ML23279A004

Amendment No. 194 to Remove Combined License Appendix C

ML23279A004
Person / Time
Site:	Vogtle
Issue date:	01/17/2024
From:	Gleaves W Licensing Processes Branch, NRC/NRR/VPOB
To:	Coleman J Southern Nuclear Operating Co
Gleaves W
References
EPID L 2023-LLA-0123
Download: ML23279A004 (20)

Text

January 17, 2024

Ms. Jamie M. Coleman Regulatory Affairs Director Southern Nuclear Operating Company, Inc.

3535 Colonnade Parkway Birmingham, AL 35243

SUBJECT:

VOGTLE ELECTRIC GENERATING PLANT, UNIT 4 ISSUANCE OF AMENDMENT NO. 194 TO REMOVE COMBINED LICENSE APPENDIX C (EPID L-2023-LLA-0123)

Dear Ms. Coleman:

In response to your application dated August 28, 2023 (NL-23-0666), the U.S. Nuclear Regulatory Commission (NRC) has issued the enclosed Amendment No. 194 to Combined License (COL) No. NPF-92 for Vogtle Electric Generating Plant, Unit 4. The amendment removes Appendix C, Vogtle Electric Generating Plant Unit 4 Inspections, Tests, Analyses, and Acceptance Criteria, in its entirety from the COL along with specific references to Appendix C within the COL.

A copy of the related Safety Evaluation, which includes the staffs evaluation of the changes, is enclosed. A notice of issuance associated with the amendment will be published in the Federal Register.

In accordance with Title 10 of the Code of Federal Regulations, Part 2, Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the Public Document Room or from the Publicly Available Records component of the NRCs Agencywide Documents Access and Management S ystem (ADAMS). ADAMS is accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html.

Sincerely,

/RA/

William (Billy) Gleaves, Senior Project Manager Vogtle Project Office Office of Nuclear Reactor Regulation

Docket No.: 52-026

Enclosures:

1. Amendment No. 194 to Unit 4 COL

2. Safety Evaluation

cc: Listserv 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

DOC KET N O.52-026

AMENDMENT TO FACILITY COMBINED LICENSE Amendment No. 194 License No. NPF-92

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by Southern Nuclear Operating Company (SNC),

dated August 28, 2023, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act) and the Commissions regulations set forth in 10 CFR Chapter I;

B. The facility will be constructed and will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission;

C. There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commissions regulations;

D. The issuance of this amendment will not be inimical to the common defense and security or the health and safety of the public; and

E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commissions regulations, and all applicable requirements have been satisfied.

Enclosure 1

2. Accordingly, the license is amended by removing the contents of Appendix C, Inspections, Tests, Analyses, and Acceptance Criteria, License Condition 2.D.(2)(d) and License Condition 2.D.(3)(b) from the facility Combined License as indicated in the attachment to this license amendment. Paragraph 2.D(8) of facility Combined License No. NPF-92 is hereby amended to read as follows:

(8) Incorporation

The Technical Specifications and Environmental Protection Plan in Appendices A and B, respectively, of this license, as revised through Amendment No. 194, are hereby incorporated into this license.

3. This license amendment is effective as of the date of its issuance and shall be implemented within 30 days of the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

Michael T. Markley, Chief Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Pages 5 and 7 of the facility Combined License and affected pages of Appendix C of the fac ility Combined License

Date of Issuance: January 17, 2024

ATTACHMENT

VOGTLE ELECTRIC GENERATING PLANT, UNIT 4

TO LICENSE AMENDMENT NO. 194

TO FACILITY COMBINED LICENSE NO. NPF-92

DOC KET N O.52-026

Replace the following pages of the facility Combined License No. NPF-92 with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Facility Combined License No. NPF-92

REMOVE INSERT

5 5

7 7

Appendix C to Facility Combined License No. NPF-92

REMOVE INSERT

C-1 C-1

C-2 through C-494 -----

(c) SNC shall notify the Director of NRO, or the Directors designee, in writing, upon successful completion of the design-specific pre-operational tests identified in Section 2.D.(2)(a) of this license; and

(d) (Removed by Amendment No. 194)

(3) Nuclear Fuel Loading and Pre-critical Testing

(a) Until the submission of the notification required by Section 2.D.(2)(c) of this license, SNC shall not load fuel into the reactor vessel;

(b) (Removed by Amendment No. 194)

(c) SNC shall perform the pre-critical tests identified in UFSAR Section 14.2.10.1;

(d) SNC shall review and evaluate the results of the tests identified in Section 2.D.(3)(c) of this license and confirm that these test results are within the range of acceptable values predicted or otherwise confirm that the tested systems perform their specified functions in accordance with UFSAR Section 14.2.10; and

(e) SNC shall notify the Director of NRO, or the Directors designee, in writing, upon successful completion of the pre-critical tests identified in Section 2.D.(3)(c) of this license.

(4) Initial Criticality and Low-Power Testing

(a) Upon submission of the notification required by Section 2.D.(3)(e) of this license, SNC is authorized to operate the facility at reactor steady-state core power levels not to exceed 5-percent thermal power in accordance with the conditions specified herein;

(b) SNC shall perform the initial criticality and low-power tests identified in UFSAR Sections 14.2.10.2 and 14.2.10.3, respectively;

5 Amendment No. 194 (7) Reporting Requirements

(a) Within 30 days of a change to the initial test program described in UFSAR Section 14, Initial Test Program, made in accordance with 10 CFR 50.59 or in accordance with 10 CFR Part 52, Appendix D, Section VIII, Processes for Changes and Departures, SNC shall report the change to the Director of NRO, or the Directors designee, in accordance with 10 CFR 50.59(d).

(b) SNC shall report any violation of a requirement in Section 2.D.(3),

Section 2.D.(4), Section 2.D.(5), and Section 2.D.(6) of this license within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. Initial notification shall be made to the NRC Operations Center in accordance with 10 CFR 50.72, with written follow up in accordance with 10 CFR 50.73.

(8) Incorporation

The Technical Specifications and Environmental Protection Plan in Appendices A and B, respectively, of this license, as revised through Amendment No. 194, are hereby incorporated into this license.

(9) Technical Specifications

The technical specifications in Appendix A to this license become effective upon a Commission finding that the acceptance criteria in this license (ITAAC) are met in accordance with 10 CFR 52.103(g) with the following exceptions:

(a) Prior to initial criticality of the reactor core while operating in plant operational Mode 5 (Cold Shutdown) or Mode 6 (Refueling) the following TS are temporarily excluded from becoming effective:

TS 3.3.8, Engineered Safety Feature Actuation System (ESFAS)

Instrumentation, Table 3.3.8-1 o Function 14, RCS Wide Range Pressure - Low o Function 15, Core Makeup Tank (CMT) Level - Low 3 o Function 16, CMT Level - Low 6 o Function 18, IRWST Lower Narrow Range Level - Low 3 TS 3.3.9, Engineered Safety Feature Actuation System (ESFAS)

Manual Initiation, Table 3.3.9-1 o Function 1, Safeguards Actuation - Manual Initiation o Function 6, ADS Stages 1, 2 & 3 Actuation - Manual Initiation o Function 7, ADS Stage 4 Actuation - Manual Initiation o Function 8, Passive Containment Cooling Actuation - Manual Initiation o Function 9, Passive Residual Heat Removal Heat Exchanger Actuation - Manual Initiation

7 Amendment No. 194 APPENDIX C

VOGTLE ELECTRIC GENERATING PLANT UNIT 4

INSPECTIONS, TESTS, ANALYSES, AND ACCEPTANCE CRITERIA

(Removed by Amendment No. 194)

C-1 Amendment No. 194 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION

RELATED TO AMENDMENT NO. 194

TO THE COMBINED LICENSE NO. NPF-92

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

DOC KET N O.52-026

1.0 INTRODUCTION

By letter (NL-23-0666) dated August 28, 2023 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23240A706), Southern Nuclear Operating Company (the licensee or SNC) requested that the Nuclear Regulatory Commission (NRC) amend Vogtle Electric Generating Plant (VEGP), Unit 4, Combined License (COL)

Number NPF-92. The requested amendment proposed to remove Appendix C (Inspections, Tests, Analyses, and Acceptance Criteria or ITAAC) in its entirety from the COL along with specific references to Appendix C within license conditions contained in the COL.

Enclosure 2

2.0 REGULATORY EVALUATION

The staff considered the following regulatory requirements in reviewing the LAR:

The regulations in Title 10 of the Code of Federal Regulations (10 CFR) 52.80, Contents of applications; additional technical information, state, in part, that, (a) The proposed inspections, tests, and analyses, including those applicable to emergency planning that are necessary and sufficient to provide reasonable assurance that, if the inspections, tests, and analyses are performed and the acceptance criteria met, the facility has been constructed and will be operated in conformity with the combined license, the provisions of the Act [Atomic Energy Act of 1954, as amended], and the Commissions rules and regulations, and that (1) I f the application references an early site permit with ITAAC, the early site permit ITAAC must apply to those aspects of the combined license which are approved in the early site permit, and (2) If the application references a standard design certification, the ITAAC contained in the certified design must apply to those portions of the facility design which are approved in the design certification.

The regulations in 10 CFR 52.97, Issuance of combined licenses, states, in part, that, (b) The Commission shall identify within the combined license the inspections, tests, and analyses, including those applicable to emergency planning, that the licensee shall perform, and the acceptance criteria that, if met, are necessary and sufficient to provide reasonable assurance that the facility has been constructed and will be operated in conformity with the license, the provisions of the Act, and the Commissions rules and regulations.

The regulations in 10 CFR 52.98, Finality of combined licenses; information requests, states, in part, that, (f) 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, and analyses or related acceptance criteria contained in the license is a proposed amendment to the license.

The regulations in 10 CFR 52.103, Operation under a combined license, states, in part, that, (h) After the Commission has made the finding [in paragraph (g) of this section, the ITAAC do not, by virtue of their inclusion in the combined license, constitute regulatory requirements; except for the specific ITAAC for which the Commission has granted a hearing under paragraph (a) of this section, all ITAAC expire upon final Commission action in the proceeding.

The regulations in 10 CFR Part 52, Appendix D, Section IX.B.3 state in part, that, After the Commission has made the finding required by 10 CFR 52.103(g), the ITAAC do not, by virtue of their inclusion within the DCD, constitute regulatory requirements either for licensees or for renewal of the license; except for specific ITAAC, which are the subject of a § 52.103(a) hearing, their expiration will occur upon final Commission action in such a proceeding.

3.1 DESCRIPTION

OF PROPOSED CHANGES TO COMBINED LICENSE

The requested amendment proposes the removal of the contents of Appendix C, Vogtle Electric Generating Plant Unit 4 Inspections, Tests, Analyses, and Acceptance Criteria, from

the VEGP Unit 4 COL (pages C2 to C494). In addition, the requested amendment proposes the deletion of license conditions 2.D(2)(d) and 2.D(3)(b) that reference Appendix C as shown below (text proposed to be removed is in strikeout and added text is underline). The staff notes that the designation of ### in the license amendment request was intended as a placeholder for the designated license amendment number to be inserted if the amendment request was approved.

2.D.(2)(d) (Removed by Amendment No. ###) SNC shall notify the Director of NRO, or the Directors designee, in writing, upon the successful completion of all the ITAAC included in Appendix C to this license.

2.D.(3)(b) (Removed by Amendment No. ###) Upon submission of the notification required by Section 2.D.(2)(c) of this license and upon a Commission finding in accordance with 10 CFR 52.103(g) that all the acceptance criteria in the ITAAC in Appendix C to this license are met, SNC is authorized to perform pre-critical tests in accordance with the conditions specified herein;

The requested amendment also proposes the revision shown below to license condition 2.D.(8) to remove the reference to Appendix C of the COL (text proposed to be removed is in strikeout and added text is underlined):

The Technical Specifications and Environmental Protection Plan, and ITAAC in Appendices A, B, and C, A and B, respectively, of this license, as revised through Amendment No. ###, are hereby incorporated into this license.

Finally, the requested amendment proposes to delete COL Appendix C pages C-2 through C-492 and revise page C-1 to read:

APPENDIX C

VOGTLE ELECTRIC GENERATING PLANT UNIT 4

INSPECTIONS, TESTS, ANALYSES, AND ACCEPTANCE CRITERIA

(Removed by Amendment No. XXX)

3.2 TECHNICAL EVALUATION

OF THE REQUESTED CHANGES

On August 26, 2009, the NRC issued the VEGP early site permit (ESP-004) for two nuclear power units adjacent to the existing VEGP Units 1 and 2 (ML092290157). The NRC updated the AP1000 design certification rule to incorporate Revision 19 of the AP1000 Design Control Document (DCD) on December 30, 2011 (ML11171A500). On February 10, 2012, the NRC issued the VEGP Unit 4 COL referencing Appendix D to 10 CFR Part 52, Design Certification Rule for the AP1000 Design.

The Commission included a comprehensive set of ITAAC in Appendix C of the VEGP Unit 4 COL (ML14100A135) to satisfy the requirement in 10 CFR 52.97(b).

This set of ITAAC included (1) the site-specific ITAAC required per 10 CFR 52.80(a); (2) the early site permit (ESP) ITAAC required by 10 CFR 52.24(a)(5) and included in the COL application pursuant to 10 CFR 52.80(a)(1);

and (3) the AP1000 standard design certification (Tier 1) ITAAC required by 10 CFR 52.54(a)(5) and included in the COL application pursuant to 10 CFR 50.80(a)(2).

In addition to the ITAAC, information associated with completing the ITAAC was also included in COL Appendix C. This associated information included the Tier 1 definitions, general provisions, figure legend, list of acronyms and abbreviations, design descriptions, and supporting tables and figures as supplemented with the relevant site-specific information.

On July 20, 2023, SNC provided, for Unit 4, the All ITAAC Complete notification to the NRC required by 10 CFR 52.99(c)(4) and COL condition 2.D.(2)(d). The NRC staff determined that all the acceptance criteria in COL NPF-92, Appendix C, Vogtle Electric Generating Plant Unit 4 Inspections, Tests, Analyses, and Acceptance Criteria, were met (ML22348A088). Therefore, on July 28, 2023, the NRC made a finding under 10 CFR 52.103(g) that all acceptance criteria are met; as a consequence of this finding, SNC is allowed to operate VEGP Unit 4 in accordance with the terms and conditions of its COL (including fuel load and power ascension testing) (ML22348A093).

Both 10 CFR 52.103(h) and 10 CFR Part 52, Appendix D, IX.B.3 state that after the Commission has made the 10 CFR 52.103(g) finding, ITAAC do not constitute regulatory requirements. The NRC staff notes that 10 CFR Part 52, Appendix D, Section X.A.2 requires the licensee to continue to maintain plant-specific Tier 1 information for the entire license term regardless of whether the Tier 1 information is included in the license. Also, the Tier 1 change processes in 10 CFR Part 52, Appendix D, Section VIII.A.4 continue to apply to plant-specific departures from such Tier 1 information (other than ITAAC) whether or not that Tier 1 information is included in the license.

The NRC staff finds the proposed deletion of the COL Appendix C (with the exception of page C-1 as discussed above) and the proposed revisions to license conditions 2.D.(2)(d),

2.D.(3)(b), and 2.D.(8) acceptable based on the following:

The staff made its 10 CFR 52.103(g) finding for VEGP Unit 4 on July 28, 2023.

The regulations in 10 CFR 52.103(h) and 10 CFR Part 52, Appendix D, IX.B.3 state that ITAAC are no longer requirements following the 10 CFR 52.103(g) finding.

No ITAAC listed in Appendix C to COL NPF-92 are the subject of a § 52.103(a) hearing. Thus, all VEGP Unit 4 ITAAC expired upon the making of the 10 CFR 52.103(g) finding.

The ITAAC tables and associated information in COL Appendix C may be deleted from Appendix C. However, Tier 1 information other than ITAAC that is deleted from Appendix C must be maintained by SNC and is still subject to the Tier 1 change process, as described above.

License condition 2.D.(2)(d) was successfully met by letter dated July 20, 2023 (ML23201A266).

License condition 2.D.(3)(b) was successfully met by letters dated February 17, 2020 (ML20048A055) and July 28, 2023 (ML22348A093).

License condition 2.D.(8) is revised to remove reference to deleted Appendix C of the COL.

The NRC staff concludes that modification of the license conditions and removal of Appendix C, are editorial in nature, as the VEGP Unit 4 ITAAC have expired and are no longer requirements for the licensee. Accordingly, the proposed license condition changes and the removal of Appendix C and the expired ITAAC are acceptable.

4.0 STATE CONSULTATION

In accordance with the Commissions regulations in 10 CFR 50.91(b), the Georgia State official was notified of the proposed issuance of the amendments on October 31, 2023. On November 1, 2023, the State Official confirmed that the State of Georgia had no comment.

5.0 ENVIRONMENTAL CONSIDERATION

The amendment changes a requirement with respect to installation or use of a facility component located within the restricted area as defined in 10 CFR Part 20. The NRC 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 amendments involve no significant hazards consideration, and there has been no public comment on such finding published in the Federal Register on September 5, 2023 (88 FR 80721). 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 need be prepared in connection with the issuance of the amendment.

6.0 CONCLUSION

The Commission has concluded, based on the considerations discussed above, that: (1) there is reasonable assurance that 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.

Principal Contributors: William (Billy) Gleaves, VPO Cayetano Santos Jr., VPO Chris Welch, VPO Andrea Johnson, NRR

D a t e : January 17, 2024

ML23279A004 NRO-002 OFFICE NRR/VPO/PM NRR/VPO/LA NRR/VPO/PM OGC - NLO NRR/DORL/LPL2-1 NAME AJohnson RButler (KGoldstein for) BGleaves BVaisey MMarkley DATE 11/30/2023 01/17/2024 12/06/2023 12/04/2023 01/17/2024