Southern Nuclear Operating Company; Vogtle Electric Generating Plant, Unit 2, 52220-52222 [2023-16756]

Download as PDF 52220 Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 enrichment limit of 5.0 wt% U–235 could be addressed in the future. In the safety evaluation (SE) contained in ML23093A028 for the license amendment request, the NRC staff evaluated for Vogtle, Units 1 and 2, four LTAs that demonstrated the acceptability of the nominal U–235 enrichment of up to six percent by weight of four fuel rods per LTA. The results showed that the LTAs would not adversely affect subcriticality in the spent fuel pool or new fuel storage racks. Therefore, the NRC staff concludes that application of 10 CFR 50.68(b)(7) in this particular circumstance is not necessary for the licensee to achieve the underlying purpose of the rule. E. Environmental Considerations With respect to its impact on the quality of the human environment, the NRC has determined that the issuance of the exemption discussed herein meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). The NRC staff’s determination that all of the criteria for this categorical exclusion are met is as follows: The regulation 10 CFR 51.22(c)(9) states: Issuance of an amendment to a permit or license for a reactor under part 50 or part 52 of this chapter that changes a requirement or issuance of an exemption from a requirement, with respect to installation or use of a facility component located within the restricted area, as defined in part 20 of this chapter; or the issuance of an amendment to a permit or license for a reactor under part 50 or part 52 of this chapter that changes an inspection or a surveillance requirement; provided that: (i) The amendment or exemption involves no significant hazards consideration; (ii) There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; and (iii) There is no significant increase in individual or cumulative occupational radiation exposure. Staff Analysis: The exemption is from requirements with respect to the installation or use of facility components located within the restricted area as defined in 10 CFR part 20. The criteria for determining whether an action involves a significant hazards consideration are found in 10 CFR 50.92. The proposed action involves installed four LTAs. As stated in the evaluation in ML23093A028, the Commission has previously issued a proposed finding that the amendments involve no significant hazards consideration, published in the Federal Register on November 8, 2022 (87 FR 67508), and there has been no public comment on such finding. The proposed action involves installing four LTAs, and as the NRC staff evaluated under the SE contained in ML23093A028, this action does not involve any significant change in the types or significant increase in the amounts of any effluents that may be released offsite. The proposed action involves installing four LTAs, and as the NRC staff evaluated under the SE contained in ML23093A028, this action does not involve any significant increase in individual or cumulative occupational exposure. VerDate Sep<11>2014 18:58 Aug 04, 2023 Jkt 259001 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 issuance of this exemption. IV. Conclusions Accordingly, the NRC 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 NRC hereby grants SNC an exemption from the requirements of 10 CFR 50.68(b)(7) to allow the use of LTAs 7ST1, 7ST2, 7ST3, and 7ST4 each with four fuel rods with a nominal U–235 enrichment of up to six percent by weight, for up to two cycles of operation at Vogtle, Unit 2, and allow receipt, inspection, and storage of the LTAs at Vogtle, Units 1 and 2. Dated at Rockville, Maryland, this 1st day of August, 2023. For the Nuclear Regulatory Commission. /RA/ Bo M. Pham, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2023–16753 Filed 8–4–23; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–425; NRC–2023–0091] Southern Nuclear Operating Company; Vogtle Electric Generating Plant, Unit 2 Nuclear Regulatory Commission. ACTION: Exemption; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) has issued an exemption in response to a request dated June 30, 2022, as supplemented by letters dated September 13, 2022, and January 20, and May 5, 2023, from Southern Nuclear Operating Company to allow the use of AXIOM fuel rod cladding material in lead test assemblies 7ST1, 7ST2, 7ST3, and 7ST4, for up to two cycles of operation at Vogtle Electric Generating Plant, Unit 2. DATES: The exemption was issued on August 1, 2023. ADDRESSES: Please refer to Docket ID NRC–2023–0091 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: SUMMARY: PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2023–0091. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301–415–0624; email: Stacy.Schumann@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 ‘‘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, at 301–415–4737, or by email to PDR.Resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. • NRC’s PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: John G. Lamb, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–3100; email: John.Lamb@nrc.gov. SUPPLEMENTARY INFORMATION: The text of the exemption is attached. Dated: August 2, 2023. For the Nuclear Regulatory Commission. John G. Lamb, Senior Project Manager, Plant Licensing Branch 2–1, Division of Operator Reactor Licensing, Office of Nuclear Reactor Regulation. Attachment—Exemption From 10 CFR 50.46 for Vogtle, Unit 2, To Allow the Use of AXIOM Fuel Rod Cladding Material in Lead Test Assemblies Nuclear Regulatory Commission Docket No. 50–425 Southern Nuclear Operating Company Vogtle Electric Generating Plant, Unit 2 Exemption I. Background Southern Nuclear Operating Company (SNC, the licensee) is the holder of Facility Operating License No. NPF–81, for the Vogtle E:\FR\FM\07AUN1.SGM 07AUN1 Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices Electric Generating Plant (Vogtle), Unit 2. The license provides, among other things, that the license is subject to all rules, regulations, and orders of the Commission now or hereafter in effect. The Vogtle, Unit 2, consists of a pressurized-water reactor located at the licensee’s site in Burke County, Georgia. II. Request/Action By letter dated June 30, 2022 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML22181B156), as supplemented by letters dated September 13, 2022 (ML22256A198), January 20, 2023 (ML23020A148), and May 5, 2023 (ML23125A269), SNC requested an exemption to title 10 of the Code of Federal Regulations (10 CFR), part 50, section 50.46, ‘‘Acceptance criteria for emergency core cooling systems for light-water nuclear power reactors,’’ for Vogtle, Unit 2. Specifically, SNC requested an exemption from 10 CFR 50.46 to allow the use of AXIOM fuel rod cladding material in lead test assemblies (LTAs) 7ST1, 7ST2, 7ST3, and 7ST4 for up to two cycles of operation at Vogtle, Unit 2. The regulation at 10 CFR 50.46(a)(1)(i) 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 emergency core cooling system (ECCS) that must be designed so that its calculated cooling performance following postulated loss-of-coolant accidents conforms to the criteria set forth in paragraph (b) of this section.’’ The regulations make no provisions for use of fuel rods clad in a material other than zircaloy or ZIRLO. ddrumheller on DSK120RN23PROD with NOTICES1 III. Discussion Pursuant to 10 CFR 50.12, the NRC may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR part 50, including 10 CFR 50.46, when: (1) the exemptions are authorized by law, will not present an undue risk to the public health or safety, and are consistent with the common defense and security; and (2) when special circumstances are present. Under 10 CFR 50.12(a)(2), special circumstances include, among other things, when application of the specific regulation in the particular circumstances would not serve, or is not necessary to achieve, the underlying purpose of the rule. A. The Exemption Is Authorized by Law In accordance with 10 CFR 50.12, the NRC may grant an exemption from the requirements of 10 CFR part 50 if the exemption is authorized by law. The exemption requested in this instance is authorized by law, because no other prohibition of law exists to preclude the activities which would be authorized by the exemption. This exemption would allow the licensee to insert four LTAs containing AXIOM fuel rod cladding that is neither Zircaloy nor ZIRLO, which are the cladding materials contemplated by 10 CFR 50.46(a)(1)(i). Selection of a specific cladding material in 10 CFR 50.46 was at the discretion of the VerDate Sep<11>2014 18:58 Aug 04, 2023 Jkt 259001 Commission consistent with its statutory authority. No statute required the NRC to adopt this specification. As stated above, 10 CFR 50.12 allows the Commission to grant exemptions from the requirements of 10 CFR part 50. The NRC staff has determined that granting of an exemption from 10 CFR 50.46 related to AXIOM fuel rod cladding, which is neither Zircaloy nor ZIRLO, 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. B. The Exemption Presents No Undue Risk to Public Health and Safety SNC stated the following in its letter dated June 30, 2022: The Vogtle reactors each contain 193 fuel assemblies. Each assembly consists of a matrix of 264 Zircaloy, ZIRLO®[TM], or Optimized ZIRLO®[TM] clad fuel rods with an initial composition of natural or slightly enriched uranium dioxide (UO2) as fuel material, not to exceed 5 wt% [weightpercent] enrichment. The proposed change is to load four LTAs with advanced ATF [accident-tolerant fuel] features, including ADOPT fuel [2], AXIOM cladding [3], chromium coating, and four rods per LTA with up to 6 wt% enrichment, in limiting core locations for up to two cycles of operation. This exemption will not present an undue risk to public health and safety. Reload evaluations ensure that acceptance criteria are met for the insertion of LTAs with fuel rods clad with AXIOM material. Due to similarities in the composition of the AXIOM alloy and the Optimized ZIRLO and standard ZIRLO alloys, fuel assemblies using AXIOM fuel rod cladding are evaluated using plantspecific models to address the changes in the cladding material properties. The LOCA [loss-of-coolant accident] safety analyses for VEGP [Vogtle Electric Generating Plant] are supported by the applicable site-specific Technical Specifications (TS). Reload cores are required to be operated in accordance with the operating limits specified in the TS. Thus, the granting of this exemption request will not pose an undue risk to public health and safety.1 Based upon the limited number of AXIOM clad fuel rods, the safeguards in place which would detect anomalous behavior, the use of NRC-approved models to ensure that all design criteria remain satisfied, and the requirement to operate the Vogtle, Unit 2, core within TS limits, the NRC staff finds the four LTAs acceptable for Vogtle, Unit 2. In conclusion, the NRC staff finds that the requested exemption does not result in any undue risk to the public health and safety, because NRC staff concluded that the existing LOCA evaluation models analysis of records for Vogtle are representative of the LTAs, and the presence of the LTAs will have a negligible impact on the co-resident fuel, and 10 CFR 50.46 acceptance criteria continue to 1 Although this quoted material states that the LTAs would be placed in limiting core locations, SNC’s May 5, 2023, supplement, states that the LTAs will not be placed in core regions that have been shown to be limiting with respect to the control rod ejection analysis. PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 52221 be met. Further information can be found in the NRC staff safety evaluation (ML23093A028). C. The Exemption Is Consistent With the Common Defense and Security. The proposed exemption would allow the use of four LTAs with a variant cladding material. This change to the plant core configuration has no impact on security issues. Special nuclear material in the LTAs will continue to be handled and controlled in accordance with applicable regulations. Therefore, the common defense and security is not impacted by this exemption. D. 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 would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule. The underlying purpose of 10 CFR 50.46 is to establish acceptance criteria for ECCS performance. In the safety evaluation (SE) contained in (ML23093A028) for the license amendment request, the NRC staff evaluated for Vogtle, Unit 2, four LTAs that demonstrated the acceptability of the AXIOM cladding under LOCA conditions. The unique features of the LTAs were evaluated for effects on the LOCA analyses. The results showed that the LTAs would not adversely affect ECCS performance. Therefore, the NRC staff concludes that application of the limitation to zircaloy and ZIRLO in 10 CFR 50.46 in this particular circumstance is not necessary for the licensee to achieve the underlying purpose of the rule. E. Environmental Considerations With respect to its impact on the quality of the human environment, the NRC has determined that the issuance of the exemption discussed herein meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). The NRC staff’s determination that all of the criteria for this categorical exclusion are met is as follows: The regulation 10 CFR 51.22(c)(9) states: Issuance of an amendment to a permit or license for a reactor under part 50 or part 52 of this chapter that changes a requirement or issuance of an exemption from a requirement, with respect to installation or use of a facility component located within the restricted area, as defined in part 20 of this chapter; or the issuance of an amendment to a permit or license for a reactor under part 50 or part 52 of this chapter that changes an inspection or a surveillance requirement; provided that: (i) The amendment or exemption involves no significant hazards consideration; (ii) There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; and (iii) There is no significant increase in individual or cumulative occupational radiation exposure. Staff Analysis: The exemption is from requirements with respect to the installation or use of facility components located within the restricted area as defined in 10 CFR part 20. The criteria for determining whether an E:\FR\FM\07AUN1.SGM 07AUN1 52222 Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices action involves a significant hazards consideration are found in 10 CFR 50.92. The proposed action involves installed four LTAs. As stated in the evaluation in ML23093A028, the Commission has previously issued a proposed finding that the amendments involve no significant hazards consideration, published in the Federal Register on November 8, 2022 (87 FR 67508), and there has been no public comment on such finding. The proposed action involves installing four LTAs, and as the NRC staff evaluated under the SE contained in ML23093A028, this action does not involve any significant change in the types or significant increase in the amounts of any effluents that may be released offsite. The proposed action involves installing four LTAs, and as the NRC staff evaluated under the SE contained in ML23093A028, this action does not involve any significant increase in individual or cumulative occupational exposure. 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 issuance of this exemption. IV. Conclusions Accordingly, the NRC 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 NRC hereby grants SNC an exemption from the requirements of 10 CFR 50.46 to allow the use of AXIOM fuel rod cladding material in LTAs, 7ST1, 7ST2, 7ST3, and 7ST4, for up to two cycles of operation at Vogtle, Unit 2. Dated at Rockville, Maryland, this 1st day of August, 2023. For the Nuclear Regulatory Commission. /RA/ Bo M. Pham, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2023–16756 Filed 8–4–23; 8:45 am] BILLING CODE 7590–01–P ddrumheller on DSK120RN23PROD with NOTICES1 OFFICE OF PERSONNEL MANAGEMENT Submission for Review: 3206–0226, It’s Time To Sign Up for Direct Deposit or Direct Express, RI 38–128 Office of Personnel Management. ACTION: 30-Day notice and request for comments. AGENCY: The Office of Personnel Management (OPM), Retirement SUMMARY: VerDate Sep<11>2014 18:58 Aug 04, 2023 Jkt 259001 Services, offers the general public and other Federal agencies the opportunity to comment on an expiring information collection request (ICR), RI 38–128—It’s Time to Sign Up for Direct Deposit or Direct Express, without change. DATES: Comments are encouraged and will be accepted until September 6, 2023. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to https://www.reginfo.gov/public/ do/PRAMain. Find this particular information collection by selecting ‘‘Currently under Review—Open for Public Comments’’ or by using the search function or fax to (202) 395– 6974. ADDRESSES: A copy of this ICR with applicable supporting documentation, may be obtained by contacting the Retirement Services Publications Team, Office of Personnel Management, 1900 E Street NW, Room 3316–L, Washington, DC 20415, Attention: Cyrus S. Benson, or sent via electronic mail to Cyrus.Benson@opm.gov or faxed to (202) 606–0910 or via telephone at (202) 936–0401. SUPPLEMENTARY INFORMATION: As required by the Paperwork Reduction Act of 1995 OPM is soliciting comments for this collection. The information collection (OMB No. 3206–0226) was previously published in the Federal Register on May 3, 2023, at 88 FR 27927, allowing for a 60-day public comment period. No comments were received for this collection. The purpose of this notice is to allow an additional 30 days for public comments. The Office of Management and Budget is particularly interested in comments that: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of functions of the agency, including whether the information will have practical utility; 2. Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; 3. Enhance the quality, utility, and clarity of the information to be collected; and 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 e.g., permitting electronic submissions of responses. RI 38–128, It’s Time to Sign Up for Direct Deposit or Direct Express, provides the opportunity for the annuitant to elect Direct Deposit or Direct Express. This election is required only once: when a person is first put on our annuity roll. If there is no evidence that the separating agency gave the person this election, OPM must provide RI 38–128. Analysis Agency: Retirement Operations, Retirement Services, Office of Personnel Management. Title: It’s Time to Sign Up for Direct Deposit or Direct Express. OMB Number: 3206–0226. Frequency: On occasion. Affected Public: Individuals or Households. Number of Respondents: 20,000. Estimated Time per Respondent: 30 minutes. Total Burden Hours: 10,000. Office of Personnel Management. Kayyonne Marston, Federal Register Liaison. [FR Doc. 2023–16801 Filed 8–4–23; 8:45 am] BILLING CODE 6325–38–P OFFICE OF PERSONNEL MANAGEMENT Agency Information Collection Activities; Proposals, Submissions, and Approvals: Questionnaire for National Security Positions Office of Personnel Management. ACTION: 30-Day notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, the Office of Personnel Management (OPM) requests clearance from the Office of Management and Budget (OMB) on the renewal of a previously approved information collection request (ICR), Questionnaire for National Security Positions, Standard Form 86 (SF 86), which is completed by civilian employees of the Federal Government, military personnel, and non-Federal employees who perform work for or on behalf of the Federal Government. DATES: Comments are encouraged and will be accepted until September 6, 2023. SUMMARY: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this ADDRESSES: E:\FR\FM\07AUN1.SGM 07AUN1

Agencies

[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Rules and Regulations]
[Pages 52220-52222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16756]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-425; NRC-2023-0091]


Southern Nuclear Operating Company; Vogtle Electric Generating 
Plant, Unit 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an 
exemption in response to a request dated June 30, 2022, as supplemented 
by letters dated September 13, 2022, and January 20, and May 5, 2023, 
from Southern Nuclear Operating Company to allow the use of AXIOM fuel 
rod cladding material in lead test assemblies 7ST1, 7ST2, 7ST3, and 
7ST4, for up to two cycles of operation at Vogtle Electric Generating 
Plant, Unit 2.

DATES: The exemption was issued on August 1, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0091 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0091. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. 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 ``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, at 301-415-4737, 
or by email to [email protected]. The ADAMS accession number for 
each document referenced (if it is available in ADAMS) is provided the 
first time that it is mentioned in this document.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: John G. Lamb, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3100; email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: August 2, 2023.

    For the Nuclear Regulatory Commission.
John G. Lamb,
Senior Project Manager, Plant Licensing Branch 2-1, Division of 
Operator Reactor Licensing, Office of Nuclear Reactor Regulation.

Attachment--Exemption From 10 CFR 50.46 for Vogtle, Unit 2, To Allow 
the Use of AXIOM Fuel Rod Cladding Material in Lead Test Assemblies

Nuclear Regulatory Commission

Docket No. 50-425

Southern Nuclear Operating Company

Vogtle Electric Generating Plant, Unit 2

Exemption

I. Background

    Southern Nuclear Operating Company (SNC, the licensee) is the 
holder of Facility Operating License No. NPF-81, for the Vogtle

[[Page 52221]]

Electric Generating Plant (Vogtle), Unit 2. The license provides, 
among other things, that the license is subject to all rules, 
regulations, and orders of the Commission now or hereafter in 
effect.
    The Vogtle, Unit 2, consists of a pressurized-water reactor 
located at the licensee's site in Burke County, Georgia.

II. Request/Action

    By letter dated June 30, 2022 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML22181B156), as 
supplemented by letters dated September 13, 2022 (ML22256A198), 
January 20, 2023 (ML23020A148), and May 5, 2023 (ML23125A269), SNC 
requested an exemption to title 10 of the Code of Federal 
Regulations (10 CFR), part 50, section 50.46, ``Acceptance criteria 
for emergency core cooling systems for light-water nuclear power 
reactors,'' for Vogtle, Unit 2.
    Specifically, SNC requested an exemption from 10 CFR 50.46 to 
allow the use of AXIOM fuel rod cladding material in lead test 
assemblies (LTAs) 7ST1, 7ST2, 7ST3, and 7ST4 for up to two cycles of 
operation at Vogtle, Unit 2.
    The regulation at 10 CFR 50.46(a)(1)(i) 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 emergency core cooling system (ECCS) that 
must be designed so that its calculated cooling performance 
following postulated loss-of-coolant accidents conforms to the 
criteria set forth in paragraph (b) of this section.'' The 
regulations make no provisions for use of fuel rods clad in a 
material other than zircaloy or ZIRLO.

III. Discussion

    Pursuant to 10 CFR 50.12, the NRC may, upon application by any 
interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 50, including 10 CFR 50.46, when: 
(1) the exemptions are authorized by law, will not present an undue 
risk to the public health or safety, and are consistent with the 
common defense and security; and (2) when special circumstances are 
present. Under 10 CFR 50.12(a)(2), special circumstances include, 
among other things, when application of the specific regulation in 
the particular circumstances would not serve, or is not necessary to 
achieve, the underlying purpose of the rule.

A. The Exemption Is Authorized by Law

    In accordance with 10 CFR 50.12, the NRC may grant an exemption 
from the requirements of 10 CFR part 50 if the exemption is 
authorized by law. The exemption requested in this instance is 
authorized by law, because no other prohibition of law exists to 
preclude the activities which would be authorized by the exemption.
    This exemption would allow the licensee to insert four LTAs 
containing AXIOM fuel rod cladding that is neither Zircaloy nor 
ZIRLO, which are the cladding materials contemplated by 10 CFR 
50.46(a)(1)(i). Selection of a specific cladding material in 10 CFR 
50.46 was at the discretion of the Commission consistent with its 
statutory authority. No statute required the NRC to adopt this 
specification. As stated above, 10 CFR 50.12 allows the Commission 
to grant exemptions from the requirements of 10 CFR part 50. The NRC 
staff has determined that granting of an exemption from 10 CFR 50.46 
related to AXIOM fuel rod cladding, which is neither Zircaloy nor 
ZIRLO, 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.

B. The Exemption Presents No Undue Risk to Public Health and Safety

    SNC stated the following in its letter dated June 30, 2022:
    The Vogtle reactors each contain 193 fuel assemblies. Each 
assembly consists of a matrix of 264 Zircaloy, ZIRLO[supreg]\[TM]\, 
or Optimized ZIRLO[supreg]\[TM]\ clad fuel rods with an initial 
composition of natural or slightly enriched uranium dioxide (UO2) as 
fuel material, not to exceed 5 wt% [weight-percent] enrichment. The 
proposed change is to load four LTAs with advanced ATF [accident-
tolerant fuel] features, including ADOPT fuel [2], AXIOM cladding 
[3], chromium coating, and four rods per LTA with up to 6 wt% 
enrichment, in limiting core locations for up to two cycles of 
operation.
    This exemption will not present an undue risk to public health 
and safety. Reload evaluations ensure that acceptance criteria are 
met for the insertion of LTAs with fuel rods clad with AXIOM 
material. Due to similarities in the composition of the AXIOM alloy 
and the Optimized ZIRLO and standard ZIRLO alloys, fuel assemblies 
using AXIOM fuel rod cladding are evaluated using plant-specific 
models to address the changes in the cladding material properties. 
The LOCA [loss-of-coolant accident] safety analyses for VEGP [Vogtle 
Electric Generating Plant] are supported by the applicable site-
specific Technical Specifications (TS). Reload cores are required to 
be operated in accordance with the operating limits specified in the 
TS. Thus, the granting of this exemption request will not pose an 
undue risk to public health and safety.\1\
---------------------------------------------------------------------------

    \1\ Although this quoted material states that the LTAs would be 
placed in limiting core locations, SNC's May 5, 2023, supplement, 
states that the LTAs will not be placed in core regions that have 
been shown to be limiting with respect to the control rod ejection 
analysis.

    Based upon the limited number of AXIOM clad fuel rods, the 
safeguards in place which would detect anomalous behavior, the use 
of NRC-approved models to ensure that all design criteria remain 
satisfied, and the requirement to operate the Vogtle, Unit 2, core 
within TS limits, the NRC staff finds the four LTAs acceptable for 
Vogtle, Unit 2. In conclusion, the NRC staff finds that the 
requested exemption does not result in any undue risk to the public 
health and safety, because NRC staff concluded that the existing 
LOCA evaluation models analysis of records for Vogtle are 
representative of the LTAs, and the presence of the LTAs will have a 
negligible impact on the co-resident fuel, and 10 CFR 50.46 
acceptance criteria continue to be met. Further information can be 
found in the NRC staff safety evaluation (ML23093A028).

C. The Exemption Is Consistent With the Common Defense and 
Security.

    The proposed exemption would allow the use of four LTAs with a 
variant cladding material. This change to the plant core 
configuration has no impact on security issues. Special nuclear 
material in the LTAs will continue to be handled and controlled in 
accordance with applicable regulations. Therefore, the common 
defense and security is not impacted by this exemption.

D. 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 would not serve the underlying 
purpose of the rule or is not necessary to achieve the underlying 
purpose of the rule. The underlying purpose of 10 CFR 50.46 is to 
establish acceptance criteria for ECCS performance. In the safety 
evaluation (SE) contained in (ML23093A028) for the license amendment 
request, the NRC staff evaluated for Vogtle, Unit 2, four LTAs that 
demonstrated the acceptability of the AXIOM cladding under LOCA 
conditions. The unique features of the LTAs were evaluated for 
effects on the LOCA analyses. The results showed that the LTAs would 
not adversely affect ECCS performance. Therefore, the NRC staff 
concludes that application of the limitation to zircaloy and ZIRLO 
in 10 CFR 50.46 in this particular circumstance is not necessary for 
the licensee to achieve the underlying purpose of the rule.

E. Environmental Considerations

    With respect to its impact on the quality of the human 
environment, the NRC has determined that the issuance of the 
exemption discussed herein meets the eligibility criteria for 
categorical exclusion set forth in 10 CFR 51.22(c)(9). The NRC 
staff's determination that all of the criteria for this categorical 
exclusion are met is as follows:
    The regulation 10 CFR 51.22(c)(9) states:
    Issuance of an amendment to a permit or license for a reactor 
under part 50 or part 52 of this chapter that changes a requirement 
or issuance of an exemption from a requirement, with respect to 
installation or use of a facility component located within the 
restricted area, as defined in part 20 of this chapter; or the 
issuance of an amendment to a permit or license for a reactor under 
part 50 or part 52 of this chapter that changes an inspection or a 
surveillance requirement; provided that: (i) The amendment or 
exemption involves no significant hazards consideration; (ii) There 
is no significant change in the types or significant increase in the 
amounts of any effluents that may be released offsite; and
    (iii) There is no significant increase in individual or 
cumulative occupational radiation exposure.
    Staff Analysis: The exemption is from requirements with respect 
to the installation or use of facility components located within the 
restricted area as defined in 10 CFR part 20. The criteria for 
determining whether an

[[Page 52222]]

action involves a significant hazards consideration are found in 10 
CFR 50.92. The proposed action involves installed four LTAs. As 
stated in the evaluation in ML23093A028, the Commission has 
previously issued a proposed finding that the amendments involve no 
significant hazards consideration, published in the Federal Register 
on November 8, 2022 (87 FR 67508), and there has been no public 
comment on such finding.
    The proposed action involves installing four LTAs, and as the 
NRC staff evaluated under the SE contained in ML23093A028, this 
action does not involve any significant change in the types or 
significant increase in the amounts of any effluents that may be 
released offsite.
    The proposed action involves installing four LTAs, and as the 
NRC staff evaluated under the SE contained in ML23093A028, this 
action does not involve any significant increase in individual or 
cumulative occupational exposure.
    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 issuance of this exemption.

IV. Conclusions

    Accordingly, the NRC 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 NRC hereby 
grants SNC an exemption from the requirements of 10 CFR 50.46 to 
allow the use of AXIOM fuel rod cladding material in LTAs, 7ST1, 
7ST2, 7ST3, and 7ST4, for up to two cycles of operation at Vogtle, 
Unit 2.

    Dated at Rockville, Maryland, this 1st day of August, 2023.

    For the Nuclear Regulatory Commission.

/RA/

Bo M. Pham,

Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.

[FR Doc. 2023-16756 Filed 8-4-23; 8:45 am]
BILLING CODE 7590-01-P
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