functional capabilities of the safety

-related equipment to perform its design functions, and the level of safety provided by the current systems and equipment therein is unchanged. Therefore, based on the foregoing reasons and as required by 10 CFR 52.7, 10 CFR 52.98(f), and 10 CFR Part 52, Appendix D, Section VIII.A.4, the staff finds that granting the exemption would not result in a significant decrease in the level of safety otherwise provided by the design.

4.0 STATE CONSULTATION

In accordance with the Commission's regulations in 10 CFR 50.91(b)(2), the Georgia State official was notified of the proposed issuance of the amendment on February 14, 2019. The State official had no comments.

5.0 ENVIRONMENTAL CONSIDERATION

The amendment proposed editorial and consistency changes to the texts with respect to installation or use of a facility component located within the restricted area as defined in 10 CFR Part 20. The staff has determined that the amendment involves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite, and that there is no significant increase in individual or cumulative occupational radiation exposure. The Commission has previously issued a proposed finding that the amendment involves no significant hazards consideration, and there has been no public comment on such finding (Federal Register, 84 FR 808, dated January 31, 2019). Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment needs be prepared in connection with the issuance of the amendment.

Because the exemption is necessary to allow the changes proposed in the license amendment, and because the exemption does not authorize any activities other than those proposed in the license amendment, the environmental consideration for the exemption is identical to that of the license amendment. Accordingly, the exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment needs to be prepared in connection with the issuance of the exemption.

6.0 CONCLUSION

The staff has determined that pursuant to Section VIII.A.4 of Appendix D to 10 CFR Part 52, the exemption (1) is authorized by law, (2) presents no undue risk to the public health and safety, (3) is consistent with the common defense and security, (4) is a special circumstance that outweighs the reduction in standardization, and (5) does not significantly reduce the level of safety at SNCs facility. Therefore, the staff grants SNC an exemption from Tier 1 information specified by SNC.

The staff has concluded, based on the considerations discussed in Section 3.1 and the staffs confirmation that the changes proposed in this LAR do not change an analysis methodology, or assumptions that there is reasonable assurance that: (1) the health and safety of the public will not be endangered by operation in the proposed manner, (2) there is reasonable assurance that such activities will be conducted in compliance with the Commissions regulations, and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public. Therefore, the staff finds the changes proposed in this LAR acceptable.

7.0 REFERENCES

1. Vogtle Electric Generating Plant, Units 3 and 4, Request for License Amendment (LAR-18-027): Editorial and Consistency Changes, November 20, 2018 (ADAMS Accession No. ML18324A823).

2. Vogtle Electric Generating Plant, Units 3 and 4, Issuance of Amendment Nos. 118/117 and Granting of Exemptions (LAR 17-027) RE: Technical Specifications for Reactor Coolant System Vacuum Fill and ITAAC for Containment Floodup, March 29, 2018 (ADAMS Accession No. ML18075A094).

3. Vogtle Electric Generating Plant Units 3 and 4, Issuance of Amendment Nos. 125/124 and Granting of Exemptions (LAR 17-042) RE: Tier 1 and Tier 2* Editorial and Consistency Changes, May 31, 2018 (ADAMS Accession No. ML18106A626).

4. Letter from Southern Nuclear Operating Company RE: Vogtle Electric Generating Plant Unit 3 Completion of ITAAC 2.3.11.03a [lndex Number 453], November 17, 2014 (ADAMS Accession Nos. ML14322A395 and ML15211A138).

5. Letter from Southern Nuclear Operating Company RE: Vogtle Electric Generating Plant Unit 3 Resubmittal of ITAAC Closure Notification on Completion of ITAAC 2.5.02.14 [index Number 5531], May 22, 2017 (ADAMS Accession Nos. ML17143A239 and ML17143A244).

6. Letter from Southern Nuclear Operating Company RE: Vogtle Electric Generating Plant Unit 3 and Unit 4 Notice of Uncompleted ITAAC 225-days Prior to Initial Fuel Load Item 2.6.03.04b [Index Number 6021, November 21, 2017 (ADAMS Accession No. ML17332A068).

7. Letter from Southern Nuclear Operating Company RE: Vogtle Electric Generating Plant Unit 3 and Unit 4 Notice of Uncompleted ITAAC 225-days Prior to Initial Fuel Load Item 3.3.00.07c.i.a [Index Number 795], June 25, 2018 (ADAMS Accession No. ML18177A122).

8. Letter from Southern Nuclear Operating Company RE: Vogtle Electric Generating Plant Unit 3 and Unit 4 Notice of Uncompleted ITAAC 225-days Prior to Initial Fuel Load Item 3.3.00.07c.i.b [Index Number 796], June 25, 2018 (ADAMS Accession No. ML18177A099).

9. Letter from Southern Nuclear Operating Company RE: Vogtle Electric Generating Plant Unit 3 and Unit 4 Notice of Uncompleted ITAAC 225-days Prior to Initial Fuel Load Item 3.3.00.07c.ii.a [Index Number 797], April 9, 2018 (ADAMS Accession No. ML18100A030).

10. Letter from Southern Nuclear Operating Company RE: Vogtle Electric Generating Plant Unit 3 and Unit 4 Notice of Uncompleted ITAAC 225-days Prior to Initial Fuel Load Item 3.3.00.07c.ll.b [Index Number 798], June 25, 2018 (ADAMS Accession No. ML18177A057).

11. Vogtle Electric Generating Plant Units 3 and 4 Updated Final Safety Analysis Report, Revision 7 and Tier 1, Revision 6, June 15, 2018 (ADAMS Accession No. ML18179A227).

12. AP1000 Design Control Document, Revision 19, June 13, 2011 (ADAMS Accession No. ML11171A500).

13. Combined License NPF-91 for Vogtle Electric Generating Plant Unit 3, Southern Nuclear Operating Company (ADAMS Accession No. ML14100A106).

14. Combined License NPF-92 for Vogtle Electric Generating Plant Unit 4, Southern Nuclear Operating Company (ADAMS Accession No. ML14100A135).