ML19337B139

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Exemption - Vogtle Electric Generating Plant Unit 4 (LAR 19-002) Exemption from Regulations Set Forth in Appendix D of 10CFR52
ML19337B139
Person / Time
Site: Vogtle Southern Nuclear icon.png
Issue date: 12/27/2019
From: Mark King
NRC/NRR/VPOB
To:
City of Dalton, GA, Georgia Power Co, MEAG Power, Oglethorpe Power Corp, Southern Nuclear Operating Co
Patel C
Shared Package
ML19337A667 List:
References
LAR 19-002
Download: ML19337B139 (2)


Text

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 UNIT 4 DOCKET NO.52-026 EXEMPTION FROM REGULATIONS SET FORTH IN APPENDIX D OF 10 CFR PART 52 Exemption License No. NPF-92

1. In a letter dated July 8, 2019, the Southern Nuclear Operating Company, Inc.

(licensee) requested from the Nuclear Regulatory Commission (NRC or Commission) an exemption to allow departures from Tier 1 information in the certified Design Control Document (DCD) incorporated by reference in Title 10 of the Code of Federal Regulations (10 CFR) Part 52, Appendix D, Design Certification Rule for the AP1000 Design, as part of license amendment request (LAR)19-002 Functional Arrangement ITAAC Optimization.

For the reasons set forth in Section 3.2 of the NRC staffs Safety Evaluation that supports this license amendment, which can be found at Agencywide Documents Access and Management System (ADAMS) Accession Number ML19337B326, the Commission finds that:

A. the exemption is authorized by law; B. the exemption presents no undue risk to public health and safety; C. the exemption is consistent with the common defense and security;

D. special circumstances are present in that the application of the rule in this circumstance is not necessary to serve the underlying purpose of the rule; E. the special circumstances outweigh any decrease in safety that may result from the reduction in standardization caused by the exemption; and F. the exemption will not result in a significant decrease in the level of safety otherwise provided by the design.

2. Accordingly, the licensee is granted an exemption from the certified DCD Tier 1 information, as described in the licensees request dated July 8, 2019. This exemption is related to, and necessary for, the granting of License Amendment No. 168, which is being issued concurrently with this exemption.
3. As explained in Section 5.0 of the NRC staffs Safety Evaluation (ADAMS Accession Number ML19337B326), this 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.
4. This exemption is effective as of the date of its issuance.

FOR THE NUCLEAR REGULATORY COMMISSION:

/RA/

Mike King, Director Vogtle Project Office Office of Nuclear Reactor Regulation Date of Issuance: December 27, 2019