[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Notices]
[Pages 13154-13157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04232]
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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; issuance and opportunity to request
a hearing and petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued
License Amendment No. 190 to Combined License (COL) NPF-91. The COL
amendment involved changes to Vogtle Electric Generating Plant (VEGP),
Unit 3, COL Appendix A, Technical Specifications (TS). The amendment
involved changes to remove operability requirements prior to initial
criticality for (1) the In-containment Refueling Water Storage Tank
(IRWST) in Mode 5 (TS 3.5.7) and Mode 6 (TS 3.5.8), and (2) various
Protection and Safety Monitoring System and Diverse Actuation System
(DAS) automatic and/or manual actuation signals that initiate IRWST,
Automatic Depressurization System (ADS) stage 4, and Chemical and
Volume Control System (CVS) letdown isolation valves in Modes 5 and 6.
These changes allow disabling the IRWST injection and recirculation
function during the repair activities on VEGP Unit 3 IRWST injection
isolation valve 3-PXS-V123A. Southern Nuclear Operating Company, Inc.,
(SNC) is licensed to operate VEGP, Unit 3, located in Burke County,
Georgia.
DATES: The amendment was issued on February 8, 2023. A request for a
hearing or petition for leave to intervene must be filed by May 1,
2023.
ADDRESSES: 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 Website: Go to https://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 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 ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an
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appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: William (Billy) Gleaves, Vogtle
Project Office, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-5848; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
With the requested amendment, SNC sought proposed changes to COL,
Appendix A, TSs in an application dated January 31, 2023 (ADAMS
Accession No. ML23031A359), titled, ``Exigent License Amendment
Request: Technical Specification Exceptions for In-containment
Refueling Water Storage Tank Operability Prior to Initial
Criticality,'' designated as license amendment request (LAR) 23-004.
Specifically, the changes add notes (and footnotes) to modify the Modes
5 and 6 operability requirements for the IRWST injection and
recirculation flow paths, the IRWST and ADS Stage 4 actuation
instrumentation and controls, and the CVS automatic isolation function
so that they would not be required to be operable in Modes 5 and 6
prior to initial criticality of the core. Specifically, the licensee
proposed revising the Applicability of the Limiting Condition for
Operation (LCO) for the following LCOs:
(1) LCO 3.3.8, ``Engineered Safety Feature Actuation System (ESFAS)
Instrumentation,'' Table 3.3.8-1:
(a) Function 14, ``RCS Wide Range Pressure--Low,''
(b) Function 16, ``CMT [Core Makeup Tank] Level--Low 6,'' and
(c) Function 18, ``IRWST Lower Narrow Range Level--Low 3'';
(2) LCO 3.3.9, ``ESFAS Manual Initiation,'' Table 3.3.9-1:
(a) Function 7, ``ADS Stage 4 Actuation--Manual Initiation,''
(b) Function 12, ``In-Containment Refueling Water Storage Tank
(IRWST) Injection Line Valve Actuation--Manual Initiation,'' and
(c) Function 13, ``IRWST Containment Recirculation Valve
Actuation--Manual Initiation'';
(3) LCO 3.3.10, ``ESFAS Reactor Coolant System (RCS) Hot Leg Level
Instrumentation,'' Table 3.3.10-1:
(a) Function 1, ``Hot Leg Level--Low 4,'' and
(b) Function 2, ``Hot Leg Level--Low 2'';
(4) LCO 3.3.19, ``DAS Manual Controls'':
(a) Function 7, ``ADS stage 4 valves,''
(b) Function 8, ``IRWST injection squib valves,'' and
(c) Function 9, ``Containment recirculation valves'';
(5) LCO 3.3.20, ``ADS and IRWST Injection Blocking Device,'' Table
3.3.20-1:
(a) Function 2, ``ADS and IRWST Injection Block Switches for Manual
Unblocking'';
(6) LCO 3.5.7, ``IRWST--Shutdown, MODE 5'';
(7) LCO 3.5.8, ``IRWST--Shutdown, MODE 6'';
(8) LCO 3.3.16, ``ESFAS Actuation Logic--Shutdown.''
For items one through five previously listed, the Modes 5 and 6
Applicability for each of the instrument channel actuation functions
would be modified by a footnote that states, ``For Unit 3 only, not
required to be OPERABLE prior to initial criticality.'' For items six
and seven previously listed, the licensee's proposed changes would
modify the Applicability for Modes 5 and 6 for the IRWST by adding a
note to LCOs 3.5.7 and 3.5.8 that states, ``For Unit 3 only, not
required to be OPERABLE prior to initial criticality.'' Similarly, for
LCO 3.3.16 (item eight), the proposed changes would rename the current
``NOTE'' to be ``NOTES,'' number the current note to be ``1.'' and add
a note ``2.'' that states, ``For Unit 3 only, ESF Actuation Function
for ADS Stage 4 flow paths, In-containment Refueling Water Storage Tank
injection and recirculation flow paths, and CVS letdown isolation
valves, not required to be OPERABLE prior to initial criticality.''
The NRC has issued License Amendment No. 190 to COL NPF-91 for
VEGP, Unit 3. The NRC letter to SNC, the safety evaluation, and the
amendment document are available in ADAMS under Package Accession No.
ML23037A082.
II. Notice of Issuance of Amendment to Combined License, Final
Determination of No Significant Hazards Consideration and Opportunity
for a Hearing (Exigent Circumstances)
By letter dated January 31, 2023, SNC requested that the NRC amend
COL NPF-91 for VEGP, Unit 3. The Commission has issued the amendment,
which is described in section I of this Federal Register notice.
The Commission has determined for this amendment that the
application for the amendment complies with the standards and
requirements of the Atomic Energy Act of 1954 (the Act), as amended,
and the Commission's rules and regulations. The 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.
There were exigent circumstances associated with the date the
amendment was needed, in that the Commission and the licensee had to
act quickly, and time did not permit the Commission to publish before
issuance its usual notice of consideration of issuance of amendment,
proposed no significant hazards consideration (NSHC) determination and
opportunity for public comment, and opportunity for a hearing. The
Commission did publish a local media notice in The Augusta Chronicle on
February 5 and 6, 2023, that provided notice of the licensee's proposed
amendment and the proposed NSHC determination and provided a reasonable
opportunity for public comment. The Commission was able to consult the
State official before issuance. The State of Georgia had no comment.
Under its regulations, the Commission may issue and make an
amendment immediately effective, notwithstanding the pendency before it
of a request for a hearing from any person, in advance of the holding
and completion of any required hearing, where it has determined that
NSHC is involved. The Commission has applied the standards of 10 CFR
50.92, ``Issuance of amendment,'' and has made a final determination
that the amendment involves NSHC. The basis for this determination is
contained in the NRC documents listed in section I of this notice.
Accordingly, the amendment has been issued and made effective as
indicated. Because the amendment was issued in exigent circumstances
without prior notice of an opportunity for hearing, the Commission is,
with this notice, providing an opportunity for hearing on the
amendment. A request for a hearing or petition for leave to intervene
must be filed by May 1, 2023, as discussed later in this notice.
The Commission has determined that the amendment satisfies the
criteria for categorical exclusion in accordance with 10 CFR 51.22.
Therefore, pursuant to 10 CFR 51.22(b), no environmental impact
statement or environmental assessment needs to be prepared for this
amendment.
For further details with respect to this action, including the
Commission's final NSHC determination or discussion of exigent
circumstances, see the amendment and associated documents such as the
Commission's letter and
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safety evaluation, which are referenced in section I of this notice.
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and a petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's public website at
https://www.nrc.gov/reading-rm/doc-collections/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 ``Electronic Submissions (E-Filing)'' section of this document.
Petitions and motions for leave to file new or amended contentions that
are filed after the 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)
through (iii).
A State, local governmental body, Federally recognized Indian
Tribe, or designated agency thereof, may submit a petition to the
Commission 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, Federally recognized
Indian Tribe, or agency thereof may participate as a non-party under 10
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?AccessionNumber=ML20340A053) and the NRC's public website at
https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including
documents filed by an interested State, local governmental body,
Federally recognized 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 requires
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 NRC''
(ADAMS Accession No. ML13031A056) and on the NRC's public website at
https://www.nrc.gov/site-help/e-submittals.html.
To comply with the procedural requirements of E-Filing, at least 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 (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 Secretary that the participant will be submitting a petition or
other adjudicatory document (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 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 website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is 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. ET on the due date. Upon 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 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 document on those
participants separately. Therefore, applicants and other participants
(or their 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.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://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 Electronic Filing Help Desk is available 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
submitting documents electronically must file an exemption request, in
accordance with 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 paper
format. Such filings must be submitted in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving 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 2.302(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
NRC's 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, click ``cancel'' when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include 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 for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants
should not include copyrighted materials in their submission.
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V. Conclusion
For the reasons set forth in the safety evaluation, the NRC staff
issued the amendment that SNC requested on February 8, 2023, as part of
a package to SNC.
Dated: February 24, 2023.
For the Nuclear Regulatory Commission.
Victor E. Hall,
Director, Vogtle Project Office, Office of Nuclear Reactor Regulation.
[FR Doc. 2023-04232 Filed 3-1-23; 8:45 am]
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