Dominion Energy Nuclear Connecticut, Inc.; Millstone Power Station, Unit No. 3; Exemption, 46167-46170 [2024-11561]
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices
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III. Preliminary Findings on the
Application
NNA submitted acceptable
application for expansion of the NRTL
scope of recognition. OSHA’s review of
the application files, and pertinent
documentation, indicate that NNA can
meet the requirements prescribed by 29
CFR 1910.7 for expanding their
recognition to include the addition of
nineteen additional testing standards
and one additional testing site for NRTL
testing and certification. This
preliminary finding does not constitute
an interim or temporary approval of
NNA’s application. OSHA seeks
comment on this preliminary
determination.
IV. Public Participation
OSHA welcomes public comment as
to whether NNA meets the requirements
of 29 CFR 1910.7 for expansion of
recognition as a NRTL. Comments
should consist of pertinent written
documents and exhibits.
Commenters needing more time to
comment must submit a request in
writing, stating the reasons for the
request by the due date for comments.
OSHA will limit any extension to 10
days unless the requester justifies a
longer time period. OSHA may deny a
request for an extension if it is not
adequately justified.
To review copies of the exhibits
identified in this notice, as well as
comments submitted to the docket,
contact the Docket Office, Occupational
Safety and Health Administration, U.S.
Department of Labor. These materials
also are generally available online at
https://www.regulations.gov under
Docket No. OSHA–2013–0016 (for
further information, see the ‘‘Docket’’
heading in the section of this notice
titled ADDRESSES).
OSHA staff will review all comments
to the docket submitted in a timely
manner. After addressing the issues
raised by these comments, staff will
make a recommendation to the Assistant
Secretary of Labor for Occupational
Safety and Health on whether to grant
NNA’s application for expansion of the
scope of recognition. The Assistant
Secretary will make the final decision
on granting the application. In making
this decision, the Assistant Secretary
may undertake other proceedings
prescribed in Appendix A to 29 CFR
1910.7.
OSHA will publish a public notice of
the final decision in the Federal
Register.
V. Authority and Signature
James S. Frederick, Deputy Assistant
Secretary of Labor for Occupational
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Safety and Health, 200 Constitution
Avenue NW, Washington, DC 20210,
authorized the preparation of this
notice. Accordingly, the agency is
issuing this notice pursuant to Section
29 U.S.C. 657(g)(2), Secretary of Labor’s
Order No. 8–2020 (85 FR 58393; Sept.
18, 2020), and 29 CFR 1910.7.
Signed at Washington, DC, on May 20,
2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2024–11557 Filed 5–24–24; 8:45 am]
BILLING CODE 4510–26–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–423; NRC–2024–0102]
Dominion Energy Nuclear Connecticut,
Inc.; Millstone Power Station, Unit No.
3; Exemption
Nuclear Regulatory
Commission.
ACTION: Notice; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has issued an
exemption in response to an exemption
request from Dominion Energy Nuclear
Connecticut, Inc. (DENC, the licensee)
submitted by letter dated May 2, 2023.
DATES: The exemption was issued on
May 21, 2024.
ADDRESSES: Please refer to Docket ID
NRC–2024–0102 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–2024–0102. 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
SUMMARY:
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46167
referenced (if it is available in ADAMS)
is provided the first time that it is
mentioned in this document. The
request for the exemption was
submitted by letter dated May 2, 2023
(ADAMS Accession No. ML23123A279),
as supplemented by letter dated April 1,
2024 (ADAMS Accession No.
ML24093A216).
• 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:
Richard Guzman, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
1030; email: Richard.Guzman@nrc.gov.
SUPPLEMENTARY INFORMATION: The
licensee is the holder of Renewed
Facility Operating License No. NPF–49,
which authorizes operation of Millstone
Power Station, Unit No. 3 (Millstone 3),
a pressurized-water reactor. The license
provides, among other things, that the
facility is subject to all rules,
regulations, and orders of the NRC now
or hereafter in effect. By letter dated
May 2, 2023, as supplemented by letter
dated April 1, 2024, DENC requested an
exemption to section 50.46 of title 10 of
the Code of Federal Regulations (10
CFR), ‘‘Acceptance criteria for
emergency core cooling systems for
light-water nuclear power reactors,’’ and
10 CFR part 50, appendix K, ‘‘ECCS
[Emergency Core Cooling Systems]
Evaluation Models,’’ for Millstone 3.
The text of the exemption is attached.
Dated: May 21, 2024.
For the Nuclear Regulatory Commission.
Richard V. Guzman,
Senior Project Manager, Plant Licensing
Branch 1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
Attachment—Exemption
Nuclear Regulatory Commission
Docket No. 50–423
Dominion Energy Nuclear Connecticut,
Inc., Millstone Power Station, Unit No.
3; Exemption
I. Background
Dominion Energy Nuclear
Connecticut, Inc. (DENC, the licensee) is
the holder of Renewed Facility
Operating License No. NPF–49, which
authorizes operation of Millstone Power
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices
Station, Unit No. 3 (Millstone 3), a
pressurized-water reactor (PWR). The
license provides, among other things,
that the facility is subject to all rules,
regulations, and orders of the U.S.
Nuclear Regulatory Commission (NRC)
now or hereafter in effect.
Millstone 3 shares the site with
Millstone Power Station, Unit 1, a
permanently defueled boiling water
reactor nuclear unit, and Millstone
Power Station, Unit 2, a PWR. The
facility is located in Waterford,
Connecticut, approximately 3.2 miles
west southwest of New London,
Connecticut. This exemption applies to
Millstone 3 only. The other units, Units
1 and 2, are not covered by this
exemption.
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II. Request/Action
By letter dated May 2, 2023
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML23123A279), as
supplemented by letter dated April 1,
2024 (ML24093A216), DENC, 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,’’ and
part 50, Appendix K, ‘‘ECCS
[Emergency Core Cooling Systems]
Evaluation Models,’’ for Millstone 3.
This exemption request relates solely
to the specific types of cladding
materials for which 10 CFR 50.46 and
10 CFR part 50, Appendix K, are
expressly applicable, namely zircaloy
and ZIRLOTM. Since these regulations
specifically apply only to zircaloy and
ZIRLOTM, an exemption would be
required to apply them to fuel clad with
other materials, in this case Framatome
M5TM. Therefore, the licensee has
requested such an exemption to support
the introduction of Framatome GAIA
fuel with the M5TM cladding. The
proposed request would not exempt
Millstone 3 from other requirements of
10 CFR 50.46 or 10 CFR part 50,
appendix K, such as acceptance criteria,
evaluation model features and
documentation, and reporting of
changes or errors.
This exemption request is specific to
the M5TM cladding material exemption
request only. The technical analysis
necessary to support the use of M5TM
cladding in the Millstone 3 GAIA Small
Break and Large Break Loss-of-Coolant
Accident (SBLOCA and RLBLOCA)
evaluations under Framatome methods
is documented in a separate safety
evaluation for the related license
amendment request (ML24109A003).
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III. Discussion
Pursuant to 10 CFR 50.12, the licensee
requested an exemption from the
requirements of 10 CFR 50.46, and
appendix K to 10 CFR part 50. The
proposed exemption request would
permit application of the requirements
of 10 CFR 50.46 and appendix K to 10
CFR part 50 to fuel assemblies
containing fuel rods fabricated with
M5TM cladding material at Millstone 3.
The technical basis for the use of fuel
clad with M5TM in PWRs is documented
in Topical Report (TR) BAW–10227P–A,
Revision 1, ‘‘Evaluation of Advanced
Cladding and Structural Material (M5)
in PWR Reactor Fuel,’’ dated June 2003
(ADAMS Package No. ML15162B043).
This TR describes Framatome’s
evaluation for the use of the M5TM alloy
in PWR fuel assemblies as a
replacement for Zircaloy-4. This TR
discusses material properties of M5TM,
as well as its behavior under normal
operation, anticipated transients, and
postulated accident conditions.
The regulation in 10 CFR
50.46(a)(1)(i) requires, in part, that each
boiling or pressurized light-water
nuclear power reactor fueled with
uranium oxide pellets within
cylindrical zircaloy or ZIRLOTM
cladding must be provided with an
ECCS that must be designed so that its
calculated cooling performance
following postulated loss-of-coolant
accidents conforms to the criteria set
forth in 10 CFR 50.46(b). Since 10 CFR
50.46 specifically refers to fuel with
zircaloy or ZIRLOTM cladding, the use of
fuel with M5TM cladding requires an
exemption from this section of the
regulations.
Paragraph I.A.5, ‘‘Metal—Water
Reaction Rate,’’ of appendix K to 10 CFR
part 50 requires the Baker-Just equation
be used in the ECCS evaluation model
to determine the rate of energy release,
hydrogen generation, and cladding
oxidation. The requirement for using the
Baker-Just equation in appendix K
conformant loss-of-coolant accident
(LOCA) evaluation models presume use
of zircaloy- or ZIRLOTM-clad fuel rods.
Therefore, application of 10 CFR part
50, appendix K to cladding materials
other than zircaloy or ZIRLOTM also
requires an exemption. 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 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.
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Under 10 CFR 50.12(a)(2)(ii), 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 use
of M5TM cladding at Millstone 3 for
GAIA SBLOCA and RLBLOCA analyses
performed using Framatome (FRM)
methods, instead of zircaloy or
ZIRLOTM cladding. Selection of a
specific cladding material in 10 CFR 50,
appendix K 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 part 50,
appendix K related to M5TM 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
The 10 CFR 50.46 requirements
establish acceptance criteria for ECCS
performance for reactors fueled with
zircaloy or ZIRLO cladding during a
LOCA. The technical basis for the use of
fuel clad with M5TM in PWRs is
documented in NRC-approved TR
BAW–10227P–A, Revision 1,
‘‘Evaluation of Advanced Cladding and
Structural Material (M5) in PWR Reactor
Fuel,’’ dated June 2003 (ADAMS
Package No. ML15162B043). In this TR,
Framatome demonstrated that the
effectiveness of the ECCS will not be
affected by a change from zircaloy or
ZIRLO fuel rod cladding to M5TM fuel
rod cladding. The analysis described in
the TR demonstrated that the ECCS
acceptance criteria applied to reactors
fueled with zircaloy or ZIRLO clad fuel
are also applicable to reactors fueled
with M5TM fuel rod cladding.
Paragraph I.A.5 of appendix K to 10
CFR 50 requires that the Baker-Just
equation be used in the ECCS evaluation
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models to determine the rate of energy
release, cladding oxidation, and
hydrogen generation. In the NRCapproved TR BAW–10227–P–A,
Revision 1, Framatome demonstrated
that the Baker-Just model is
conservative in the postulated LOCA
scenarios with respect to the use of the
M5TM alloy as a fuel rod cladding
material. The Baker-Just equation is
used to calculate cladding oxidation for
the SBLOCA methodologies in the NRCapproved TR EMF–2328–P–A, Revision
0 (ML011410383) for fuel with M5TM
cladding. The SBLOCA analysis
(Attachments 3 and 4 in the licensee’s
May 2, 2023, letter) using the
methodologies in TR EMF–2328–P–A,
Revision 0 for Millstone 3 demonstrated
that the amount of hydrogen generated
in an M5-clad core meets the 10 CFR
50.46 criteria.
The NRC staff has reviewed the
SBLOCA and RLBLOCA analyses in
Attachments 3 through 6 in the
licensee’s May 2, 2023, letter, and
concluded in a safety evaluation
(ML24109A003) that the LOCA analyses
meet the applicable acceptance criteria,
confirming that the use of M5TM fuel
cladding at Millstone 3 would not result
in an increase in the consequences of
postulated LOCAs beyond the required
limits. Based on these reviews, the NRC
staff concludes that the exemption
presents no undue risk to public health
and safety.
C. The Exemption Is Consistent With the
Common Defense and Security
The proposed exemption will allow
the licensee to use M5TM fuel rod
cladding material, an improved fuel rod
cladding material relative to the zircaloy
material for which the requirements of
10 CFR 50.46 and 10 CFR part 50,
appendix K were originally established.
In its letter dated May 2, 2023, the
licensee stated that the M5TM fuel rod
cladding material is similar in design to
the current cladding material used in
Millstone 3. The change in cladding
material will not result in any changes
to the security aspects associated with
control of special nuclear material and
is unrelated to other security issues. In
addition to its review of the exemption
request, the NRC staff’s technical
analysis necessary to support the use of
M5TM cladding in the Millstone 3 GAIA
SBLOCA and RLBLOCA evaluations
under Framatome methods is
documented in a separate safety
evaluation for the related license
amendment request (ML24109A003).
Based on these reviews, the NRC staff
concludes that the use of M5TM fuel rod
cladding at Millstone 3 will not
significantly affect plant operations and
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18:43 May 24, 2024
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is therefore consistent with the common
defense and security.
D. Special Circumstances
Special circumstances, in accordance
with 10 CFR 50.12(a)(2)(ii), are present
whenever application of the regulation
in the circumstances would not serve
the purpose of the rule or is not
necessary to achieve the purpose of the
rule.
The underlying purpose of 10 CFR
50.46 and appendix K to 10 CFR part 50
is to establish acceptance criteria for
ECCS performance to provide
reasonable assurance of safety in the
event of a LOCA. Although the
regulations in 10 CFR 50.46 and
appendix K to 10 CFR part 50 are not
expressly applicable to M5TM fuel rod
cladding, the evaluations described in
the above section show that the purpose
of the regulations are met by this
exemption; specifically, the NRCapproved topical report (TR) BAW–
10227–A, Revision 1 demonstrated that
the effectiveness of the ECCS will not be
affected by a change from zircaloy or
ZIRLO fuel rod cladding to M5TM fuel
rod cladding and that that the ECCS
acceptance criteria applied to reactors
fueled with zircaloy or ZIRLO clad fuel
are also applicable to reactors fueled
with M5TM fuel rod cladding.
Paragraph I.A.5 of appendix K to 10
CFR 50 requires that the Baker-Just
equation be used in the ECCS EMs to
determine the rate of energy release,
cladding oxidation, and hydrogen
generation. The NRC-approved TR
BAW–10227–P–A, Revision 1
demonstrated that the Baker-Just model
is conservative in the postulated LOCA
scenarios with respect to the use of the
M5TM alloy as a fuel rod cladding
material.
Neither 10 CFR 50.46 acceptance
criteria nor the 10 CFR 50 appendix K
requirements for use of the Baker-Just
equation in the ECCS EMs allows the
use of M5TM fuel rod cladding material,
even though the analysis demonstrated
that applying the zircaloy or ZIRLO
criteria to M5TM fuel produces
acceptable results. Application of the
regulatory requirements of 10 CFR 50.46
and 10 CFR 50 appendix K in this
circumstance is not necessary to achieve
the purpose of the rule. The purpose of
these regulations is achieved through
the application of the requirements to
the use M5TM fuel rod cladding
material. Therefore, the NRC staff
determines that special circumstances
for granting of an exemption, defined in
10 CFR 50.12(a)(2)(ii), exist.
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46169
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)
because it is related to a requirement
concerning the installation or use of a
facility component located within the
restricted area, as defined in 10 CFR
part 20, and issuance of this exemption
involves: (i) no significant hazards
consideration; (ii) no significant change
in the types or a significant increase in
the amounts of any effluents that may be
released offsite; and (iii) no significant
increase in individual or cumulative
occupational radiation exposure.
Therefore, in accordance with 10 CFR
51.22(b), no environmental impact
statement or environmental assessment
need be prepared in connection with the
NRC’s consideration of this exemption
request. The basis for the NRC staff’s
determination is discussed as follows
with an evaluation against each of the
requirements in 10 CFR 51.22(c)(9)(i)–
(iii).
Requirements in 10 CFR 51.22(c)(9)(i)
The NRC evaluated whether the
exemption involves no significant
hazards consideration using the
standards described in 10 CFR 50.92(c),
as presented below:
1. Does the proposed exemption
involve a significant increase in the
probability or consequences of an
accident previously evaluated?
Response: No.
The proposed exemption would allow
the use of M5TM cladding at Millstone
3 for GAIA SBLOCA and RLBLOCA
analyses performed using FRM
methods. The NRC approved topical
reports cited above demonstrate that
M5TM cladding has similar properties as
the currently licensed Zircaloy. The fuel
cladding itself is not a postulated
initiator of previously evaluated
accidents; thus, fuel cladding material
does not affect the probability of
occurrence of any accident. The
consequences of none of the previously
evaluated accidents were affected by
fuel cladding material, and M5TM fuel
cladding, likewise, is not expected to
have any effect on the consequences of
any previously evaluated accidents.
Therefore, the proposed exemption
does not involve a significant increase
in the probability or consequences of an
accident previously evaluated.
2. Does the proposed exemption
create the possibility of a new or
different kind of accident from any
accident previously evaluated?
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Response: No.
The use of M5TM fuel rod cladding
material will not result in changes in the
operation or configuration of the
facility. The above cited topical reports
demonstrated that the material
properties of M5TM cladding are similar
to those of standard Zircaloy. Therefore,
M5TM fuel cladding material will
perform similarly to those fabricated
from standard Zircaloy. The fuel
cladding itself is not a postulated
initiator of previously evaluated
accidents and does not create the
possibility of a new or different kind of
accident.
Therefore, the proposed exemption
does not create the possibility of a new
or different kind of accident from any
previously evaluated.
3. Does the proposed exemption
involve a significant reduction in a
margin of safety.
Response: No.
The proposed exemption will not
involve a significant reduction in the
margin of safety because it has been
demonstrated that the material
properties of the M5TM cladding is not
significantly different from those of the
standard Zircaloy. M5TM fuel cladding
material is expected to perform
similarly to standard Zircaloy for all
normal operating and accident
scenarios. Use of M5TM cladding does
not require changing any of the current
regulatory acceptance criteria, or
relaxation of the methods of analysis.
Therefore, the proposed exemption
does not involve a significant reduction
in a margin of safety.
Based on the above evaluation of the
standards set forth in 10 CFR 50.92(c),
the NRC staff concludes that the
proposed exemption involves no
significant hazards consideration.
Accordingly, the requirements of 10
CFR 51.22(c)(9)(i) are met.
Requirements in 10 CFR 51.22(c)(9)(ii)
The proposed exemption would allow
the use of M5TM cladding at Millstone
3 for GAIA SBLOCA and RLBLOCA
analyses performed using FRM
methods. M5TM cladding has similar
properties and performance
characteristics as the currently licensed
Zircaloy cladding. Thus, the use of
M5TM fuel cladding material will not
significantly increase the amount of
effluents that may be released offsite.
Therefore, the requirements of 10 CFR
51.22(c)(9)(ii) are met.
Requirements in 10 CFR 51.22(c)(9)(iii)
The proposed exemption would allow
the use of M5TM cladding at Millstone
3 for GAIA SBLOCA and RLBLOCA
analyses performed using FRM
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methods. M5TM cladding has similar
properties and performance
characteristics as the currently licensed
Zircaloy cladding. Thus, the use of
M5TM fuel cladding material will not
significantly increase individual
occupational radiation exposure, or
significantly increase cumulative
occupational radiation exposure.
Therefore, the requirements of 10 CFR
51.22(c)(9)(iii) are met.
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 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 DENC an
exemption from the requirements of 10
CFR 50.46 and 10 CFR part 50,
appendix K. The proposed exemption
request would permit application of the
requirements of 10 CFR 50.46 and
appendix K to fuel rod cladding with
M5TM at Millstone 3. As stated above,
this exemption relates solely to the
cladding material specified in these
regulations.
Dated at Rockville, Maryland, this 21st day
of May, 2024.
For the Nuclear Regulatory Commission.
Jamie Pelton,
Deputy Director, Division of Operating
Reactor Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2024–11561 Filed 5–24–24; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–213 and 72–39; NRC–2024–
0093]
Connecticut Yankee Atomic Power
Company; Haddam Neck Plant;
Environmental Assessment and
Finding of No Significant Impact
Nuclear Regulatory
Commission.
ACTION: Notice; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
SUMMARY:
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Sfmt 4703
issuance of an exemption in response to
the April 24, 2023, request from
Connecticut Yankee Atomic Power
Company (CYAPCO), for the Haddam
Neck Plant (HNP or Haddam Neck)
located in East Hampton, Connecticut.
The proposed exemption from NRC
regulations, if granted, would permit
CYAPCO to make withdrawals from a
segregated account within Haddam
Neck’s overall nuclear decommissioning
trust (NDT), on an annual basis, for
spent nuclear fuel (SNF) and Greater
than Class C (GTCC) waste management
and non-radiological site restoration
without prior notification to the NRC.
The NRC staff is issuing an
environmental assessment (EA) and
finding of no significant impact (FONSI)
associated with the proposed
exemption.
DATES: The EA and FONSI referenced in
this document are available on May 28,
2024.
ADDRESSES: Please refer to Docket ID
NRC–2024–0093 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–2024–0093. 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.
• 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
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except Federal holidays.
E:\FR\FM\28MYN1.SGM
28MYN1
Agencies
[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46167-46170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11561]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-423; NRC-2024-0102]
Dominion Energy Nuclear Connecticut, Inc.; Millstone Power
Station, Unit No. 3; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an
exemption in response to an exemption request from Dominion Energy
Nuclear Connecticut, Inc. (DENC, the licensee) submitted by letter
dated May 2, 2023.
DATES: The exemption was issued on May 21, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0102 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-2024-0102. 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. The request for the
exemption was submitted by letter dated May 2, 2023 (ADAMS Accession
No. ML23123A279), as supplemented by letter dated April 1, 2024 (ADAMS
Accession No. ML24093A216).
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: Richard Guzman, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-1030; email: [email protected].
SUPPLEMENTARY INFORMATION: The licensee is the holder of Renewed
Facility Operating License No. NPF-49, which authorizes operation of
Millstone Power Station, Unit No. 3 (Millstone 3), a pressurized-water
reactor. The license provides, among other things, that the facility is
subject to all rules, regulations, and orders of the NRC now or
hereafter in effect. By letter dated May 2, 2023, as supplemented by
letter dated April 1, 2024, DENC requested an exemption to section
50.46 of title 10 of the Code of Federal Regulations (10 CFR),
``Acceptance criteria for emergency core cooling systems for light-
water nuclear power reactors,'' and 10 CFR part 50, appendix K, ``ECCS
[Emergency Core Cooling Systems] Evaluation Models,'' for Millstone 3.
The text of the exemption is attached.
Dated: May 21, 2024.
For the Nuclear Regulatory Commission.
Richard V. Guzman,
Senior Project Manager, Plant Licensing Branch 1, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption
Nuclear Regulatory Commission
Docket No. 50-423
Dominion Energy Nuclear Connecticut, Inc., Millstone Power Station,
Unit No. 3; Exemption
I. Background
Dominion Energy Nuclear Connecticut, Inc. (DENC, the licensee) is
the holder of Renewed Facility Operating License No. NPF-49, which
authorizes operation of Millstone Power
[[Page 46168]]
Station, Unit No. 3 (Millstone 3), a pressurized-water reactor (PWR).
The license provides, among other things, that the facility is subject
to all rules, regulations, and orders of the U.S. Nuclear Regulatory
Commission (NRC) now or hereafter in effect.
Millstone 3 shares the site with Millstone Power Station, Unit 1, a
permanently defueled boiling water reactor nuclear unit, and Millstone
Power Station, Unit 2, a PWR. The facility is located in Waterford,
Connecticut, approximately 3.2 miles west southwest of New London,
Connecticut. This exemption applies to Millstone 3 only. The other
units, Units 1 and 2, are not covered by this exemption.
II. Request/Action
By letter dated May 2, 2023 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML23123A279), as supplemented
by letter dated April 1, 2024 (ML24093A216), DENC, 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,'' and part 50, Appendix
K, ``ECCS [Emergency Core Cooling Systems] Evaluation Models,'' for
Millstone 3.
This exemption request relates solely to the specific types of
cladding materials for which 10 CFR 50.46 and 10 CFR part 50, Appendix
K, are expressly applicable, namely zircaloy and ZIRLOTM.
Since these regulations specifically apply only to zircaloy and
ZIRLOTM, an exemption would be required to apply them to
fuel clad with other materials, in this case Framatome M5\TM\.
Therefore, the licensee has requested such an exemption to support the
introduction of Framatome GAIA fuel with the M5\TM\ cladding. The
proposed request would not exempt Millstone 3 from other requirements
of 10 CFR 50.46 or 10 CFR part 50, appendix K, such as acceptance
criteria, evaluation model features and documentation, and reporting of
changes or errors.
This exemption request is specific to the M5\TM\ cladding material
exemption request only. The technical analysis necessary to support the
use of M5\TM\ cladding in the Millstone 3 GAIA Small Break and Large
Break Loss-of-Coolant Accident (SBLOCA and RLBLOCA) evaluations under
Framatome methods is documented in a separate safety evaluation for the
related license amendment request (ML24109A003).
III. Discussion
Pursuant to 10 CFR 50.12, the licensee requested an exemption from
the requirements of 10 CFR 50.46, and appendix K to 10 CFR part 50. The
proposed exemption request would permit application of the requirements
of 10 CFR 50.46 and appendix K to 10 CFR part 50 to fuel assemblies
containing fuel rods fabricated with M5\TM\ cladding material at
Millstone 3.
The technical basis for the use of fuel clad with M5\TM\ in PWRs is
documented in Topical Report (TR) BAW-10227P-A, Revision 1,
``Evaluation of Advanced Cladding and Structural Material (M5) in PWR
Reactor Fuel,'' dated June 2003 (ADAMS Package No. ML15162B043).
This TR describes Framatome's evaluation for the use of the M5\TM\
alloy in PWR fuel assemblies as a replacement for Zircaloy-4. This TR
discusses material properties of M5\TM\, as well as its behavior under
normal operation, anticipated transients, and postulated accident
conditions.
The regulation in 10 CFR 50.46(a)(1)(i) requires, in part, that
each boiling or pressurized light-water nuclear power reactor fueled
with uranium oxide pellets within cylindrical zircaloy or ZIRLO\TM\
cladding must be provided with an ECCS that must be designed so that
its calculated cooling performance following postulated loss-of-coolant
accidents conforms to the criteria set forth in 10 CFR 50.46(b). Since
10 CFR 50.46 specifically refers to fuel with zircaloy or
ZIRLOTM cladding, the use of fuel with M5TM
cladding requires an exemption from this section of the regulations.
Paragraph I.A.5, ``Metal--Water Reaction Rate,'' of appendix K to
10 CFR part 50 requires the Baker-Just equation be used in the ECCS
evaluation model to determine the rate of energy release, hydrogen
generation, and cladding oxidation. The requirement for using the
Baker-Just equation in appendix K conformant loss-of-coolant accident
(LOCA) evaluation models presume use of zircaloy- or
ZIRLOTM-clad fuel rods. Therefore, application of 10 CFR
part 50, appendix K to cladding materials other than zircaloy or
ZIRLOTM also requires an exemption. 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 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)(ii), 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 use of M5\TM\ cladding at Millstone
3 for GAIA SBLOCA and RLBLOCA analyses performed using Framatome (FRM)
methods, instead of zircaloy or ZIRLO\TM\ cladding. Selection of a
specific cladding material in 10 CFR 50, appendix K 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 part 50, appendix K related to
M5\TM\ 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
The 10 CFR 50.46 requirements establish acceptance criteria for
ECCS performance for reactors fueled with zircaloy or ZIRLO cladding
during a LOCA. The technical basis for the use of fuel clad with M5\TM\
in PWRs is documented in NRC-approved TR BAW-10227P-A, Revision 1,
``Evaluation of Advanced Cladding and Structural Material (M5) in PWR
Reactor Fuel,'' dated June 2003 (ADAMS Package No. ML15162B043). In
this TR, Framatome demonstrated that the effectiveness of the ECCS will
not be affected by a change from zircaloy or ZIRLO fuel rod cladding to
M5\TM\ fuel rod cladding. The analysis described in the TR demonstrated
that the ECCS acceptance criteria applied to reactors fueled with
zircaloy or ZIRLO clad fuel are also applicable to reactors fueled with
M5\TM\ fuel rod cladding.
Paragraph I.A.5 of appendix K to 10 CFR 50 requires that the Baker-
Just equation be used in the ECCS evaluation
[[Page 46169]]
models to determine the rate of energy release, cladding oxidation, and
hydrogen generation. In the NRC-approved TR BAW-10227-P-A, Revision 1,
Framatome demonstrated that the Baker-Just model is conservative in the
postulated LOCA scenarios with respect to the use of the M5\TM\ alloy
as a fuel rod cladding material. The Baker-Just equation is used to
calculate cladding oxidation for the SBLOCA methodologies in the NRC-
approved TR EMF-2328-P-A, Revision 0 (ML011410383) for fuel with M5\TM\
cladding. The SBLOCA analysis (Attachments 3 and 4 in the licensee's
May 2, 2023, letter) using the methodologies in TR EMF-2328-P-A,
Revision 0 for Millstone 3 demonstrated that the amount of hydrogen
generated in an M5-clad core meets the 10 CFR 50.46 criteria.
The NRC staff has reviewed the SBLOCA and RLBLOCA analyses in
Attachments 3 through 6 in the licensee's May 2, 2023, letter, and
concluded in a safety evaluation (ML24109A003) that the LOCA analyses
meet the applicable acceptance criteria, confirming that the use of
M5\TM\ fuel cladding at Millstone 3 would not result in an increase in
the consequences of postulated LOCAs beyond the required limits. Based
on these reviews, the NRC staff concludes that the exemption presents
no undue risk to public health and safety.
C. The Exemption Is Consistent With the Common Defense and Security
The proposed exemption will allow the licensee to use M5\TM\ fuel
rod cladding material, an improved fuel rod cladding material relative
to the zircaloy material for which the requirements of 10 CFR 50.46 and
10 CFR part 50, appendix K were originally established. In its letter
dated May 2, 2023, the licensee stated that the M5\TM\ fuel rod
cladding material is similar in design to the current cladding material
used in Millstone 3. The change in cladding material will not result in
any changes to the security aspects associated with control of special
nuclear material and is unrelated to other security issues. In addition
to its review of the exemption request, the NRC staff's technical
analysis necessary to support the use of M5\TM\ cladding in the
Millstone 3 GAIA SBLOCA and RLBLOCA evaluations under Framatome methods
is documented in a separate safety evaluation for the related license
amendment request (ML24109A003). Based on these reviews, the NRC staff
concludes that the use of M5\TM\ fuel rod cladding at Millstone 3 will
not significantly affect plant operations and is therefore consistent
with the common defense and security.
D. Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii),
are present whenever application of the regulation in the circumstances
would not serve the purpose of the rule or is not necessary to achieve
the purpose of the rule.
The underlying purpose of 10 CFR 50.46 and appendix K to 10 CFR
part 50 is to establish acceptance criteria for ECCS performance to
provide reasonable assurance of safety in the event of a LOCA. Although
the regulations in 10 CFR 50.46 and appendix K to 10 CFR part 50 are
not expressly applicable to M5\TM\ fuel rod cladding, the evaluations
described in the above section show that the purpose of the regulations
are met by this exemption; specifically, the NRC-approved topical
report (TR) BAW-10227-A, Revision 1 demonstrated that the effectiveness
of the ECCS will not be affected by a change from zircaloy or ZIRLO
fuel rod cladding to M5\TM\ fuel rod cladding and that that the ECCS
acceptance criteria applied to reactors fueled with zircaloy or ZIRLO
clad fuel are also applicable to reactors fueled with M5\TM\ fuel rod
cladding.
Paragraph I.A.5 of appendix K to 10 CFR 50 requires that the Baker-
Just equation be used in the ECCS EMs to determine the rate of energy
release, cladding oxidation, and hydrogen generation. The NRC-approved
TR BAW-10227-P-A, Revision 1 demonstrated that the Baker-Just model is
conservative in the postulated LOCA scenarios with respect to the use
of the M5\TM\ alloy as a fuel rod cladding material.
Neither 10 CFR 50.46 acceptance criteria nor the 10 CFR 50 appendix
K requirements for use of the Baker-Just equation in the ECCS EMs
allows the use of M5\TM\ fuel rod cladding material, even though the
analysis demonstrated that applying the zircaloy or ZIRLO criteria to
M5\TM\ fuel produces acceptable results. Application of the regulatory
requirements of 10 CFR 50.46 and 10 CFR 50 appendix K in this
circumstance is not necessary to achieve the purpose of the rule. The
purpose of these regulations is achieved through the application of the
requirements to the use M5\TM\ fuel rod cladding material. Therefore,
the NRC staff determines that special circumstances for granting of an
exemption, defined in 10 CFR 50.12(a)(2)(ii), exist.
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) because it is related to a requirement
concerning the installation or use of a facility component located
within the restricted area, as defined in 10 CFR part 20, and issuance
of this exemption involves: (i) no significant hazards consideration;
(ii) no significant change in the types or a significant increase in
the amounts of any effluents that may be released offsite; and (iii) no
significant increase in individual or cumulative occupational radiation
exposure. Therefore, in accordance with 10 CFR 51.22(b), no
environmental impact statement or environmental assessment need be
prepared in connection with the NRC's consideration of this exemption
request. The basis for the NRC staff's determination is discussed as
follows with an evaluation against each of the requirements in 10 CFR
51.22(c)(9)(i)-(iii).
Requirements in 10 CFR 51.22(c)(9)(i)
The NRC evaluated whether the exemption involves no significant
hazards consideration using the standards described in 10 CFR 50.92(c),
as presented below:
1. Does the proposed exemption involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed exemption would allow the use of M5\TM\ cladding at
Millstone 3 for GAIA SBLOCA and RLBLOCA analyses performed using FRM
methods. The NRC approved topical reports cited above demonstrate that
M5\TM\ cladding has similar properties as the currently licensed
Zircaloy. The fuel cladding itself is not a postulated initiator of
previously evaluated accidents; thus, fuel cladding material does not
affect the probability of occurrence of any accident. The consequences
of none of the previously evaluated accidents were affected by fuel
cladding material, and M5\TM\ fuel cladding, likewise, is not expected
to have any effect on the consequences of any previously evaluated
accidents.
Therefore, the proposed exemption does not involve a significant
increase in the probability or consequences of an accident previously
evaluated.
2. Does the proposed exemption create the possibility of a new or
different kind of accident from any accident previously evaluated?
[[Page 46170]]
Response: No.
The use of M5\TM\ fuel rod cladding material will not result in
changes in the operation or configuration of the facility. The above
cited topical reports demonstrated that the material properties of
M5\TM\ cladding are similar to those of standard Zircaloy. Therefore,
M5\TM\ fuel cladding material will perform similarly to those
fabricated from standard Zircaloy. The fuel cladding itself is not a
postulated initiator of previously evaluated accidents and does not
create the possibility of a new or different kind of accident.
Therefore, the proposed exemption does not create the possibility
of a new or different kind of accident from any previously evaluated.
3. Does the proposed exemption involve a significant reduction in a
margin of safety.
Response: No.
The proposed exemption will not involve a significant reduction in
the margin of safety because it has been demonstrated that the material
properties of the M5\TM\ cladding is not significantly different from
those of the standard Zircaloy. M5\TM\ fuel cladding material is
expected to perform similarly to standard Zircaloy for all normal
operating and accident scenarios. Use of M5\TM\ cladding does not
require changing any of the current regulatory acceptance criteria, or
relaxation of the methods of analysis.
Therefore, the proposed exemption does not involve a significant
reduction in a margin of safety.
Based on the above evaluation of the standards set forth in 10 CFR
50.92(c), the NRC staff concludes that the proposed exemption involves
no significant hazards consideration. Accordingly, the requirements of
10 CFR 51.22(c)(9)(i) are met.
Requirements in 10 CFR 51.22(c)(9)(ii)
The proposed exemption would allow the use of M5\TM\ cladding at
Millstone 3 for GAIA SBLOCA and RLBLOCA analyses performed using FRM
methods. M5\TM\ cladding has similar properties and performance
characteristics as the currently licensed Zircaloy cladding. Thus, the
use of M5\TM\ fuel cladding material will not significantly increase
the amount of effluents that may be released offsite. Therefore, the
requirements of 10 CFR 51.22(c)(9)(ii) are met.
Requirements in 10 CFR 51.22(c)(9)(iii)
The proposed exemption would allow the use of M5\TM\ cladding at
Millstone 3 for GAIA SBLOCA and RLBLOCA analyses performed using FRM
methods. M5\TM\ cladding has similar properties and performance
characteristics as the currently licensed Zircaloy cladding. Thus, the
use of M5\TM\ fuel cladding material will not significantly increase
individual occupational radiation exposure, or significantly increase
cumulative occupational radiation exposure. Therefore, the requirements
of 10 CFR 51.22(c)(9)(iii) are met.
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 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 DENC an exemption from the
requirements of 10 CFR 50.46 and 10 CFR part 50, appendix K. The
proposed exemption request would permit application of the requirements
of 10 CFR 50.46 and appendix K to fuel rod cladding with M5\TM\ at
Millstone 3. As stated above, this exemption relates solely to the
cladding material specified in these regulations.
Dated at Rockville, Maryland, this 21st day of May, 2024.
For the Nuclear Regulatory Commission.
Jamie Pelton,
Deputy Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2024-11561 Filed 5-24-24; 8:45 am]
BILLING CODE 7590-01-P