[Federal Register Volume 60, Number 201 (Wednesday, October 18, 1995)]
[Notices]
[Pages 53943-53944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25804]




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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-289]


GPU Nuclear Corporation, et al.; Three Mile Island Nuclear 
Station, Unit No. 1; Exemption

I

    GPU Nuclear Corporation (the licensee) is the holder of Facility 
Operating License No. DPR-50, which authorizes operation of Three Mile 
Island Nuclear Station, Unit No. 1 (TMI-1). The license provides, among 
other things, that the licensee be subject to all rules, regulations, 
and Orders of the Nuclear Regulatory Commission (the Commission) now or 
hereafter in effect.
    The facility consists of a pressurized water reactor at the 
licensee's site located in Dauphin County, Pennsylvania.
II
    By letter dated June 1, 1995, the licensee requested an exemption 
to 10 CFR 50.44, 10 CFR 50.46, and Appendix K to 10 CFR Part 50 that 
would enable the use of two demonstration assemblies during TMI-1 
Cycles 11, 12, and 13. These regulations refer to pressurized water 
reactors fueled with uranium oxide pellets within cylindrical zircaloy 
or ZIRLO cladding. The two demonstration assemblies to be used during 
these fuel cycles contain fuel rods with zirconium-based claddings that 
are not chemically identical to zircaloy or ZIRLO.
    Since 10 CFR 50.46 and Appendix K to 10 CFR Part 50 identify 
requirements for calculating emergency core cooling system (ECCS) 
performance for reactors containing fuel with zircaloy or ZIRLO 
cladding, and 10 CFR 50.44 relates to the generation of hydrogen gas 
from a metal-water reactor with reactor fuel having zircaloy or ZIRLO 
cladding, an exemption is required to place the two demonstration 
assemblies containing fuel rods with advanced zirconium based cladding 
in the core.
III
    Title 10 of the Code of Federal Regulations at 50.12(a)(2)(ii) 
enables the Commission to grant an exemption from the requirements of 
Part 50 when special circumstances are present such 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. The underlying purpose of 10 CFR 50.46 
and 10 CFR Part 50, Appendix K is to establish requirements for the 
calculation of ECCS performance. The licensee has performed a 
calculation demonstrating adequate ECCS performance for TMI-1 and has 
shown that the two demonstration assemblies do not have a significant 
impact on that previous calculation. As such, the licensee has achieved 
the underlying purpose of 10 CFR 50.46 and 10 CFR Part 50, Appendix K. 
The underlying purpose of 10 CFR 50.44 is to ensure that means are 
provided for the control of hydrogen gas that may be generated 
following a postulated loss-of-coolant accident. The licensee has 
provided means for controlling hydrogen gas and has previously 
considered the potential for hydrogen gas generation stemming from a 
metal-water reaction. The small number of fuel rods in the two 
demonstration assemblies containing advanced zirconium-based claddings 
in conjunction with the chemical similarity of the advanced claddings 
to zircaloy and ZIRLO ensures that previous calculations of hydrogen 
production resulting from a metal-water reactor would not be 
significantly changed. As such, the licensee has achieved the 
underlying purpose of 10 CFR 50.44.
    The two demonstration assemblies that will be placed in the TMI-1 
reactor during Cycles 11, 12, and 13 meet the same design bases as the 
fuel in the reactor during previous cycles. No safety limits or 
setpoints have been altered as result of the use of the two 
demonstration assemblies. The demonstration assemblies will be placed 
in core locations that will not experience limiting power peaking 
during Cycles 11, 12, or 13. The advanced claddings have been tested 
for corrosion resistance, tensile and burst strength, and creep 
characteristics. The results indicate that the advanced claddings are 
safe for reactor service.

[[Page 53944]]


IV
    For the foregoing reasons, the NRC staff has concluded that the use 
of the two demonstration assemblies in the TMI-1 reactor during Cycles 
11, 12, and 13 will not present an undue risk to public health and 
safety and is consistent with the common defense and security. The NRC 
staff has determined that there are special circumstances present as 
specified in 10 CFR 50.12(a)(2)(ii) such that application of 10 CFR 
50.46, 10 CFR Part 50, Appendix K, and 10 CFR 50.44 to explicitly 
consider the advanced clad fuel rods present within the two 
demonstration assemblies is not necessary in order to achieve the 
underlying purpose of these regulations.
    Accordingly, the Commisslon has determined that pursuant to 10 CFR 
50.12, an exemption is authorized by law and will not endanger life or 
property or common defense and security and is otherwise in the public 
interest, and hereby grants GPU Nuclear Corporation an exemption from 
the requirements of 10 CFR 50.44, 10 CFR 50.46, and Appendix K to 10 
CFR Part 50 in that explicit consideration of the advanced zirconium-
based clad fuel present within the two demonstration assemblies is not 
required in order to be in compliance with these regulations. This 
exemption applies only to the two demonstration assemblies for the time 
period (Cycles 11, 12, and 13) for which these assemblies will be in 
the TMI-1 reactor core.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will have no significant impact on the 
quality of the human environment (60 FR 34559).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland this 12th day of October 1995.

    For the Nuclear Regulatory Commission.
Steven A. Varga,
Director, Division of Reactor Projects--I/II, Office of Nuclear Reactor 
Regulation.
[FR Doc. 95-25804 Filed 10-17-95; 8:45 am]
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