[Federal Register Volume 68, Number 193 (Monday, October 6, 2003)]
[Notices]
[Pages 57714-57715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25243]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-302]


Florida Power Corporation, Crystal River Unit 3 Nuclear 
Generating Plant; Exemption

1.0 Background

    Florida Power Corporation (the licensee) is the holder of Facility 
Operating License No. DPR-72, which authorizes operation of the Crystal 
River Unit 3 Nuclear Generating Plant (CR-3). The license provides, 
among other things, that the facility is subject to all rules, 
regulations, and orders of the U.S. Nuclear Regulatory Commission (the 
Commission) now or hereafter in effect.
    The facility consists of one pressurized-water reactor located in 
Citrus County, Florida.

2.0 Request/Action

    Section 50.44 of Title 10 of the Code of Federal Regulations (10 
CFR 50.44), ``Standards for combustible gas control system in light-
water-cooled power reactors,'' requires, among other items, that 
``[e]ach boiling or pressurized light-water nuclear power reactor 
fueled with oxide pellets within cylindrical zircaloy or ZIRLO cladding 
must, as provided in paragraphs (b) through (d) of [that] section, 
include means for control of hydrogen gas that may be generated, 
following a postulated loss-of-coolant accident (LOCA) by: (1) [m]etal-
water reaction involving the fuel cladding and the reactor coolant, (2) 
[r]adiolytic decomposition of the reactor coolant, and (3) [c]orrosion 
of metals.''
    Section 50.46 of 10 CFR Part 50, ``Acceptance criteria for 
emergency core cooling systems for light-water nuclear power 
reactors,'' requires, among other items, that ``[e]ach boiling or 
pressurized light-water nuclear power reactor fueled with uranium oxide 
pellets within cylindrical zircaloy or ZIRLO cladding must be provided 
with an emergency core cooling system (ECCS) that must be designed so 
that its calculated cooling performance following postulated [LOCAs] 
conforms to the criteria set forth in paragraph (b) of [that] section. 
ECCS cooling performance must be calculated in accordance with an 
acceptable evaluation model and must be calculated for a number of 
postulated [LOCAs] of different sizes, locations, and other properties 
sufficient to provide assurance that the most severe postulated LOCAs 
are calculated.''
    Appendix K to 10 CFR Part 50, ``ECCS Evaluation Models,'' requires, 
among other items, that the rate of energy release, hydrogen 
generation, and cladding oxidation from the metal/water reaction shall 
be calculated using the Baker-Just equation.
    Finally, 10 CFR 50.44, 10 CFR 50.46, and 10 CFR part 50, appendix K 
make no provisions for use of fuel rods clad in a material other than 
zircaloy or ZIRLO. The licensee has requested the use of Framatome 
Cogema Fuels (FCF) ``M5'' advanced alloy for fuel rod cladding for the 
CR-3 operating Cycle 14. The M5 alloy is a proprietary zirconium-based 
alloy comprised of primarily zirconium ([sim]99 percent) and niobium 
([sim]1 percent). The elimination of tin has resulted in superior 
corrosion resistance and reduced irradiation-induced growth relative to 
both standard zircaloy (1.7% tin) and low-tin zircaloy (1.2% 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 cladding 
material at CR-3.
    Section 50.12 of 10 CFR Part 50, ``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

[[Page 57715]]

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. In accordance 
with 10 CFR 50.12(a)(2)(ii), special circumstances are present whenever 
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.

3.0 Discussion

    The underlying purpose of 10 CFR 50.46 is to ensure that facilities 
have adequate acceptance criteria for ECCS. On February 4, 2000, the 
NRC staff approved Topical Report BAW-10227P, ``Evaluation of Advanced 
Cladding and Structural Material (M5) in PWR Reactor Fuel,'' in which 
Framatome Cogema Fuels (FCF) demonstrated that the effectiveness of the 
ECCS will not be affected by a change from zircaloy fuel rod cladding 
to M5 fuel rod cladding. The analysis described in the topical report 
also demonstrates 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 underlying purposes of 10 CFR 50.44 and 10 CFR part 50, 
appendix K, paragraph I.A.5, are to ensure that 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 be used 
in the ECCS evaluation model to determine the rate of energy release, 
cladding oxidation, and hydrogen generation. In their topical report 
BAW-10227P, FCF demonstrated that the Baker-Just model is conservative 
in all post-LOCA scenarios with respect to the use of the M5 advanced 
alloy as a fuel rod cladding material, and that the amount of hydrogen 
generated in an M5-clad core during a LOCA will remain within the CR-3 
design basis.
    The NRC staff has reviewed the licensee's advanced cladding and 
structural material, M5, for pressurized-water reactor fuel mechanical 
designs as described in BAW-10227P. In a safety evaluation dated 
February 4, 2000, for topical report BAW-10227P, the NRC staff 
concluded that, to the extent and limitations specified in the staff's 
evaluation, the M5 properties and mechanical design methodology are 
acceptable for referencing in fuel reload licensing applications. 
Therefore, since the underlying purposes of 10 CFR 50.44, 10 CFR 50.46, 
and 10 CFR part 50, appendix K, paragraph I.A.5 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 and 10 CFR part 50, appendix K, 
paragraph I.A.5 exist.

4.0 Conclusion

    The Commission has determined that, pursuant to 10 CFR 50.12, this 
exemption is authorized by law, will not endanger life or property or 
the common defense and security, and is otherwise in the public 
interest. Therefore, the Commission hereby grants the licensee an 
exemption from the requirements of 10 CFR 50.44, 10 CFR 50.46, and 10 
CFR part 50, appendix K.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will have no significant impact on the 
environment (68 FR 55662).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 26th day of September 2003.

    For the Nuclear Regulatory Commission.
Ledyard B. Marsh,
Director, Division of Licensing Project Management, Office of Nuclear 
Reactor Regulation.
[FR Doc. 03-25243 Filed 10-3-03; 8:45 am]
BILLING CODE 7590-01-P