License Exemption Request for Florida Power & Light Company Turkey Point Nuclear Generating Unit Nos. 3 and 4, 11469-11472 [2014-04409]
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Federal Register / Vol. 79, No. 40 / Friday, February 28, 2014 / Notices
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NUCLEAR REGULATORY
COMMISSION
Paul M. Wester, Jr.,
Chief Records Officer for the U.S.
Government.
[Docket Nos. 50–250 and 50–251; NRC–
2014–0035]
[FR Doc. 2014–04417 Filed 2–27–14; 8:45 am]
BILLING CODE 7515–01–P
NATIONAL SCIENCE FOUNDATION
License Exemption Request for Florida
Power & Light Company Turkey Point
Nuclear Generating Unit Nos. 3 and 4
Nuclear Regulatory
Commission.
AGENCY:
Exemption; issuance.
Sunshine Act Meetings
ACTION:
The National Science Board, pursuant
to NSF regulations (45 CFR part 614),
the National Science Foundation Act, as
amended (42 U.S.C. 1862n–5), and the
Government in the Sunshine Act (5
U.S.C. 552b), hereby gives notice of a
CHANGE in the scheduling of two
meetings for the transaction of National
Science Board business, as noted below.
The original notice was published in the
Federal Register on February 20, 2014
(79 FR 9770).
ORIGINAL DATE AND TIME:
Plenary Board Meeting
Executive Closed Session: 11:00–
11:30 a.m.
Plenary Board Meeting
Closed Session: 11:30 a.m.–12:15 p.m.
CHANGED DATE AND TIME:
Plenary Board Meeting
Executive Closed Session: 8:30–9:00
a.m.
Plenary Board Meeting
Closed Session: 11:00 a.m.–12:15 p.m.
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PUBLIC AFFAIRS CONTACT: Dana Topousis,
dtopousi@nsf.gov, (703) 292–7750.
SUMMARY:
Ann Bushmiller,
Senior Counsel to the National Science Board.
[FR Doc. 2014–04569 Filed 2–26–14; 11:15 am]
BILLING CODE 7555–01–P
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The U.S. Nuclear Regulatory
Commission (NRC) is granting an
exemption in response to a March 22,
2013, request from Florida Power &
Light Company for an exemption for the
use of a different fuel rod cladding
material (Optimized ZIRLOTM).
ADDRESSES: Please refer to Docket ID
NRC–2014–0035 when contacting the
NRC about the availability of
information regarding this document.
You may access publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0035. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents,’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Audrey L. Klett, Office of Nuclear
Reactor Regulation, telephone: 301–
415–0489, email: Audrey.Klett@nrc.gov,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
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I. Background
Florida Power & Light Company (the
licensee) is the holder of Renewed
Facility Operating License Nos. DPR–31
and DPR–41, which authorize operation
of the Turkey Point Nuclear Generating
Unit Nos. 3 and 4 (Turkey Point 3 and
4), respectively. 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) now or hereafter in
effect. The facility consists of two
pressurized water reactors located in
Miami-Dade County, Florida.
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II. Request/Action
Pursuant to Section 50.12, ‘‘Specific
exemptions,’’ of Title 10 of the Code of
Federal Regulations (10 CFR), the
licensee has, by letter dated March 22,
2013 (ADAMS Accession No.
ML13100A131), requested an exemption
from the requirements of 10 CFR 50.46,
‘‘Acceptance criteria for emergency core
cooling systems [ECCS] for light-water
nuclear power reactors,’’ and 10 CFR
Part 50, Appendix K, ‘‘ECCS Evaluation
Models,’’ to allow the use of fuel rods
clad with Optimized ZIRLOTM alloy for
future reload applications. The
regulations in 10 CFR 50.46 contain
acceptance criteria for the ECCS for
reactors fueled with zircaloy or ZIRLO
fuel rod cladding material. 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 a zirconium alloy, which is a material
different from Optimized ZIRLOTM. The
licensee requested the exemption
because these regulations do not have
provisions for the use of fuel rods clad
in a material other than zircaloy or
ZIRLOTM. Because the material
specifications of Optimized ZIRLOTM
differ from the specification for zircaloy
or ZIRLOTM, a plant-specific exemption
is required to support the reload
applications for Turkey Point 3 and 4.
The exemption request relates solely
to the cladding material specified in
these regulations (i.e., fuel rods with
Zircaloy or ZIRLOTM cladding material).
This exemption would provide for the
application of the acceptance criteria of
10 CFR 50.46 and Appendix K to 10
CFR Part 50 to fuel assembly designs
using Optimized ZIRLOTM fuel rod
cladding material. In its letter dated
March 22, 2013, the licensee clarified
that it was not seeking an exemption
from the acceptance and analytical
criteria of these regulations. The intent
of the request is to allow the use of
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criteria set forth in these regulations for
application to the Optimized ZIRLOTM
fuel rod cladding material.
III. Discussion
Pursuant to 10 CFR 50.12, the
Commission may, upon application by
any interested person, grant exemptions
from the requirements of 10 CFR Part
50, which are authorized by law, will
not present an undue risk to the public
health and safety, and are consistent
with the common defense and security.
Paragraph (a)(2)(ii) of 10 CFR 50.12
states that the Commission will not
consider granting an exemption unless
special circumstances are present, such
as when application of the regulation in
the particular circumstance is not
necessary to achieve the underlying
purpose of the rule.
A. 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 regulations in 10 CFR
50.46 and Appendix K are not directly
applicable to Optimized ZIRLOTM, even
though the evaluations described in the
following sections of this exemption
show that the intent of the regulation is
met. Therefore, because the underlying
purposes of 10 CFR 50.46 and Appendix
K of 10 CFR Part 50 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.
B. Authorized by Law
This exemption would allow the use
of Optimized ZIRLOTM fuel rod
cladding material for future reload
applications at Turkey Point 3 and 4.
Section 10 CFR 50.12 allows the NRC to
grant exemptions from the requirements
of 10 CFR Part 50. The NRC staff
determined that granting the licensee’s
proposed exemption would 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.
C. No Undue Risk to Public Health and
Safety
Section 10 CFR 50.46 requires that
each boiling or pressurized light-water
nuclear power reactor fueled with
uranium oxide pellets within
cylindrical zircaloy or ZIRLO cladding
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must be provided with an 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.
The underlying purpose of 10 CFR 50.46
is to establish acceptance criteria for
adequate ECCS performance. As
previously documented in the NRC
staff’s safety evaluation dated June 10,
2005 (ADAMS Accession No.
ML051670395), of topical reports
submitted by Westinghouse, and subject
to compliance with the specific
conditions of approval established in
the safety evaluation, the NRC staff
found that Westinghouse demonstrated
the applicability of these ECCS
acceptance criteria to Optimized
ZIRLOTM. Ring compression tests
performed by Westinghouse on
Optimized ZIRLOTM (see WCAP–
14342–A & CENPD–404–NP–A at
ADAMS Accession No. ML062080569)
demonstrate an acceptable retention of
postquench ductility up to 10 CFR 50.46
limits of 2200 degrees Fahrenheit and
17 percent equivalent clad reacted.
Furthermore, the NRC staff concluded
that oxidation measurements provided
by the licensee by letter LTR–NRC–07–
58 from Westinghouse to the NRC, ‘‘SER
Compliance with WCAP–12610–P–A &
CENPD–404–P–A, Addendum 1–A,
‘Optimized ZIRLOTM,’’’ dated
November 6, 2007 (public version is at
ADAMS Accession No. ML073130560),
illustrate that oxide thickness and
associated hydrogen pickup for
Optimized ZIRLOTM at any given
burnup would be less than both
zircaloy-4 and ZIRLOTM. Hence, the
NRC staff concludes that Optimized
ZIRLOTM would be expected to
maintain better postquench ductility
than ZIRLOTM. This finding is further
supported by an ongoing LOCA research
program at Argonne National
Laboratory, which has identified a
strong correlation between cladding
hydrogen content (caused by in-service
corrosion) and postquench ductility.
In its letter dated March 22, 2013, the
licensee stated that its reload
evaluations will ensure that acceptance
criteria are met for the insertion of
assemblies with fuel rods clad with
Optimized ZILROTM. The licensee
stated that it will evaluate fuel
assemblies using Optimized ZIRLOTM
fuel rod cladding material using NRCapproved analytical methods and plantspecific models to address the changes
in the cladding material properties. The
licensee stated that Westinghouse will
perform an evaluation of the Turkey
Point 3 and 4 cores using LOCA
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methods approved for the site to ensure
that assemblies with Optimized
ZIRLOTM fuel rod cladding material
meet all LOCA safety criteria. For these
reasons, the NRC staff determined that
the underlying purpose of 10 CFR 50.46
would be achieved if the NRC granted
this exemption for Turkey Point 3 and
4.
Paragraph I.A.5 of 10 CFR Part 50,
Appendix K requires that the rate of
energy release, hydrogen generation,
and cladding oxidation from the metal/
water reaction shall be calculated using
the Baker-Just equation. Because 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 fuel
rod cladding material for determining
acceptable fuel performance. However,
the NRC staff found that metal-water
reaction tests performed by
Westinghouse on Optimized ZIRLOTM,
which were NRC-reviewed, approved,
and documented in Appendix B of
Addendum 1–A to WCAP–12610–P–A &
CENPD–404–P–A, demonstrate
conservative reaction rates relative to
the Baker-Just equation. Thus, the NRC
staff determined that application of
Appendix K, Paragraph I.A.5 is not
necessary to achieve the underlying
purpose of the rule in these
circumstances. Because these
evaluations demonstrate that the
underlying purpose of the regulations
will be met, there will be no undue risk
to public health and safety.
D. Consistent With the Common Defense
and Security
The licensee’s exemption request is
only to allow the application of the
aforementioned regulations to an
improved fuel rod cladding material. In
its letter dated March 22, 2013, the
licensee stated that all the requirements
and acceptance criteria will be
maintained. The licensee is required to
handle and control special nuclear
material in these assemblies in
accordance with its approved
procedures. The licensee stated that use
of full regions of Optimized ZIRLOTM
fuel rod cladding material in the Turkey
Point 3 and 4 cores will not affect plant
operations. This change to the plant
configuration is not related to security
issues. Therefore, the NRC staff
determined that this exemption does not
impact common defense and security.
E. Environmental Considerations
The NRC staff determined that the
exemption discussed herein meets the
eligibility criteria for the categorical
exclusion set forth in 10 CFR 51.22(c)(9)
because it is related to a requirement
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concerning the installation or use of a
facility component located within the
restricted area, as defined in 10 CFR
Part 20, and the granting of this
exemption involves: (i) no significant
hazards consideration, (ii) no significant
change in the types or a significant
increase in the amounts of any effluents
that may be released offsite, and (iii) no
significant increase in individual or
cumulative occupational radiation
exposure. Therefore, in accordance with
10 CFR 51.22(b), no environmental
impact statement or environmental
assessment need be prepared in
connection with the NRC’s
consideration of this exemption request.
The basis for the NRC staff’s
determination is discussed as follows
with an evaluation against each of the
requirements in 10 CFR 51.22(c)(9).
Requirements in 10 CFR 51.22(c)(9)(i)
The NRC staff evaluated the issue of
no significant hazards consideration,
using the standards described in 10 CFR
50.92(c), as presented as follows:
1. Does the proposed exemption
involve a significant increase in the
probability or consequences of an
accident previously evaluated?
The proposed exemption would allow
the use of Optimized ZIRLOTM fuel rod
cladding material in the reactors. The
NRC-approved topical report, WCAP–
12610–P–A & CENPD–404–P–A,
Addendum 1–A, addresses Optimized
ZIRLOTM and demonstrates that
Optimized ZIRLOTM has essentially the
same properties as currently licensed
ZIRLO®. The fuel cladding itself is not
an accident initiator and does not affect
accident probability. Use of Optimized
ZIRLOTM fuel rod cladding material will
continue to meet all 10 CFR 50.46
acceptance criteria and, therefore, will
not increase the consequences of an
accident. Therefore, the proposed
exemption does not involve a significant
increase in the probability or
consequences of an accident previously
evaluated.
2. Does the proposed exemption
create the possibility of a new or
different kind of accident from any
accident previously evaluated?
The use of Optimized ZIRLOTM fuel
rod cladding material will not result in
changes in the operation or
configuration of the facility. Topical
report WCAP–12610–P–A & CENPD–
404–P–A demonstrated that the material
properties of Optimized ZIRLOTM are
similar to those of standard ZIRLOTM.
Therefore, Optimized ZIRLOTM fuel rod
cladding material will perform similarly
to those fabricated from standard
ZIRLOTM, thus precluding the
possibility of the fuel cladding
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11471
becoming an accident initiator and
causing a new or different type of
accident. Therefore, the proposed
exemption does not create the
possibility of a new or different kind of
accident from any previously evaluated.
3. Does the proposed exemption
involve a significant reduction in a
margin of safety?
The proposed exemption does not
involve a significant reduction in a
margin of safety because it has been
demonstrated that the material
properties of the Optimized ZIRLOTM
are not significantly different from those
of standard ZIRLOTM. Optimized
ZIRLOTM is expected to perform
similarly to standard ZIRLOTM for all
normal operating and accident
scenarios, including both LOCA and
non-LOCA scenarios. For LOCA
scenarios, where the slight difference in
Optimized ZIRLOTM material properties
relative to standard ZIRLOTM could
have some impact on the overall
accident scenario, plant-specific LOCA
analyses using Optimized ZIRLOTM
properties will demonstrate that the
acceptance criteria of 10 CFR 50.46 have
been satisfied. Therefore, the proposed
exemption does not involve a significant
reduction in a margin of safety.
Based on the above, the NRC staff
concludes that the proposed exemption
presents no significant hazards
consideration under the standards set
forth in 10 CFR 50.92(c), and,
accordingly, a finding of no significant
hazards consideration is justified.
Requirements in 10 CFR 51.22(c)(9)(ii)
The proposed exemption would allow
the use of Optimized ZIRLOTM fuel rod
cladding material in the reactors.
Optimized ZIRLOTM has essentially the
same properties as the currently
licensed ZIRLO®. The use of the
Optimized ZIRLOTM fuel rod cladding
material will not significantly change
the types of effluents that may be
released offsite, or significantly increase
the amount of effluents that may be
released offsite. Therefore, the provision
of 10 CFR 51.22(c)(9)(ii) is satisfied.
Requirements in 10 CFR 51.22(c)(9)(iii)
The proposed exemption would allow
the use of the Optimized ZIRLOTM fuel
rod cladding material in the reactors.
Optimized ZIRLOTM has essentially the
same properties as the currently
licensed ZIRLO®. The use of the
Optimized ZIRLOTM fuel rod cladding
material will not significantly increase
individual occupational radiation
exposure, or significantly increase
cumulative occupational radiation
exposure. Therefore, the provision of 10
CFR 51.22(c)(9)(iii) is satisfied.
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IV. Conclusions
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 Turkey Point 3 and
4.
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 20th day
of February 2014.
For The Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2014–04409 Filed 2–27–14; 8:45 am]
BILLING CODE 7590–01–P
PEACE CORPS
Information Collection Request;
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Peace Corps.
60-Day notice and request for
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The Peace Corps will be
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DATES: Submit comments on or before
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Email comments must be made in text
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SUMMARY:
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OMB Control Number: 0420–0006.
Title: Peace Corps Confidential
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This notice issued in Washington, DC, on:
February 25, 2014.
Denora Miller,
FOIA/Privacy Act Officer, Management.
[FR Doc. 2014–04489 Filed 2–27–14; 8:45 am]
BILLING CODE 6051–01–P
PEACE CORPS
Information Collection Request;
Submission for OMB Review
Peace Corps.
60-Day notice and request for
comments.
AGENCY:
ACTION:
The Peace Corps will be
submitting the following information
SUMMARY:
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conducting this process in accordance
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DATES: Submit comments on or before
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ADDRESSES: Comments should be
addressed to Denora Miller, FOIA/
Privacy Act Officer. Denora Miller can
be contacted by telephone at 202–692–
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Email comments must be made in text
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FOR FURTHER INFORMATION CONTACT:
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form among others related to the
applicants’ suitability and a postagepaid return envelope. This form is only
requested to be filled once and currently
SUPPLEMENTARY INFORMATION:
E:\FR\FM\28FEN1.SGM
28FEN1
Agencies
[Federal Register Volume 79, Number 40 (Friday, February 28, 2014)]
[Notices]
[Pages 11469-11472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04409]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-250 and 50-251; NRC-2014-0035]
License Exemption Request for Florida Power & Light Company
Turkey Point Nuclear Generating Unit Nos. 3 and 4
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is granting an
exemption in response to a March 22, 2013, request from Florida Power &
Light Company for an exemption for the use of a different fuel rod
cladding material (Optimized ZIRLO\TM\).
ADDRESSES: Please refer to Docket ID NRC-2014-0035 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2014-0035. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents,'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Audrey L. Klett, Office of Nuclear
Reactor Regulation, telephone: 301-415-0489, email:
Audrey.Klett@nrc.gov, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
[[Page 11470]]
I. Background
Florida Power & Light Company (the licensee) is the holder of
Renewed Facility Operating License Nos. DPR-31 and DPR-41, which
authorize operation of the Turkey Point Nuclear Generating Unit Nos. 3
and 4 (Turkey Point 3 and 4), respectively. 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) now or
hereafter in effect. The facility consists of two pressurized water
reactors located in Miami-Dade County, Florida.
II. Request/Action
Pursuant to Section 50.12, ``Specific exemptions,'' of Title 10 of
the Code of Federal Regulations (10 CFR), the licensee has, by letter
dated March 22, 2013 (ADAMS Accession No. ML13100A131), requested an
exemption from the requirements of 10 CFR 50.46, ``Acceptance criteria
for emergency core cooling systems [ECCS] for light-water nuclear power
reactors,'' and 10 CFR Part 50, Appendix K, ``ECCS Evaluation Models,''
to allow the use of fuel rods clad with Optimized ZIRLO\TM\ alloy for
future reload applications. The regulations in 10 CFR 50.46 contain
acceptance criteria for the ECCS for reactors fueled with zircaloy or
ZIRLO fuel rod cladding material. 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 a zirconium alloy, which is a material different from Optimized
ZIRLO\TM\. The licensee requested the exemption because these
regulations do not have provisions for the use of fuel rods clad in a
material other than zircaloy or ZIRLO\TM\. Because the material
specifications of Optimized ZIRLO\TM\ differ from the specification for
zircaloy or ZIRLO\TM\, a plant-specific exemption is required to
support the reload applications for Turkey Point 3 and 4.
The exemption request relates solely to the cladding material
specified in these regulations (i.e., fuel rods with Zircaloy or
ZIRLO\TM\ cladding material). This exemption would provide for the
application of the acceptance criteria of 10 CFR 50.46 and Appendix K
to 10 CFR Part 50 to fuel assembly designs using Optimized ZIRLO\TM\
fuel rod cladding material. In its letter dated March 22, 2013, the
licensee clarified that it was not seeking an exemption from the
acceptance and analytical criteria of these regulations. The intent of
the request is to allow the use of criteria set forth in these
regulations for application to the Optimized ZIRLO\TM\ fuel rod
cladding material.
III. Discussion
Pursuant to 10 CFR 50.12, the Commission may, upon application by
any interested person, grant exemptions from the requirements of 10 CFR
Part 50, which are authorized by law, will not present an undue risk to
the public health and safety, and are consistent with the common
defense and security. Paragraph (a)(2)(ii) of 10 CFR 50.12 states that
the Commission will not consider granting an exemption unless special
circumstances are present, such as when application of the regulation
in the particular circumstance is not necessary to achieve the
underlying purpose of the rule.
A. 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
regulations in 10 CFR 50.46 and Appendix K are not directly applicable
to Optimized ZIRLO\TM\, even though the evaluations described in the
following sections of this exemption show that the intent of the
regulation is met. Therefore, because the underlying purposes of 10 CFR
50.46 and Appendix K of 10 CFR Part 50 are achieved through the use of
Optimized ZIRLO\TM\ fuel rod cladding material, the special
circumstances required by 10 CFR 50.12(a)(2)(ii) for the granting of an
exemption exist.
B. Authorized by Law
This exemption would allow the use of Optimized ZIRLO\TM\ fuel rod
cladding material for future reload applications at Turkey Point 3 and
4. Section 10 CFR 50.12 allows the NRC to grant exemptions from the
requirements of 10 CFR Part 50. The NRC staff determined that granting
the licensee's proposed exemption would 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.
C. No Undue Risk to Public Health and Safety
Section 10 CFR 50.46 requires 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
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. The underlying
purpose of 10 CFR 50.46 is to establish acceptance criteria for
adequate ECCS performance. As previously documented in the NRC staff's
safety evaluation dated June 10, 2005 (ADAMS Accession No.
ML051670395), of topical reports submitted by Westinghouse, and subject
to compliance with the specific conditions of approval established in
the safety evaluation, the NRC staff found that Westinghouse
demonstrated the applicability of these ECCS acceptance criteria to
Optimized ZIRLO\TM\. Ring compression tests performed by Westinghouse
on Optimized ZIRLO\TM\ (see WCAP-14342-A & CENPD-404-NP-A at ADAMS
Accession No. ML062080569) demonstrate an acceptable retention of
postquench ductility up to 10 CFR 50.46 limits of 2200 degrees
Fahrenheit and 17 percent equivalent clad reacted. Furthermore, the NRC
staff concluded that oxidation measurements provided by the licensee by
letter LTR-NRC-07-58 from Westinghouse to the NRC, ``SER Compliance
with WCAP-12610-P-A & CENPD-404-P-A, Addendum 1-A, `Optimized
ZIRLO\TM\,''' dated November 6, 2007 (public version is at ADAMS
Accession No. ML073130560), illustrate that oxide thickness and
associated hydrogen pickup for Optimized ZIRLO\TM\ at any given burnup
would be less than both zircaloy-4 and ZIRLO\TM\. Hence, the NRC staff
concludes that Optimized ZIRLO\TM\ would be expected to maintain better
postquench ductility than ZIRLO\TM\. This finding is further supported
by an ongoing LOCA research program at Argonne National Laboratory,
which has identified a strong correlation between cladding hydrogen
content (caused by in-service corrosion) and postquench ductility.
In its letter dated March 22, 2013, the licensee stated that its
reload evaluations will ensure that acceptance criteria are met for the
insertion of assemblies with fuel rods clad with Optimized ZILRO\TM\.
The licensee stated that it will evaluate fuel assemblies using
Optimized ZIRLO\TM\ fuel rod cladding material using NRC-approved
analytical methods and plant-specific models to address the changes in
the cladding material properties. The licensee stated that Westinghouse
will perform an evaluation of the Turkey Point 3 and 4 cores using LOCA
[[Page 11471]]
methods approved for the site to ensure that assemblies with Optimized
ZIRLO\TM\ fuel rod cladding material meet all LOCA safety criteria. For
these reasons, the NRC staff determined that the underlying purpose of
10 CFR 50.46 would be achieved if the NRC granted this exemption for
Turkey Point 3 and 4.
Paragraph I.A.5 of 10 CFR Part 50, Appendix K requires that the
rate of energy release, hydrogen generation, and cladding oxidation
from the metal/water reaction shall be calculated using the Baker-Just
equation. Because 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 fuel rod cladding material
for determining acceptable fuel performance. However, the NRC staff
found that metal-water reaction tests performed by Westinghouse on
Optimized ZIRLO\TM\, which were NRC-reviewed, approved, and documented
in Appendix B of Addendum 1-A to WCAP-12610-P-A & CENPD-404-P-A,
demonstrate conservative reaction rates relative to the Baker-Just
equation. Thus, the NRC staff determined that application of Appendix
K, Paragraph I.A.5 is not necessary to achieve the underlying purpose
of the rule in these circumstances. Because these evaluations
demonstrate that the underlying purpose of the regulations will be met,
there will be no undue risk to public health and safety.
D. Consistent With the Common Defense and Security
The licensee's exemption request is only to allow the application
of the aforementioned regulations to an improved fuel rod cladding
material. In its letter dated March 22, 2013, the licensee stated that
all the requirements and acceptance criteria will be maintained. The
licensee is required to handle and control special nuclear material in
these assemblies in accordance with its approved procedures. The
licensee stated that use of full regions of Optimized ZIRLO\TM\ fuel
rod cladding material in the Turkey Point 3 and 4 cores will not affect
plant operations. This change to the plant configuration is not related
to security issues. Therefore, the NRC staff determined that this
exemption does not impact common defense and security.
E. Environmental Considerations
The NRC staff determined that the exemption discussed herein meets
the eligibility criteria for the categorical exclusion set forth in 10
CFR 51.22(c)(9) because it is related to a requirement concerning the
installation or use of a facility component located within the
restricted area, as defined in 10 CFR Part 20, and the granting of this
exemption involves: (i) no significant hazards consideration, (ii) no
significant change in the types or a significant increase in the
amounts of any effluents that may be released offsite, and (iii) no
significant increase in individual or cumulative occupational radiation
exposure. Therefore, in accordance with 10 CFR 51.22(b), no
environmental impact statement or environmental assessment need be
prepared in connection with the NRC's consideration of this exemption
request. The basis for the NRC staff's determination is discussed as
follows with an evaluation against each of the requirements in 10 CFR
51.22(c)(9).
Requirements in 10 CFR 51.22(c)(9)(i)
The NRC staff evaluated the issue of no significant hazards
consideration, using the standards described in 10 CFR 50.92(c), as
presented as follows:
1. Does the proposed exemption involve a significant increase in
the probability or consequences of an accident previously evaluated?
The proposed exemption would allow the use of Optimized ZIRLO\TM\
fuel rod cladding material in the reactors. The NRC-approved topical
report, WCAP-12610-P-A & CENPD-404-P-A, Addendum 1-A, addresses
Optimized ZIRLO\TM\ and demonstrates that Optimized ZIRLO\TM\ has
essentially the same properties as currently licensed ZIRLO[supreg].
The fuel cladding itself is not an accident initiator and does not
affect accident probability. Use of Optimized ZIRLO\TM\ fuel rod
cladding material will continue to meet all 10 CFR 50.46 acceptance
criteria and, therefore, will not increase the consequences of an
accident. Therefore, the proposed exemption does not involve a
significant increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed exemption create the possibility of a new or
different kind of accident from any accident previously evaluated?
The use of Optimized ZIRLO\TM\ fuel rod cladding material will not
result in changes in the operation or configuration of the facility.
Topical report WCAP-12610-P-A & CENPD-404-P-A demonstrated that the
material properties of Optimized ZIRLO\TM\ are similar to those of
standard ZIRLO\TM\. Therefore, Optimized ZIRLO\TM\ fuel rod cladding
material will perform similarly to those fabricated from standard
ZIRLO\TM\, thus precluding the possibility of the fuel cladding
becoming an accident initiator and causing a new or different type of
accident. Therefore, the proposed exemption does not create the
possibility of a new or different kind of accident from any previously
evaluated.
3. Does the proposed exemption involve a significant reduction in a
margin of safety?
The proposed exemption does not involve a significant reduction in
a margin of safety because it has been demonstrated that the material
properties of the Optimized ZIRLO\TM\ are not significantly different
from those of standard ZIRLO\TM\. Optimized ZIRLO\TM\ is expected to
perform similarly to standard ZIRLO\TM\ for all normal operating and
accident scenarios, including both LOCA and non-LOCA scenarios. For
LOCA scenarios, where the slight difference in Optimized ZIRLO\TM\
material properties relative to standard ZIRLO\TM\ could have some
impact on the overall accident scenario, plant-specific LOCA analyses
using Optimized ZIRLO\TM\ properties will demonstrate that the
acceptance criteria of 10 CFR 50.46 have been satisfied. Therefore, the
proposed exemption does not involve a significant reduction in a margin
of safety.
Based on the above, the NRC staff concludes that the proposed
exemption presents no significant hazards consideration under the
standards set forth in 10 CFR 50.92(c), and, accordingly, a finding of
no significant hazards consideration is justified.
Requirements in 10 CFR 51.22(c)(9)(ii)
The proposed exemption would allow the use of Optimized ZIRLO\TM\
fuel rod cladding material in the reactors. Optimized ZIRLO\TM\ has
essentially the same properties as the currently licensed
ZIRLO[supreg]. The use of the Optimized ZIRLO\TM\ fuel rod cladding
material will not significantly change the types of effluents that may
be released offsite, or significantly increase the amount of effluents
that may be released offsite. Therefore, the provision of 10 CFR
51.22(c)(9)(ii) is satisfied.
Requirements in 10 CFR 51.22(c)(9)(iii)
The proposed exemption would allow the use of the Optimized
ZIRLO\TM\ fuel rod cladding material in the reactors. Optimized
ZIRLO\TM\ has essentially the same properties as the currently licensed
ZIRLO[supreg]. The use of the Optimized ZIRLO\TM\ fuel rod cladding
material will not significantly increase individual occupational
radiation exposure, or significantly increase cumulative occupational
radiation exposure. Therefore, the provision of 10 CFR 51.22(c)(9)(iii)
is satisfied.
[[Page 11472]]
IV. Conclusions
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 ZIRLO\TM\ fuel rod cladding material at
Turkey Point 3 and 4.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 20th day of February 2014.
For The Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2014-04409 Filed 2-27-14; 8:45 am]
BILLING CODE 7590-01-P