NL-23-0132, License Amendment Request: Remove Combined License Appendix C (LAR 23-001)

License Amendment Request: Remove Combined License Appendix C (LAR 23-001)

ML23094A268
Person / Time
Site:	Vogtle
Issue date:	04/04/2023
From:	Brown R Southern Nuclear Operating Co
To:	Office of Nuclear Reactor Regulation, Document Control Desk
References
NL-23-0132, LAR 23-001
Download: ML23094A268 (1)

Text

Director 3535 Colonnade Parkway Regulatory Affairs Birmingham, AL 35243 April 4, 2023 Docket Nos.52-025 NL-23-0132 10 CFR 50.90 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D. C. 20555-0001 Vogtle Electric Generating Plant - Unit 3 License Amendment Request: Remove Combined License Appendix C (LAR 23-001)

In accordance with 10 CFR 50.90, Southern Nuclear Operating Company (SNC) requests an amendment to the combined license (COL) for Vogtle Electric Generating Plant (VEGP)

Unit 3 (License Number NPF-91). The requested amendment proposes to remove the content of the Unit 3 COL Appendix C, Inspections, Tests, Analyses, and Acceptance Criteria, in its entirety along with appropriate revisions to specific references to Appendix C within the COL.

These changes were previously discussed with the NRC Staff during a public presubmittal conference call on December 8, 2022 (ADAMS Accession Number ML22349A214).

The Enclosure provides the description, technical evaluation, regulatory evaluation (including the significant hazards consideration) and environmental considerations for the proposed changes.

The Attachment to the Enclosure provides markups depicting the requested changes to the VEGP Unit 3 licensing basis documents.

This letter contains no regulatory commitments. This letter has been reviewed and determined not to contain security-related information.

SNC requests NRC staff review and approval of this LAR no later than twelve months from acceptance. Delayed approval of this license amendment subjects the plant personnel and the NRC Staff to additional regulatory burden. SNC expects to implement the proposed amendment within thirty days of approval of the LAR.

In accordance with 10 CFR 50.91, SNC is notifying the State of Georgia by transmitting a copy of this letter and its enclosures to the designated State Official.

U. S. Nuclear Regulatory Commission NL-23-0132 Page 2 If you have any questions, please contact Amy Chamberlain at (205) 992-6361.

I declare under penalty of perjury that the foregoing is true and correct. Executed on the 4th of April 2023.

Respectfully submitted, R. Keith Brown Director, Regulatory Affairs Southern Nuclear Operating Company RKB/acc/cbg

Enclosure:

License Amendment Request: Remove Combined License Appendix C (LAR 23-001)

Attachment:

Licensing Basis Document Markups (LAR 23-001)

U. S. Nuclear Regulatory Commission NL-23-0132 Page 3 cc: Regional Administrator, Region ll VPO Project Manager Senior Resident Inspector - Vogtle 3 & 4 Director, Environmental Protection Division - State of Georgia Document Services RTYPE: VND.LI.L00 File AR.01.02.06

ENCLOSURE License Amendment Request:

Remove Combined License Appendix C

1.

SUMMARY

DESCRIPTION

2. DETAILED DESCRIPTION 2.1 System Design and Operation 2.2 Current Requirements 2.3 Reason for Proposed Change 2.4 Description of Proposed Change

3. TECHNICAL EVALUATION

4. REGULATORY EVALUATION 4.1 Applicable Regulatory Requirements/Criteria 4.2 Precedent 4.3 Significant Hazards Consideration 4.4 Conclusions

5. ENVIRONMENTAL CONSIDERATION ATTACHMENT: Licensing Basis Document Markups

Enclosure to NL-23-0132 License Amendment Request: Remove Combined License Appendix C (LAR 23-001)

1.

SUMMARY

DESCRIPTION Southern Nuclear Operating Company (SNC) requests an amendment to the combined license (COL) for Vogtle Electric Generating Plant (VEGP) Unit 3 (License Number NPF-91). The proposed change would revise the VEGP Unit 3 COL by removing the content of Appendix C, Inspections, Tests, Analyses, and Acceptance Criteria, in its entirety along with appropriate revisions to specific references to Appendix C within the COL.

2. DETAILED DESCRIPTION 2.1 System Design and Operation Appendix C to the COL (titled Inspections, Tests, Analyses, and Acceptance Criteria (ITAAC)) provides not only the specific ITAAC tables, but also includes definitions, general provisions, figure legends, acronyms and abbreviations, system-based design descriptions for numerous systems, several non-system based design descriptions, and other tables and figures supporting the design descriptions.

2.2 Current Requirements 10 CFR Part 52, Appendix D, Section I, defines Tier 1 as the portion of the design-related information contained in the generic design control document (DCD) that is approved and certified by Appendix D and identifies that the Tier 1 information includes:

1. Definitions and general provisions;

2. Design descriptions;

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

4. Significant site parameters; and

5. Significant interface requirements.

Section X.A.2 of Appendix D to 10 CFR Part 52 requires that the licensee maintain a Tier 1 document that reflects generic and plant-specific changes made to the Tier 1 information from the referenced DCD.

The COL for VEGP Unit 3 includes Appendix C, which also contains much of the information required to be maintained in the Tier 1 plant-specific document, as well as some specific ITAAC tables derived from plant-specific information. In addition, the COL contains three License Conditions, 2.D.(2)(d), 2.D.(3)(b), and 2.D.(8), that specifically reference Appendix C.

2.3 Reason for Proposed Change Duplication of information both in the Tier 1 document required by regulation and in the Appendix to the COL constitutes an unnecessary duplication of regulatory requirements.

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Enclosure to NL-23-0132 License Amendment Request: Remove Combined License Appendix C (LAR 23-001)

As noted above, the Tier 1 information includes:

1. Definitions and general provisions;

2. Design descriptions;

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

4. Significant site parameters; and

5. Significant interface requirements.

The COL Appendix C information includes:

1. Definitions and general provisions;

2. Design descriptions; and

3. ITAAC.

The COL Appendix C does include some information not included in the Tier 1 document. The additional information consists of plant-specific ITAAC tables and some associated definitions, general provisions, and acronyms and abbreviations that support the additional plant-specific ITAAC tables. It is noted here that the COL Appendix C does not contain any design descriptions beyond those include in the Tier 1 document. The COL Appendix C additional information is addressed below.

VEGP Unit 3 has completed the requirements, i.e., fulfilled the acceptance criteria, in the tables that provide the specific ITAAC identified in both Tier 1 and in the COL Appendix C and the NRC has made the associated §52.103(g) finding. Thus, as identified in 10 CFR Part 52, Appendix D, Section IX.B.3, the specific ITAAC tables that also appear in the Tier 1 document no longer 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. No VEGP Unit 3 ITAAC are the subject of a § 52.103(a) hearing, and therefore, the specific ITAAC tables that also appear in the Tier 1 document no longer constitute regulatory requirements.

Since the requirements of the specific ITAAC tables that also appear in the Tier 1 document have been completed and the subsequent § 52.103(g) finding made, the specific tables of ITAAC in COL Appendix C are no longer regulatory requirements and may be removed from the COL. Since the COL Appendix C specific ITAAC tables no longer reflect requirements for VEGP Unit 3, this portion of the requested amendment is an administrative change.

Appendix C served an additional purpose (beyond the Tier 1 document) of identifying the specific ITAAC table requirements that were plant-specific; i.e.,

those that were developed based on information not included in the referenced DCD (e.g. from an incorporated early site permit or the Combined License application), along with the ITAAC from Tier 1 of the referenced DCD, and to provide appropriate identification numbers for each of the ITAAC. These identification numbers were included for ease of reference and did not impose any additional requirements. The plant-specific ITAAC table requirements have also E-2 of 8

Enclosure to NL-23-0132 License Amendment Request: Remove Combined License Appendix C (LAR 23-001) been completed and thus, similar to a completed License Condition, the plant-specific ITAAC tables also no longer impose requirements on the licensee.

The remaining information in COL Appendix C, i.e., other than the specific ITAAC tables and some associated definitions, general provisions, and acronyms and abbreviations that support the plant-specific ITAAC tables, is duplicated in the applicable Tier 1 document information. This remaining applicable information in COL Appendix C consists of the definitions and general provisions in Section 1 and the design descriptions (and associated tables and figures) in Sections 2 and 3.

Further, with the remaining COL Appendix C information also being maintained in the Tier 1 document, when a change is needed, a change to the COL information is required to be processed as a license amendment pursuant to § 52.98 and

§ 50.90 and as a change to the plant-specific Tier 1 document is required to be processed as an exemption from the generic Tier 1 information pursuant to § 52.7 and § 50.12.

Maintaining duplicate sets of licensing basis information represents a duplication of effort by both the licensee and the NRC Staff. It is also a duplication of effort for the licensee to develop information under both sets of regulatory processes and by the NRC Staff to review and approve the change to the information under both sets of regulatory processes. Under either set of the processes, the goal is the same, to confirm that an acceptable level of safety is maintained with the change.

Since the information in the remaining applicable portion of COL Appendix C is also maintained in the regulation required Tier 1 document, as discussed above, and there is no regulatory need or requirement to include the duplicate Tier 1 document information in the COL, the removal of this duplicate information in COL Appendix C does not change any requirements for VEGP Unit 3, and the removal from the COL can also be considered an administrative change.

Finally, there are three COL License Conditions that specifically reference COL Appendix C and thus, would be affected by its removal. For two of these, the associated notifications required by VEGP Unit 3 COL License Condition (LC) 2.D.(2)(d) and LC 2.D.(3)(b) have also been completed as required. As such, these completed COL License Conditions are also now moot and can be omitted.

COL LC 2.D.(8) simply incorporates the information in COL Appendix C into the License. Thus, with removal of Appendix C, LC 2.D.(8) would be revised to remove the reference to Appendix C.

2.4 Description of Proposed Change The proposed change would modify the COL for VEGP Unit 3 to remove the entire content of VEGP Unit 3 Appendix C, delete VEGP Unit 3 COL Section 2.D.(2) and Section 2.D.(3), and revise VEGP Unit 3 COL Section 2.D.(8) to remove the reference to Appendix C.

Markups showing these changes are provided in the Attachment to this Enclosure.

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Enclosure to NL-23-0132 License Amendment Request: Remove Combined License Appendix C (LAR 23-001)

3. TECHNICAL EVALUATION On August 3, 2022, the NRC issued the 10 CFR 50.103(g) letter to VEGP Unit 3

[ADAMS Accession No. ML20290A280], recognizing that the Acceptance Criteria identified in the COL had been satisfied. As identified in 10 CFR Part 52, Appendix D, Section IX.B.3, 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. Thus, since there are no specific ITAAC which are the subject of a § 52.103(a) hearing, the specific tables included in the COL identified as ITAAC that have the DCD as their source are no longer requirements for VEGP Unit 3 and their removal is an administrative change.

The AP1000 DCD contains both Tier 1 and Tier 2 information as noted and defined in Appendix D to 10 CFR Part 52. Appendix D certifies the Tier 1 information and approves the Tier 2 information and also identifies that the Tier 1 design descriptions, interface requirements, and site parameters are derived from Tier 2 information. The NRC Staff then included the Tier 1 information and a few COL-specific ITAAC tables in the COL as Appendix C. The plant-specific ITAAC tables of the COL Appendix C that do not have the AP1000 DCD Tier 1 information as their source are those in Sections C.2.6.9, C.2.6.12, C.3.8, E.3.8, E.3.9, and E.3.10. These Sections consist only of plant-specific ITAAC tables with no corresponding design descriptions. While these plant-specific COL Appendix C Sections are not specifically addressed above by 10 CFR Part 52, Appendix D, Section IX.B.3, they have been fulfilled, and as such, similar to completed License Conditions, also no longer constitute requirements.

Thus, their removal is an also an administrative change.

As noted in Section 2.3 above, COL Appendix C also included additional information beyond the Tier 1 information consisting of some definitions, general provisions, and acronyms and abbreviations that supported the additional plant-specific ITAAC tables.

However, this information does not impose any requirements absent the now moot specific ITAAC tables, and thus, their removal is an also an administrative change.

The remaining portion of the COL Appendix C constitutes a duplication of the Tier 1 information required to be maintained by 10 CFR Part 52, Appendix D, Section X.A.2, and thus, the removal of the remaining information in COL Appendix C, does not change any requirements, and its deletion can also be considered an administrative change. The above identified Section X.A.2 requires:

An applicant or licensee who references this appendix shall maintain the plant-specific DCD to accurately reflect both generic changes to the generic DCD and plant-specific departures made under Section VIII of this appendix throughout the period of application and for the term of the license (including any period of renewal).

Accordingly, SNC maintains a separate plant-specific Tier 1 document that includes the generic and plant-specific departures. This document is revised, and changes are reported in accordance with 10 CFR Part 52, Appendix D, Section X.B. The E-4 of 8

Enclosure to NL-23-0132 License Amendment Request: Remove Combined License Appendix C (LAR 23-001) requirements of this document are required to be met as identified 10 CFR Part 52, Appendix D, Section III.B where it states in part An applicant or licensee referencing this appendix, in accordance with Section IV of this appendix, shall incorporate by reference and comply with the requirements of this appendix, including Tier 1.

Both the regulations and the license conditions (provided in COL Appendix C) represent obligations of the licensee which are legally binding requirements that cannot be revised without prior NRC approval. As described in NRR Office Instruction, LIC-100, Control of Licensing Bases for Operating Reactors, the inclusion of actions or programs into the operating license, including technical specifications and license conditions, creates an obligation or regulatory requirement upon the licensee. There is no regulatory basis or need for such duplication of obligations.

Further, this duplication of obligations would seem to be inconsistent with the intent of the Paperwork Reduction Act as implemented by 5 CFR 1320, CONTROLLING PAPERWORK BURDENS ON THE PUBLIC.

The duplication of these obligations may also create the need for processing departures from the Tier 1 information as both a license amendment request under 10 CFR 52.98 and as an exemption under 10 CFR 52.7. Each of these processes requires NRC review and approval of the change prior to implementation, but the processes must be submitted in different formats and address different specific points for revision of both of the impacted documents. However, the technical and regulatory adequacy of the change is reviewed by NRC in either case, and thus, presents a duplication of efforts when submitted under both processes for both documents. With the removal of COL Appendix C, future proposed changes to Tier 1 information that do not otherwise affect licensing basis documents could be addressed only as an exemption request from the regulation required Tier 1 document information.

10 CFR 52.98(c) requires NRC approval for any modification to, addition to, or deletion from the terms and conditions of a Combined License (COL). This request involves changes to a license condition related to the plant-specific Inspections, Tests, Analyses, and Acceptance Criteria (COL Appendix C). Therefore, this activity requires NRC approval of the proposed amendment to the COL.

4 REGULATORY EVALUATION 4.1 Applicable Regulatory Requirements/Criteria The AP1000 Design Control Document (DCD) Tier 1 information is defined, considered, and controlled in accordance with 10 CFR Part 52, Appendix D.

The Tier 1 information is also duplicated, and thus, considered and controlled as incorporated into the VEGP Combined License (COL) as Appendix C to the COL.

The proposed change eliminates duplication while maintaining the Part 52, Appendix D regulation requirements.

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Enclosure to NL-23-0132 License Amendment Request: Remove Combined License Appendix C (LAR 23-001) 4.2 Precedent None.

4.3 Significant Hazards Consideration Southern Nuclear Operating Company (SNC) is requesting an amendment to Combined License (COL) No. NPF-91 for Vogtle Electric Generating Plant (VEGP)

Unit 3. The license amendment request (LAR) proposes to remove COL Appendix C content in its entirety, along with revision of the license condition incorporating it into the COL and removal of those completed License Conditions that specifically refer to Appendix C. An evaluation to determine whether or not a significant hazards consideration is involved with the proposed amendment was completed by focusing on the three standards set forth in 10 CFR 50.92(c),

Issuance of amendment, as discussed below.

1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

Response: No The proposed changes do not affect accident evaluations since there are no changes to the plant, no changes to analysis of the plant, and no changes to testing of the plant. The proposed changes do not adversely affect the operation of any structures, systems, or components (SSCs) associated with an accident initiator or initiating sequence of events. The proposed changes continue to maintain the initial conditions and operating limits assumed during normal operation, assumed by the accident analysis, and assumed in anticipated operational occurrences. Therefore, the proposed changes do not result in any increase in probability of an analyzed accident occurring.

The proposed changes do not involve a change to any mitigation sequence or the predicted radiological releases due to postulated accident conditions.

Thus, the consequences of the accidents previously evaluated are not adversely affected.

Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?

Response: No The proposed changes have been found to continue to provide the required functional capability of the safety systems for previously evaluated accidents and anticipated operational occurrences. The proposed revisions do not change the function of the related systems, and thus, the changes do not E-6 of 8

Enclosure to NL-23-0132 License Amendment Request: Remove Combined License Appendix C (LAR 23-001) introduce a new failure mode, malfunction or sequence of events that could adversely affect safety or safety-related equipment.

Therefore, the proposed change will not create the possibility of a new or different kind of accident from any accident previously evaluated.

3. Does the proposed involve a significant reduction in a margin of safety?

Response: No.

The proposed changes continue to provide the required functional capability of the safety systems for previously evaluated accidents and anticipated operational occurrences. The proposed changes do not change the function of the related systems nor significantly affect the margins provided by the systems. No safety analysis or design basis acceptance limit/criterion is challenged or exceeded by the requested changes.

Therefore, the proposed change does not involve a significant reduction in a margin of safety.

Based on the above, it is concluded that the proposed amendment does not involve a significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and, accordingly, a finding of no significant hazards consideration is justified.

4.4 Conclusions Based on the considerations discussed above, (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) 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. Therefore, it is concluded that the requested amendment does not involve a significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and, accordingly, a finding of no significant hazards consideration is justified.

5 ENVIRONMENTAL CONSIDERATION A review has determined that the proposed changes require an amendment to the COL. A review of the anticipated operational effects of the requested amendment has determined that the requested amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9), in that:

(i) There is no significant hazards consideration.

As documented in Section 4.3, Significant Hazards Consideration, of this license amendment request, an evaluation was completed to determine whether or not a significant hazards consideration is involved by focusing on the three standards E-7 of 8

Enclosure to NL-23-0132 License Amendment Request: Remove Combined License Appendix C (LAR 23-001) set forth in 10 CFR 50.92, Issuance of amendment. The Significant Hazards Consideration evaluation determined that (1) the proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated; (2) the proposed amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated; and (3) the proposed amendment does not involve a significant reduction in a margin of safety. Therefore, it is concluded that the proposed amendment does not involve a significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and accordingly, a finding of no significant hazards consideration is justified.

(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 changes are unrelated to any aspect of plant operation that would introduce any change to effluent types (e.g., effluents containing chemicals or biocides, sanitary system effluents, and other effluents) or affect any plant radiological or non-radiological effluent release quantities. Furthermore, the proposed changes do not affect any effluent release path or diminish the functionality of any design or operational features that are credited with controlling the release of effluents during plant operation. Therefore, it is concluded that the proposed amendment does not involve a significant change in the types or a significant increase in the amounts of any effluents that may be released offsite.

(iii) There is no significant increase in individual or cumulative occupational radiation exposure.

The proposed change in the requested amendment does not affect the shielding capability of, or alter any walls, floors, or other structures that provide shielding.

Plant radiation zones and controls under 10 CFR 20 preclude a significant increase in occupational radiation exposure. Therefore, the proposed amendment does not involve a significant increase in individual or cumulative occupational radiation exposure.

Based on the above review of the proposed amendment, it has been determined that anticipated operational effects of the proposed amendment does not involve (i) a significant hazards consideration, (ii) a significant change in the types or significant increase in the amounts of any effluents that may be released offsite, or (iii) a significant increase in the individual or cumulative occupational radiation exposure.

Accordingly, the proposed amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the proposed amendment.

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Attachment to Enclosure to NL-23-0132 Licensing Basis Document Markups (LAR 23-001)

Licensing Basis Document Mark-ups for License Amendment Request VEGP Unit 3 Combined License (COL) Section 2.D.(2)(d), is revised to read:

(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.

VEGP Unit 3 COL Section 2.D.(3)(b), is revised to read:

(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; VEGP Unit 3 COL Section 2.D.(8), Incorporation, is revised to read:

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

VEGP Unit 3 COL Appendix C, Page C-1, is revised to read as shown below.

All following pages, C-2 through C-494, are deleted.

APPENDIX C VOGTLE ELECTRIC GENERATING PLANT UNIT 3 INSPECTIONS, TESTS, ANALYSES, AND ACCEPTANCE CRITERIA (Removed by Amendment No. ###)

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