ML21322A150

Summary of November 10, 2021 Public Meeting with Southern Nuclear Operating Company

ML21322A150
Person / Time
Site:	Vogtle
Issue date:	12/02/2021
From:	Cayetano Santos NRC/NRR/VPOB
To:	Victor Hall Office of Nuclear Reactor Regulation
Tanny Santos, VPO
References
Download: ML21322A150 (7)

Text

December 2, 2021 MEMORANDUM TO: Victor E. Hall, Chief Vogtle Project Office Office of Nuclear Reactor Regulation FROM: Cayetano Santos Jr., Senior Project Manager /RA/

Vogtle Project Office Office of Nuclear Reactor Regulation

SUMMARY

OF A PUBLIC MEETING WITH SOUTHERN NUCLEAR OPERATING COMPANY ON NOVEMBER 10, 2021 The U.S. Nuclear Regulatory Commission (NRC) staff held a public observation meeting with Southern Nuclear Operating Company (SNC) on November 10, 2021. The purpose of the meeting was to discuss the exemption request regarding the applicability of Title 10 of the Code of Federal Regulations (10 CFR) 26.3, Scope, until initial fuel load.

The meeting notice can be found in the Agencywide Documents Access and Management System (ADAMS) Accession No. ML21313A114. The meeting notice was also posted on the NRC public website. Enclosures 1 and 2 are the meeting agenda and attendance list for the meeting, respectively. The documents referenced during the discussion can be found at the ADAMS Accession Nos. given below:

Request for Exemption: Applicability of 10 CFR 26.3, Scope, ML21309A545 Until Initial Fuel Load NRC Staff Presentation: Discussion of proposed rule ML21314A583 language changes discussed in the exemption request CONTACT: C. Santos, NRR/VPO (301) 415-7270

V. Hall Meeting Summary On November 10, 2021, the NRC staff held an observation public meeting with Southern Nuclear Operating Company (SNC) to discuss SNCs request for an exemption, for Vogtle Electric Generating Plant (Vogtle) Units 3 and 4, from portions of 10 CFR 26.3, Scope, to delay implementation of a fitness for duty (FFD) program that meets all requirements of 10 CFR Part 26, except Subpart K, from the time the Commission issues the 10 CFR 52.103(g) finding for each unit until initial fuel load of the unit (ADAMS Accession No. ML21309A545).

10 CFR 26.3, in part, defines when the various portions of 10 CFR Part 26, Fitness for Duty Programs, should be implemented. The 10 CFR 52.103(g) finding is a determination made by the NRC that all the acceptance criteria in the combined license are met, after which SNC may load fuel and begin operation in accordance with the conditions of the license.

SNC requested this exemption so that 10 CFR Part 26, Subpart K, FFD Programs for Construction, may continue to be used at Vogtle Units 3 and 4, during the period between the 10 CFR 52.103(g) finding and the initial loading of fuel into the reactor vessel. At this public meeting SNC described the changes made to the proposed draft exemption request following the November 4, 2021, pre-submittal meeting discussing this same topic (ADAMS Accession No. ML21316A069).

The NRC staffs presentation was based on the initial findings of their ongoing acceptance review of the SNC exemption request, specifically discussing four items for SNCs consideration (ADAMS Accession No. ML21314A583).

Below is a summary of the general comment and discussions:

• On November 1, 2021, SNC submitted a separate exemption request for Vogtle Units 3 and 4 to delay implementation of the Physical Protection Program and Access Authorization Program until before initial fuel load (ADAMS Accession No. ML21305B797). This exemption request and the one discussed during this meeting will be independent licensing reviews. SNC staff noted that when the protected area is declared, some individuals per 10 CFR 26.4, FFD Program Applicability to Categories of Individuals, currently on the Vogtle site under the more limited Subpart K requirements, would need to meet the full FFD program requirements.

• SNC staff noted that the second sentence in 10 CFR 26.3(a) does not strictly apply to Vogtle Unit 3 because new fuel is already on site and initial fuel load cannot occur until after the receipt of the fuel assemblies on site.

• SNCs focus for this exemption request is to extend the use of Subpart K requirements until initial fuel load.

• The NRC staff stated that the framework of 10 CFR Part 26 is to apply a full FFD program prior to a change in the risk of radiological consequences. This is reflected in the NRCs regulatory basis document titled, Alignment of Licensing Process and Lessons Learned from New Reactor Licensing, (ADAMS Accession No. ML20149K680) that proposes to implement the full FFD program before initial fuel load. However, SNCs exemption request, which references this regulatory basis document as part of the technical justification, proposes implementation of the full FFD program after initial

V. Hall fuel load. SNC staff responded that the focus of the exemption was changing the 10 CFR 52.103(g) milestone to initial fuel load so the after statements in the regulations were retained. SNC staff added that their intent is to transition out of Subpart K to the full FFD Program after the NRCs 10 CFR 52.103(g) finding but before starting fuel load.

• The exemption request proposes to replace the phrase after the Commission has made the finding under 10 CFR 52.103(g), in 10 CFR 26.3(a) with the phrase after initial loading of fuel into the reactor vessel. The NRC staff noted that this phrase appears twice in 10 CFR 26.3(a) and the exemption request is not clear whether the replacement is intended for one or both instances.

• The NRC staff noted that change in 10 CFR 26.3(a) suggested in the exemption request could be interpreted such that the FFD program would be implemented after initial fuel load and before the receipt of additional fuel assemblies for a subsequent fuel load. If this interpretation was applied, there would be a gap between when the FFD program was intended to be implemented by the regulations and the actual implementation. SNC staff noted that the current language in this regulation could also be interpreted this way.

• The majority of the technical justification for the exemption request is based on a generic assessment described in the NRC regulatory basis document referenced in the submittal. The NRC staff noted that the exemption request does not provide site-specific examples demonstrating how Vogtle Units 3 and 4 are bounded by this generic assessment. SNC staff responded that Vogtle Units 3 and 4 are required to meet 10 CFR 26.4, which describes the applicability of the FFD program to categories of individuals, and the exemption is not requesting any change to the 10 CFR 26.4 requirements. SNC staff also noted that, given a dynamic construction schedule, it may be difficult to be provide details as to what specific activities would be occurring between the 10 CFR 52.103(g) finding and initial fuel load.

• The NRC staff stated that they are currently in the process of performing an acceptance review of the exemption request and that they intend to consider any potential response, provided by SNC to respond to the NRCs comments from this meeting, before completing the acceptance review.

• SNC staff stated that they would consider the comments provided by the NRC staff in preparing a possible supplement to this exemption request.

• The NRC staff stated that the comments provided at this meeting were done as part of the NRCs acceptance review. The NRC staff also stated that, if this exemption request is accepted and a full NRC technical review proceeds, the process provides that the staff will have the opportunity to request any additional information needed as part of the technical review process.

• The NRC staff made it clear that any discussion during this meeting does not necessarily imply that the exemption request will be accepted by the NRC for full technical review or that it would be subsequently approved by the NRC.

V. Hall At the conclusion of the discussion, there was an opportunity for the public to provide comments and ask questions. There were no comments or questions from the public.

Docket No.: 52-025 52-026

Enclosures:

As stated cc w/encls: See next page

ML21322A150 *via e-mail NRR-106 OFFICE PM: NRR/VPO LA: NRR/VPO PM: NRR/VPO BC:NSIR/DPCP/RSB NAME CSantos RButler CSantos ABowers DATE 11/29/2021 11/29/2021 12/01/2021 12/01/2021 OFFICE BC:NRR/DRO/IOLB BC: NRR/VPO PM: NRR/VPO NAME BGreen VHall CSantos DATE 12/02/2021 12/02/2021 12/02/2021 AGENDA FOR PUBLIC MEETING U.S. NUCLEAR REGULATORY COMMISSION Thursday, November 10, 2021 Teleconference 9:00 a.m. - 10:00 a.m.

PURPOSE: To discuss issues associated with the safety review of licensing actions for Southern Nuclear Operating Companys (SNC) Vogtle Electric Generating Plant (VEGP) Units 3 and 4.

Time Topic Led By 9:00 a.m. Opening Remarks and Introductions NRC Discussion of Identified Topics NRC/SNC

• Request for Exemption:

9:05 a.m. - 9:30 a.m.

Applicability of 10 CFR 26.3, Scope, Until Initial Fuel Load Opportunity for Public Comment NRC/Public Following each Topic 9:30 a.m. Open Portion Concludes NRC 9:30 a.m. - 10:00 a.m. Closed Portion of Meeting (If NRC/SNC needed) 10:00 a.m. Adjourn NRC Enclosure 1

PUBLIC MEETING U.S. NUCLEAR REGULATORY COMMISSION Thursday, November 10, 2021 List of Attendees Name Organization Cayetano (Tanny) Santos Victor Hall William (Billy) Gleaves Garry Armstrong Michael Webb James Gaslevic NRC/Office of Nuclear Reactor Regulation Justin Vazquez Brian Green Philip McKenna David Desaulniers Anne-Marie Grady Anthony Bowers NRC/Office of Nuclear Security and Incident Paul Harris Response Michael Spencer NRC/Office of the General Counsel Stephanie Agee Nick Kellenberger Nathan Chapman Steve Leighty Dan Williamson Cheree Montgomery Mike Long Southern Nuclear Operating Company Brandon Norris Lisa Pritchett Mike Yox Sheila Dowd Jerry Sims Tina St. Pierre Mitch Hillis None identified Members of the Public Note: All participated via teleconference.

Enclosure 2