Southern Nuclear Operating Company, Inc; Vogtle Electric Generating Plant, Units 1 and 2
| Published date | 09 August 2021 |
| Citation | 86 FR 43567 |
| Record Number | 2021-16899 |
| Section | Notices |
| Court | Nuclear Regulatory Commission |
43567
Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Notices
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Susan Akers,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2021–16892 Filed 8–6–21; 8:45 am]
BILLING CODE 4410–15–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–424 and 50–425; NRC–
2021–0086]
Southern Nuclear Operating Company,
Inc; Vogtle Electric Generating Plant,
Units 1 and 2
AGENCY
: Nuclear Regulatory
Commission.
ACTION
: Exemptions; issuance.
SUMMARY
: The U.S. Nuclear Regulatory
Commission (NRC) has issued
exemptions from certain portions of the
acceptance criteria for emergency core
cooling systems to allow the use of a
risk-informed methodology in lieu of a
deterministic methodology to evaluate
the effects of debris in containment
following a loss-of-coolant accident for
the Vogtle Electric Generating Plant,
Units 1 and 2 (Vogtle), located in Burke
County, Georgia. The exemptions are in
response to a request dated August 17,
2020, as supplemented by letters dated
December 17, 2020, and February 15,
2021, from the Southern Nuclear
Operating Company, Inc. (SNC, the
licensee).
DATES
: The exemptions were issued on
July 30, 2021.
ADDRESSES
: Please refer to Docket ID
NRC–2021–0086 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–2021–0086. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. 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 pdr.resource@
nrc.gov. For the convenience of the
reader, instructions about obtaining
materials referenced in this document
are provided in the ‘‘Availability of
Documents’’ section.
•Attention: The PDR, where you may
examine and order copies of public
documents, is currently closed. You
may submit your request to the PDR via
email at pdr.resource@nrc.gov or call 1–
800–397–4209 or 301–415–4737,
between 8:00 a.m. and 4:00 p.m. (ET),
Monday through Friday, except Federal
holidays.
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:
John.Lamb@nrc.gov.
SUPPLEMENTARY INFORMATION
: The text of
the exemptions is attached.
Dated: August 3, 2021.
For the Nuclear Regulatory Commission.
John G. Lamb,
Senior Project Manager, Plant Licensing
Branch 2–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
Attachment—Exemption
NUCLEAR REGULATORY
COMMISSION
Docket Nos. 50–424 and 50–425
Southern Nuclear Operating Company,
Inc. Vogtle Electric Generating Plant,
Units 1 and 2 Exemptions
I. Background
Southern Nuclear Operating
Company, Inc. (SNC, the licensee) is the
holder of Renewed Facility Operating
License Nos. NPF–68 and NPF–81,
which authorize operation of Vogtle
Electric Generating Plant (Vogtle), Units
1 and 2, respectively. The licenses
provide, among other things, that the
facility is subject to all applicable rules,
regulations, and orders of the U.S.
Nuclear Regulatory Commission (NRC,
the Commission) now or hereafter in
effect. The facility consists of two
pressurized-water reactors (PWRs)
located in Burke County, Georgia.
In 1996, the NRC identified Generic
Safety Issue (GSl)-191 associated with
the effects of debris accumulation on
PWR sump performance during design-
basis accidents (Agencywide Documents
Access and Management System
(ADAMS) Accession No.
ML030160807). As part of the actions to
resolve GSl-191, the NRC issued Generic
Letter (GL) 2004–02, ‘‘Potential Impact
of Debris Blockage on Emergency
Recirculation during Design Basis
Accidents at Pressurized-Water
Reactors,’’ dated September 13, 2004
(ADAMS Accession No. ML042360586),
to holders of operating licenses for
PWRs. In GL 2004–02, the NRC staff
requested that these licensees perform
an evaluation of the emergency core
cooling system (ECCS) and the
containment spray system (CSS)
recirculation functions considering the
potential for debris-laden coolant to be
circulated by the ECCS and the CSS
after a loss-of-coolant accident (LOCA)
or high-energy line break inside
containment and, if appropriate, take
additional actions to ensure system
function. The GL required that these
licensees provide a written response to
the NRC, pursuant to title 10 of the Code
of Federal Regulations (10 CFR) section
50.54(f), describing the results of their
evaluation and any modifications made,
or planned, to ensure that the ECCS and
the CSS remain functional.
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II. Request/Action
By letter dated August 17, 2020
(ADAMS Accession No. ML20230A346),
as supplemented by letters dated
December 17, 2020, and February 15,
2021 (ADAMS Accession Nos.
ML20352A228 and ML21046A094,
respectively), SNC requested for the
NRC to grant exemptions under 10 CFR
50.12, ‘‘Specific exemptions,’’ from
certain requirements in 10 CFR 50.46,
‘‘Acceptance criteria for emergency core
cooling systems for light-water nuclear
power reactors,’’ for Vogtle, Units 1 and
2. The request for exemptions from SNC
relates to using a specific risk-informed
methodology to evaluate the effects of
debris on long-term core cooling in lieu
of a deterministic methodology.
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 the
public health and safety, and are
consistent with the common defense
and security and (2) special
circumstances are present. Under 10
CFR 50.12(a)(2)(ii), special
circumstances are present when
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. Under
10 CFR 50.12(a)(2)(iii), special
circumstances are present when
compliance would result in undue
hardship or other costs that are
significantly in excess of those
contemplated when the regulation was
adopted, or that are significantly in
excess of those incurred by others
similarly situated.
SNC submitted a request for
exemptions under 10 CFR 50.12 for
Vogtle, Units 1 and 2 from certain
requirements of 10 CFR 50.46(a)(1) as it
relates to using specific deterministic
methodology to evaluate the effects of
debris generated from breaks on long-
term core cooling. SNC stated that the
scope of the requested exemptions
applies to all debris effects addressed in
the risk-informed element of the Vogtle
methodology described in SNC’s July
2018 submittal responding to GL 2004–
02 (ADAMS Accession Nos.
ML18193B163 and ML18193B165). SNC
stated that the addressed debris effects
are those associated with breaks that
potentially generate and transport debris
amounts that exceed the Vogtle-specific
analyzed debris limit.
SNC is requesting exemptions related
to these breaks to allow evaluation of
the debris effects using a risk-informed
methodology in lieu of a deterministic
methodology. The licensee stated that
the key elements of the exemption
request are that (1) the exemptions will
apply only to the effects of debris as
described in Enclosures 2 and 3 of the
submittal dated July 2018 and (2) the
exemptions will apply to any breaks
that can generate and transport debris
that is not bounded by Vogtle-specific
analyzed debris limits, provided that the
delta core damage frequency (DCDF) and
delta large early release frequency
(DLERF) remain within the acceptance
guidelines identified as Region III in
Regulatory Guide (RG) 1.174, ‘‘An
Approach for Using Probabilistic Risk
Assessment in Risk-Informed Decisions
on Plant-Specific Changes to the
Licensing Basis,’’ Revision 3, dated
January 2018 (ADAMS Accession No.
ML17317A256).
By letter dated September 30, 2019,
‘‘Final Staff Evaluation for Vogtle
Electric Generating Plant, Units 1 and 2,
Systematic Risk-Informed Assessment of
Debris Technical Report’’ (ADAMS
Accession No. ML19120A469), the NRC
staff found that the subject technical
report enclosed with SNC’s July 2018
submittal was acceptable for use in
plant-specific licensing applications for
Vogtle in accordance with the
limitations and conditions section and
applicability provided in the enclosed
NRC staff evaluation. Except for
downstream effects—fuel and vessel,
and licensing basis, the NRC staff
concluded that the technical report
contained sufficient information to
address the information requested in GL
2004–02.
The NRC staff performed an
integrated review of the risk-informed
approach proposed to be used in lieu of
a deterministic methodology by the
requested exemptions, considering the
five key principles of risk-informed
decision-making set forth in RG 1.174.
The five key principles are: (1) The
proposed change meets the current
regulations unless it is explicitly relates
to a requested exemption; (2) the
proposed change is consistent with the
defense-in-depth philosophy; (3) the
proposed change maintains sufficient
safety margins; (4) when proposed
changes result in an increase in risk, the
increases should be small and
consistent with the intent of the
Commission’s policy statement on
safety goals for the operations of nuclear
power plants (51 FR 30028); and (5) the
impact of the proposed change should
be monitored using performance
measurement strategies.
The NRC staff finds that the proposed
risk-informed approach meets the five
key principles in RG 1.174. The
proposed risk-informed approach is
consistent with the defense-in-depth
philosophy, maintains sufficient safety
margins, and is monitored using
performance measurement strategies.
The proposed risk-informed approach
also explicitly relates to a requested
exemption. Finally, the Vogtle risk
evaluation results show that the risk
associated with post-accident debris
effects is within RG 1.174, Region Ill
acceptance guidelines as a ‘‘Very Small
Change,’’ and, therefore, is consistent
with the intent of the Commission’s
policy statement on safety goals for the
operations of nuclear power plants.
A. The Exemptions Are Authorized by
Law
The exemptions to use a risk-
informed methodology would allow
SNC to show compliance with 10 CFR
50.46(a)(1) when considering debris in
containment generated and transported
during a postulated LOCA. This
regulation was promulgated under
Section 161 of the Atomic Energy Act of
1954, as amended (AEA), and this
regulation is consistent with the
Commission’s authority under Section
161 of the AEA. Because the application
of a risk-informed methodology to show
compliance with 10 CFR 50.46 would
not violate the AEA or the
Commission’s regulations, the
exemptions are authorized by law.
B. The Exemptions Present No Undue
Risk to the Public Health and Safety
The provisions of 10 CFR 50.46
establish criteria for the ECCS
performance. SNC submitted a request
for exemptions under 10 CFR 50.12 for
Vogtle, Units 1 and 2 from certain
requirements of 10 CFR 50.46(a)(1) as it
relates to using specific deterministic
methodology to evaluate the effects of
debris generated from breaks on long-
term core cooling. The licensee justified
its requested exemptions by stating that
they are consistent with the purpose of
the requirements in that the use of the
proposed risk-informed approach would
account for the effects of debris on the
ECCS cooling performance and would
support a high probability of successful
ECCS performance, based on the risk
results meeting the acceptance
guidelines of RG 1.174. Additionally,
the licensee stated that the Vogtle, Units
1 and 2 risk quantification showed that
the changes in DCDF and DLERF are
below the threshold for RG 1.174,
Region Ill, ‘‘Very Small Changes,’’
without significant plant modifications.
The licensee stated that the proposed
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risk-informed approach would provide
an equivalent level of assurance for
sump performance without incurring
significant cost and occupational dose
associated with removing, replacing, or
reinforcing insulation in containment.
The NRC staff finds that the risk
associated with the requested
exemptions is consistent with the
guidance in RG 1.174 for the use of
probabilistic risk assessment and with
the Commission’s policy statement on
safety goals for the operations of nuclear
power plants; therefore, the requested
exemptions present no undue risk to the
public health and safety.
C. The Exemptions Are Consistent With
the Common Defense and Security
The requested exemptions would
allow the use of a risk-informed
methodology to allow SNC to resolve a
generic safety concern for PWRs
associated with the potential clogging of
the ECCS and CSS strainers during
certain design-basis events. The
proposed change would be adequately
controlled by safety acceptance criteria
and technical specification
requirements and is not related to
security issues. Because the common
defense and security is not impacted by
the requested exemptions, the requested
exemptions are consistent with the
common defense and security.
D. Special Circumstances Are Present
The requested exemptions from 10
CFR 50.46(a)(1) would allow SNC to use
a risk-informed methodology in lieu of
a deterministic methodology to show
conformance with the ECCS and CSS
performance criteria accounting for
debris in containment for LOCAs. In its
request, SNC cited the special
circumstances criteria of 10 CFR
50.12(a)(2)(ii) and (iii) and stated 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
underlying purpose of the rule and that
compliance would result in undue
hardship or other costs that are
significantly in excess of those
contemplated when the regulation was
adopted, or that are significantly in
excess of those incurred by others
similarly situated.
The licensee stated that the intent of
10 CFR 50.46(a)(1) is to ensure that
ECCS cooling performance design
requirements imposed by 10 CFR 50.46
are determined by a rigorous method
that provides a high level of confidence
in ECCS performance. SNC stated that
its proposed risk-informed approach
accounts for the effects of debris on the
ECCS cooling performance and supports
a high probability of successful ECCS
performance based on the risk results
meeting the acceptance guidelines of RG
1.174.
The licensee also stated that in order
to meet a deterministic threshold value
for sump debris loads, the debris
sources in containment would need to
be significantly reduced. SNC stated
that the amount of radiological exposure
received during the removal and/or
modification of insulation from the
Vogtle, Units 1 and 2 containments is
dependent on the scope of the changes.
The licensee stated that the expected
total dose for replacing insulation in
Vogtle, Units 1 and 2 is estimated
generically to be about 200 roentgen
equivalent man (rem) (100 rem per unit)
based on the South Texas Project pilot
submittal.
The licensee concluded that the
special circumstances described in 10
CFR 50.12(a)(2)(ii) and (iii) would apply
to its requested exemptions.
The NRC staff evaluated the
exemption request and summarized its
evaluation of the proposed risk-
informed approach in a safety
evaluation (ADAMS Accession No.
ML20268A070). Since 10 CFR
50.46(a)(1) requires a deterministic
approach, an exemption is an
appropriate means to grant the licensee
relief to use an alternative, risk-
informed approach. The underlying
purpose of the regulation is to protect
the public health and safety in the event
of a LOCA by establishing criteria for
the ECCS. In its safety evaluation, the
NRC staff concluded, in part, that the
licensee adequately demonstrated that
the change in risk attributable to debris
in postulated LOCAs is very small. The
NRC staff also concluded that the
licensee’s proposal for demonstrating
compliance with the ECCS and the CSS
performance requirements meets the
risk acceptance guidelines in RG 1.174,
because the approach is related to a
permissible exemption request, is
consistent with defense-in-depth
philosophy, maintains sufficient safety
margins, results in a small increase in
risk, and the impact of the approach is
monitored by the licensee using
performance measurement strategies.
Therefore, the NRC staff finds that the
licensee’s use of the proposed risk-
informed approach to consider the
impacts of debris meets the underlying
intent of 10 CFR 50.46 to ensure that a
licensee demonstrates that the ECCS
and the CSS will provide adequate
cooling for the reactor core and
containment, as well as containment
atmosphere cleanup, following
postulated design-basis accidents.
The NRC staff also finds that the
licensee demonstrated that using the
required deterministic approach as
opposed to the proposed risk-informed
approach would result in undue
hardship or other costs that are
significantly in excess of those
contemplated when the regulation was
adopted, or that are significantly in
excess of those incurred by others
similarly situated.
Based on the above, the NRC staff
concludes that the special
circumstances described in 10 CFR
50.12(a)(2)(ii) and (iii) are present for
the requested exemptions.
E. Environmental Considerations
The regulations in 10 CFR 51.21,
‘‘Criteria for and identification of
licensing and regulatory actions
requiring environmental assessments,’’
generally provide that NRC licensing
and regulatory actions require an
environmental assessment (EA) except
those identified in 10 CFR 51.20(b) as
requiring an environmental impact
statement, those identified in 10 CFR
51.22(c) as categorical exclusions, and
those identified in 10 CFR 51.22(d) as
other actions not requiring
environmental review. These
regulations also provide that the NRC
may, in special circumstances, prepare
an EA on an action covered by a
categorical exclusion. Typically,
exemptions are identified in 10 CFR
51.22(c) as categorical exclusions;
however, because the requested
exemptions propose a novel risk-
informed approach to the requirements
in 10 CFR 50.46(a)(1), the NRC staff
determined that special circumstances
were present and prepared an EA. As
discussed in the EA and the associated
Finding of No Significant Impact
published in the Federal Register on
April 7, 2021, 2021 (86 FR 18076) and
in accordance with 10 CFR 51.31(a), the
Commission has determined that
granting the requested exemptions will
not have a significant effect on the
quality of the human environment.
IV. Conclusion
Accordingly, the Commission has
determined, pursuant to 10 CFR 50.12,
that the requested 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 and that
special circumstances are present.
Therefore, the Commission hereby
grants SNC’s request for exemptions
under 10 CFR 50.12 for Vogtle, Units 1
and 2, from 10 CFR 50.46(a)(1) to allow
the use of a risk-informed methodology
in lieu of a deterministic methodology
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to show conformance with the ECCS
and CSS performance criteria
accounting for debris in containment for
LOCAs.
V. Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
Document ADAMS Accession
No./Federal
Register citation
SNC letter, ‘‘Exemption Request and License Amendment Request for a Risk-Informed Resolution to GSI–191,’’ dated Au-
gust 17, 2020. ML20230A346
SNC letter, ‘‘Response to Request for Additional Information Regarding Risk-Informed Resolution to GSI–191,’’ dated De-
cember 17, 2020. ML20352A228
SNC letter, ‘‘Supplement to Request for Exemption to Support Risk-Informed Resolution to Generic Letter 2004–02,’’ dated
February 15, 2021. ML21046A094
NRC Generic Letter 2004–02, ‘‘Potential Impact of Debris Blockage on Emergency Recirculation During Design Basis Acci-
dents at Pressurized-Water Reactors,’’ dated September 13, 2004. ML042360586
Regulatory Guide 1.174, Revision 3, ‘‘An Approach for Using Probabilistic Risk Assessment in Risk-Informed Decisions on
Plant-Specific Changes to the Licensing Basis,’’ dated January 2018. ML17317A256
NRC Safety Evaluation, Vogtle, Units 1 and 2—Amendments for a Risk-Informed Resolution to GSI–191, dated July 30,
2021. ML20268A070
SNC Letter ‘‘Vogtle Electric Generating Plant—Units 1 & 2, Supplemental Response to NRC Generic Letter 2004–02,’’
dated July 10, 2018. ML18193B163 and
ML18193B165
NRC letter, ‘‘Final Staff Evaluation for Gotle Electric Generating Plant, Units 1 and 2, Systematic Risk-Informed Assessment
of Debris Tenical Report,’’ dated September 30, 2019. ML19120A469
NRC, ‘‘Safety Goals for the Operations of Nuclear Power Plants; Policy Statement; Republication,’’ dated August 21, 1986 51 FR 30028
Dated: July 30, 2021.
For the Nuclear Regulatory Commission.
/RA/
Caroline L. Carusone,
Deputy Director, Division of Operating
Reactor Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2021–16899 Filed 8–6–21; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–331; NRC–2020–0148]
NextEra Energy Duane Arnold, LLC;
Duane Arnold Energy Center; Post-
Shutdown Decommissioning Activities
Report
AGENCY
: Nuclear Regulatory
Commission.
ACTION
: Extension of comment period.
SUMMARY
: On June 19, 2020, the U.S.
Nuclear Regulatory Commission (NRC)
solicited comments on the post-
shutdown decommissioning activities
report (PSDAR) for the Duane Arnold
Energy Center (DAEC). The PSDAR,
which includes the site-specific
decommissioning cost estimate (DCE),
provides an overview of NextEra Energy
Duane Arnold, LLC’s (NEDA or the
licensee’s) planned decommissioning
activities, schedule, projected costs, and
environmental impacts for DAEC. The
public comment period closed on
October 19, 2020, was reopened on
October 26, 2020, closed again on
February 19, 2021, was reopened on
March 5, 2021, and will currently close
on August 19, 2021. The NRC has
decided to extend the public comment
period for a third time to provide
additional time for members of the
public to develop and submit their
comments, as well as to allow time for
an in-person public meeting on the
PSDAR. The NRC will hold a public
meeting to discuss the PSDAR’s content
and receive comments once restrictions
associated with the Coronavirus Disease
2019 public health emergency are lifted,
and will notice this meeting in a
separate Federal Register notice.
DATES
: The comment period for the
document published on June 19, 2020
(85 FR 37116) has been extended.
Comments should be filed no later than
December 20, 2021. Comments received
after this date will be considered, if it
is practical to do so, but the
Commission is able to ensure
consideration only for comments
received on or before this date.
ADDRESSES
: You may submit comments
by any of the following methods;
however, the NRC encourages electronic
comment submission through the
Federal Rulemaking website:
•Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2020–0148. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@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 submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION
section of
this document.
FOR FURTHER INFORMATION CONTACT
:
Marlayna V. Doell, Office of Nuclear
Materials Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone:
301–415–3178; email: Marlayna.Doell@
nrc.gov.
SUPPLEMENTARY INFORMATION
:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2020–
0148 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–2020–0148.
•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 pdr.resource@
nrc.gov. The ADAMS accession number
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