ML24199A159
| ML24199A159 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 07/17/2024 |
| From: | John Lamb Plant Licensing Branch II |
| To: | Lowery K Southern Nuclear Operating Co |
| References | |
| Download: ML24199A159 (3) | |
Text
From:
John Lamb Sent:
Wednesday, July 17, 2024 11:38 AM To:
Lowery, Ken G.
Cc:
Joyce, Ryan M.
Subject:
Request for Additional Information - Vogtle 3 and 4 - Exemption for the Requirements in 10 CFR 50.71 Pertaining to the Submittal of Updated Final Safety Analysis Report Ken, By letter dated Mar ch 22, 2024, (Agencywide Documents A ccess and Management System (ADAMS ) Accession No. ML24085A711), Southern Nuclear Operating Company (SNC, the licensee) submitted an exemption request pursuant to the requirements in
- Ken, By letter dated March 22, 2024, (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24085A711), Southern Nuclear Operating Company (SNC, the licensee) submitted an exemption request pursuant to the requirements in Title 10 of the Code of Federal Regulations (10 CFR) 50.12(a) for Vogtle Electric Generating Plant (Vogtle), Units 3 and 4. The letter requested an exemption from the requirements in 10 CFR 50.71(e)(4) regarding submission of revisions to the Updated Final Safety Analysis Report (UFSAR) to allow periodic updates of the FSAR on specified schedules that do not exceed 24 months between successive updates.
The Nuclear Regulatory Commission (NRC) staff has determined that additional information is required for the staff to complete its review. A clarifying call was held on July 17, 2024, to ensure questions were understandable and did not contain any sensitive information. SNC stated that it would provide a response to the request for additional information within 30 days of the date of this email.
If you have any questions, contact me.
John G. Lamb Senior Project Manager NRC/NRR/DORL/LPLII-1 (301) 415-3100 REQUEST FOR ADDITIONAL INFORMATION (RAI)
RAI-01
Regulatory Requirements:
The requirements in Title 10 of the Code of Federal Regulations (10 CFR), Section 50.12(a)(2) state that: "(2) The Commission will not consider granting an exemption unless special circumstances are present. Special circumstances are present whenever--...
(ii) 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 requirements in 10 CFR 50.71(e) state: Each person licensed to operate a nuclear power reactor under the provisions of § 50.21 or § 50.22, and each applicant for a combined license under part 52 of this chapter, shall update periodically, as provided in paragraphs (e) (3) and (4) of this section, the final safety analysis report (FSAR) originally submitted as part of the application for the license, to assure that the information included in the report contains the latest information developed.
The requirements in 10 CFR 50.71(e)(4) state, in pertinent part: Subsequent revisions must be filed annually or 6 months after each refueling outage provided the interval between successive updates does not exceed 24 months. The revisions must reflect all changes up to a maximum of 6 months prior to the date of filling.
Issue:
The exemption request dated March 22, 2024, states: In accordance with 10 CFR 50.12(a)(2)(ii), special circumstances exist when compliance is not necessary to achieve the underlying purpose of the rule. The underlying purpose of 10 CFR 50. 71(e)(4) is for the licensee to provide periodic revision and updates of the FSAR. 10 CFR 50.71(e)(4) currently specifies a maximum time of 24 months between successive updates and the requirement to reflect changes to the FSAR up to a maximum of six months prior to the date of filing. The processing and submittal of more frequent revisions to the FSAR, including the documents incorporated by reference, is not necessary to achieve the underlying purpose of the rule. SNC maintains the [Vogtle Electric Generating Plant] VEGP Units 3 and 4 FSAR as a living document that is posted to the SNC intranet when updated. These documents are available to plant staff.
The VEGP Units 3 and 4 revisions and update FSAR submittals will not exceed the maximum 24 months between submission and the submittals will continue to contain timely updates as required by 10 CFR 50.71(e)(4).
The NRC staff notes that in the statements of consideration for the final rule establishing the initial requirement to provide an UFSAR update (May 9, 1980; 45 FR 30614), the Commission explained that it was establishing the requirement to provide an updated reference document to be used in recurring safety analyses performed by the licensee, the Commission, and other interested parties. That rule required updating on an annual basis. In the statements of consideration for the 1992 final rule amending § 50.71(e) (August 31, 1992; 57 FR 39353), the Commission provided an alternative to the annual updating requirement, in which licensees could provide updates 6 months after each refueling outage provided the interval between successive updates to the FSAR does not exceed 24 months. In a response to a comment suggesting that the FSAR update be decoupled from the refueling cycle the Commission explained in the final rule (57 FR 39354), The majority of facility design changes reflected in an updated FSAR are effected during the refueling outage. The use of the refueling cycle interval provides for a current plant status document that is coordinated with plant changes.
Request:
Discuss how the 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 as discussed in the statements of consideration for the initial and revised 10 CFR 50.71(e)(4) rule.
Hearing Identifier:
NRR_DRMA Email Number:
2557 Mail Envelope Properties (MN2PR09MB50842A46F204D5E92C62A171FAA32)
Subject:
Request for Additional Information - Vogtle 3 and 4 - Exemption for the Requirements in 10 CFR 50.71 Pertaining to the Submittal of Updated Final Safety Analysis Report Sent Date:
7/17/2024 11:38:20 AM Received Date:
7/17/2024 11:38:00 AM From:
John Lamb Created By:
John.Lamb@nrc.gov Recipients:
"Joyce, Ryan M." <RMJOYCE@southernco.com>
Tracking Status: None "Lowery, Ken G." <KGLOWERY@southernco.com>
Tracking Status: None Post Office:
MN2PR09MB5084.namprd09.prod.outlook.com Files Size Date & Time MESSAGE 5435 7/17/2024 11:38:00 AM Options Priority:
Normal Return Notification:
No Reply Requested:
No Sensitivity:
Normal Expiration Date: