[Federal Register Volume 80, Number 131 (Thursday, July 9, 2015)]
[Notices]
[Pages 39454-39458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16796]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 052-00025 and 052-00026; NRC-2008-0252]
Vogtle Electric Generating Station, Units 3 and 4
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to comment, request
a hearing, and petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an amendment to Combined Licenses (NPF-91 and NPF-92),
issued to Southern Nuclear Operating Company, Inc. (SNC), Georgia Power
Company, Oglethorpe Power Corporation, MEAG Power SPVM, LLC., MEAG
Power SPVJ, LLC., MEAG POWER SPVP, LLC., and the City of Dalton,
Georgia (together ``the licensees''), for construction and operation of
the Vogtle Electric Generating Plant (VEGP), Units 3 and 4, located in
Burke County, Georgia.
The proposed amendment departs from Tier 2* and associated Tier 2
information in the VEGP Units 3 and 4 Updated Final Safety Analysis
Report (UFSAR) (which includes the plant specific Design Control
Document Tier 2 information) to revise the application of welding
codes. An initial Federal Register notice was published on June 9,
2015, providing an opportunity to comment, request a hearing, and
petition for leave to intervene for a License Amendment Request (LAR)
for the VEGP combined licenses. The licensee has submitted a revision
to the original LAR, dated May 26, 2015. This new revision increases
the scope of the original LAR.
DATES: Submit comments by August 10, 2015. Requests for a hearing or
petition for leave to intervene must be filed by September 8, 2015.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0252. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Mail comments to: Cindy Bladey, Office of Administration,
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
[[Page 39455]]
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Chandu Patel, Office of New Reactors,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-415-3025; email: [email protected].
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
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0252.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then 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
application for amendment, dated June 29, 2015, is available in ADAMS
under Accession No. ML15181A078.
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.
B. Submitting Comments
Please include Docket ID NRC-2008-0252 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
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 disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment submissions into ADAMS.
Introduction
The NRC is considering issuance of an amendment to Facility
Operating License Nos. NPF-91 and NPF-92, issued to Southern Nuclear
Operating Company, Inc. (SNC), Georgia Power Company, Oglethorpe Power
Corporation, MEAG Power SPVM, LLC, MEAG Power SPVJ, LLC., MEAG POWER
SPVP, LLC., and the City of Dalton, Georgia for operation of the Vogtle
Electric Generating Plant Units 3 and 4, located in Burke County,
Georgia.
The proposed amendment departs from Tier 2* and associated Tier 2
information in the VEGP Units 3 and 4 UFSAR (which includes the plant
specific Design Control Document Tier 2 information) to revise the
application of American Institute for Steel Construction (AISC) N690-
1994, Specification for the Design, Fabrication and Erection of Steel
Safety Related Structures for Nuclear Facilities, to allow use of
American Welding Society (AWS) D1.1-2000, Structural Welding Code--
Steel, in lieu of the AWS D1.1-1992 edition identified in AISC N690-
1994.
Before any issuance of the proposed license amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and NRC's regulations.
The NRC has made a proposed determination that the license
amendment request involves no significant hazards consideration. Under
the NRC's regulations in Sec. 50.92 of Title 10 of the Code of Federal
Regulations (10 CFR), this means that operation of the facility in
accordance with the proposed amendment 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. As required
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue
of no significant hazards consideration, which is presented below:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The design functions of the nuclear island structures are to
provide support, protection, and separation for the seismic Category
I mechanical and electrical equipment located in the nuclear island.
The nuclear island structures are structurally designed to meet
seismic Category I requirements as defined in Regulatory Guide 1.29.
The design functions of the seismic Category II portions of the
annex building and turbine building are to provide integrity for
non-seismic items located in the proximity of safety-related items,
the failure of which during a safe shutdown earthquake could result
in loss of function of safety-related items.
The use of AWS D1.1-2000 and the supplemental provisions provide
criteria for the design, qualification, fabrication, and inspection
of welds for nuclear island structures and seismic Category II
portions of the annex building and turbine building. These
structures continue to meet the applicable portions of ACI 349, the
remaining applicable portions of AISC N690 not related to
requirements for welding, including the supplemental requirements
described in UFSAR Subsections 3.8.4.4.1 and 3.8.4.5, and the
supplemental requirements identified in the UFSAR Subsection 3.8.3
for structural modules. The use of AWS D1.1-2000 does not have an
adverse impact on the response of the nuclear island structures, or
seismic Category II portions of the annex building and turbine
building to safe shutdown earthquake ground motions or loads due to
anticipated transients or postulated accident conditions. The change
does not impact the support, design, or operation of mechanical and
fluid systems. There is no change to plant systems or the response
of systems to postulated accident conditions. There is no change to
the predicted radioactive releases due to normal operation or
postulated accident conditions. The plant response to previously
evaluated accidents or external events is not adversely affected,
nor does the change described create any new accident precursors.
Therefore, the proposed amendment does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed change includes the use of AWS D1.1-2000 and
supplemental provisions to provide criteria for the design,
qualification, fabrication, and inspection of welds for nuclear
island structures and the seismic Category II portions of the annex
building and turbine building. The proposed change provides a
consistent set of requirements for welding of structures required to
be designed to the requirements of ACI 349 and AISC N690. The change
to the details does not change the design function, support, design,
or operation of mechanical and fluid systems. The change to the
welding criteria does not result in a new failure mechanism for the
pertinent structures or new accident precursors. As a result, the
design function of the structures
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is not adversely affected by the proposed change.
Therefore, the proposed amendment does not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The AWS codes are consensus standards written, revised, and
approved by industry experts experienced in welding and weld design.
The proposed change adds AWS D1.1-2000 to the list of applicable
codes and standards in the UFSAR and adds supplemental provisions
consistent with AWS D1.1-2010. The 2000 edition includes criteria
that consider directionality in the weld, which allows for an
increase factor on structural fillet weld strength relative to the
angle of load direction. Supplemental provisions are added to the
provisions in AWS D1.1-2000 for the application of directionality
for linear fillet weld groups concentrically loaded in-plane to the
axis of the weld that include elements oriented both longitudinally
and transversely to the direction of applied load to address
deformation of the welds. The change also specifies extension of the
application of directionality provisions to linear and
concentrically loaded rectangular and circular fillet weld groups
loaded out-of-plane to the axis of the weld to supplement the
conditions specified in AWS D1.1. These changes are supported by
tests that provide the justification for criteria that consider the
directionality. These changes can be similarly applied to welds in
the AP1000 to continue to provide the necessary safety margin.
Therefore, the proposed amendment does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
license amendment request involves a No Significant Hazards
Consideration.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves no significant hazards
consideration. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no
significant hazards consideration. In addition, the Commission may
issue the amendment prior to the expiration of the 30-day comment
period should circumstances change during the 30-day comment period
such that failure to act in a timely way would result, for example, in
derating or shutdown of the facility. Should the Commission take action
prior to the expiration of either the comment period or the notice
period, it will publish in the Federal Register a notice of issuance.
Should the Commission make a final No Significant Hazards Consideration
Determination, any hearing will take place after issuance. The
Commission expects that the need to take this action will occur very
infrequently.
II. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this Federal
Register notice, any person whose interest may be affected by this
proceeding and who desires to participate as a party in the proceeding
must file a written request for hearing or a petition for leave to
intervene specifying the contentions which the person seeks to have
litigated in the hearing with respect to the license amendment request.
Requests for hearing and petitions for leave to intervene shall be
filed in accordance with the NRC's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested person(s) should consult a
current copy of 10 CFR 2.309, which is available at the NRC's PDR. The
NRC's regulations are accessible electronically from the NRC Library on
the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
As required by 10 CFR 2.309, a request for hearing or petition for
leave to intervene must set forth with particularity the interest of
the petitioner in the proceeding and how that interest may be affected
by the results of the proceeding. The hearing request or petition must
specifically explain the reasons why intervention should be permitted,
with particular reference to the following general requirements: (1)
The name, address, and telephone number of the requestor or petitioner;
(2) the nature of the requestor's/petitioner's right under the Act to
be made a party to the proceeding; (3) the nature and extent of the
requestor's/petitioner's property, financial, or other interest in the
proceeding; and (4) the possible effect of any decision or order which
may be entered in the proceeding on the requestor's/petitioner's
interest. The hearing request or petition must also include the
specific contentions that the requestor/petitioner seeks to have
litigated at the proceeding.
For each contention, the requestor/petitioner must provide a
specific statement of the issue of law or fact to be raised or
controverted, as well as a brief explanation of the basis for the
contention. Additionally, the requestor/petitioner must demonstrate
that the issue raised by each contention is within the scope of the
proceeding and is material to the findings that the NRC must make to
support the granting of a license amendment in response to the
application. The hearing request or petition must also include a
concise statement of the alleged facts or expert opinion that support
the contention and on which the requestor/petitioner intends to rely at
the hearing, together with references to those specific sources and
documents. The hearing request or petition must provide sufficient
information to show that a genuine dispute exists with the applicant on
a material issue of law or fact, including references to specific
portions of the application for amendment that the petitioner disputes
and the supporting reasons for each dispute. If the requestor/
petitioner believes that the application for amendment fails to contain
information on a relevant matter as required by law, the requestor/
petitioner must identify each failure and the supporting reasons for
the requestor's/petitioner's belief. Each contention must be one which,
if proven, would entitle the requestor/petitioner to relief. A
requestor/petitioner who does not satisfy these requirements for at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC's regulations, policies, and procedures. The Atomic
Safety and Licensing Board will set the time and place for any
prehearing conferences and evidentiary hearings, and the appropriate
notices will be provided.
Hearing requests or petitions for leave to intervene must be filed
no later than 60 days from the date of publication of this notice.
Requests for hearing, petitions for leave to intervene, and motions for
leave to file new or amended contentions that are filed after the 60-
day deadline will not be entertained absent a determination by the
presiding officer that the filing demonstrates good cause by satisfying
the three factors in 10 CFR 2.309(c)(1)(i)-(iii).
[[Page 39457]]
If a hearing is requested, the Commission will make a final
determination on the issue of no significant hazards consideration. The
final determination will serve to decide when the hearing is held. If
the final determination is that the amendment request involves no
significant hazards consideration, the Commission may issue the
amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendment. If the final determination is that the amendment
request involves a significant hazards consideration, then any hearing
held would take place before the issuance of any amendment unless the
Commission finds an imminent danger to the health or safety of the
public, in which case it will issue an appropriate order or rule under
10 CFR part 2.
III. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139;
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory documents over the internet, or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten 10 days prior to the filing deadline, the participant should
contact the Office of the Secretary by email at [email protected],
or by telephone at 301-415-1677, to request (1) a digital
identification (ID) certificate, which allows the participant (or its
counsel or representative) to digitally sign documents and access the
E-Submittal server for any proceeding in which it is participating; and
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the agency's public Web
site at http://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC's public
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to
[email protected], or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland, 20852, Attention: Rulemaking and Adjudications Staff.
Participants filing a document in this manner are responsible for
serving the document on all other participants. Filing is considered
complete by first-class mail as of the time of deposit in the mail, or
by courier, express mail, or expedited delivery service upon depositing
the document with the provider of the service. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information.
However, in some instances, a request to intervene will
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require including information on local residence in order to
demonstrate a proximity assertion of interest in the proceeding. With
respect to copyrighted works, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
For further details with respect to this action, see the
application for license amendment dated May 26, 2015.
Attorney for licensee: Ms. Kathryn M. Sutton, Morgan, Lewis &
Bockius LLC, 1111 Pennsylvania Avenue NW., Washington, DC 20004-2514.
NRC Branch Chief: Paul Kallan.
Dated at Rockville, Maryland, this 1st day of July 2015.
For the Nuclear Regulatory Commission.
Paul Kallan,
Acting Branch Chief, Licensing Branch 4, Division of New Reactor
Licensing, Office of New Reactors.
[FR Doc. 2015-16796 Filed 7-8-15; 8:45 am]
BILLING CODE 7590-01-P