South Carolina Electric & Gas Company, Virgil C. Summer Nuclear Station; Exemption, 5224-5226 [05-1772]
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Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Notices
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[FR Doc. 05–1941 Filed 1–28–05; 1:37 pm]
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[FR Doc. 05–1798 Filed 1–31–05; 8:45 am]
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Programs.
[FR Doc. 05–1786 Filed 1–31–05; 8:45 am]
BILLING CODE 7555–01–M
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–395]
South Carolina Electric & Gas
Company, Virgil C. Summer Nuclear
Station; Exemption
1.0
Background
The South Carolina Electric & Gas
Company (SCE&G, the licensee) is the
holder of the Renewed Facility
Operating License No. NPF–12 which
authorizes operation of the Virgil C.
Summer Nuclear Station (VSNS). The
license provides, among other things,
that the facility is subject to all rules,
regulations, and orders of the Nuclear
Regulatory Commission (NRC or the
Commission) now or hereafter in effect.
The facility consists of a pressurizedwater reactor located in Fairfield County
in South Carolina.
Notice of Meeting
2.0
The National Science Foundation
announces the following meeting:
Name: Interagency Arctic Research
Policy Committee (IARPC).
Date and Time: Tuesday, March 1,
2005, 2–3:30 p.m.
Place: National Science Foundation,
Room 1235, 4201 Wilson Blvd.,
Arlington, VA.
Type of Meeting: Closed. The meeting
is closed to the public because future
fiscal year budgets will be discussed.
Contact Person: Charles E. Myers,
Office of Polar Programs, Room 755,
National Science Foundation, Arlington,
VA 22230, Telephone : (703) 292–8029.
Purpose of Committee: The
Interagency Arctic Research Policy
Committee was established by Public
Law 98–373, the Arctic Research and
Policy Act, to help set priorities for
future arctic research, assist in the
development of national arctic research
policy, prepare a multi-agency Plan for
arctic research, and simplify
coordination of arctic research.
Proposed Meeting Agenda Items:
Title 10 of the Code of Federal
Regulations (10 CFR), part 50, section
50.44 specifies requirements for the
control of hydrogen gas generated after
a postulated loss-of-coolant accident
(LOCA) for reactors fueled with
zirconium cladding. Acceptance criteria
contained in 10 CFR 50.46 are for
emergency core cooling systems (ECCSs)
for reactors fueled with zircaloy or
ZIRLOTM cladding. In addition,
Appendix K to 10 CFR part 50 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.
In summary, the exemption request
relates solely to the specific types of
cladding material specified in these
regulations. As written, the regulations
presume the use of zircaloy or ZIRLOTM
fuel rod cladding. Thus, an exemption
from the requirements of 10 CFR 50.44,
10 CFR 50.46, and Appendix K to 10
CFR part 50 is needed to irradiate lead
test assemblies (LTAs) consisting of
developmental clad alloys at VSNS.
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Request/Action
01FEN1
Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Notices
3.0
Discussion
3.1
Fuel Mechanical Design
Optimized ZIRLOTM
Optimized ZIRLOTM has a lower tin
content than the licensed ZIRLOTM. Tin
is a solid solution strengthener and aphase stabilizer present entirely in the
base a-phase zirconium crystalline
structure. Potential impacts of a reduced
tin content on material properties
include (1) a reduced tensile strength,
(2) an increased thermal creep rate, (3)
an increased irradiation growth rate, (4)
a reduced a→a+β phase transition
temperature, and (5) an improved
corrosion resistance. The slight
reduction in tin content will not effect
the size, shape, or distribution of any
second phase or inter-metallic
precipitates, nor the overall
microstructure of this developmental
zirconium alloy. With a consistent
microstructure, low tin ZIRLOTM will
exhibit many similar material
characteristics as the licensed ZIRLOTM.
Further, the final annealing of
Optimized ZIRLOTM has been designed
to improve mechanical performance.
In the exemption request, SCE&G
provides details of the planned postirradiation examinations (PIEs) of the
LTAs. Examinations include rod
profilometry, rod growth, rod oxidation,
and visual inspection. In response to a
request for additional information, the
licensee stated that PIE data, as well as
data from other Westinghouse LTA
programs, will be used to ensure
existing design models remain valid.
As a result of the PIEs, any negative
aspects of the low tin alloy’s
performance, including the potential
impacts of a reduced tin content
identified above, will be identified and
resolved. Furthermore, significant
deviations from model predictions will
be reconciled.
The fuel rod burnup and fuel duty
experienced by the LTAs in VSNS will
remain well within the operating
experience base and applicable licensed
limits for ZIRLOTM.
Utilizing currently approved fuel
performance and fuel mechanical design
models and methods, SCE&G and
Westinghouse will perform cyclespecific reload evaluations to ensure
that the LTAs satisfy existing design
criteria.
Based upon LTA irradiation
experience of similar low tin versions of
ZIRLOTM, expected performance due to
similar material properties, and an LTA
PIE program aimed at qualifying model
predictions, the staff finds the LTA
mechanical design acceptable for VSNS.
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3.2 Core Physics and Non-LOCA
Safety Analysis
The SCE&G exemption request relates
solely to the specific types of cladding
material specified in the regulations. No
new or altered design limits for
purposes of 10 CFR part 50, Appendix
A, General Design Criterion 10, ‘‘Reactor
Design,’’ need to be applied or are
required for this program.
Optimized ZIRLOTM
Due to similar material properties,
any impact of low tin ZIRLOTM on the
safety analysis models and methods is
expected to be minimal. Utilizing
currently approved core physics, core
thermal-hydraulics, and non-LOCA
safety analysis models and methods,
SCE&G and Westinghouse will perform
cycle-specific reload evaluations to
ensure that the LTAs satisfy design
criteria.
Nuclear design evaluations will
ensure that LTAs be placed in
nonlimiting core locations. As such,
additional thermal margin to design
limits will be maintained between LTA
fuel rods and the hot rod evaluated in
safety analyses. Thermal-hydraulic and
non-LOCA evaluations will confirm that
the LTAs are bounded by the current
analysis of record.
Based upon the use of approved
models and methods, expected material
performance, and the placement of
LTAs in nonlimiting core locations, the
staff finds that the irradiation of up to
four LTAs in VSNS will not result in
unsafe operation nor violation of
Specified Acceptable Fuel Design
Limits. Furthermore, in the event of a
Design Basis Accident, these LTAs will
not promote consequences beyond those
currently analyzed.
3.3 Regulatory Evaluation
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 if, (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) special circumstances are present.
3.3.1 10 CFR 50.44
The underlying purpose of 10 CFR
50.44 is to ensure that means are
provided for the control of hydrogen gas
that may be generated following a
LOCA. The licensee has provided means
for controlling hydrogen gas and has
previously considered the potential for
hydrogen gas generation stemming from
a metal-water reaction. The LTA rods
containing a low tin version of ZIRLOTM
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5225
cladding are similar in chemical
composition to zircaloy cladding. Metalwater reaction tests performed by
Westinghouse on low tin versions of
ZIRLOTM (documented in Appendix B
of Addendum 1 to WCAP–12610–P–A)
demonstrate comparable reaction rates.
Accordingly, the previous calculations
of hydrogen production resulting from a
metal-water reaction will not be
significantly changed. As such,
application of 10 CFR 50.44 is not
necessary for the licensee to achieve its
underlying purpose in these
circumstances.
3.3.2 10 CFR 50.46
The underlying purpose of 10 CFR
50.46 is to establish acceptance criteria
for ECCS performance. The applicability
of these ECCS acceptance criteria has
been demonstrated by Westinghouse.
Ring compression tests performed by
Westinghouse on low tin versions of
ZIRLOTM (documented in Appendix B
of Addendum 1 to WCAP–12610–P–A)
demonstrate an acceptable retention of
post-LOCA ductility up to 10 CFR 50.46
limits of 2200 °F and 17 percent
Equivalent Cladding Reacted. Utilizing
currently approved LOCA models and
methods, Westinghouse will perform
cycle-specific reload evaluations prior
to use to ensure that the LTAs satisfy 10
CFR 50.46 acceptance criteria.
Therefore, the exemption to expand the
application of 10 CFR 50.46 to include
Optimized ZIRLOTM is acceptable.
3.3.3 10 CFR Part 50, Appendix K
Paragraph I.A.5 of Appendix K to 10
CFR part 50 states that the rates of
energy, hydrogen concentration, and
cladding oxidation from the metal-water
reaction shall be calculated using the
Baker-Just equation. Since the BakerJust equation presumes the use of
zircaloy clad fuel, strict application of
the rule would not permit use of the
equation for the LTA cladding for
determining acceptable fuel
performance. Metal-water reaction tests
performed by Westinghouse on low tin
versions of ZIRLOTM (documented in
Appendix B of Addendum 1 to WCAP–
12610–P–A) demonstrate conservative
reaction rates relative to the Baker-Just
equation. Thus, application of
Appendix K, Paragraph I.A.5 is not
necessary for the licensee to achieve its
underlying purpose in these
circumstances.
3.3.4 Special Circumstances
In summary, the staff reviewed the
licensee’s request of proposed
exemption to allow up to four LTAs
containing fuel rods, guide thimble
tubes, and instrumentation tubes
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01FEN1
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Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Notices
fabricated with Optimized ZIRLOTM.
Based on the staff’s evaluation, as set
forth above, the staff considers that
granting the proposed exemption will
not defeat the underlying purpose of 10
CFR 50.44, 10 CFR 50.46, or Appendix
K to 10 CFR part 50. Accordingly,
special circumstances, are present
pursuant to 10 CFR 50.12(a)(2)(ii).
3.3.5. Other Standards in 10 CFR 50.12
The staff examined the rest of the
licensee’s rationale to support the
exemption request, and concluded that
the use of Optimized ZIRLOTM would
satisfy 10 CFR 50.12(a) as follows:
(1) The requested exemption is
authorized by law:
No law precludes the activities
covered by this exemption request. The
Commission, based on technical reasons
set forth in rulemaking records,
specified the specific cladding materials
identified in 10 CFR 50.44, 10 CFR
50.46, and 10 CFR part 50, Appendix K.
Cladding materials are not specified by
statute.
(2) The requested exemption does not
present an undue risk to the public
health and safety as stated by the
licensee:
The LTA safety evaluation will ensure that
these acceptance criteria [in the
Commission’s regulations] are met following
the insertion of LTAs containing Optimized
ZIRLOTM material. Fuel assemblies using
Optimized ZIRLOTM cladding will be
evaluated using NRC-approved analytical
methods and plant specific models to address
the changes in the cladding material
properties. The safety analysis for VSNS is
supported by the applicable technical
specification. The VSNS reload cores
containing Optimized ZIRLOTM cladding
will continue to be operated in accordance
with the operating limits specified in the
technical specifications. LTAs utilizing
Optimized ZIRLOTM cladding will be placed
in non-limiting core locations. Thus, the
granting of this exemption request will not
pose an undue risk to public health and
safety.
The NRC staff has evaluated these
considerations as set forth in Section 3.1
of this exemption. For the reasons set
forth in that section, the staff concludes
that Optimized ZIRLOTM may be used
as a cladding material for no more than
four LTAs to be placed in nonlimiting
core locations during VSNS’s next
refueling outage, and that an exemption
from the requirements of 10 CFR 50.44,
10 CFR 50.46, and 10 CFR part 50,
Appendix K does not pose an undue
risk to the public health and safety.
4.0 Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12(a), the exemption is authorized by
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15:06 Jan 31, 2005
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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 SCE&G
exemptions from the requirements of 10
CFR 50.44, 10 CFR 50.46, and 10 CFR
part 50, Appendix K, to allow four LTAs
containing fuel rods with Optimized
ZIRLOTM and several different
developmental clad alloys.
Pursuant to 10 CFR 51.32, the
Commission has determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment (70 FR 1742).
This exemption is effective upon
issuance.
Dated in Rockville, Maryland, this 14th
day of January 2005.
For the Nuclear Regulatory Commission.
James E. Lyons,
Deputy Director, Division of Licensing Project
Management, Office of Nuclear Reactor
Regulation.
[FR Doc. 05–1772 Filed 1–31–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–390]
Utility Name; Notice of Consideration
of Issuance of Amendment to Facility
Operating License, Proposed No
Significant Hazards Consideration
Determination, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering issuance of an amendment
to Facility Operating License No. NPF–
90 issued to the Tennessee Valley
Authority (the licensee) for operation of
the Watts Bar Nuclear Plant (WBN),
Unit 1, located in Rhea County,
Tennessee.
The proposed change allows entry
into a mode or other specified condition
in the applicability of a Technical
Specification (TS), while in a condition
statement and the associated required
actions of the TS, provided the licensee
performs a risk assessment and manages
risk consistent with the program in
place for complying with the
requirements of title 10 of the Code of
Federal Regulations (10 CFR), part 50,
section 50.65(a)(4). Limiting Condition
for Operation (LCO) 3.0.4 exceptions in
individual TSs would be eliminated,
several notes or specific exceptions are
revised to reflect the related changes to
LCO 3.0.4, and Surveillance
Requirement (SR) 3.0.4 is revised to
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Fmt 4703
Sfmt 4703
reflect the LCO 3.0.4 allowance. The No
Significant Hazards Consideration
Determination concerning this change
was published in the Federal Register
on January 18, 2005 (70 FR 2901).
A separate change, not described in
the above Federal Register notice, was
also included in the licensee’s
application. In accordance with TS Task
Force (TSTF)—285, Charging Pump
Swap Low-Temperature OverPressurization Allowance, LCO 3.4.12,
Cold Overpressure Mitigation System
(COMS), is being revised to modify and
relocate two notes in the WBN TSs. The
changes are all administrative, except a
change which would allow two charging
pumps to be made capable of injecting
into the Reactor Coolant System to
support pump swap operations for a
period not to exceed 1 hour instead of
the currently allowed 15 minutes.
Before issuance of the proposed
license amendment, the Commission
will have made findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s
regulations.
The Commission has made a
proposed determination that the
amendment request involves no
significant hazards consideration. Under
the Commission’s regulations in 10 CFR
50.92, this means that operation of the
facility in accordance with the proposed
amendment would not (1) involve a
significant increase in the probability or
consequences of an accident previously
evaluated; or (2) create the possibility of
a new or different kind of accident from
any accident previously evaluated; or
(3) involve a significant reduction in a
margin of safety. As required by 10 CFR
50.91(a), the licensee has provided its
analysis of the issue of no significant
hazards consideration, which is
presented below:
1. Does the proposed change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed change to the WBN TS is
consistent with improvements made to the
Standard Technical Specifications for
Westinghouse Plants and continues to
provide controls for safe operation within the
required limits. The probability of occurrence
or the consequences of an accident are not
significantly increased as a result of the
increased time from 15 minutes to one hour
to allow pump swap operations. The one
hour time period is reasonable considering
the small likelihood of an event during this
brief period and the other administrative
controls available (e.g., operator action to
stop any pump that inadvertently starts) and
considering the required vent paths in
accordance with the LCO. The proposed
change does not affect degradation of
accident mitigation systems. The proposed
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01FEN1
Agencies
[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Notices]
[Pages 5224-5226]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1772]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-395]
South Carolina Electric & Gas Company, Virgil C. Summer Nuclear
Station; Exemption
1.0 Background
The South Carolina Electric & Gas Company (SCE&G, the licensee) is
the holder of the Renewed Facility Operating License No. NPF-12 which
authorizes operation of the Virgil C. Summer Nuclear Station (VSNS).
The license provides, among other things, that the facility is subject
to all rules, regulations, and orders of the Nuclear Regulatory
Commission (NRC or the Commission) now or hereafter in effect.
The facility consists of a pressurized-water reactor located in
Fairfield County in South Carolina.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR), part 50,
section 50.44 specifies requirements for the control of hydrogen gas
generated after a postulated loss-of-coolant accident (LOCA) for
reactors fueled with zirconium cladding. Acceptance criteria contained
in 10 CFR 50.46 are for emergency core cooling systems (ECCSs) for
reactors fueled with zircaloy or ZIRLO\TM\ cladding. In addition,
Appendix K to 10 CFR part 50 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.
In summary, the exemption request relates solely to the specific
types of cladding material specified in these regulations. As written,
the regulations presume the use of zircaloy or ZIRLO\TM\ fuel rod
cladding. Thus, an exemption from the requirements of 10 CFR 50.44, 10
CFR 50.46, and Appendix K to 10 CFR part 50 is needed to irradiate lead
test assemblies (LTAs) consisting of developmental clad alloys at VSNS.
[[Page 5225]]
3.0 Discussion
3.1 Fuel Mechanical Design
Optimized ZIRLO\TM\
Optimized ZIRLO\TM\ has a lower tin content than the licensed
ZIRLO\TM\. Tin is a solid solution strengthener and [alpha]-phase
stabilizer present entirely in the base [alpha]-phase zirconium
crystalline structure. Potential impacts of a reduced tin content on
material properties include (1) a reduced tensile strength, (2) an
increased thermal creep rate, (3) an increased irradiation growth rate,
(4) a reduced [alpha][rarr][alpha]+[beta] phase transition temperature,
and (5) an improved corrosion resistance. The slight reduction in tin
content will not effect the size, shape, or distribution of any second
phase or inter-metallic precipitates, nor the overall microstructure of
this developmental zirconium alloy. With a consistent microstructure,
low tin ZIRLO\TM\ will exhibit many similar material characteristics as
the licensed ZIRLO\TM\. Further, the final annealing of Optimized
ZIRLO\TM\ has been designed to improve mechanical performance.
In the exemption request, SCE&G provides details of the planned
post-irradiation examinations (PIEs) of the LTAs. Examinations include
rod profilometry, rod growth, rod oxidation, and visual inspection. In
response to a request for additional information, the licensee stated
that PIE data, as well as data from other Westinghouse LTA programs,
will be used to ensure existing design models remain valid.
As a result of the PIEs, any negative aspects of the low tin
alloy's performance, including the potential impacts of a reduced tin
content identified above, will be identified and resolved. Furthermore,
significant deviations from model predictions will be reconciled.
The fuel rod burnup and fuel duty experienced by the LTAs in VSNS
will remain well within the operating experience base and applicable
licensed limits for ZIRLO\TM\.
Utilizing currently approved fuel performance and fuel mechanical
design models and methods, SCE&G and Westinghouse will perform cycle-
specific reload evaluations to ensure that the LTAs satisfy existing
design criteria.
Based upon LTA irradiation experience of similar low tin versions
of ZIRLO\TM\, expected performance due to similar material properties,
and an LTA PIE program aimed at qualifying model predictions, the staff
finds the LTA mechanical design acceptable for VSNS.
3.2 Core Physics and Non-LOCA Safety Analysis
The SCE&G exemption request relates solely to the specific types of
cladding material specified in the regulations. No new or altered
design limits for purposes of 10 CFR part 50, Appendix A, General
Design Criterion 10, ``Reactor Design,'' need to be applied or are
required for this program.
Optimized ZIRLO\TM\
Due to similar material properties, any impact of low tin ZIRLO\TM\
on the safety analysis models and methods is expected to be minimal.
Utilizing currently approved core physics, core thermal-hydraulics, and
non-LOCA safety analysis models and methods, SCE&G and Westinghouse
will perform cycle-specific reload evaluations to ensure that the LTAs
satisfy design criteria.
Nuclear design evaluations will ensure that LTAs be placed in
nonlimiting core locations. As such, additional thermal margin to
design limits will be maintained between LTA fuel rods and the hot rod
evaluated in safety analyses. Thermal-hydraulic and non-LOCA
evaluations will confirm that the LTAs are bounded by the current
analysis of record.
Based upon the use of approved models and methods, expected
material performance, and the placement of LTAs in nonlimiting core
locations, the staff finds that the irradiation of up to four LTAs in
VSNS will not result in unsafe operation nor violation of Specified
Acceptable Fuel Design Limits. Furthermore, in the event of a Design
Basis Accident, these LTAs will not promote consequences beyond those
currently analyzed.
3.3 Regulatory Evaluation
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 if, (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) special circumstances are present.
3.3.1 10 CFR 50.44
The underlying purpose of 10 CFR 50.44 is to ensure that means are
provided for the control of hydrogen gas that may be generated
following a LOCA. The licensee has provided means for controlling
hydrogen gas and has previously considered the potential for hydrogen
gas generation stemming from a metal-water reaction. The LTA rods
containing a low tin version of ZIRLO\TM\ cladding are similar in
chemical composition to zircaloy cladding. Metal-water reaction tests
performed by Westinghouse on low tin versions of ZIRLO\TM\ (documented
in Appendix B of Addendum 1 to WCAP-12610-P-A) demonstrate comparable
reaction rates. Accordingly, the previous calculations of hydrogen
production resulting from a metal-water reaction will not be
significantly changed. As such, application of 10 CFR 50.44 is not
necessary for the licensee to achieve its underlying purpose in these
circumstances.
3.3.2 10 CFR 50.46
The underlying purpose of 10 CFR 50.46 is to establish acceptance
criteria for ECCS performance. The applicability of these ECCS
acceptance criteria has been demonstrated by Westinghouse. Ring
compression tests performed by Westinghouse on low tin versions of
ZIRLO\TM\ (documented in Appendix B of Addendum 1 to WCAP-12610-P-A)
demonstrate an acceptable retention of post-LOCA ductility up to 10 CFR
50.46 limits of 2200 [deg]F and 17 percent Equivalent Cladding Reacted.
Utilizing currently approved LOCA models and methods, Westinghouse will
perform cycle-specific reload evaluations prior to use to ensure that
the LTAs satisfy 10 CFR 50.46 acceptance criteria. Therefore, the
exemption to expand the application of 10 CFR 50.46 to include
Optimized ZIRLO\TM\ is acceptable.
3.3.3 10 CFR Part 50, Appendix K
Paragraph I.A.5 of Appendix K to 10 CFR part 50 states that the
rates of energy, 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 the LTA cladding for determining acceptable fuel
performance. Metal-water reaction tests performed by Westinghouse on
low tin versions of ZIRLO\TM\ (documented in Appendix B of Addendum 1
to WCAP-12610-P-A) demonstrate conservative reaction rates relative to
the Baker-Just equation. Thus, application of Appendix K, Paragraph
I.A.5 is not necessary for the licensee to achieve its underlying
purpose in these circumstances.
3.3.4 Special Circumstances
In summary, the staff reviewed the licensee's request of proposed
exemption to allow up to four LTAs containing fuel rods, guide thimble
tubes, and instrumentation tubes
[[Page 5226]]
fabricated with Optimized ZIRLO\TM\. Based on the staff's evaluation,
as set forth above, the staff considers that granting the proposed
exemption will not defeat the underlying purpose of 10 CFR 50.44, 10
CFR 50.46, or Appendix K to 10 CFR part 50. Accordingly, special
circumstances, are present pursuant to 10 CFR 50.12(a)(2)(ii).
3.3.5. Other Standards in 10 CFR 50.12
The staff examined the rest of the licensee's rationale to support
the exemption request, and concluded that the use of Optimized
ZIRLO\TM\ would satisfy 10 CFR 50.12(a) as follows:
(1) The requested exemption is authorized by law:
No law precludes the activities covered by this exemption request.
The Commission, based on technical reasons set forth in rulemaking
records, specified the specific cladding materials identified in 10 CFR
50.44, 10 CFR 50.46, and 10 CFR part 50, Appendix K. Cladding materials
are not specified by statute.
(2) The requested exemption does not present an undue risk to the
public health and safety as stated by the licensee:
The LTA safety evaluation will ensure that these acceptance
criteria [in the Commission's regulations] are met following the
insertion of LTAs containing Optimized ZIRLO\TM\ material. Fuel
assemblies using Optimized ZIRLO\TM\ cladding will be evaluated
using NRC-approved analytical methods and plant specific models to
address the changes in the cladding material properties. The safety
analysis for VSNS is supported by the applicable technical
specification. The VSNS reload cores containing Optimized ZIRLO\TM\
cladding will continue to be operated in accordance with the
operating limits specified in the technical specifications. LTAs
utilizing Optimized ZIRLO\TM\ cladding will be placed in non-
limiting core locations. Thus, the granting of this exemption
request will not pose an undue risk to public health and safety.
The NRC staff has evaluated these considerations as set forth in
Section 3.1 of this exemption. For the reasons set forth in that
section, the staff concludes that Optimized ZIRLO\TM\ may be used as a
cladding material for no more than four LTAs to be placed in
nonlimiting core locations during VSNS's next refueling outage, and
that an exemption from the requirements of 10 CFR 50.44, 10 CFR 50.46,
and 10 CFR part 50, Appendix K does not pose an undue risk to the
public health and safety.
4.0 Conclusion
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, and is consistent with the common
defense and security. Also, special circumstances are present.
Therefore, the Commission hereby grants SCE&G exemptions from the
requirements of 10 CFR 50.44, 10 CFR 50.46, and 10 CFR part 50,
Appendix K, to allow four LTAs containing fuel rods with Optimized
ZIRLO\TM\ and several different developmental clad alloys.
Pursuant to 10 CFR 51.32, the Commission has determined that the
granting of this exemption will not have a significant effect on the
quality of the human environment (70 FR 1742).
This exemption is effective upon issuance.
Dated in Rockville, Maryland, this 14th day of January 2005.
For the Nuclear Regulatory Commission.
James E. Lyons,
Deputy Director, Division of Licensing Project Management, Office of
Nuclear Reactor Regulation.
[FR Doc. 05-1772 Filed 1-31-05; 8:45 am]
BILLING CODE 7590-01-P