[Federal Register Volume 65, Number 62 (Thursday, March 30, 2000)]
[Notices]
[Pages 16968-16969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7832]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-269, 50-270, and 50-287]


Duke Energy Corporation (Oconee Nuclear Station, Units 1, 2, and 
3); Exemption

I

    The Duke Energy Corporation (Duke/the licensee) is the holder of 
Facility Operating License Nos. DPR-38, DPR-47, and DPR-55, that 
authorize operation of the Oconee Nuclear Station, Units 1, 2, and 3 
(Oconee), respectively. The licenses provide, among other things, that 
the facilities are subject to all rules, regulations, and orders of the 
U.S. Nuclear Regulatory

[[Page 16969]]

Commission (the Commission) now or hereafter in effect.
    The facilities consist of pressurized water reactors located on 
Duke's Oconee site in Seneca, Oconee County, South Carolina.

II

    The proposed action is in accordance with the licensee's 
application for exemption contained in a submittal dated September 15, 
1999, and is needed to allow the use of Framatome Cogema Fuels (FCF) 
``M5'' advanced alloy as a fuel rod cladding material. This exemption 
is necessary since the chemical composition of M5 differs from the 
Zircaloy and ZIRLO cladding material specified in 10 CFR 50.44, 10 CFR 
50.46, and Appendix K of 10 CFR Part 50. These regulations contain 
acceptance and analytical criteria regarding the light water nuclear 
reactor system performance during and following a postulated loss-of-
coolant accident (LOCA). These regulations assume the use of only two 
types of fuel cladding material, Zircaloy and ZIRLO. However, the 
licensee has requested use of FCF M5 advanced alloy for fuel rod 
cladding at Oconee. The M5 alloy is a proprietary zirconium-based alloy 
comprised of primarily zirconium (99 percent) and niobium 
(1 percent). The elimination of tin has resulted in 
superior corrosion resistance and reduced irradiation-induced growth 
relative to both standard Zircaloy (1.7 percent tin) and low-tin 
Zircaloy (1.2 percent tin). The addition of niobium increases 
ductility, which is desirable to avoid brittle failures. Since the 
chemical composition of the M5 alloy differs from the specifications 
for Zircaloy or ZIRLO, a plant specific exemption is required to allow 
the use of the M5 alloy as a fuel cladding material at Oconee.

III

    Section 50.12 of Title 10 of the Code of Federal Regulations, 
``Specific Exemptions,'' states, among other items, that the Commission 
may, upon application by any interested person or upon its own 
initiative, grant exemptions from the requirements of the regulations 
of this part, which 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. The Commission will not consider granting 
an exemption unless special circumstances are present. Special 
circumstances are present where application of the regulation in the 
particular circumstances would not serve the underlying purpose of the 
rule or is not necessary to achieve the underlying purpose of the rule.
    The underlying purpose of 10 CFR 50.46 is to ensure that facilities 
have adequate acceptance criteria for emergency core cooling systems 
(ECCS). In its topical report BAW-10227-P, ``Evaluation of Advanced 
Cladding and Structural Material (M5) in PWR Reactor Fuel,'' FCF 
demonstrated that the ECCS acceptance criteria applied to reactors 
fueled with Zircaloy clad fuel are also applicable to reactors fueled 
with M5 fuel rod cladding. The topical report (which was approved by 
the staff on February 4, 2000) also showed that the M5 fuel cladding 
was capable of satisfying this design and acceptance criteria. 
Therefore, the underlying purpose of 10 CFR 50.46 is achieved through 
the use of M5 as a fuel rod cladding material.
    The underlying purposes of 10 CFR 50.44 and Appendix K to 10 CFR 
Part 50, paragraph I.A.5, are to ensure that the cladding oxidation and 
hydrogen generation are appropriately limited during a LOCA and 
conservatively accounted for in the ECCS evaluation model. 
Specifically, Appendix K requires that the Baker-Just equation (which 
assumes zirconium as the cladding material) be used in the ECCS 
evaluation model to determine the rate of energy release, hydrogen 
generation, and cladding oxidation from the metal/water reaction. In 
their topical report, FCF demonstrated that the Baker-Just model is 
conservative in all post-LOCA scenarios with respect to the use of M5 
advanced alloy as a fuel rod cladding material. Therefore, the 
underlying purposes of 10 CFR 50.44 and 10 CFR Part 50 Appendix K, 
paragraph I.A.5 are achieved through the use of M5 as a fuel rod 
cladding material.
    Because there are properties of M5 that differ from the 
specifications for Zircaloy or ZIRLO, which are referenced in the 
regulations, the staff has determined that an exemption would be 
required to allow the use of M5 as a fuel rod cladding material. The 
proposed action would not exempt the licensee from complying with the 
acceptance and analytical criteria of 10 CFR 50.44, 10 CFR 50.46 and 
Appendix K to 10 CFR Part 50 applicable to the cladding. The exemption 
would only allow the application of the criteria set forth in these 
regulations to the M5 cladding material.
    Since the acceptance and analytical criteria set forth in the 
applicable regulations would continue to be applicable to the M5 fuel 
cladding, the staff has concluded that the proposed exemption is 
authorized by law, does not present an undue risk to the public health 
and safety, and is consistent with the common defense and security. 
Further, since the underlying purposes of 10 CFR 50.44, 10 CFR 50.46, 
and 10 CFR Part 50, Appendix K are achieved through the use of the M5 
advanced alloy as a fuel rod cladding material, the special 
circumstances required by 10 CFR 50.12(a)(2)(ii) for the granting of 
exemptions to 10 CFR 50.44, 10 CFR 50.46, and 10 CFR Part 50, Appendix 
K exist. Therefore, the staff concludes that the proposed exemption to 
10 CFR 50.44, 10 CFR 50.46, and Appendix K of 10 CFR Part 50 related to 
the fuel cladding material for Oconee Nuclear Station Units 1, 2, and 3 
is acceptable.

IV

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12(a), the exemption is authorized by law, will not endanger life or 
property or common defense and security, and is, otherwise, in the 
public interest. Therefore, the Commission hereby grants Duke an 
exemption from the requirements of 10 CFR 50.44, 10 CFR 50.46, and 
Appendix K of 10 CFR Part 50, related to the fuel cladding material for 
the Oconee Nuclear Station, Units 1, 2, and 3.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will not result in any significant effect on 
the quality of the human environment (65 FR 15659).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 23rd day of March 2000.

    For the Nuclear Regulatory Commission.
John A. Zwolinski,
Director, Division of Licensing Project Management, Office of Nuclear 
Reactor Regulation.
[FR Doc. 00-7832 Filed 3-29-00; 8:45 am]
BILLING CODE 7590-01-P