83_FR_9594 83 FR 9550 - FirstEnergy Nuclear Operating Company; Beaver Valley Power Station; Unit Nos. 1 and 2; Use of Optimized ZIRLOTM

83 FR 9550 - FirstEnergy Nuclear Operating Company; Beaver Valley Power Station; Unit Nos. 1 and 2; Use of Optimized ZIRLOTM

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 44 (March 6, 2018)

Page Range9550-9552
FR Document2018-04549

The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to an April 9, 2017, request from FirstEnergy Nuclear Operating Company (FENOC), in order to use Optimized ZIRLO\TM\ fuel rod cladding at the Beaver Valley Power Station, Unit Nos. 1 and 2 (Beaver Valley).

Federal Register, Volume 83 Issue 44 (Tuesday, March 6, 2018)
[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Notices]
[Pages 9550-9552]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04549]


=======================================================================
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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-334 and 50-412; NRC-2018-0041]


FirstEnergy Nuclear Operating Company; Beaver Valley Power 
Station; Unit Nos. 1 and 2; Use of Optimized ZIRLO\TM\ 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 April 9, 2017, request from FirstEnergy 
Nuclear Operating Company (FENOC), in order to use Optimized ZIRLO\TM\ 
fuel rod cladding at the Beaver Valley Power Station, Unit Nos. 1 and 2 
(Beaver Valley).

DATES: The exemption was issued on March 6, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0041 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0041. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at 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 pdr.resource@nrc.gov. 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. In addition, for the convenience of the reader, the ADAMS 
accession numbers are provided in a table in the ``Availability of 
Documents'' section of 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: Tanya E. Hood, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1387, email: Tanya.Hood@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    The FirstEnergy Nuclear Operating Company (FENOC) is the holder of 
Renewed Facility Operating License Nos. 50-334 and 50-412, which 
authorize operation of Beaver Valley. The licenses provide, among other 
things, that the facilities are subject to all rules, regulations, and 
orders of the NRC now or hereafter in effect. The facilities consist of 
pressurized-water reactors located in Shippingport Borough on the Ohio 
River in Beaver County, Pennsylvania. The ZIRLO[supreg] corrosion model 
was based on a model originally developed for zircaloy-4 cladding. As 
utilities moved to increased fuel thermal duty associated with higher 
peaking factors, uprated core power, and longer cycle lengths, cladding 
corrosion has become one of the important factors in assessing the 
potential for increased fuel thermal duty.

II. Request/Action

    Pursuant to title 10 of the Code of Federal Regulations (10 CFR) 
section 50.12, ``Specific exemptions,'' the

[[Page 9551]]

licensee requested, by letter dated April 9, 2017 (ADAMS Accession No. 
ML17100A269), 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 for 
future core reload applications. The regulations in Sec.  50.46 contain 
acceptance criteria for the ECCS for reactors fueled with zircaloy or 
ZIRLO[supreg] 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 from Optimized ZIRLO\TM\ 
material. Therefore, an exemption to Sec.  50.46 and 10 CFR part 50, 
appendix K, is required to support the use of Optimized ZIRLO\TM\ fuel 
rod cladding at Beaver Valley.
    The exemption request relates solely to the specific types of 
cladding material specified in these regulations for use in light-water 
reactors (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 10 CFR, part 50, appendix K, to fuel 
assembly designs using Optimized ZIRLO\TM\ fuel rod cladding.

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 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.
    The Optimized ZIRLOTM fuel cladding is different from 
standard ZIRLO[supreg] in two respects: (1) The tin content is lower 
and (2) the microstructure is different. This difference in tin content 
and microstructure can lead to differences in some material properties. 
Westinghouse Electric Company (Westinghouse), the manufacturer of 
Optimized ZIRLO\TM\ fuel rod cladding, has committed to provide 
irradiated data and validate fuel performance models ahead of burnups 
achieved in batch application (i.e., a group of fuel assemblies).
    The NRC staff's safety evaluation of Optimized ZIRLO\TM\ (WCAP-
12610-P-A & CENPD-404-P-A) dated June 10, 2005 (ADAMS Package Accession 
No. ML051670395), included ten conditions and limitations. The NRC 
staff reviewed FENOC's April 9, 2017, application against these 
specific conditions and concluded that the licensee is in compliance 
with all of the applicable conditions, with the exception of Conditions 
6 and 7.
    Conditions 6 and 7 relate to validating in-reactor performance and 
fuel performance models based on lead test assembly data obtained ahead 
of batch application. Westinghouse provided additional information from 
irradiation programs to comply with Conditions 6 and 7 of the NRC 
staff's safety evaluation, by letters dated February 25, 2013 (ADAMS 
Accession No. ML13070A188), and February 9, 2015 (ADAMS Accession No. 
ML15051A427), demonstrating compliance with these two conditions.
    One of the main objectives of the ongoing Westinghouse creep 
(growth) program was to confirm the adequacy of the Westinghouse 
Performance Analysis and Design Model creep models for Optimized 
ZIRLOTM and verify that the steady state irradiation creep 
rate is the same in tension and compression. Based upon the supporting 
data provided by Westinghouse in Figures 3 through 6 of WCAP-12610-P-A 
& CENPD-404-P-A Addendum 1-A (ADAMS Accession No. ML13070A189), the NRC 
staff determined that the creep models are adequate for the first 
operating cycle where the fuel rod cladding is predominately in 
compressive creep.
    The NRC staff performed its review of Conditions 6 and 7 in a 
letter dated August 3, 2016 (ADAMS Accession No. ML16173A354). The NRC 
staff determined that the data provided in Westinghouse letters dated 
February 25, 2013, and February 9, 2015, satisfy Conditions 6 and 7. 
Therefore, licensees no longer need to provide additional data when 
referencing WCAP-12610-P-A & CENPD-404-P-A, Addendum 1-A, ``Optimized 
ZIRLO\TM\,'' July 2006, in future license amendment requests.
    The licensee provided documentation of its compliance with the 
Westinghouse topical report WCAP-12610-P-A & CENPD-404-P-A Addendum 1-A 
commitments in its application. Based on that documentation and the 
information contained in Westinghouse's revised compliance letters 
dated February 25, 2013, and February 9, 2015, the NRC staff finds the 
licensee's compliance with safety evaluation Conditions 6 and 7 is 
acceptable.

A. The Exemption Is Authorized by Law

    This exemption would allow the use of Optimized ZIRLO\TM\ fuel rod 
cladding material at Beaver Valley. As stated above, Sec.  50.12 allows 
the NRC to grant exemptions from the requirements of 10 CFR part 50. 
The fuel that will be irradiated at Beaver Valley contains cladding 
material that does not conform to the cladding material that is 
explicitly defined in 10 CFR 50.46 and implicitly defined in 10 CFR 
part 50, appendix K. However, the criteria of these regulations will 
continue to be satisfied for the operation of the Beaver Valley cores 
containing Optimized ZIRLOTM fuel cladding. 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.

B. The Exemption Presents No Undue Risk to Public Health and Safety

    The objectives of Sec.  50.46(b)(2) and (b)(3) and 10 CFR part 50, 
appendix K, section I.A.5, are to ensure that cladding oxidation and 
hydrogen generation are appropriately limited during loss-of-coolant 
accidents and conservatively accounted for in ECCS evaluation models. 
As previously documented in the NRC staff's safety evaluation of 
topical reports submitted by Westinghouse, dated June 10, 2005, 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 the ECCS acceptance 
criteria to Optimized ZIRLOTM. The NRC staff concluded that 
oxidation measurements provided by the licensee in the letter from 
Westinghouse to the NRC, dated November 2007 (ADAMS Accession No. 
ML073130560), illustrate that oxide thickness and associated hydrogen 
pickup for Optimized ZIRLOTM at any given burnup would be 
less than those of both zircaloy-4 and ZIRLO[supreg].
    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. Thus, 
the NRC staff determined that the application of appendix K, section 
I.A.5, is not necessary to achieve the underlying purpose of the rule 
in these circumstances. Since these evaluations demonstrate that the 
underlying

[[Page 9552]]

purpose of the rule will be met, there will be no undue risk to the 
public health and safety. The facility operating licenses require that 
reload cores be operated in accordance with the operating limits 
specified in the technical specifications and core operating limits 
report. Thus, the granting of this exemption request will not pose an 
undue risk to public health and safety.

C. The Exemption Is Consistent With the Common Defense and Security

    The exemption request would allow the licensee to use an improved 
fuel rod cladding material. In its letter dated April 9, 2017, 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. Use of Optimized ZIRLOTM fuel rod cladding in 
the Beaver Valley cores will not adversely affect plant operations. 
Therefore, the NRC staff has determined that this exemption does not 
adversely impact common defense and security.

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 10 CFR part 50, 
appendix K, is to establish acceptance criteria for ECCS performance. 
The regulations ensure that nuclear power reactors fueled with uranium 
oxide pellets within zircaloy or ZIRLO[supreg] cladding must be 
provided with an ECCS designed to provide core cooling following 
postulated loss-of-coolant accidents. Westinghouse demonstrated in its 
NRC-approved topical report WCAP-12610-P-A & CENPD-404-P-A Addendum 1-A 
that ECCS effectiveness will not be adversely affected by a change from 
zircaloy or ZIRLO[supreg] clad fuel to Optimized ZIRLOTM 
clad fuel. Normal safety analyses performed prior to core reload will 
confirm that there is no adverse impact on ECCS performance. Therefore, 
since the underlying purposes of Sec.  50.46 and 10 CFR part 50, 
appendix K, are achieved through the use of Optimized ZIRLO\TM\ fuel 
rod cladding material, the special circumstances required by Sec.  
50.12(a)(2)(ii) for the granting of an exemption 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 be 
prepared in connection with the NRC staff's consideration of this 
exemption request. The basis for the NRC staff's determination is 
discussed in an evaluation of the requirements of Sec.  51.22(c)(9) in 
the proposed no significant hazards consideration determination for the 
associated amendment as published in the Federal Register on July 18, 
2017 (82 FR 32881).

IV. Availability of Documents

    The NRC is making the documents identified below available to 
interested persons through one or more of the following methods, as 
indicated. To access documents related to this action, see ADDRESSES 
Section of this document.

------------------------------------------------------------------------
                Document                        ADAMS accession No.
------------------------------------------------------------------------
Beaver Valley Power Station, Unit Nos. 1  ML17100A269
 and 2, ``License Amendment Request to
 Modify Technical Specifications 4.2.1
 and 5.6.3 and a 10 CFR 50.12 Exemption
 Request to Implement Optimized
 ZIRLO\TM\ Fuel Rod Cladding'' (April 9,
 2017).
Westinghouse--Final Safety Evaluation     ML051670395
 for Addendum 1 to Topical Report WCAP-
 12610-P-A & CENPD-404-P-A Addendum 1-A,
 ``Optimized ZIRLO\TM\'' (June 10, 2005).
Westinghouse--LTR-NRC-13-6, NP-           ML13070A188
 Attachment--SER Compliance with
 WCAP[dash]12610-P-A & CENPD-404-P-A
 Addendum 1-A ``Optimized ZIRLO\TM\''
 (February 25, 2013).
Westinghouse--LTR-NRC-15-7, Submittal of  ML15051A427
 Responses to Draft RAIs and Revisions
 to Select Figures in LTR-NRC-13-6 to
 Fulfill Conditions 6 and 7 of the
 Safety Evaluation for WCAP-12610-P-A &
 CENPD-404-P-A, Addendum 1-A (February
 9, 2015).
Westinghouse--LTR-NRC-13-6, NP-           ML13070A189
 Attachment, SER Compliance of WCAP-
 12610-P-A & CENPD-404-P-A Addendum 1-A
 (Non-Proprietary) ``Optimized
 ZIRLO\TM\''(February 2013).
Satisfaction of Conditions 6 & 7 of the   ML16173A354
 Safety Evaluation for WCAP-12610-P-A
 and CENPD-404-P-A, Addendum 1-A
 ``Optimized ZIRLO\TM\'' Topical Report.
SER Compliance with WCAP-12610-P-A &      ML073130560
 CENPD-404-P-A Addendum 1-A, ``Optimized
 ZIRLO\TM\'' (Non-Proprietary) (November
 2007).
------------------------------------------------------------------------

V. 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 FENOC an exemption from the 
requirements of Sec.  50.46 and 10 CFR part 50, appendix K, to allow 
the use of Optimized ZIRLO\TM\ fuel rod cladding material at Beaver 
Valley.

    Dated at Rockville, Maryland, this 1st day of March 2018.

    For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2018-04549 Filed 3-5-18; 8:45 am]
 BILLING CODE 7590-01-P



                                                9550                           Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices

                                                FOR FURTHER INFORMATION CONTACT:                        stakeholders. Sharing information on the Hub          individual listed in the FOR FURTHER
                                                James Wade, OFPP, jwade@                                can help build greater awareness of VE and            INFORMATION CONTACT    section of this
                                                omb.eop.gov.                                            accelerate the pace of innovation and other           document.
                                                                                                        benefits that can come from the use of this              • NRC’s Agencywide Documents
                                                Background                                              management tool.
                                                                                                          2. Make the following conforming changes:
                                                                                                                                                              Access and Management System
                                                   Value Engineering (VE) is a                                                                                (ADAMS): You may obtain publicly-
                                                                                                          a. Delete paragraph f. from section 7, which
                                                management technique that is used to                    refers to reporting.                                  available documents online in the
                                                analyze activities and identify                           b. Delete the Attachment to the Circular,           ADAMS Public Documents collection at
                                                alternative processes for completing the                which provides a format for reporting to              http://www.nrc.gov/reading-rm/
                                                activities at a lower cost. Industry first              OMB.                                                  adams.html. To begin the search, select
                                                developed VE during World War II as a                                                                         ‘‘ADAMS Public Documents’’ and then
                                                means of continuing production despite                    For a copy of OMB Circular A–131, go
                                                                                                        to https://www.whitehouse.gov/sites/                  select ‘‘Begin Web-based ADAMS
                                                shortages of critical materials. The                                                                          Search.’’ For problems with ADAMS,
                                                Federal Government subsequently                         whitehouse.gov/ files/omb/circulars/
                                                                                                        A131/a131-122013.pdf.                                 please contact the NRC’s Public
                                                adopted VE as a mechanism to improve                                                                          Document Room (PDR) reference staff at
                                                efficiency. Policies adding the use of VE                 Although public comment is not
                                                                                                        required in the development of these                  1–800–397–4209, 301–415–4737, or by
                                                are set forth in OMB Circular A–131 at                                                                        email to pdr.resource@nrc.gov. The
                                                https://www.whitehouse.gov/sites/                       changes, OMB welcomes input on the
                                                                                                        proposed amendments to the Circular                   ADAMS accession number for each
                                                whitehouse.gov/files/omb/circulars/                                                                           document referenced (if it is available in
                                                A131/a131-122013.pdf.                                   described above and will consider
                                                                                                        feedback prior to finalizing changes to               ADAMS) is provided the first time that
                                                   Use of VE supports the                                                                                     it is mentioned in this document. In
                                                Administration’s efforts to emphasize                   the Circular.
                                                                                                                                                              addition, for the convenience of the
                                                critical thinking and analysis instead of               Lesley A. Field,                                      reader, the ADAMS accession numbers
                                                compliance activity and documentation.                  Deputy Administrator for Federal                      are provided in a table in the
                                                Although several Federal agencies have                  Procurement Policy.                                   ‘‘Availability of Documents’’ section of
                                                reported life-cycle savings in a broad                  [FR Doc. 2018–04445 Filed 3–5–18; 8:45 am]            this document.
                                                range of acquisition programs, including
                                                                                                        BILLING CODE 3110–01–P                                   • NRC’s PDR: You may examine and
                                                defense, transportation, and
                                                                                                                                                              purchase copies of public documents at
                                                construction projects, overall usage of
                                                                                                                                                              the NRC’s PDR, Room O1–F21, One
                                                VE by federal agencies has been limited.
                                                                                                        NUCLEAR REGULATORY                                    White Flint North, 11555 Rockville
                                                OFPP believes agency workforce
                                                                                                        COMMISSION                                            Pike, Rockville, Maryland 20852.
                                                awareness and consideration of VE can
                                                be improved by redirecting agency                       [Docket Nos. 50–334 and 50–412; NRC–                  FOR FURTHER INFORMATION CONTACT:
                                                resources away from compliance                          2018–0041]                                            Tanya E. Hood, Office of Nuclear
                                                reporting and towards information                                                                             Reactor Regulation, U.S. Nuclear
                                                sharing with other agencies on use of                   FirstEnergy Nuclear Operating                         Regulatory Commission, Washington,
                                                the tool through the Acquisition                        Company; Beaver Valley Power                          DC 20555–0001; telephone: 301–415–
                                                Gateway (https://hallways.cap.gsa.gov/                  Station; Unit Nos. 1 and 2; Use of                    1387, email: Tanya.Hood@nrc.gov.
                                                login-information). The Gateway                         Optimized ZIRLOTM Fuel Rod Cladding                   SUPPLEMENTARY INFORMATION:
                                                provides federal buyers with a forum for                AGENCY:  Nuclear Regulatory                           I. Background
                                                improving government acquisition. The                   Commission.
                                                Acquisition Innovation Hub within the                                                                            The FirstEnergy Nuclear Operating
                                                                                                        ACTION: Exemption; issuance.                          Company (FENOC) is the holder of
                                                Gateway facilitates information sharing
                                                with tools and resources for acquisition                SUMMARY:  The U.S. Nuclear Regulatory                 Renewed Facility Operating License
                                                professionals and other stakeholders.                   Commission (NRC) is issuing an                        Nos. 50–334 and 50–412, which
                                                These actions are called for by OMB                     exemption in response to an April 9,                  authorize operation of Beaver Valley.
                                                Memorandum M–17–26, ‘‘Reducing                          2017, request from FirstEnergy Nuclear                The licenses provide, among other
                                                Burden for Federal Agencies by                          Operating Company (FENOC), in order                   things, that the facilities are subject to
                                                Rescinding and Modifying OMB                            to use Optimized ZIRLOTM fuel rod                     all rules, regulations, and orders of the
                                                Memoranda.’’ Memorandum M–17–26                         cladding at the Beaver Valley Power                   NRC now or hereafter in effect. The
                                                was designed to eliminate inefficiencies                Station, Unit Nos. 1 and 2 (Beaver                    facilities consist of pressurized-water
                                                created by past OMB direction and                       Valley).                                              reactors located in Shippingport
                                                improve the efficiency of government                                                                          Borough on the Ohio River in Beaver
                                                operations.                                             DATES:  The exemption was issued on                   County, Pennsylvania. The ZIRLO®
                                                   Accordingly, OFPP proposes the                       March 6, 2018.                                        corrosion model was based on a model
                                                following changes to Circular A–131, as                 ADDRESSES: Please refer to Docket ID                  originally developed for zircaloy-4
                                                revised in December 2013:                               NRC–2018–0041 when contacting the                     cladding. As utilities moved to
                                                  1. Replace section 8, entitled ‘‘Reports to
                                                                                                        NRC about the availability of                         increased fuel thermal duty associated
                                                OMB’’ with the following new section 8:                 information regarding this document.                  with higher peaking factors, uprated
                                                Information Sharing. Agencies are                       You may obtain publicly-available                     core power, and longer cycle lengths,
                                                encouraged to share best practices, case                information related to this document                  cladding corrosion has become one of
                                                                                                        using any of the following methods:
sradovich on DSK3GMQ082PROD with NOTICES




                                                studies and other information about their                                                                     the important factors in assessing the
                                                experience using VE on the Acquisition                    • Federal Rulemaking website: Go to                 potential for increased fuel thermal
                                                Gateway (https://hallways.cap.gsa.gov/login-            http://www.regulations.gov and search                 duty.
                                                information). The Gateway connects federal              for Docket ID NRC–2018–0041. Address
                                                buyers with resources and tools to improve                                                                    II. Request/Action
                                                acquisition throughout the government. The              questions about NRC dockets to Jennifer
                                                Acquisition Innovation Hub within the                   Borges; telephone: 301–287–9127;                        Pursuant to title 10 of the Code of
                                                Gateway facilitates information sharing                 email: Jennifer.Borges@nrc.gov. For                   Federal Regulations (10 CFR) section
                                                between acquisition professionals and other             technical questions, contact the                      50.12, ‘‘Specific exemptions,’’ the


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                                                                               Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices                                              9551

                                                licensee requested, by letter dated April               achieved in batch application (i.e., a                with safety evaluation Conditions 6 and
                                                9, 2017 (ADAMS Accession No.                            group of fuel assemblies).                            7 is acceptable.
                                                ML17100A269), an exemption from                            The NRC staff’s safety evaluation of
                                                                                                        Optimized ZIRLOTM (WCAP–12610–P–                      A. The Exemption Is Authorized by Law
                                                § 50.46, ‘‘Acceptance criteria for
                                                emergency core cooling systems [ECCS]                   A & CENPD–404–P–A) dated June 10,                        This exemption would allow the use
                                                for light-water nuclear power reactors,’’               2005 (ADAMS Package Accession No.                     of Optimized ZIRLOTM fuel rod
                                                and 10 CFR part 50, appendix K, ‘‘ECCS                  ML051670395), included ten conditions                 cladding material at Beaver Valley. As
                                                Evaluation Models,’’ to allow the use of                and limitations. The NRC staff reviewed               stated above, § 50.12 allows the NRC to
                                                Optimized ZIRLOTM fuel rod cladding                     FENOC’s April 9, 2017, application                    grant exemptions from the requirements
                                                for future core reload applications. The                against these specific conditions and                 of 10 CFR part 50. The fuel that will be
                                                regulations in § 50.46 contain                          concluded that the licensee is in                     irradiated at Beaver Valley contains
                                                acceptance criteria for the ECCS for                    compliance with all of the applicable                 cladding material that does not conform
                                                reactors fueled with zircaloy or ZIRLO®                 conditions, with the exception of                     to the cladding material that is
                                                fuel rod cladding material. In addition,                Conditions 6 and 7.                                   explicitly defined in 10 CFR 50.46 and
                                                10 CFR part 50, appendix K, requires                       Conditions 6 and 7 relate to validating            implicitly defined in 10 CFR part 50,
                                                that the Baker-Just equation be used to                 in-reactor performance and fuel                       appendix K. However, the criteria of
                                                predict the rates of energy release,                    performance models based on lead test                 these regulations will continue to be
                                                hydrogen concentration, and cladding                    assembly data obtained ahead of batch                 satisfied for the operation of the Beaver
                                                oxidation from the metal/water reaction.                application. Westinghouse provided                    Valley cores containing Optimized
                                                The Baker-Just equation assumes the use                 additional information from irradiation               ZIRLOTM fuel cladding. The NRC staff
                                                of a zirconium alloy different from                     programs to comply with Conditions 6                  has determined that granting the
                                                Optimized ZIRLOTM material.                             and 7 of the NRC staff’s safety                       licensee’s proposed exemption would
                                                Therefore, an exemption to § 50.46 and                  evaluation, by letters dated February 25,             not result in a violation of the Atomic
                                                10 CFR part 50, appendix K, is required                 2013 (ADAMS Accession No.                             Energy Act of 1954, as amended, or the
                                                to support the use of Optimized                         ML13070A188), and February 9, 2015                    Commission’s regulations. Therefore,
                                                ZIRLOTM fuel rod cladding at Beaver                     (ADAMS Accession No. ML15051A427),                    the exemption is authorized by law.
                                                Valley.                                                 demonstrating compliance with these
                                                                                                                                                              B. The Exemption Presents No Undue
                                                   The exemption request relates solely                 two conditions.
                                                                                                                                                              Risk to Public Health and Safety
                                                to the specific types of cladding material                 One of the main objectives of the
                                                specified in these regulations for use in               ongoing Westinghouse creep (growth)                      The objectives of § 50.46(b)(2) and
                                                light-water reactors (i.e., fuel rods with              program was to confirm the adequacy of                (b)(3) and 10 CFR part 50, appendix K,
                                                zircaloy or ZIRLO® cladding). This                      the Westinghouse Performance Analysis                 section I.A.5, are to ensure that cladding
                                                request will provide for the application                and Design Model creep models for                     oxidation and hydrogen generation are
                                                of the acceptance criteria of § 50.46 and               Optimized ZIRLOTM and verify that the                 appropriately limited during loss-of-
                                                10 CFR, part 50, appendix K, to fuel                    steady state irradiation creep rate is the            coolant accidents and conservatively
                                                assembly designs using Optimized                        same in tension and compression. Based                accounted for in ECCS evaluation
                                                ZIRLOTM fuel rod cladding.                              upon the supporting data provided by                  models. As previously documented in
                                                                                                        Westinghouse in Figures 3 through 6 of                the NRC staff’s safety evaluation of
                                                III. Discussion                                         WCAP–12610–P–A & CENPD–404–P–A                        topical reports submitted by
                                                   Pursuant to § 50.12, the Commission                  Addendum 1–A (ADAMS Accession No.                     Westinghouse, dated June 10, 2005, and
                                                may, upon application by any interested                 ML13070A189), the NRC staff                           subject to compliance with the specific
                                                person or upon its own initiative, grant                determined that the creep models are                  conditions of approval established in
                                                exemptions from the requirements of 10                  adequate for the first operating cycle                the safety evaluation, the NRC staff
                                                CFR part 50 when: (1) The exemptions                    where the fuel rod cladding is                        found that Westinghouse demonstrated
                                                are authorized by law, will not present                 predominately in compressive creep.                   the applicability of the ECCS acceptance
                                                an undue risk to public health or safety,                  The NRC staff performed its review of              criteria to Optimized ZIRLOTM. The
                                                and are consistent with the common                      Conditions 6 and 7 in a letter dated                  NRC staff concluded that oxidation
                                                defense and security; and (2) when                      August 3, 2016 (ADAMS Accession No.                   measurements provided by the licensee
                                                special circumstances are present.                      ML16173A354). The NRC staff                           in the letter from Westinghouse to the
                                                Under § 50.12(a)(2), special                            determined that the data provided in                  NRC, dated November 2007 (ADAMS
                                                circumstances include, among other                      Westinghouse letters dated February 25,               Accession No. ML073130560), illustrate
                                                things, when application of the specific                2013, and February 9, 2015, satisfy                   that oxide thickness and associated
                                                regulation in the particular                            Conditions 6 and 7. Therefore, licensees              hydrogen pickup for Optimized
                                                circumstance would not serve, or is not                 no longer need to provide additional                  ZIRLOTM at any given burnup would be
                                                necessary to achieve, the underlying                    data when referencing WCAP–12610–P–                   less than those of both zircaloy-4 and
                                                purpose of the rule.                                    A & CENPD–404–P–A, Addendum 1–A,                      ZIRLO®.
                                                   The Optimized ZIRLOTM fuel                           ‘‘Optimized ZIRLOTM,’’ July 2006, in                     The NRC staff previously found that
                                                cladding is different from standard                     future license amendment requests.                    metal-water reaction tests performed by
                                                ZIRLO® in two respects: (1) The tin                        The licensee provided documentation                Westinghouse on Optimized ZIRLOTM
                                                content is lower and (2) the                            of its compliance with the                            (see appendix B of WCAP–12610–P–A &
                                                microstructure is different. This                       Westinghouse topical report WCAP–                     CENPD–404–P–A Addendum 1–A)
                                                difference in tin content and                           12610–P–A & CENPD–404–P–A                             demonstrate conservative reaction rates
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                                                microstructure can lead to differences in               Addendum 1–A commitments in its                       relative to the Baker-Just equation.
                                                some material properties. Westinghouse                  application. Based on that                            Thus, the NRC staff determined that the
                                                Electric Company (Westinghouse), the                    documentation and the information                     application of appendix K, section I.A.5,
                                                manufacturer of Optimized ZIRLOTM                       contained in Westinghouse’s revised                   is not necessary to achieve the
                                                fuel rod cladding, has committed to                     compliance letters dated February 25,                 underlying purpose of the rule in these
                                                provide irradiated data and validate fuel               2013, and February 9, 2015, the NRC                   circumstances. Since these evaluations
                                                performance models ahead of burnups                     staff finds the licensee’s compliance                 demonstrate that the underlying


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                                                9552                           Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices

                                                purpose of the rule will be met, there                  in the particular circumstances is not                exclusion set forth in § 51.22(c)(9)
                                                will be no undue risk to the public                     necessary to achieve the underlying                   because it is related to a requirement
                                                health and safety. The facility operating               purpose of the rule. The underlying                   concerning the installation or use of a
                                                licenses require that reload cores be                   purpose of § 50.46 and 10 CFR part 50,                facility component located within the
                                                operated in accordance with the                         appendix K, is to establish acceptance                restricted area, as defined in 10 CFR
                                                operating limits specified in the                       criteria for ECCS performance. The                    part 20, and the granting of this
                                                technical specifications and core                       regulations ensure that nuclear power                 exemption involves: (1) No significant
                                                operating limits report. Thus, the                      reactors fueled with uranium oxide                    hazards consideration, (2) no significant
                                                granting of this exemption request will                 pellets within zircaloy or ZIRLO®                     change in the types or a significant
                                                not pose an undue risk to public health                 cladding must be provided with an                     increase in the amounts of any effluents
                                                and safety.                                             ECCS designed to provide core cooling                 that may be released offsite, and (3) no
                                                                                                        following postulated loss-of-coolant                  significant increase in individual or
                                                C. The Exemption Is Consistent With the
                                                                                                        accidents. Westinghouse demonstrated                  cumulative occupational radiation
                                                Common Defense and Security
                                                                                                        in its NRC-approved topical report                    exposure. Therefore, in accordance with
                                                  The exemption request would allow                     WCAP–12610–P–A & CENPD–404–P–A                        § 51.22(b), no environmental impact
                                                the licensee to use an improved fuel rod                Addendum 1–A that ECCS effectiveness                  statement or environmental assessment
                                                cladding material. In its letter dated                  will not be adversely affected by a                   need be prepared in connection with the
                                                April 9, 2017, the licensee stated that all             change from zircaloy or ZIRLO® clad                   NRC staff’s consideration of this
                                                the requirements and acceptance criteria                fuel to Optimized ZIRLOTM clad fuel.                  exemption request. The basis for the
                                                will be maintained. The licensee is                     Normal safety analyses performed prior                NRC staff’s determination is discussed
                                                required to handle and control special                  to core reload will confirm that there is             in an evaluation of the requirements of
                                                nuclear material in these assemblies in                 no adverse impact on ECCS                             § 51.22(c)(9) in the proposed no
                                                accordance with its approved                            performance. Therefore, since the                     significant hazards consideration
                                                procedures. Use of Optimized ZIRLOTM                    underlying purposes of § 50.46 and 10                 determination for the associated
                                                fuel rod cladding in the Beaver Valley                  CFR part 50, appendix K, are achieved                 amendment as published in the Federal
                                                cores will not adversely affect plant                   through the use of Optimized ZIRLOTM                  Register on July 18, 2017 (82 FR 32881).
                                                operations. Therefore, the NRC staff has                fuel rod cladding material, the special
                                                                                                                                                              IV. Availability of Documents
                                                determined that this exemption does not                 circumstances required by
                                                adversely impact common defense and                     § 50.12(a)(2)(ii) for the granting of an                The NRC is making the documents
                                                security.                                               exemption exist.                                      identified below available to interested
                                                                                                                                                              persons through one or more of the
                                                D. Special Circumstances                                E. Environmental Considerations                       following methods, as indicated. To
                                                  Special circumstances, in accordance                     The NRC staff determined that the                  access documents related to this action,
                                                with § 50.12(a)(2)(ii), are present                     exemption discussed herein meets the                  see ADDRESSES Section of this
                                                whenever application of the regulation                  eligibility criteria for the categorical              document.

                                                                                                                                                                                                 ADAMS
                                                                                                                  Document                                                                    accession No.

                                                Beaver Valley Power Station, Unit Nos. 1 and 2, ‘‘License Amendment Request to Modify Technical Specifications 4.2.1 and                     ML17100A269
                                                  5.6.3 and a 10 CFR 50.12 Exemption Request to Implement Optimized ZIRLOTM Fuel Rod Cladding’’ (April 9, 2017).
                                                Westinghouse—Final Safety Evaluation for Addendum 1 to Topical Report WCAP–12610–P–A & CENPD–404–P–A Adden-                                  ML051670395
                                                  dum 1–A, ‘‘Optimized ZIRLOTM’’ (June 10, 2005).
                                                Westinghouse—LTR–NRC–13–6, NP-Attachment—SER Compliance with WCAP-12610–P–A & CENPD–404–P–A Addendum                                         ML13070A188
                                                  1–A ‘‘Optimized ZIRLOTM’’ (February 25, 2013).
                                                Westinghouse—LTR–NRC–15–7, Submittal of Responses to Draft RAIs and Revisions to Select Figures in LTR–NRC–13–6                              ML15051A427
                                                  to Fulfill Conditions 6 and 7 of the Safety Evaluation for WCAP–12610–P–A & CENPD–404–P–A, Addendum 1–A (Feb-
                                                  ruary 9, 2015).
                                                Westinghouse—LTR–NRC–13–6, NP-Attachment, SER Compliance of WCAP–12610–P–A & CENPD–404–P–A Addendum                                          ML13070A189
                                                  1–A (Non-Proprietary) ‘‘Optimized ZIRLOTM’’(February 2013).
                                                Satisfaction of Conditions 6 & 7 of the Safety Evaluation for WCAP–12610–P–A and CENPD–404–P–A, Addendum 1–A ‘‘Op-                           ML16173A354
                                                  timized ZIRLOTM’’ Topical Report.
                                                SER Compliance with WCAP–12610–P–A & CENPD–404–P–A Addendum 1–A, ‘‘Optimized ZIRLOTM’’ (Non-Proprietary) (No-                                ML073130560
                                                  vember 2007).



                                                V. Conclusion                                           Therefore, the Commission hereby                        For the Nuclear Regulatory Commission.
                                                  Accordingly, the Commission has                       grants FENOC an exemption from the                    Joseph G. Giitter,
                                                determined that pursuant to § 50.12, the                requirements of § 50.46 and 10 CFR part               Director, Division of Operating Reactor
                                                exemption is authorized by law, will not                50, appendix K, to allow the use of                   Licensing, Office of Nuclear Reactor
                                                                                                        Optimized ZIRLOTM fuel rod cladding                   Regulation.
                                                present an undue risk to the public
                                                health and safety, and is consistent with               material at Beaver Valley.                            [FR Doc. 2018–04549 Filed 3–5–18; 8:45 am]
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                                                the common defense and security. Also,                    Dated at Rockville, Maryland, this 1st day          BILLING CODE 7590–01–P

                                                special circumstances are present.                      of March 2018.




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Document Created: 2018-11-01 08:48:56
Document Modified: 2018-11-01 08:48:56
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 March 6, 2018.
ContactTanya E. Hood, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1387, email: [email protected]
FR Citation83 FR 9550 

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