ML20069A003

COL Docs - FW: Request for 2nd Psm on Thurs. March 19, 2020 - Request for Exemption to 10CFR52, Appendix D (Compliance with Tier 1 plant-specific DCD)

ML20069A003
Person / Time
Site:	Vogtle
Issue date:	03/09/2020
From:	NRC
To:	NRC/NRR/DNRL
References
Download: ML20069A003 (20)

Text

From: Rankin, Jennivine Sent: Monday, March 9, 2020 6:49 AM To: Vogtle PEmails

Subject:

FW: RE: Request for 2nd PSM on Thurs. March 19, 2020 - Request for Exemption to 10CFR52, Appendix D (Compliance with Tier 1 plant-specific DCD)

Attachments: Draft Tier 1 Plant-Specific DCD Exemption Request.pdf For discussion at 3/19 pre-submittal meeting.

From: Agee, Stephanie Y. <SYAGEE@southernco.com>

Sent: Friday, March 06, 2020 2:40 PM To: Rankin, Jennivine <Jennivine.Rankin@nrc.gov>

Cc: Chamberlain, Amy Christine <ACCHAMBE@southernco.com>; Amundson, Theodore Edwin

<X2TAMUNS@southernco.com>; Arafeh, Yasmeen N. <YNARAFEH@southernco.com>; Santos, Cayetano

<Cayetano.Santos@nrc.gov>; Humphrey, Mark Phillips <MPHUMPHR@southernco.com>

Subject:

[External_Sender] RE: Request for 2nd PSM on Thurs. March 19, 2020 - Request for Exemption to 10CFR52, Appendix D (Compliance with Tier 1 plant-specific DCD)

Hi Jennie, Attached is our DRAFT Exemption request that we would like to discuss during a pre-submittal meeting on March 19th. To assist with the pre-submittal discussion, I will be sending a presentation to you next week. Please let me know if the staff can support this topic.

I appreciate your help!

Stephanie Agee ND Licensing Supervisor Nuclear Development Regulatory Affairs Southern Nuclear Operating Company a Southern Company 205-992-7556 From: Humphrey, Mark Phillips <MPHUMPHR@southernco.com>

Sent: Wednesday, March 4, 2020 10:41 AM To: Rankin, Jennivine <Jennivine.Rankin@nrc.gov>; Santos, Cayetano <Cayetano.Santos@nrc.gov>

Cc: Chamberlain, Amy Christine <ACCHAMBE@southernco.com>; Agee, Stephanie Y.

<SYAGEE@southernco.com>; Amundson, Theodore Edwin <X2TAMUNS@southernco.com>; Arafeh, Yasmeen N. <YNARAFEH@southernco.com>; Grant, Eddie <X2EDGRAN@SOUTHERNCO.COM>

Subject:

Request for 2nd PSM on Thurs. March 19, 2020 - Request for Exemption to 10CFR52, Appendix D (Compliance with Tier 1 plant-specific DCD)

Jennie/ Tanny -

In addition to the planned pre-submittal meeting for the ITAAC 195 LAR, SNC requests that the Staff support a 2nd PSM on March 19, 2020. The topic for the 2nd PSM is a Request for Exemption from the requirements of 10 CFR Part 52, Appendix D, to maintain and comply with the Tier 1 plant-specific DCD after the completion of the initial test phase of the project. This exemption request was discussed during a VRG earlier this year.

In support of a March 19, 2020 PSM for the Exemption Request, SNC can submit draft enclosures by Friday, March 6, 2020. Following, a PowerPoint presentation to be used during the PSM can be provided the week of March 9, 2020. Due to the current caution on air travel, SNC proposes this topic also be discussed via teleconference. We propose this to be the 2nd topic on the March 19th agenda, as the ITAAC 195 LAR PSM is anticipated to require less discussion because of a measure of alignment gained during the Feb. 13, 2020 technical exchange.

Thanks for considering this 2nd PSM for March 19, 2020. We look forward to your response.

Respectfully, Mark P. Humphrey Licensing Supervisor Nuclear Development Southern Nuclear 3535 Colonnade Parkway Birmingham, AL 35243 O: 205.992.6452 C: 205.215.5152 mphumphr@southernco.com From: Rankin, Jennivine <Jennivine.Rankin@nrc.gov>

Sent: Wednesday, March 4, 2020 5:52 AM To: Humphrey, Mark Phillips <MPHUMPHR@southernco.com>; Santos, Cayetano

<Cayetano.Santos@nrc.gov>

Subject:

RE: Request for PSM on Thurs. March 19, 2020 - LAR to Address ITAAC 195 Non-Material Issue EXTERNAL MAIL: Caution Opening Links or Files Good morning Mark -

The staff is able to support a 3/19 PSM for this LAR. We are looking forward to receiving the draft tomorrow and the discussion.

Thanks, Jennie

From: Humphrey, Mark Phillips <MPHUMPHR@southernco.com>

Sent: Monday, March 02, 2020 1:28 PM To: Santos, Cayetano <Cayetano.Santos@nrc.gov>

Cc: Rankin, Jennivine <Jennivine.Rankin@nrc.gov>

Subject:

[External_Sender] Request for PSM on Thurs. March 19, 2020 - LAR to Address ITAAC 195 Non-Material Issue Hi Tanny - I left a phone message on this topic and am following up by email in case you are travelling this week.

SNC is requesting a pre-submittal meeting on Thursday, March 19, 2020 to discuss a planned LAR to address a non-material change needed to ITAAC 195 (Transportable Debris). The proposed LAR would be the first using the streamlined format for LARs addressing non-material ITAAC issues, as discussed with the staff on February 13, 2020.

In support of the proposed PSM, SNC can provide a draft of the LAR enclosures on or before Thursday, March 5, 2020. We believe this PSM can effectively take place via teleconference but could support a face to face meeting if the staff prefers.

We look forward to your response.

Respectfully, Mark P. Humphrey Licensing Supervisor Nuclear Development Southern Nuclear 3535 Colonnade Parkway Birmingham, AL 35243 O: 205.992.6452 C: 205.215.5152 mphumphr@southernco.com

Hearing Identifier: Vogtle_COL_Docs_Public Email Number: 542 Mail Envelope Properties (MN2PR09MB489173537C43AD9D4A964EDC98FE0)

Subject:

FW: RE: Request for 2nd PSM on Thurs. March 19, 2020 - Request for Exemption to 10CFR52, Appendix D (Compliance with Tier 1 plant-specific DCD)

Sent Date: 3/9/2020 6:48:56 AM Received Date: 3/9/2020 6:49:01 AM From: Rankin, Jennivine Created By: Jennivine.Rankin@nrc.gov Recipients:

"Vogtle PEmails" <Vogtle.PEmails@nrc.gov>

Tracking Status: None Post Office: MN2PR09MB4891.namprd09.prod.outlook.com Files Size Date & Time MESSAGE 5517 3/9/2020 6:49:01 AM image001.gif 2058 Draft Tier 1 Plant-Specific DCD Exemption Request.pdf 739194 Options Priority: Normal Return Notification: No Reply Requested: No Sensitivity: Normal Expiration Date:

Southern Nuclear Operating Company ND-20-0244 Enclosure 1 Vogtle Electric Generating GP) Units 3 and 4 ting Plant (VEGP)

Exemption on Request:

10 CFR Part 52, Appendix x D Tier Tie 1 Plant-Specific Plant-Specific DCD R Plant- Requirements (This Enclosure consists of 15 pages, including this cover page)

ND-20-0244 Exemption Request: 10 CFR Part 52, Appendix D Tier 1 Plant-Specific DCD Requirements Table of Contents 1.0 PURPOSE

2.0 BACKGROUND

3.0 TECHNICAL JUSTIFICATION OF ACCEPTABILITY 4.0 JUSTIFICATION FOR EXEMPTION 4.1 This exemption is authorized by law 4.2 This exemption will not present an undue risk sk to the health and safety s of the public 4.3 The exemption is consistent with the common ommon defense and security 4.4 Special circumstances are presentt D

5.0 6.0 ra 7.0 8.0 9.0 RISK ASSESSMENT PRECEDENT EXEMPTIONS SIGNIFICANT HAZARDS CONSIDERATIONS CONCLUSION REFERENCES CES ES S

DS DETERMINATION ENVIRONMENTAL ATION AND ENVIRONM ENVIRONMENTA ft Page 2 of 15

ND-20-0244 Exemption Request: 10 CFR Part 52, Appendix D Tier 1 Plant-Specific DCD Requirements 1.0 PURPOSE In accordance with the provisions of 10 CFR 52.7, Specific Exemptions, and § 50.12, Specific Exemptions, Southern Nuclear Operating Company (SNC) requests an exemption from the requirements of 10 CFR Part 52, Appendix D, regarding requirements to maintain a Tier 1 plant-specific Design Control Document (DCD) during the operating phase of a Combined License (COL). The requested r exemption would permit SNC to designate the Tier 1 plant-specific DCD D as historical h information, no longer update the Tier 1 plant-specific DCD, nor evaluateuate future changes ch to Tier 2 plant-specific DCD information for impact to Tier 1 information.

matio . The exemption mation exemp exem request does not involve changes to Tier 2 plant-specific DCD D requirements. The exemption request Th exe also does not involve the generic design control trol document defined in tthe apappendix. The definitions for plant-specific DCD and Tierr 1 as defined efined in 10 CFR Part 52, 5 Ap Appendix D, are provided below:

Dra Plant-specific DCD means the document DCD that is approved descriptions, interface

1. Definitions ons ocument maintained byy an applicant or licen references this appendix consisting isting of the and supplemented by the plant-specific Section VIII of this appendix.

Tier 1 means the portion dix.

terface requirements, information. Tier ier 1 information e information in the generic cific departures and exemptions rtion of the design design-related sign--related exempt licensee who gene DCD a as modified made under contained in the generic ed information conta ertified by this appendix (Tier 1 information).

ved and certified in The design rements, and site parameters are derived from Tier 2 ation in includes:

ns and general provisio provisions; ft

2. Design sign ign descriptions;

3. Inspections, tests, analyses, and acceptance accep criteria (ITAAC);

4. Significant site parameters; and a

5. Significant interface requirem requirements.

Specifically, cally, SNC is requesting an exemption from 10 CFR Part 52, Appendix D, paragraph III.B, which requires require compliance with Tier 1, paragraph VIII.B.5.a, which requires departures artures from Tier Tie 2 information that involve Tier 1 information receive prior NRC approval, and paragparagraph X.A.2, which requires a licensee who references the appendix to maintain n the th plant-specific DCD for the term of the license.

The exemption is necessary because an underlying purpose of the Tier 1 plant-specific DCD will be obviated at the end of the initial testing phase for each VEGP Unit. In addition, it is not anticipated that additional AP1000 nuclear power plants will be licensed and complete construction in the foreseeable future; therefore, the benefits of maintaining standardization of VEGP 3&4 with the AP1000 design certification have been significantly reduced. Not maintaining the Tier 1 DCD will allow SNC to realize efficiencies by simplifying the Tier 2 plant-specific DCD change process and will allow Page 3 of 15

ND-20-0244 Exemption Request: 10 CFR Part 52, Appendix D Tier 1 Plant-Specific DCD Requirements SNC to effectively merge administrative change processes and procedures with other SNC operating reactors.

2.0 BACKGROUND

10 CFR Part 52 was first issued on April 18, 1989 1 in part to encourage standardization of nuclear power plant design and to provide for the early resolution of safety and environmental issues in licensing proceedings. The original nal version versio of 10 CFR Part 52 provided for procedures to be followed to apply forr the certification o of a nuclear power plant design and provided information to be submitted mitted for NRC review bmitted rev and approval but a

did not specify the level of design detail to be e provided ovided in order for NRC NR stastaff to be able to complete their review and approval other than han the phrase essentially essen complete nuclear power plant design. The statements atements of consideration (SOCs) expand expanded the Dra definition of essentially complete to mean - includes components which can affect safe such as the service water intake proposed a multi-tier approach to In SECY-90-377 [ADAMS Accession two-tier approach, ake structure initial design certification applications ach, which contained Tierr 1 ncludes all structures, systems, e operation of the plant except for site re and the ultimate heat sink.

o design certification.

certification s

pplications did not meet the NRCs expectations expectat expect system and site-specific

-specific elements Consequently, C

detail and after several interactions between the industry and the NRC, the industry ML003707889] the NRC approved a ccession Number ML003707 ML00370788 ontained the following attributes:

for level of ft Tier 1 will include information dev o

o o

o o

o System and key Functional and Inspection, per developed d as design criteria and bases and certain certa c

preliminary and detailed design phases, drawings during the conceptual phase, such information developed during the component descriptions ey co phase such as the following:

phas compone d performance perform requirements for plant systems electrical single-line diagrams Simplified electrica Simplified piping and instrumentation drawings (P&IDs)

General arrangement arran pection test, analysis, and acceptance criteria (ITAAC) pection, Typical design products that provide the information to be included in Tier 1 are further defined in Attachments B and C to Appendix A. In developing the Tier 1 requirements, the staff sought to standardize design details to the maximum extent practical, considering the procurement and design reconciliation process.

Tier 1 information will be certified by the rulemaking process and will not be changed without previous NRC approval (through an amendment rulemaking, an exemption pursuant to 10 CFR 52.63, or a waiver pursuant to 10 CFR 2.758) for 1 54 Federal Register Vol. 73 15372, April 18, 1989 Page 4 of 15

ND-20-0244 Exemption Request: 10 CFR Part 52, Appendix D Tier 1 Plant-Specific DCD Requirements the life of a facility referencing a design certification. An amendment to a certified design will affect all licensees referencing the certified design. Any combined license (COL) applicant or licensee may apply for an exemption affecting that one license only. Further, a contested COL proceeding could result in a rule waiver affecting that COL. 10 CFR 52.63 requires that in its review of proposed changes to Tier 1, the NRC examine the effect on standardization and the resulting safety benefits from the change. The staff ff will w use existing guidelines, including NUREG-CR3568 Tier 2 Tier 2 will include information demonstrating ating ing h how Tiererr 1 crite criteria ar are implemented in the design and will be of sufficient ient detail for the staff to make mak its safety determination as to the adequacy esign as described in Tier y of the design T 1. 10 CFR Part 52 does not address changes nges to uncertified rtified information in the applicat application applica for Dra design certification (Tier 2)) between design itself require that be processed rulemaking, Part 52 a facility acility roval. Therefore, d in a similar g, an exemption, n certification and COL is Because Tier 2 forms a basis for the staff's safety determination, believes that Tier 2 should nott undergo any changes before previous NRC approval.

lar manner as Tierr 1 changes ion, or a rule waiver pursuant 2 is not clear concerning changes to Tier lity (after COL). 10 CFR 52.63(b)(2) invo hanges to the uncertified portion changes port determination det anges (through pursuan to

((t ierr 2 material m

bef ore, the staff proposes that the design at any changes to Tier T r 2 information nformation before bef the d

issuance.

the staff COL without certification th issuance of a COL an amendment t 10 CFR 2.758). 10 CFR during construction of invokes 10 CFR 50.59 for making of the application appli by a licensee only. Because ft Section 50.59 applies only to a licensee authorized to operate (see 10 CFR 52.83 and 10 CFR 50.59),

process 50.59 10 CFR changed pursuant to 10 CFR 50.59 that a certain amount of flexibility cess paralleling that of changes discussed in CFR Part flex construct the facility. To provide pro p

P 52 is best read to say that Tier 2 may be 50 only after operation is permitted in accordance with 10 CFR 52.103. It is widely recognized throughout the industry will be needed to finalize the design and this flexibility, the staff proposes that a change o 10 CFR 50.59 be incorporated into the COL for making es to Tierr 2 information Tier 2 information info between COL issuance and operation. Changes to ormation after COL may be subject to hearing before operation if, as n Section Se S 52.103, acceptance criteria have not been met. Market forces such as the cost of redesign and the possibility for adjudication are major disincentives for changing Tier 2 design information and will help to preserve standardization. Although strong at the time of certification, the force associated with the cost of redesign will diminish over the life of the certification as technology advances.

Page 5 of 15

ND-20-0244 Exemption Request: 10 CFR Part 52, Appendix D Tier 1 Plant-Specific DCD Requirements The basis for the two-tiered approach is further defined in the SOCs for the AP1000 Design Certification Rule. They state:

The terms Tier 1, Tier 2, Tier 2*, and COL action items (license information) are defined in this appendix because these concepts were not envisioned when 10 CFR part 52 was developed. The design certification applicants and the NRC used these terms in implementing the two-tiered rule structure that was proposed by representatives of the nuclear industry dust after issuance of 10 CFR part 52. Therefore, appropriate definitions for or these additional terms are included in this appendix. The nuclear industry representatives ry representa epresenta requested a two-tiered structure for the DCRs to achieve preclusion for a greater ve issue preclus preclusio amount of information than was originally ally planned for the DCRs, nally D while retaining flexibility for design implementation.

tion. The Commission ntation. Commissio approved app the use of a two-tiered rule structure in itss staff requirements memorandumm memo (SRM), dated February 14, 1991, 91, on SECY-90-377, SECY ECY- 90-377, Requirements

-90 Requirement for Design Certification Under 10 CFR Part 52, 2, dated November 8, 1990. ThisT Dra document and others are available in the Certification (see section IV, Availability Consideration (SOC)).

The Tier 1 portion certified by this provisions in this appendix of an n of the design-related his appendix ndix is required under paragraphs III.B n introduction trodu descriptions to Tierr 1 design e Regulatory History of De n-related information contained 1,, the system based an escriptions and corresponding ITAAC, significant sig sign appli app Design Statement of ility of Documents, of this Statem containe in the DCD is x and, therefore, is subject to the n paragraph VIII.A of this appendix. An applicant t special backfit who references reference and comply with Tier 1, ired to incorporate by referenc II.B and IV.A.1 of this appendix.

appendix This information consists and non-system based design interface requirements, ft and significant site parameters for the d interface requirements, and site parameters b may be more but evaluation of the Tier The Tier 1 design desc facility conforms onforms wit 10 CFR 52.103(g),

103(

103(g e general than the Changes to or departure section VIII.A o sectio design. The design descriptions, paramete in Tier 1 were derived from Tier 2 para th Tier 2 information. The NRC staffs err 1 information is provided in section 14.3 of the FSER.

departures from the Tier 1 information must comply with off this appendi appendix with the approved design and applicable regulations. Under w

ppen x descriptions descr serve as commitments for the lifetime of a facility referencing the design certification. The ITAAC verifies that the as-built the Commission must find that the acceptance criteria in the ITAAC are met before authorizing operation. After the Commission has made the finding required by 10 CFR 52.103(g), the ITAAC do not constitute regulatory requirements for licensees or for renewal of the COL. However, subsequent modifications to the facility must comply with the design descriptions in the plant-specific DCD unless changes are made under the change process in section VIII of this appendix. The Tier 1 interface requirements are the most significant of the interface requirements for systems that are wholly or partially outside the scope of the standard design.

Tier 1 interface requirements were submitted in response to 10 CFR 52.47(a)(1)(vii) and must be met by the site-specific design features of a Page 6 of 15

ND-20-0244 Exemption Request: 10 CFR Part 52, Appendix D Tier 1 Plant-Specific DCD Requirements facility that references this appendix. An application that references this appendix must demonstrate that the site parameters (both Tier 1 and Tier 2) are met at the proposed site (refer to paragraph III.D of this SOC).

3.0 TECHNICAL JUSTIFICATION OF ACCEPTABILITY The underlying purpose of 10 CFR Part 52, Appendix D, is to provide for standardization of nuclear power plant design and to provide for the early resolution of safety and environmental issues in licensing proceedings regarding ng the AP1000 design. To arding address the issue of level of detail required for the NRC to meet mee its safety review me objectives, Appendix D employs a two-tier approach pproach proach and defindefines th the plant-specific Design Control Document (DCD) as containing Tierr 1 informatio ng both Tie that is approved information tha and certified by the NRC and Tier 2 information mation that is approved by the t NRC NR but not certified. Tier 1 information is to contain the following:

g:

Dra

1. Definitions and general provisions;

2. Design descriptions;

3. Inspections, tests, analyses,

4. Significant site parameters; Design descriptions, sions; alyses, and acceptance criteria (ITAAC);

arameters; and

5. Significant interface terface requirements.

irements.

ptions, site parameters, information. The VEGP 3 and sections:

arameters, and interface requirements nd 4 Tier Ti 1 Plant-Specific requirem require Specific DCD are derived from Tier 2 DC is arranged into the following ft 1.. Introdu Introduction 1 Definitions 1.1 1.2 General Provisions 1.3 Figu Figure Legend 1.4 List of Acronyms and Abbreviations

2. System Based Design Descriptions and ITAAC Base Design Descriptions and ITAAC

3. Non-system Based

4. Interface Requirements

5. Site Parameters The proposed exemption would allow SNC to no longer comply with and maintain the Tier 1 plant-specific DCD and make changes to Tier 2 information under paragraph VIII.B.5.b and c without consideration of involvement with Tier 1 information. Because it is not anticipated that additional AP1000 nuclear power plants will be licensed and complete construction in the foreseeable future, the benefits of maintaining Page 7 of 15

ND-20-0244 Exemption Request: 10 CFR Part 52, Appendix D Tier 1 Plant-Specific DCD Requirements standardization of VEGP 3 and 4 with the AP1000 design certification have been significantly reduced and create a burden instead of the intended benefit and therefore standardization is no longer needed. Because safety and environmental issues have been resolved during the AP1000 certification process and the VEGP 3 and 4 licensing process, there is no need to continue to maintain Tier 1 information. Because all ITAAC will have been completed when this exemption request will be put into effect (after the 10 CFR 52.103(g) finding and power accession testing completemplet (LC 2.D(5)(d)) for each unit), there is no need to continue to maintain ITAAC. C. T ensure changes to Tier 2 To ens design information receive prior NRC approval as appropriate, changes ch to the Tier 2 plant-specific DCD will be subject to the provisions visions of paragraphs paragraph VIII.B.5.b and paragr VIII.B.5.c.

The following paragraphs address the technical maintaining Tier 1 chnical justification for not maintain ma information for each section of the Tier 1 plant-specific ific DCD.

DCD Dra

Introduction:

Section 1.1, Definitions, defines associated ITAAC. Because specific DCD are derived Tier 2 information Definitions s that are applicable to design descriptions and efines terms ecause the design sign descriptions contained cont ormation are subject to paragraph nss related to ITAAC will not be relevant aft in the Tier 1 plant-rived from design descriptions contained in tthe Tier 2 plant-specific DCD and changess to Tier 2 information paragrap VIII.B.5.b and c and the paragra ation must be maintained in accordance with paragraph X.A.1, the underlying purpose pose of the rule to maintain information contained co after a

in Tier 1 is maintained.

the 103(g) Commission finding ft because Section General se ITAAC are only used during the constructi use 1 General Provisions, ection 1.2, addition, it is the license.

Provisions hey apply to design descriptions and ITAAC.

they guidance dance or interpretations that would s not expected that Section 1.3, Figure Le information.

w ral provisions related to ITAAC finding because ecause ITAAC are only u ITA construction phase of the project.

cribes how visions, describes ITA ho items in Tier 1 are to be interpreted as h

These provisions are consistent with be applied to interpretation of Tier 2 information.

b will not be relevant after the 103(g) Commission used during the construction phase of the project. In tha general provisions would change over the remainder of Legend, is provided for information and is not considered Tier 1 Section 1.4, List of Acronyms and Abbreviations, is provided for information and are not considered Tier 1 information.

System Based Design Descriptions and ITAAC:

System based design description information is derived from the VEGP Updated Final Safety Analysis Report (UFSAR) (VEGP 3 and 4 plant-specific DCD) and the Physical Page 8 of 15

ND-20-0244 Exemption Request: 10 CFR Part 52, Appendix D Tier 1 Plant-Specific DCD Requirements Security Plan. An exemption from complying with Tier 1 would allow SNC to make changes to Tier 2 design description information under the provisions of 10 CFR Part 52, Appendix D, paragraph B.5 and 10 CFR 50.54(p) for changes to the Physical Security Plan, which would provide assurance that matters of regulatory importance would require prior NRC approval before the change could be implemented. As a result, an underlying purpose of Tier 1 to bring changes important to the NRC for prior approval would be maintained.

System based ITAAC will be completed before the exemption reqrequest is implemented and are not required to be maintained or complied lied with after the 1 10 CFR 52.103(g)

Commission finding. Consequently, compliance ce with ITAAC will not no be a affected by this exemption request.

Non-System Based Design Descriptions ions and ITAAC:

AAC:

Dra Section 3.1, Emergency Response from commitments contained in Annex for VEGP Units 3 and by reference into the VEGP matters of regulatory could be implemented.

sions of 10 ory importance mented. As se Facilities,, design description information is derived n the SNC Standard Emergency Plan (SEP),

EGP Units 3 and subject to the provisions ency plan). The emergency plan nd 4 (emergency d 4 UFSAR. Changes to the e 0 CFR 50.54(q) which would provide ce would require prior NRC approval s a result, an underlying purpose important to the NRC for prior app ap pr

( and the SEP pla is incorporated emergency plan are assurance that before the change purpos of Tier 1 to bring changes maintained.

ior approval would be maintain ft Section VEGP n 3.2, Human Factors Engineering, elements lem NUREG-0711, NUREG complying Human Factors Engineerin Engineering, design de P 3 and 4 UFSAR, Chapter 18, Human GP Hum ors Engineering Factors Engineering. The programmatic F

ents of the human factors engineering program ements p description information is derived from derive from regulatory guidance in Engineerin Program Review Model. An exemption from mplying with Tier 1 would allow SNC to make changes to Tier 2 design description information would provide fore the change could of Tier 1 to bring Section 3.3, Buildings, co g changes important im 10 CFR Part 52, Appendix D, paragraph B.5, which ation under the provisions of 1 ovide assurance that matters approval before mat m of regulatory importance would require prior NRC be implemented. As a result, an underlying purpose to the NRC for prior approval would be maintained.

s design description information is derived from the VEGP UFSAR (VEGP 3 and 4 plant-specific DCD) and the Physical Security Plan. An exemption from complying with Tier 1 would allow SNC to make changes to Tier 2 design description information under the provisions of 10 CFR Part 52, Appendix D, paragraph B.5 and 10 CFR 50.54(p) for changes to the Physical Security Plan, which would provide assurance that matters of regulatory importance would require NRC approval before the change could be implemented. As a result, an underlying purpose of Tier 1 to bring changes important to the NRC for prior approval would be maintained.

Page 9 of 15

ND-20-0244 Exemption Request: 10 CFR Part 52, Appendix D Tier 1 Plant-Specific DCD Requirements Section 3.4, Initial Test Program, design description requires SNC to implement an initial test program which involves preoperational tests (prior to fuel load) and startup tests (during and after fuel load). Because the initial test program for VEGP Units 3 and 4 will be completed before the requested exemption will be put into effect, compliance with the initial test program requirements will not be affected by this exemption request.

Section 3.5, Radiation Monitoring, design description information orm is derived from the VEGP UFSAR (VEGP 3 and 4 plant-specific DCD). An exemption exempti x from complying with Tier 1 would allow SNC to make changes to Tier 2 design esign description descripti information under descript the provisions of 10 CFR Part 52, Appendix D, paragraph B.5, which whi w would provide assurance that matters of regulatory importance ce would require prior NRC approval ance before the change could be implemented. As a result, esult, an underlying purpose pu of Tier 1 to bring changes important to the NRC for prior rior approval val would be maintaine maintained.

Section 3.6, Reactor Coolant Pressure ssure Boundary Leak Detection, Detection Dete , design description esign des de information is derived from VEGP P 3 and 4 UFSARFSAR (VEGP 3 and 4 plant-specific plant-spe DCD),

Subsection 5.2.5, Detection of Leakage Through Reactor Coolant Pressure Pressu P Boundary.

An exemption from complying ying with Tierr 1 would allow SNC to make cchanges to Tier 2 design description information rmation under the provisions of 10 CFR C Part Pa 52, Appendix D, paragraph B.5, which ovide assurance that matters of ch would provide o regulatory importance would require prior val before the change could be implemented.

or NRC approval i As a result, an underlying purpose of Tier 1 to bring changes important to t the NRC for prior approval would be maintained.

aintained.

Section n 3.7, Design Reliability Assura Program, design description describes a Assurance Progra Designign Reliability Assurance Program (D-RAP) sign (D -RAP) that (D-R t will be performed during the detailed esign and equipment specification phase prior design pr p to initial fuel load. Because the D-RAP implementation of the requested exemption, compliance with will not be used after the implem D-RAP AP requirements will not be afaffected by this exemption request.

Interface Requirements:

Requir No Tier 1 interfaces identified for the AP1000 standard plant design.

aces were ide Site Parameters:

A comparison of the AP1000 site parameters to the VEGP units 3 and 4 site is contained in VEGP 3 and 4 UFSAR Table 2.0-201, Comparison of AP1000 DCD Site Parameters and Vogtle Electric Generating Plant Units 3 & 4 Site Characteristics. Because a deviation from the AP1000 site parameters would be considered a deviation from a design standard, it would require prior NRC approval before the deviation could be implemented. As a result, an underlying purpose of Tier 1 to bring changes important to the NRC for prior approval would be maintained.

Page 10 of 15

ND-20-0244 Exemption Request: 10 CFR Part 52, Appendix D Tier 1 Plant-Specific DCD Requirements 4.0 JUSTIFICATION FOR EXEMPTION 10 CFR 50.12, and § 52.7 state that the NRC may grant exemptions from the requirements of the regulations provided four conditions are met: 1) the exemption is authorized by law [§50.12(a)(1)]; 2) the exemption will not present an undue risk to the health and safety of the public [§50.12(a)(1)]; 3) the exemption is consistent with the common defense and security [§50.12(a)(1)]; 4) special circumstances are present

[§50.12(a)(2).

The requested exemption satisfies the criteria forr granting specific spec exemptions, as described below.

4.1 This exemption is authorized by law The NRC has authority under 10 CFR FR 52.7 and § 50.12 to grant exemptions fr from the requirements of NRC regulations. s. Specifically, 10 CFR 52.7 and § 50.12 st state that sta the NRC may grant exemptions ons from the e requirements of 10 CFR Part 5 52 upon a proper showing. No law exists that would preclude the chang changes covered cov by this exemption request. Additionally, anting of the proposed exemption ditionally, granting exemptio does not result in a violation of the Atomic Energyy Act of 1954, as amended, o or the Commissions regulations.

Accordingly, this requested ted exemption is authorized by law,la as required by 10 CFR 50.12(a)(1).

1).

4.2 This exemption will not present a an undue risk to the health and safety of the public ublic xemption from 10 CFR Part 52, Appendix D, section III.B that SNC is proposing an exemption requires compliance with Tier 1, paragraph parag VIII.B.5.a that requires departures from involve Tier 1 information receive prior NRC approval, and Tier 2 information that involv paragraph agraph X.A.2 that require requires a licensee who references the appendix to maintain the plant-specific ant--specific DCD for th ant the term of the license. The proposed exemption would permit SNC designate the plant-specific Tier 1 information as historical NC to designa designat information, no longer uupdate Tier 1 Plant-Specific DCD, nor evaluate future changes to Tier 2 plant-specific spec speci information for impact to Tier 1 information as required by paragraph VIII.B.5.a.

The proposed exemption does not introduce any new industrial, chemical, or radiological hazards that would present a public health or safety risk, nor does it modify or remove any design or operational controls or safeguards intended to mitigate any existing on-site hazards. Furthermore, the proposed exemption would not allow for a new fission product release path, result in a new fission product barrier failure mode, or create a new sequence of events that would result in fuel cladding failures. Accordingly, this proposed exemption will not endanger life or Page 11 of 15

ND-20-0244 Exemption Request: 10 CFR Part 52, Appendix D Tier 1 Plant-Specific DCD Requirements property, as it does not present an undue risk from any existing or proposed equipment or systems.

4.3 The exemption is consistent with the common defense and security The proposed exemption would permit SNC to designate plant-specific Tier 1 information as historical information, no longer update the Tier 1 plant-specific DCD, nor evaluate future changes to Tier 2 plant-specific information nform for impact to Tier 1 plant-specific information.

The proposed exemption does not make any changes to the design, design de construction, or operation of any security-related SSCs, norr does oes it change any Securi Security procedures.

S Accordingly, this proposed exemption is consistent sistent with the comm common de defense and security. Therefore, the requested exemption from the requirements of 10 CFR Part 52, Appendix D, regarding requirements equirements to plant-specific o maintain a Tierr 1 plant--specifi lant specif DCD Dra during the operating phase off a COL would not endanger common defense and security.

4.4 Special circumstances 10 CFR 50.12(a)(2) granted. Pursuant circumstances rity.

es are present nt

2) lists six special ndanger life or property special circumstances for whic uant to the regulation, it is necessary fo ces to be present request. The requested 50.12(a)(2)(ii).

esent in order for the NRC to con d exemption meets the special a)(2)(ii). That subsection defines special cir (a)(2)(ii).

spec proper or the which an exemption may be for one of these special consider granting an exemption co circumstances of 10 CFR circumstances as when Application ft of the regulation in the particular ccircumstanc paragra III.B, which requires paragraph requires quire compliance prior NRC approval, and para the appendix purpo purp standardization of nuclear n

com circumstances would not serve the underlying purpose of the rule or is not necessary tto ach Specifically, SNC is requesting an exemption ex exe achieve the underlying purpose of the rule.

from 10 CFR Part 52, Appendix D, with Tier 1, paragraph VIII.B.5.a, which Tier 2 information that involve Tier 1 information receive quires departures from Tie paragraph X.A.2, which requires a licensee who references parag endix to maintain the The underlyingng purpose th Tier 1 plant-specific DCD for the term of the license.

of 10 CFR Part 52, Appendix D, is to provide for power plant design and to provide for the early resolution of safety and environmental issues in licensing proceedings regarding the AP1000 design. Because the underlying purpose of the Tier 1 plant-specific DCD will be obviated at the end of the construction phase for each VEGP Unit (10 CFR 53.103(g) finding for each Unit) and it is not anticipated that additional nuclear power plants will be licensed and complete construction during the remaining duration of the current AP1000 design certification, the benefits of standardization will not be realized.

Page 12 of 15

ND-20-0244 Exemption Request: 10 CFR Part 52, Appendix D Tier 1 Plant-Specific DCD Requirements Therefore, special circumstances are present, as the particular circumstances discussed in this request are not necessary to achieve the underlying purpose of the rule.

5.0 RISK ASSESSMENT A risk assessment was not determined to be applicable to address the acceptability of this proposal.

6.0 PRECEDENT EXEMPTIONS None.

7.0 SIGNIFICANT HAZARDS DETERMINATION ON AND D ENVIRONMENTAL CONSIDERATIONS Dra The proposed exemption has been assessments, and has been environmental review, criteria of 10 CFR The requested maintenance R 51.22(c)(25).

25).

een evaluated Criteria for and identification off licensing and n determined 10 CFR 51.22, Criterion for categorical regulatory actions eligible d against the criteria of 10 CF nd regulatory actions requiring d exemption, which seeks to change requirements sted nce of the Tier 1 plant-specific ance plant ant-s

-specific pec requir Design Control Co req ed to meet the categorical exclu othe CFR 51.21, C

environmental en exclusion criteria of ex rical exclusion; identification of licensing and ligible for categorical exclusion or otherwise o not requiring cribed below, which evaluates tthe change against the ew, as described for compliance with and Document (DCD), does not ft make i))

e any changes to the facility or operat standards set forth in 10 CFR C

(1) Does the proposed licensing probability

Response

se:

The proposed No.

licens lice obability or consequences conseque consequ d exemption e

50.92(c) 50.92 9

procedures and:

operating proce Does not involve a significant hazards consideration c

requested exemption involved a significant sign

[10 CFR 51.22(c)(25)(i)]. The were used to determine whether the hazards consideration:

action involve a significant increase in the of an accident previously evaluated?

from the requirements of 10 CFR Part 52, Appendix D, paragraph III.B that requires compliance with Tier 1, paragraph VIII.B.5.a that requires departures from Tier 2 information that involve Tier 1 information receive prior NRC approval, and paragraph X.A.2 that requires a licensee who references the appendix to maintain the Tier 1 plant-specific Design Control Document (DCD) for the term of the license does not alter the design, function, or operation of any plant equipment.

Therefore, granting this exemption would not involve a significant increase in the probability or consequences of an accident previously evaluated.

Page 13 of 15

ND-20-0244 Exemption Request: 10 CFR Part 52, Appendix D Tier 1 Plant-Specific DCD Requirements (2) Does the proposed licensing action create the possibility of a new or different kind of accident from any accident previously evaluated?

Response: No.

The requested exemption does not alter the design, function, or operation of any plant equipment. The requested exemption does not create any new failure mechanisms, malfunctions, or accident initiators.

po Therefore, granting this exemption does not create the possibility of a new or different kind of accident from any accidentt previously evaluated.

evalua evaluated (3) Does the proposed licensing action on involve a significan reduction in a significant red margin of safety?

Response: No.

Dra The requested exemption function. Maintenance related to or used considered in not exceed Therefore, on does nott affect a structure, system, (SSC), SSC design function, ance of the Tier 1 plant-specific sed to establish d or alter a design sy co or component unction, or method of performing or controlling contro plant--specific DCD requirements plant requ sh the design bases of an SSC nor are they n the safety analyses. Furthermore, the requested esign basis or safety safet limit.

efore, granting this exemption does not invo margin rgin of safety.

argin requ req a design are not exemption does involve a significant reduction in a ft Therefore, herefore, it is concluded that the prop hazards ii) Does not involve a significan amounts ounts of any effluents that may requested sted exemption does not equipment.

nt. There are no non-radiological gical effluent proposed e hazards consideration under the standards standa stand exemption does not involve a significant accordingly, a finding of no significant hazards significant change ch h

set forth in 10 CFR 50.92(c), and consideration is justified.

in the types or significant increase in the m be released offsite [10 CFR 51.22(c)(25)(ii)]. The n alter the design, function, or operation of any plant n changes to effluent types, plant radiological or effluen release quantities, any effluent release path, or the functionality of any design or operational features credited with controlling the release of effluents nts during plant operation or construction.

Therefore, it is concluded that the proposed exemption does not involve a significant change in the types or significant increase in the amounts of any effluents that may be released offsite.

iii) Does not involve a significant increase in individual or cumulative public or occupational radiation exposure [10 CFR 51.22(c)(25)(iii)]. There are no changes to plant radiation zones, nor any change to controls required under 10 CFR Part 20 which preclude a significant increase in occupational radiation exposure.

Page 14 of 15

ND-20-0244 Exemption Request: 10 CFR Part 52, Appendix D Tier 1 Plant-Specific DCD Requirements Therefore, it is concluded that the proposed exemption does not involve a significant increase in individual or cumulative public or occupational radiation exposure.

iv) Does not involve a significant construction impact [10 CFR 51.22(c)(25)(iv)]. The requested exemption does not alter the materials or methods of constructing or testing of any SSCs. No change to the construction of the facility is being made as a result of this exemption.

Therefore, it is concluded that the proposed exemption n does not involve a significant ion construction impact.

v) Does not involve a significant increase in the he potential for or consequences cons from radiological accidents [10 CFR 51.22(c)(25)(v)].

25)(v)] exemption v)].. The requested e exempt does not alter the design, function, or operation on of any plant equipment. The There are no changes to plant radiation zones, nor any change to controls required under 10 CFR Part 20 which preclude a significantt increase in occupational ra radiation Dra exposure.

Therefore, it is concluded that the proposed increase in the potentiall for or consequences vi) Involves requirements ents of an administrative 1 plant-specificc DCD and

[10 CFR 51.22(c)(25)(vi)(I)].

dministrat nature natur related elated to ma nd reporting Tier 1 plant 22(c)(25)(vi)((I)].

Accordingly,, the ant--spec he proposed exemption meets the eligibility exclusion set forth in 10 CFR 51.22(c)(25). Therefore, eli spe iinvolve a significant posed exemption does not involv accidents.

equences from radiological accid maintenance of the Tier plant-specific DCD departures.

criteria for categorical Therefore pursuant to 10 CFR 51.22(b), no Therefor 8.0 ft environmental nmental impact statement or env onmental connection CONCLUSION CONCL The requested equested exemption would permit as historical ical information future changes info ges to Tier The exemption document change and environmental assessment need be prepared in environmenta nection with the issuance of this exemption.

nnection exempti perm SNC to designate the Tier 1 plant-specific DCD d no longer lon l

T r 2 plant-specific plant lant-s update the Tier 1 plant-specific DCD nor evaluate DCD information for impact to Tier 1 information.

n is necessary to allow SNC to effectively and efficiently integrate licensing e processes process with existing SNC operating reactor change processes.

proces The exemption request meets the requirements of 10 CFR 52.7, Specific Exemptions, and § 50.12, Specific Exemptions, in that the requested exemption is authorized by law, the exemption will not present an undue risk to the health and safety of the public, the exemption is consistent with the common defense and security; and special circumstances are present.

9.0 REFERENCES

None Page 15 of 15