81_FR_51367 81 FR 51218 - Virginia Electric Power Company; Surry Power Station, Unit Nos. 1 and 2; Use of AREVA's M5® Alloy Fuel Rod Cladding Material

81 FR 51218 - Virginia Electric Power Company; Surry Power Station, Unit Nos. 1 and 2; Use of AREVA's M5® Alloy Fuel Rod Cladding Material

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 149 (August 3, 2016)

Page Range51218-51220
FR Document2016-18375

The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a September 30, 2016, request from Virginia Electric Power Company (Dominion or the licensee) in order to use AREVA's M5[supreg] alloy fuel rod cladding material at Surry Power Station, Unit Nos. 1 and 2 (SPS).

Federal Register, Volume 81 Issue 149 (Wednesday, August 3, 2016)
[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Notices]
[Pages 51218-51220]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18375]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-280 and 50-281 NRC-2016-0105]


Virginia Electric Power Company; Surry Power Station, Unit Nos. 1 
and 2; Use of AREVA's M5[supreg] Alloy Fuel Rod Cladding Material

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to a September 30, 2016, request from Virginia 
Electric Power Company (Dominion or the licensee) in order to use 
AREVA's M5[supreg] alloy fuel rod cladding material at Surry Power 
Station, Unit Nos. 1 and 2 (SPS).

DATES: The exemption was issued on July 27, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0105 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 Web site: Go to http://www.regulations.gov and search for Docket ID: NRC-2016-0105. 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.
     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 
ADAMS accession number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced.
     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.

FOR FURTHER INFORMATION CONTACT: Karen R. Cotton, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1438, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Dominion is the holder of Facility Operating License Nos. DPR-32 
and DPR-37, which authorize operation of SPS. The licenses provide, 
among other things, that the facility is subject to all rules, 
regulations, and orders of the NRC now or hereafter in effect.
    The facility consists of two pressurized-water reactors (PWR) 
located in Surry County, Virginia.

II. Request/Action

    Pursuant to Sec.  50.12 of title 10 of the Code of Federal 
Regulations (10 CFR), ``Specific exemptions,'' the licensee has 
requested, by letter dated September 30, 2015 (ADAMS Accession No. 
ML15282A036), an exemption from 10 CFR 50.46, ``Acceptance criteria for 
emergency core cooling systems [ECCS] for light-water nuclear power 
reactors,'' and 10 CFR part 50, appendix K, ``ECCS Evaluation Models,'' 
to allow the use of fuel rods clad with AREVA's M5[supreg] alloy. The 
regulations in 10 CFR 50.46 require that the calculated cooling 
performance following postulated loss-of-coolant accidents (LOCAs) at 
reactors fueled with zircaloy or ZIRLOTM cladding conforms 
to the criteria set forth in 10 CFR 50.46(b). In addition, 10 CFR part

[[Page 51219]]

50, appendix K, requires, in part, that the Baker-Just equation be used 
to predict the rates of energy release, hydrogen concentration, and 
cladding oxidation from the metal/water reaction. The Baker-Just 
equation assumes the use of zircaloy or ZIRLOTM materials 
that have different chemical compositions from AREVA's M5[supreg] 
alloy. As written, these regulations presume only the use of zircaloy 
or ZIRLOTM fuel rod cladding and do not contain provisions 
for use of fuel rods with other cladding materials. Therefore, an 
exemption from the requirements of 10 CFR 50.46 and 10 CFR part 50, 
appendix K, is needed to support the use of a different fuel cladding 
material. Accordingly, the licensee requested an exemption that would 
allow the use of fuel rods clad with AREVA's M5[supreg] alloy to be 
loaded into the SPS reactor cores as non-limiting lead test assemblies 
(LTAs) in up to eight locations.

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 the exemptions are authorized 
by law, will not present an undue risk to public health or safety, and 
are consistent with the common defense and security. However, 10 CFR 
50.12(a)(2) states that the Commission will not consider granting an 
exemption unless special circumstances are present as set forth in 10 
CFR 50.12(a)(2). Under 10 CFR 50.12(a)(2)(ii), special circumstances 
are present when application of the regulation in the particular 
circumstances would not serve, or is not necessary to achieve, the 
underlying purpose of the rule.

A. Special Circumstances

    Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii), 
are present whenever application of the regulation in the particular 
circumstances is not necessary to achieve the underlying purpose of the 
rule. The underlying purpose of 10 CFR 50.46 and 10 CFR part 50, 
appendix K, is to establish acceptance criteria for ECCS performance to 
provide reasonable assurance of safety in the event of a LOCA. The 
special circumstance that necessitates the request for exemption to 10 
CFR 50.46 and 10 CFR 50, appendix K, is that neither of these 
regulations explicitly allows the use of AREVA's M5[supreg] alloy fuel 
rod cladding material. The ultimate objective of 10 CFR 50.46 is to 
ensure that nuclear power reactors fueled with uranium oxide pellets 
within zircaloy or ZIRLOTM cladding must be provided with an 
ECCS that is designed to provide core cooling following a postulated 
LOCA. AREVA NP, in its NRC-approved Topical Report BAW-10227-A, 
``Evaluation of Advanced Cladding and Structural Material (M5) in PWR 
Reactor Fuel,'' February 2000 (ADAMS Accession No. ML003686365), has 
demonstrated that the effectiveness of the ECCS will not be affected by 
a change from zircaloy or ZIRLOTM clad fuel to fuel rods 
clad with AREVA's M5[supreg] alloy. Normal reload safety analyses will 
confirm that there is no adverse impact on ECCS performance.
    The objective of 10 CFR 50.46(b)(2) and (b)(3), and 10 CFR part 50, 
appendix K I.A.5, is to ensure that cladding oxidation and hydrogen 
generation are appropriately limited during a LOCA and conservatively 
accounted for in the ECCS evaluation model. Appendix K of 10 CFR part 
50 requires that the Baker-Just equation be used in the ECCS evaluation 
model to determine the rate of energy release, cladding oxidation, and 
hydrogen generation. AREVA NP has shown in an appendix of Topical 
Report BAW-10227-A that the Baker-Just model is conservative in all 
post-LOCA scenarios with respect to the use of AREVA's M5[supreg] alloy 
fuel rod cladding material.
    Based on the regulatory review of the exemption request, the NRC 
staff concludes that the intent of 10 CFR 50.46 and 10 CFR part 50, 
appendix K, will continue to be satisfied for the planned operation of 
SPS with AREVA's M5[supreg] alloy fuel rod cladding material used for 
non-limiting LTAs and the special circumstance required by 10 CFR 
50.12(a)(2)(ii) for granting of an exemption exists.

B. Authorized by Law

    This exemption would allow the use of fuel rods clad with AREVA's 
M5[supreg] alloy in up to eight fuel assemblies at SPS. The regulations 
in 10 CFR 50.12 allow the NRC to grant exemptions from the requirements 
of 10 CFR part 50 provided that the exemptions are authorized by law. 
The NRC staff determined that special circumstances exist to grant the 
proposed exemption and that granting the exemption would not result in 
a violation of the Atomic Energy Act of 1954, as amended. Therefore, 
the exemption is authorized by law.

C. No Undue Risk to Public Health and Safety

    The provisions of 10 CFR 50.46 establish acceptance criteria for 
ECCS performance. Topical Report BAW-10227-A contains the justification 
to use AREVA's M5[supreg] alloy fuel rod cladding material, a 
proprietary variant of Zr1Nb, to replace Zircaloy-4 in the construction 
of fuel assembly components such as fuel rod cladding, guide tubes, and 
spacer grids. This justification is required to support the request by 
Dominion for an exemption to 10 CFR 50.46 to permit the use of AREVA's 
M5[supreg] alloy fuel rod cladding material, in addition to Zircaloy-4 
and ZIRLOTM. AREVA's M5[supreg] alloy is an AREVA NP 
proprietary material composed of 1.0 percent niobium, 0.125 percent 
oxygen, and the balance zirconium. AREVA's M5[supreg] alloy fuel rod 
cladding provides improved performance in fuel cladding corrosion and 
hydrogen pickup.
    An AREVA NP LOCA evaluation showed compliance with 10 CFR 50.46. 
Topical Report BAW-10227-A has addressed all of the important aspects 
of AREVA's M5[supreg] alloy fuel rod cladding material with respect to 
ECCS performance requirements, as follows:
     Since the material properties of AREVA's M5[supreg] alloy 
are similar to those of zirconium-based materials, the NRC staff found 
it appropriately conservative to apply the criteria in 10 CFR 50.46 and 
10 CFR part 50, appendix K.
     Material properties of AREVA's M5[supreg] alloy, including 
cladding thermal conductivity, cladding creep, clad swelling, rupture 
deformation, and temperature, were found to be very similar to those of 
Zircaloy-4.
     The retention of the Baker-Just equation for the 
calculation of metal-water reaction rate specified in 10 CFR part 50, 
appendix K, is justified to be suitably conservative.
    Based on the NRC staff's evaluation of the exemption request, the 
staff concludes that the intent of 10 CFR 50.46 and 10 CFR part 50, 
appendix K, will continue to be satisfied for the planned operation of 
SPS, with AREVA's M5[supreg] alloy fuel rod cladding material used in 
up to eight non-limiting LTAs. The probability of postulated accidents 
is not increased. Also, based on the NRC staff's evaluation of the 
exemption request, the consequences of postulated accidents are not 
increased. Therefore, there is no undue risk to public health and 
safety due to using M5[supreg] alloy fuel cladding and fuel assembly 
material in up to eight non-limiting LTAs.

D. Consistent With the Common Defense and Security

    The proposed exemption would allow the use of AREVA's M5[supreg] 
alloy fuel rod cladding material at SPS. This change to the plant 
configuration is adequately controlled by technical specification

[[Page 51220]]

requirements and is not related to security issues. Because the common 
defense and security is not impacted by this exemption, the exemption 
is consistent with the common defense and security.

IV. Conclusions

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12(a), the exemption is authorized by law, will not present an undue 
risk to the public health and safety, is consistent with the common 
defense and security, and that special circumstances are present to 
warrant issuance of the exemption. Therefore, the Commission hereby 
grants SPS an exemption from the requirements of 10 CFR 50.46 and 10 
CFR part 50, appendix K, paragraph I.A.5, to allow the use of AREVA's 
M5[supreg] alloy fuel rod cladding material in up to eight non-limiting 
LTAs at SPS.
    Pursuant to 10 CFR 51.32, an environmental assessment and finding 
of no significant impact related to this exemption was published in the 
Federal Register on May 31, 2016 (81 FR 34382). Based upon the 
environmental assessment, the Commission has determined that issuance 
of this exemption will not have a significant effect on the quality of 
the human environment.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 27th day of July 2016.

    For the Nuclear Regulatory Commission.
Anne T. Boland,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2016-18375 Filed 8-2-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                    51218                      Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices

                                                    otherwise be inconsistent with the issue                a manner that is inconsistent with any                technical questions, contact the
                                                    finality provisions in 10 CFR part 52.                  issue finality provisions. If, in the                 individual listed in the FOR FURTHER
                                                    The NRC’s position is based upon the                    future, the NRC staff seeks to impose a               INFORMATION CONTACT section of this
                                                    following considerations:                               position in the SRP in a manner which                 document.
                                                       1. The SRP positions do not constitute               does not provide issue finality as                       • NRC’s Agencywide Documents
                                                    backfitting, inasmuch as the SRP is                     described in the applicable issue finality            Access and Management System
                                                    internal guidance directed at the NRC                   provision, then the NRC staff must                    (ADAMS): You may obtain publicly-
                                                    staff with respect to their regulatory                  address the criteria for avoiding issue               available documents online in the
                                                    responsibilities.                                       finality as described in the applicable               ADAMS Public Documents collection at
                                                       The SRP provides guidance to the                     issue finality provision.                             http://www.nrc.gov/reading-rm/
                                                    NRC staff on how to review an                                                                                 adams.html. To begin the search, select
                                                    application for the NRC’s regulatory                    III. Congressional Review Act
                                                                                                                                                                  ‘‘ADAMS Public Documents’’ and then
                                                    approval in the form of licensing.                        This SRP section revision is a rule as              select ‘‘Begin Web-based ADAMS
                                                    Changes in internal NRC staff guidance                  defined in the Congressional Review                   Search.’’ For problems with ADAMS,
                                                    are not matters for which either nuclear                Act (5 U.S.C. 801–808). However, the                  please contact the NRC’s Public
                                                    power plant applicants or licensees are                 Office of Management and Budget has                   Document Room (PDR) reference staff at
                                                    protected under either the Backfit Rule                 not found it to be a major rule as                    1–800–397–4209, 301–415–4737, or by
                                                    or the issue finality provisions of 10                  defined in the Congressional Review                   email to pdr.resource@nrc.gov. The
                                                    CFR part 52.                                            Act.                                                  ADAMS accession number for each
                                                       2. The NRC staff has no intention to                                                                       document referenced in this document
                                                    impose the SRP positions on current                        Dated at Rockville, Maryland, this 29th day
                                                                                                            of July 2016.                                         (if that document is available in
                                                    licensees and regulatory approvals                                                                            ADAMS) is provided the first time that
                                                    either now or in the future.                               For the Nuclear Regulatory Commission.
                                                                                                            Joseph Colaccino,                                     a document is referenced.
                                                       The NRC staff does not intend to
                                                                                                            Chief, New Reactor Rulemaking and
                                                                                                                                                                     • NRC’s PDR: You may examine and
                                                    impose or apply the positions described
                                                                                                            Guidance Branch, Division of Engineering,             purchase copies of public documents at
                                                    in the SRP to existing (already issued)
                                                                                                            Infrastructure, and Advanced Reactors, Office         the NRC’s PDR, Room O1–F21, One
                                                    licenses and regulatory approvals.
                                                                                                            of New Reactors.                                      White Flint North, 11555 Rockville
                                                    Therefore, the issuance of a final SRP—
                                                    even if considered guidance that is                     [FR Doc. 2016–18390 Filed 8–2–16; 8:45 am]            Pike, Rockville, Maryland 20852.
                                                    within the purview of the issue finality                BILLING CODE 7590–01–P                                FOR FURTHER INFORMATION CONTACT:
                                                    provisions in 10 CFR part 52—need not                                                                         Karen R. Cotton, Office of Nuclear
                                                    be evaluated as if it were a backfit or as                                                                    Reactor Regulation, U.S. Nuclear
                                                    being inconsistent with issue finality                  NUCLEAR REGULATORY                                    Regulatory Commission, Washington,
                                                    provisions. If, in the future, the NRC                  COMMISSION                                            DC 20555–0001; telephone: 301–415–
                                                    staff seeks to impose a position in the                 [Docket Nos. 50–280 and 50–281 NRC–                   1438, email: Karen.Cotton@nrc.gov.
                                                    SRP on holders of already issued                        2016–0105]                                            SUPPLEMENTARY INFORMATION:
                                                    licenses in a manner which does not
                                                                                                            Virginia Electric Power Company;                      I. Background
                                                    provide issue finality as described in the
                                                    applicable issue finality provision, then               Surry Power Station, Unit Nos. 1 and                    Dominion is the holder of Facility
                                                    the NRC staff must make the showing as                  2; Use of AREVA’s M5® Alloy Fuel Rod                  Operating License Nos. DPR–32 and
                                                    set forth in the Backfit Rule or address                Cladding Material                                     DPR–37, which authorize operation of
                                                    the criteria for avoiding issue finality as                                                                   SPS. The licenses provide, among other
                                                                                                            AGENCY:  Nuclear Regulatory                           things, that the facility is subject to all
                                                    described in the applicable issue finality              Commission.
                                                    provision.                                                                                                    rules, regulations, and orders of the NRC
                                                       3. Backfitting and issue finality do                 ACTION: Exemption; issuance.                          now or hereafter in effect.
                                                    not—with limited exceptions not                                                                                 The facility consists of two
                                                                                                            SUMMARY:   The U.S. Nuclear Regulatory
                                                    applicable here—protect current or                                                                            pressurized-water reactors (PWR)
                                                                                                            Commission (NRC) is issuing an
                                                    future applicants.                                                                                            located in Surry County, Virginia.
                                                                                                            exemption in response to a September
                                                       Applicants and potential applicants
                                                                                                            30, 2016, request from Virginia Electric              II. Request/Action
                                                    are not, with certain exceptions,
                                                                                                            Power Company (Dominion or the                           Pursuant to § 50.12 of title 10 of the
                                                    protected by either the Backfit Rule or
                                                                                                            licensee) in order to use AREVA’s M5®                 Code of Federal Regulations (10 CFR),
                                                    any issue finality provisions under 10
                                                                                                            alloy fuel rod cladding material at Surry             ‘‘Specific exemptions,’’ the licensee has
                                                    CFR part 52. This is because neither the
                                                                                                            Power Station, Unit Nos. 1 and 2 (SPS).               requested, by letter dated September 30,
                                                    Backfit Rule nor the issue finality
                                                    provisions under 10 CFR part 52—with                    DATES: The exemption was issued on                    2015 (ADAMS Accession No.
                                                    certain exclusions discussed in the next                July 27, 2016.                                        ML15282A036), an exemption from 10
                                                    paragraph—were intended to apply to                     ADDRESSES: Please refer to Docket ID                  CFR 50.46, ‘‘Acceptance criteria for
                                                    every NRC action which substantially                    NRC–2016–0105 when contacting the                     emergency core cooling systems [ECCS]
                                                    changes the expectations of current and                 NRC about the availability of                         for light-water nuclear power reactors,’’
                                                    future applicants.                                      information regarding this document.                  and 10 CFR part 50, appendix K, ‘‘ECCS
                                                       The exceptions to the general                        You may obtain publicly-available                     Evaluation Models,’’ to allow the use of
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    principle are applicable whenever an                    information related to this document                  fuel rods clad with AREVA’s M5® alloy.
                                                    applicant references a 10 CFR part 52                   using any of the following methods:                   The regulations in 10 CFR 50.46 require
                                                    license (e.g., an early site permit) and/                  • Federal Rulemaking Web site: Go to               that the calculated cooling performance
                                                    or NRC regulatory approval (e.g., a                     http://www.regulations.gov and search                 following postulated loss-of-coolant
                                                    design certification rule) with specified               for Docket ID: NRC–2016–0105. Address                 accidents (LOCAs) at reactors fueled
                                                    issue finality provisions. The NRC staff                questions about NRC dockets to Carol                  with zircaloy or ZIRLOTM cladding
                                                    does not, at this time, intend to impose                Gallagher; telephone: 301–415–3463;                   conforms to the criteria set forth in 10
                                                    the positions represented in the SRP in                 email: Carol.Gallagher@nrc.gov. For                   CFR 50.46(b). In addition, 10 CFR part


                                               VerDate Sep<11>2014   18:21 Aug 02, 2016   Jkt 238001   PO 00000   Frm 00045   Fmt 4703   Sfmt 4703   E:\FR\FM\03AUN1.SGM   03AUN1


                                                                               Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices                                           51219

                                                    50, appendix K, requires, in part, that                 must be provided with an ECCS that is                 use AREVA’s M5® alloy fuel rod
                                                    the Baker-Just equation be used to                      designed to provide core cooling                      cladding material, a proprietary variant
                                                    predict the rates of energy release,                    following a postulated LOCA. AREVA                    of Zr1Nb, to replace Zircaloy-4 in the
                                                    hydrogen concentration, and cladding                    NP, in its NRC-approved Topical Report                construction of fuel assembly
                                                    oxidation from the metal/water reaction.                BAW–10227–A, ‘‘Evaluation of                          components such as fuel rod cladding,
                                                    The Baker-Just equation assumes the use                 Advanced Cladding and Structural                      guide tubes, and spacer grids. This
                                                    of zircaloy or ZIRLOTM materials that                   Material (M5) in PWR Reactor Fuel,’’                  justification is required to support the
                                                    have different chemical compositions                    February 2000 (ADAMS Accession No.                    request by Dominion for an exemption
                                                    from AREVA’s M5® alloy. As written,                     ML003686365), has demonstrated that                   to 10 CFR 50.46 to permit the use of
                                                    these regulations presume only the use                  the effectiveness of the ECCS will not be             AREVA’s M5® alloy fuel rod cladding
                                                    of zircaloy or ZIRLOTM fuel rod                         affected by a change from zircaloy or                 material, in addition to Zircaloy-4 and
                                                    cladding and do not contain provisions                  ZIRLOTM clad fuel to fuel rods clad with              ZIRLOTM. AREVA’s M5® alloy is an
                                                    for use of fuel rods with other cladding                AREVA’s M5® alloy. Normal reload                      AREVA NP proprietary material
                                                    materials. Therefore, an exemption from                 safety analyses will confirm that there is            composed of 1.0 percent niobium, 0.125
                                                    the requirements of 10 CFR 50.46 and                    no adverse impact on ECCS                             percent oxygen, and the balance
                                                    10 CFR part 50, appendix K, is needed                   performance.                                          zirconium. AREVA’s M5® alloy fuel rod
                                                    to support the use of a different fuel                     The objective of 10 CFR 50.46(b)(2)                cladding provides improved
                                                    cladding material. Accordingly, the                     and (b)(3), and 10 CFR part 50,                       performance in fuel cladding corrosion
                                                    licensee requested an exemption that                    appendix K I.A.5, is to ensure that                   and hydrogen pickup.
                                                    would allow the use of fuel rods clad                   cladding oxidation and hydrogen                         An AREVA NP LOCA evaluation
                                                    with AREVA’s M5® alloy to be loaded                     generation are appropriately limited                  showed compliance with 10 CFR 50.46.
                                                    into the SPS reactor cores as non-                      during a LOCA and conservatively                      Topical Report BAW–10227–A has
                                                    limiting lead test assemblies (LTAs) in                 accounted for in the ECCS evaluation                  addressed all of the important aspects of
                                                    up to eight locations.                                  model. Appendix K of 10 CFR part 50                   AREVA’s M5® alloy fuel rod cladding
                                                                                                            requires that the Baker-Just equation be              material with respect to ECCS
                                                    III. Discussion                                         used in the ECCS evaluation model to                  performance requirements, as follows:
                                                       Pursuant to 10 CFR 50.12, the                        determine the rate of energy release,                   • Since the material properties of
                                                    Commission may, upon application by                     cladding oxidation, and hydrogen                      AREVA’s M5® alloy are similar to those
                                                    any interested person or upon its own                   generation. AREVA NP has shown in an                  of zirconium-based materials, the NRC
                                                    initiative, grant exemptions from the                   appendix of Topical Report BAW–                       staff found it appropriately conservative
                                                    requirements of 10 CFR part 50 when                     10227–A that the Baker-Just model is                  to apply the criteria in 10 CFR 50.46 and
                                                    the exemptions are authorized by law,                   conservative in all post-LOCA scenarios               10 CFR part 50, appendix K.
                                                    will not present an undue risk to public                with respect to the use of AREVA’s M5®                  • Material properties of AREVA’s
                                                    health or safety, and are consistent with               alloy fuel rod cladding material.                     M5® alloy, including cladding thermal
                                                    the common defense and security.                           Based on the regulatory review of the              conductivity, cladding creep, clad
                                                    However, 10 CFR 50.12(a)(2) states that                 exemption request, the NRC staff                      swelling, rupture deformation, and
                                                    the Commission will not consider                        concludes that the intent of 10 CFR                   temperature, were found to be very
                                                    granting an exemption unless special                    50.46 and 10 CFR part 50, appendix K,                 similar to those of Zircaloy-4.
                                                    circumstances are present as set forth in               will continue to be satisfied for the                   • The retention of the Baker-Just
                                                    10 CFR 50.12(a)(2). Under 10 CFR                        planned operation of SPS with AREVA’s                 equation for the calculation of metal-
                                                    50.12(a)(2)(ii), special circumstances are              M5® alloy fuel rod cladding material                  water reaction rate specified in 10 CFR
                                                    present when application of the                         used for non-limiting LTAs and the                    part 50, appendix K, is justified to be
                                                    regulation in the particular                            special circumstance required by 10                   suitably conservative.
                                                    circumstances would not serve, or is not                CFR 50.12(a)(2)(ii) for granting of an                  Based on the NRC staff’s evaluation of
                                                    necessary to achieve, the underlying                    exemption exists.                                     the exemption request, the staff
                                                    purpose of the rule.                                                                                          concludes that the intent of 10 CFR
                                                                                                            B. Authorized by Law                                  50.46 and 10 CFR part 50, appendix K,
                                                    A. Special Circumstances
                                                                                                               This exemption would allow the use                 will continue to be satisfied for the
                                                       Special circumstances, in accordance                 of fuel rods clad with AREVA’s M5®                    planned operation of SPS, with
                                                    with 10 CFR 50.12(a)(2)(ii), are present                alloy in up to eight fuel assemblies at               AREVA’s M5® alloy fuel rod cladding
                                                    whenever application of the regulation                  SPS. The regulations in 10 CFR 50.12                  material used in up to eight non-
                                                    in the particular circumstances is not                  allow the NRC to grant exemptions from                limiting LTAs. The probability of
                                                    necessary to achieve the underlying                     the requirements of 10 CFR part 50                    postulated accidents is not increased.
                                                    purpose of the rule. The underlying                     provided that the exemptions are                      Also, based on the NRC staff’s
                                                    purpose of 10 CFR 50.46 and 10 CFR                      authorized by law. The NRC staff                      evaluation of the exemption request, the
                                                    part 50, appendix K, is to establish                    determined that special circumstances                 consequences of postulated accidents
                                                    acceptance criteria for ECCS                            exist to grant the proposed exemption                 are not increased. Therefore, there is no
                                                    performance to provide reasonable                       and that granting the exemption would                 undue risk to public health and safety
                                                    assurance of safety in the event of a                   not result in a violation of the Atomic               due to using M5® alloy fuel cladding
                                                    LOCA. The special circumstance that                     Energy Act of 1954, as amended.                       and fuel assembly material in up to
                                                    necessitates the request for exemption to
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Therefore, the exemption is authorized                eight non-limiting LTAs.
                                                    10 CFR 50.46 and 10 CFR 50, appendix                    by law.
                                                    K, is that neither of these regulations                                                                       D. Consistent With the Common Defense
                                                    explicitly allows the use of AREVA’s                    C. No Undue Risk to Public Health and                 and Security
                                                    M5® alloy fuel rod cladding material.                   Safety                                                  The proposed exemption would allow
                                                    The ultimate objective of 10 CFR 50.46                    The provisions of 10 CFR 50.46                      the use of AREVA’s M5® alloy fuel rod
                                                    is to ensure that nuclear power reactors                establish acceptance criteria for ECCS                cladding material at SPS. This change to
                                                    fueled with uranium oxide pellets                       performance. Topical Report BAW–                      the plant configuration is adequately
                                                    within zircaloy or ZIRLOTM cladding                     10227–A contains the justification to                 controlled by technical specification


                                               VerDate Sep<11>2014   18:21 Aug 02, 2016   Jkt 238001   PO 00000   Frm 00046   Fmt 4703   Sfmt 4703   E:\FR\FM\03AUN1.SGM   03AUN1


                                                    51220                      Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices

                                                    requirements and is not related to                      www.prc.gov. Those who cannot submit                  interests of the general public in this
                                                    security issues. Because the common                     comments electronically should contact                proceeding.
                                                    defense and security is not impacted by                 the person identified in the FOR FURTHER                3. Comments by interested persons
                                                    this exemption, the exemption is                        INFORMATION CONTACT section by                        are due by August 4, 2016.
                                                    consistent with the common defense                      telephone for advice on filing                          4. The Secretary shall arrange for
                                                    and security.                                           alternatives.                                         publication of this order in the Federal
                                                                                                                                                                  Register.
                                                    IV. Conclusions                                         FOR FURTHER INFORMATION CONTACT:
                                                                                                            David A. Trissell, General Counsel, at                  By the Commission.
                                                       Accordingly, the Commission has                                                                            Stacy L. Ruble,
                                                    determined that, pursuant to 10 CFR                     202–789–6820.
                                                                                                                                                                  Secretary.
                                                    50.12(a), the exemption is authorized by                SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  [FR Doc. 2016–18310 Filed 8–2–16; 8:45 am]
                                                    law, will not present an undue risk to                  Table of Contents                                     BILLING CODE 7710–FW–P
                                                    the public health and safety, is
                                                    consistent with the common defense                      I. Introduction
                                                    and security, and that special                          II. Notice of Commission Action
                                                                                                            III. Ordering Paragraphs                              SECURITIES AND EXCHANGE
                                                    circumstances are present to warrant
                                                    issuance of the exemption. Therefore,                   I. Introduction                                       COMMISSION
                                                    the Commission hereby grants SPS an                                                                           [Release No. 34–78438; File No. SR–OCC–
                                                                                                               On July 27, 2016, the Postal Service
                                                    exemption from the requirements of 10                                                                         2016–002]
                                                                                                            filed a notice of a minor classification
                                                    CFR 50.46 and 10 CFR part 50,
                                                                                                            change regarding the Country Price Lists              Self-Regulatory Organizations; The
                                                    appendix K, paragraph I.A.5, to allow
                                                                                                            for International Mail in Part D of the               Options Clearing Corporation; Notice
                                                    the use of AREVA’s M5® alloy fuel rod
                                                                                                            Mail Classification Schedule (MCS),                   of Filing of Proposed Rule Change
                                                    cladding material in up to eight non-
                                                                                                            under Commission rules 39 CFR                         Concerning Enhancements to The
                                                    limiting LTAs at SPS.
                                                       Pursuant to 10 CFR 51.32, an                         3020.90 and 3020.91.1 The Postal                      Options Clearing Corporation’s
                                                    environmental assessment and finding                    Service also presents proposed changes                Governance Arrangements
                                                    of no significant impact related to this                to the MCS. Notice at 2; Attachment 1.
                                                                                                            The Postal Service states that the                    July 28, 2016.
                                                    exemption was published in the Federal                                                                           Pursuant to Section 19(b)(1) of the
                                                    Register on May 31, 2016 (81 FR 34382).                 proposed changes are minor in nature
                                                                                                            and are not inconsistent with 39 U.S.C.               Securities Exchange Act of 1934
                                                    Based upon the environmental                                                                                  (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                    assessment, the Commission has                          3642. Notice at 3.
                                                                                                               MCS change. The Postal Service plans               notice is hereby given that on July 15,
                                                    determined that issuance of this                                                                              2016, The Options Clearing Corporation
                                                    exemption will not have a significant                   to provide outbound Priority Mail
                                                                                                            Express International (PMEI) service to               (‘‘OCC’’) filed with the Securities and
                                                    effect on the quality of the human                                                                            Exchange Commission (‘‘Commission’’)
                                                    environment.                                            Cuba. Id. at 1. Accordingly, the Postal
                                                                                                            Service seeks to assign Country Group 9               the proposed rule change as described
                                                       This exemption is effective upon                                                                           in Items I, II and III below, which Items
                                                    issuance.                                               to Cuba for variable weight PMEI and
                                                                                                            Country Group 8 to Cuba for PMEI Flat                 have been prepared by OCC. The
                                                      Dated at Rockville, Maryland, this 27th day                                                                 Commission is publishing this notice to
                                                                                                            Rate Envelope. Id. at 2.
                                                    of July 2016.                                                                                                 solicit comments on the proposed rule
                                                      For the Nuclear Regulatory Commission.                II. Notice of Commission Action                       change from interested persons.
                                                    Anne T. Boland,                                            Pursuant to 39 CFR 3020.92, the                    I. Clearing Agency’s Statement of the
                                                    Director, Division of Operating Reactor                 Commission has posted the Notice on                   Terms of Substance of the Proposed
                                                    Licensing, Office of Nuclear Reactor                    its Web site and invites comments on
                                                    Regulation.
                                                                                                                                                                  Rule Change
                                                                                                            whether the Postal Service’s filings in
                                                    [FR Doc. 2016–18375 Filed 8–2–16; 8:45 am]              Docket No. MC2016–172 are consistent                     This proposed rule change by The
                                                    BILLING CODE 7590–01–P                                  with the policies of 39 U.S.C. 3642 and               Options Clearing Corporation (‘‘OCC’’)
                                                                                                            39 CFR 3020 subpart E. Comments are                   concerns modifications and
                                                                                                            due no later than August 4, 2016. The                 enhancements to OCC’s governance
                                                    POSTAL REGULATORY COMMISSION                            public portions of these filings can be               arrangements. OCC is proposing to
                                                                                                            accessed via the Commission’s Web site                amend its Certificate of Incorporation,
                                                    [Docket No. MC2016–172; Order No. 3451]                                                                       By-Laws, and Board of Directors
                                                                                                            (http://www.prc.gov).
                                                                                                                                                                  (‘‘Board’’) Charter to require that only
                                                    New Postal Product                                         The Commission appoints Katrina R.
                                                                                                                                                                  one Management Director serve on
                                                                                                            Martinez to represent the interests of the
                                                    AGENCY:   Postal Regulatory Commission.                                                                       OCC’s Board (as opposed to the current
                                                                                                            general public (Public Representative)
                                                    ACTION:   Notice.                                                                                             requirement of two Management
                                                                                                            in this docket.
                                                                                                                                                                  Directors). Moreover, OCC is proposing
                                                    SUMMARY:    The Commission is noticing a                III. Ordering Paragraphs                              to amend its By-Laws and Rules to
                                                    recent Postal Service filing concerning                                                                       delete all references to the title and
                                                                                                              IT IS ORDERED:
                                                    minor classification changes to the                                                                           responsibilities of the Management Vice
                                                                                                              1. The Commission establishes Docket
                                                    Country Price Lists for International                                                                         Chairman. In addition, OCC is
                                                                                                            No. MC2016–172 to consider matters
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Mail. This notice informs the public of                                                                       proposing to amend its By-Laws to: (i)
                                                                                                            raised by the Notice.
                                                    the filing, invites public comment, and                                                                       Provide that the Compensation and
                                                                                                              2. Pursuant to 39 U.S.C. 505, Katrina
                                                    takes other administrative steps.                                                                             Performance Committee (‘‘CPC’’) 3 and
                                                                                                            R. Martinez is appointed to serve as an
                                                    DATES: Comments are due: August 4,
                                                                                                            officer of the Commission (Public
                                                    2016.                                                   Representative) to represent the
                                                                                                                                                                    1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                    2 17 CFR 240.19b–4.
                                                    ADDRESSES: Submit comments                                                                                      3 As described below, the Performance Committee
                                                    electronically via the Commission’s                       1 Notice of United States Postal Service of Minor   would be renamed as the Compensation and
                                                    Filing Online system at http://                         Classification Change, July 27, 2016 (Notice).        Performance Committee.



                                               VerDate Sep<11>2014   18:21 Aug 02, 2016   Jkt 238001   PO 00000   Frm 00047   Fmt 4703   Sfmt 4703   E:\FR\FM\03AUN1.SGM   03AUN1



Document Created: 2016-08-02 23:44:02
Document Modified: 2016-08-02 23:44:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionExemption; issuance.
DatesThe exemption was issued on July 27, 2016.
ContactKaren R. Cotton, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1438, email: [email protected]
FR Citation81 FR 51218 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR