[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
[Notices]
[Pages 15506-15509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05646]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-348, 50-366, 50-321, 50-366, 50-424, and 50-425; NRC-
2020-0068]
Southern Nuclear Operating Company; Farley Nuclear Plant, Units 1
and 2; Hatch Nuclear Power Plant, Units 1 and 2; and Vogtle Electric
Generating Plant, Units 1 and 2
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued
exemptions in response to an October 31, 2019, request from Southern
Nuclear Operating Company (SNC). The exemptions would allow SNC to
submit changes to the Quality Assurance Topical Report that do not
reduce commitments on a 24-month calendar schedule.
DATES: The exemption was issued on March 12, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0068 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0068. Address
questions about NRC docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The exemption request dated October
31, 2019, ``Quality Assurance Topical Report Submittal Request for
Schedular Exemption--10 CFR 50.54(a)(3)'' is available in ADAMS under
Accession No. ML19304C213.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
[[Page 15507]]
FOR FURTHER INFORMATION CONTACT: John G. Lamb, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC
20555-0001; telephone: 301-415-3100, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated at Rockville, Maryland, this 13th day of March, 2020.
For the Nuclear Regulatory Commission.
John G. Lamb,
Senior Project Manager, Plant Licensing Branch II-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment Exemption
Nuclear Regulatory Commission
Docket Nos. 50-348, 50-364, 50-321, 50-366, 50-424, and 50-425,
Southern Nuclear Operating Company, Joseph M. Farley Nuclear Power
Plant, Units Nos. 1 and 2; Edwin I. Hatch Nuclear Plant, Units Nos. 1
and 2; and Vogtle Electric Generating Plant, Unit Nos. 1 and 2,
Exemption
I. Background
Southern Nuclear Operating Company (SNC, the licensee) is the
holder of the Renewed Facility Operating Licenses (RFOLs) Nos. NPF-2
and NPF-8 for Joseph M. Farley Nuclear Plant, Unit Nos. 1 and 2
(Farley), which consist of two pressurized-water reactors (PWRs)
located in Houston County, Alabama; DPR-57 and NPF-5 for Edwin I. Hatch
Nuclear Plant, Unit Nos. 1 and 2 (Hatch), which consist of two boiling-
water reactors (BWRs) located in Appling County, Georgia; and NPF-68
and NPF-81 for Vogtle Electric Generating Plant, Unit Nos. 1 and 2
(Vogtle), which consist of two PWRs located in Burke County, Georgia.
The RFOLs provide, among other things, that the facilities are subject
to all the rules, regulations, and orders of the U.S. Nuclear
Regulatory Commission (NRC, Commission) now or hereafter in effect.
II. Request/Action
Title 10 of the Code of Federal Regulations (10 CFR), Section
50.54(a)(3), requires that changes to the quality assurance program
description that do not reduce commitments must be submitted to the NRC
in accordance with the reporting requirements of 10 CFR 50.71(e).
The regulation at 10 CFR 50.71(e)(4) requires that revisions to the
final safety analysis report (FSAR) be submitted annually or six months
after a refueling outage, provided the interval between updates does
not exceed 24 months. SNC's exemption request proposes that changes to
the quality assurance program that do not reduce commitments be
submitted on a 24-month calendar schedule, not to exceed 24 months from
the previous submittal. The exemptions would apply to each of the
plants identified above.
III. Discussion
Pursuant to 10 CFR 50.12, the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions from
the requirements of 10 CFR part 50 when (1) the exemptions are
authorized by law, will not present an undue risk to public health and
safety, and are consistent with the common defense and security; and
(2) any of the special circumstances listed in 10 CFR 50.12(a)(2) are
present. The special circumstances as stated in 10 CFR 50.12(a)(2),
include, among other things that ``Application of the regulation in the
particular circumstances would not serve the underlying purpose of the
rule or is not necessary to achieve the purpose of the rule.''
Operational quality assurance programs are generally described in
Chapter 17.2 of a licensee's Updated Safety Analysis Report (USAR) or,
alternately, in a topical report incorporated into the USAR by
reference. SNC's quality assurance program, described in the Quality
Assurance Topical Report (QATR), is common to the 6 units requesting
the exemptions. Compliance with 10 CFR 50.54(a)(3) and 10 CFR
50.71(e)(4) would require these changes to be submitted annually or
after a refueling outage for each of the licensee's units.
A. The Exemption Is Authorized by Law
In accordance with 10 CFR 50.12, the NRC may grant an exemption
from the requirements of 10 CFR part 50, if the exemption is authorized
by law. As stated in 10 CFR 50.71(e)(4), subsequent revisions of the
FSAR must be filed annually or 6 months after each refueling outage
provided the interval between successive updates does not exceed 24
months.
SNC stated that changes to the QATR will be reviewed through the
existing applicable administrative and programmatic control processes
to ensure QATR changes are evaluated and implemented properly.
Therefore, the NRC staff finds that the alternative reporting cycle of
24 months for submitting QATR changes specified under 10 CFR
50.54(a)(3) provides adequate control. Further, the exemptions propose
that changes to the quality assurance program that do not reduce
commitments be submitted on a 24-month calendar schedule, not to exceed
the 24-month limit specified in 10 CFR 50.71(e)(4). Therefore, the NRC
staff finds that this exemption request is authorized by law, because
granting the licensee's proposed exemptions will not result in a
violation of the Atomic Energy Act of 1954, as amended, or the
Commission's regulations.
B. The Exemption Presents No Undue Risk to Public Health and Safety
The licensee stated that the proposed exemptions will not alter the
manner in which changes to the common QATR are evaluated and that there
is no reduction in commitment. SNC stated that changes to the QATR will
be reviewed through the existing applicable administrative and
programmatic control processes to ensure that QATR changes are
evaluated and implemented properly. The regulation 10 CFR 50.54(a)(3)
requires licensees to provide their QATRs periodically per 10 CFR
50.71(e) to assure that the NRC has the latest material developed by
SNC. In 10 CFR 50.71(e)(4), the NRC has determined that an update
frequency not to exceed 24 months between successive updates to be
acceptable for periodic submissions of the QATR. The exemptions propose
that changes to the QATR that do not reduce commitments be submitted on
a 24-month calendar schedule, not to exceed 24 months from the previous
submittal. Therefore, the NRC staff finds that the proposed exemptions
provide an equivalent level of protection to the existing requirements.
Further, QA Program changes that are not considered to be reductions in
commitment involve, among other things, administrative improvements and
clarifications, spelling corrections, punctuation, or editorial items.
Therefore, the NRC staff finds that the changes specified in 10 CFR
50.54(a)(3) are administrative and routine in nature.
Also, based on its review of the exemption request, the NRC staff
concludes that the requested exemptions would not result in any
significant reduction in the effectiveness of the QA program
implemented by SNC. Based on the foregoing reasons, the NRC staff
concludes that the proposed exemption would not present an undue risk
to the public health and safety.
C. The Exemption Is Consistent With the Common Defense and Security
This exemption requests periodic updates of the SNC QATR to be
[[Page 15508]]
submitted every 24 months, not to exceed 24 months from the previous
submittal. Upon issuance of the exemptions, the regulatory requirement
that an update be submitted annually or within six months following
each plant's refueling outage would not be retained. Since the
underlying intent of the regulation is to ensure that QATR changes that
do not reduce the level of commitment are periodically submitted to the
NRC, and the required schedule per 10 CFR 50.71(e)(4) allows for 24
months between periodic submittals, the NRC staff finds that processing
more frequent changes to the common QATR is not an effective or
efficient allocation of resources nor is it necessary to achieve the
purpose of the rule. Moreover, as noted above, the proposed exemptions
provide an equivalent level of protection to the existing regulation in
that changes to the QATR that do not reduce commitments must be
submitted on a schedule not to exceed 24 months of the SNC QATR from
the previous submittal. Therefore, the common defense and security are
not affected by this exemption request.
D. Special Circumstances
The regulation under 10 CFR 50.12(a)(2) states, in part, that
``[t]he Commission will not consider granting an exemption unless
special circumstances are present,'' and identifies, in 10 CFR
50.12(a)((i)-(vi), when special circumstances are present. The NRC
staff determined that special circumstances are present. Special
circumstances, in accordance with 10 CFR 50.12(a)(ii), are present
whenever application of the regulation in the particular circumstances
would not serve the underlying purpose of the rule or is not necessary
to achieve the underlying purpose of the rule.
As stated in 10 CFR 50.71(e)(4), subsequent revisions to the FSAR
must be filed annually or 6 months after each refueling outage provided
the interval between successive updates does not exceed 24 months. The
underlying purpose of the rule is to ensure that periodic submittals
required under 10 CFR 50.54(a)(3) would allow the NRC staff to provide
regulatory oversight to changes to the licensee's QA program, and to
ensure that the changes are consistent with the regulations. The
exemptions requested by SNC only extend the reporting period, and do
not exceed the 24-month time period between successive updates
established by 10 CFR 50.71(e). Thus, SNC would still provide updates
of their QATR to the NRC periodically every 24 months, allowing
periodic NRC oversight of changes to the licensee's QA program.
Therefore, the NRC staff finds that application of the regulation in
this particular circumstance is not necessary to achieve the underlying
purpose of the rule.
Accordingly, the NRC staff concludes that, pursuant to 10 CFR
50.12(a)(2)(ii), special circumstances are present.
E. Environmental Considerations
Pursuant to 10 CFR 51.22(b) and 10 CFR 51.22(c)(25), the granting
of an exemption from the requirements of any regulation in Chapter I of
10 CFR meets the eligibility criteria for categorical exclusion
provided that: (1) There is no significant hazards consideration; (2)
there is no significant change in the types or significant increase in
the amounts of any effluents that may be released offsite; (3) there is
no significant increase in individual or cumulative public or
occupational radiation exposure; (4) there is no significant
construction impact; (5) there is no significant increase in the
potential for or consequences from radiological accidents; and (6) the
requirements from which an exemption is sought are among those
identified in 10 CFR 51.22(c)(25)(vi), including requirements of an
administrative, managerial, or organizational nature.
There Is No Significant Hazards Consideration
The criteria for determining whether an action involves a
significant hazards consideration are found in 10 CFR 50.92. The
proposed exemptions involve only a schedule change regarding the
submission of an update to the QATR. The proposed exemptions do not
adversely affect plant equipment, operation, or procedures. Therefore,
there are no significant hazard considerations, because granting the
exemptions would not: (1) Involve a significant increase in the
probability or consequences of an accident previously evaluated; or (2)
create the possibility of a new or different kind of accident from any
accident previously evaluated; or (3) involve a significant reduction
in a margin of safety.
There Is No Significant Change in the Types or Significant Increase in
the Amounts of Any Effluents That May Be Released Offsite
The proposed action involves only a schedule change, which is
administrative in nature, and does not involve any changes in the types
or significant increase in the amounts of any effluents that may be
released offsite.
There Is No Significant Increase in Individual or Cumulative Public or
Occupational Radiation Exposure
Since the proposed action involves only a schedule change, which is
administrative in nature, it does not contribute to any significant
increase in occupational or public radiation exposure.
There Is No Significant Construction Impact
Since the proposed action involves only a schedule change, which is
administrative in nature, it does not involve any construction impact.
There Is No Significant Increase In the Potential For or Consequences
From Radiological Accidents
The proposed action involves only a schedule change, which is
administrative in nature and does not impact the potential for or
consequences from accidents.
The Requirements From Which the Exemption Is Sought Involve
Requirements That are Administrative in Nature
The proposed action involves scheduling requirements and other
requirements of an administrative, managerial, or organizational
nature, because it is associated with the schedule submittal
requirements contained in 10 CFR 50.54(a)(3), and 10 CFR 50.71(e)(4),
which require that the QATR be filed annually or six months after each
refueling outage, provided the interval between successive updates does
not exceed 24 months.
Based on the above, NRC finds that the exemptions meet the
eligibility criteria for the categorical exclusion set forth in 10 CFR
51.22(c)(25). Therefore, in accordance with 10 CFR 51.22(b), no
environmental impact statement or environmental assessment need be
prepared in connection with this exemption request.
IV. Conclusions
Accordingly, the Commission has determined that pursuant to 10 CFR
part 50.12, the exemptions are authorized by law, will not present an
undue risk to the public health and safety, and are consistent with the
common defense and security. Also, special circumstances are present.
Therefore, the Commission hereby grants the licensee exemptions from
the requirements of 10 CFR 50.54(a)(3) and 10 CFR 50.71(e)(4) for the
Farley, Hatch, and Vogtle plants.
The exemptions are effective upon issuance.
[[Page 15509]]
Dated at Rockville, Maryland, this 11th day of March 2020.
For the Nuclear Regulatory Commission.
/RA/
Craig G. Erlanger, Director,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2020-05646 Filed 3-17-20; 8:45 am]
BILLING CODE 7590-01-P