NextEra Energy Point Beach, LLC; Point Beach Nuclear Plant, Units 1 and 2, 61621-61625 [2023-19297]
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Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–266 and 50–301; NRC–
2023–0132]
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 from certain portions of the
acceptance criteria for emergency core
cooling systems to allow the use of a
risk-informed analysis to evaluate the
effects of debris in containment
following a loss-of-coolant accident for
the Point Beach Nuclear Plant, Units 1
and 2 (Point Beach) located in
Manitowoc County, Wisconsin. The
exemption is in response to a request
dated July 29, 2022, as supplemented by
letter dated June 9, 2023, from NextEra
Energy Point Beach, LLC (NextEra, the
licensee).
DATES: The exemption was issued on
August 28, 2023.
ADDRESSES: Please refer to Docket ID
NRC–2023–0132 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–2023–0132. 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. For the
convenience of the reader, instructions
about obtaining materials referenced in
this document are provided in the
‘‘Availability of Documents’’ section of
this document.
• NRC’s PDR: The PDR, where you
may examine and order copies of
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SUMMARY:
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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:
Scott P. Wall, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–2855; email:
Scott.Wall@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the exemption is attached.
Dated: September 1, 2023.
For the Nuclear Regulatory Commission.
Scott P. Wall,
Senior Project Manager, Plant Licensing
Branch III, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
Attachment—Exemption
Nuclear Regulatory Commission
Docket Nos. 50–266 and 50–301
NextEra Energy Point Beach, LLC
Point Beach Nuclear Plant, Units 1 and
2
Exemption
I. Background
NextEra Energy Point Beach, LLC
(NextEra, 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, Units 1 and 2 (Point
Beach), respectively. The licenses
provide, among other things, that the
facility is subject to all rules,
regulations, and orders of the U.S.
Nuclear Regulatory Commission (NRC,
the Commission) now or hereafter in
effect. The facility consists of two
pressurized-water reactors (PWRs)
located in Manitowoc County,
Wisconsin.
In 1996, the NRC identified Generic
Safety Issue (GSI)-191, ‘‘Assessment of
Debris Accumulation on PWR Sump
Performance,’’ associated with the
effects of debris accumulation on PWR
sump performance during design-basis
accidents. As part of the actions to
resolve GSI–191, the NRC issued
Generic Letter (GL) 2004–02, ‘‘Potential
Impact of Debris Blockage on
Emergency Recirculation during Design
Basis Accidents at Pressurized-Water
Reactors,’’ dated September 13, 2004
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML042360586), to
holders of operating licenses for PWRs.
In GL 2004–02, the NRC staff requested
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that these licensees perform an
evaluation of their emergency core
cooling system (ECCS) and containment
spray system (CSS) recirculation
functions considering the potential for
debris-laden coolant to be circulated by
the ECCS and the CSS after a loss-ofcoolant accident (LOCA) or high-energy
line break inside containment and, if
appropriate, take additional actions to
ensure system function. GL 2004–02
required that these licensees provide a
written response to the NRC, pursuant
to title 10 of the Code of Federal
Regulations (10 CFR) section 50.54(f),
describing the results of their evaluation
and any modifications made, or
planned, to ensure ECCS and CSS
system function during recirculation
following a design-basis event, or any
alternate action proposed, and the basis
for its acceptability.
II. Request/Action
By application dated July 29, 2022
(ML22210A086), as supplemented by
letter dated June 9, 2023
(ML23163A022), the licensee, pursuant
to 10 CFR 50.12, ‘‘Specific exemptions,’’
requested, in part, an exemption from
certain requirements of 10 CFR 50.46,
‘‘Acceptance criteria for emergency core
cooling systems for light-water nuclear
power reactors,’’ to allow the use of a
risk-informed methodology instead of
the traditional deterministic
methodology to resolve the concerns
associated with GSI–191 and to respond
to GL 2004–02 for 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 the
public health and safety, and are
consistent with the common defense
and security and (2) special
circumstances are present. Under 10
CFR 50.12(a)(2)(ii), special
circumstances are present when
‘‘[a]pplication 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.’’ Under
10 CFR 50.12(a)(2)(iii), special
circumstances are present when
‘‘[c]ompliance would result in undue
hardship or other costs that are
significantly in excess of those
contemplated when the regulation was
adopted, or that are significantly in
excess of those incurred by others
similarly situated.’’
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NextEra submitted a request for
exemption under 10 CFR 50.12 for Point
Beach from certain requirements of 10
CFR 50.46(a)(1) as it relates to using
specific deterministic methodology to
evaluate the effects of debris generated
from breaks on long-term core cooling.
The licensee stated that the scope of the
requested exemption applies to all
debris effects addressed in the riskinformed element of the Point Beach
methodology described in NextEra’s
July 29, 2022, submittal responding to
GL 2004–02. NextEra stated that the
addressed debris effects are those
associated with breaks that potentially
generate and transport debris amounts
that exceed the Point Beach-specific
tested/analyzed debris limits.
The licensee is requesting an
exemption related to these breaks to
allow evaluation of the debris effects
using a risk-informed methodology in
lieu of a deterministic methodology.
The licensee stated that the key
elements of the exemption request are
that (1) the exemption will apply only
to the effects of debris as described in
Enclosure 4 of the submittal dated July
29, 2022, and (2) the exemption will
apply to any breaks that can generate
and transport debris that is not bounded
by Point Beach-specific tested/analyzed
debris limits, provided that the change
in core damage frequency (DCDF) and
the change in large early release
frequency (DLERF) remain within the
acceptance guidelines identified as
Region III of Regulatory Guide (RG)
1.174, ‘‘An Approach for Using
Probabilistic Risk Assessment in RiskInformed Decisions on Plant-Specific
Changes to the Licensing Basis,’’
Revision 3, dated January 2018
(ML17317A256).
The NRC staff performed an
integrated review of the risk-informed
approach proposed to be used in lieu of
a deterministic methodology by the
requested exemption, considering the
five key principles of risk-informed
decision-making set forth in RG 1.174.
The five key principles are: (1) the
proposed change meets the current
regulations unless it is explicitly related
to a requested exemption; (2) the
proposed change is consistent with the
defense-in-depth (DID) philosophy; (3)
the proposed change maintains
sufficient safety margins; (4) when
proposed changes result in an increase
in risk, the increases should be small
and consistent with the intent of the
Commission’s policy statement on
safety goals for the operations of nuclear
power plants (51 FR 30028); and (5) the
impact of the proposed change should
be monitored using performance
measurement strategies.
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The NRC staff finds that the proposed
risk-informed approach meets the five
key principles in RG 1.174. The
proposed risk-informed approach is
consistent with the DID philosophy,
maintains sufficient safety margins, and
is monitored using performance
measurement strategies. The proposed
risk-informed approach also explicitly
relates to a requested exemption.
Finally, the Point Beach risk evaluation
results show that the risk associated
with post-accident debris effects is
within the RG 1.174 Region Ill
acceptance guidelines as a ‘‘very small
change’’ and, therefore, is consistent
with the intent of the Commission’s
policy statement on safety goals for the
operations of nuclear power plants.
A. The Exemption Is Authorized by Law
The exemption would allow the use
of a risk-informed methodology to show
compliance with 10 CFR 50.46(a)(1),
when considering debris in containment
generated and transported by those
breaks that exceed the plant-specific
tested/analyzed debris limits. As stated
above, 10 CFR 50.12 allows the NRC to
grant exemptions from the requirements
of 10 CFR part 50, including 10 CFR
50.46(a)(1), when the exemptions are
authorized by law. The NRC staff has
determined, as explained below, that
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.
B. The Exemption Presents No Undue
Risk to Public Health and Safety
The provisions of 10 CFR 50.46
establish criteria for the ECCS
performance. The licensee submitted a
request for an exemption under 10 CFR
50.12 for Point Beach from certain
requirements of 10 CFR 50.46(a)(1) as it
relates to using a specific deterministic
methodology to evaluate the effects of
debris generated from breaks on longterm core cooling. The licensee justified
its requested exemption by stating that
it is consistent with the purpose of the
requirements in that the use of the
proposed risk-informed approach would
account for the effects of debris on the
ECCS cooling performance and would
support a high probability of successful
ECCS performance, based on the risk
results meeting the acceptance
guidelines of RG 1.174. Additionally,
the licensee stated that the Point Beach
risk quantification showed that the
DCDF and DLERF are below the
threshold for RG 1.174 Region Ill ‘‘very
small changes.’’ The licensee stated that
the proposed risk-informed approach
would provide an equivalent level of
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assurance for sump performance as 10
CFR 50.46 without incurring significant
cost and occupational dose associated
with removing, replacing, or reinforcing
insulation in containment.
The NRC staff finds that the risk
associated with the requested
exemption is consistent with the
guidance in RG 1.174 for the use of
probabilistic risk assessment and with
the Commission’s policy statement on
safety goals for the operations of nuclear
power plants; therefore, the requested
exemption presents no undue risk to the
public health and safety.
C. The Exemption Is Consistent With the
Common Defense and Security
The requested exemption would
allow the licensee to use a risk-informed
methodology to resolve a generic safety
concern for PWRs associated with
potential clogging of the ECCS and CSS
strainers during certain design-basis
events. The change is adequately
controlled by safety acceptance criteria
and technical specification
requirements and is not related to
security issues. Because the common
defense and security is not impacted by
the exemption, the exemption is
consistent with the common defense
and security.
D. Special Circumstances
The requested exemption from 10
CFR 50.46(a)(1) would allow the
licensee to use a risk-informed
methodology in lieu of a deterministic
methodology to show conformance with
the ECCS and CSS performance criteria
accounting for debris in containment for
LOCAs. In its request, the licensee cited
the special circumstances criteria of 10
CFR 50.12(a)(2)(ii) and (iii) and stated
that 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 and that
compliance would result in undue
hardship or other costs that are
significantly in excess of those
contemplated when the regulation was
adopted, or that are significantly in
excess of those incurred by others
similarly situated.
The licensee stated that the intent of
10 CFR 50.46(a)(1) is to ensure that
ECCS cooling performance design
requirements imposed by 10 CFR 50.46
are determined by a rigorous method
that provides a high level of confidence
in ECCS performance. The licensee
stated that its proposed risk-informed
approach accounts for the effects of
debris on the ECCS cooling performance
and supports a high probability of
successful ECCS performance based on
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the risk results meeting the acceptance
guidelines of RG 1.174.
The licensee also stated that in order
to meet a deterministic threshold value
for sump debris loads, the debris
sources in containment would need to
be significantly reduced. The licensee
stated that the amount of radiological
exposure received during the removal
and/or modification of insulation from
the Point Beach containments is
dependent on the scope of the changes.
The licensee estimated generically that
the expected total dose for replacing
calcium silicate and asbestos calcium
silicate insulation in the Point Beach
containment would be approximately
900 roentgen equivalent man (rem) for
both units (total two-unit dose). An
additional dose of 200 rem was
estimated for replacing the mineral wool
insulation on the resistance temperature
detector lines.
Based on the above, the licensee
concluded that the special
circumstances described in 10 CFR
50.12(a)(2)(ii) and (iii) are present with
respect to its requested exemption.
The NRC staff summarized its
evaluation of the proposed riskinformed approach related to the
exemption request in a safety evaluation
(ML23208A095). Since 10 CFR
50.46(a)(1) requires a deterministic
approach, an exemption is an
appropriate means to grant the licensee
relief to use an alternative, riskinformed approach. The underlying
purpose of the regulation is to protect
the public health and safety in the event
of a LOCA by establishing criteria for
the ECCS. In its safety evaluation, the
NRC staff concluded, in part, that the
licensee adequately demonstrated that
the change in risk attributable to debris
in postulated LOCAs is very small. The
NRC staff also concluded that the
licensee’s proposal for demonstrating
compliance with the ECCS and the CSS
performance requirements meets the
risk acceptance guidelines in RG 1.174,
because the approach is related to a
permissible exemption request, is
consistent with DID philosophy,
maintains sufficient safety margins,
results in an increase in risk that is
small and consistent with the intent of
the Commission’s policy statement on
safety goals for the operations of nuclear
power plants, and is monitored by the
licensee using performance
measurement strategies. Therefore, the
NRC staff finds that the licensee’s use of
the proposed risk-informed approach to
consider the impacts of debris meets the
underlying intent of 10 CFR 50.46 to
ensure that a licensee demonstrates that
the ECCS and the CSS will provide
adequate cooling for the reactor core
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and containment following postulated
design-basis accidents.
The NRC staff also finds that the
licensee demonstrated that using the
required deterministic approach as
opposed to the proposed risk-informed
approach would result in undue
hardship or other costs that are
significantly in excess of those
contemplated when the regulation was
adopted, or that are significantly in
excess of those incurred by others
similarly situated.
Based on the above, the special
circumstances described in 10 CFR
50.12(a)(2)(ii) and (iii) are present for
the requested exemption.
E. Environmental Considerations
The NRC staff determined that the
exemption discussed herein meets the
eligibility criteria for categorical
exclusion set forth in 10 CFR 51.22(c)(9)
because it is related to a requirement
concerning the installation or use of
facility components located within the
restricted area, as defined in 10 CFR
part 20, and the granting of the
exemption involves: (i) no significant
hazards consideration, (ii) no significant
change in the types or significant
increase in the amounts of any effluents
that may be released offsite, and (iii) no
significant increase in individual or
cumulative occupational radiation
exposure. Therefore, in accordance with
10 CFR 51.22(b), no environmental
impact statement or environmental
assessment need to be prepared in
connection with the issuance of the
exemption. The basis for this NRC staff
determination is discussed as follows
with an evaluation against each of the
requirements in 10 CFR 51.22(c)(9).
Requirements in 10 CFR 51.22(c)(9)(i)
The NRC staff evaluated the issue of
no significant hazards consideration,
using the standards described in 10 CFR
50.92(c), as presented below:
1. Does the requested exemption
involve a significant increase in the
probability or consequences of an
accident previously evaluated?
Response: No.
The proposed change that would be
implemented as a result of the
exemption is a methodology change for
assessment of debris effects that adds
the results of a risk-informed evaluation
to the Point Beach licensing basis. This
is a viable approach for the resolution
of GL 2004–02 per SECY–12–0093,
‘‘Closure Options for Generic Safety
Issue—191, Assessment of Debris
Accumulation on Pressurized-Water
Reactor Sump Performance,’’ dated June
9, 2012 (ML121310648). The analysis
that supports the methodology change
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concludes that the functionality of the
ECCS and CSS during design-basis
accidents is confirmed by the very small
risk increase due to strainer failures
associated with the debris effects,
supported by the fact that the safety
margin and DID are maintained with
high probability. The proposed change
addresses mitigation of LOCAs and has
no effect on the probability of the
occurrence of a LOCA. The proposed
change does not implement any changes
in the facility or plant operation that
could lead to a different kind of
accident. The containment sump is not
an initiator of any accident previously
evaluated. The containment sump is a
passive component, and the proposed
change does not increase the likelihood
of a malfunction of the sump. The
design and the capability of the
containment sump assumed in the
accident analysis are not changed. As a
result, the probability of an accident is
unaffected by the proposed change.
The proposed change does not
involve a significant increase in the
consequences of an accident previously
evaluated. The proposed change
confirms that required structures,
systems, and components (SSCs)
supported by the containment sumps
will perform their safety functions with
a high probability, as required, and does
not alter or prevent the ability of SSCs
to perform their intended function to
mitigate the consequences of an
accident previously evaluated within
the acceptance limits. The proposed
change has no impact on existing
barriers that prevent the release of
radioactivity. The safety analysis
acceptance criteria in the Point Beach
Final Safety Analysis Report (FSAR)
continue to be met for the proposed
change.
Therefore, the requested exemption
does not involve a significant increase
in the probability or consequences of an
accident previously evaluated.
2. Does the requested exemption
create the possibility of a new or
different kind of accident from any
accident previously evaluated?
Response: No.
The proposed change that would be
implemented as a result of the
exemption is a methodology change for
assessment of debris effects that adds
the results of a risk-informed evaluation
to the Point Beach licensing basis. The
proposed change does not install or
remove any plant equipment, or alter
the design, physical configuration, or
mode of operation of any plant SSCs.
The proposed change does not
introduce any new failure mechanisms
or malfunctions that can initiate an
accident. No new credible accident is
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created that is not encompassed by the
existing accident analyses that assume
the functioning of the containment
sump.
Therefore, the requested exemption
does not create the possibility of a new
or different kind of accident from any
previously evaluated.
3. Does the requested exemption
involve a significant reduction in a
margin of safety?
Response: No.
The proposed change that would be
implemented as a result of the
exemption is a methodology change for
assessment of debris effects that adds
the results of a risk-informed evaluation
to the Point Beach licensing basis. The
effects from a full spectrum of LOCAs
and secondary side breaks inside
containment, including double-ended
guillotine breaks, are analyzed.
Appropriate redundancy and
consideration of loss of offsite power
and worst-case single failure are
retained, such that DID is maintained.
Application of the risk-informed
methodology showed that the increase
in risk from the contribution of debris
effects is very small as defined by RG
1.174 and that there is adequate DID and
safety margin, which are extensively
evaluated in Enclosure 5 of the July 29,
2022, submittal and which evaluation is
found to be acceptable in the related
NRC staff safety evaluation. This
evaluation showed that there is
substantial DID and safety margin that
provide a high level of confidence that
the calculated risk for the effects of
debris is conservative and that the
actual risk is likely much lower.
Consequently, the licensee determined
that the risk-informed method
demonstrates that the containment
sumps will continue to support the
ability of safety-related components to
perform their design functions when the
effects of debris are considered. This
risk-informed approach was identified
as viable for the response to GL 2004–
02 per SECY–12–0093. The proposed
change does not alter the manner in
which safety limits are determined or
the acceptance criteria associated with a
safety limit. The proposed change does
not implement any changes to plant
operation and does not affect SSCs that
respond to safely shut down the plant
and to maintain the plant in a safe
shutdown condition. The proposed
change does not significantly affect the
existing safety margins in the barriers to
the release of radioactivity. There are no
changes to any of the safety analyses in
the FSAR.
Therefore, the requested exemption
does not involve a significant reduction
in a margin of safety.
Based on the above, the NRC staff
concludes that the requested exemption
involves no significant hazards
consideration and, therefore, satisfies 10
CFR 51.22(c)(9)(i)).
Requirements in 10 CFR 51.22(c)(9)(ii)
No physical modifications or changes
to operating requirements are proposed
for the facility as part of the requested
exemption, including changes to any
SSCs relied upon to mitigate the
consequences of a LOCA. No changes
are made to the safety analyses in the
FSAR. Approval of the exemption will
require the calculated risk associated
with post-accident debris effects to meet
the Region III acceptance guidelines in
RG 1.174, thereby maintaining the
public health and safety. As such, the
NRC staff concludes that the requested
exemption does not involve significant
change in the types or significant
increase in the amounts of any effluents
that may be released offsite. Therefore,
the requested exemption satisfies 10
CFR 51.22(c)(9)(ii).
Requirements in 10 CFR 51.22(c)(9)(iii)
No new operator actions are
implemented that could affect
occupational radiation exposure. No
physical modifications or changes to
operating requirements are proposed for
the facility as part of the requested
exemption, including changes to any
SSCs relied upon to mitigate the
consequences of a LOCA. No changes
are made to the safety analyses in the
FSAR. As such, the NRC staff concludes
that the requested exemption does not
involve significant increase in
individual or cumulative occupational
radiation exposure. Therefore, the
requested exemption satisfies 10 CFR
51.22(c)(9)(iii).
Conclusion
Based on the above, the NRC staff
concludes that the requested 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 issuance of the
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 are present. Therefore,
the Commission hereby grants NextEra’s
request for an exemption from 10 CFR
50.46(a)(1) to allow the use of a riskinformed methodology in lieu of a
deterministic methodology to show
conformance with the ECCS and CSS
performance criteria accounting for
debris in containment for those breaks
that exceed the Point Beach-specific
tested/analyzed debris limits.
This exemption is effective upon
issuance.
V. Availability of Documents
The documents identified in the
following table are related to the
requested exemption and available to
interested persons through the NRC’s
ADAMS at https://adams.nrc.gov/wba/.
ADAMS
Accession
No.
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Document
NextEra letter, ‘‘Exemption Request, License Amendment Request and Revised Response in Support of a Risk-informed Resolution of Generic Letter 2004–02’’ (L–2022–121), dated July 29, 2022.
NextEra letter, ‘‘Response to Request for Additional Information (RAI) Regarding Exemption Request, License
Amendment Request and Revised Response in Support of a Risk-Informed Resolution of Generic Letter 2004–
02’’ (L–2023–075), dated June 9, 2023.
NRC Generic Letter 2004–02, ‘‘Potential Impact of Debris Blockage on Emergency Recirculation During Design
Basis Accidents at Pressurized-Water Reactors,’’ dated September 13, 2004.
Regulatory Guide 1.174, Revision 3, ‘‘An Approach for Using Probabilistic Risk Assessment in Risk-Informed Decisions on Plant-Specific Changes to the Licensing Basis,’’ dated January 2018.
NRC letter, ‘‘Point Beach Nuclear Plant, Units 1 and 2—Issuance of Amendment Nos. 273 and 275 Regarding
Revising Licensing Basis to Address Generic Safety Issue 191 and to Respond to Generic Letter 2004–02
Using a Risk-Informed Approach,’’ dated August 28, 2023.
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ML22210A086.
ML23163A022.
ML042360586.
ML17317A256.
ML23208A095.
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ADAMS
Accession
No.
Document
NextEra letter, ‘‘Response to Generic Letter 2004–02, Potential Impact of Debris Blockage on Emergency Recirculation During Design Basis Accidents at Pressurized-Water Reactors’’ (NRC 2007–0085), dated November
16, 2007.
NextEra letter, ‘‘Updated Final Response to NRC Generic Letter 2004–02’’ (NRC 2017–0045), December 29,
2017.
Dated: August 28, 2023.
For the Nuclear Regulatory Commission.
Victor G. Cusumano,
Acting Deputy Director, Division of Operating
Reactor Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2023–19297 Filed 9–6–23; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
SUPPLEMENTARY INFORMATION:
[NRC–2023–0072]
I. Obtaining Information and
Submitting Comments
Information Collection: Grants and
Cooperative Agreement Provisions
A. Obtaining Information
Nuclear Regulatory
Commission.
ACTION: Renewal of existing information
collection; request for comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) invites public
comment on the renewal of Office of
Management and Budget (OMB)
approval for an existing collection of
information. The information collection
is entitled, ‘‘Grants and Cooperative
Agreement Provisions.’’
DATES: Submit comments by November
6, 2023. Comments received after this
date will be considered if it is practical
to do so, but the Commission is able to
ensure consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments
by any of the following methods;
however, the NRC encourages electronic
comment submission through the
Federal rulemaking website:
• Federal rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2023–0072. 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.
• Mail comments to: David C.
Cullison, Office of the Chief Information
Officer, Mail Stop: T–6 A10M, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
For additional direction on obtaining
information and submitting comments,
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
19:19 Sep 06, 2023
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
David C. Cullison, Office of the Chief
Information Officer, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
2084; email: Infocollects.Resource@
nrc.gov.
Jkt 259001
Please refer to Docket ID NRC–2023–
0072 when contacting the NRC about
the availability of information for this
action. You may obtain publicly
available information related to this
action by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2023–0072. A copy
of the collection of information and
related instructions may be obtained
without charge by accessing Docket ID
NRC–2023–0072 on this website.
• 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. For the
convenience of the reader, instructions
about obtaining materials referenced in
this document are provided in the
‘‘Availability of Documents’’ section.
• 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.
PO 00000
Frm 00127
Fmt 4703
Sfmt 4703
ML073230345.
ML17363A253.
• NRC’s Clearance Officer: A copy of
the collection of information and related
instructions may be obtained without
charge by contacting the NRC’s
Clearance Officer, David C. Cullison,
Office of the Chief Information Officer,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–2084; email:
Infocollects.Resource@nrc.gov.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2023–0072, in your
comment submission.
The NRC cautions you not to include
identifying or contact information in
comment submissions that you do not
want to be publicly disclosed in your
comment submission. All comment
submissions are posted at https://
www.regulations.gov and entered into
ADAMS. Comment submissions are not
routinely edited to remove identifying
or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that comment
submissions are not routinely edited to
remove such information before making
the comment submissions available to
the public or entering the comment into
ADAMS.
II. Background
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
chapter 35), the NRC is requesting
public comment on its intention to
request the OMB’s approval for the
information collection summarized
below.
1. The title of the information
collection: Grants and Cooperative
Agreement Provisions.
2. OMB approval number: 3150–0107.
3. Type of submission: Revision.
4. The form number, if applicable:
NRC Forms 972 and 975.
5. How often the collection is required
or requested: Technical Performance
E:\FR\FM\07SEN1.SGM
07SEN1
Agencies
[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61621-61625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19297]
[[Page 61621]]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-266 and 50-301; NRC-2023-0132]
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 from certain portions of the acceptance criteria for
emergency core cooling systems to allow the use of a risk-informed
analysis to evaluate the effects of debris in containment following a
loss-of-coolant accident for the Point Beach Nuclear Plant, Units 1 and
2 (Point Beach) located in Manitowoc County, Wisconsin. The exemption
is in response to a request dated July 29, 2022, as supplemented by
letter dated June 9, 2023, from NextEra Energy Point Beach, LLC
(NextEra, the licensee).
DATES: The exemption was issued on August 28, 2023.
ADDRESSES: Please refer to Docket ID NRC-2023-0132 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-2023-0132. 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]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section of 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: Scott P. Wall, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2855; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: September 1, 2023.
For the Nuclear Regulatory Commission.
Scott P. Wall,
Senior Project Manager, Plant Licensing Branch III, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption
Nuclear Regulatory Commission
Docket Nos. 50-266 and 50-301
NextEra Energy Point Beach, LLC
Point Beach Nuclear Plant, Units 1 and 2
Exemption
I. Background
NextEra Energy Point Beach, LLC (NextEra, 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, Units 1 and
2 (Point Beach), respectively. The licenses provide, among other
things, that the facility is subject to all rules, regulations, and
orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission)
now or hereafter in effect. The facility consists of two pressurized-
water reactors (PWRs) located in Manitowoc County, Wisconsin.
In 1996, the NRC identified Generic Safety Issue (GSI)-191,
``Assessment of Debris Accumulation on PWR Sump Performance,''
associated with the effects of debris accumulation on PWR sump
performance during design-basis accidents. As part of the actions to
resolve GSI-191, the NRC issued Generic Letter (GL) 2004-02,
``Potential Impact of Debris Blockage on Emergency Recirculation during
Design Basis Accidents at Pressurized-Water Reactors,'' dated September
13, 2004 (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML042360586), to holders of operating licenses for PWRs.
In GL 2004-02, the NRC staff requested that these licensees perform an
evaluation of their emergency core cooling system (ECCS) and
containment spray system (CSS) recirculation functions considering the
potential for debris-laden coolant to be circulated by the ECCS and the
CSS after a loss-of-coolant accident (LOCA) or high-energy line break
inside containment and, if appropriate, take additional actions to
ensure system function. GL 2004-02 required that these licensees
provide a written response to the NRC, pursuant to title 10 of the Code
of Federal Regulations (10 CFR) section 50.54(f), describing the
results of their evaluation and any modifications made, or planned, to
ensure ECCS and CSS system function during recirculation following a
design-basis event, or any alternate action proposed, and the basis for
its acceptability.
II. Request/Action
By application dated July 29, 2022 (ML22210A086), as supplemented
by letter dated June 9, 2023 (ML23163A022), the licensee, pursuant to
10 CFR 50.12, ``Specific exemptions,'' requested, in part, an exemption
from certain requirements of 10 CFR 50.46, ``Acceptance criteria for
emergency core cooling systems for light-water nuclear power
reactors,'' to allow the use of a risk-informed methodology instead of
the traditional deterministic methodology to resolve the concerns
associated with GSI-191 and to respond to GL 2004-02 for 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 the public health
and safety, and are consistent with the common defense and security and
(2) special circumstances are present. Under 10 CFR 50.12(a)(2)(ii),
special circumstances are present when ``[a]pplication 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.'' Under 10 CFR 50.12(a)(2)(iii),
special circumstances are present when ``[c]ompliance would result in
undue hardship or other costs that are significantly in excess of those
contemplated when the regulation was adopted, or that are significantly
in excess of those incurred by others similarly situated.''
[[Page 61622]]
NextEra submitted a request for exemption under 10 CFR 50.12 for
Point Beach from certain requirements of 10 CFR 50.46(a)(1) as it
relates to using specific deterministic methodology to evaluate the
effects of debris generated from breaks on long-term core cooling. The
licensee stated that the scope of the requested exemption applies to
all debris effects addressed in the risk-informed element of the Point
Beach methodology described in NextEra's July 29, 2022, submittal
responding to GL 2004-02. NextEra stated that the addressed debris
effects are those associated with breaks that potentially generate and
transport debris amounts that exceed the Point Beach-specific tested/
analyzed debris limits.
The licensee is requesting an exemption related to these breaks to
allow evaluation of the debris effects using a risk-informed
methodology in lieu of a deterministic methodology. The licensee stated
that the key elements of the exemption request are that (1) the
exemption will apply only to the effects of debris as described in
Enclosure 4 of the submittal dated July 29, 2022, and (2) the exemption
will apply to any breaks that can generate and transport debris that is
not bounded by Point Beach-specific tested/analyzed debris limits,
provided that the change in core damage frequency ([Delta]CDF) and the
change in large early release frequency ([Delta]LERF) remain within the
acceptance guidelines identified as Region III of Regulatory Guide (RG)
1.174, ``An Approach for Using Probabilistic Risk Assessment in Risk-
Informed Decisions on Plant-Specific Changes to the Licensing Basis,''
Revision 3, dated January 2018 (ML17317A256).
The NRC staff performed an integrated review of the risk-informed
approach proposed to be used in lieu of a deterministic methodology by
the requested exemption, considering the five key principles of risk-
informed decision-making set forth in RG 1.174. The five key principles
are: (1) the proposed change meets the current regulations unless it is
explicitly related to a requested exemption; (2) the proposed change is
consistent with the defense-in-depth (DID) philosophy; (3) the proposed
change maintains sufficient safety margins; (4) when proposed changes
result in an increase in risk, the increases should be small and
consistent with the intent of the Commission's policy statement on
safety goals for the operations of nuclear power plants (51 FR 30028);
and (5) the impact of the proposed change should be monitored using
performance measurement strategies.
The NRC staff finds that the proposed risk-informed approach meets
the five key principles in RG 1.174. The proposed risk-informed
approach is consistent with the DID philosophy, maintains sufficient
safety margins, and is monitored using performance measurement
strategies. The proposed risk-informed approach also explicitly relates
to a requested exemption. Finally, the Point Beach risk evaluation
results show that the risk associated with post-accident debris effects
is within the RG 1.174 Region Ill acceptance guidelines as a ``very
small change'' and, therefore, is consistent with the intent of the
Commission's policy statement on safety goals for the operations of
nuclear power plants.
A. The Exemption Is Authorized by Law
The exemption would allow the use of a risk-informed methodology to
show compliance with 10 CFR 50.46(a)(1), when considering debris in
containment generated and transported by those breaks that exceed the
plant-specific tested/analyzed debris limits. As stated above, 10 CFR
50.12 allows the NRC to grant exemptions from the requirements of 10
CFR part 50, including 10 CFR 50.46(a)(1), when the exemptions are
authorized by law. The NRC staff has determined, as explained below,
that 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.
B. The Exemption Presents No Undue Risk to Public Health and Safety
The provisions of 10 CFR 50.46 establish criteria for the ECCS
performance. The licensee submitted a request for an exemption under 10
CFR 50.12 for Point Beach from certain requirements of 10 CFR
50.46(a)(1) as it relates to using a specific deterministic methodology
to evaluate the effects of debris generated from breaks on long-term
core cooling. The licensee justified its requested exemption by stating
that it is consistent with the purpose of the requirements in that the
use of the proposed risk-informed approach would account for the
effects of debris on the ECCS cooling performance and would support a
high probability of successful ECCS performance, based on the risk
results meeting the acceptance guidelines of RG 1.174. Additionally,
the licensee stated that the Point Beach risk quantification showed
that the [Delta]CDF and [Delta]LERF are below the threshold for RG
1.174 Region Ill ``very small changes.'' The licensee stated that the
proposed risk-informed approach would provide an equivalent level of
assurance for sump performance as 10 CFR 50.46 without incurring
significant cost and occupational dose associated with removing,
replacing, or reinforcing insulation in containment.
The NRC staff finds that the risk associated with the requested
exemption is consistent with the guidance in RG 1.174 for the use of
probabilistic risk assessment and with the Commission's policy
statement on safety goals for the operations of nuclear power plants;
therefore, the requested exemption presents no undue risk to the public
health and safety.
C. The Exemption Is Consistent With the Common Defense and Security
The requested exemption would allow the licensee to use a risk-
informed methodology to resolve a generic safety concern for PWRs
associated with potential clogging of the ECCS and CSS strainers during
certain design-basis events. The change is adequately controlled by
safety acceptance criteria and technical specification requirements and
is not related to security issues. Because the common defense and
security is not impacted by the exemption, the exemption is consistent
with the common defense and security.
D. Special Circumstances
The requested exemption from 10 CFR 50.46(a)(1) would allow the
licensee to use a risk-informed methodology in lieu of a deterministic
methodology to show conformance with the ECCS and CSS performance
criteria accounting for debris in containment for LOCAs. In its
request, the licensee cited the special circumstances criteria of 10
CFR 50.12(a)(2)(ii) and (iii) and stated that 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 and that compliance would result in
undue hardship or other costs that are significantly in excess of those
contemplated when the regulation was adopted, or that are significantly
in excess of those incurred by others similarly situated.
The licensee stated that the intent of 10 CFR 50.46(a)(1) is to
ensure that ECCS cooling performance design requirements imposed by 10
CFR 50.46 are determined by a rigorous method that provides a high
level of confidence in ECCS performance. The licensee stated that its
proposed risk-informed approach accounts for the effects of debris on
the ECCS cooling performance and supports a high probability of
successful ECCS performance based on
[[Page 61623]]
the risk results meeting the acceptance guidelines of RG 1.174.
The licensee also stated that in order to meet a deterministic
threshold value for sump debris loads, the debris sources in
containment would need to be significantly reduced. The licensee stated
that the amount of radiological exposure received during the removal
and/or modification of insulation from the Point Beach containments is
dependent on the scope of the changes. The licensee estimated
generically that the expected total dose for replacing calcium silicate
and asbestos calcium silicate insulation in the Point Beach containment
would be approximately 900 roentgen equivalent man (rem) for both units
(total two-unit dose). An additional dose of 200 rem was estimated for
replacing the mineral wool insulation on the resistance temperature
detector lines.
Based on the above, the licensee concluded that the special
circumstances described in 10 CFR 50.12(a)(2)(ii) and (iii) are present
with respect to its requested exemption.
The NRC staff summarized its evaluation of the proposed risk-
informed approach related to the exemption request in a safety
evaluation (ML23208A095). Since 10 CFR 50.46(a)(1) requires a
deterministic approach, an exemption is an appropriate means to grant
the licensee relief to use an alternative, risk-informed approach. The
underlying purpose of the regulation is to protect the public health
and safety in the event of a LOCA by establishing criteria for the
ECCS. In its safety evaluation, the NRC staff concluded, in part, that
the licensee adequately demonstrated that the change in risk
attributable to debris in postulated LOCAs is very small. The NRC staff
also concluded that the licensee's proposal for demonstrating
compliance with the ECCS and the CSS performance requirements meets the
risk acceptance guidelines in RG 1.174, because the approach is related
to a permissible exemption request, is consistent with DID philosophy,
maintains sufficient safety margins, results in an increase in risk
that is small and consistent with the intent of the Commission's policy
statement on safety goals for the operations of nuclear power plants,
and is monitored by the licensee using performance measurement
strategies. Therefore, the NRC staff finds that the licensee's use of
the proposed risk-informed approach to consider the impacts of debris
meets the underlying intent of 10 CFR 50.46 to ensure that a licensee
demonstrates that the ECCS and the CSS will provide adequate cooling
for the reactor core and containment following postulated design-basis
accidents.
The NRC staff also finds that the licensee demonstrated that using
the required deterministic approach as opposed to the proposed risk-
informed approach would result in undue hardship or other costs that
are significantly in excess of those contemplated when the regulation
was adopted, or that are significantly in excess of those incurred by
others similarly situated.
Based on the above, the special circumstances described in 10 CFR
50.12(a)(2)(ii) and (iii) are present for the requested exemption.
E. Environmental Considerations
The NRC staff determined that the exemption discussed herein meets
the eligibility criteria for categorical exclusion set forth in 10 CFR
51.22(c)(9) because it is related to a requirement concerning the
installation or use of facility components located within the
restricted area, as defined in 10 CFR part 20, and the granting of the
exemption involves: (i) no significant hazards consideration, (ii) no
significant change in the types or significant increase in the amounts
of any effluents that may be released offsite, and (iii) no significant
increase in individual or cumulative occupational radiation exposure.
Therefore, in accordance with 10 CFR 51.22(b), no environmental impact
statement or environmental assessment need to be prepared in connection
with the issuance of the exemption. The basis for this NRC staff
determination is discussed as follows with an evaluation against each
of the requirements in 10 CFR 51.22(c)(9).
Requirements in 10 CFR 51.22(c)(9)(i)
The NRC staff evaluated the issue of no significant hazards
consideration, using the standards described in 10 CFR 50.92(c), as
presented below:
1. Does the requested exemption involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed change that would be implemented as a result of the
exemption is a methodology change for assessment of debris effects that
adds the results of a risk-informed evaluation to the Point Beach
licensing basis. This is a viable approach for the resolution of GL
2004-02 per SECY-12-0093, ``Closure Options for Generic Safety Issue--
191, Assessment of Debris Accumulation on Pressurized-Water Reactor
Sump Performance,'' dated June 9, 2012 (ML121310648). The analysis that
supports the methodology change concludes that the functionality of the
ECCS and CSS during design-basis accidents is confirmed by the very
small risk increase due to strainer failures associated with the debris
effects, supported by the fact that the safety margin and DID are
maintained with high probability. The proposed change addresses
mitigation of LOCAs and has no effect on the probability of the
occurrence of a LOCA. The proposed change does not implement any
changes in the facility or plant operation that could lead to a
different kind of accident. The containment sump is not an initiator of
any accident previously evaluated. The containment sump is a passive
component, and the proposed change does not increase the likelihood of
a malfunction of the sump. The design and the capability of the
containment sump assumed in the accident analysis are not changed. As a
result, the probability of an accident is unaffected by the proposed
change.
The proposed change does not involve a significant increase in the
consequences of an accident previously evaluated. The proposed change
confirms that required structures, systems, and components (SSCs)
supported by the containment sumps will perform their safety functions
with a high probability, as required, and does not alter or prevent the
ability of SSCs to perform their intended function to mitigate the
consequences of an accident previously evaluated within the acceptance
limits. The proposed change has no impact on existing barriers that
prevent the release of radioactivity. The safety analysis acceptance
criteria in the Point Beach Final Safety Analysis Report (FSAR)
continue to be met for the proposed change.
Therefore, the requested exemption does not involve a significant
increase in the probability or consequences of an accident previously
evaluated.
2. Does the requested exemption create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed change that would be implemented as a result of the
exemption is a methodology change for assessment of debris effects that
adds the results of a risk-informed evaluation to the Point Beach
licensing basis. The proposed change does not install or remove any
plant equipment, or alter the design, physical configuration, or mode
of operation of any plant SSCs. The proposed change does not introduce
any new failure mechanisms or malfunctions that can initiate an
accident. No new credible accident is
[[Page 61624]]
created that is not encompassed by the existing accident analyses that
assume the functioning of the containment sump.
Therefore, the requested exemption does not create the possibility
of a new or different kind of accident from any previously evaluated.
3. Does the requested exemption involve a significant reduction in
a margin of safety?
Response: No.
The proposed change that would be implemented as a result of the
exemption is a methodology change for assessment of debris effects that
adds the results of a risk-informed evaluation to the Point Beach
licensing basis. The effects from a full spectrum of LOCAs and
secondary side breaks inside containment, including double-ended
guillotine breaks, are analyzed. Appropriate redundancy and
consideration of loss of offsite power and worst-case single failure
are retained, such that DID is maintained.
Application of the risk-informed methodology showed that the
increase in risk from the contribution of debris effects is very small
as defined by RG 1.174 and that there is adequate DID and safety
margin, which are extensively evaluated in Enclosure 5 of the July 29,
2022, submittal and which evaluation is found to be acceptable in the
related NRC staff safety evaluation. This evaluation showed that there
is substantial DID and safety margin that provide a high level of
confidence that the calculated risk for the effects of debris is
conservative and that the actual risk is likely much lower.
Consequently, the licensee determined that the risk-informed method
demonstrates that the containment sumps will continue to support the
ability of safety-related components to perform their design functions
when the effects of debris are considered. This risk-informed approach
was identified as viable for the response to GL 2004-02 per SECY-12-
0093. The proposed change does not alter the manner in which safety
limits are determined or the acceptance criteria associated with a
safety limit. The proposed change does not implement any changes to
plant operation and does not affect SSCs that respond to safely shut
down the plant and to maintain the plant in a safe shutdown condition.
The proposed change does not significantly affect the existing safety
margins in the barriers to the release of radioactivity. There are no
changes to any of the safety analyses in the FSAR.
Therefore, the requested exemption does not involve a significant
reduction in a margin of safety.
Based on the above, the NRC staff concludes that the requested
exemption involves no significant hazards consideration and, therefore,
satisfies 10 CFR 51.22(c)(9)(i)).
Requirements in 10 CFR 51.22(c)(9)(ii)
No physical modifications or changes to operating requirements are
proposed for the facility as part of the requested exemption, including
changes to any SSCs relied upon to mitigate the consequences of a LOCA.
No changes are made to the safety analyses in the FSAR. Approval of the
exemption will require the calculated risk associated with post-
accident debris effects to meet the Region III acceptance guidelines in
RG 1.174, thereby maintaining the public health and safety. As such,
the NRC staff concludes that the requested exemption does not involve
significant change in the types or significant increase in the amounts
of any effluents that may be released offsite. Therefore, the requested
exemption satisfies 10 CFR 51.22(c)(9)(ii).
Requirements in 10 CFR 51.22(c)(9)(iii)
No new operator actions are implemented that could affect
occupational radiation exposure. No physical modifications or changes
to operating requirements are proposed for the facility as part of the
requested exemption, including changes to any SSCs relied upon to
mitigate the consequences of a LOCA. No changes are made to the safety
analyses in the FSAR. As such, the NRC staff concludes that the
requested exemption does not involve significant increase in individual
or cumulative occupational radiation exposure. Therefore, the requested
exemption satisfies 10 CFR 51.22(c)(9)(iii).
Conclusion
Based on the above, the NRC staff concludes that the requested
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 issuance of the 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 are present.
Therefore, the Commission hereby grants NextEra's request for an
exemption from 10 CFR 50.46(a)(1) to allow the use of a risk-informed
methodology in lieu of a deterministic methodology to show conformance
with the ECCS and CSS performance criteria accounting for debris in
containment for those breaks that exceed the Point Beach-specific
tested/analyzed debris limits.
This exemption is effective upon issuance.
V. Availability of Documents
The documents identified in the following table are related to the
requested exemption and available to interested persons through the
NRC's ADAMS at https://adams.nrc.gov/wba/.
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Document ADAMS Accession No.
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NextEra letter, ``Exemption Request, License ML22210A086.
Amendment Request and Revised Response in
Support of a Risk-informed Resolution of
Generic Letter 2004-02'' (L-2022-121), dated
July 29, 2022.
NextEra letter, ``Response to Request for ML23163A022.
Additional Information (RAI) Regarding
Exemption Request, License Amendment Request
and Revised Response in Support of a Risk-
Informed Resolution of Generic Letter 2004-02''
(L-2023-075), dated June 9, 2023.
NRC Generic Letter 2004-02, ``Potential Impact ML042360586.
of Debris Blockage on Emergency Recirculation
During Design Basis Accidents at Pressurized-
Water Reactors,'' dated September 13, 2004.
Regulatory Guide 1.174, Revision 3, ``An ML17317A256.
Approach for Using Probabilistic Risk
Assessment in Risk-Informed Decisions on Plant-
Specific Changes to the Licensing Basis,''
dated January 2018.
NRC letter, ``Point Beach Nuclear Plant, Units 1 ML23208A095.
and 2--Issuance of Amendment Nos. 273 and 275
Regarding Revising Licensing Basis to Address
Generic Safety Issue 191 and to Respond to
Generic Letter 2004-02 Using a Risk-Informed
Approach,'' dated August 28, 2023.
[[Page 61625]]
NextEra letter, ``Response to Generic Letter ML073230345.
2004-02, Potential Impact of Debris Blockage on
Emergency Recirculation During Design Basis
Accidents at Pressurized-Water Reactors'' (NRC
2007-0085), dated November 16, 2007.
NextEra letter, ``Updated Final Response to NRC ML17363A253.
Generic Letter 2004-02'' (NRC 2017-0045),
December 29, 2017.
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Dated: August 28, 2023.
For the Nuclear Regulatory Commission.
Victor G. Cusumano,
Acting Deputy Director, Division of Operating Reactor Licensing, Office
of Nuclear Reactor Regulation.
[FR Doc. 2023-19297 Filed 9-6-23; 8:45 am]
BILLING CODE 7590-01-P