ML24102A266
| ML24102A266 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 09/11/2024 |
| From: | John Lamb NRC/NRR/DORL/LPL2-1 |
| To: | |
| Shared Package | |
| ML24102A267 | List: |
| References | |
| EPID L-2024-LLE-0013, NRC-2024-0155, 89 FR 75593 | |
| Download: ML24102A266 (11) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket Nos.52-025 and 52-026; NRC-2024-0155]
Southern Nuclear Operating Company;
Vogtle Electric Generating Plant, Units 3 and 4;
Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is granting an exemption
in response to a request dated March 22, 2024, as supplemented by letter dated August
14, 2024, from Southern Nuclear Operating Company, Inc. (SNC, the licensee), seeking
an exemption from specific regulations that require periodic updates of the Vogtle
Electric Generating Plant, Units 3 and 4, Updated Final Safety Analysis Reports.
DATES: The exemption was issued on September 9, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0155 when contacting the NRC
about the availability of information regar ding this document. You may obtain publicly
available information related to this document using any of the following methods:
- Federal Rulemaking Website: Go to https://www.regulations.gov and
search for Docket ID NRC-2024-0155. Address questions about Docket IDs in
Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:
Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the
For Further Information Contact section of this document.
- NRCs Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the ADAMS Public
Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please
contact the NRCs Public Document Room (P DR) reference staff at 1-800-397-4209, at
301-415-4737, or by email to PDR.Resource@nrc.gov. The SNC exemption request
dated March 22, 2024, and the supplemental letter dated August 14, 2024, are available
in ADAMS under Accession Nos. ML24085A711 and ML24227A595, respectively.
- NRCs PDR: The PDR, where you may examine and order copies of publicly
available documents, is open by appointment. To make an appointment to visit the PDR,
please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-
4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: John Lamb, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
telephone: 301-415-3100, email: John.Lamb@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: September 11, 2024
For the Nuclear Regulatory Commission.
/RA/
John Lamb, Senior Project Manager, Plant Licensing Branch 2-1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
2 Attachment - Exemption
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
3 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 this 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 succe ssive 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
4 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
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
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.
5 up-to-date. The NRC staff has determined that granting the licensees proposed
exemptions 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 ex emption; 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
6 any relation to security issues. Therefor e, 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 7
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 app lication 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 peri odic, 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 cat egorical exclusion from the requirement to
8 prepare an environmental assessment or envir onmental impact statement, set forth in
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 gr anting 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.
9 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 impac t. 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 requirement s of an administrative, managerial, or
organizational nature. The proposed action involves recordkeeping, reporting, and
scheduling requirements, and other requirement s of an administrative, managerial, or
organizational nature because it is associated with the schedule for submittal of UFSAR
10 updates pursuant to 10 CFR 50.71(e)(4) and meets that regulations requirement that
the interval between successive updat es 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.
/RA/
Jamie Pelton, Deputy Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
11