Duke Energy Corporation, North Carolina Electric Membership Corporation, Saluda River Electric Cooperative, Inc., North Carolina Municipal Power Agency No. 1, Piedmont Municipal Power Agency, Catawba Nuclear Station, Units 1 and 2; Exemption, 11712-11715 [05-4548]
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Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Notices
July 25, 2003 (68 FR 44107). A request
for a hearing was filed on August 21 and
25, 2003, by the Nuclear Information
and Resources Service (NIRS) and the
Blue Ridge Environmental Defense
League (BREDL), respectively. A Notice
of Opportunity to Comment and
Proposed No Significant Hazards
Consideration Determination in
connection with this action was
published in the Federal Register on
July 12, 2004 (69 FR 41852).
On July 14 and 15, 2004, the Atomic
Safety and Licensing Board (ASLB) held
a hearing on a single admitted safetyrelated contention by BREDL. All of
NIRS’s contentions were rejected and
NIRS was not admitted as a party to the
proceeding. The admitted contention
was related to the adequacy of the lossof-coolant accident analyses performed
to support the use of the MOX LTAs. On
December 22, 2004, the ASLB issued a
Partial Initial Decision with respect to
this matter finding that there is
reasonable assurance that operation of
Catawba with the four MOX LTAs will
not endanger the health and safety of
the public.
BREDL submitted its security-related
safety contentions on March 3, 2004. An
ASLB hearing on a single physical
security-related contention, as admitted
by the ASLB, was held January 11–14,
2005. This contention was related to the
adequacy of the provisions undertaken
by Duke to provide protection of the
MOX LTAs. Findings and reply findings
of fact and conclusions of law were filed
in February 2005. An ASLB decision on
the security contention is pending.
Under its regulations, the Commission
may issue and make an amendment
immediately effective, notwithstanding
the pendency before it of a request for
a hearing from any person, in advance
of the holding or completion of any
required hearing, where it has
determined that no significant hazards
considerations are involved.
The Commission has applied the
standards of Title 10 of the Code of
Federal Regulations, Section 50.92 and
has made a final determination that the
amendment involves no significant
hazards considerations. The basis for
this determination is contained in a
Safety Evaluation and three
Supplements to that Safety Evaluation
related to this action. Accordingly, as
described above, the amendment has
been issued and made immediately
effective and any further hearing will be
held after issuance.
The Commission has prepared an
Environmental Assessment and one
Supplement to the Environmental
Assessment related to the action and has
determined not to prepare an
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environmental impact statement. Based
upon the environmental assessment and
its supplement, the Commission has
concluded that the issuance of the
amendment will not have a significant
effect on the quality of the human
environment (69 FR 51112 and 70 FR
8849).
For further details with respect to the
action see (1) the application for
amendment dated February 27, 2003, as
supplemented by letters dated
September 15, September 23, October 1
(two letters), October 3 (two letters),
November 3, November 4, December 10,
2003, and February 2, (two letters),
March 1 (three letters), March 9 (two
letters), March 16 (two letters), March
26, March 31, April 13, April 16, May
13, June 17, August 31, September 20,
October 4, October 29 and December 10,
2004, (2) Amendment Nos. 220 and 215
to License Nos. NPF–35 and NPF–52,
respectively, (3) the Commission’s
related Safety Evaluation and its three
Supplements dated April 5, May 5, July
27, 2004, and March 3, 2005,
respectively, and (4) the Commission’s
Environmental Assessment and its
supplement (69 FR 51112 and 70 FR
8849, respectively). All of these items
are available for public inspection at the
Commission’s Public Document Room,
located at One White Flint North, File
Public Area O1 F21, 11555 Rockville
Pike (first floor), Rockville, Maryland.
Publicly available records will be
accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/adams.html. Persons who
do not have access to ADAMS or who
encounter problems in accessing the
documents located in ADAMS, should
contact the NRC PDR Reference staff by
telephone at 1–800–397–4209, (301)
415–4737, or by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 3rd day
of March 2005.
For the Nuclear Regulatory Commission.
John A. Nakoski,
Chief, Section 1, Project Directorate II,
Division of Licensing Project Management,
Office of Nuclear Reactor Regulation.
[FR Doc. 05–4547 Filed 3–8–05; 8:45 am]
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NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–413 and 50–414]
Duke Energy Corporation, North
Carolina Electric Membership
Corporation, Saluda River Electric
Cooperative, Inc., North Carolina
Municipal Power Agency No. 1,
Piedmont Municipal Power Agency,
Catawba Nuclear Station, Units 1 and
2; Exemption
1.0
Background
Duke Energy Corporation, (the
licensee) is the holder of Facility
Operating License Nos. NPF–35 and
NPF–52, which authorize operation of
the Catawba Nuclear Station (Catawba),
Units 1 and 2. The licenses provide,
among other things, that the facility is
subject to all rules, regulations, and
orders of the Nuclear Regulatory
Commission (NRC, the Commission)
now or hereafter in effect.
The facility consists of two
pressurized water reactors located in
York County, South Carolina.
2.0
Request/Action
Title 10 of the Code of Federal
Regulations (10 CFR) part 50, § 50.46,
‘‘Acceptance criteria for emergency core
cooling systems [ECCS] for light-water
nuclear power reactors,’’ and Appendix
K, ‘‘ECCS Evaluation Models,’’ identify
requirements for calculating ECCS
performance for reactors containing fuel
with Zircaloy or ZIRLO cladding, and
uranium oxide fuel. Part 11 of 10 CFR,
‘‘Criteria and Procedures for
Determining Eligibility for Access to or
Control Over Special Nuclear Material
[SNM],’’ and 10 CFR part 73, ‘‘Physical
Protection of Plants and Materials,’’
identify requirements that are usually
applicable to fuel fabrication facilities
for the protection of formula quantities
of strategic special nuclear material
(SSNM).
By letter dated February 27, 2003, as
supplemented by letters dated
September 15, September 23, October 1
(two letters), October 3 (two letters),
November 3, November 4, December 10,
2003, and February 2 (two letters),
March 1 (three letters), March 9 (two
letters), March 16 (two letters), March
26, March 31, April 13, April 16, May
13, June 17, August 31, September 20,
October 4, October 29, and December
10, 2004, the licensee requested
exemptions from 10 CFR 50.46,
Appendix K to 10 CFR part 50, and from
certain physical security requirements
of 10 CFR 11.11(a)(1)–(a)(2), 11.11(b), 10
CFR 73.45(d)(1)(iv), 73.46 (c)(1),
73.46(h)(3), 73.46(b)(3)–(b)(12),
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73.46(d)(9), and 73.46(e)(3). These
exemptions would allow Catawba to
operate with up to four lead test
assemblies (LTAs) that would use M5TM
(M5) type fuel rod cladding and fuel
rods containing mixed uranium and
plutonium (Pu) oxide (MOX) fuel in
non-limiting core locations. The
purpose of the LTA effort at Catawba is
to confirm that the MOX fuel performs
as expected in a nuclear power reactor.
This effort is part of the Department of
Energy (DOE) Surplus Plutonium
Disposition Project, an ongoing Pu
disposition program of the United States
and the Russian Federation. The goal of
this non-proliferation program is to
dispose of surplus Pu from nuclear
weapons by converting the material into
MOX fuel and using that fuel in nuclear
power reactors.
3.0 Discussion of Part 50 Exemptions
for M5 Cladding and MOX Fuel
Pursuant to 10 CFR 50.12, ‘‘Specific
exemptions,’’ 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 Section 50.12(a)(2), special
circumstances include, among other
things, when the application of the
regulation would not serve, or is not
necessary to achieve, the underlying
purpose of the rule.
The underlying purpose of 10 CFR
50.46, and Appendix K to 10 CFR part
50, is to establish requirements for the
calculation of ECCS performance, and
acceptance criteria for that performance,
in order to assure that the ECCS
functions to transfer heat from the
reactor core following a loss-of-coolant
accident (LOCA), such that (1) fuel and
clad damage that could interfere with
continued effective core cooling is
prevented, and (2) clad metal-water
reaction is limited to specified amounts.
Cladding Exemption
The regulation in 10 CFR 50.46
contains acceptance criteria for ECCSs
for reactors fueled with Zircaloy or
ZIRLO cladding. In addition, paragraph
I.A.5, ‘‘Metal-Water Reaction Rate,’’ of
Appendix K to 10 CFR part 50, requires
that the Baker-Just equation be used to
predict the rates of energy release,
hydrogen generation, and cladding
oxidation from the metal-water reaction.
However, the Baker-Just equation
assumes the use of Zircaloy clad fuel.
Thus, an exemption from the
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requirements of 10 CFR 50.46, and
Appendix K to 10 CFR part 50 is needed
for Duke to irradiate the LTAs that
include fuel rods clad with M5 material.
The licensee has performed
evaluations of the fuel rod mechanical
design using approved methods. No
new or altered design limits need to be
applied, nor are any required for this
program for the purposes of 10 CFR part
50, Appendix A, ‘‘General Design
Criteria for Nuclear Power Plants,’’
Criterion 10, ‘‘Reactor Design.’’ The
licensee has evaluated the areas of the
mechanical design that could
potentially be impacted by M5 cladding,
namely, material properties, corrosion,
internal rod pressures, fatigue, growth,
rod bow, and thermal creep. The
material properties of M5 cladding are
similar in many respects to those of
approved Zircaloy type cladding; those
properties that differ have been
evaluated by the NRC staff and found to
be acceptable. The licensee determined
that the M5 cladding had better
corrosion performance than the
Zircaloy-4 cladding, and compatible
thermal creep. On this basis, the NRC
staff finds that the use of M5 cladding
for the mechanical design of the LTAs
is acceptable, subject to appropriate
implementation of the NRC staffapproved analysis methodology.
The licensee has performed
evaluations of the nuclear design for a
core using MOX LTAs. The licensee
states that the MOX LTAs will not be
positioned in the highest power
locations. The licensee determined that
the MOX LTA design features will not
have a significant impact on the overall
core nuclear design. In accordance with
approved core reload analysis
methodology, the licensee will confirm
this conclusion for each reload. M5
cladding is very similar to Zircaloy-4
materials in chemical composition and
neutronic properties; differences in
these properties have previously been
evaluated by the NRC staff. Approved
licensee reload methodologies can be
used to model the LTAs since the
features of the LTAs do not challenge
the validity of the standard
methodologies. Given the limited
number of LTAs to be installed, the
installation in non-limiting locations,
and the results of analyses using
approved methodology, the NRC staff
concludes that the LTA core nuclear
design is acceptable for use at Catawba.
The licensee has performed
evaluations of the core thermalhydraulic design using approved
methods. The design analyses covered
the MOX LTA impact on the resident
fuel (fuel in the core other than of the
MOX design), including departure from
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nucleate boiling, pressure drop,
assembly lift, and lateral flow. The
results show that the resident fuel
analyses will bound the MOX LTA
performance. Thus, the licensee assures
that the thermal-hydraulic design of a
reactor core containing the resident
Westinghouse fuel designs and the MOX
LTA design will meet applicable
requirements. The licensee has shown
that MOX fuel heat transfer properties
are very similar to low-enriched
uranium (LEU) fuel properties and are
capable of being modeled with currently
approved codes. The NRC staff has
confirmed that the licensee has
evaluated the nuclear heat transfer
properties and cooling requirements for
the four MOX LTAs using approved
codes and concludes that sufficient
capability exists at Catawba to provide
adequate core cooling. Based on the
approved methodology and conservative
analyses, the NRC staff concludes that
the LTA thermal-hydraulic design has
been adequately evaluated and is
acceptable.
The licensee has performed a LOCA
safety analysis using the approved
methodology for LTAs with M5
cladding. Section 50.46 identifies
acceptance criteria for ECCS
performance at nuclear power plants.
The material properties of M5 cladding
are very similar to those of Zircaloy-4
materials. Because the current analyses
are done with material properties that
approximate Zircaloy-4 properties, the
current ECCS analysis remains
applicable and unchanged for the LTAs.
Therefore, the NRC staff concludes that
the ECCS performance at Catawba will
not be adversely affected by the
insertion of MOX LTAs. As such, the
licensee has achieved the underlying
purpose of 10 CFR 50.46. Therefore,
special circumstances exist to grant an
exemption from 10 CFR 50.46 to allow
the use of M5 cladding.
Paragraph I.A.5 of Appendix K to 10
CFR part 50 states that the rates of
energy release, hydrogen generation,
and cladding oxidation from the metalwater reaction shall be calculated using
the Baker-Just equation. Since the
Baker-Just equation assumes the use of
Zircaloy-4 clad fuel, strict application of
the rule would not permit use of the
equation with M5 cladding for
determining acceptable fuel
performance. The underlying intent of
paragraph I.A.5 of Appendix K to 10
CFR part 50, however, is to ensure that
analysis of fuel response to LOCAs is
conservatively calculated. As previously
evaluated by the NRC staff in its
approval of the M5 topical report, the
application of the Baker-Just equation in
the analysis of M5 clad fuel will
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conservatively bound all post-LOCA
scenarios. Thus, the underlying purpose
of the rule will be met. Therefore,
special circumstances exist to grant an
exemption from Appendix K to 10 CFR
part 50 that would allow the licensee to
apply the Baker-Just equation to M5
cladding.
The NRC staff examined the licensee’s
rationale to support the exemption
request and, for the reasons set forth
above, concludes that MOX LTAs using
M5 cladding will meet the underlying
purpose of 10 CFR 50.46 and Appendix
K to 10 CFR part 50. Further, the NRC
staff has determined that the use of M5
cladding will have no significant effect
on current assessments of a metal-water
reaction, and that the mechanical design
of the LTAs would perform
satisfactorily. Therefore, ECCS
performance will not be adversely
affected and complete application of 10
CFR 50.46 and Appendix K to 10 CFR
part 50 is not necessary to achieve the
underlying purpose. Based upon the
considerations above, the NRC staff
concludes that, pursuant to 10 CFR
50.12(a)(2), the granting of an exemption
to allow the use of M5 cladding is
acceptable.
Fuel Exemption
With respect to the use of MOX fuel,
the regulation in 10 CFR 50.46(a)(1)(I)
contains acceptance criteria for ECCSs
for reactors ‘‘fueled with uranium oxide
pellets.’’ In addition, Appendix K to 10
CFR part 50 contains several references,
including paragraph I.A.1, ‘‘The Initial
Stored Energy in the Fuel,’’ that assume
that only uranium dioxide fuel pellets
are being used. Thus, an exemption
from the requirements of 10 CFR
50.46(a)(1)(I) and Appendix K to 10 CFR
part 50 is needed for the licensee to
irradiate the LTAs that include fuel rods
containing MOX fuel pellets. The
underlying purpose of 10 CFR 50.46 and
Appendix K to 10 CFR part 50,
paragraph I.A.1, is to establish
acceptance criteria for ECCS
performance and to ensure that the
evaluation model contains provisions
for conservatively assessing the amount
of stored heat in the fuel at the onset of
a postulated LOCA by adequately
modeling the thermal conductivity of
the fuel material and the fuel-tocladding gap conductance. The thermal
and material properties of MOX fuel
have been evaluated using NRC staffapproved methods. The licensee has
demonstrated that the MOX fuel
properties are very similar to those of
LEU fuel such that the differences in the
Catawba ECCS performance arising from
the MOX thermal and material
properties are negligible. Therefore, the
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underlying purposes of Section 50.46
and paragraph I.A.1 of Appendix K to
10 CFR part 50 are achieved with the
use of MOX fuel.
The licensee states that for each
reload, it will perform reload analyses to
confirm adequate ECCS performance,
and show that the LTAs do not have a
significant impact upon the analysis at
Catawba. Because the LTAs contribute
to the ECCS requirements in a very
minor way, the current analyses will
remain bounding for them. The MOX
LTAs will be placed in core locations
that will not experience the most
limiting power peaking during any
operating cycle. In each reload analysis,
the licensee will verify that the peak
cladding temperature (PCT) of the MOX
LTAs is not the limiting PCT. Using the
Baker-Just equation, the licensee will
confirm that the local cladding
oxidation of the LTAs will be
conservatively predicted. In addition,
the licensee will confirm that the
maximum hydrogen generation will be
unchanged with the inclusion of the
LTAs. Therefore, a coolable geometry
will be maintained following a LOCA.
The MOX LTAs meet the same design
requirements as the resident fuel for
Catawba. No safety limits or setpoints
have been altered as a result of the use
of the LTAs. On these bases, the NRC
staff finds that the complete application
of 10 CFR 50.46 and Appendix K to 10
CFR part 50 for MOX fuel is not
necessary to achieve the underlying
purpose of the rule. Accordingly, the
NRC staff concludes that it is acceptable
to grant an exemption from the
requirements of 10 CFR 50.46, and
Appendix K to 10 CFR part 50 for LTAs
using MOX fuel at Catawba.
4.0 F Conclusion for Part 50
Exemptions for M5 Cladding and MOX
Fuel
For the reasons set forth above, 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, as described
above, are present. Therefore, the
Commission hereby grants Duke Energy
Corporation an exemption from the
requirements of 10 CFR 50.46(a)(1)(I),
and Appendix K to 10 CFR part 50, with
respect to the use of M5 cladding and
MOX fuel at Catawba.
5.0 Discussion of Part 11 and Part 73
Exemptions
Pursuant to 10 CFR 11.9, ‘‘Specific
exemptions,’’ the Commission may,
upon application by any interested
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party, grant exemptions from the
requirements of 10 CFR part 11,
‘‘Criteria and Procedures for
Determining Eligibility for Access to or
Control Over Special Nuclear Material,’’
when the exemptions are authorized by
law and will not constitute an undue
risk to the common defense and
security. Pursuant to 10 CFR 73.5,
‘‘Specific exemptions,’’ the Commission
may, upon application by any interested
person or on its own initiative, grant
exemptions from the requirements of 10
CFR part 73, ‘‘Physical Protection of
Plants and Materials,’’ when the
exemptions are authorized by law and
will not endanger life or property or the
common defense and security, and are
otherwise in the public interest.
Duke Energy has requested relief from
certain regulations in 10 CFR part 11
and 10 CFR part 73. The licensee
request for exemptions from part 11 was
evaluated against the standard specified
in 10 CFR 11.9, while the request for
exemptions from part 73 was evaluated
against the standard specified in 10 CFR
73.5.
The NRC staff reviewed the proposed
exemptions using the information
provided in the Duke Energy
Corporation license amendment request;
Revision 16 of the Duke Power
Company Nuclear Security and
Contingency Plan (Physical Security
Plan (PSP)), Section 13.3; and the Duke
responses to NRC staff requests for
additional information (RAI). To
determine whether the specific
exemptions should be granted, the NRC
staff utilized the criteria specified in the
Review Plan for Evaluating the Physical
Security Protection Measures Needed
for Mixed Oxide Fuel and Its Use in
Commercial Nuclear Power Reactors,
dated January 29, 2004. The NRC staff
review was consistent with the
Commission Memorandum and Order,
CLI–04–06, dated February 18, 2004.
The NRC staff assumed as a baseline
that the Catawba facility will comply
with all applicable general security
requirements, both those prescribed in
NRC rules and those prescribed by NRC
order. Specifically, the NRC staff
reviewed the appropriate heightening of
security measures necessitated by the
proposed presence of MOX LTAs at the
Catawba Nuclear Power Station.
The underlying purpose of 10 CFR
part 11 is to establish the requirement
for access authorization. Part 11 requires
licensees possessing a formula quantity
of SNM that is subject to the
requirements of 10 CFR part 73 to
identify personnel requiring NRC–U or
NRC–R access authorizations. A formula
quantity of SSNM, as defined in 10 CFR
part 73, includes MOX LTA fuel. An
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exemption is provided by 10 CFR 73.6,
in part, from Sections 73.45 and 73.46
for the categories of material defined
therein, which include conventional
LEU fuel (enriched to less than 20
percent in U–235). Accordingly, the
licensee is not subject to the
requirements of 10 CFR 11.11 for the
use of LEU fuel. However, since there is
no comparable exclusion in Section 73.6
for fuel initially containing a small
concentration of plutonium, the
requirements of 10 CFR 11.11 become
applicable to the licensee for the use of
MOX, unless an exemption is granted
pursuant to 10 CFR 11.9.
The NRC staff has found that the
MOX material, while technically
meeting the criteria of a formula
quantity, is not attractive to potential
adversaries from a proliferation
standpoint due to its low Pu
concentration, composition, and form
(size and weight). The MOX fuel
consists of Pu oxide particles dispersed
in a ceramic matrix of depleted uranium
oxide with a Pu concentration of less
than six weight percent. The MOX LTAs
will consist of conventional fuel
assemblies designed for a commercial
light-water power reactor that are over
12 feet long and weigh approximately
1500 pounds. On these bases, the NRC
staff finds that the complete application
of 10 CFR 11.11 is not necessary, and
the exemption is authorized by law and
will not constitute an undue risk to the
common defense and security.
Accordingly, pursuant to 10 CFR 11.9,
based upon the physical characteristics
of the MOX LTAs and the proposed
additional protective measures, the NRC
staff concludes that it is acceptable to
grant an exemption from the
requirements of 10 CFR 11.11(a)(1)–
(a)(2), and 11.11(b).
The underlying purpose of 10 CFR
part 73 is to prescribe requirements for
the establishment and maintenance of a
physical protection system that will
have capabilities for the protection of
SSNM at fixed sites and in transit. As
noted above, an exemption is provided
by Section 73.6 for the licensee in its
use of conventional LEU fuel enriched
to less than 20 percent U–235, but not
for fresh MOX fuel containing Pu. The
NRC staff found that the MOX material,
while technically meeting the criteria of
a formula quantity, is not attractive to
potential adversaries from a
proliferation standpoint due to its low
Pu concentration, composition, and
form (size and weight). The MOX fuel
consists of Pu oxide particles dispersed
in a ceramic matrix of depleted uranium
oxide with a Pu concentration of less
than six weight percent. The MOX LTAs
will consist of conventional fuel
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assemblies designed for a commercial
light-water power reactor that are over
12 feet long and weigh approximately
1500 pounds. A large quantity of MOX
fuel and an elaborate extraction process
would be required to yield enough
material for use in an improvised
nuclear device or weapon. On these
bases, the NRC staff finds that the
complete application of 10 CFR
73.45(d)(1)(iv), 73.46(c)(1), 73.46(h)(3),
73.46(b)(3)–(b)(12), 73.46(d)(9), and
73.46(e)(3) for MOX fuel is not
necessary and that the exemptions are
authorized by law and will not endanger
life or property or the common defense
and security and are otherwise in the
public interest.
Accordingly, based on the physical
characteristics of the MOX LTAs and
the proposed additional protective
measures, the NRC staff, pursuant to 10
CFR 73.5, concludes that it is acceptable
to grant an exemption from these
portions of 10 CFR part 73.
6.0 Conclusion for Part 11 and Part 73
Exemptions
For the reasons set forth above, the
Commission has determined that,
pursuant to 10 CFR 11.9, the requested
exemptions are authorized by law and
will not constitute an undue risk to the
common defense and security. In
addition, pursuant to 10 CFR 73.5, the
exemptions are authorized by law, will
not endanger life or property or the
common defense and security, and are
otherwise in the public interest.
Therefore, the Commission hereby
grants Duke Energy Corporation the
requested exemptions from the
requirements of 10 CFR 11.11(a)(1)–
(a)(2), 10 CFR 11.11(b), and 10 CFR
73.45(d)(1)(iv), 73.46(c)(1), 73.46(h)(3),
73.46(b)(3)–(b)(12), 73.46(d)(9), and
73.46(e)(3).
7.0
Environmental Evaluation
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 (69 FR 51112 and
70 FR 8849).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 3rd day
of March 2005.
For the Nuclear Regulatory Commission.
Ledyard B. Marsh,
Director, Division of Licensing Project
Management, Office of Nuclear Reactor
Regulation.
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–25]
Foster Wheeler Environmental
Corporation, Idaho Spent Fuel Facility;
Issuance of Environmental
Assessment and Finding of No
Significant Impact Regarding a
Proposed Exemption
Nuclear Regulatory
Commission.
ACTION: Environmental assessment.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
James R. Hall, Senior Project Manager,
Spent Fuel Project Office, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555. Telephone:
(301) 415–8500; fax number: (301) 425–
8555; e-mail: jrh@nrc.gov.
SUPPLEMENTARY INFORMATION: The U.S.
Nuclear Regulatory Commission (NRC
or the Commission) is considering
issuance of an exemption, pursuant to
10 CFR 72.7, from the provisions of 10
CFR 72.70(a)(1) to the Foster Wheeler
Environmental Corporation (FWENC or
licensee). This regulation requires that
each specific licensee under 10 CFR part
72 submit an original Final Safety
Analysis Report (FSAR) to the
Commission within 90 days after
issuance of the license. The NRC
granted a license for the Idaho Spent
Fuel (ISF) Facility, an independent
spent fuel storage installation (ISFSI) to
be located at the Idaho National
Engineering and Environmental
Laboratory (INEEL), to FWENC on
November 30, 2004. The requested
exemption would allow FWENC to
submit an original FSAR for the ISF
Facility no later than August 28, 2005,
or no later than 30 days prior to the
commencement of construction,
whichever comes first. FWENC
submitted the exemption request on
February 2, 2005.
Environmental Assessment (EA)
Identification of Proposed Action: The
licensee requested an exemption from
the requirement in 10 CFR 72.70(a)(1),
which states that each licensee shall
submit an original FSAR to the
Commission, in accordance with 10 CFR
72.4, within 90 days after issuance of
the license. The requested exemption
would allow the licensee to delay the
submittal of the original FSAR for the
ISF Facility by up to 6 months (no later
than August 28, 2005, or 30 days prior
to commencement of construction,
whichever comes first).
E:\FR\FM\09MRN1.SGM
09MRN1
]]>Agencies
[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Notices]
[Pages 11712-11715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4548]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-413 and 50-414]
Duke Energy Corporation, North Carolina Electric Membership
Corporation, Saluda River Electric Cooperative, Inc., North Carolina
Municipal Power Agency No. 1, Piedmont Municipal Power Agency, Catawba
Nuclear Station, Units 1 and 2; Exemption
1.0 Background
Duke Energy Corporation, (the licensee) is the holder of Facility
Operating License Nos. NPF-35 and NPF-52, which authorize operation of
the Catawba Nuclear Station (Catawba), Units 1 and 2. The licenses
provide, among other things, that the facility is subject to all rules,
regulations, and orders of the Nuclear Regulatory Commission (NRC, the
Commission) now or hereafter in effect.
The facility consists of two pressurized water reactors located in
York County, South Carolina.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR) part 50, Sec.
50.46, ``Acceptance criteria for emergency core cooling systems [ECCS]
for light-water nuclear power reactors,'' and Appendix K, ``ECCS
Evaluation Models,'' identify requirements for calculating ECCS
performance for reactors containing fuel with Zircaloy or ZIRLO
cladding, and uranium oxide fuel. Part 11 of 10 CFR, ``Criteria and
Procedures for Determining Eligibility for Access to or Control Over
Special Nuclear Material [SNM],'' and 10 CFR part 73, ``Physical
Protection of Plants and Materials,'' identify requirements that are
usually applicable to fuel fabrication facilities for the protection of
formula quantities of strategic special nuclear material (SSNM).
By letter dated February 27, 2003, as supplemented by letters dated
September 15, September 23, October 1 (two letters), October 3 (two
letters), November 3, November 4, December 10, 2003, and February 2
(two letters), March 1 (three letters), March 9 (two letters), March 16
(two letters), March 26, March 31, April 13, April 16, May 13, June 17,
August 31, September 20, October 4, October 29, and December 10, 2004,
the licensee requested exemptions from 10 CFR 50.46, Appendix K to 10
CFR part 50, and from certain physical security requirements of 10 CFR
11.11(a)(1)-(a)(2), 11.11(b), 10 CFR 73.45(d)(1)(iv), 73.46 (c)(1),
73.46(h)(3), 73.46(b)(3)-(b)(12),
[[Page 11713]]
73.46(d)(9), and 73.46(e)(3). These exemptions would allow Catawba to
operate with up to four lead test assemblies (LTAs) that would use
M5TM (M5) type fuel rod cladding and fuel rods containing
mixed uranium and plutonium (Pu) oxide (MOX) fuel in non-limiting core
locations. The purpose of the LTA effort at Catawba is to confirm that
the MOX fuel performs as expected in a nuclear power reactor. This
effort is part of the Department of Energy (DOE) Surplus Plutonium
Disposition Project, an ongoing Pu disposition program of the United
States and the Russian Federation. The goal of this non-proliferation
program is to dispose of surplus Pu from nuclear weapons by converting
the material into MOX fuel and using that fuel in nuclear power
reactors.
3.0 Discussion of Part 50 Exemptions for M5 Cladding and MOX Fuel
Pursuant to 10 CFR 50.12, ``Specific exemptions,'' 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 Section 50.12(a)(2), special circumstances include,
among other things, when the application of the regulation would not
serve, or is not necessary to achieve, the underlying purpose of the
rule.
The underlying purpose of 10 CFR 50.46, and Appendix K to 10 CFR
part 50, is to establish requirements for the calculation of ECCS
performance, and acceptance criteria for that performance, in order to
assure that the ECCS functions to transfer heat from the reactor core
following a loss-of-coolant accident (LOCA), such that (1) fuel and
clad damage that could interfere with continued effective core cooling
is prevented, and (2) clad metal-water reaction is limited to specified
amounts.
Cladding Exemption
The regulation in 10 CFR 50.46 contains acceptance criteria for
ECCSs for reactors fueled with Zircaloy or ZIRLO cladding. In addition,
paragraph I.A.5, ``Metal-Water Reaction Rate,'' of Appendix K to 10 CFR
part 50, requires that the Baker-Just equation be used to predict the
rates of energy release, hydrogen generation, and cladding oxidation
from the metal-water reaction. However, the Baker-Just equation assumes
the use of Zircaloy clad fuel. Thus, an exemption from the requirements
of 10 CFR 50.46, and Appendix K to 10 CFR part 50 is needed for Duke to
irradiate the LTAs that include fuel rods clad with M5 material.
The licensee has performed evaluations of the fuel rod mechanical
design using approved methods. No new or altered design limits need to
be applied, nor are any required for this program for the purposes of
10 CFR part 50, Appendix A, ``General Design Criteria for Nuclear Power
Plants,'' Criterion 10, ``Reactor Design.'' The licensee has evaluated
the areas of the mechanical design that could potentially be impacted
by M5 cladding, namely, material properties, corrosion, internal rod
pressures, fatigue, growth, rod bow, and thermal creep. The material
properties of M5 cladding are similar in many respects to those of
approved Zircaloy type cladding; those properties that differ have been
evaluated by the NRC staff and found to be acceptable. The licensee
determined that the M5 cladding had better corrosion performance than
the Zircaloy-4 cladding, and compatible thermal creep. On this basis,
the NRC staff finds that the use of M5 cladding for the mechanical
design of the LTAs is acceptable, subject to appropriate implementation
of the NRC staff-approved analysis methodology.
The licensee has performed evaluations of the nuclear design for a
core using MOX LTAs. The licensee states that the MOX LTAs will not be
positioned in the highest power locations. The licensee determined that
the MOX LTA design features will not have a significant impact on the
overall core nuclear design. In accordance with approved core reload
analysis methodology, the licensee will confirm this conclusion for
each reload. M5 cladding is very similar to Zircaloy-4 materials in
chemical composition and neutronic properties; differences in these
properties have previously been evaluated by the NRC staff. Approved
licensee reload methodologies can be used to model the LTAs since the
features of the LTAs do not challenge the validity of the standard
methodologies. Given the limited number of LTAs to be installed, the
installation in non-limiting locations, and the results of analyses
using approved methodology, the NRC staff concludes that the LTA core
nuclear design is acceptable for use at Catawba.
The licensee has performed evaluations of the core thermal-
hydraulic design using approved methods. The design analyses covered
the MOX LTA impact on the resident fuel (fuel in the core other than of
the MOX design), including departure from nucleate boiling, pressure
drop, assembly lift, and lateral flow. The results show that the
resident fuel analyses will bound the MOX LTA performance. Thus, the
licensee assures that the thermal-hydraulic design of a reactor core
containing the resident Westinghouse fuel designs and the MOX LTA
design will meet applicable requirements. The licensee has shown that
MOX fuel heat transfer properties are very similar to low-enriched
uranium (LEU) fuel properties and are capable of being modeled with
currently approved codes. The NRC staff has confirmed that the licensee
has evaluated the nuclear heat transfer properties and cooling
requirements for the four MOX LTAs using approved codes and concludes
that sufficient capability exists at Catawba to provide adequate core
cooling. Based on the approved methodology and conservative analyses,
the NRC staff concludes that the LTA thermal-hydraulic design has been
adequately evaluated and is acceptable.
The licensee has performed a LOCA safety analysis using the
approved methodology for LTAs with M5 cladding. Section 50.46
identifies acceptance criteria for ECCS performance at nuclear power
plants. The material properties of M5 cladding are very similar to
those of Zircaloy-4 materials. Because the current analyses are done
with material properties that approximate Zircaloy-4 properties, the
current ECCS analysis remains applicable and unchanged for the LTAs.
Therefore, the NRC staff concludes that the ECCS performance at Catawba
will not be adversely affected by the insertion of MOX LTAs. As such,
the licensee has achieved the underlying purpose of 10 CFR 50.46.
Therefore, special circumstances exist to grant an exemption from 10
CFR 50.46 to allow the use of M5 cladding.
Paragraph I.A.5 of Appendix K to 10 CFR part 50 states that the
rates of energy release, hydrogen generation, and cladding oxidation
from the metal-water reaction shall be calculated using the Baker-Just
equation. Since the Baker-Just equation assumes the use of Zircaloy-4
clad fuel, strict application of the rule would not permit use of the
equation with M5 cladding for determining acceptable fuel performance.
The underlying intent of paragraph I.A.5 of Appendix K to 10 CFR part
50, however, is to ensure that analysis of fuel response to LOCAs is
conservatively calculated. As previously evaluated by the NRC staff in
its approval of the M5 topical report, the application of the Baker-
Just equation in the analysis of M5 clad fuel will
[[Page 11714]]
conservatively bound all post-LOCA scenarios. Thus, the underlying
purpose of the rule will be met. Therefore, special circumstances exist
to grant an exemption from Appendix K to 10 CFR part 50 that would
allow the licensee to apply the Baker-Just equation to M5 cladding.
The NRC staff examined the licensee's rationale to support the
exemption request and, for the reasons set forth above, concludes that
MOX LTAs using M5 cladding will meet the underlying purpose of 10 CFR
50.46 and Appendix K to 10 CFR part 50. Further, the NRC staff has
determined that the use of M5 cladding will have no significant effect
on current assessments of a metal-water reaction, and that the
mechanical design of the LTAs would perform satisfactorily. Therefore,
ECCS performance will not be adversely affected and complete
application of 10 CFR 50.46 and Appendix K to 10 CFR part 50 is not
necessary to achieve the underlying purpose. Based upon the
considerations above, the NRC staff concludes that, pursuant to 10 CFR
50.12(a)(2), the granting of an exemption to allow the use of M5
cladding is acceptable.
Fuel Exemption
With respect to the use of MOX fuel, the regulation in 10 CFR
50.46(a)(1)(I) contains acceptance criteria for ECCSs for reactors
``fueled with uranium oxide pellets.'' In addition, Appendix K to 10
CFR part 50 contains several references, including paragraph I.A.1,
``The Initial Stored Energy in the Fuel,'' that assume that only
uranium dioxide fuel pellets are being used. Thus, an exemption from
the requirements of 10 CFR 50.46(a)(1)(I) and Appendix K to 10 CFR part
50 is needed for the licensee to irradiate the LTAs that include fuel
rods containing MOX fuel pellets. The underlying purpose of 10 CFR
50.46 and Appendix K to 10 CFR part 50, paragraph I.A.1, is to
establish acceptance criteria for ECCS performance and to ensure that
the evaluation model contains provisions for conservatively assessing
the amount of stored heat in the fuel at the onset of a postulated LOCA
by adequately modeling the thermal conductivity of the fuel material
and the fuel-to-cladding gap conductance. The thermal and material
properties of MOX fuel have been evaluated using NRC staff-approved
methods. The licensee has demonstrated that the MOX fuel properties are
very similar to those of LEU fuel such that the differences in the
Catawba ECCS performance arising from the MOX thermal and material
properties are negligible. Therefore, the underlying purposes of
Section 50.46 and paragraph I.A.1 of Appendix K to 10 CFR part 50 are
achieved with the use of MOX fuel.
The licensee states that for each reload, it will perform reload
analyses to confirm adequate ECCS performance, and show that the LTAs
do not have a significant impact upon the analysis at Catawba. Because
the LTAs contribute to the ECCS requirements in a very minor way, the
current analyses will remain bounding for them. The MOX LTAs will be
placed in core locations that will not experience the most limiting
power peaking during any operating cycle. In each reload analysis, the
licensee will verify that the peak cladding temperature (PCT) of the
MOX LTAs is not the limiting PCT. Using the Baker-Just equation, the
licensee will confirm that the local cladding oxidation of the LTAs
will be conservatively predicted. In addition, the licensee will
confirm that the maximum hydrogen generation will be unchanged with the
inclusion of the LTAs. Therefore, a coolable geometry will be
maintained following a LOCA. The MOX LTAs meet the same design
requirements as the resident fuel for Catawba. No safety limits or
setpoints have been altered as a result of the use of the LTAs. On
these bases, the NRC staff finds that the complete application of 10
CFR 50.46 and Appendix K to 10 CFR part 50 for MOX fuel is not
necessary to achieve the underlying purpose of the rule. Accordingly,
the NRC staff concludes that it is acceptable to grant an exemption
from the requirements of 10 CFR 50.46, and Appendix K to 10 CFR part 50
for LTAs using MOX fuel at Catawba.
4.0 F Conclusion for Part 50 Exemptions for M5 Cladding and MOX Fuel
For the reasons set forth above, 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, as described above, are present. Therefore, the
Commission hereby grants Duke Energy Corporation an exemption from the
requirements of 10 CFR 50.46(a)(1)(I), and Appendix K to 10 CFR part
50, with respect to the use of M5 cladding and MOX fuel at Catawba.
5.0 Discussion of Part 11 and Part 73 Exemptions
Pursuant to 10 CFR 11.9, ``Specific exemptions,'' the Commission
may, upon application by any interested party, grant exemptions from
the requirements of 10 CFR part 11, ``Criteria and Procedures for
Determining Eligibility for Access to or Control Over Special Nuclear
Material,'' when the exemptions are authorized by law and will not
constitute an undue risk to the common defense and security. Pursuant
to 10 CFR 73.5, ``Specific exemptions,'' the Commission may, upon
application by any interested person or on its own initiative, grant
exemptions from the requirements of 10 CFR part 73, ``Physical
Protection of Plants and Materials,'' when the exemptions are
authorized by law and will not endanger life or property or the common
defense and security, and are otherwise in the public interest.
Duke Energy has requested relief from certain regulations in 10 CFR
part 11 and 10 CFR part 73. The licensee request for exemptions from
part 11 was evaluated against the standard specified in 10 CFR 11.9,
while the request for exemptions from part 73 was evaluated against the
standard specified in 10 CFR 73.5.
The NRC staff reviewed the proposed exemptions using the
information provided in the Duke Energy Corporation license amendment
request; Revision 16 of the Duke Power Company Nuclear Security and
Contingency Plan (Physical Security Plan (PSP)), Section 13.3; and the
Duke responses to NRC staff requests for additional information (RAI).
To determine whether the specific exemptions should be granted, the NRC
staff utilized the criteria specified in the Review Plan for Evaluating
the Physical Security Protection Measures Needed for Mixed Oxide Fuel
and Its Use in Commercial Nuclear Power Reactors, dated January 29,
2004. The NRC staff review was consistent with the Commission
Memorandum and Order, CLI-04-06, dated February 18, 2004. The NRC staff
assumed as a baseline that the Catawba facility will comply with all
applicable general security requirements, both those prescribed in NRC
rules and those prescribed by NRC order. Specifically, the NRC staff
reviewed the appropriate heightening of security measures necessitated
by the proposed presence of MOX LTAs at the Catawba Nuclear Power
Station.
The underlying purpose of 10 CFR part 11 is to establish the
requirement for access authorization. Part 11 requires licensees
possessing a formula quantity of SNM that is subject to the
requirements of 10 CFR part 73 to identify personnel requiring NRC-U or
NRC-R access authorizations. A formula quantity of SSNM, as defined in
10 CFR part 73, includes MOX LTA fuel. An
[[Page 11715]]
exemption is provided by 10 CFR 73.6, in part, from Sections 73.45 and
73.46 for the categories of material defined therein, which include
conventional LEU fuel (enriched to less than 20 percent in U-235).
Accordingly, the licensee is not subject to the requirements of 10 CFR
11.11 for the use of LEU fuel. However, since there is no comparable
exclusion in Section 73.6 for fuel initially containing a small
concentration of plutonium, the requirements of 10 CFR 11.11 become
applicable to the licensee for the use of MOX, unless an exemption is
granted pursuant to 10 CFR 11.9.
The NRC staff has found that the MOX material, while technically
meeting the criteria of a formula quantity, is not attractive to
potential adversaries from a proliferation standpoint due to its low Pu
concentration, composition, and form (size and weight). The MOX fuel
consists of Pu oxide particles dispersed in a ceramic matrix of
depleted uranium oxide with a Pu concentration of less than six weight
percent. The MOX LTAs will consist of conventional fuel assemblies
designed for a commercial light-water power reactor that are over 12
feet long and weigh approximately 1500 pounds. On these bases, the NRC
staff finds that the complete application of 10 CFR 11.11 is not
necessary, and the exemption is authorized by law and will not
constitute an undue risk to the common defense and security.
Accordingly, pursuant to 10 CFR 11.9, based upon the physical
characteristics of the MOX LTAs and the proposed additional protective
measures, the NRC staff concludes that it is acceptable to grant an
exemption from the requirements of 10 CFR 11.11(a)(1)-(a)(2), and
11.11(b).
The underlying purpose of 10 CFR part 73 is to prescribe
requirements for the establishment and maintenance of a physical
protection system that will have capabilities for the protection of
SSNM at fixed sites and in transit. As noted above, an exemption is
provided by Section 73.6 for the licensee in its use of conventional
LEU fuel enriched to less than 20 percent U-235, but not for fresh MOX
fuel containing Pu. The NRC staff found that the MOX material, while
technically meeting the criteria of a formula quantity, is not
attractive to potential adversaries from a proliferation standpoint due
to its low Pu concentration, composition, and form (size and weight).
The MOX fuel consists of Pu oxide particles dispersed in a ceramic
matrix of depleted uranium oxide with a Pu concentration of less than
six weight percent. The MOX LTAs will consist of conventional fuel
assemblies designed for a commercial light-water power reactor that are
over 12 feet long and weigh approximately 1500 pounds. A large quantity
of MOX fuel and an elaborate extraction process would be required to
yield enough material for use in an improvised nuclear device or
weapon. On these bases, the NRC staff finds that the complete
application of 10 CFR 73.45(d)(1)(iv), 73.46(c)(1), 73.46(h)(3),
73.46(b)(3)-(b)(12), 73.46(d)(9), and 73.46(e)(3) for MOX fuel is not
necessary and that the exemptions are authorized by law and will not
endanger life or property or the common defense and security and are
otherwise in the public interest.
Accordingly, based on the physical characteristics of the MOX LTAs
and the proposed additional protective measures, the NRC staff,
pursuant to 10 CFR 73.5, concludes that it is acceptable to grant an
exemption from these portions of 10 CFR part 73.
6.0 Conclusion for Part 11 and Part 73 Exemptions
For the reasons set forth above, the Commission has determined
that, pursuant to 10 CFR 11.9, the requested exemptions are authorized
by law and will not constitute an undue risk to the common defense and
security. In addition, pursuant to 10 CFR 73.5, the exemptions are
authorized by law, will not endanger life or property or the common
defense and security, and are otherwise in the public interest.
Therefore, the Commission hereby grants Duke Energy Corporation the
requested exemptions from the requirements of 10 CFR 11.11(a)(1)-
(a)(2), 10 CFR 11.11(b), and 10 CFR 73.45(d)(1)(iv), 73.46(c)(1),
73.46(h)(3), 73.46(b)(3)-(b)(12), 73.46(d)(9), and 73.46(e)(3).
7.0 Environmental Evaluation
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 (69 FR 51112 and 70 FR 8849).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 3rd day of March 2005.
For the Nuclear Regulatory Commission.
Ledyard B. Marsh,
Director, Division of Licensing Project Management, Office of Nuclear
Reactor Regulation.
[FR Doc. 05-4548 Filed 3-8-05; 8:45 am]
BILLING CODE 7590-01-P
