81 FR 54131 - Southern Nuclear Operating Company; Farley Nuclear Plant, Units 1 and 2, and Vogtle Electric Generating Plant, Units 1 and 2; Use of Optimized ZIRLOTM
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 157 (August 15, 2016)
Federal Register Volume 81, Issue 157 (August 15, 2016)
| Page Range | 54131-54133 | |
| FR Document | 2016-19363 |
[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)] [Notices] [Pages 54131-54133] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19363] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-348, 50-364, 50-424, and 50-425; NRC-2016-0169] Southern Nuclear Operating Company; Farley Nuclear Plant, Units 1 and 2, and Vogtle Electric Generating Plant, Units 1 and 2; 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 March 16, 2016, request from Southern Nuclear Operating Company (SNC or the licensee) in order to use Optimized ZIRLO\TM\ fuel rod cladding material at the Farley Nuclear Plant (FNP), Units 1 and 2, and the Vogtle Electric Generating Plant (VEGP), Units 1 and 2. DATES: The exemption was issued on August 4, 2016. ADDRESSES: Please refer to Docket ID NRC-2016-0169 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-2016-0169. 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 (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: Robert Martin, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-1493, email: [email protected]. SUPPLEMENTARY INFORMATION: I. Background Southern Nuclear Operating Company is the holder of Renewed Facility Operating License Nos. NPF-2, NPF-8, NPF-68, and NPF-81, which authorize operation of FNP, Units 1 and 2, and VEGP, Units 1 and 2, respectively. The licenses provide, among other things, that each facility is subject to all rules, regulations, and orders of the NRC now or hereafter in effect. The FNP and VEGP units are pressurized-water reactors located in Houston County, Alabama, and Burke County, Georgia, respectively. II. Request/Action Pursuant to Sec. 50.12 title 10 of the Code of Federal Regulations (10 CFR), ``Specific exemptions,'' the licensee has requested by letter dated March 16, 2016 (ADAMS Accession No. ML16076A217), 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 Optimized ZIRLO\TM\. The regulations in 10 CFR 50.46(a) require that the calculated cooling performance following postulated loss-of-coolant accidents (LOCAs) at reactors fueled with zircaloy or ZIRLO[supreg] cladding conforms to the criteria set forth in 10 CFR 50.46(b). In addition, 10 CFR part 50, appendix K, requires, in part, that the Baker-Just equation be used to predict the rates of energy release, hydrogen generation, and cladding oxidation from the metal/water reaction. The Baker-Just equation assumes the use of zircaloy materials that have different chemical compositions from Optimized ZIRLO\TM\. As written, these regulations presume only the use of zircaloy or ZIRLO[supreg] 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 [[Page 54132]] support the use of a different fuel rod cladding material. Accordingly, the licensee requested an exemption to allow the use of Optimized ZIRLO\TM\ fuel rod cladding at FNP and VEGP. 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 reassurance of safety in the event of a LOCA. Although the wording of the regulations in 10 CFR 50.46 and 10 CFR part 50, appendix K, is not expressly applicable to Optimized ZIRLOTM, the evaluations described in the following sections of this exemption show that the purpose of the regulations is met by this exemption in that subject to certain conditions, the acceptance criteria are valid for Optimized ZIRLO\TM\ fuel cladding material, Optimized ZIRLO\TM\ would maintain better post-quench ductility, and the Baker-Just equation conservatively bounds LOCA scenario metal-water reaction rates and is applicable to Optimized ZIRLO\TM\. Because the underlying purposes of 10 CFR 50.46 and 10 CFR part 50, appendix K, can be achieved through the application of these requirements to 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 fuel rods clad with Optimized ZIRLO\TM\ in future core reload applications for FNP and VEGP. 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. Westinghouse Electric Company, LLC (Westinghouse), Topical Report ``WCAP-12610-P-A & CENPD-404-P-A, Addendum 1-A, ``Optimized ZIRLO\TM\,'' '' dated July 2006, contain the justification to use Optimized ZIRLOTM fuel rod cladding material, in addition to Zircaloy-4 and ZIRLO[supreg]. The complete topical report is not publicly available because it contains proprietary information; however, a redacted version and the NRC safety evaluation are available in ADAMS under Accession No. ML062080569. The NRC staff found that the Westinghouse topical report demonstrates the applicability of the ECCS acceptance criteria to Optimized ZIRLO\TM\, subject to the compliance with the specific conditions of approval established therein. The NRC staff reviewed the March 16, 2016, application against these specific conditions and concluded that the licensee is in compliance with all of the applicable conditions. The NRC staff's review of these specific conditions for FNP and VEGP can be found in ADAMS under Accession No. ML16179A386. Ring compression tests performed by Westinghouse on Optimized ZIRLOTM were reviewed and approved by the NRC staff in Topical Report WCAP-14342-A & CENPD-404-NP-A, Addendum 1-A, and demonstrate an acceptable retention of post-quench ductility up to the 10 CFR 50.46 limits of 2,200 degrees Fahrenheit and 17 percent equivalent clad reacted. Furthermore, the NRC staff has concluded that oxidation measurements provided by Westinghouse illustrate that oxide thickness (and associated hydrogen pickup) for Optimized ZIRLO\TM\ at any given burnup would be less than that for both zircaloy and ZIRLO[supreg] (ADAMS Package Accession No. ML073130555). Hence, the NRC staff concludes that Optimized ZIRLOTM would be expected to maintain acceptable post-quench ductility. The provisions of 10 CFR part 50, appendix K, paragraph I.A.5, ``Metal-Water Reaction Rate,'' serve to ensure that cladding oxidation and hydrogen generation are limited appropriately during a LOCA and are conservatively accounted for in the ECCS evaluation model. That regulation 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. Since the use of the Baker-Just equation presumes the use of zircaloy-clad fuel, strict application of the rule would not permit use of the equation for Optimized ZIRLOTM cladding for determining acceptable fuel performance. As concluded in the NRC staff's safety evaluation for the associated topical report, Westinghouse demonstrated that the Baker- Just model is conservative in all post-LOCA scenarios with respect to the use of the Optimized ZIRLOTM as a fuel cladding material. The NRC-approved topical report has demonstrated that predicted chemical, thermal, and mechanical characteristics of the Optimized ZIRLOTM alloy cladding are bounded by those approved for ZIRLO[supreg] under anticipated operational occurrences and postulated accidents. Reload cores are required to be operated in accordance with the operating limits specified in the technical specifications (TSs) and the core operating limits report. Based on the above, no new accident precursors are created by using Optimized ZIRLOTM; therefore, the probability of postulated accidents is not increased. Also, based on the above, the consequences of postulated accidents are not increased. Therefore, there is no undue risk to public health and safety due to using Optimized ZIRLO\TM\. D. Consistent With Common Defense and Security The proposed exemption would allow the use of Optimized ZIRLO\TM\ fuel rod cladding material at FNP and VEGP. This change to the plant configuration is adequately controlled by TS 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. 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 [[Page 54133]] facility component located within the restricted area, as defined in 10 CFR part 20, and issuance 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)(i)-(iii). Requirements in 10 CFR 51.22(c)(9)(i) The NRC staff evaluated whether the exemption involves no significant hazards consideration 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 clad nuclear fuel 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 currently licensed ZIRLO[supreg]. The fuel cladding itself is not an accident initiator and does not affect accident probability. Use of Optimized ZIRLOTM fuel cladding has been shown 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. Use of Optimized ZIRLOTM clad fuel will not result in changes in the operation or configuration of the facility. Topical Report WCAP-12610-P-A & CENPD-404-P-A demonstrate that the material properties of Optimized ZIRLOTM are similar to those of ZIRLO[supreg]. Therefore, Optimized ZIRLOTM fuel rod cladding will perform similarly to those fabricated from ZIRLO[supreg], and, therefore, precludes the possibility of the fuel 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 accident 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 Optimized ZIRLOTM are not significantly different from those of ZIRLO[supreg]. Optimized ZIRLOTM is expected to perform similarly to ZIRLO[supreg] for all normal operating and accident scenarios, including both LOCA and non-LOCA scenarios. For LOCA scenarios, plant-specific evaluations have been performed, which allow the use of fuel assemblies with fuel rods containing Optimized ZIRLOTM. These LOCA evaluations address the NRC safety evaluation report conditions and limitations for Optimized ZIRLOTM fuel rod cladding and provide continued compliance with the acceptance criteria of 10 CFR 50.46. 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 involves no significant hazards consideration. Accordingly, the requirements of 10 CFR 51.22(c)(9)(i) are met. Requirements in 10 CFR 51.22(c)(9)(ii) The proposed exemption would allow the use of Optimized ZIRLO\TM\ fuel rod cladding material in the reactors. Optimized ZIRLO\TM\ has essentially the same material properties and performance characteristics as the currently licensed ZIRLO[supreg] cladding. Therefore, the use of Optimized ZIRLO\TM\ 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 requirements of 10 CFR 51.22(c)(9)(ii) are met. Requirements in 10 CFR 51.22(c)(9)(iii) The proposed exemption would allow the use of Optimized ZIRLO\TM\ fuel rod cladding material in the reactors. Optimized ZIRLO\TM\ has essentially the same material properties and performance characteristics as the currently licensed ZIRLO[supreg] cladding. Therefore, the use of Optimized ZIRLO\TM\ fuel rod cladding material will not significantly increase individual occupational radiation exposure or significantly increase cumulative occupational radiation exposure. Therefore, the requirements of 10 CFR 51.22(c)(9)(iii) are met. 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(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 SNC an exemption from the requirements of 10 CFR 50.46 and 10 CFR part 50, appendix K, paragraph I.A.5, to allow the application of these criteria to, and the use of, Optimized ZIRLO\TM\ fuel rod cladding material at FNP and VEGP. Dated at Rockville, Maryland, this 4th 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. 2016-19363 Filed 8-12-16; 8:45 am] BILLING CODE 7590-01-P
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subsequently licensed for distribution by the violations. The NRC also concluded that the document referenced (if that document
Licensee. Licensee provided an adequate basis for is available in ADAMS) is provided the
mitigation of the proposed civil penalty first time that a document is referenced.
NRC Evaluation of Licensee’s Response to
amount. Consequently, a reduced civil • NRC’s PDR: You may examine and
Violations
penalty in the amount of $21,000 will be
The NRC considers these violations imposed.
purchase copies of public documents at
significant because the requirements in [FR Doc. 2016–19359 Filed 8–12–16; 8:45 am] the NRC’s PDR, Room O1–F21, One
§ 30.3(a) of Title 10 of the Code of Federal BILLING CODE 7590–01–P
White Flint North, 11555 Rockville
Regulations (CFR) provide reasonable Pike, Rockville, Maryland 20852.
assurance that transfers and the products FOR FURTHER INFORMATION CONTACT:
intended for use by unlicensed persons meet Robert Martin, Office of Nuclear Reactor
NUCLEAR REGULATORY
the applicable requirements. The failure to
obtain appropriate license authorization to COMMISSION Regulation, U.S. Nuclear Regulatory
distribute these products is significant Commission, Washington DC 20555–
[Docket Nos. 50–348, 50–364, 50–424, and
because it resulted in the NRC not being able 50–425; NRC–2016–0169] 0001; telephone: 301–415–1493, email:
to conduct its regulatory responsibilities to Robert.Martin@nrc.gov.
ensure that the products were safe for Southern Nuclear Operating Company; SUPPLEMENTARY INFORMATION:
distribution to members of the general Farley Nuclear Plant, Units 1 and 2,
public. The fact that there was no actual I. Background
and Vogtle Electric Generating Plant,
contamination found, and that the NRC was
Units 1 and 2; Use of Optimized Southern Nuclear Operating Company
subsequently able to approve the Licensee’s
application for possession and distribution ZIRLOTM Fuel Rod Cladding Material is the holder of Renewed Facility
licenses, is fortuitous, but does not decrease Operating License Nos. NPF–2, NPF–8,
AGENCY: Nuclear Regulatory NPF–68, and NPF–81, which authorize
the importance of the regulatory requirement
Commission. operation of FNP, Units 1 and 2, and
and NRC oversight. Also, the NRC considers
the Licensee’s actions regarding all three of ACTION: Exemption; issuance. VEGP, Units 1 and 2, respectively. The
the violations to be willful and because the licenses provide, among other things,
NRC’s regulatory programs rely upon the SUMMARY: The U.S. Nuclear Regulatory
that each facility is subject to all rules,
integrity of entities, applicants, and licensees Commission (NRC) is issuing an
regulations, and orders of the NRC now
to comply with NRC requirements, the exemption in response to a March 16,
or hereafter in effect.
willful violations are of significant concern to 2016, request from Southern Nuclear
the NRC. Therefore, in accordance with the
The FNP and VEGP units are
Operating Company (SNC or the
Enforcement Policy (ADAMS Accession No. pressurized-water reactors located in
licensee) in order to use Optimized
ML16197A561), these violations are Houston County, Alabama, and Burke
ZIRLOTM fuel rod cladding material at
appropriately characterized as Severity Level County, Georgia, respectively.
the Farley Nuclear Plant (FNP), Units 1
III violations. Accordingly, the significance of
these violations have been determined to and 2, and the Vogtle Electric II. Request/Action
remain valid as stated in the Notice. Generating Plant (VEGP), Units 1 and 2. Pursuant to § 50.12 title 10 of the
2. Summary of Licensee’s Request for DATES: The exemption was issued on Code of Federal Regulations (10 CFR),
Mitigation of Civil Penalty Amount August 4, 2016. ‘‘Specific exemptions,’’ the licensee has
The Licensee stated that Plus, LLC, should requested by letter dated March 16,
ADDRESSES: Please refer to Docket ID
be considered a small entity and that if
considered a small entity then the amount of NRC–2016–0169 when contacting the 2016 (ADAMS Accession No.
annual license fees that Plus, LLC, avoided NRC about the availability of ML16076A217), an exemption from 10
over the duration of the violations is less information regarding this document. CFR 50.46, ‘‘Acceptance criteria for
than the $70,000 estimated by the NRC. The You may obtain publicly-available emergency core cooling systems [ECCS]
Licensee requested that the NRC reconsider information related to this document for light-water nuclear power reactors,’’
the civil penalty amount proposed. using any of the following methods: and 10 CFR part 50, appendix K, ‘‘ECCS
NRC Evaluation of Licensee’s Request for • Federal Rulemaking Web site: Go to Evaluation Models,’’ to allow the use of
Mitigation of Civil Penalty Amount http://www.regulations.gov and search fuel rods clad with Optimized ZIRLOTM.
The NRC confirmed that, on or about for Docket ID NRC–2016–0169. Address The regulations in 10 CFR 50.46(a)
March 22, 2016, Plus, LLC, requested small questions about NRC dockets to Carol require that the calculated cooling
entity classification by submitting an NRC Gallagher; telephone: 301–415–3463; performance following postulated loss-
Form 526—Certification of Small Entity email: Carol.Gallagher@nrc.gov. For of-coolant accidents (LOCAs) at reactors
Status for the Purposes of Annual Fees technical questions, contact the fueled with zircaloy or ZIRLO® cladding
Imposed under 10 CFR part 171, along with individual listed in the FOR FURTHER conforms to the criteria set forth in 10
the Licensee’s first annual fee invoice. The INFORMATION CONTACT section of this CFR 50.46(b). In addition, 10 CFR part
request was accepted by the NRC and document. 50, appendix K, requires, in part, that
therefore, Plus, LLC, is considered to be a • NRC’s Agencywide Documents the Baker-Just equation be used to
small entity entitled to reduced fees under 10
CFR 171.16. Accordingly, the NRC
Access and Management System predict the rates of energy release,
recalculated the annual fees avoided (ADAMS): You may obtain publicly- hydrogen generation, and cladding
assuming small entity status and determined available documents online in the oxidation from the metal/water reaction.
that the amount of annual license fees that ADAMS Public Documents collection at The Baker-Just equation assumes the use
Plus, LLC, avoided was approximately http://www.nrc.gov/reading-rm/ of zircaloy materials that have different
$11,200. Therefore, the NRC has concluded adams.html. To begin the search, select chemical compositions from Optimized
that it will not escalate the base civil penalty, ‘‘ADAMS Public Documents’’ and then ZIRLOTM. As written, these regulations
sradovich on DSK3GMQ082PROD with NOTICES
and will reduce the proposed civil penalty to select ‘‘Begin Web-based ADAMS presume only the use of zircaloy or
$21,000 as determined by application of the Search.’’ For problems with ADAMS, ZIRLO® fuel rod cladding and do not
NRC Enforcement policy.
Conclusion:
please contact the NRC’s Public contain provisions for use of fuel rods
Based on its evaluation, the NRC has Document Room (PDR) reference staff at with other cladding materials.
concluded that these violations occurred as 1–800–397–4209, 301–415–4737, or by Therefore, an exemption from the
stated, and that adequate basis does not exist email to pdr.resource@nrc.gov. The requirements of 10 CFR 50.46 and 10
for mitigation of the severity level of these ADAMS accession number for each CFR part 50, appendix K, is needed to
VerDate Sep<11>2014 19:23 Aug 12, 2016 Jkt 238001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\15AUN1.SGM 15AUN1](https://thefederalregister.org/doc/81_FR_54288/page/1.svg)
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facility component located within the 3. Does the proposed exemption involve a with 10 CFR 51.22(b), no environmental
restricted area, as defined in 10 CFR significant reduction in a margin of safety? impact statement or environmental
part 20, and issuance of this exemption Response: No. assessment need be prepared in
The proposed change will not involve a
involves: (i) No significant hazards significant reduction in the margin of safety
connection with the NRC’s proposed
consideration, (ii) no significant change because it has been demonstrated that the issuance of this exemption.
in the types or a significant increase in material properties of Optimized ZIRLOTM IV. Conclusions
the amounts of any effluents that may be are not significantly different from those of
released offsite, and (iii) no significant ZIRLO®. Optimized ZIRLOTM is expected to Accordingly, the Commission has
increase in individual or cumulative perform similarly to ZIRLO® for all normal determined that, pursuant to 10 CFR
occupational radiation exposure. operating and accident scenarios, including 50.12(a), the exemption is authorized by
both LOCA and non-LOCA scenarios. For law, will not present an undue risk to
Therefore, in accordance with 10 CFR
LOCA scenarios, plant-specific evaluations the public health and safety, is
51.22(b), no environmental impact have been performed, which allow the use of
statement or environmental assessment fuel assemblies with fuel rods containing
consistent with the common defense
need be prepared in connection with the Optimized ZIRLOTM. These LOCA and security, and that special
NRC’s consideration of this exemption evaluations address the NRC safety circumstances are present to warrant
request. The basis for the NRC staff’s evaluation report conditions and limitations issuance of the exemption. Therefore,
determination is discussed as follows, for Optimized ZIRLOTM fuel rod cladding the Commission hereby grants SNC an
with an evaluation against each of the and provide continued compliance with the exemption from the requirements of 10
acceptance criteria of 10 CFR 50.46. CFR 50.46 and 10 CFR part 50,
requirements in 10 CFR 51.22(c)(9)(i)–
(iii). Therefore, the proposed change does appendix K, paragraph I.A.5, to allow
not involve a significant reduction in a the application of these criteria to, and
Requirements in 10 CFR 51.22(c)(9)(i) margin of safety. the use of, Optimized ZIRLOTM fuel rod
Based on the above, the NRC staff cladding material at FNP and VEGP.
The NRC staff evaluated whether the
concludes that the proposed exemption Dated at Rockville, Maryland, this 4th day
exemption involves no significant
involves no significant hazards of August 2016.
hazards consideration using the
consideration. Accordingly, the For the Nuclear Regulatory Commission.
standards described in 10 CFR 50.92(c),
requirements of 10 CFR 51.22(c)(9)(i) are Anne T. Boland,
as presented below:
met. Director, Division of Operating Reactor
1. Does the proposed exemption involve a
significant increase in the probability or Requirements in 10 CFR 51.22(c)(9)(ii) Licensing, Office of Nuclear Reactor
consequences of an accident previously Regulation.
The proposed exemption would allow
evaluated? [FR Doc. 2016–19363 Filed 8–12–16; 8:45 am]
the use of Optimized ZIRLOTM fuel rod
Response: No. BILLING CODE 7590–01–P
cladding material in the reactors.
The proposed change would allow the use
of Optimized ZIRLOTM clad nuclear fuel in
Optimized ZIRLOTM has essentially the
the reactors. The NRC approved Topical same material properties and NUCLEAR REGULATORY
Report WCAP–12610–P–A & CENPD–404–P– performance characteristics as the COMMISSION
A, Addendum 1–A, ‘‘Optimized ZIRLOTM,’’ currently licensed ZIRLO® cladding.
prepared by Westinghouse, addresses Therefore, the use of Optimized Request for a License To Export High-
Optimized ZIRLOTM and demonstrates that ZIRLOTM fuel rod cladding material will Enriched Uranium
Optimized ZIRLOTM has essentially the same not significantly change the types of
properties as currently licensed ZIRLO®. The effluents that may be released offsite or Pursuant to Title 10 of the Code of
fuel cladding itself is not an accident initiator significantly increase the amount of Federal Regulations (10 CFR) 110.70 (b)
and does not affect accident probability. Use ‘‘Public Notice of Receipt of an
of Optimized ZIRLOTM fuel cladding has
effluents that may be released offsite.
Therefore, the requirements of 10 CFR Application,’’ please take notice that the
been shown to meet all 10 CFR 50.46 U.S. Nuclear Regulatory Commission
acceptance criteria and, therefore, will not 51.22(c)(9)(ii) are met.
increase the consequences of an accident.
(NRC) has received the following
Requirements in 10 CFR 51.22(c)(9)(iii) request for an export license. Copies of
Therefore, the proposed change does not
involve a significant increase in the The proposed exemption would allow the request are available electronically
probability or consequences of an accident the use of Optimized ZIRLOTM fuel rod through the Agencywide Documents
previously evaluated. cladding material in the reactors. Access and Management System and
2. Does the proposed exemption create the Optimized ZIRLOTM has essentially the can be accessed through the Public
possibility of a new or different kind of same material properties and Electronic Reading Room link http://
accident from any accident previously performance characteristics as the www.nrc.gov/reading-rm.html at the
evaluated?
Response: No.
currently licensed ZIRLO® cladding. NRC Homepage.
Therefore, the use of Optimized A request for a hearing or petition for
Use of Optimized ZIRLOTM clad fuel will
not result in changes in the operation or ZIRLOTM fuel rod cladding material will leave to intervene may be filed within
configuration of the facility. Topical Report not significantly increase individual thirty days after publication of this
WCAP–12610–P–A & CENPD–404–P–A occupational radiation exposure or notice in the Federal Register (FR). Any
demonstrate that the material properties of significantly increase cumulative request for hearing or petition for leave
Optimized ZIRLOTM are similar to those of occupational radiation exposure. to intervene shall be served by the
ZIRLO®. Therefore, Optimized ZIRLOTM fuel Therefore, the requirements of 10 CFR requestor or petitioner upon the
rod cladding will perform similarly to those applicant, the office of the General
sradovich on DSK3GMQ082PROD with NOTICES
51.22(c)(9)(iii) are met.
fabricated from ZIRLO®, and, therefore, Counsel, U.S. Nuclear Regulatory
precludes the possibility of the fuel becoming Conclusion Commission, Washington, DC 20555;
an accident initiator and causing a new or
different type of accident. Based on the above, the NRC staff the Secretary, U.S. Nuclear Regulatory
Therefore, the proposed change does not concludes that the proposed exemption Commission, Washington, DC 20555;
create the possibility of a new or different meets the eligibility criteria for the and the Executive Secretary, U.S.
kind of accident from any accident categorical exclusion set forth in 10 CFR Department of State, Washington, DC
previously evaluated. 51.22(c)(9). Therefore, in accordance 20520.
VerDate Sep<11>2014 19:23 Aug 12, 2016 Jkt 238001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\15AUN1.SGM 15AUN1](https://thefederalregister.org/doc/81_FR_54288/page/3.svg)
Document Created: 2016-08-13 02:21:55
Document Modified: 2016-08-13 02:21:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Exemption; issuance. | |
| Dates | The exemption was issued on August 4, 2016. | |
| Contact | Robert Martin, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-1493, email: [email protected] | |
| FR Citation | 81 FR 54131 |
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