Calvert Cliffs Nuclear Power Plant, Inc.; Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2; Exemption, 66804-66805 [E6-19370]
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Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Notices
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statement may be viewed free of charge
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White Flint North, 11555 Rockville
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signature date of this notice.
Comments and questions should be
directed to the OMB reviewer listed
below by December 18, 2006. Comments
received after this date will be
considered if it is practical to do so, but
assurance of consideration cannot be
given to comments received after this
date.
Sarah P. Garman, Office of
Information and Regulatory Affairs
(3150–0008), NEOB–10202, Office of
Management and Budget, Washington,
DC 20503.
Comments can also be e-mailed to
Sarah_P._Garman@omb.eop.gov or
submitted by telephone at (202) 395–
4650.
The NRC Clearance Officer is Brenda
Jo. Shelton, 301–415–7233.
Dated at Rockville, Maryland, this 8th day
of November, 2006.
For the Nuclear Regulatory Commission.
Brenda Jo. Shelton,
NRC Clearance Officer, Office of Information
Services.
[FR Doc. E6–19365 Filed 11–15–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–317 and 50–318]
Calvert Cliffs Nuclear Power Plant,
Inc.; Calvert Cliffs Nuclear Power
Plant, Unit Nos. 1 and 2; Exemption
pwalker on PROD1PC61 with NOTICES
1.0
Background
Calvert Cliffs Nuclear Power Plant,
Inc. (the licensee), is the holder of
Renewed Facility Operating License
Nos. DPR–53 and DPR–69, which
authorize operation of the Calvert Cliffs
Nuclear Power Plant, Unit Nos. 1 and 2
(Calvert Cliffs 1 and 2), respectively.
The license provides, 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
Calvert County in Maryland.
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2.0 Request/Action
Title 10 of the Code of Federal
Regulations (10 CFR), Part 50, Section
50.46, ‘‘Acceptance criteria for
emergency core cooling systems for
light-water nuclear power reactors,’’
requires, in part, that ‘‘each boiling or
pressurized light-water nuclear power
reactor fueled with uranium oxide
pellets within cylindrical zircaloy or
ZIRLO cladding must be provided with
an emergency core cooling system
(ECCS) that must be designed so that its
calculated cooling performance
following postulated loss-of-coolant
accidents [LOCAs] conforms to the
criteria set forth in paragraph (b) of this
section.’’ Appendix K, ‘‘ECCS
Evaluation Models,’’ to 10 CFR Part 50
requires, in part, that the rate of energy
release, hydrogen generation, and
cladding oxidation from the metal/water
reaction shall be calculated using the
Baker-Just equation. The Baker-Just
equation assumes that the cladding
material is composed of either zircaloy
or ZIRLO.
By letter dated January 19, 2006, the
licensee requested an exemption from
the requirements of 10 CFR 50.46 and
Appendix K to 10 CFR Part 50 to allow
the use of fuel rods clad with advanced
zirconium-based alloys from
Westinghouse Electric Company and M5
alloy from Framatome ANP, Inc. The
advanced zirconium-based and M5
alloys are proprietary alloys and are
chemically different from zircaloy or
ZIRLO fuel cladding materials, which
are approved for use.
The licensee has requested the
exemption to support the re-insertion of
up to four lead fuel assemblies (LFAs)
in the core of either Calvert Cliffs 1 or
Calvert Cliffs 2 during the next
operating cycle, which is cycle 19 for
Unit 1 and cycle 17 for Unit 2. The NRC
staff has previously approved the
irradiation of 8 LFAs for 2 operating
cycles (cycles 15 and 16) in Calvert
Cliffs 2, as documented in NRC letter
dated April 11, 2003. The licensee has
indicated that the LFAs placed back in
the core for a third cycle will not exceed
the peak fuel rod burnup limitation of
60,000 MWD/MTU and will meet all
applicable reload design criteria. The
LFAs will be placed in low duty cycle
locations on the core periphery to assess
the grid-to-rod fretting performance. The
other four LFAs will be discharged to
the spent fuel pool for detailed postirradiation examinations. Because the
core design is not complete yet, the
licensee indicated that, if the Calvert
Cliffs 2 cycle 17 core cannot
accommodate the LFAs, then the
planned alternative is to design the
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Fmt 4703
Sfmt 4703
Calvert Cliffs 1 cycle 19 core so that the
LFAs can be inserted.
In summary, 10 CFR 50.46 and 10
CFR Part 50, Appendix K make no
provisions for use of fuel rods clad in a
material other than zircaloy or ZIRLO.
Since the material specifications of the
advanced zirconium-based and M5
alloys differ from the specification for
Zircaloy or ZIRLO, a plant-specific
exemption is required to support the use
of the four LFAs in Unit 1 or 2.
3.0 Discussion
Pursuant to 10 CFR 50.12, the
Commission may, upon application by
any interested person or upon its own
initiative, grant exemptions from the
requirements of 10 CFR Part 50, when
(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 application of the specific
regulation in the particular
circumstance would not serve, or is not
necessary to achieve, the underlying
purpose of the rule.
Authorized by Law
This exemption would allow the
licensee to re-insert up to four LFAs,
which contain some fuel rods clad with
advanced zirconium-based and M5
alloys that do not meet the definition of
Zircaloy or ZIRLO as specified by 10
CFR 50.46, in either Calvert Cliffs 1 or
2. As stated above, 10 CFR 50.12 allows
the NRC to grant exemptions from the
requirements of 10 CFR Part 50. The
NRC staff has determined that granting
of the licensee’s proposed exemption
will 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.
No Undue Risk to Public Health and
Safety
The underlying purposes of 10 CFR
50.46 is to establish acceptance criteria
for ECCS performance. Previously, the
Westinghouse safety evaluation
(WCAP–15874–NP, Revision 0, ‘‘Safety
Analysis Report for Use of Improved
Zirconium-based Cladding Materials in
Calvert Cliffs Unit 2 Batch T Lead Fuel
Assemblies,’’ dated April 2002) and
approved Framatome ANP topical
report (BAW–10227P–A, ‘‘Evaluation of
Advanced Cladding and Structural
Material (M5) in PWR Reactor Fuel,’’
Framatome Cogema Fuels, February
2000) demonstrated the acceptability of
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Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Notices
pwalker on PROD1PC61 with NOTICES
the advanced zirconium-based and M5
cladding under LOCA conditions. The
unique features of the LFAs were
evaluated for effects on the LOCA
analysis. The results showed that the
LFAs would not adversely affect the
ECCS performance. Since the current
four LFAs will be located at nonlimiting core locations, the licensee
concludes that the LOCA safety analyses
will remain bounding for these LTAs for
Calvert Cliffs Units 1 and 2.
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 advanced zirconiumbased and M5 alloys for determining
acceptable fuel performance. The
underlying intent of this portion of the
Appendix, is to ensure that analysis of
fuel response to LOCAs is
conservatively calculated. The
Westinghouse safety evaluation and
approved Framatome ANP topical
report show that due to the similarities
in the chemical composition of the
advanced zirconium-based and M5
alloys and zircaloy, the application of
the Baker-Just equation in the analysis
of the advanced zirconium-based and
M5 clad fuel rods will continue to
conservatively bound all post-LOCA
scenarios. Thus, application of
Appendix K, Paragraph I.A.5 is not
necessary for the licensee to achieve its
underlying purpose in these
circumstances.
Based on the above, no new accident
precursors are created by the exemption
to allow use of advanced zirconiumbased and M5 alloy clad fuel, thus, the
probability of postulated accidents is
not increased. Also, based on the above,
the consequences of postulated
accidents are not increased. Therefore,
there is no undue risk [since risk is
probability × consequences] to public
health and safety.
Consistent With Common Defense and
Security
The proposed exemption would allow
the use of LFAs with advanced cladding
materials. This change to the plant core
configuration has no relation to security
issues. Therefore, the common defense
and security is not impacted by this
exemption.
in the particular circumstances 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
acceptance criteria for ECCS
performance. The licensee stated that
the wording of the regulations renders
the criteria of 10 CFR 50.46 and
Appendix K inapplicable to the
advanced zirconium-based cladding,
even though the Westinghouse safety
evaluation and the approved Framatome
ANP topical reports show that the intent
of the regulations are met. Therefore,
since the underlying purpose of 10 CFR
50.46 and Appendix K to 10 CFR Part
50 is achieved with the use of the
advanced zirconium-based cladding, the
special circumstances required by 10
CFR 50.12(a)(2)(ii) for granting of an
exemption from 10 CFR 50.46 and
Appendix K exist.
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 the
licensee an exemption from the
requirements of 10 CFR 50.46 and 10
CFR Part 50, Appendix K with respect
to the use of LFAs with advanced
zirconium-based alloy cladding (already
irradiated for two cycles at Calvert Cliffs
1 during cycle 19 or Calvert Cliffs 2
during cycle 17).
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 (71 FR 64747).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 9th day
of November 2006.
For The Nuclear Regulatory Commission
Catherine Haney,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E6–19370 Filed 11–15–06; 8:45 am]
BILLING CODE 7590–01–P
Special Circumstances
Special circumstances, in accordance
with 10 CFR 50.12(a)(2)(ii), are present
whenever application of the regulation
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20:27 Nov 15, 2006
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Fmt 4703
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66805
NUCLEAR REGULATORY
COMMISSION
[DOCKET NO. 50–255]
Nuclear Management Company;
Palisades Nuclear Plant; Notice of
Consideration of Approval of Transfer
of Facility Operating License and
Conforming Amendment and
Opportunity for a Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering the issuance of an order
under 10 CFR 50.80 approving the
transfer of Facility Operating License
No. DPR–20 for Palisades Nuclear Plant
(Palisades) currently held by Consumers
Energy Company (Consumers) and
Nuclear Management Company, LLC
(NMC), as licensed operator of
Palisades. The transfer would be to
Entergy Nuclear Palisades, LLC (Entergy
Nuclear Palisades). The Commission is
also considering amending the license
for administrative purposes to reflect
the proposed transfer.
According to an application for
approval filed by Consumers, NMC,
Entergy Nuclear Palisades, and ENO,
Entergy Nuclear Palisades would
acquire ownership of the facility
following approval of the proposed
license transfer, and ENO would
possess, use, and operate Palisades. No
physical changes to the Palisades
facility or operational changes are being
proposed in the application.
The proposed amendment would
replace references to Consumers and
NMC in the license with references to
Entergy Nuclear Palisades and ENO to
reflect the proposed transfer, and revise
paragraph 1. B to be consistent with
paragraph 2 regarding the disposition of
the Provisional Operating License.
Pursuant to 10 CFR 50.80, no license,
or any right thereunder, shall be
transferred, directly or indirectly,
through transfer of control of the
license, unless the Commission shall
give its consent in writing. The
Commission will approve an
application for the transfer of a license,
if the Commission determines that the
proposed transferee is qualified to hold
the license, and that the transfer is
otherwise consistent with applicable
provisions of law, regulations, and
orders issued by the Commission
pursuant thereto.
Before issuance of the proposed
conforming 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.
As provided in 10 CFR 2.1315, unless
otherwise determined by the
E:\FR\FM\16NON1.SGM
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Agencies
[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Notices]
[Pages 66804-66805]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19370]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-317 and 50-318]
Calvert Cliffs Nuclear Power Plant, Inc.; Calvert Cliffs Nuclear
Power Plant, Unit Nos. 1 and 2; Exemption
1.0 Background
Calvert Cliffs Nuclear Power Plant, Inc. (the licensee), is the
holder of Renewed Facility Operating License Nos. DPR-53 and DPR-69,
which authorize operation of the Calvert Cliffs Nuclear Power Plant,
Unit Nos. 1 and 2 (Calvert Cliffs 1 and 2), respectively. The license
provides, 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
Calvert County in Maryland.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR), Part 50,
Section 50.46, ``Acceptance criteria for emergency core cooling systems
for light-water nuclear power reactors,'' requires, in part, that
``each boiling or pressurized light-water nuclear power reactor fueled
with uranium oxide pellets within cylindrical zircaloy or ZIRLO
cladding must be provided with an emergency core cooling system (ECCS)
that must be designed so that its calculated cooling performance
following postulated loss-of-coolant accidents [LOCAs] conforms to the
criteria set forth in paragraph (b) of this section.'' Appendix K,
``ECCS Evaluation Models,'' to 10 CFR Part 50 requires, in part, that
the rate of energy release, hydrogen generation, and cladding oxidation
from the metal/water reaction shall be calculated using the Baker-Just
equation. The Baker-Just equation assumes that the cladding material is
composed of either zircaloy or ZIRLO.
By letter dated January 19, 2006, the licensee requested an
exemption from the requirements of 10 CFR 50.46 and Appendix K to 10
CFR Part 50 to allow the use of fuel rods clad with advanced zirconium-
based alloys from Westinghouse Electric Company and M5 alloy from
Framatome ANP, Inc. The advanced zirconium-based and M5 alloys are
proprietary alloys and are chemically different from zircaloy or ZIRLO
fuel cladding materials, which are approved for use.
The licensee has requested the exemption to support the re-
insertion of up to four lead fuel assemblies (LFAs) in the core of
either Calvert Cliffs 1 or Calvert Cliffs 2 during the next operating
cycle, which is cycle 19 for Unit 1 and cycle 17 for Unit 2. The NRC
staff has previously approved the irradiation of 8 LFAs for 2 operating
cycles (cycles 15 and 16) in Calvert Cliffs 2, as documented in NRC
letter dated April 11, 2003. The licensee has indicated that the LFAs
placed back in the core for a third cycle will not exceed the peak fuel
rod burnup limitation of 60,000 MWD/MTU and will meet all applicable
reload design criteria. The LFAs will be placed in low duty cycle
locations on the core periphery to assess the grid-to-rod fretting
performance. The other four LFAs will be discharged to the spent fuel
pool for detailed post-irradiation examinations. Because the core
design is not complete yet, the licensee indicated that, if the Calvert
Cliffs 2 cycle 17 core cannot accommodate the LFAs, then the planned
alternative is to design the Calvert Cliffs 1 cycle 19 core so that the
LFAs can be inserted.
In summary, 10 CFR 50.46 and 10 CFR Part 50, Appendix K make no
provisions for use of fuel rods clad in a material other than zircaloy
or ZIRLO. Since the material specifications of the advanced zirconium-
based and M5 alloys differ from the specification for Zircaloy or
ZIRLO, a plant-specific exemption is required to support the use of the
four LFAs in Unit 1 or 2.
3.0 Discussion
Pursuant to 10 CFR 50.12, the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions from
the requirements of 10 CFR Part 50, when (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 application of
the specific regulation in the particular circumstance would not serve,
or is not necessary to achieve, the underlying purpose of the rule.
Authorized by Law
This exemption would allow the licensee to re-insert up to four
LFAs, which contain some fuel rods clad with advanced zirconium-based
and M5 alloys that do not meet the definition of Zircaloy or ZIRLO as
specified by 10 CFR 50.46, in either Calvert Cliffs 1 or 2. As stated
above, 10 CFR 50.12 allows the NRC to grant exemptions from the
requirements of 10 CFR Part 50. The NRC staff has determined that
granting of the licensee's proposed exemption will 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.
No Undue Risk to Public Health and Safety
The underlying purposes of 10 CFR 50.46 is to establish acceptance
criteria for ECCS performance. Previously, the Westinghouse safety
evaluation (WCAP-15874-NP, Revision 0, ``Safety Analysis Report for Use
of Improved Zirconium-based Cladding Materials in Calvert Cliffs Unit 2
Batch T Lead Fuel Assemblies,'' dated April 2002) and approved
Framatome ANP topical report (BAW-10227P-A, ``Evaluation of Advanced
Cladding and Structural Material (M5) in PWR Reactor Fuel,'' Framatome
Cogema Fuels, February 2000) demonstrated the acceptability of
[[Page 66805]]
the advanced zirconium-based and M5 cladding under LOCA conditions. The
unique features of the LFAs were evaluated for effects on the LOCA
analysis. The results showed that the LFAs would not adversely affect
the ECCS performance. Since the current four LFAs will be located at
non-limiting core locations, the licensee concludes that the LOCA
safety analyses will remain bounding for these LTAs for Calvert Cliffs
Units 1 and 2.
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 advanced zirconium-based and M5 alloys for determining
acceptable fuel performance. The underlying intent of this portion of
the Appendix, is to ensure that analysis of fuel response to LOCAs is
conservatively calculated. The Westinghouse safety evaluation and
approved Framatome ANP topical report show that due to the similarities
in the chemical composition of the advanced zirconium-based and M5
alloys and zircaloy, the application of the Baker-Just equation in the
analysis of the advanced zirconium-based and M5 clad fuel rods will
continue to conservatively bound all post-LOCA scenarios. Thus,
application of Appendix K, Paragraph I.A.5 is not necessary for the
licensee to achieve its underlying purpose in these circumstances.
Based on the above, no new accident precursors are created by the
exemption to allow use of advanced zirconium-based and M5 alloy clad
fuel, thus, the probability of postulated accidents is not increased.
Also, based on the above, the consequences of postulated accidents are
not increased. Therefore, there is no undue risk [since risk is
probability x consequences] to public health and safety.
Consistent With Common Defense and Security
The proposed exemption would allow the use of LFAs with advanced
cladding materials. This change to the plant core configuration has no
relation to security issues. Therefore, the common defense and security
is not impacted by this exemption.
Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii),
are present whenever application of the regulation in the particular
circumstances is not necessary to achieve the underlying purpose of the
rule. The underlying purpose of 10 CFR 50.46 and Appendix K to 10 CFR
Part 50 is to establish acceptance criteria for ECCS performance. The
licensee stated that the wording of the regulations renders the
criteria of 10 CFR 50.46 and Appendix K inapplicable to the advanced
zirconium-based cladding, even though the Westinghouse safety
evaluation and the approved Framatome ANP topical reports show that the
intent of the regulations are met. Therefore, since the underlying
purpose of 10 CFR 50.46 and Appendix K to 10 CFR Part 50 is achieved
with the use of the advanced zirconium-based cladding, the special
circumstances required by 10 CFR 50.12(a)(2)(ii) for granting of an
exemption from 10 CFR 50.46 and Appendix K exist.
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 the licensee an exemption from
the requirements of 10 CFR 50.46 and 10 CFR Part 50, Appendix K with
respect to the use of LFAs with advanced zirconium-based alloy cladding
(already irradiated for two cycles at Calvert Cliffs 1 during cycle 19
or Calvert Cliffs 2 during cycle 17).
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 (71 FR 64747).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 9th day of November 2006.
For The Nuclear Regulatory Commission
Catherine Haney,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. E6-19370 Filed 11-15-06; 8:45 am]
BILLING CODE 7590-01-P