Exemption for NextEra Energy Point Beach, LLC; Point Beach Nuclear Plant, Units 1 and 2, 28973-28975 [2014-11615]
Download as PDF
Federal Register / Vol. 79, No. 97 / Tuesday, May 20, 2014 / Notices
www.regualtions.gov and search for
Docket No. NRC–2014–0079. Mail
comments to the Acting NRC Clearance
Officer, Fajr Majeed (T–5 F50), U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Questions about the information
collection requirements may be directed
to the Acting NRC Clearance Officer,
Fajr Majeed (T–5 F50), U.S. Nuclear
Regulatory Commission Washington, DC
20555–0001; telephone: 301–415–6736,
or by email to
INFOCOLLECTS.Resource@NRC.GOV.
Dated at Rockville, Maryland, this 15th day
of May, 2014.
For the Nuclear Regulatory Commission.
Fajr Majeed,
Acting NRC Clearance Officer, Office of
Information Services.
[FR Doc. 2014–11611 Filed 5–19–14; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–266 and 50–301; NRC–
2014–0117]
Exemption for NextEra Energy Point
Beach, LLC; Point Beach Nuclear
Plant, Units 1 and 2
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption in response to a June 4, 2013,
request from NextEra Energy Point
Beach, LLC, requesting an exemption to
use of a different fuel rod cladding
material (Optimized ZIRLOTM).
ADDRESSES: Please refer to Docket ID
NRC–2014–0117 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–2014–0117. 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
emcdonald on DSK67QTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:09 May 19, 2014
Jkt 232001
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:
Terry A. Beltz, Office of Nuclear Reactor
Regulation, telephone: 301–415–3049;
email: Terry.Beltz@nrc.gov, U.S. Nuclear
Regulatory Commission, Washington DC
20555–0001.
I. Background
NextEra Energy Point Beach, LLC
(NextEra or the licensee) is the holder of
renewed Facility Operating License Nos.
DPR–24 and DPR–27, which authorize
operation of the Point Beach Nuclear
Plant (Point Beach), Units 1 and 2,
respectively. The license provides,
among other things, that the facility is
subject to all rules, regulations, and
orders of the NRC now or hereafter in
effect.
The facility consists of two
pressurized-water reactors located in
Manitowac County in Wisconsin.
II. Request/Action
Pursuant to Section 50.12 of Title 10
of the Code of Federal Regulations (10
CFR), ‘‘Specific exemptions,’’ the
licensee has, by letter dated June 4, 2013
(ADAMS Accession No. ML13155A239),
requested an exemption from 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 rod cladding 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 ZIRLOTM fuel rod cladding material.
In addition, paragraph I.A.5 of
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.
Thus, the strict application of these
regulations does not permit the use of
fuel rod cladding material other than
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
28973
zircaloy or ZIRLOTM. Because the
material specifications of Optimized
ZIRLOTM differ from the specifications
for zircaloy or ZIRLOTM, and the
regulations specify a cladding material
other than Optimized ZIRLOTM, a plantspecific exemption is required to allow
the use of, and application of these
regulations to, Optimized ZIRLOTM at
Point Beach.
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 allow
application of the acceptance criteria of
10 CFR 50.46 and 10 CFR Part 50,
Appendix K, to fuel assembly designs
using Optimized ZIRLOTM fuel rod
cladding material. In its letter dated
June 4, 2013, the licensee indicated 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 the criteria
set forth in these regulations for the use
of Optimized ZIRLOTM fuel rod
cladding material at Point Beach.
III. 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)(ii), 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.
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 to provide reasonable
assurance of safety in the event of a lossof-coolant accident (LOCA). Although
the regulations in 10 CFR 50.46 and
Appendix K are not expressly
applicable to Optimized ZIRLOTM, the
evaluations described in the following
sections of this exemption show that the
purpose of the regulations are met by
this exemption in that, subject to certain
E:\FR\FM\20MYN1.SGM
20MYN1
28974
Federal Register / Vol. 79, No. 97 / Tuesday, May 20, 2014 / Notices
conditions, the acceptance criteria are
valid for Optimized ZIRLOTM fuel
cladding material, Optimized ZIRLOTM
would maintain better post-quench
ductility, and the Baker-Just correlation
conservatively bounds LOCA scenario
metal-water reaction rates and is
applicable to Optimized ZIRLOTM.
Thus, a strict application of the rule
(which would preclude the applicability
of ECCS performance acceptance criteria
to, and the use of, Optimized ZIRLOTM
fuel cladding material) is not necessary
to achieve the underlying purposes of
10 CFR 50.46 and Appendix K to 10
CFR Part 50. The purpose of these
regulations is achieved through
application of the requirements to the
use of Optimized ZIRLOTM fuel rod
cladding material. Therefore, the special
circumstances required by 10 CFR
50.12(a)(2)(ii) for the granting of an
exemption exist.
emcdonald on DSK67QTVN1PROD with NOTICES
B. Authorized by Law
This exemption would allow the use
of Optimized ZIRLOTM fuel rod
cladding material for future reload
operations at Point Beach. As stated
above, 10 CFR 50.12 allows the NRC to
grant exemptions from the requirements
of 10 CFR Part 50 provided that special
circumstances are present. As described
above, the NRC staff has determined
that special circumstances exist to grant
the requested exemption. In addition,
granting the 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.
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 dioxide pellets within
cylindrical zircaloy or ZIRLOTM
cladding must be provided with an
ECCS that must be designed so that its
calculated cooling performance
following a postulated loss-of-coolant
accident (LOCA) 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 Electric
Company, LLC (Westinghouse), and
subject to compliance with the specific
conditions of approval established
therein, the NRC staff found that
Westinghouse demonstrated the
applicability of these ECCS acceptance
VerDate Mar<15>2010
17:09 May 19, 2014
Jkt 232001
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 post-quench
ductility up to 10 CFR 50.46 limits of
2,200 degrees Fahrenheit and 17 percent
equivalent clad reacted. Furthermore,
the NRC staff has concluded that
oxidation measurements provided by
the licensee in 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
located 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 post-quench 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 post-quench ductility.
In addition, the provisions of 10 CFR
50.46 require the licensee to
periodically evaluate the performance of
the ECCS, using currently approved
LOCA models and methods, to ensure
that the fuel rods will continue to satisfy
10 CFR 50.46 acceptance criteria. In its
letter dated June 4, 2013, 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 cladding material properties. The
NRC staff concludes that granting the
exemption to allow the licensee to use
Optimized ZIRLOTM fuel rod cladding
material and apply 10 CFR 50.46 criteria
would not diminish this requirement of
periodic evaluation of ECCS
performance. Thus, the underlying
purpose of the rule to maintain postquench ductility in the fuel cladding
material through ECCS performance
criteria will continue to be achieved for
Point Beach.
Paragraph I.A.5 of Appendix K to 10
CFR Part 50 states that the rates of
energy release, hydrogen concentration,
and cladding oxidation from the metalwater reaction shall be calculated using
the Baker-Just equation. Since the
Baker-Just equation presumes the use of
zircaloy clad fuel, strict application of
this provision of the rule would not
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
permit use of the equation for
Optimized ZIRLOTM fuel rod cladding
material for determining acceptable fuel
performance. The underlying purpose of
this regulation, however, is to ensure
that analyses of fuel response to LOCAs
are conservatively calculated. In its
evaluation of the approved topical
reports, the NRC staff previously found
that metal-water reaction tests
performed by Westinghouse on
Optimized ZIRLOTM (see Appendix B of
WCAP–12610–P–A and CENPD–404–P–
A, Addendum 1–A) demonstrate
conservative reaction rates relative to
the Baker-Just equation, and that the
Baker-Just equation conservatively
bounds post-LOCA scenarios of, and
applicable to, Optimized ZIRLOTM fuel
rod cladding. Thus, the NRC staff
determined that the strict application of
Appendix K, Paragraph I.A.5 (which
would preclude its applicability to, and
the use of, Optimized ZIRLOTM) is not
necessary to achieve the underlying
purpose of the rule in these
circumstances. Since these evaluations
demonstrate that the underlying
purpose of the rule will be met, there
will be no undue risk to the public
health and safety.
D. Consistent With the Common Defense
and Security
The licensee’s exemption request is to
allow the application of an improved
fuel rod cladding material to the
regulations in 10 CFR 50.46 and
paragraph I.A.5 of Appendix K to 10
CFR 50. In its letter dated June 4, 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. This change to reactor core
internals is adequately controlled by
NRC requirements and is not related to
security issues. Therefore, the NRC staff
determined that this exemption does not
impact, and thus is consistent with, the
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 issuance 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
E:\FR\FM\20MYN1.SGM
20MYN1
Federal Register / Vol. 79, No. 97 / Tuesday, May 20, 2014 / Notices
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)(i)–
(iii).
emcdonald on DSK67QTVN1PROD with NOTICES
Requirements in 10 CFR 51.22(c)(9)(i)
The NRC staff evaluated whether the
exemption involves no significant
hazards consideration using the
standards described in 10 CFR 50.92(c),
as presented below:
1. Does the proposed exemption
involve a significant increase in the
probability or consequences of an
accident previously evaluated?
Response: No.
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 and CENPD–404–P–A,
Addendum 1–A ‘‘Optimized
ZIRLOTM,’ ’’ prepared by Westinghouse,
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 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?
Response: No.
The use of Optimized ZIRLOTM fuel
rod cladding material will not result in
changes in the operation or
configuration of the facility. Topical
Reports WCAP–12610–P–A and
CENPD–404–P–A demonstrated that the
material properties of Optimized
ZIRLOTM are similar to those of
standard ZIRLO®. Therefore, Optimized
ZIRLOTM fuel rod cladding material will
perform similarly to those fabricated
from standard ZIRLO®, 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
VerDate Mar<15>2010
17:09 May 19, 2014
Jkt 232001
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?
Response: No.
The proposed exemption will not
involve a significant reduction in the
margin of safety because it has been
demonstrated that the material
properties of the Optimized ZIRLOTM
are not significantly different from those
of standard ZIRLO®. Optimized
ZIRLOTM is expected to perform
similarly to standard ZIRLO® 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 ZIRLO® 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 evaluation of the
standards set forth in 10 CFR 50.92(c),
the NRC staff concludes that the
proposed exemption involves no
significant hazards consideration.
Accordingly, the requirements of 10
CFR 51.22(c)(9)(i) are met.
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 material properties and
performance characteristics as the
currently licensed ZIRLO® cladding.
Thus, the use of 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 requirements of 10 CFR
51.22(c)(9)(ii) are met.
Requirements in 10 CFR 51.22(c)(9)(iii)
The proposed exemption would allow
the use of Optimized ZIRLOTM fuel rod
cladding material in the reactors.
Optimized ZIRLOTM has essentially the
same material properties and
performance characteristics as the
currently licensed ZIRLO® cladding.
Thus, the use of Optimized ZIRLOTM
fuel rod cladding material will not
significantly increase individual
occupational radiation exposure, or
significantly increase cumulative
occupational radiation exposure.
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
28975
Therefore, the requirements of 10 CFR
51.22(c)(9)(iii) are met.
Conclusion
Based on the above, the NRC staff
concludes that the proposed exemption
meets the eligibility criteria for the
categorical exclusion set forth in 10 CFR
51.22(c)(9). 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 proposed
issuance of this exemption.
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 pursuant to 10 CFR
50.12(a)(2)(ii) are present. Therefore, the
Commission hereby grants NextEra an
exemption from the requirements of 10
CFR 50.46 and Appendix K to 10 CFR
Part 50, to allow the application of those
criteria to, and the use of, Optimized
ZIRLOTM fuel rod cladding material at
the Point Beach Nuclear Plant, Units 1
and 2.
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 9th day
of May 2014.
For The Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2014–11615 Filed 5–19–14; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[IA–13–059; NRC–2014–0115]
In the Matter of Richard Brian Smith
Nuclear Regulatory
Commission.
ACTION: Order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an order
prohibiting Richard Brian Smith’s
involvement in any NRC-licensed
activities for a period of five years. This
Order is based on Richard Brian Smith
having twice tested positive for an
illegal substance during random fitnessfor-duty (FFD) tests while holding an
NRC operator’s license at the Grand Gulf
Nuclear Station and the results of an
NRC investigation.
DATES: Effective Date: See attachment.
SUMMARY:
E:\FR\FM\20MYN1.SGM
20MYN1
Agencies
[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Notices]
[Pages 28973-28975]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11615]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-266 and 50-301; NRC-2014-0117]
Exemption for NextEra Energy Point Beach, LLC; Point Beach
Nuclear Plant, Units 1 and 2
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to a June 4, 2013, request from NextEra Energy
Point Beach, LLC, requesting an exemption to use of a different fuel
rod cladding material (Optimized ZIRLO\TM\).
ADDRESSES: Please refer to Docket ID NRC-2014-0117 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-2014-0117. 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: Terry A. Beltz, Office of Nuclear
Reactor Regulation, telephone: 301-415-3049; email:
Terry.Beltz@nrc.gov, U.S. Nuclear Regulatory Commission, Washington DC
20555-0001.
I. Background
NextEra Energy Point Beach, LLC (NextEra or the licensee) is the
holder of renewed Facility Operating License Nos. DPR-24 and DPR-27,
which authorize operation of the Point Beach Nuclear Plant (Point
Beach), Units 1 and 2, respectively. The license provides, among other
things, that the facility is subject to all rules, regulations, and
orders of the NRC now or hereafter in effect.
The facility consists of two pressurized-water reactors located in
Manitowac County in Wisconsin.
II. Request/Action
Pursuant to Section 50.12 of Title 10 of the Code of Federal
Regulations (10 CFR), ``Specific exemptions,'' the licensee has, by
letter dated June 4, 2013 (ADAMS Accession No. ML13155A239), requested
an exemption from 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 rod cladding 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\TM\
fuel rod cladding material. In addition, paragraph I.A.5 of 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\. Thus, the strict application of
these regulations does not permit the use of fuel rod cladding material
other than zircaloy or ZIRLO\TM\. Because the material specifications
of Optimized ZIRLO\TM\ differ from the specifications for zircaloy or
ZIRLO\TM\, and the regulations specify a cladding material other than
Optimized ZIRLO\TM\, a plant-specific exemption is required to allow
the use of, and application of these regulations to, Optimized
ZIRLO\TM\ at Point Beach.
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 allow application of
the acceptance criteria of 10 CFR 50.46 and 10 CFR Part 50, Appendix K,
to fuel assembly designs using Optimized ZIRLO\TM\ fuel rod cladding
material. In its letter dated June 4, 2013, the licensee indicated 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 the criteria set forth in these regulations for the use of
Optimized ZIRLO\TM\ fuel rod cladding material at Point Beach.
III. 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)(ii), 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.
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 to
provide reasonable assurance of safety in the event of a loss-of-
coolant accident (LOCA). Although the regulations in 10 CFR 50.46 and
Appendix K are not expressly applicable to Optimized ZIRLO\TM\, the
evaluations described in the following sections of this exemption show
that the purpose of the regulations are met by this exemption in that,
subject to certain
[[Page 28974]]
conditions, the acceptance criteria are valid for Optimized ZIRLO\TM\
fuel cladding material, Optimized ZIRLO\TM\ would maintain better post-
quench ductility, and the Baker-Just correlation conservatively bounds
LOCA scenario metal-water reaction rates and is applicable to Optimized
ZIRLO\TM\. Thus, a strict application of the rule (which would preclude
the applicability of ECCS performance acceptance criteria to, and the
use of, Optimized ZIRLO\TM\ fuel cladding material) is not necessary to
achieve the underlying purposes of 10 CFR 50.46 and Appendix K to 10
CFR Part 50. The purpose of these regulations is achieved through
application of the requirements to the use of Optimized ZIRLO\TM\ fuel
rod cladding material. Therefore, 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 operations at Point Beach. As
stated above, 10 CFR 50.12 allows the NRC to grant exemptions from the
requirements of 10 CFR Part 50 provided that special circumstances are
present. As described above, the NRC staff has determined that special
circumstances exist to grant the requested exemption. In addition,
granting the 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.
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 dioxide pellets
within cylindrical zircaloy or ZIRLO\TM\ cladding must be provided with
an ECCS that must be designed so that its calculated cooling
performance following a postulated loss-of-coolant accident (LOCA)
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 Electric
Company, LLC (Westinghouse), and subject to compliance with the
specific conditions of approval established therein, 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 post-quench ductility up to 10
CFR 50.46 limits of 2,200 degrees Fahrenheit and 17 percent equivalent
clad reacted. Furthermore, the NRC staff has concluded that oxidation
measurements provided by the licensee in 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 located 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 post-
quench 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 post-quench
ductility.
In addition, the provisions of 10 CFR 50.46 require the licensee to
periodically evaluate the performance of the ECCS, using currently
approved LOCA models and methods, to ensure that the fuel rods will
continue to satisfy 10 CFR 50.46 acceptance criteria. In its letter
dated June 4, 2013, 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 cladding material properties. The NRC staff concludes
that granting the exemption to allow the licensee to use Optimized
ZIRLO\TM\ fuel rod cladding material and apply 10 CFR 50.46 criteria
would not diminish this requirement of periodic evaluation of ECCS
performance. Thus, the underlying purpose of the rule to maintain post-
quench ductility in the fuel cladding material through ECCS performance
criteria will continue to be achieved for Point Beach.
Paragraph I.A.5 of Appendix K to 10 CFR Part 50 states that the
rates of energy release, 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 this provision of the rule would not
permit use of the equation for Optimized ZIRLOTM fuel rod
cladding material for determining acceptable fuel performance. The
underlying purpose of this regulation, however, is to ensure that
analyses of fuel response to LOCAs are conservatively calculated. In
its evaluation of the approved topical reports, the NRC staff
previously found that metal-water reaction tests performed by
Westinghouse on Optimized ZIRLOTM (see Appendix B of WCAP-
12610-P-A and CENPD-404-P-A, Addendum 1-A) demonstrate conservative
reaction rates relative to the Baker-Just equation, and that the Baker-
Just equation conservatively bounds post-LOCA scenarios of, and
applicable to, Optimized ZIRLOTM fuel rod cladding. Thus,
the NRC staff determined that the strict application of Appendix K,
Paragraph I.A.5 (which would preclude its applicability to, and the use
of, Optimized ZIRLOTM) is not necessary to achieve the
underlying purpose of the rule in these circumstances. Since these
evaluations demonstrate that the underlying purpose of the rule will be
met, there will be no undue risk to the public health and safety.
D. Consistent With the Common Defense and Security
The licensee's exemption request is to allow the application of an
improved fuel rod cladding material to the regulations in 10 CFR 50.46
and paragraph I.A.5 of Appendix K to 10 CFR 50. In its letter dated
June 4, 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. This change to reactor core
internals is adequately controlled by NRC requirements and is not
related to security issues. Therefore, the NRC staff determined that
this exemption does not impact, and thus is consistent with, the 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 issuance 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
[[Page 28975]]
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)(i)-
(iii).
Requirements in 10 CFR 51.22(c)(9)(i)
The NRC staff evaluated whether the exemption involves no
significant hazards consideration using the standards described in 10
CFR 50.92(c), as presented below:
1. Does the proposed exemption involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
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 and CENPD-404-P-A, Addendum 1-A ``Optimized
ZIRLO\TM\,' '' prepared by Westinghouse, 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 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?
Response: No.
The use of Optimized ZIRLO\TM\ fuel rod cladding material will not
result in changes in the operation or configuration of the facility.
Topical Reports WCAP-12610-P-A and CENPD-404-P-A demonstrated that the
material properties of Optimized ZIRLO\TM\ are similar to those of
standard ZIRLO[supreg]. Therefore, Optimized ZIRLO\TM\ fuel rod
cladding material will perform similarly to those fabricated from
standard ZIRLO[supreg], 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?
Response: No.
The proposed exemption will not involve a significant reduction in
the 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[supreg]. Optimized ZIRLO\TM\ is expected
to perform similarly to standard ZIRLO[supreg] 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[supreg] 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 evaluation of the standards set forth in 10 CFR
50.92(c), the NRC staff concludes that the proposed exemption involves
no significant hazards consideration. Accordingly, the requirements of
10 CFR 51.22(c)(9)(i) are met.
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 material properties and performance
characteristics as the currently licensed ZIRLO[supreg] cladding. Thus,
the use of 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 requirements of 10 CFR 51.22(c)(9)(ii)
are met.
Requirements in 10 CFR 51.22(c)(9)(iii)
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 material properties and performance
characteristics as the currently licensed ZIRLO[supreg] cladding. Thus,
the use of Optimized ZIRLO\TM\ fuel rod cladding material will not
significantly increase individual occupational radiation exposure, or
significantly increase cumulative occupational radiation exposure.
Therefore, the requirements of 10 CFR 51.22(c)(9)(iii) are met.
Conclusion
Based on the above, the NRC staff concludes that the proposed
exemption meets the eligibility criteria for the categorical exclusion
set forth in 10 CFR 51.22(c)(9). 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 proposed issuance of this
exemption.
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 pursuant to 10 CFR
50.12(a)(2)(ii) are present. Therefore, the Commission hereby grants
NextEra an exemption from the requirements of 10 CFR 50.46 and Appendix
K to 10 CFR Part 50, to allow the application of those criteria to, and
the use of, Optimized ZIRLO\TM\ fuel rod cladding material at the Point
Beach Nuclear Plant, Units 1 and 2.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 9th day of May 2014.
For The Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2014-11615 Filed 5-19-14; 8:45 am]
BILLING CODE 7590-01-P