ML18235A032

Exemption - Vogtle Electric Generating Plant, Unit 4 LAR 17-037

ML18235A032
Person / Time
Site:	Vogtle
Issue date:	09/20/2018
From:	Anna Bradford NRC/NRO/DLSE
To:	City of Dalton, GA, Georgia Power Co, MEAG Power, Oglethorpe Power Corp, Southern Nuclear Operating Co
HABIB D/415-1035
Shared Package
ML18235A029, ML18256A400	List: ML18235A031 ML18235A032 ML18235A033 ML18235A034 ML18235A035 ML18235A036
References
EPID: L-2017-LLA-0421, LAR 17-037
Download: ML18235A032 (2)

Text

SOUTHERN NUCLEAR OPERATING COMPANY, INC.

GEORGIA POWER COMPANY OGLETHORPE POWER CORPORATION MEAG POWER SPVM, LLC MEAG POWER SPVJ, LLC MEAG POWER SPVP, LLC CITY OF DALTON, GEORGIA VOGTLE ELECTRIC GENERATING PLANT UNIT 4 DOCKET NO.52-026 EXEMPTION FROM REGULATIONS SET FORTH IN APPENDIX D OF 10 CFR PART 52 Exemption License No. NPF-92

1. In a letter dated December 21, 2017, as supplemented by letters dated April 6, May 11, June 18, August 3, August 10, and September 13, 2018, the Southern Nuclear Operating Company (SNC) requested from the Nuclear Regulatory Commission (NRC or Commission) an exemption from the requirements of Title 10 of the Code of Federal Regulations (10 CFR) Part 52, Appendix D, Design Certification Rule for the AP1000 Design,Section VIII, Processes for Changes and Departures, paragraphs VIII.B.5.a, VIII.B.6.b, and VIII.B.6.c, for prior NRC approval of any departure from Tier 2*

information or any departure from Tier 2 information that involves a change to or departure from Tier 2* information, provided that specified criteria are not met. SNC specified the criteria in a new license condition in license amendment request (LAR)17-037, Changes to the Tier 2* Departure Evaluation Process, which SNC submitted together with the exemption request. The proposed license condition would allow SNC to apply the change process for Tier 2 information in 10 CFR Part 52, Appendix D, Section VIII.B.5, to a proposed departure from Tier 2* information in the Updated Final Safety Analysis Report (UFSAR, which includes the plant-specific design certification document (DCD)), provided the criteria in the new condition are not met.

For the reasons set forth in Section 3.2 of the NRC staffs Safety Evaluation, which can be found at Agencywide Documents Access and Management System (ADAMS)

Accession Number ML18207A262, the Commission finds that:

A. the exemption is authorized by law;

B. the exemption presents no undue risk to public health and safety; C. the exemption is consistent with the common defense and security; D. special circumstances are present in that the application of the rule in this circumstance is not necessary to serve the underlying purpose of the rule;

2. Accordingly, SNC is granted an exemption from the requirements to obtain prior NRC approval for any departure from Tier 2* information and an exemption from the requirement to obtain prior NRC approval for any departure from Tier 2 information that involves a change to or departure from Tier 2* information, as described in the licensees request dated December 21, 2017, as supplemented by letters dated April 6, May 11, June 18, August 3, August 10, and September 13, 2018, provided that each of the criteria in License Condition 2.D.(13)(a) is not met for each such departure. These exemptions are related to, and necessary for the granting of License Amendment No.

141, which is being issued concurrently with this exemption.

3. As explained in Section 6.0 of the NRC staffs Safety Evaluation (ADAMS Accession Number ML18207A262), this exemption 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 needs to be prepared in connection with the issuance of the exemption.

4. This exemption is effective as of the date of its issuance.

FOR THE NUCLEAR REGULATORY COMMISSION:

/RA/

Anna H. Bradford, Deputy Director Division of Licensing, Siting, and Environmental Analysis Office of New Reactors Date of Issuance: September 20, 2018