Virginia Electric Power Company; Surry Power Station, Unit Nos. 1 and 2; Use of AREVA's M5® Alloy Fuel Rod Cladding Material, 51218-51220 [2016-18375]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES 51218 Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices otherwise be inconsistent with the issue finality provisions in 10 CFR part 52. The NRC’s position is based upon the following considerations: 1. The SRP positions do not constitute backfitting, inasmuch as the SRP is internal guidance directed at the NRC staff with respect to their regulatory responsibilities. The SRP provides guidance to the NRC staff on how to review an application for the NRC’s regulatory approval in the form of licensing. Changes in internal NRC staff guidance are not matters for which either nuclear power plant applicants or licensees are protected under either the Backfit Rule or the issue finality provisions of 10 CFR part 52. 2. The NRC staff has no intention to impose the SRP positions on current licensees and regulatory approvals either now or in the future. The NRC staff does not intend to impose or apply the positions described in the SRP to existing (already issued) licenses and regulatory approvals. Therefore, the issuance of a final SRP— even if considered guidance that is within the purview of the issue finality provisions in 10 CFR part 52—need not be evaluated as if it were a backfit or as being inconsistent with issue finality provisions. If, in the future, the NRC staff seeks to impose a position in the SRP on holders of already issued licenses in a manner which does not provide issue finality as described in the applicable issue finality provision, then the NRC staff must make the showing as set forth in the Backfit Rule or address the criteria for avoiding issue finality as described in the applicable issue finality provision. 3. Backfitting and issue finality do not—with limited exceptions not applicable here—protect current or future applicants. Applicants and potential applicants are not, with certain exceptions, protected by either the Backfit Rule or any issue finality provisions under 10 CFR part 52. This is because neither the Backfit Rule nor the issue finality provisions under 10 CFR part 52—with certain exclusions discussed in the next paragraph—were intended to apply to every NRC action which substantially changes the expectations of current and future applicants. The exceptions to the general principle are applicable whenever an applicant references a 10 CFR part 52 license (e.g., an early site permit) and/ or NRC regulatory approval (e.g., a design certification rule) with specified issue finality provisions. The NRC staff does not, at this time, intend to impose the positions represented in the SRP in VerDate Sep<11>2014 18:21 Aug 02, 2016 Jkt 238001 a manner that is inconsistent with any issue finality provisions. If, in the future, the NRC staff seeks to impose a position in the SRP in a manner which does not provide issue finality as described in the applicable issue finality provision, then the NRC staff must address the criteria for avoiding issue finality as described in the applicable issue finality provision. III. Congressional Review Act This SRP section revision is a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. Dated at Rockville, Maryland, this 29th day of July 2016. For the Nuclear Regulatory Commission. Joseph Colaccino, Chief, New Reactor Rulemaking and Guidance Branch, Division of Engineering, Infrastructure, and Advanced Reactors, Office of New Reactors. [FR Doc. 2016–18390 Filed 8–2–16; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–280 and 50–281 NRC– 2016–0105] Virginia Electric Power Company; Surry Power Station, Unit Nos. 1 and 2; Use of AREVA’s M5® Alloy Fuel Rod Cladding Material Nuclear Regulatory Commission. ACTION: Exemption; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a September 30, 2016, request from Virginia Electric Power Company (Dominion or the licensee) in order to use AREVA’s M5® alloy fuel rod cladding material at Surry Power Station, Unit Nos. 1 and 2 (SPS). DATES: The exemption was issued on July 27, 2016. ADDRESSES: Please refer to Docket ID NRC–2016–0105 when contacting the NRC about the availability of information regarding this document. You may obtain 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–2016–0105. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For SUMMARY: PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 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 obtain publiclyavailable documents online in the ADAMS Public Documents collection 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: Karen R. Cotton, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 1438, email: Karen.Cotton@nrc.gov. SUPPLEMENTARY INFORMATION: I. Background Dominion is the holder of Facility Operating License Nos. DPR–32 and DPR–37, which authorize operation of SPS. The licenses provide, 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 (PWR) located in Surry County, Virginia. II. Request/Action Pursuant to § 50.12 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Specific exemptions,’’ the licensee has requested, by letter dated September 30, 2015 (ADAMS Accession No. ML15282A036), 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 rods clad with AREVA’s M5® alloy. The regulations in 10 CFR 50.46 require that the calculated cooling performance following postulated loss-of-coolant accidents (LOCAs) at reactors fueled with zircaloy or ZIRLOTM cladding conforms to the criteria set forth in 10 CFR 50.46(b). In addition, 10 CFR part E:\FR\FM\03AUN1.SGM 03AUN1 Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices 50, appendix K, requires, in part, 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 ZIRLOTM materials that have different chemical compositions from AREVA’s M5® alloy. As written, these regulations presume only the use of zircaloy or ZIRLOTM fuel rod cladding and do not contain provisions for use of fuel rods with other cladding materials. Therefore, an exemption from the requirements of 10 CFR 50.46 and 10 CFR part 50, appendix K, is needed to support the use of a different fuel cladding material. Accordingly, the licensee requested an exemption that would allow the use of fuel rods clad with AREVA’s M5® alloy to be loaded into the SPS reactor cores as nonlimiting lead test assemblies (LTAs) in up to eight locations. asabaliauskas on DSK3SPTVN1PROD with NOTICES 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 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. However, 10 CFR 50.12(a)(2) states that the Commission will not consider granting an exemption unless special circumstances are present as set forth in 10 CFR 50.12(a)(2). Under 10 CFR 50.12(a)(2)(ii), special circumstances are present when application of the regulation in the particular circumstances 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 10 CFR part 50, appendix K, is to establish acceptance criteria for ECCS performance to provide reasonable assurance of safety in the event of a LOCA. The special circumstance that necessitates the request for exemption to 10 CFR 50.46 and 10 CFR 50, appendix K, is that neither of these regulations explicitly allows the use of AREVA’s M5® alloy fuel rod cladding material. The ultimate objective of 10 CFR 50.46 is to ensure that nuclear power reactors fueled with uranium oxide pellets within zircaloy or ZIRLOTM cladding VerDate Sep<11>2014 18:21 Aug 02, 2016 Jkt 238001 must be provided with an ECCS that is designed to provide core cooling following a postulated LOCA. AREVA NP, in its NRC-approved Topical Report BAW–10227–A, ‘‘Evaluation of Advanced Cladding and Structural Material (M5) in PWR Reactor Fuel,’’ February 2000 (ADAMS Accession No. ML003686365), has demonstrated that the effectiveness of the ECCS will not be affected by a change from zircaloy or ZIRLOTM clad fuel to fuel rods clad with AREVA’s M5® alloy. Normal reload safety analyses will confirm that there is no adverse impact on ECCS performance. The objective of 10 CFR 50.46(b)(2) and (b)(3), and 10 CFR part 50, appendix K I.A.5, 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. AREVA NP has shown in an appendix of Topical Report BAW– 10227–A that the Baker-Just model is conservative in all post-LOCA scenarios with respect to the use of AREVA’s M5® alloy fuel rod cladding material. Based on the regulatory review of the exemption request, the NRC staff concludes that the intent of 10 CFR 50.46 and 10 CFR part 50, appendix K, will continue to be satisfied for the planned operation of SPS with AREVA’s M5® alloy fuel rod cladding material used for non-limiting LTAs and the special circumstance required by 10 CFR 50.12(a)(2)(ii) for granting of an exemption exists. B. Authorized by Law This exemption would allow the use of fuel rods clad with AREVA’s M5® alloy in up to eight fuel assemblies at SPS. The regulations in 10 CFR 50.12 allow the NRC to grant exemptions from the requirements of 10 CFR part 50 provided that the exemptions are authorized by law. The NRC staff determined that special circumstances exist to grant the proposed exemption and that granting the exemption would not result in a violation of the Atomic Energy Act of 1954, as amended. Therefore, the exemption is authorized by law. C. No Undue Risk to Public Health and Safety The provisions of 10 CFR 50.46 establish acceptance criteria for ECCS performance. Topical Report BAW– 10227–A contains the justification to PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 51219 use AREVA’s M5® alloy fuel rod cladding material, a proprietary variant of Zr1Nb, to replace Zircaloy-4 in the construction of fuel assembly components such as fuel rod cladding, guide tubes, and spacer grids. This justification is required to support the request by Dominion for an exemption to 10 CFR 50.46 to permit the use of AREVA’s M5® alloy fuel rod cladding material, in addition to Zircaloy-4 and ZIRLOTM. AREVA’s M5® alloy is an AREVA NP proprietary material composed of 1.0 percent niobium, 0.125 percent oxygen, and the balance zirconium. AREVA’s M5® alloy fuel rod cladding provides improved performance in fuel cladding corrosion and hydrogen pickup. An AREVA NP LOCA evaluation showed compliance with 10 CFR 50.46. Topical Report BAW–10227–A has addressed all of the important aspects of AREVA’s M5® alloy fuel rod cladding material with respect to ECCS performance requirements, as follows: • Since the material properties of AREVA’s M5® alloy are similar to those of zirconium-based materials, the NRC staff found it appropriately conservative to apply the criteria in 10 CFR 50.46 and 10 CFR part 50, appendix K. • Material properties of AREVA’s M5® alloy, including cladding thermal conductivity, cladding creep, clad swelling, rupture deformation, and temperature, were found to be very similar to those of Zircaloy-4. • The retention of the Baker-Just equation for the calculation of metalwater reaction rate specified in 10 CFR part 50, appendix K, is justified to be suitably conservative. Based on the NRC staff’s evaluation of the exemption request, the staff concludes that the intent of 10 CFR 50.46 and 10 CFR part 50, appendix K, will continue to be satisfied for the planned operation of SPS, with AREVA’s M5® alloy fuel rod cladding material used in up to eight nonlimiting LTAs. The probability of postulated accidents is not increased. Also, based on the NRC staff’s evaluation of the exemption request, the consequences of postulated accidents are not increased. Therefore, there is no undue risk to public health and safety due to using M5® alloy fuel cladding and fuel assembly material in up to eight non-limiting LTAs. D. Consistent With the Common Defense and Security The proposed exemption would allow the use of AREVA’s M5® alloy fuel rod cladding material at SPS. This change to the plant configuration is adequately controlled by technical specification E:\FR\FM\03AUN1.SGM 03AUN1 51220 Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices requirements and is not related to security issues. Because the common defense and security is not impacted by this exemption, the exemption is consistent with the common defense and security. www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. IV. Conclusions Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12(a), the exemption is authorized by law, will not present an undue risk to the public health and safety, is consistent with the common defense and security, and that special circumstances are present to warrant issuance of the exemption. Therefore, the Commission hereby grants SPS an exemption from the requirements of 10 CFR 50.46 and 10 CFR part 50, appendix K, paragraph I.A.5, to allow the use of AREVA’s M5® alloy fuel rod cladding material in up to eight nonlimiting LTAs at SPS. Pursuant to 10 CFR 51.32, an environmental assessment and finding of no significant impact related to this exemption was published in the Federal Register on May 31, 2016 (81 FR 34382). Based upon the environmental assessment, the Commission has determined that issuance of this exemption will not have a significant effect on the quality of the human environment. This exemption is effective upon issuance. FOR FURTHER INFORMATION CONTACT: Dated at Rockville, Maryland, this 27th day of July 2016. For the Nuclear Regulatory Commission. Anne T. Boland, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2016–18375 Filed 8–2–16; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket No. MC2016–172; Order No. 3451] New Postal Product Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recent Postal Service filing concerning minor classification changes to the Country Price Lists for International Mail. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: August 4, 2016. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at https:// asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:21 Aug 02, 2016 Jkt 238001 David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents On July 27, 2016, the Postal Service filed a notice of a minor classification change regarding the Country Price Lists for International Mail in Part D of the Mail Classification Schedule (MCS), under Commission rules 39 CFR 3020.90 and 3020.91.1 The Postal Service also presents proposed changes to the MCS. Notice at 2; Attachment 1. The Postal Service states that the proposed changes are minor in nature and are not inconsistent with 39 U.S.C. 3642. Notice at 3. MCS change. The Postal Service plans to provide outbound Priority Mail Express International (PMEI) service to Cuba. Id. at 1. Accordingly, the Postal Service seeks to assign Country Group 9 to Cuba for variable weight PMEI and Country Group 8 to Cuba for PMEI Flat Rate Envelope. Id. at 2. II. Notice of Commission Action Pursuant to 39 CFR 3020.92, the Commission has posted the Notice on its Web site and invites comments on whether the Postal Service’s filings in Docket No. MC2016–172 are consistent with the policies of 39 U.S.C. 3642 and 39 CFR 3020 subpart E. Comments are due no later than August 4, 2016. The public portions of these filings can be accessed via the Commission’s Web site (https://www.prc.gov). The Commission appoints Katrina R. Martinez to represent the interests of the general public (Public Representative) in this docket. III. Ordering Paragraphs IT IS ORDERED: 1. The Commission establishes Docket No. MC2016–172 to consider matters raised by the Notice. 2. Pursuant to 39 U.S.C. 505, Katrina R. Martinez is appointed to serve as an officer of the Commission (Public Representative) to represent the 1 Notice of United States Postal Service of Minor Classification Change, July 27, 2016 (Notice). Fmt 4703 [FR Doc. 2016–18310 Filed 8–2–16; 8:45 am] SECURITIES AND EXCHANGE COMMISSION I. Introduction Frm 00047 By the Commission. Stacy L. Ruble, Secretary. BILLING CODE 7710–FW–P I. Introduction II. Notice of Commission Action III. Ordering Paragraphs PO 00000 interests of the general public in this proceeding. 3. Comments by interested persons are due by August 4, 2016. 4. The Secretary shall arrange for publication of this order in the Federal Register. Sfmt 4703 [Release No. 34–78438; File No. SR–OCC– 2016–002] Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing of Proposed Rule Change Concerning Enhancements to The Options Clearing Corporation’s Governance Arrangements July 28, 2016. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that on July 15, 2016, The Options Clearing Corporation (‘‘OCC’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I, II and III below, which Items have been prepared by OCC. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Clearing Agency’s Statement of the Terms of Substance of the Proposed Rule Change This proposed rule change by The Options Clearing Corporation (‘‘OCC’’) concerns modifications and enhancements to OCC’s governance arrangements. OCC is proposing to amend its Certificate of Incorporation, By-Laws, and Board of Directors (‘‘Board’’) Charter to require that only one Management Director serve on OCC’s Board (as opposed to the current requirement of two Management Directors). Moreover, OCC is proposing to amend its By-Laws and Rules to delete all references to the title and responsibilities of the Management Vice Chairman. In addition, OCC is proposing to amend its By-Laws to: (i) Provide that the Compensation and Performance Committee (‘‘CPC’’) 3 and 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 As described below, the Performance Committee would be renamed as the Compensation and Performance Committee. 2 17 E:\FR\FM\03AUN1.SGM 03AUN1

Agencies

[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Notices]
[Pages 51218-51220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18375]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-280 and 50-281 NRC-2016-0105]


Virginia Electric Power Company; Surry Power Station, Unit Nos. 1 
and 2; Use of AREVA's M5[supreg] Alloy Fuel Rod Cladding Material

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to a September 30, 2016, request from Virginia 
Electric Power Company (Dominion or the licensee) in order to use 
AREVA's M5[supreg] alloy fuel rod cladding material at Surry Power 
Station, Unit Nos. 1 and 2 (SPS).

DATES: The exemption was issued on July 27, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0105 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain 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-2016-0105. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 obtain publicly-available documents online in the 
ADAMS Public Documents collection 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: Karen R. Cotton, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1438, email: Karen.Cotton@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Dominion is the holder of Facility Operating License Nos. DPR-32 
and DPR-37, which authorize operation of SPS. The licenses provide, 
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 (PWR) 
located in Surry County, Virginia.

II. Request/Action

    Pursuant to Sec.  50.12 of title 10 of the Code of Federal 
Regulations (10 CFR), ``Specific exemptions,'' the licensee has 
requested, by letter dated September 30, 2015 (ADAMS Accession No. 
ML15282A036), 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 rods clad with AREVA's M5[supreg] alloy. The 
regulations in 10 CFR 50.46 require that the calculated cooling 
performance following postulated loss-of-coolant accidents (LOCAs) at 
reactors fueled with zircaloy or ZIRLOTM cladding conforms 
to the criteria set forth in 10 CFR 50.46(b). In addition, 10 CFR part

[[Page 51219]]

50, appendix K, requires, in part, 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 ZIRLOTM materials 
that have different chemical compositions from AREVA's M5[supreg] 
alloy. As written, these regulations presume only the use of zircaloy 
or ZIRLOTM fuel rod cladding and do not contain provisions 
for use of fuel rods with other cladding materials. Therefore, an 
exemption from the requirements of 10 CFR 50.46 and 10 CFR part 50, 
appendix K, is needed to support the use of a different fuel cladding 
material. Accordingly, the licensee requested an exemption that would 
allow the use of fuel rods clad with AREVA's M5[supreg] alloy to be 
loaded into the SPS reactor cores as non-limiting lead test assemblies 
(LTAs) in up to eight locations.

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 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. However, 10 CFR 
50.12(a)(2) states that the Commission will not consider granting an 
exemption unless special circumstances are present as set forth in 10 
CFR 50.12(a)(2). Under 10 CFR 50.12(a)(2)(ii), special circumstances 
are present when application of the regulation in the particular 
circumstances 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 10 CFR part 50, 
appendix K, is to establish acceptance criteria for ECCS performance to 
provide reasonable assurance of safety in the event of a LOCA. The 
special circumstance that necessitates the request for exemption to 10 
CFR 50.46 and 10 CFR 50, appendix K, is that neither of these 
regulations explicitly allows the use of AREVA's M5[supreg] alloy fuel 
rod cladding material. The ultimate objective of 10 CFR 50.46 is to 
ensure that nuclear power reactors fueled with uranium oxide pellets 
within zircaloy or ZIRLOTM cladding must be provided with an 
ECCS that is designed to provide core cooling following a postulated 
LOCA. AREVA NP, in its NRC-approved Topical Report BAW-10227-A, 
``Evaluation of Advanced Cladding and Structural Material (M5) in PWR 
Reactor Fuel,'' February 2000 (ADAMS Accession No. ML003686365), has 
demonstrated that the effectiveness of the ECCS will not be affected by 
a change from zircaloy or ZIRLOTM clad fuel to fuel rods 
clad with AREVA's M5[supreg] alloy. Normal reload safety analyses will 
confirm that there is no adverse impact on ECCS performance.
    The objective of 10 CFR 50.46(b)(2) and (b)(3), and 10 CFR part 50, 
appendix K I.A.5, 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. AREVA NP has shown in an appendix of Topical 
Report BAW-10227-A that the Baker-Just model is conservative in all 
post-LOCA scenarios with respect to the use of AREVA's M5[supreg] alloy 
fuel rod cladding material.
    Based on the regulatory review of the exemption request, the NRC 
staff concludes that the intent of 10 CFR 50.46 and 10 CFR part 50, 
appendix K, will continue to be satisfied for the planned operation of 
SPS with AREVA's M5[supreg] alloy fuel rod cladding material used for 
non-limiting LTAs and the special circumstance required by 10 CFR 
50.12(a)(2)(ii) for granting of an exemption exists.

B. Authorized by Law

    This exemption would allow the use of fuel rods clad with AREVA's 
M5[supreg] alloy in up to eight fuel assemblies at SPS. The regulations 
in 10 CFR 50.12 allow the NRC to grant exemptions from the requirements 
of 10 CFR part 50 provided that the exemptions are authorized by law. 
The NRC staff determined that special circumstances exist to grant the 
proposed exemption and that granting the exemption would not result in 
a violation of the Atomic Energy Act of 1954, as amended. Therefore, 
the exemption is authorized by law.

C. No Undue Risk to Public Health and Safety

    The provisions of 10 CFR 50.46 establish acceptance criteria for 
ECCS performance. Topical Report BAW-10227-A contains the justification 
to use AREVA's M5[supreg] alloy fuel rod cladding material, a 
proprietary variant of Zr1Nb, to replace Zircaloy-4 in the construction 
of fuel assembly components such as fuel rod cladding, guide tubes, and 
spacer grids. This justification is required to support the request by 
Dominion for an exemption to 10 CFR 50.46 to permit the use of AREVA's 
M5[supreg] alloy fuel rod cladding material, in addition to Zircaloy-4 
and ZIRLOTM. AREVA's M5[supreg] alloy is an AREVA NP 
proprietary material composed of 1.0 percent niobium, 0.125 percent 
oxygen, and the balance zirconium. AREVA's M5[supreg] alloy fuel rod 
cladding provides improved performance in fuel cladding corrosion and 
hydrogen pickup.
    An AREVA NP LOCA evaluation showed compliance with 10 CFR 50.46. 
Topical Report BAW-10227-A has addressed all of the important aspects 
of AREVA's M5[supreg] alloy fuel rod cladding material with respect to 
ECCS performance requirements, as follows:
     Since the material properties of AREVA's M5[supreg] alloy 
are similar to those of zirconium-based materials, the NRC staff found 
it appropriately conservative to apply the criteria in 10 CFR 50.46 and 
10 CFR part 50, appendix K.
     Material properties of AREVA's M5[supreg] alloy, including 
cladding thermal conductivity, cladding creep, clad swelling, rupture 
deformation, and temperature, were found to be very similar to those of 
Zircaloy-4.
     The retention of the Baker-Just equation for the 
calculation of metal-water reaction rate specified in 10 CFR part 50, 
appendix K, is justified to be suitably conservative.
    Based on the NRC staff's evaluation of the exemption request, the 
staff concludes that the intent of 10 CFR 50.46 and 10 CFR part 50, 
appendix K, will continue to be satisfied for the planned operation of 
SPS, with AREVA's M5[supreg] alloy fuel rod cladding material used in 
up to eight non-limiting LTAs. The probability of postulated accidents 
is not increased. Also, based on the NRC staff's evaluation of the 
exemption request, the consequences of postulated accidents are not 
increased. Therefore, there is no undue risk to public health and 
safety due to using M5[supreg] alloy fuel cladding and fuel assembly 
material in up to eight non-limiting LTAs.

D. Consistent With the Common Defense and Security

    The proposed exemption would allow the use of AREVA's M5[supreg] 
alloy fuel rod cladding material at SPS. This change to the plant 
configuration is adequately controlled by technical specification

[[Page 51220]]

requirements and is not related to security issues. Because the common 
defense and security is not impacted by this exemption, the exemption 
is consistent with the common defense and security.

IV. Conclusions

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12(a), the exemption is authorized by law, will not present an undue 
risk to the public health and safety, is consistent with the common 
defense and security, and that special circumstances are present to 
warrant issuance of the exemption. Therefore, the Commission hereby 
grants SPS an exemption from the requirements of 10 CFR 50.46 and 10 
CFR part 50, appendix K, paragraph I.A.5, to allow the use of AREVA's 
M5[supreg] alloy fuel rod cladding material in up to eight non-limiting 
LTAs at SPS.
    Pursuant to 10 CFR 51.32, an environmental assessment and finding 
of no significant impact related to this exemption was published in the 
Federal Register on May 31, 2016 (81 FR 34382). Based upon the 
environmental assessment, the Commission has determined that issuance 
of this exemption will not have a significant effect on the quality of 
the human environment.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 27th day of July 2016.

    For the Nuclear Regulatory Commission.
Anne T. Boland,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2016-18375 Filed 8-2-16; 8:45 am]
 BILLING CODE 7590-01-P
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