ML21316A069

November 4, 2021 Summary of Public Meeting with Southern Nuclear Operating Company

ML21316A069
Person / Time
Site:	Vogtle
Issue date:	11/22/2021
From:	Cayetano Santos NRC/NRR/VPOB
To:	Victor Hall Office of Nuclear Reactor Regulation
Tanny Santos, VPO
References
Download: ML21316A069 (6)

Text

November 22, 2021 MEMORANDUM TO: Victor E. Hall, Chief Vogtle Project Office Office of Nuclear Reactor Regulation Signed by Santos, C FROM: Cayetano Santos Jr., Senior Project Manager on 11/22/21 Vogtle Project Office Office of Nuclear Reactor Regulation

SUMMARY

OF A PUBLIC MEETING WITH SOUTHERN NUCLEAR OPERATING COMPANY ON NOVEMBER 4, 2021 The U.S. Nuclear Regulatory Commission (NRC) staff held a public observation meeting with Southern Nuclear Operating Company (SNC) on November 4, 2021. The purpose of the meeting was to discuss (1) the exemption request for the Physical Protection Program and Access Authorization Program implementation and (2) the draft 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. ML21307A049. 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: Physical Protection Program ML21305B797 and Access Authorization Program Implementation Draft Request for Exemption: Applicability of ML21306A002 10 CFR 26.3, Scope, Until Initial Fuel Load CONTACT: C. Santos, NRR/VPO (301) 415-7270

V. Hall Meeting Summary On November 4, 2021, NRC staff held an observation public meeting with SNC to discuss (1) the exemption request for the Physical Protection Program and Access Authorization Program implementation and (2) the draft exemption request regarding the applicability of 10 CFR Part 26, Fitness for Duty Programs, Section 26.3, Scope, until initial fuel load.

Topic 1 The first topic was a discussion of SNCs November 1, 2021 formal submittal of an exemption request for the Physical Protection Program and Access Authorization Program implementation (ADAMS Accession No. ML21305B797). SNC staff described the changes made to the exemption request following the October 28, 2021, pre-submittal meeting on the same topic (ADAMS Accession No. ML21305B797). SNC considered and addressed comments and feedback provided by NRC staff during that pre-submittal meeting. There were no additional comments or questions from the NRC staff during the November 4th meeting.

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.

Topic 2 The second topic was a pre-submittal discussion of SNCs draft request for an exemption from certain requirements of 10 CFR 26.3, Scope, to delay implementation of a full fitness for duty (FFD) program, that implements all 10 CFR Part 26 requirements, except Subpart K, FFD Programs for Construction, until initial fuel load into the reactor vessel. The purpose of this discussion was for SNC to discuss its draft exemption, which was provided in advance of the meeting. SNC staff described the draft exemption request (ADAMS Accession No. ML21306A002). 10 CFR 26.3, in part, defines when the various portions of 10 CFR Part 26, Fitness for Duty Programs, should be implemented relative to the Commissions 10 CFR 52.103(g) finding that all the acceptance criteria in the combined license are met, except for those acceptance criteria that the Commission found were met under

§ 52.97(a)(2), after which SNC may load fuel and begin operation in accordance with the conditions of the license. SNC plans to request this exemption so that 10 CFR Part 26, Subpart K, may continue to be used during the period between the 10 CFR 52.103(g) finding and the licensees initial loading of fuel into the reactor vessel. The draft exemption, if approved, would permit transition to a full FFD program based on initial fuel load, instead of the 10 CFR 52.103(g) finding, as stated in the rule.

Below is a summary of the general comment and discussions:

SNC cites the NRC regulatory basis document titled, Alignment of Licensing Process and Lessons Learned from New Reactor Licensing, (ADAMS Accession No. ML20149K680) as part of the justification for the draft exemption. The NRC staff noted that there are minor differences between the language suggested in this regulatory basis document and the language in the draft exemption request, and the NRC staff would consider this difference as part of its detailed technical review.

The NRC staff noted that the majority of the justification for the draft exemption request is based on a generic assessment described in the NRC regulatory basis document.

V. Hall The NRC staff prepared this regulatory basis document to support a possible proposed rule, but this proposed rule has not yet been prepared. The NRC asked what Vogtle-specific justification could be provided. SNC stated that they would consider revising the draft exemption request to include more specific justification.

The NRC staff noted that Subpart K is the construction FFD program and that construction is defined in the regulations. The NRC staff asked about activities that occur after the 10 CFR 103(g) finding and how the regulatory requirements would impact those activities. Specifically, the NRC staff asked if the exemption were be approved, would a gap be created such that activities which should be addressed by FFD program requirements would not be addressed. SNC staff stated that granting the exemption would not create any gaps in coverage by a FFD program because there would effectively be no change from what is currently being done in accordance with 10 CFR Part 26, Subpart K, and other requirements. Personnel at the site who are required to be covered by an FFD program will continue to be covered by either the Subpart K FFD program or other FFD program requirements contained in 10 CFR Part 26. SNC stated that they would consider adding additional discussion in the exemption request.

The NRC staff noted that the draft exemption request states there is an unnecessary burden and cost with meeting existing requirements, but no specific information is provided. SNC staff explained that, if the exemption is not approved, additional administrative tasks such as background investigations, criminal history checks, and psychological evaluations would need to be performed for Subpart K workers following the 10 CFR 52.103(g) finding. The NRC staff commented that including this information in the submittal explicitly could be helpful in justifying that the exemption is in the public interest.

The NRC staff asked when SNC plans to submit the exemption request and when SNC would need NRCs decision. SNC stated that revision of the draft exemption request would be necessary and that they plan to submit the final version by Monday, November 8, 2021, with a requested completion date of approximately December 20, 2021. The NRC staff suggested holding another public meeting on Wednesday November 10, 2021, to continue discussions of this topic. SNC stated that it would be willing to support a future meeting.

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

ML21316A069 NRR-106 OFFICE PM: NRR/VPO LA: NRR/VPO BC: NSIR/DPCP/RSB NAME CSantos RButler ABowers DATE 11/12/21 11/17/21 11/22/21 OFFICE BC: NRR/DRO/IOLB BC: NRR/VPO PM: NRR/VPO NAME BGreen VHall CSantos DATE 11/22/21 11/22/21 11/22/21 AGENDA FOR PUBLIC MEETING U.S. NUCLEAR REGULATORY COMMISSION Thursday, November 4, 2021 Teleconference 9:00 a.m. - 11:00 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 9:05 a.m. - 9:30 a.m. Request for Exemption:

Physical Protection Program and Access Authorization NRC/SNC Program Implementation 9:30 a.m. - 10:30 a.m. Draft Request for Exemption:

Applicability of 10 CFR 26.3, Scope, Until Initial Fuel Load Opportunity for Public Comment NRC/Public Following each Topic 10:30 a.m. Open Portion Concludes NRC Closed Portion of Meeting (If needed) NRC/SNC 10:30 a.m. - 11:00 a.m.

11:00 a.m. Adjourn NRC Enclosure 1

PUBLIC MEETING U.S. NUCLEAR REGULATORY COMMISSION Thursday, November 4, 2021 List of Attendees Name Organization Cayetano (Tanny) Santos Victor Hall William (Billy) Gleaves Greg Bowman Garry Armstrong Michael Webb Chandu Patel NRC/Office of Nuclear Reactor Regulation James Gaslevic Justin Vazquez Philip McKenna Ed Miller Alissa Neuhausen David Desaulniers Niry Simonian NRC/Office of Nuclear Security and Incident Pete Lee

Response

Paul Harris Michael Spencer NRC/Office of the General Counsel Norman St. Amour Steve Leighty Nick Kellenberger Neil Haggerty Dan Williamson Jason Weathersby Stephanie Agee Keith Dorsey Southern Nuclear Operating Company Mike Long Mitch Hillis Cheree Montgomery Lisa Pritchett Kelli Roberts Tina St. Pierre None identified Members of the Public Note: All participated via teleconference.

Enclosure 2