ML24102A265

– Exemption Request Regarding Final Safety Analysis Report Update Schedule (EPID L-2024-LLE-0013) - Exemption

ML24102A265
Person / Time
Site:	Vogtle
Issue date:	09/09/2024
From:	Pelton J Division of Operating Reactor Licensing
To:
Shared Package
ML24102A267	List: ML24102A264 ML24102A265 ML24102A266
References
EPID L-2024-LLE-0013
Download: ML24102A265 (1)

Text

NUCLEAR REGULATORY COMMISSION

Docket Nos.52-025 and 52-026

Southern Nuclear Operating Company

Vogtle Electric Generating Plant, Units 3 and 4

Exemptions

I. Background.

Southern Nuclear Operating Company (SNC, the licensee) is the holder of

Combined License Nos. NPF-91 and NPF-92 for the Vogtle Electric Generating Plant

(Vogtle), Units 3 and 4, respectively. The licenses provide, among other things, that the

licensee is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory

Commission (NRC, the Commission) now or her eafter in effect. These facilities consist

of two pressurized-water reactors located at the licensees site in Burke County,

Georgia, respectively.

II. Request/Action.

In accordance with section 50.71 of title 10 of the Code of Federal Regulations

(10 CFR), Maintenance of records, making of reports, paragraph (e)(4) states, in part,

that Subsequent revisions [to the Updated Final Safety Analysis Report (UFSAR)

submitted as part of the original license application] must be filed annually or 6 months

after each refueling outage provided the interval between successive updates [to the

UFSAR] does not exceed 24 months. The regulation at Appendix D to 10 CFR part 52,

Section X.B.2, regarding Final Safety Analysis Report (FSAR) updates, requires that,

An applicant or licensee who references th is appendix shall submit updates to its DCD

[design control document], which reflect the generic changes to and plant-specific

departures from the generic DCD made under Section VIII [Processes for Changes and

Departures] of this appendix. These updates must be filed under the filing requirements

applicable to final safety analysis report updates in 10 CFR 52.3 and 50.71(e). The

regulation at Appendix D to 10 CFR part 52,Section X.B.3.c, requires that, After the

Commission makes the finding required by 10 CFR 52.103(g), the reports and updates

to the plant-specific DCD must be submitted, along with updates to the site-specific

portion of the final safety analysis report for the facility, at the intervals required by 10

CFR 50.59(d)(2) and 50.71(e)(4), respectively, or at shorter intervals as specified in the

license.

By letter dated March 22, 2024 (Agencywide Documents Access and

Management System (ADAMS) Accession No. ML24085A711), as supplemented by

letter dated August 14, 2024 (ML24227A595), SNC requested that the due date for

submittal of the Vogtle, Units 3 and 4, UFSAR be by June 30 of every odd-numbered

year, provided the interval between successive updates does not exceed 24 months.

III. Discussion.

Pursuant to 10 CFR 50.12, Specific exemptions, the NRC may, upon application by

any interested person or upon its own initiative, grant exemptions from the requirements

of 10 CFR part 50, Domestic Licensing of Pr oduction and Utilization Facilities, including

10 CFR 50.71(e)(4) 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. Under 10 CFR 50.12(a)(2),

special circumstances include, among other things, whenever application of the

regulation in the particular circumstances would not serve, or is not necessary to

2 achieve, the underlying purpose of the rule. The regulation at 10 CFR 52.7 indicates

consideration of requests for exemption from requirements of the regulations of other

parts in 10 CFR, which are applicable by virtue of 10 CFR part 52, shall be governed by

the exemption requirements of those parts. Here, the exemption requested from 10

CFR part 50 is applicable by virtue of Appendix D to 10 CFR part 52, Appendix D,

Sections X.B.2 and X.B.3.c, which incorporates the requirements of 10 CFR 50.71(e).

Therefore, the Commissions consideration of requests for exemptions from the

regulations in part 52 will be governed by 10 CFR 50.12.

A. Exemptions are Authorized by Law

The regulation at 10 CFR 50.71(e)(4) requires revisions to UFSARs to be filed

annually or 6 months after each refueling outage, provided the interval between

successive updates does not exceed 24 months. 1 The underlying purpose of the

regulation is to ensure that the licensee periodically updates its UFSAR so that the

UFSAR remains up-to-date and accurately reflects the plant design and operation. The

proposed exemption would change the current UFSAR submittal schedule for Vogtle,

Units 3 and 4, to a calendar-based schedule that would not exceed the maximum 24

months between successive updates as required by 10 CFR 50.71(e)(4). Submitting the

UFSAR updates for Vogtle, Units 3 and 4, as proposed by June 30 of the odd year

continues to meet the intent of the regulation and maintaining UFSAR information up to

date. The NRC staff has determined that granting the licensees proposed exemptions

1 Appendix D to 10 CFR part 52, Sections X.B.2 and X.B.3.c require submissions of USFAR at intervals required by 10 CFR 50.71.

3 will not result in a violation of the Atomic Energy Act of 1954, as amended, or the

Commissions regulations. Therefore, these exemptions are authorized by law.

B. The Exemptions Present No Undue Risk to Public Health and Safety

The underlying purpose of 10 CFR 50.71(e)(4) is to ensure that licensees

periodically update their UFSARs so that the UFSARs remain up-to-date and accurately

reflect the plant design and operation. The NRC has determined by rule that an update

frequency not exceeding 24 months between successive updates is acceptable for

maintaining up-to-date UFSAR content. While the regulation requires, in part, that

UFSAR updates be submitted annually or 6 months after each refueling outage, it

allows the submission of such updates on a different schedule, provided the interval

between successive updates does not exceed 24 months. The requested exemptions

also meet the underlying purpose of the rule for regulatory burden reduction.

Additionally, based on the nature of the requested exemption and the requirement that

updates will not exceed 24 months from the last submittal as described in this notice, no

new accident precursors are created by the exemption; therefore, neither the probability

nor the consequences of postulated accidents are increased. In conclusion, the

requested exemptions do not result in any undue risk to the public health and safety.

C. The Exemptions are Consistent with the Common Defense and Security

The requested exemptions from 10 CFR 50.71(e)(4) and Appendix D to 10 CFR

part 52, Sections X.B.2 and X.B.3.c, would allow SNC to submit its periodic updates to

the Vogtle, Units 3 and 4, UFSAR by June of odd-numbered years, not to exceed 24

months from the last submittal. Neither the regulation nor the proposed exemption has

4 any relation to security issues. Therefore, the common defense and security is not

impacted by the exemption.

D. Special Circumstances

Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii), are present

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 rule is to ensure that an updated FSAR will be

available to be used in subsequent reviews or activities concerning that facility

performed by the licensee, the Commission, and other interested parties - with the

original reporting requirement set such that subsequent revisions shall be filed no less

frequently than annually. (45 FR 30614; May 9, 1980). The rule change promulgated in

August 1992 (57 FR 39358; August 31, 1992) was intended to provide a reduction in

regulatory burden by providing licensees with the option to submit FSAR updates once

per refueling outage, not to exceed 24 months between successive updates, instead of

annually. The rule change promulgated in 1992 provided the second option to submit

the FSAR updates on a frequency not to exceed 24 months, tied to the refueling cycle

upon the basis that the majority of the facility design changes are affected during the

refueling outage and, therefore, the use of the refueling cycle provides for a current plant

status document that is coordinated with plant changes. Currently, Vogtle, Units 3 and

4, submit a combined UFSAR for each site every 18 months, not to exceed 24 months

from the last submittal.

SNC stated in the letter dated August 14, 2024:

With respect to decoupling the reporting frequency from refueling outages as discussed in the statements of consideration, in order to reduce outage time, the majority of facility design changes are no longer implemented during refueling outages, separating the implementation of 5

the majority of facility design changes from refueling outages. Thus, associating the updates with a refueling outage is no longer necessary to meet the underlying purpose of the regulation, and providing updates on a periodic basis will continue to provide the updated information to the NRC on a timely basis. Therefore, the application of the regulation is not necessary to achieve the underlying purpose of the rule.

Tying the processing and submittal of the UFSAR to the refueling cycle is not

necessary to achieve the underlying purpose of the rule because the majority of the

facility design changes are not implemented during refueling outages. Therefore, as the

licensee will be providing updated FSARs on a periodic, timely basis, consistent with the

maximum 24-month interval between submittals as required by the regulation, the

underlying purpose of the rule will still be met, which is to ensure that an updated FSAR

will be available for use in subsequent reviews or activities concerning Vogtle Units 3

and 4. Therefore, special circumstances exist under 10 CFR 50.12(a)(2)(ii) in that

application of the requirements in these particular circumstances are not necessary to

achieve the underlying purpose of the rule. Pursuant to 10 CFR 52.7, the Commissions

consideration of the request for exemptions from Appendix D to 10 CFR part 52,

Sections X.B.2 and X.B.3.c. are governed by the exemption requirements of 10 CFR

part 50, and as special circumstances are present for the exemption for 10 CFR

50.71(e), special circumstances are also present for the exemptions from Appendix D to

10 CFR part 52, Sections X.B.2 and X.B.3.c.

E. Environmental Considerations

With respect to the impact of the exemptions on the quality of the human

environment, the NRC has determined that the issuance of the exemptions discussed

herein meets the eligibility criteria for categorical exclusion from the requirement to

6 prepare an environmental assessment or environmental impact statement, set forth in

10 CFR 51.22(c)(25).

Under 10 CFR 51.22(c)(25), the granting of an exemption from the requirements

of any regulation of 10 CFR chapter I (which includes 10 CFR 50.71(e)(4), and Appendix

D to 10 CFR part 52, Sections X.B.2, and X.B.3.c) is an action that is a categorical

exclusion, provided that certain specified criteria are met. The basis for NRCs

determination is provided in the following evaluation of the requirements in 10 CFR

51.22(c)(25)(i)-(vi).

Requirements in 10 CFR 51.22(c)(25)(i):

To qualify for a categorical exclusion under 10 CFR 51.22(c)(25)(i), the

exemption must involve no significant hazards consideration. The criteria for

determining whether an action involves a significant hazards consideration are found in

10 CFR 50.92. The proposed action involves only a schedule change regarding the

submission of an update to the UFSAR. As set forth in that regulation, there are no

significant hazard considerations because granting the exemptions would not: (1) involve

a significant increase in the probability or consequences of an accident previously

evaluated; or (2) create the possibility of a new or different kind of accident from any

accident previously evaluated; or (3) involve a significant reduction in a margin of safety.

Requirements in 10 CFR 51.22(c)(25)(ii):

There is no significant change in the types or significant increase in the amounts

of any effluents that may be released offsite. The proposed action involves only a

schedule change, which is administrative in nature, and does not involve any changes in

the types or increase in the amounts of any effluents that may be released offsite.

7 Requirements in 10 CFR 51.22(c)(25)(iii):

There is no significant increase in individual or cumulative public or occupational

radiation exposure. Since the proposed action involves only a schedule change, which

is administrative in nature, it does not contribute to any significant increase in individual

or cumulative public or occupational radiation exposures.

Requirements in 10 CFR 51.22(c)(25)(iv):

There is no significant construction impact. Since the proposed action involves

only a schedule change related to the timing for submittal of UFSAR updates, which is

administrative in nature, it does not involve any construction impact.

Requirements in 10 CFR 51.22(c)(25)(v):

There is no significant increase in the potential for or consequences from

radiological accidents. The proposed action involves only a schedule change related to

the timing for submittal of UFSAR updates, which is administrative in nature and does

not impact the potential for or consequences from radiological accidents.

Requirements in 10 CFR 51.22(c)(25)(vi):

The requirements from which the exempti on is sought involve recordkeeping,

reporting, scheduling, or other requirements of an administrative, managerial, or

organizational nature. The proposed action involves recordkeeping, reporting, and

scheduling requirements, and other requirements of an administrative, managerial, or

organizational nature because it is associated with the schedule for submittal of UFSAR

8 updates pursuant to 10 CFR 50.71(e)(4) and meets that regulations requirement that

the interval between successive updates does not exceed 24 months.

Based on the previously noted requirement s, the NRC staff concludes that the

proposed exemptions meet the eligibility criteria for the categorical exclusion set forth in

10 CFR 51.22(c)(25). Therefore, in accordance with 10 CFR 51.22(b), no environmental

impact statement or environmental assessment need be prepared in connection with the

NRCs issuance of these exemptions.

IV. Conclusions.

Accordingly, the Commission has determined that, pursuant to 10 CFR part

50.12, the requested exemptions are authorized by law, will not present an undue risk to

public health and safety, and are consistent with the common defense and security.

Also, special circumstances, pursuant to 10 CFR 50.12(a)(2)(ii), are present. Therefore,

the NRC hereby grants SNC exemptions from the requirements of 10 CFR 50.71(e)(4)

and 10 CFR part 52, Appendix D, Sections X.B.2 and X.B.3.c to allow SNC to file its

periodic updates to the Vogtle, Units 3 and 4, UFSAR by June 30 of odd-numbered

years, not to exceed 24 months from the last submittal.

The exemptions are effective upon issuance.

Dated: September 9, 2024

For the Nuclear Regulatory Commission.

Jamie Pelton, Deputy Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.

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