STP Nuclear Operating Company; South Texas Project, Units 1 and 2; Exemption, 68511-68512 [2011-28608]

Download as PDF Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Notices Education Programs—Room M–07 Preservation and Access—Room 415 Public Programs—Room 421 Research Programs—Room 315 NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Meeting of National Council on the Humanities The National Endowment for the Humanities, National Foundation on the Arts and the Humanities. ACTION: Notice of meeting. AGENCY: mstockstill on DSK4VPTVN1PROD with NOTICES Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92–463, as amended) notice is hereby given that the National Council on the Humanities will meet in Washington, DC on November 17–18, 2011. The purpose of the meeting is to advise the Chairman of the National Endowment for the Humanities with respect to policies, programs, and procedures for carrying out his functions, and to review applications for financial support from and gifts offered to the Endowment and to make recommendations thereon to the Chairman. The meeting will be held in the Old Post Office Building, 1100 Pennsylvania Avenue NW., Washington, DC. A portion of the morning and afternoon sessions on November 17–18, 2011, will not be open to the public pursuant to subsections (c)(4),(c)(6) and (c)(9)(B) of section 552b of Title 5, United States Code because the Council will consider information that may disclose: trade secrets and commercial or financial information obtained from a person and privileged or confidential; information of a personal nature the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; and information the premature disclosure of which would be likely to significantly frustrate implementation of proposed agency action. I have made this determination under the authority granted me by the Chairman’s Delegation of Authority dated July 19, 1993. The agenda for the sessions on November 17, 2011 will be as follows: Committee Meetings (Open to the Public) Policy Discussion 9–10:30 a.m. Challenge Grants Federal/State Partnership— Room 507 Digital Humanities—Room 402 Education Programs—Room M–07 Preservation and Access—Room 415 Public Programs—Room 421 Research Programs—Room 315 (Closed to the Public) Discussion of specific grant applications and programs before the Council 10:30 a.m. until Adjourned Challenge Grants Federal/State Partnership— Room 507 Digital Humanities—Room 402 VerDate Mar<15>2010 17:06 Nov 03, 2011 Jkt 226001 The morning session of the meeting on November 18, 2011 will convene at 9 a.m., in the first floor Council Room M–09, and will be open to the public, as set out below. The agenda for the morning session will be as follows: A. Minutes of the Previous Meeting B. Reports 1. Introductory Remarks 2. Presentation by filmmaker Hugo Perez on his film Neither Memory nor Magic: Poetry of Witness 3. Staff Report 4. Congressional Report 5. Budget Report 6. Reports on Policy and General Matters a. Challenge Grants b. Federal/State Partnership c. Digital Humanities d. Education Programs e. Preservation and Access f. Public Programs g. Research Programs The remainder of the proposed meeting will be given to the consideration of specific applications and will be closed to the public for the reasons stated above. Further information about this meeting can be obtained from Lisette Voyatzis, Advisory Committee Management Officer, National Endowment for the Humanities, 1100 Pennsylvania Avenue NW., Washington, DC 20506, or by calling (202) 606–8322, TDD (202) 606–8282. Advance notice of any special needs or accommodations is appreciated. Lisette Voyatzis, Advisory Committee Management Officer. [FR Doc. 2011–28615 Filed 11–3–11; 8:45 am] BILLING CODE 7536–01–P NUCLEAR REGULATORY COMMISSION STP Nuclear Operating Company; South Texas Project, Units 1 and 2; Exemption 1.0 Background STP Nuclear Operating Company (STPNOC, the licensee) is the holder of Facility Operating License Nos. NPF–76 and NPF–80, which authorizes operation of the South Texas Project (STP), Units 1 and 2. The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect. The facility consists of a pressurizedwater reactor located in Matagorda County in Texas. 2.0 Request/Action Pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 12, ‘‘Specific exemptions,’’ the licensee has, by letter dated December 21, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML103630408), requested an exemption from 10 CFR 50.46, ‘‘Acceptance criteria for emergency core cooling systems [(ECCS)] for light-water nuclear power reactors,’’ and Appendix K to 10 CFR part 50, ‘‘ECCS Evaluation Models.’’ The regulations in 10 CFR 50.46 contain acceptance criteria for the ECCS 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. The Baker-Just equation assumes the use of zircaloy or ZIRLO TM, which is a material different from Optimized ZIRLO TM. The licensee’s requested exemption 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 50.46 and Appendix K is needed to support the use of a different fuel rod cladding material. Accordingly, the licensee requested an exemption that would allow the use of Optimized ZIRLO TM fuel rod cladding at STP, Units 1 and 2. 3.0 [Docket Nos. 50–498 and 50–499; NRC– 2011–0238] 68511 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 (1) When 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. E:\FR\FM\04NON1.SGM 04NON1 68512 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Notices Authorized by Law This exemption would allow the use of Optimized ZIRLO TM fuel rod cladding material at STP, Units 1 and 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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–12610–P–A and CENPD–404–P–A, Addendum 1–A, ‘‘Optimized ZIRLOTM,’’ dated July 2006, contain the justification to use Optimized ZIRLOTM fuel rod cladding material in addition to Zircaloy-4 and ZIRLOTM (these topical reports are nonpublicly available because they contain proprietary information). The NRC staff approved the use of these topical reports, subject to the conditions stated in the NRC staff’s safety evaluation for each topical report. Ring compression tests performed by Westinghouse on Optimized ZIRLOTM were reviewed and approved by the NRC staff (ADAMS Accession No. ML062080569), and demonstrate an acceptable retention of post-quench ductility up to the 10 CFR 50.46 limits of 2200 degrees Fahrenheit and 17 percent equivalent clad reacted. Furthermore, the NRC staff has concluded that oxidation measurements provided by the licensee illustrate that oxide thickness (and associated hydrogen pickup) for Optimized ZIRLOTM at any given burnup would be less than that for both zircaloy and ZIRLOTM (ADAMS Accession No. ML073130555). Hence, the NRC staff concludes that Optimized ZIRLOTM would be expected to maintain improved post-quench ductility over ZIRLOTM. Finally, the licensee stated that Westinghouse will perform an evaluation to ensure that the Optimized ZIRLOTM fuel rods continue to satisfy 10 CFR 50.46 acceptance criteria utilizing currently NRC-approved loss-of-coolant accident (LOCA) models and methods. The underlying purpose of 10 CFR part 50, appendix K, Section I.A.5, ‘‘Metal-Water Reaction Rate,’’ is to ensure that cladding oxidation and hydrogen generation are appropriately limited during a LOCA and conservatively accounted for in the ECCS evaluation model. Appendix K of VerDate Mar<15>2010 17:06 Nov 03, 2011 Jkt 226001 10 CFR part 50 requires that the BakerJust equation be used in the ECCS evaluation model to determine the rate of energy release, cladding oxidation, and hydrogen generation. Since the use of the Baker-Just equation presumes the use of zircaloy-clad fuel, strict application of the rule would not permit use of the equation for Optimized ZIRLOTM cladding for determining acceptable fuel performance. Westinghouse has demonstrated that the Baker-Just model is conservative in all post-LOCA scenarios with respect to the use of the Optimized ZIRLOTM advanced alloy as a fuel cladding material. The NRC-approved topical reports have demonstrated that predicted chemical, thermal, and mechanical characteristics of the Optimized ZIRLOTM alloy cladding are bounded by those approved for ZIRLOTM under anticipated operational occurrences and postulated accidents. Reload cores are required to be operated in accordance with the operating limits specified in the technical specifications and the core operating limits report. Based on the above, no new accident precursors are created by using Optimized ZIRLOTM, 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 to public health and safety due to using Optimized ZIRLOTM. Consistent With Common Defense and Security The proposed exemption would allow the use of Optimized ZIRLOTM fuel rod cladding material at STP, Units 1 and 2. This change to the plant 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 part 50 is to establish acceptance criteria for ECCS performance. The wording of the regulations in 10 CFR 50.46 and Appendix K is not directly applicable to Optimized ZIRLOTM, even though the evaluations above show that the intent of the regulation is met. Therefore, since the underlying purposes of 10 CFR 50.46 and Appendix K are achieved through the use of PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 Optimized ZIRLOTM fuel rod cladding material, the special circumstances required by 10 CFR 50.12(a)(2)(ii) for the granting of an exemption exist. 4.0 Conclusion Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12, the exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. Also, special circumstances are present. Therefore, the Commission hereby grants the licensee an exemption from the requirements of 10 CFR 50.46 and Appendix K to 10 CFR part 50, to allow the use of Optimized ZIRLOTM fuel rod cladding material at STP, Units 1 and 2. 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 and published an environmental assessment for this exemption on October 11, 2011 (76 FR 62861). This exemption is effective upon issuance. Dated at Rockville, Maryland, this 27th day of October 2011. For the Nuclear Regulatory Commission. Michele G. Evans, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2011–28608 Filed 11–3–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2010–0062; Docket No. 50–261] Carolina Power & Light Company; H. B. Robinson Steam Electric Plant, Unit 2; Exemption 1.0 Background Carolina Power & Light Company (the licensee) is the holder of Renewed Facility Operating License No. DPR–23, which authorizes operation of the H. B. Robinson Steam Electric Plant (HBRSEP), Unit 2. The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect. The facility consists of one pressurized-water reactor located in New Hill, North Carolina. 2.0 Request/Action Title 10 of the Code of Federal Regulations (10 CFR), 50.46, E:\FR\FM\04NON1.SGM 04NON1

Agencies

[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Notices]
[Pages 68511-68512]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28608]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-498 and 50-499; NRC-2011-0238]


STP Nuclear Operating Company; South Texas Project, Units 1 and 
2; Exemption

1.0 Background

    STP Nuclear Operating Company (STPNOC, the licensee) is the holder 
of Facility Operating License Nos. NPF-76 and NPF-80, which authorizes 
operation of the South Texas Project (STP), Units 1 and 2. The license 
provides, among other things, that the facility is subject to all 
rules, regulations, and orders of the U.S. Nuclear Regulatory 
Commission (NRC, the Commission) now or hereafter in effect.
    The facility consists of a pressurized-water reactor located in 
Matagorda County in Texas.

2.0 Request/Action

    Pursuant to Title 10 of the Code of Federal Regulations (10 CFR), 
Part 12, ``Specific exemptions,'' the licensee has, by letter dated 
December 21, 2010 (Agencywide Documents Access and Management System 
(ADAMS) Accession No. ML103630408), requested an exemption from 10 CFR 
50.46, ``Acceptance criteria for emergency core cooling systems 
[(ECCS)] for light-water nuclear power reactors,'' and Appendix K to 10 
CFR part 50, ``ECCS Evaluation Models.'' The regulations in 10 CFR 
50.46 contain acceptance criteria for the ECCS 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. The Baker-Just equation assumes the use of 
zircaloy or ZIRLO \TM\, which is a material different from Optimized 
ZIRLO \TM\. The licensee's requested exemption 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 50.46 
and Appendix K is needed to support the use of a different fuel rod 
cladding material. Accordingly, the licensee requested an exemption 
that would allow the use of Optimized ZIRLO \TM\ fuel rod cladding at 
STP, Units 1 and 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 (1) When 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.

[[Page 68512]]

Authorized by Law

    This exemption would allow the use of Optimized ZIRLO \TM\ fuel rod 
cladding material at STP, Units 1 and 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 purpose of 10 CFR 50.46 is to establish acceptance 
criteria for ECCS performance. Westinghouse topical reports WCAP-12610-
P-A and CENPD-404-P-A, Addendum 1-A, ``Optimized ZIRLOTM,'' 
dated July 2006, contain the justification to use Optimized 
ZIRLOTM fuel rod cladding material in addition to Zircaloy-4 
and ZIRLOTM (these topical reports are non-publicly 
available because they contain proprietary information). The NRC staff 
approved the use of these topical reports, subject to the conditions 
stated in the NRC staff's safety evaluation for each topical report. 
Ring compression tests performed by Westinghouse on Optimized 
ZIRLOTM were reviewed and approved by the NRC staff (ADAMS 
Accession No. ML062080569), and demonstrate an acceptable retention of 
post-quench ductility up to the 10 CFR 50.46 limits of 2200 degrees 
Fahrenheit and 17 percent equivalent clad reacted. Furthermore, the NRC 
staff has concluded that oxidation measurements provided by the 
licensee illustrate that oxide thickness (and associated hydrogen 
pickup) for Optimized ZIRLOTM at any given burnup would be 
less than that for both zircaloy and ZIRLOTM (ADAMS 
Accession No. ML073130555). Hence, the NRC staff concludes that 
Optimized ZIRLOTM would be expected to maintain improved 
post-quench ductility over ZIRLOTM. Finally, the licensee 
stated that Westinghouse will perform an evaluation to ensure that the 
Optimized ZIRLOTM fuel rods continue to satisfy 10 CFR 50.46 
acceptance criteria utilizing currently NRC-approved loss-of-coolant 
accident (LOCA) models and methods.
    The underlying purpose of 10 CFR part 50, appendix K, Section 
I.A.5, ``Metal-Water Reaction Rate,'' is to ensure that cladding 
oxidation and hydrogen generation are appropriately limited during a 
LOCA and conservatively accounted for in the ECCS evaluation model. 
Appendix K of 10 CFR part 50 requires that the Baker-Just equation be 
used in the ECCS evaluation model to determine the rate of energy 
release, cladding oxidation, and hydrogen generation. Since the use of 
the Baker-Just equation presumes the use of zircaloy-clad fuel, strict 
application of the rule would not permit use of the equation for 
Optimized ZIRLOTM cladding for determining acceptable fuel 
performance. Westinghouse has demonstrated that the Baker-Just model is 
conservative in all post-LOCA scenarios with respect to the use of the 
Optimized ZIRLOTM advanced alloy as a fuel cladding 
material.
    The NRC-approved topical reports have demonstrated that predicted 
chemical, thermal, and mechanical characteristics of the Optimized 
ZIRLOTM alloy cladding are bounded by those approved for 
ZIRLOTM under anticipated operational occurrences and 
postulated accidents. Reload cores are required to be operated in 
accordance with the operating limits specified in the technical 
specifications and the core operating limits report.
    Based on the above, no new accident precursors are created by using 
Optimized ZIRLOTM, 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 to public health and safety due to using Optimized 
ZIRLOTM.

Consistent With Common Defense and Security

    The proposed exemption would allow the use of Optimized 
ZIRLOTM fuel rod cladding material at STP, Units 1 and 2. 
This change to the plant 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 part 
50 is to establish acceptance criteria for ECCS performance. The 
wording of the regulations in 10 CFR 50.46 and Appendix K is not 
directly applicable to Optimized ZIRLOTM, even though the 
evaluations above show that the intent of the regulation is met. 
Therefore, since the underlying purposes of 10 CFR 50.46 and Appendix K 
are achieved through the use of Optimized ZIRLOTM fuel rod 
cladding material, the special circumstances required by 10 CFR 
50.12(a)(2)(ii) for the granting of an exemption exist.

4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12, the exemption is authorized by law, will not present an undue 
risk to the public health and safety, and is consistent with the common 
defense and security. Also, special circumstances are present. 
Therefore, the Commission hereby grants the licensee an exemption from 
the requirements of 10 CFR 50.46 and Appendix K to 10 CFR part 50, to 
allow the use of Optimized ZIRLOTM fuel rod cladding 
material at STP, Units 1 and 2.
    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 and published an environmental 
assessment for this exemption on October 11, 2011 (76 FR 62861).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 27th day of October 2011.

    For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2011-28608 Filed 11-3-11; 8:45 am]
BILLING CODE 7590-01-P
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