ML23018A228

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FRN Notice of Issuance of Vogtle Electric Generating Plant, Unit 3, Emergency License Amendment Request: Technical Specification Limiting Conditions for Operation 3.4.11, 3.4.12, and 3.4.13 Operability Requirements for Auto Depressurization
ML23018A228
Person / Time
Site: Vogtle Southern Nuclear icon.png
Issue date: 01/30/2023
From: Victor Hall
NRC/NRR/VPOB
To:
References
LAR 23-0002, 88 FRN 7112, NRC-2008-0252
Download: ML23018A228 (10)


Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[Docket No.52-025; NRC-2008-0252]

Southern Nuclear Operating Company, Inc.

Vogtle Electric Generating Plant, Unit 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Combined license amendment; issuan ce and opportunity to comment, request

a hearing, and petition for leave to intervene.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) has issued Lice nse

Amendment No. 189 to Combined License (COL) NPF-91. The COL am endment

involved changes to Vogtle Electric Generating Plant (VEGP), Un it 3, COL Appendix A,

Technical Specifications. Specifically, the amendment involved changes necessary to

facilitate rework of two piping supports to address elevated pi ping line vibration located

on the B and D Automatic Depressurization System (ADS) stag e 4 lines that

discharge to the No. 2 steam generator compartment. Southern N uclear Operating

Company, Inc., (SNC) is licensed to construct and operate VEGP, Unit 3, located in

Burke County, Georgia.

DATES: The amendment was issued on January 13, 2023. Submit commen ts by

March 6, 2023. A request for a hearing or petition for leave t o intervene must be filed by

April 3, 2023.

ADDRESSES: You may submit comments by any of the following methods; how ever,

the NRC encourages electronic comment submission through the Federal rulemaking

website:

for Docket ID NRC-2008-0252. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email: Stacy.Schu mann@nrc.gov. For

technical questions, contact the individual listed in the For Further Information Contact

section of this document.

  • Mail comments to: Office of Administration, Mail Stop: TWFN-7-A60M,

U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Program

Management, Announcements and Editing Staff.

For additional direction on obtaining information and submittin g comments, see

Obtaining Information and Submitting Comments in the SUPPLEME NTARY

INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: William (Billy) Gleaves, Vogtle Project

Office, U.S. Nuclear Regulatory Commission, Washington, DC 2055 5-0001; telephone:

301-415-5848; email: Bill.Gleaves@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2008-0252 when contacting the NRC about the

availability of information for this action. You may obtain pu blicly available information

related to this action by any of the following methods:

search for Docket ID NRC-2008-0252.

  • NRCs Agencywide Documents Access and Management System

(ADAMS): You may obtain publicly available documents online in the AD AMS Public

Documents collection at https://www.nrc.gov/reading-rm/adams.ht ml. To begin the

search, select Begin Web-based ADAMS Search. For problems wi th ADAMS, please

contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209,

2 301-415-4737, or by email to PDR.Resource@nrc.gov. The ADAMS a ccession number

for each document referenced (if it is available in ADAMS) is p rovided the first time that it

is mentioned in this document.

  • NRCs PDR: You may examine and purchase copies of public documents,

by appointment, at the NRCs PDR, Room P1 B35, One White Flint North, 11555

Rockville Pike, Rockville, Maryland 20852. To make an appointm ent to visit the PDR,

please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-

4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday throu gh Friday, except

Federal holidays.

B. Submitting Comments

The NRC encourages electronic comment submission through the Federal

rulemaking website (https://www.regulations.gov). Please include Docket ID NRC-

2008-0252 in your comment submission.

The NRC cautions you not to include identifying or contact info rmation that you

do not want to be publicly disclosed in your comment submission. The NRC will post all

comment submissions at https://www.regulations.gov as well as e nter the comment

submissions into ADAMS. The NRC does not routinely edit commen t submissions to

remove identifying or contact information.

If you are requesting or aggregating comments from other person s for

submission to the NRC, then you should inform those persons not to include identifying

or contact information that they do not want to be publicly dis closed in their comment

submission. Your request should state that the NRC does not routinely edit comment

submissions to remove such information before making the commen t submissions

available to the public or entering the comment into ADAMS.

II. Introduction

3 The NRC is issuing License Amendment No. 189 to COL NPF-91. Wi th the

requested amendment, SNC sought proposed changes to COL, Append ix A, Technical

Specifications (TS) in an application dated January 12, 2023, t itled, Emergency License

Amendment Request: Technical Specification (TS) Limiting Condit ions for Operation

(LCO) 3.4.11, 3.4.12, and 3.4.13 Operability Requirements for A utomatic

Depressurization System (ADS) Stage 4 Flow Paths Prior to Initi al Criticality,

designated as license amendment request (LAR) 23 002. Specifically, the changes add

Notes to the TS that details the specific conditions under whic h the specified LCOs

would not apply to ADS stage 4 flow paths. The licensee reques ted the changes to

facilitate rework of two piping supports on the B and D ADS stage 4 lines. If the

rework was performed under the current TS, it would require shu tdown and cooldown

actions that may take additional time, require reduction in ope rating mode, and possibly

require additional actions. The letter to SNC, the NRC safety evaluation, and the

amendment document are available in ADAMS under Package Accessi on No.

ML23013A214.

III. Notice of Issuance of Amendment to Combined License, Fina l Determination of

No Significant Hazards Consideration, Opportunity to Comment, a nd Opportunity

for a Hearing (Emergency Situation)

By letter dated January 12, 2023 (ADAMS Accession No. ML23012A2 38), SNC

requested that the NRC amend COL NPF-91 for VEGP, Unit 3. The Commission has

issued the proposed amendment, which is described in section II of this Federal Register

notice.

The Commission has determined for this amendment that the appli cation for the

amendment complies with the standards and requirements of the A tomic Energy Act of

1954, as amended (the Act), and the Commission's rules and regu lations. The

4 Commission has made appropriate findings as required by the Act and the

Commission's rules and regulations in Chapter 1 of title 10 of the Code of Federal

Regulations (10 CFR), which are set forth in the license amendment.

Because of the emergency situation associated with the date the amendment

was needed, there was not time for the Commission to publish be fore issuance its usual

notice of consideration of issuance of amendment, proposed no s ignificant hazards

consideration (NSHC) determination and opportunity for public c omment, and

opportunity for a hearing. The Commission was able to consult the State official before

issuance. The State of Georgia had no comment.

Where the Commission finds that an emergency situation exists, in that failure to

act in a timely way would have resulted, for example, in derati ng or shutdown of a

nuclear power plant or in prevention of either resumption of op eration or of increase in

power output up to the plant's licensed power level, the Commis sion may issue a license

amendment involving no significant hazards consideration withou t prior notice and

opportunity for a hearing or for public comment. Also, under i ts regulations, the

Commission may issue and make an amendment immediately effectiv e, notwithstanding

the pendency before it of a request for a hearing from any pers on, in advance of the

holding and completion of any required hearing, where it has de termined that NSHC is

involved.

The Commission has applied the standards of 10 CFR 50.92, Issu ance of

amendment, and has made a final determination that the amendme nt involves NSHC.

The basis for this determination is contained in the NRC docume nts listed in section II of

this notice. Accordingly, the amendment has been issued and ma de effective as

indicated. Because the amendment was issued in an emergency si tuation, the

Commission is with this notice providing an opportunity for pub lic comment on the NSHC

5 determination and an opportunity for hearing on the amendment. Please provide

comments by March 6, 2023. A request for a hearing or petition for leave to intervene

must be filed by April 3, 2023, as discussed later in this noti ce.

The Commission has determined that the amendment satisfies the criteria for

categorical exclusion in accordance with 10 CFR 51.22. Therefo re, pursuant to

10 CFR 51.22(b), no environmental i mpact statement or environmental assessment

need be prepared for this amendment.

For further details with respect to this action, including the Commissions final

NSHC determination or discussion of emergency circumstances, se e the amendment

and associated documents such as the Commissions letter and sa fety evaluation, which

are referenced in section II of this notice.

IV. Opportunity to Request a Hearing and Petition for Leave to Intervene

Within 60 days after the date of publication of this notice, an y persons (petitioner)

whose interest may be affected by this action may file a reques t for a hearing and a

petition for leave to intervene (petition) with respect to the action. Petitions shall be filed

in accordance with the Commissions Agency Rules of Practice a nd Procedure in

10 CFR part 2. Interested persons should consult a current cop y of 10 CFR 2.309. The

NRCs regulations are accessible electronically from the NRC Li brary on the NRCs

public website at https://www.nrc.gov/reading-rm/doc-collection s/cfr. If a petition is filed,

the Commission or a presiding officer will rule on the petition and, if appropriate, a notice

of a hearing will be issued.

Petitions must be filed no later than 60 days from the date of publication of this

notice in accordance with the filing instructions in the Elect ronic Submissions (E-Filing)

section of this document. Petitions and motions for leave to f ile new or amended

contentions that are filed after the deadline will not be enter tained absent a

6 determination by the presiding officer that the filing demonstr ates good cause by

satisfying the three factors in 10 CFR 2.309(c)(1)(i) through ( iii).

A State, local governmental body, Federally recognized Indian T ribe, or

designated agency thereof, may submit a petition to the Commiss ion to participate as a

party under 10 CFR 2.309(h) no later than 60 days from the date of publication of this

notice. Alternatively, a State, local governmental body, Feder ally recognized Indian

Tribe, or agency thereof may participate as a non-party under 1 0 CFR 2.315(c).

For information about filing a petition and about participation by a person not a

party under 10 CFR 2.315, see ADAMS Accession No. ML20340A053

(https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionN umber=ML20340A

053) and the NRCs public website at

https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.h tml#participate.

V. Electronic Submissions (E-Filing)

All documents filed in NRC adjudicatory proceedings including d ocuments filed

by an interested State, local governmental body, Federally reco gnized Indian Tribe, or

designated agency thereof that requests to participate under 10 CFR 2.315(c), must be

filed in accordance with 10 CFR 2.302. The E-Filing process re quires participants to

submit and serve all adjudicatory documents over the internet, or in some cases, to mail

copies on electronic storage media, unless an exemption permitting an alternative filing

method, as further discussed, is granted. Detailed guidance on electronic submissions

is located in the Guidance for Electronic Submissions to the N RC (ADAMS Accession

No. ML13031A056) and on the NRCs public website at https://www.nrc.gov/site-help/e-

submittals.html.

To comply with the procedural requirements of E-Filing, at leas t 10 days prior to

the filing deadline, the participant should contact the Office of the Secretary by email at

7 Hearing.Docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital

identification (ID) certificate, which allows the participant ( or its counsel or

representative) to digitally sign submissions and access the E-Filing system for any

proceeding in which it is participating; and (2) advise the Sec retary that the participant

will be submitting a petition or other adjudicatory document (e ven in instances in which

the participant, or its counsel or representative, already hold s an NRC-issued digital ID

certificate). Based upon this information, the Secretary will establish an electronic

docket for the proceeding if the Secretary has not already esta blished an electronic

docket.

Information about applying for a digital ID certificate is avai lable on the NRCs

public website at https://www.nrc.gov/site-help/e-submittals/ge tting-started.html. After a

digital ID certificate is obtained and a docket created, the pa rticipant must submit

adjudicatory documents in Portable Document Format. Guidance o n submissions is

available on the NRCs public website at https://www.nrc.gov/si te-help/electronic-sub-ref-

mat.html. A filing is considered complete at the time the docu ment is submitted through

the NRCs E-Filing system. To be timely, an electronic filing must be submitted to the

E-Filing system no later than 11:59 p.m. ET on the due date. U pon receipt of a

transmission, the E-Filing system time-stamps the document and sends the submitter an

email confirming receipt of the document. The E-Filing system also distributes an email

that provides access to the document to the NRCs Office of the General Counsel and

any others who have advised the Office of the Secretary that th ey wish to participate in

the proceeding, so that the filer need not serve the document o n those participants

separately. Therefore, applicants and other participants (or t heir counsel or

representative) must apply for and receive a digital ID certificate before adjudicatory

documents are filed to obtain access to the documents via the E -Filing system.

8 A person filing electronically u sing the NRCs adjudicatory E-Filing system may

seek assistance by contacting the NRCs Electronic Filing Help Desk through the

Contact Us link located on the NRCs public website at https: //www.nrc.gov/site-help/e-

submittals.html, by email to MSHD.Resource@nrc.gov, or by a toll-free call at

1-866-672-7640. The NRC Electronic Filing Help Desk is availab le between 9 a.m. and

6 p.m., ET, Monday through Friday, except Federal holidays.

Participants who believe that they have good cause for not subm itting documents

electronically must file an exemption request, in accordance wi th 10 CFR 2.302(g), with

their initial paper filing stating why there is good cause for not filing electronically and

requesting authorization to continue to submit documents in pap er format. Such filings

must be submitted in accordance with 10 CFR 2.302(b)-(d). Part icipants filing

adjudicatory documents in this manner are responsible for servi ng their documents on all

other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must

still meet the electronic formatting requirement in 10 CFR 2.30 2(g)(1), unless the

participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1).

Documents submitted in adjudicatory proceedings will appear in the NRCs

electronic hearing docket, which is publicly available at https ://adams.nrc.gov/ehd,

unless excluded pursuant to an order of the presiding officer. If you do not have an

NRC-issued digital ID certificate as previously described, clic k cancel when the link

requests certificates and you will be automatically directed to the NRCs electronic

hearing dockets where you will be able to access any publicly a vailable documents in a

particular hearing docket. Participants are requested not to i nclude personal privacy

information such as social security numbers, home addresses, or personal phone

numbers in their filings unless an NRC regulation or other law requires submission of

such information. With respect to copyrighted works, except fo r limited excerpts that

9 serve the purpose of the adjudicatory filings and would constit ute a Fair Use application,

participants should not include copyrighted materials in their submission.

VI. Conclusion

For the reasons set forth in the safety evaluation, the staff i ssued the amendment

that SNC requested on January 13, 2023, as part of a package to SNC (ADAMS

Package Accession No. ML23013A214).

Dated: January 30, 2023.

For the Nuclear Regulatory Commission.

/RA/

Victor E. Hall, Director, Vogtle Project Office, Office of Nuclear Reactor Regulation.

10