81_FR_53064 81 FR 52910 - Wolf Creek Generating Station; Use of Optimized ZIRLOTM

81 FR 52910 - Wolf Creek Generating Station; Use of Optimized ZIRLOTM

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 154 (August 10, 2016)

Page Range52910-52912
FR Document2016-18979

The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a January 27, 2016, request, as supplemented on May 19, 2016, from Wolf Creek Nuclear Operating Corporation (WCNOC or the licensee) in order to use Optimized ZIRLO<SUP>TM</SUP> fuel rod cladding material at Wolf Creek Generating Station (WCGS).

Federal Register, Volume 81 Issue 154 (Wednesday, August 10, 2016)
[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Pages 52910-52912]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18979]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-482; NRC-2016-0162]


Wolf Creek Generating Station; Use of Optimized 
ZIRLOTM 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 January 27, 2016, request, as supplemented 
on May 19, 2016, from Wolf Creek Nuclear Operating Corporation (WCNOC 
or the licensee) in order to use Optimized ZIRLOTM fuel rod 
cladding material at Wolf Creek Generating Station (WCGS).

DATES: The exemption was issued on August 2, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0162 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-2016-0162. 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: Carl F. Lyon, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-2296, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The licensee is the holder of Renewed Facility Operating License 
No. NPF-42, which authorizes operation of WCGS. The license provides, 
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 a pressurized-water reactor located in Coffey 
County, Kansas.

II. Request/Action

    Pursuant to Sec.  50.12 of title 10 of the Code of Federal 
Regulations (10 CFR), ``Specific exemptions,'' the licensee requested 
by letter dated January 27, 2016, as supplemented by letter dated May 
19, 2016 (ADAMS Accession Nos. ML16033A470 and ML16161A509, 
respectively), an exemption from specific requirements of 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 rod cladding with 
Optimized ZIRLOTM alloy for future reload applications. The 
regulations in 10 CFR 50.46 contain acceptance criteria for the ECCS 
for reactors fueled with zircaloy or ZIRLOTM fuel rod 
cladding material. In addition, 10 CFR part 50, appendix K, requires 
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 a zirconium 
alloy, which is a material different from Optimized ZIRLOTM. 
The licensee requested the exemption because these regulations do not 
have provisions for the use of fuel rod cladding material other than 
zircaloy or ZIRLOTM. Because the material specifications of 
Optimized ZIRLOTM differ from the specifications for 
zircaloy or ZIRLOTM, a plant-specific exemption is required 
to support the reload applications for WCGS.
    The exemption request relates solely to the cladding material 
specified in these regulations (i.e., fuel rods with Zircaloy or 
ZIRLOTM cladding material). This exemption would provide for 
the application of the acceptance criteria of 10 CFR 50.46 and 10 CFR 
part 50, appendix K, to fuel assembly designs using Optimized 
ZIRLOTM fuel rod cladding material. In its letter dated 
January 27, 2016, as supplemented by letter dated May 19, 2016, the 
licensee indicated that it was not seeking an exemption from the 
acceptance and analytical criteria of these regulations. The intent of 
the request is to allow the use of the criteria set forth in these 
regulations for application of the Optimized ZIRLOTM fuel 
rod cladding material.

III. Discussion

    Pursuant to 10 CFR 50.12, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 50 when: (1) The exemptions are 
authorized by law, will not present an undue risk to public health or 
safety, and are consistent with the common defense and security; and 
(2) when special circumstances are present. Under 10 CFR 50.12(a)(2), 
special circumstances include, among other things, when application of 
the specific regulation in the particular circumstance 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. 
The regulations in 10 CFR 50.46 and 10 CFR part 50, appendix K, are not 
directly applicable to Optimized ZIRLOTM, even though the 
evaluations described in the following sections of this exemption show 
that the intent of the regulation is met. Therefore, since the 
underlying purposes of 10 CFR 50.46 and 10 CFR part 50, appendix K,

[[Page 52911]]

are achieved through the use of Optimized ZIRLOTM fuel rod 
cladding material, the special circumstances required by 10 CFR 
50.12(a)(2)(ii) for the granting of an exemption exist.

B. Authorized by Law

    This exemption would allow the use of Optimized ZIRLOTM 
fuel rod cladding material for future reload applications at WCGS. As 
stated above, 10 CFR 50.12 allows the NRC to grant exemptions from the 
requirements of 10 CFR part 50. The NRC staff has determined that 
granting the licensee's proposed exemption would not result in a 
violation of the Atomic Energy Act of 1954, as amended, or the 
Commission's regulations. Therefore, the exemption is authorized by 
law.

C. No Undue Risk to Public Health and Safety

    Section 50.46 requires that each boiling or pressurized light-water 
nuclear power reactor fueled with uranium oxide pellets within 
cylindrical zircaloy or ZIRLOTM cladding must be provided 
with an ECCS that must be designed so that its calculated cooling 
performance following postulated loss-of-coolant accidents (LOCAs) 
conforms to the criteria set forth in 10 CFR 50.46(b). The underlying 
purpose of 10 CFR 50.46 is to establish acceptance criteria for 
adequate ECCS performance. As previously documented in the NRC staff's 
safety evaluation dated June 10, 2005 (ADAMS Package Accession No. 
ML051670395), of topical reports submitted by Westinghouse Electric 
Company (Westinghouse), and subject to compliance with the specific 
conditions of approval established in the safety evaluation, the NRC 
staff found that Westinghouse demonstrated the applicability of these 
ECCS acceptance criteria to Optimized ZIRLOTM. The NRC staff 
found that the Westinghouse topical report demonstrates the 
applicability of these ECCS acceptance criteria to Optimized ZIRLO\TM\, 
subject to the compliance with the specific conditions of approval 
established therein. The NRC staff reviewed the licensee's January 27, 
2016, application, as supplemented by letter dated May 9, 2016, against 
these specific conditions and found that the licensee was in compliance 
with all of the applicable conditions. The NRC staff's review of these 
specific conditions for WCGS can be found in ADAMS under Accession No. 
ML16179A293. Ring compression tests performed by Westinghouse on 
Optimized ZIRLOTM (see WCAP-14342-A & CENPD-404-NP-A, dated 
July 2006 (ADAMS Accession No. ML062080569), demonstrate an acceptable 
retention of post-quench ductility up to 10 CFR 50.46 limits of 2200 
degrees Fahrenheit and 17 percent equivalent clad reacted. Furthermore, 
the NRC staff concluded that oxidation measurements provided by the 
licensee by letter LTR-NRC-07-58 from Westinghouse to the NRC, ``SER 
Compliance with WCAP-12610-P-A & CENPD-404-P-A, Addendum 1-A, 
`Optimized ZIRLOTM,' '' dated November 6, 2007 (public 
version in ADAMS under Accession No. ML073130560), illustrate that 
oxide thickness and associated hydrogen pickup for Optimized 
ZIRLOTM at any given burnup would be less than both 
zircaloy-4 and ZIRLOTM. Hence, the NRC staff concludes that 
Optimized ZIRLOTM would be expected to maintain better post-
quench ductility than ZIRLOTM. This finding is further 
supported by an ongoing LOCA research program at Argonne National 
Laboratory, which has identified a strong correlation between cladding 
hydrogen content (caused by in-service corrosion) and post-quench 
ductility.
    In addition, the provisions of 10 CFR 50.46 require the licensee to 
periodically evaluate the performance of the ECCS, using currently 
approved LOCA models and methods, to ensure that the fuel rods will 
continue to satisfy the 10 CFR 50.46 acceptance criteria. In its letter 
dated January 27, 2016, the licensee stated that for LOCA scenarios, 
where the slight difference in Optimized ZIRLOTM material 
properties relative to standard ZIRLOTM could have some 
impact on the overall accident scenario, plant-specific LOCA analyses 
using Optimized ZIRLOTM properties will demonstrate that the 
acceptance criteria of 10 CFR 50.46 have been satisfied. Granting the 
exemption to allow the licensee to use Optimized ZIRLOTM 
fuel rod cladding material in addition to the current mix of fuel rods 
does not diminish this requirement of periodic evaluation of ECCS 
performance. Therefore, the underlying purpose of the rule will 
continue to be achieved for WCGS.
    Paragraph I.A.5 of 10 CFR part 50, appendix K, states that the 
rates of energy release, hydrogen concentration, and cladding oxidation 
from the metal-water reaction shall be calculated using the Baker-Just 
equation. Since the Baker-Just equation presumes the use of zircaloy 
clad fuel, strict application of this provision of the rule would not 
permit use of the equation for the Optimized ZIRLOTM fuel 
rod cladding material for determining acceptable fuel performance. 
However, the NRC staff previously found that metal-water reaction tests 
performed by Westinghouse on Optimized ZIRLOTM (see Appendix 
B of WCAP-12610-P-A & CENPD-404-P-A Addendum 1-A) demonstrate 
conservative reaction rates relative to the Baker-Just equation. 
Therefore, the NRC staff determined that the application of Paragraph 
I.A.5 of 10 CFR part 50, appendix K, is not necessary to achieve the 
underlying purpose of the rule in these circumstances. Since these 
evaluations demonstrate that the underlying purpose of the rule will be 
met, there will be no undue risk to the public health and safety.

D. Consistent With the Common Defense and Security

    The licensee's exemption request is only to allow the application 
of the aforementioned regulations to an improved fuel rod cladding 
material. In its letter dated January 27, 2016, as supplemented by 
letter dated May 19, 2016, the licensee stated that all the 
requirements and acceptance criteria will be maintained. The licensee 
is required to handle and control special nuclear material in these 
assemblies in accordance with its approved procedures. This change to 
the plant configuration is not related to security issues. Therefore, 
the NRC staff determined that this exemption does not impact common 
defense and security.

E. Environmental Considerations

    The NRC staff determined that the exemption discussed herein meets 
the eligibility criteria for the categorical exclusion set forth in 10 
CFR 51.22(c)(9) because it is related to a requirement concerning the 
installation or use of a facility component located within the 
restricted area, as defined in 10 CFR part 20, and the granting of this 
exemption involves: (i) No significant hazards consideration, (ii) no 
significant change in the types or a significant increase in the 
amounts of any effluents that may be released offsite, and (iii) no 
significant increase in individual or cumulative occupational radiation 
exposure. Therefore, in accordance with 10 CFR 51.22(b), no 
environmental impact statement or environmental assessment need be 
prepared in connection with the NRC's consideration of this exemption 
request. The basis for the NRC staff's determination is discussed as 
follows with an evaluation against each of the requirements in 10 CFR 
51.22(c)(9).
Requirements in 10 CFR 51.22(c)(9)(i)
    The NRC staff evaluated the issue of no significant hazards 
consideration,

[[Page 52912]]

using the standards described in 10 CFR 50.92(c), as presented below:

    1. Does the proposed exemption involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No. The proposed change would allow the use of 
Optimized ZIRLOTM fuel rod cladding material in the 
reactors. The NRC approved topical report WCAP-12610-P-A & CENPD-
404-P-A Addendum 1-A, ``Optimized ZIRLOTM,'' prepared by 
Westinghouse, addresses Optimized ZIRLOTM and 
demonstrates that Optimized ZIRLOTM has essentially the 
same properties as the currently licensed ZIRLOTM. The 
fuel cladding itself is not an accident initiator and does not 
affect accident probability. Use of Optimized ZIRLOTM 
fuel rod cladding material will continue to meet all 10 CFR 50.46 
acceptance criteria and, therefore, will not increase the 
consequences of an accident.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed exemption create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No. The use of Optimized ZIRLOTM fuel rod 
cladding material will not result in changes in the operation or 
configuration of the facility. Topical Report WCAP-12610-P-A & 
CENPD-404-P-A demonstrated that the material properties of Optimized 
ZIRLOTM are similar to those of standard 
ZIRLOTM. Therefore, the Optimized ZIRLOTM fuel 
rod cladding material will perform similarly to those fabricated 
from standard ZIRLOTM, therefore precluding the 
possibility of the fuel cladding becoming an accident initiator and 
causing a new or different type of accident.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Does the proposed exemption involve a significant reduction 
in a margin of safety?
    Response: No. The proposed change will not involve a significant 
reduction in the margin of safety, because it has been demonstrated 
that the material properties of the Optimized ZIRLOTM are 
not significantly different from those of standard 
ZIRLOTM. Optimized ZIRLOTM is expected to 
perform similarly to standard ZIRLOTM for all normal 
operating and accident scenarios, including both LOCA and non-LOCA 
scenarios. For LOCA scenarios, where the slight difference in the 
Optimized ZIRLOTM material properties, relative to 
standard ZIRLOTM could have some impact on the overall 
accident scenario, plant-specific LOCA analyses using the Optimized 
ZIRLOTM properties demonstrate that the acceptance 
criteria of 10 CFR 50.46 have been satisfied.
    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.
    Based on the above, the NRC staff concludes that the proposed 
exemption presents no significant hazards consideration under the 
standards set forth in 10 CFR 50.92(c), and, accordingly, a finding 
of no significant hazards consideration is justified (i.e., 
satisfies the provision of 10 CFR 51.22(c)(9)(i)).
Requirements in 10 CFR 51.22(c)(9)(ii)
    The proposed exemption would allow the use of Optimized 
ZIRLOTM fuel rod cladding material in the reactors. 
Optimized ZIRLOTM has essentially the same properties as the 
currently licensed ZIRLOTM. The use of the Optimized 
ZIRLOTM fuel rod cladding material will not significantly 
change the types of effluents that may be released offsite, or 
significantly increase the amount of effluents that may be released 
offsite. Therefore, the provision of 10 CFR 51.22(c)(9)(ii) is 
satisfied.
Requirements in 10 CFR 51.22(c)(9)(iii)
    The proposed exemption would allow the use of the Optimized 
ZIRLOTM fuel rod cladding material in the reactors. 
Optimized ZIRLOTM has essentially the same properties as the 
currently licensed ZIRLOTM. The use of the Optimized 
ZIRLOTM fuel rod cladding material will not significantly 
increase individual occupational radiation exposure, or significantly 
increase cumulative occupational radiation exposure. Therefore, the 
provision of 10 CFR 51.22(c)(9)(iii) is satisfied.
Conclusion
    Based on the above, the NRC staff concludes that the proposed 
exemption meets the eligibility criteria for the categorical exclusion 
set forth in 10 CFR 51.22(c)(9). Therefore, in accordance with 10 CFR 
51.22(b), no environmental impact statement or environmental assessment 
need be prepared in connection with the NRC's proposed issuance of this 
exemption.

IV. Conclusions

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12, the exemption is authorized by law, will not present an undue 
risk to the public health and safety, and is consistent with the common 
defense and security. Also, special circumstances are present. 
Therefore, the Commission hereby grants WCNOC an exemption from the 
requirements of 10 CFR 50.46 and 10 CFR part 50, appendix K, to allow 
the use of Optimized ZIRLOTM fuel rod cladding material at 
WCGS. As stated above, this exemption relates solely to the cladding 
material specified in these regulations.

    Dated at Rockville, Maryland, this 2nd day of August 2016.

    For the Nuclear Regulatory Commission.
Anne T. Boland,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2016-18979 Filed 8-9-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                  52910                      Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices

                                                    During the public comment period,                     ADAMS Public Documents collection at                  Optimized ZIRLOTM. The licensee
                                                  the Consent Decree may be examined                      http://www.nrc.gov/reading-rm/                        requested the exemption because these
                                                  and downloaded at this Justice                          adams.html. To begin the search, select               regulations do not have provisions for
                                                  Department Web site: https://                           ‘‘ADAMS Public Documents’’ and then                   the use of fuel rod cladding material
                                                  www.justice.gov/enrd/consent-decrees.                   select ‘‘Begin Web-based ADAMS                        other than zircaloy or ZIRLOTM. Because
                                                  We will provide a paper copy of the                     Search.’’ For problems with ADAMS,                    the material specifications of Optimized
                                                  Consent Decree upon written request                     please contact the NRC’s Public                       ZIRLOTM differ from the specifications
                                                  and payment of reproduction costs.                      Document Room (PDR) reference staff at                for zircaloy or ZIRLOTM, a plant-specific
                                                  Please mail your request and payment                    1–800–397–4209, 301–415–4737, or by                   exemption is required to support the
                                                  to: Consent Decree Library, U.S. DOJ—                   email to pdr.resource@nrc.gov. The                    reload applications for WCGS.
                                                  ENRD, P.O. Box 7611, Washington, DC                     ADAMS accession number for each                          The exemption request relates solely
                                                  20044–7611.                                             document referenced in this document                  to the cladding material specified in
                                                    Please enclose a check or money order                 (if that document is available in                     these regulations (i.e., fuel rods with
                                                  for $15.25 (25 cents per page                           ADAMS) is provided the first time that                Zircaloy or ZIRLOTM cladding material).
                                                  reproduction cost) payable to the United                a document is referenced.                             This exemption would provide for the
                                                  States Treasury.                                           • NRC’s PDR: You may examine and                   application of the acceptance criteria of
                                                                                                          purchase copies of public documents at                10 CFR 50.46 and 10 CFR part 50,
                                                  Jeffrey Sands,                                                                                                appendix K, to fuel assembly designs
                                                                                                          the NRC’s PDR, Room O1–F21, One
                                                  Assistant Section Chief, Environmental                                                                        using Optimized ZIRLOTM fuel rod
                                                  Enforcement Section, Environment and
                                                                                                          White Flint North, 11555 Rockville
                                                                                                          Pike, Rockville, Maryland 20852.                      cladding material. In its letter dated
                                                  Natural Resources Division.
                                                                                                                                                                January 27, 2016, as supplemented by
                                                  [FR Doc. 2016–18931 Filed 8–9–16; 8:45 am]              FOR FURTHER INFORMATION CONTACT: Carl
                                                                                                                                                                letter dated May 19, 2016, the licensee
                                                                                                          F. Lyon, Office of Nuclear Reactor
                                                  BILLING CODE 4410–15–P                                                                                        indicated that it was not seeking an
                                                                                                          Regulation, U.S. Nuclear Regulatory
                                                                                                                                                                exemption from the acceptance and
                                                                                                          Commission, Washington, DC 20555–
                                                                                                                                                                analytical criteria of these regulations.
                                                  NUCLEAR REGULATORY                                      0001; telephone: 301–415–2296, email:
                                                                                                                                                                The intent of the request is to allow the
                                                  COMMISSION                                              Fred.Lyon@nrc.gov.
                                                                                                                                                                use of the criteria set forth in these
                                                                                                          SUPPLEMENTARY INFORMATION:                            regulations for application of the
                                                  [Docket Nos. 50–482; NRC–2016–0162]
                                                                                                          I. Background                                         Optimized ZIRLOTM fuel rod cladding
                                                  Wolf Creek Generating Station; Use of                                                                         material.
                                                                                                            The licensee is the holder of Renewed
                                                  Optimized ZIRLOTM Fuel Rod Cladding                                                                           III. Discussion
                                                                                                          Facility Operating License No. NPF–42,
                                                  Material
                                                                                                          which authorizes operation of WCGS.                      Pursuant to 10 CFR 50.12, the
                                                  AGENCY:  Nuclear Regulatory                             The license provides, among other                     Commission may, upon application by
                                                  Commission.                                             things, that the facility is subject to all           any interested person or upon its own
                                                  ACTION: Exemption; issuance.                            rules, regulations, and orders of the NRC             initiative, grant exemptions from the
                                                                                                          now or hereafter in effect. The facility              requirements of 10 CFR part 50 when:
                                                  SUMMARY:   The U.S. Nuclear Regulatory                  consists of a pressurized-water reactor               (1) The exemptions are authorized by
                                                  Commission (NRC) is issuing an                          located in Coffey County, Kansas.                     law, will not present an undue risk to
                                                  exemption in response to a January 27,                                                                        public health or safety, and are
                                                  2016, request, as supplemented on May                   II. Request/Action
                                                                                                                                                                consistent with the common defense
                                                  19, 2016, from Wolf Creek Nuclear                          Pursuant to § 50.12 of title 10 of the             and security; and (2) when special
                                                  Operating Corporation (WCNOC or the                     Code of Federal Regulations (10 CFR),                 circumstances are present. Under 10
                                                  licensee) in order to use Optimized                     ‘‘Specific exemptions,’’ the licensee                 CFR 50.12(a)(2), special circumstances
                                                  ZIRLOTM fuel rod cladding material at                   requested by letter dated January 27,                 include, among other things, when
                                                  Wolf Creek Generating Station (WCGS).                   2016, as supplemented by letter dated                 application of the specific regulation in
                                                  DATES: The exemption was issued on                      May 19, 2016 (ADAMS Accession Nos.                    the particular circumstance would not
                                                  August 2, 2016.                                         ML16033A470 and ML16161A509,                          serve, or is not necessary to achieve, the
                                                  ADDRESSES: Please refer to Docket ID                    respectively), an exemption from                      underlying purpose of the rule.
                                                  NRC–2016–0162 when contacting the                       specific requirements of 10 CFR 50.46,
                                                                                                          ‘‘Acceptance criteria for emergency core              A. Special Circumstances
                                                  NRC about the availability of
                                                  information regarding this document.                    cooling systems [ECCS] for light-water                  Special circumstances, in accordance
                                                  You may obtain publicly-available                       nuclear power reactors,’’ and 10 CFR                  with 10 CFR 50.12(a)(2)(ii), are present
                                                  information related to this document                    part 50, appendix K, ‘‘ECCS Evaluation                whenever application of the regulation
                                                  using any of the following methods:                     Models,’’ to allow the use of fuel rod                in the particular circumstances is not
                                                     • Federal Rulemaking Web site: Go to                 cladding with Optimized ZIRLOTM alloy                 necessary to achieve the underlying
                                                  http://www.regulations.gov and search                   for future reload applications. The                   purpose of the rule. The underlying
                                                  for Docket ID NRC–2016–0162. Address                    regulations in 10 CFR 50.46 contain                   purpose of 10 CFR 50.46 and 10 CFR
                                                  questions about NRC dockets to Carol                    acceptance criteria for the ECCS for                  part 50, appendix K, is to establish
                                                  Gallagher; telephone: 301–415–3463;                     reactors fueled with zircaloy or                      acceptance criteria for ECCS
                                                  email: Carol.Gallagher@nrc.gov. For                     ZIRLOTM fuel rod cladding material. In                performance. The regulations in 10 CFR
                                                  technical questions, contact the                        addition, 10 CFR part 50, appendix K,                 50.46 and 10 CFR part 50, appendix K,
mstockstill on DSK3G9T082PROD with NOTICES




                                                  individual listed in the FOR FURTHER                    requires that the Baker-Just equation be              are not directly applicable to Optimized
                                                  INFORMATION CONTACT section of this                     used to predict the rates of energy                   ZIRLOTM, even though the evaluations
                                                  document.                                               release, hydrogen concentration, and                  described in the following sections of
                                                     • NRC’s Agencywide Documents                         cladding oxidation from the metal/water               this exemption show that the intent of
                                                  Access and Management System                            reaction. The Baker-Just equation                     the regulation is met. Therefore, since
                                                  (ADAMS): You may obtain publicly-                       assumes the use of a zirconium alloy,                 the underlying purposes of 10 CFR
                                                  available documents online in the                       which is a material different from                    50.46 and 10 CFR part 50, appendix K,


                                             VerDate Sep<11>2014   17:34 Aug 09, 2016   Jkt 238001   PO 00000   Frm 00101   Fmt 4703   Sfmt 4703   E:\FR\FM\10AUN1.SGM   10AUN1


                                                                             Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices                                           52911

                                                  are achieved through the use of                         (ADAMS Accession No. ML062080569),                    reaction tests performed by
                                                  Optimized ZIRLOTM fuel rod cladding                     demonstrate an acceptable retention of                Westinghouse on Optimized ZIRLOTM
                                                  material, the special circumstances                     post-quench ductility up to 10 CFR                    (see Appendix B of WCAP–12610–P–A
                                                  required by 10 CFR 50.12(a)(2)(ii) for the              50.46 limits of 2200 degrees Fahrenheit               & CENPD–404–P–A Addendum 1–A)
                                                  granting of an exemption exist.                         and 17 percent equivalent clad reacted.               demonstrate conservative reaction rates
                                                                                                          Furthermore, the NRC staff concluded                  relative to the Baker-Just equation.
                                                  B. Authorized by Law
                                                                                                          that oxidation measurements provided                  Therefore, the NRC staff determined that
                                                    This exemption would allow the use                    by the licensee by letter LTR–NRC–07–                 the application of Paragraph I.A.5 of 10
                                                  of Optimized ZIRLOTM fuel rod                           58 from Westinghouse to the NRC, ‘‘SER                CFR part 50, appendix K, is not
                                                  cladding material for future reload                     Compliance with WCAP–12610–P–A &                      necessary to achieve the underlying
                                                  applications at WCGS. As stated above,                  CENPD–404–P–A, Addendum 1–A,                          purpose of the rule in these
                                                  10 CFR 50.12 allows the NRC to grant                    ‘Optimized ZIRLOTM,’ ’’ dated                         circumstances. Since these evaluations
                                                  exemptions from the requirements of 10                  November 6, 2007 (public version in                   demonstrate that the underlying
                                                  CFR part 50. The NRC staff has                          ADAMS under Accession No.                             purpose of the rule will be met, there
                                                  determined that granting the licensee’s                 ML073130560), illustrate that oxide                   will be no undue risk to the public
                                                  proposed exemption would not result in                  thickness and associated hydrogen                     health and safety.
                                                  a violation of the Atomic Energy Act of                 pickup for Optimized ZIRLOTM at any
                                                  1954, as amended, or the Commission’s                   given burnup would be less than both                  D. Consistent With the Common Defense
                                                  regulations. Therefore, the exemption is                zircaloy-4 and ZIRLOTM. Hence, the                    and Security
                                                  authorized by law.                                      NRC staff concludes that Optimized                       The licensee’s exemption request is
                                                  C. No Undue Risk to Public Health and                   ZIRLOTM would be expected to                          only to allow the application of the
                                                  Safety                                                  maintain better post-quench ductility                 aforementioned regulations to an
                                                                                                          than ZIRLOTM. This finding is further                 improved fuel rod cladding material. In
                                                     Section 50.46 requires that each                     supported by an ongoing LOCA research
                                                  boiling or pressurized light-water                                                                            its letter dated January 27, 2016, as
                                                                                                          program at Argonne National                           supplemented by letter dated May 19,
                                                  nuclear power reactor fueled with                       Laboratory, which has identified a
                                                  uranium oxide pellets within                                                                                  2016, the licensee stated that all the
                                                                                                          strong correlation between cladding                   requirements and acceptance criteria
                                                  cylindrical zircaloy or ZIRLOTM                         hydrogen content (caused by in-service
                                                  cladding must be provided with an                                                                             will be maintained. The licensee is
                                                                                                          corrosion) and post-quench ductility.                 required to handle and control special
                                                  ECCS that must be designed so that its                     In addition, the provisions of 10 CFR
                                                  calculated cooling performance                                                                                nuclear material in these assemblies in
                                                                                                          50.46 require the licensee to                         accordance with its approved
                                                  following postulated loss-of-coolant                    periodically evaluate the performance of
                                                  accidents (LOCAs) conforms to the                                                                             procedures. This change to the plant
                                                                                                          the ECCS, using currently approved
                                                  criteria set forth in 10 CFR 50.46(b). The                                                                    configuration is not related to security
                                                                                                          LOCA models and methods, to ensure
                                                  underlying purpose of 10 CFR 50.46 is                                                                         issues. Therefore, the NRC staff
                                                                                                          that the fuel rods will continue to satisfy
                                                  to establish acceptance criteria for                                                                          determined that this exemption does not
                                                                                                          the 10 CFR 50.46 acceptance criteria. In
                                                  adequate ECCS performance. As                                                                                 impact common defense and security.
                                                                                                          its letter dated January 27, 2016, the
                                                  previously documented in the NRC                        licensee stated that for LOCA scenarios,              E. Environmental Considerations
                                                  staff’s safety evaluation dated June 10,                where the slight difference in Optimized
                                                  2005 (ADAMS Package Accession No.                       ZIRLOTM material properties relative to                  The NRC staff determined that the
                                                  ML051670395), of topical reports                        standard ZIRLOTM could have some                      exemption discussed herein meets the
                                                  submitted by Westinghouse Electric                      impact on the overall accident scenario,              eligibility criteria for the categorical
                                                  Company (Westinghouse), and subject                     plant-specific LOCA analyses using                    exclusion set forth in 10 CFR 51.22(c)(9)
                                                  to compliance with the specific                         Optimized ZIRLOTM properties will                     because it is related to a requirement
                                                  conditions of approval established in                   demonstrate that the acceptance criteria              concerning the installation or use of a
                                                  the safety evaluation, the NRC staff                    of 10 CFR 50.46 have been satisfied.                  facility component located within the
                                                  found that Westinghouse demonstrated                    Granting the exemption to allow the                   restricted area, as defined in 10 CFR
                                                  the applicability of these ECCS                         licensee to use Optimized ZIRLOTM fuel                part 20, and the granting of this
                                                  acceptance criteria to Optimized                        rod cladding material in addition to the              exemption involves: (i) No significant
                                                  ZIRLOTM. The NRC staff found that the                   current mix of fuel rods does not                     hazards consideration, (ii) no significant
                                                  Westinghouse topical report                             diminish this requirement of periodic                 change in the types or a significant
                                                  demonstrates the applicability of these                 evaluation of ECCS performance.                       increase in the amounts of any effluents
                                                  ECCS acceptance criteria to Optimized                   Therefore, the underlying purpose of the              that may be released offsite, and (iii) no
                                                  ZIRLOTM, subject to the compliance                      rule will continue to be achieved for                 significant increase in individual or
                                                  with the specific conditions of approval                WCGS.                                                 cumulative occupational radiation
                                                  established therein. The NRC staff                         Paragraph I.A.5 of 10 CFR part 50,                 exposure. Therefore, in accordance with
                                                  reviewed the licensee’s January 27,                     appendix K, states that the rates of                  10 CFR 51.22(b), no environmental
                                                  2016, application, as supplemented by                   energy release, hydrogen concentration,               impact statement or environmental
                                                  letter dated May 9, 2016, against these                 and cladding oxidation from the metal-                assessment need be prepared in
                                                  specific conditions and found that the                  water reaction shall be calculated using              connection with the NRC’s
                                                  licensee was in compliance with all of                  the Baker-Just equation. Since the                    consideration of this exemption request.
                                                  the applicable conditions. The NRC                      Baker-Just equation presumes the use of               The basis for the NRC staff’s
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                                                  staff’s review of these specific                        zircaloy clad fuel, strict application of             determination is discussed as follows
                                                  conditions for WCGS can be found in                     this provision of the rule would not                  with an evaluation against each of the
                                                  ADAMS under Accession No.                               permit use of the equation for the                    requirements in 10 CFR 51.22(c)(9).
                                                  ML16179A293. Ring compression tests                     Optimized ZIRLOTM fuel rod cladding                   Requirements in 10 CFR 51.22(c)(9)(i)
                                                  performed by Westinghouse on                            material for determining acceptable fuel
                                                  Optimized ZIRLOTM (see WCAP–14342–                      performance. However, the NRC staff                     The NRC staff evaluated the issue of
                                                  A & CENPD–404–NP–A, dated July 2006                     previously found that metal-water                     no significant hazards consideration,


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                                                  52912                      Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices

                                                  using the standards described in 10 CFR                    Based on the above, the NRC staff                  exemption relates solely to the cladding
                                                  50.92(c), as presented below:                           concludes that the proposed exemption                 material specified in these regulations.
                                                                                                          presents no significant hazards consideration
                                                     1. Does the proposed exemption involve a             under the standards set forth in 10 CFR                 Dated at Rockville, Maryland, this 2nd day
                                                  significant increase in the probability or              50.92(c), and, accordingly, a finding of no           of August 2016.
                                                  consequences of an accident previously                  significant hazards consideration is justified          For the Nuclear Regulatory Commission.
                                                  evaluated?                                              (i.e., satisfies the provision of 10 CFR              Anne T. Boland,
                                                     Response: No. The proposed change would              51.22(c)(9)(i)).
                                                  allow the use of Optimized ZIRLOTM fuel rod                                                                   Director, Division of Operating Reactor
                                                  cladding material in the reactors. The NRC              Requirements in 10 CFR 51.22(c)(9)(ii)                Licensing, Office of Nuclear Reactor
                                                  approved topical report WCAP–12610–P–A &                                                                      Regulation.
                                                                                                             The proposed exemption would allow
                                                  CENPD–404–P–A Addendum 1–A,                                                                                   [FR Doc. 2016–18979 Filed 8–9–16; 8:45 am]
                                                  ‘‘Optimized ZIRLOTM,’’ prepared by
                                                                                                          the use of Optimized ZIRLOTM fuel rod
                                                                                                                                                                BILLING CODE 7590–01–P
                                                  Westinghouse, addresses Optimized                       cladding material in the reactors.
                                                  ZIRLOTM and demonstrates that Optimized                 Optimized ZIRLOTM has essentially the
                                                  ZIRLOTM has essentially the same properties             same properties as the currently
                                                  as the currently licensed ZIRLOTM. The fuel             licensed ZIRLOTM. The use of the
                                                  cladding itself is not an accident initiator and        Optimized ZIRLOTM fuel rod cladding                   OFFICE OF PERSONNEL
                                                  does not affect accident probability. Use of            material will not significantly change                MANAGEMENT
                                                  Optimized ZIRLOTM fuel rod cladding                     the types of effluents that may be
                                                  material will continue to meet all 10 CFR                                                                     Excepted Service
                                                                                                          released offsite, or significantly increase
                                                  50.46 acceptance criteria and, therefore, will
                                                  not increase the consequences of an accident.
                                                                                                          the amount of effluents that may be                   AGENCY: U.S. Office of Personnel
                                                     Therefore, the proposed change does not              released offsite. Therefore, the provision            Management (OPM).
                                                  involve a significant increase in the                   of 10 CFR 51.22(c)(9)(ii) is satisfied.               ACTION: Notice.
                                                  probability or consequences of an accident              Requirements in 10 CFR 51.22(c)(9)(iii)
                                                  previously evaluated.                                                                                         SUMMARY:   This notice identifies
                                                     2. Does the proposed exemption create the               The proposed exemption would allow                 Schedule A, B, and C appointing
                                                  possibility of a new or different kind of               the use of the Optimized ZIRLOTM fuel                 authorities applicable to a single agency
                                                  accident from any accident previously                   rod cladding material in the reactors.                that were established or revoked from
                                                  evaluated?                                              Optimized ZIRLOTM has essentially the
                                                     Response: No. The use of Optimized                                                                         May 1, 2016 to May 31, 2016.
                                                                                                          same properties as the currently
                                                  ZIRLOTM fuel rod cladding material will not                                                                   FOR FURTHER INFORMATION CONTACT:
                                                                                                          licensed ZIRLOTM. The use of the
                                                  result in changes in the operation or                                                                         Senior Executive Resources Services,
                                                  configuration of the facility. Topical Report           Optimized ZIRLOTM fuel rod cladding
                                                                                                          material will not significantly increase              Senior Executive Service and
                                                  WCAP–12610–P–A & CENPD–404–P–A                                                                                Performance Management, Employee
                                                  demonstrated that the material properties of            individual occupational radiation
                                                                                                          exposure, or significantly increase                   Services, (202) 606–2246.
                                                  Optimized ZIRLOTM are similar to those of
                                                  standard ZIRLOTM. Therefore, the Optimized              cumulative occupational radiation                     SUPPLEMENTARY INFORMATION: In
                                                  ZIRLOTM fuel rod cladding material will                 exposure. Therefore, the provision of 10              accordance with 5 CFR 213.103,
                                                  perform similarly to those fabricated from              CFR 51.22(c)(9)(iii) is satisfied.                    Schedule A, B, and C appointing
                                                  standard ZIRLOTM, therefore precluding the                                                                    authorities available for use by all
                                                  possibility of the fuel cladding becoming an            Conclusion                                            agencies are codified in the Code of
                                                  accident initiator and causing a new or
                                                                                                             Based on the above, the NRC staff                  Federal Regulations (CFR). Schedule A,
                                                  different type of accident.
                                                     Therefore, the proposed change does not              concludes that the proposed exemption                 B, and C appointing authorities
                                                  create the possibility of a new or different            meets the eligibility criteria for the                applicable to a single agency are not
                                                  kind of accident from any previously                    categorical exclusion set forth in 10 CFR             codified in the CFR, but the Office of
                                                  evaluated.                                              51.22(c)(9). Therefore, in accordance                 Personnel Management (OPM)
                                                     3. Does the proposed exemption involve a             with 10 CFR 51.22(b), no environmental                publishes a notice of agency-specific
                                                  significant reduction in a margin of safety?            impact statement or environmental                     authorities established or revoked each
                                                     Response: No. The proposed change will               assessment need be prepared in                        month in the Federal Register at
                                                  not involve a significant reduction in the              connection with the NRC’s proposed                    www.gpo.gov/fdsys/. OPM also
                                                  margin of safety, because it has been                   issuance of this exemption.                           publishes an annual notice of the
                                                  demonstrated that the material properties of
                                                  the Optimized ZIRLOTM are not significantly                                                                   consolidated listing of all Schedule A,
                                                                                                          IV. Conclusions
                                                  different from those of standard ZIRLOTM.                                                                     B, and C appointing authorities, current
                                                  Optimized ZIRLOTM is expected to perform
                                                                                                            Accordingly, the Commission has                     as of June 30, in the Federal Register.
                                                  similarly to standard ZIRLOTM for all normal            determined that, pursuant to 10 CFR
                                                                                                          50.12, the exemption is authorized by                 Schedule A
                                                  operating and accident scenarios, including
                                                  both LOCA and non-LOCA scenarios. For                   law, will not present an undue risk to                  No schedule A authorities to report
                                                  LOCA scenarios, where the slight difference             the public health and safety, and is                  during May 2016.
                                                  in the Optimized ZIRLOTM material                       consistent with the common defense
                                                  properties, relative to standard ZIRLOTM                and security. Also, special                           Schedule B
                                                  could have some impact on the overall                   circumstances are present. Therefore,                   No schedule B authorities to report
                                                  accident scenario, plant-specific LOCA                  the Commission hereby grants WCNOC
                                                  analyses using the Optimized ZIRLOTM
                                                                                                                                                                during May 2016.
                                                  properties demonstrate that the acceptance
                                                                                                          an exemption from the requirements of
                                                                                                          10 CFR 50.46 and 10 CFR part 50,                      Schedule C
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                                                  criteria of 10 CFR 50.46 have been satisfied.
                                                     Therefore, the proposed change does not              appendix K, to allow the use of                         The following Schedule C appointing
                                                  involve a significant reduction in a margin of          Optimized ZIRLOTM fuel rod cladding                   authorities were approved during May
                                                  safety.                                                 material at WCGS. As stated above, this               2016.




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Document Created: 2016-08-10 01:59:12
Document Modified: 2016-08-10 01:59:12
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 August 2, 2016.
ContactCarl F. Lyon, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2296, email: [email protected]
FR Citation81 FR 52910 

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