82 FR 29345 - Exelon Generation Company, LLC; R.E. Ginna Nuclear Power Plant; Use of Optimized ZIRLOTM
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 123 (June 28, 2017)
Federal Register Volume 82, Issue 123 (June 28, 2017)
| Page Range | 29345-29347 | |
| FR Document | 2017-13517 |
[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)] [Notices] [Pages 29345-29347] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13517] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 50-244; NRC-2017-0124] Exelon Generation Company, LLC; R.E. Ginna Nuclear Power Plant; Use of Optimized ZIRLOTM Fuel Rod Cladding AGENCY: Nuclear Regulatory Commission. ACTION: Exemption; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to an August 22, 2016, request from Exelon Generation Company, LLC (Exelon) in order to use Optimized ZIRLOTM Fuel Rod Cladding at the R.E. Ginna Nuclear Power Plant (Ginna). DATES: The exemption was issued on June 19, 2017. ADDRESSES: Please refer to Docket ID NRC-2017-0124 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-2017-0124. 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 it is available in ADAMS) is provided the first time that it is mentioned in this document. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: V. Sreenivas, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-2597, email: [email protected]. SUPPLEMENTARY INFORMATION: I. Background Exelon Generation Company, LLC is the holder of Renewed Facility Operating License No. DPR-18, which authorizes operation of Ginna, a pressurized-water reactor. 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 is located in Ontario, New York, approximately 20 miles northeast of Rochester, New York. 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 August 22, 2016 (ADAMS Accession No. ML16236A300), an exemption from Sec. 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 Optimized ZIRLOTM fuel rod cladding. The regulations in Sec. 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 different than Optimized ZIRLOTM material. Therefore, an exemption to Sec. 50.46 and 10 CFR part 50, appendix K is required to support the use of Optimized ZIRLOTM fuel rod cladding at Ginna. The exemption request relates solely to the specific types of cladding material specified in these regulations (i.e., fuel rods with Zircaloy or ZIRLO[supreg] cladding). This request will provide for the application of the acceptance criteria of Sec. 50.46 and appendix K to 10 CFR part 50 to fuel assembly designs utilizing Optimized ZIRLOTM fuel rod cladding. The NRC staff prepared a separate safety evaluation fully addressing Exelon's application for a related license amendment. III. Discussion Pursuant to Sec. 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 [[Page 29346]] defense and security; and (2) when special circumstances are present. Under Sec. 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. Authorized by Law The exemption would allow the use of Optimized ZIRLOTM fuel rod cladding material at Ginna. As stated above, Sec. 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 requested 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. B. No Undue Risk to Public Health and Safety The underlying purpose of Sec. 50.46 is to establish acceptance criteria for adequate ECCS performance. By letter dated June 10, 2005, the NRC staff issued a safety evaluation (ADAMS Accession No ML051670408) approving Addendum 1 to Westinghouse Topical Report WCAP- 12610-P-A and CENPD-404-P-A, ``Optimized ZIRLOTM'' (these topical reports are not publicly available because they contain proprietary information), wherein the NRC staff approved the use of Optimized ZIRLOTM as a fuel cladding material. The NRC staff approved the use of Optimized ZIRLOTM as a fuel cladding material based on: (1) Similarities with standard ZIRLOTM, (2) demonstrated material performance, and (3) a commitment to provide irradiated data and validate fuel performance models ahead of burnups achieved in batch application. The NRC staff's safety evaluation for Optimized ZIRLOTM includes ten conditions and limitations for its use. As previously documented in the NRC staff's review of topical reports submitted by Westinghouse Electric Company, LLC (Westinghouse), and subject to compliance with the specific conditions of approval established therein, the NRC staff finds that the applicability of these ECCS acceptance criteria to Optimized ZIRLOTM has been demonstrated by Westinghouse. Ring compression tests performed by Westinghouse on Optimized ZIRLOTM (NRC-reviewed, approved, and documented in Appendix B of WCAP-12610-P-A and CENPD-404-P-A, Addendum 1-A, ``Optimized ZIRLOTM'') demonstrate an acceptable retention of post- quench ductility up to Sec. 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 the licensee 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 loss-of-coolant accident research program at Argonne National Laboratory, which has identified a strong correlation between cladding hydrogen content (due to in-service corrosion) and post-quench ductility. The underlying purpose of 10 CFR part 50, appendix K, section I.A.5, ``Metal-Water Reaction Rate,'' is to ensure that cladding oxidation and hydrogen generation are appropriately limited during a loss-of-coolant accident and conservatively accounted for in the ECCS evaluation model. 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 the rule would not permit use of the equation for Optimized ZIRLOTM cladding for determining acceptable fuel performance. However, the NRC staff has found that metal-water reaction tests performed by Westinghouse on Optimized ZIRLOTM demonstrate conservative reaction rates relative to the Baker-Just equation and are bounding for those approved for ZIRLO\TM\ under anticipated operational occurrences and postulated accidents. Based on the above, no new accident precursors are created by using Optimized ZIRLOTM; thus, 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 ZIRLOTM. C. Consistent With the Common Defense and Security The proposed exemption would allow the use of Optimized ZIRLOTM fuel rod cladding material at Ginna. This change to the plant configuration has no relation to security issues. Therefore, the common defense and security is not impacted by this exemption. D. Special Circumstances Special circumstances, in accordance with Sec. 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 Sec. 50.46 and appendix K to 10 CFR part 50 is to establish acceptance criteria for ECCS performance. The wording of the regulations in Sec. 50.46 and appendix K is not directly applicable to Optimized ZIRLOTM, even though the evaluations above show that the intent of the regulation is met. Therefore, since the underlying purposes of Sec. 50.46 and appendix K are achieved through the use of Optimized ZIRLOTM fuel rod cladding material, the special circumstances required by Sec. 50.12(a)(2)(ii) for the granting of an exemption from certain requirements of Sec. 50.46 and appendix K exist. E. Environmental Considerations The NRC staff determined that the exemption discussed herein meets the eligibility criteria for the categorical exclusion set forth in Sec. 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: (1) No significant hazards consideration, (2) no significant change in the types or a significant increase in the amounts of any effluents that may be released offsite, and (3) no significant increase in individual or cumulative occupational radiation exposure. Therefore, in accordance with Sec. 51.22(b), no environmental impact statement or environmental assessment need to 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 Sec. 51.22(c)(9). Requirements in Sec. 51.22(c)(9)(i) The NRC staff evaluated the issue of no significant hazards consideration, using the standards described in Sec. 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 [[Page 29347]] Westinghouse Electric Company, LLC (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. 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, Addendum 1-A, demonstrated that the material properties of Optimized ZIRLOTM are similar to those of standard ZIRLO[supreg], thus 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. Topical Report WCAP-12610-P-A & CENPD-404-P-A, Addendum 1-A, demonstrated that the material properties of the Optimized ZIRLOTM are not significantly different from those of standard ZIRLO[supreg]. Optimized ZIRLOTM is expected to perform similarly to standard ZIRLO[supreg] for all normal operating and accident scenarios, including both loss of coolant accident LOCA) and non-LOCA scenarios. For LOCA scenarios, where the slight difference is Optimized ZIRLOTM material properties relative to standard ZIRLO[supreg] 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. 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 Sec. 50.92(c), and, accordingly, a finding of no significant hazards consideration is justified (i.e., satisfies the provisions of Sec. 51.22(c)(9)(i)). Requirements in Sec. 51.22(c)(9)(ii) The proposed exemption would allow the use of Optimized ZIRLOTM fuel rod cladding material at Ginna. Optimized ZIRLOTM has essentially the same properties are currently licensed ZIRLO[supreg]. The use of 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 provisions of Sec. 51.22(c)(9)(ii) are satisfied. Requirements in Sec. 51.22(c)(9)(iii) The proposed exemption would allow the use of Optimized ZIRLOTM fuel rod cladding material at Ginna. Optimized ZIRLOTM has essentially the same properties are currently licensed ZIRLO[supreg]. The use of Optimized ZIRLOTM fuel rod cladding material at Ginna will not significantly increase individual occupational radiation exposure or significantly increase cumulative occupational radiation exposure. Therefore, the provisions of Sec. 51.22(c)(9)(iii) are 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 Sec. 51.22(c)(9). Therefore, in accordance with Sec. 51.22(b), no environmental impact statement or environmental assessment need to be prepared in connection with the NRC's proposed issuance of this exemption. IV. Conclusion Accordingly, the Commission has determined that, pursuant to Sec. 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 Exelon an exemption from certain requirements of Sec. 50.46 and 10 CFR part 50, appendix K, to allow the use of Optimized ZIRLOTM fuel rod cladding material at Ginna. Dated at Rockville, Maryland, this 19th day of June 2017. For the Nuclear Regulatory Commission. MaryJane Ross-Lee, Acting Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2017-13517 Filed 6-27-17; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Notices 29345
ADAMS Public Documents collection at NUCLEAR REGULATORY SUPPLEMENTARY INFORMATION:
http://www.nrc.gov/reading-rm/ COMMISSION I. Background
adams.html. To begin the search, select
[Docket No. 50–244; NRC–2017–0124] Exelon Generation Company, LLC is
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS the holder of Renewed Facility
Exelon Generation Company, LLC; Operating License No. DPR–18, which
Search.’’ For problems with ADAMS, R.E. Ginna Nuclear Power Plant; Use of authorizes operation of Ginna, a
please contact the NRC’s Public Optimized ZIRLOTM Fuel Rod Cladding pressurized-water reactor. The license
Document Room (PDR) reference staff at
AGENCY: Nuclear Regulatory provides, among other things, that the
1–800–397–4209, 301–415–4737, or by facility is subject to all rules,
email to pdr.resource@nrc.gov. The Commission.
ACTION: Exemption; issuance. regulations, and orders of the NRC now
license renewal application for RBS is or hereafter in effect. The facility is
available in ADAMS under Package SUMMARY: The U.S. Nuclear Regulatory located in Ontario, New York,
Accession No. ML17153A282. Commission (NRC) is issuing an approximately 20 miles northeast of
• NRC’s PDR: You may examine and exemption in response to an August 22, Rochester, New York.
purchase copies of public documents at 2016, request from Exelon Generation II. Request/Action
the NRC’s PDR, Room O1–F21, One Company, LLC (Exelon) in order to use
White Flint North, 11555 Rockville Optimized ZIRLOTM Fuel Rod Cladding Pursuant to § 50.12 of title 10 of the
at the R.E. Ginna Nuclear Power Plant Code of Federal Regulations (10 CFR),
Pike, Rockville, Maryland 20852.
(Ginna). ‘‘Specific exemptions,’’ the licensee
FOR FURTHER INFORMATION CONTACT: requested, by letter dated August 22,
DATES: The exemption was issued on
Emmanuel Sayoc, Office of Nuclear 2016 (ADAMS Accession No.
June 19, 2017.
Reactor Regulation, U.S. Nuclear ML16236A300), an exemption from
ADDRESSES: Please refer to Docket ID § 50.46, ‘‘Acceptance criteria for
Regulatory Commission, Washington,
NRC–2017–0124 when contacting the emergency core cooling systems [ECCS]
DC 20555–0001; telephone: 301–415–
NRC about the availability of for light-water nuclear power reactors,’’
4084; email: Emmanuel.Sayoc@nrc.gov. information regarding this document. and 10 CFR part 50, appendix K, ‘‘ECCS
SUPPLEMENTARY INFORMATION: The NRC You may obtain publicly-available Evaluation Models,’’ to allow the use of
has received an application from information related to this document Optimized ZIRLOTM fuel rod cladding.
Entergy Operations, Inc., dated May 25, using any of the following methods: The regulations in § 50.46 contain
2017, filed pursuant to Section 103 of • Federal Rulemaking Web site: Go to acceptance criteria for the ECCS for
the Atomic Energy Act of 1954, as http://www.regulations.gov and search reactors fueled with zircaloy or
amended, and part 54 of title 10 of the for Docket ID NRC–2017–0124. Address ZIRLOTM fuel rod cladding material. In
Code of Federal Regulations, to renew questions about NRC dockets to Carol addition, 10 CFR part 50, appendix K,
the operating license for RBS. Renewal Gallagher; telephone: 301–415–3463; requires that the Baker-Just equation be
of the license would authorize the email: Carol.Gallagher@nrc.gov. For used to predict the rates of energy
technical questions, contact the release, hydrogen concentration, and
applicant to operate the facility for an
individual listed in the FOR FURTHER cladding oxidation from the metal/water
additional 20-year period beyond the
INFORMATION CONTACT section of this
period specified in the current operating reaction. The Baker-Just equation
document. assumes the use of a zirconium alloy
license. The current operating license • NRC’s Agencywide Documents
for RBS expires at midnight on August different than Optimized ZIRLOTM
Access and Management System material. Therefore, an exemption to
29, 2025. River Bend Station, Unit 1, is (ADAMS): You may obtain publicly-
a boiling water reactor designed by § 50.46 and 10 CFR part 50, appendix K
available documents online in the is required to support the use of
General Electric and is located in St. ADAMS Public Documents collection at
Francisville, Louisiana. The Optimized ZIRLOTM fuel rod cladding at
http://www.nrc.gov/reading-rm/ Ginna.
acceptability of the tendered application adams.html. To begin the search, select The exemption request relates solely
for docketing, and other matters, ‘‘ADAMS Public Documents’’ and then to the specific types of cladding material
including an opportunity to request a select ‘‘Begin Web-based ADAMS specified in these regulations (i.e., fuel
hearing, will be the subject of Search.’’ For problems with ADAMS, rods with Zircaloy or ZIRLO® cladding).
subsequent Federal Register notices. please contact the NRC’s Public This request will provide for the
A copy of the license renewal Document Room (PDR) reference staff at application of the acceptance criteria of
application for the RBS, is also available 1–800–397–4209, 301–415–4737, or by § 50.46 and appendix K to 10 CFR part
to local residents near the site at the email to pdr.resource@nrc.gov. The 50 to fuel assembly designs utilizing
ADAMS accession number for each Optimized ZIRLOTM fuel rod cladding.
West Feliciana Parish Library at 5114
document referenced (if it is available in The NRC staff prepared a separate safety
Burnett Rd., St. Francisville, LA 70775.
ADAMS) is provided the first time that evaluation fully addressing Exelon’s
Dated at Rockville, Maryland, this 19th day it is mentioned in this document. application for a related license
of June, 2017. • NRC’s PDR: You may examine and amendment.
For the Nuclear Regulatory Commission. purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One III. Discussion
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Sheldon Stuchell,
Chief, Projects Management and Guidance
White Flint North, 11555 Rockville Pursuant to § 50.12, the Commission
Branch, Division of License Renewal, Office Pike, Rockville, Maryland 20852. may, upon application by any interested
of Nuclear Reactor Regulation. FOR FURTHER INFORMATION CONTACT: V. person or upon its own initiative, grant
[FR Doc. 2017–13518 Filed 6–27–17; 8:45 am] Sreenivas, Office of Nuclear Reactor exemptions from the requirements of 10
BILLING CODE 7590–01–P
Regulation, U.S. Nuclear Regulatory CFR part 50 when: (1) The exemptions
Commission, Washington DC 20555– are authorized by law, will not present
0001; telephone: 301–415–2597, email: an undue risk to public health or safety,
V.Sreenivas@nrc.gov. and are consistent with the common
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![Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Notices 29347
Westinghouse Electric Company, LLC cladding material at Ginna. Optimized SECURITIES AND EXCHANGE
(Westinghouse), addresses Optimized ZIRLOTM has essentially the same COMMISSION
ZIRLOTM and demonstrates that properties are currently licensed
[Release No. 34–81000; File No. SR–NYSE–
Optimized ZIRLOTM has essentially the ZIRLO®. The use of Optimized ZIRLOTM 2017–12]
same properties as currently licensed fuel rod cladding material will not
ZIRLO®. The fuel cladding itself is not significantly change the types of Self-Regulatory Organizations; New
an accident initiator and does not affect effluents that may be released offsite or York Stock Exchange LLC; Notice of
accident probability. significantly increase the amount of Withdrawal of a Proposed Rule
2. Does the proposed exemption effluents that may be released offsite. Change, as Modified by Amendment
create the possibility of a new or No. 3, To Amend Section 102.01B of
Therefore, the provisions of
different kind of accident from any the NYSE Listed Company Manual To
§ 51.22(c)(9)(ii) are satisfied.
accident previously evaluated? Modify the Requirements That Apply to
Response: No. Requirements in § 51.22(c)(9)(iii) Companies That List Without a Prior
Use of Optimized ZIRLOTM clad fuel
Exchange Act Registration and That
will not result in changes in the The proposed exemption would allow
Are Not Listing in Connection With an
operation or configuration of the the use of Optimized ZIRLOTM fuel rod
Underwritten Initial Public Offering
facility. Topical Report WCAP–12610– cladding material at Ginna. Optimized
P–A & CENPD–404–P–A, Addendum 1– ZIRLOTM has essentially the same June 22, 2017.
A, demonstrated that the material properties are currently licensed On March 13, 2017, the New York
properties of Optimized ZIRLOTM are ZIRLO®. The use of Optimized ZIRLOTM Stock Exchange LLC (‘‘NYSE’’ or the
similar to those of standard ZIRLO®, fuel rod cladding material at Ginna will ‘‘Exchange’’) filed with the Securities
thus precluding the possibility of the not significantly increase individual and Exchange Commission
fuel cladding becoming an accident occupational radiation exposure or (‘‘Commission’’), pursuant to Section
initiator and causing a new or different significantly increase cumulative 19(b)(1) of the Securities Exchange Act
type of accident. Therefore, the occupational radiation exposure. of 1934 (‘‘Act’’) 1 and Rule 19b–4
proposed change does not create the Therefore, the provisions of thereunder,2 a proposed rule change to
possibility of a new or different kind of amend Section 102.01B of the Manual to
§ 51.22(c)(9)(iii) are satisfied.
accident from any previously evaluated. modify the provisions relating to the
3. Does the proposed exemption Conclusion qualification of companies listing
involve a significant reduction in a without a prior Exchange Act
margin of safety? Based on the above, the NRC staff registration and an underwritten
Response: No. concludes that the proposed exemption offering to permit the listing of such
The proposed change will not involve meets the eligibility criteria for the companies immediately upon
a significant reduction in the margin of categorical exclusion set forth in effectiveness of an Exchange Act
safety. Topical Report WCAP–12610–P– § 51.22(c)(9). Therefore, in accordance registration statement without a
A & CENPD–404–P–A, Addendum 1–A, with § 51.22(b), no environmental concurrent public offering registered
demonstrated that the material impact statement or environmental under the Securities Act of 1933
properties of the Optimized ZIRLOTM assessment need to be prepared in provided the company meets all other
are not significantly different from those connection with the NRC’s proposed listing requirements. The proposal also
of standard ZIRLO®. Optimized issuance of this exemption. would eliminate the requirement to
ZIRLOTM is expected to perform have a private placement market trading
similarly to standard ZIRLO® for all IV. Conclusion
price if there is a valuation from an
normal operating and accident independent third-party of $250 million
scenarios, including both loss of coolant Accordingly, the Commission has
determined that, pursuant to § 50.12, the in market value of publicly-held shares.
accident LOCA) and non-LOCA The proposed rule change was
scenarios. For LOCA scenarios, where exemption is authorized by law, will not
present an undue risk to the public published for comment in the Federal
the slight difference is Optimized Register on March 31, 2017.3 The
ZIRLOTM material properties relative to health and safety, and is consistent with
Commission received no comments on
standard ZIRLO® could have some the common defense and security. Also,
the proposed rule change. On May 12,
impact on the overall accident scenario, special circumstances are present.
2017, the Commission extended the
plant-specific LOCA analyses using Therefore, the Commission hereby
time period within which to approve
Optimized ZIRLOTM properties will grants Exelon an exemption from certain the proposed rule change, disapprove
demonstrate that the acceptance criteria requirements of § 50.46 and 10 CFR part the proposed rule change, or institute
of 10 CFR 50.46 have been satisfied. 50, appendix K, to allow the use of proceedings to determine whether to
Therefore, the proposed change does not Optimized ZIRLOTM fuel rod cladding approve or disapprove the proposed
involve a significant reduction in a material at Ginna. rule change to June 29, 2017.4 On June
margin of safety. 6, 2017, the Exchange filed Amendment
Based on the above, the NRC staff Dated at Rockville, Maryland, this 19th day
of June 2017. No. 3 to the proposed rule change.5
concludes that the proposed exemption
presents no significant hazards For the Nuclear Regulatory Commission.
1 15 U.S.C. 78s(b)(1).
asabaliauskas on DSKBBXCHB2PROD with NOTICES
consideration under the standards set MaryJane Ross-Lee, 2 17 CFR 240.19b–4.
forth in § 50.92(c), and, accordingly, a Acting Director, Division of Operating Reactor 3 See Securities Exchange Act Release No. 34–
finding of no significant hazards Licensing, Office of Nuclear Reactor 80313 (March 27, 2017), 82 FR 16082 (March 31,
consideration is justified (i.e., satisfies Regulation. 2017).
4 See Securities Exchange Act Release No. 34–
the provisions of § 51.22(c)(9)(i)). [FR Doc. 2017–13517 Filed 6–27–17; 8:45 am]
80670 (May 12, 2017), 82 FR 22866 (May 18, 2017).
Requirements in § 51.22(c)(9)(ii) BILLING CODE 7590–01–P 5 The Exchange also filed Amendment No. 1 to
the proposed rule change on May 16, 2017 and
The proposed exemption would allow Amendment No. 2 to the proposed rule change on
the use of Optimized ZIRLOTM fuel rod Continued
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Document Created: 2017-06-28 01:10:27
Document Modified: 2017-06-28 01:10:27
| 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 June 19, 2017. | |
| Contact | V. Sreenivas, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-2597, email: [email protected] | |
| FR Citation | 82 FR 29345 |
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