Southern Nuclear Operating Company Establishment of Atomic Safety And Licensing Board, 53985 [2010-21940]
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Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Notices
Issued at Rockville, Maryland, this 27th
day of August 2010.
E. Roy Hawkens,
Chief Administrative Judge, Atomic Safety
and Licensing Board Panel.
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 52–025–COL and 52–026–
COL; ASLBP No.10–903–01–COL–BD02]
Southern Nuclear Operating Company
Establishment of Atomic Safety And
Licensing Board
[FR Doc. 2010–21940 Filed 9–1–10; 8:45 am]
Pursuant to delegation by the
Commission dated December 29, 1972,
published in the Federal Register, 37 FR
28,710 (1972), and the Commission’s
regulations, see 10 CFR 2.104, 2.300,
2.303, 2.309, 2.311, 2.318, and 2.321,
notice is hereby given that an Atomic
Safety and Licensing Board (Board) is
being established to preside over the
following proceeding:
NUCLEAR REGULATORY
COMMISSION
Southern Nuclear Operating Company;
(Vogtle Electric Generating Plant, Units
3 and 4)
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
This proceeding arises from the
August 12, 2010 submission of a request
for admission of a new contention to
challenge the application of Southern
Nuclear Operating Company’s
application for a combined license for
Vogtle Electric Generating Plant, Units 3
and 4, to be located in Burke County,
Georgia. The request was submitted by
the Blue Ridge Environmental Defense
League, the Center for a Sustainable
Coast, and Georgia Women’s Action for
New Directions for Clean Energy.1
The Board is comprised of the
following administrative judges: G. Paul
Bollwerk, III, Chairman, Atomic Safety
and Licensing Board Panel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
Nicholas G. Trikouros, Atomic Safety
and Licensing Board Panel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
James F. Jackson, Atomic Safety and
Licensing Board Panel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
All correspondence, documents, and
other materials shall be filed in
accordance with the NRC E-Filing rule,
which the NRC promulgated in August
2007 (72 FR 49,139).
1 On May 19, 2010, a Board that previously was
established to adjudicate the contested portion of
this proceeding granted summary disposition in
favor of applicant, Southern Nuclear Operating
Company, on the only admitted contention.
Because that decision was not appealed to the
Commission, and because the Commission did not
take sua sponte review, the contested proceeding
was terminated and the prior Board was divested
of jurisdiction, thus necessitating the establishment
of the instant Board to consider the August 12, 2010
submission. See Commission Order (Aug. 25, 2010)
at 1 (unpublished); Licensing Board Memorandum
(Referring Request to Admit New Contention to the
Commission) (Aug. 17, 2010) at 2–3 (unpublished).
VerDate Mar<15>2010
15:22 Sep 01, 2010
Jkt 220001
BILLING CODE 7590–01–P
[Docket No. STN 50–530; NRC–2010–0281]
Arizona Public Service Company, et
al., Palo Verde Nuclear Generating
Station, Unit 3; Temporary Exemption
1.0 Background
Arizona Public Service Company
(APS, the licensee) is the holder of
Facility Operating License No. NPF–74,
which authorizes operation of the Palo
Verde Nuclear Generating Station
(PVNGS), Unit 3. 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 a pressurizedwater reactor located in Maricopa
County, Arizona.
2.0 Request/Action
Pursuant to Title 10 of the Code of
Federal Regulations (10 CFR), Section
50.12, ‘‘Specific exemptions,’’ APS has,
by letter dated November 2, 2009, and
supplemented by letter dated May 12,
2010 (Agencywide Documents Access
and Management System (ADAMS)
Accession Nos. ML093160596 and
ML101410262, respectively), requested
a temporary exemption from 10 CFR
50.46, ‘‘Acceptance criteria for
emergency core cooling systems for
light-water nuclear power reactors,’’ and
Appendix K to 10 CFR part 50, ‘‘ECCS
Evaluation Models,’’ (Appendix K). The
regulations in 10 CFR 50.46 contain
acceptance criteria for the emergency
core cooling system (ECCS) for reactors
fueled with zircaloy or ZIRLO 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. The temporary 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 fuel rod cladding. Thus, an
exemption from the requirements of 10
CFR 50.46 and Appendix K is needed to
irradiate lead fuel assemblies (LFAs)
comprised of different cladding alloys at
PVNGS, Unit 3.
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
53985
The temporary exemption requested
by the licensee would allow up to eight
LFAs manufactured by Westinghouse
Electric Company LLC (Westinghouse)
with fuel rods clad with Optimized
ZIRLOTM to be inserted into the PVNGS,
Unit 3, core during the fall 2010
refueling outage. The temporary
exemption would allow the LFAs to be
used for up to three operating cycles
(Cycles 16, 17, and 18).
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 10 CFR 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 up to
eight LFAs with Optimized ZIRLOTM
cladding to be inserted into the PVNGS,
Unit 3 reactor core during the fall 2010
refueling outage. It would also allow the
LFAs to be used for up to three
operating cycles (Cycles 16, 17, and 18).
The Optimized ZIRLOTM cladding is of
a slightly different material composition
than the zircaloy or ZIRLO cladding
explicitly identified in 10 CFR 50.46,
and implicitly assumed in 10 CFR part
50, Appendix K, for light water reactor
fuel. However, the fundamental
requirements regarding ECCS
performance can still be satisfied by the
LFAs with the Optimized ZIRLOTM
cladding. 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 purpose of 10 CFR
50.46 is to establish acceptance criteria
for ECCS performance. Westinghouse
topical reports WCAP–16500–P–A,
Revision 0, ‘‘CE [Combustion
Engineering] 16x16 Next Generation
Fuel Core Reference Report,’’ dated
E:\FR\FM\02SEN1.SGM
02SEN1
Agencies
[Federal Register Volume 75, Number 170 (Thursday, September 2, 2010)]
[Notices]
[Page 53985]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21940]
[[Page 53985]]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-025-COL and 52-026-COL; ASLBP No.10-903-01-COL-BD02]
Southern Nuclear Operating Company Establishment of Atomic Safety
And Licensing Board
Pursuant to delegation by the Commission dated December 29, 1972,
published in the Federal Register, 37 FR 28,710 (1972), and the
Commission's regulations, see 10 CFR 2.104, 2.300, 2.303, 2.309, 2.311,
2.318, and 2.321, notice is hereby given that an Atomic Safety and
Licensing Board (Board) is being established to preside over the
following proceeding:
Southern Nuclear Operating Company; (Vogtle Electric Generating Plant,
Units 3 and 4)
This proceeding arises from the August 12, 2010 submission of a
request for admission of a new contention to challenge the application
of Southern Nuclear Operating Company's application for a combined
license for Vogtle Electric Generating Plant, Units 3 and 4, to be
located in Burke County, Georgia. The request was submitted by the Blue
Ridge Environmental Defense League, the Center for a Sustainable Coast,
and Georgia Women's Action for New Directions for Clean Energy.\1\
---------------------------------------------------------------------------
\1\ On May 19, 2010, a Board that previously was established to
adjudicate the contested portion of this proceeding granted summary
disposition in favor of applicant, Southern Nuclear Operating
Company, on the only admitted contention. Because that decision was
not appealed to the Commission, and because the Commission did not
take sua sponte review, the contested proceeding was terminated and
the prior Board was divested of jurisdiction, thus necessitating the
establishment of the instant Board to consider the August 12, 2010
submission. See Commission Order (Aug. 25, 2010) at 1 (unpublished);
Licensing Board Memorandum (Referring Request to Admit New
Contention to the Commission) (Aug. 17, 2010) at 2-3 (unpublished).
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The Board is comprised of the following administrative judges: G.
Paul Bollwerk, III, Chairman, Atomic Safety and Licensing Board Panel,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Nicholas G. Trikouros, Atomic Safety and Licensing Board Panel,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
James F. Jackson, Atomic Safety and Licensing Board Panel, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001.
All correspondence, documents, and other materials shall be filed
in accordance with the NRC E-Filing rule, which the NRC promulgated in
August 2007 (72 FR 49,139).
Issued at Rockville, Maryland, this 27th day of August 2010.
E. Roy Hawkens,
Chief Administrative Judge, Atomic Safety and Licensing Board Panel.
[FR Doc. 2010-21940 Filed 9-1-10; 8:45 am]
BILLING CODE 7590-01-P