[Federal Register Volume 79, Number 49 (Thursday, March 13, 2014)]
[Notices]
[Pages 14304-14307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05498]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-443; NRC-2014-0043]
License Exemption Request for NextEra Energy Seabrook, LLC;
Seabrook Station, Unit 1
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to a June 25, 2013, request from NextEra Energy,
Seabrook, LLC, requesting an exemption for the use of a different fuel
rod cladding material (Optimized ZIRLO\TM\).
ADDRESSES: Please refer to Docket ID NRC-2014-0043 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0043. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; 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 access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then 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, 301-415-
4737, or by email to [email protected]. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at
[[Page 14305]]
the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: John G. Lamb, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-3100; email: [email protected].
I. Background
NextEra Energy Seabrook, LLC (NextEra or the licensee) is the
holder of Facility Operating License No. NPF-86, which authorizes
operation of the Seabrook Station, Unit 1 (Seabrook). 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.
The facility consists of a pressurized-water reactor located in
Rockingham County in New Hampshire.
II. Request/Action
Pursuant to Sec. 50.12, of Title 10 of the Code of Federal
Regulations (10 CFR), ``Specific exemptions,'' the licensee has, by
letter dated June 25, 2013 (ADAMS Accession No. ML13183A056), requested
an exemption from specific requirements of 10 CFR 50.46, ``Acceptance
criteria for emergency core cooling systems [ECCS] for light-water
nuclear power reactors,'' and 10 CFR Part 50, Appendix K, ``ECCS
Evaluation Models,'' to allow the use of fuel rod cladding with
optimized ZIRLO\TM\ alloy for future reload applications. The
regulations in 10 CFR 50.46 contain acceptance criteria for the ECCS
for reactors fueled with zircaloy or ZIRLO\TM\ fuel rod cladding
material. In addition, Appendix K to 10 CFR Part 50 requires that the
Baker-Just equation be used to predict the rates of energy release,
hydrogen concentration, and cladding oxidation from the metal/water
reaction. The Baker-Just equation assumes the use of a zirconium alloy,
which is a material different from Optimized ZIRLO\TM\. The licensee
requested the exemption because these regulations do not have
provisions for the use of fuel rod cladding material other than
zircaloy or ZIRLO\TM\. Because the material specifications of Optimized
ZIRLO\TM\ differ from the specifications for zircaloy or ZIRLO\TM\, a
plant-specific exemption is required to support the reload applications
for Seabrook.
The exemption request relates solely to the cladding material
specified in these regulations (i.e., fuel rods with Zircaloy or
ZIRLO\TM\ cladding material). This exemption would provide for the
application of the acceptance criteria of 10 CFR 50.46 and 10 CFR Part
50, Appendix K, to fuel assembly designs using Optimized ZIRLO\TM\ fuel
rod cladding material. In its letter dated June 25, 2013, the licensee
indicated that it was not seeking an exemption from the acceptance and
analytical criteria of these regulations. The intent of the request is
to allow the use of the criteria set forth in these regulations for
application to the Optimized ZIRLO\TM\ fuel rod cladding material.
III. Discussion
Pursuant to 10 CFR 50.12, the Commission 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 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),
special circumstances include, among other things, when application of
the specific regulation in the particular circumstance would not serve,
or is not necessary to achieve, the underlying purpose of the rule.
A. Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii),
are present whenever application of the regulation in the particular
circumstances is not necessary to achieve the underlying 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. The
regulations in 10 CFR 50.46 and Appendix K are not directly applicable
to Optimized ZIRLO\TM\, even though the evaluations described in the
following sections of this exemption show that the intent of the
regulation is met. Therefore, since the underlying purposes of 10 CFR
50.46 and 10 CFR Part 50, Appendix K are achieved through the use of
Optimized ZIRLO\TM\ fuel rod cladding material, the special
circumstances required by 10 CFR 50.12(a)(2)(ii) for the granting of an
exemption exist.
B. Authorized by Law
This exemption would allow the use of Optimized ZIRLO\TM\ fuel rod
cladding material for future reload applications at Seabrook. As stated
above, 10 CFR 50.12 allows the NRC to grant exemptions from the
requirements of 10 CFR Part 50. The NRC staff has determined that
granting the licensee's proposed exemption would 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.
C. No Undue Risk to Public Health and Safety
Section 10 CFR 50.46 requires that each boiling or pressurized
light-water nuclear power reactor fueled with uranium oxide pellets
within cylindrical zircaloy or ZIRLO cladding must be provided with an
ECCS that must be designed so that its calculated cooling performance
following postulated loss-of-coolant accidents (LOCAs) conforms to the
criteria set forth in paragraph (b) of this section. The underlying
purpose of 10 CFR 50.46 is to establish acceptance criteria for
adequate ECCS performance. As previously documented in the NRC staff's
safety evaluation dated June 10, 2005 (ADAMS Accession No.
ML051670395), of topical reports submitted by Westinghouse, and subject
to compliance with the specific conditions of approval established in
the safety evaluation, the NRC staff found that Westinghouse
demonstrated the applicability of these ECCS acceptance criteria to
Optimized ZIRLO\TM\. Ring compression tests performed by Westinghouse
on Optimized ZIRLO\TM\ (see WCAP-14342-A & CENPD-404-NP-A at ADAMS
Accession No. ML062080569) demonstrate an acceptable retention of
postquench ductility up to 10 CFR 50.46 limits of 2200 degrees
Fahrenheit and 17 percent equivalent clad reacted. Furthermore, the NRC
staff concluded that oxidation measurements provided by the licensee by
letter LTR-NRC-07-58 from Westinghouse to the NRC, ``SER Compliance
with WCAP-12610-P-A & CENPD-404-P-A, Addendum 1-A, `Optimized
ZIRLO\TM\,' '' dated November 6, 2007 (public version is at ADAMS
Accession No. ML073130560), illustrate that oxide thickness and
associated hydrogen pickup for Optimized ZIRLO\TM\ at any given burnup
would be less than both zircaloy-4 and ZIRLO\TM\. Hence, the NRC staff
concludes that Optimized ZIRLO\TM\ would be expected to maintain better
postquench ductility than ZIRLO\TM\. This finding is further supported
by an ongoing LOCA research program at Argonne National Laboratory,
which has identified a strong correlation between cladding hydrogen
content (caused by in-service corrosion) and postquench ductility.
In addition, the provisions of 10 CFR 50.46 require the licensee to
periodically evaluate the performance of the ECCS, using currently
approved LOCA models and methods, to ensure that the fuel rods will
continue to satisfy
[[Page 14306]]
the 10 CFR 50.46 acceptance criteria. In its letter dated June 25,
2013, the licensee stated that for LOCA scenarios, where the slight
difference in Optimized ZIRLO\TM\ material properties relative to
standard ZIRLO\TM\ could have some impact on the overall accident
scenario, plant-specific LOCA analyses using Optimized ZIRLO\TM\
properties will demonstrate that the acceptance criteria of 10 CFR
50.46 have been satisfied. Granting the exemption to allow the licensee
to use Optimized ZIRLO\TM\ fuel rod cladding material in addition to
the current mix of fuel rods does not diminish this requirement of
periodic evaluation of ECCS performance. Thus, the underlying purpose
of the rule will continue to be achieved for Seabrook.
Paragraph I.A.5 of Appendix K to 10 CFR Part 50 states that the
rates of energy release, hydrogen concentration, and cladding oxidation
from the metal-water reaction shall be calculated using the Baker-Just
equation. Since the Baker-Just equation presumes the use of zircaloy
clad fuel, strict application of this provision of the rule would not
permit use of the equation for the Optimized ZIRLOTM fuel
rod cladding material for determining acceptable fuel performance.
However, the NRC staff previously found that metal-water reaction tests
performed by Westinghouse on Optimized ZIRLOTM (see Appendix
B of WCAP-12610-P-A & CENPD-404-P-A, Addendum 1-A) demonstrate
conservative reaction rates relative to the Baker-Just equation. Thus,
the NRC staff determined that the application of Appendix K, Paragraph
I.A.5 is not necessary to achieve the underlying purpose of the rule in
these circumstances. Since these evaluations demonstrate that the
underlying purpose of the rule will be met, there will be no undue risk
to the public health and safety.
D. Consistent With the Common Defense and Security
The licensee's exemption request is only to allow the application
of the aforementioned regulations to an improved fuel rod cladding
material. In its letter dated June 25, 2013, the licensee stated that
all the requirements and acceptance criteria will be maintained. The
licensee is required to handle and control special nuclear material in
these assemblies in accordance with its approved procedures. This
change to the plant configuration is not related to security issues.
Therefore, the NRC staff determined that this exemption does not impact
common defense and security.
E. Environmental Considerations
The NRC staff determined that the exemption discussed herein meets
the eligibility criteria for the 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 the granting 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).
Requirements in 10 CFR 51.22(c)(9)(i)
The NRC staff evaluated the issue of 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 change would allow the use of Optimized
ZIRLOTM fuel rod cladding material in the reactors. The NRC
approved topical report WCAP-12610-P-A and CENPD-404-P-A, Addendum 1-A
``Optimized ZIRLOTM,'' prepared by Westinghouse, addresses
Optimized ZIRLOTM and demonstrates that Optimized
ZIRLOTM has essentially the same properties as the currently
licensed ZIRLO[supreg]. The fuel cladding itself is not an accident
initiator and does not affect accident probability. Use of Optimized
ZIRLOTM fuel rod cladding material will continue to meet all
10 CFR 50.46 acceptance criteria and, therefore, will not increase the
consequences of an accident.
Therefore, the proposed change 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?
Response: No.
The use of Optimized ZIRLOTM fuel rod cladding material
will not result in changes in the operation or configuration of the
facility. Topical Report WCAP-12610-P-A and CENPD-404-P-A demonstrated
that the material properties of Optimized ZIRLOTM are
similar to those of standard ZIRLO[supreg]. Therefore, the Optimized
ZIRLOTM fuel rod cladding material will perform similarly to
those fabricated from standard ZIRLO[supreg], thus precluding the
possibility of the fuel cladding becoming an accident initiator and
causing a new or different type of accident.
Therefore, the proposed change 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 change will not involve a significant reduction in the
margin of safety, because it has been demonstrated that the material
properties of the Optimized ZIRLOTM are not significantly
different from those of standard ZIRLO[supreg]. Optimized
ZIRLOTM is expected to perform similarly to standard
ZIRLO[supreg] for all normal operating and accident scenarios,
including both LOCA and non-LOCA scenarios. For LOCA scenarios, where
the slight difference in the Optimized ZIRLOTM material
properties, relative to standard ZIRLO[supreg] could have some impact
on the overall accident scenario, plant-specific LOCA analyses using
the Optimized ZIRLOTM properties demonstrate that the
acceptance criteria of 10 CFR 50.46 have been satisfied.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
Based on the above, the NRC staff concludes that the proposed
exemption presents no significant hazards consideration under the
standards set forth in 10 CFR 50.92(c), and, accordingly, a finding of
no significant hazards consideration is justified (i.e., satisfies the
provision of 10 CFR 51.22(c)(9)(i)).
Requirements in 10 CFR 51.22(c)(9)(ii)
The proposed exemption would allow the use of Optimized
ZIRLOTM fuel rod cladding material in the reactors.
Optimized ZIRLOTM has essentially the same properties as the
currently licensed ZIRLO[supreg]. The use of the Optimized
ZIRLOTM fuel rod cladding material will not significantly
change the types of effluents that may be released offsite, or
significantly increase the amount of effluents that may be released
offsite. Therefore, the provision of 10 CFR 51.22(c)(9)(ii) is
satisfied.
[[Page 14307]]
Requirements in 10 CFR 51.22(c)(9)(iii)
The proposed exemption would allow the use of the Optimized
ZIRLOTM fuel rod cladding material in the reactors.
Optimized ZIRLOTM has essentially the same properties as the
currently licensed ZIRLO[supreg]. The use of the Optimized
ZIRLOTM fuel rod cladding material will not significantly
increase individual occupational radiation exposure, or significantly
increase cumulative occupational radiation exposure. Therefore, the
provision of 10 CFR 51.22(c)(9)(iii) is satisfied.
Conclusion
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 proposed 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 NextEra an exemption from the
requirements of 10 CFR 50.46 and Appendix K to 10 CFR Part 50, to allow
the use of Optimized ZIRLOTM fuel rod cladding material at
Seabrook. As stated above, this exemption relates solely to the
cladding material specified in these regulations.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 28th day of February 2014.
For the Nuclear Regulatory Commission.
Michele Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2014-05498 Filed 3-12-14; 8:45 am]
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