[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Notices]
[Pages 62482-62483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29657]



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[[Page 62483]]


NUCLEAR REGULATORY COMMISSION

[Docket No. 50-317]


Baltimore Gas and Electric Company (Calvert Cliffs Nuclear Power 
Plant Unit No. 1); Exemption

I.

    Baltimore Gas and Electric Company (BGE or the licensee) is the 
holder of Facility Operating License No. DPR-53, which authorizes 
operation of Calvert Cliffs Nuclear Power Plant, Unit 1 (the facility/
CC-1), at a steady-state reactor power level not in excess of 2700 
megawatts thermal. The facility is a pressurized water reactor located 
at the licensee's site in Calvert County, Maryland. The license 
provides among other things, that it is subject to all rules, 
regulations, and orders of the U.S. Nuclear Regulatory Commission (the 
Commission or NRC) now or hereafter in effect.

II.

    By letter dated July 13, 1995, the licensee requested a temporary 
exemption to 10 CFR 50.44, 10 CFR 50.46, and Appendix K to 10 CFR Part 
50 that would enable the use of four lead fuel assemblies during CC-1 
Cycles 13, 14, and 15. These regulations refer to pressurized water 
reactors fueled with uranium oxide pellets within cylindrical zircaloy 
or ZIRLO cladding. The four lead fuel 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 reaction between the reactor coolant and reactor 
fuel having zircaloy or ZIRLO cladding, a temporary exemption is 
required to place the four lead fuel assemblies containing fuel rods 
with advanced zirconium based cladding in the core during CC-1 Cycles 
13, 14, and 15.

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 in order to assure reactor safety in 
the event of a loss of coolant accident. The licensee has performed a 
calculation demonstrating adequate ECCS performance for CC-1 and has 
shown that the four lead fuel assemblies do not have a significant 
impact on that previous calculation. The lead fuel assemblies, with the 
zirconium-based alloy cladding, meet the same design basis as the 
Zircaloy-4 fuel which is currently in the CC-1 reactor core and have 
similiar thermal-hydraulic characteristics. No safety limits will be 
changed or setpoints altered as a result of using the lead fuel 
assemblies.
    The Updated Final Safety Analysis Report (UFSAR) analysis are 
bounding for the lead fuel assemblies as well as the remainder of the 
core. The mechanical properties and behavior of the lead fuel 
assemblies during postulated loss-of-coolant-accidents (LOCA) and non-
LOCA transients and operational transients will be essentially the 
same. In addition, the four lead fuel assemblies represent a small 
portion of the total core and will be placed in non-limiting core 
locations which experience no more than 0.95 of the core power density 
during operation. 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 LOCA. 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 four lead fuel 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 reaction would not be significantly changed. As such, the 
licensee has achieved the underlying purpose of 10 CFR 50.44.
    In addition to the above, the advanced claddings have been tested 
for corrosion resistance, tensile and burst strength, and creep 
characteristics. The test results indicate that the advanced claddings 
are safe for reactor service under all the anticipated operating 
conditions considered in the CC-1 UFSAR.

IV.

    For the foregoing reasons, the NRC staff has concluded that the use 
of the four lead fuel assemblies in the CC-1 reactor during Cycles 13, 
14, and 15 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 the application of 10 CFR 
50.44, 10 CFR 50.46, and Appendix K to 10 CFR Part 50 to explicitly 
consider the advanced clad fuel rods present within the four lead fuel 
assemblies is not necessary in order to achieve the underlying purpose 
of these regulations.
    Accordingly, the Commission has determined that pursuant to 10 CFR 
50.12, a temporary 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 BGE a temporary 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 four lead fuel assemblies is not required 
in order to be in compliance with these regulations. This exemption 
applies only to the four lead fuel assemblies for the time period 
(Cycles 13, 14, and 15) for which these assemblies will be in the CC-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 56622).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 28th day of November 1995.

    For the Nuclear Regulatory Commission.
Steven A. Varga,
Director, Division of Reactor Projects--I/II, Office of Nuclear Reactor 
Regulation.
[FR Doc. 95-29657 Filed 12-5-95; 8:45 am]
BILLING CODE 7590-01-P