[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Notices]
[Pages 9550-9552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04549]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-334 and 50-412; NRC-2018-0041]


FirstEnergy Nuclear Operating Company; Beaver Valley Power 
Station; Unit Nos. 1 and 2; Use of Optimized ZIRLO\TM\ Fuel Rod 
Cladding

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 an April 9, 2017, request from FirstEnergy 
Nuclear Operating Company (FENOC), in order to use Optimized ZIRLO\TM\ 
fuel rod cladding at the Beaver Valley Power Station, Unit Nos. 1 and 2 
(Beaver Valley).

DATES: The exemption was issued on March 6, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0041 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0041. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; 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 obtain publicly-available documents online in the 
ADAMS Public Documents collection 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 (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document. In addition, for the convenience of the reader, the ADAMS 
accession numbers are provided in a table in the ``Availability of 
Documents'' section of this document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Tanya E. Hood, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1387, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The FirstEnergy Nuclear Operating Company (FENOC) is the holder of 
Renewed Facility Operating License Nos. 50-334 and 50-412, which 
authorize operation of Beaver Valley. The licenses provide, among other 
things, that the facilities are subject to all rules, regulations, and 
orders of the NRC now or hereafter in effect. The facilities consist of 
pressurized-water reactors located in Shippingport Borough on the Ohio 
River in Beaver County, Pennsylvania. The ZIRLO[supreg] corrosion model 
was based on a model originally developed for zircaloy-4 cladding. As 
utilities moved to increased fuel thermal duty associated with higher 
peaking factors, uprated core power, and longer cycle lengths, cladding 
corrosion has become one of the important factors in assessing the 
potential for increased fuel thermal duty.

II. Request/Action

    Pursuant to title 10 of the Code of Federal Regulations (10 CFR) 
section 50.12, ``Specific exemptions,'' the

[[Page 9551]]

licensee requested, by letter dated April 9, 2017 (ADAMS Accession No. 
ML17100A269), an exemption from Sec.  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 Optimized ZIRLOTM fuel rod cladding for 
future core reload applications. The regulations in Sec.  50.46 contain 
acceptance criteria for the ECCS for reactors fueled with zircaloy or 
ZIRLO[supreg] fuel rod cladding material. In addition, 10 CFR part 50, 
appendix K, 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 different from Optimized ZIRLO\TM\ 
material. Therefore, an exemption to Sec.  50.46 and 10 CFR part 50, 
appendix K, is required to support the use of Optimized ZIRLO\TM\ fuel 
rod cladding at Beaver Valley.
    The exemption request relates solely to the specific types of 
cladding material specified in these regulations for use in light-water 
reactors (i.e., fuel rods with zircaloy or ZIRLO[supreg] cladding). 
This request will provide for the application of the acceptance 
criteria of Sec.  50.46 and 10 CFR, part 50, appendix K, to fuel 
assembly designs using Optimized ZIRLO\TM\ fuel rod cladding.

III. Discussion

    Pursuant to Sec.  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 Sec.  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.
    The Optimized ZIRLOTM fuel cladding is different from 
standard ZIRLO[supreg] in two respects: (1) The tin content is lower 
and (2) the microstructure is different. This difference in tin content 
and microstructure can lead to differences in some material properties. 
Westinghouse Electric Company (Westinghouse), the manufacturer of 
Optimized ZIRLO\TM\ fuel rod cladding, has committed to provide 
irradiated data and validate fuel performance models ahead of burnups 
achieved in batch application (i.e., a group of fuel assemblies).
    The NRC staff's safety evaluation of Optimized ZIRLO\TM\ (WCAP-
12610-P-A & CENPD-404-P-A) dated June 10, 2005 (ADAMS Package Accession 
No. ML051670395), included ten conditions and limitations. The NRC 
staff reviewed FENOC's April 9, 2017, application against these 
specific conditions and concluded that the licensee is in compliance 
with all of the applicable conditions, with the exception of Conditions 
6 and 7.
    Conditions 6 and 7 relate to validating in-reactor performance and 
fuel performance models based on lead test assembly data obtained ahead 
of batch application. Westinghouse provided additional information from 
irradiation programs to comply with Conditions 6 and 7 of the NRC 
staff's safety evaluation, by letters dated February 25, 2013 (ADAMS 
Accession No. ML13070A188), and February 9, 2015 (ADAMS Accession No. 
ML15051A427), demonstrating compliance with these two conditions.
    One of the main objectives of the ongoing Westinghouse creep 
(growth) program was to confirm the adequacy of the Westinghouse 
Performance Analysis and Design Model creep models for Optimized 
ZIRLOTM and verify that the steady state irradiation creep 
rate is the same in tension and compression. Based upon the supporting 
data provided by Westinghouse in Figures 3 through 6 of WCAP-12610-P-A 
& CENPD-404-P-A Addendum 1-A (ADAMS Accession No. ML13070A189), the NRC 
staff determined that the creep models are adequate for the first 
operating cycle where the fuel rod cladding is predominately in 
compressive creep.
    The NRC staff performed its review of Conditions 6 and 7 in a 
letter dated August 3, 2016 (ADAMS Accession No. ML16173A354). The NRC 
staff determined that the data provided in Westinghouse letters dated 
February 25, 2013, and February 9, 2015, satisfy Conditions 6 and 7. 
Therefore, licensees no longer need to provide additional data when 
referencing WCAP-12610-P-A & CENPD-404-P-A, Addendum 1-A, ``Optimized 
ZIRLO\TM\,'' July 2006, in future license amendment requests.
    The licensee provided documentation of its compliance with the 
Westinghouse topical report WCAP-12610-P-A & CENPD-404-P-A Addendum 1-A 
commitments in its application. Based on that documentation and the 
information contained in Westinghouse's revised compliance letters 
dated February 25, 2013, and February 9, 2015, the NRC staff finds the 
licensee's compliance with safety evaluation Conditions 6 and 7 is 
acceptable.

A. The Exemption Is Authorized by Law

    This exemption would allow the use of Optimized ZIRLO\TM\ fuel rod 
cladding material at Beaver Valley. As stated above, Sec.  50.12 allows 
the NRC to grant exemptions from the requirements of 10 CFR part 50. 
The fuel that will be irradiated at Beaver Valley contains cladding 
material that does not conform to the cladding material that is 
explicitly defined in 10 CFR 50.46 and implicitly defined in 10 CFR 
part 50, appendix K. However, the criteria of these regulations will 
continue to be satisfied for the operation of the Beaver Valley cores 
containing Optimized ZIRLOTM fuel cladding. 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.

B. The Exemption Presents No Undue Risk to Public Health and Safety

    The objectives of Sec.  50.46(b)(2) and (b)(3) and 10 CFR part 50, 
appendix K, section I.A.5, are to ensure that cladding oxidation and 
hydrogen generation are appropriately limited during loss-of-coolant 
accidents and conservatively accounted for in ECCS evaluation models. 
As previously documented in the NRC staff's safety evaluation of 
topical reports submitted by Westinghouse, dated June 10, 2005, 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 the ECCS acceptance 
criteria to Optimized ZIRLOTM. The NRC staff concluded that 
oxidation measurements provided by the licensee in the letter from 
Westinghouse to the NRC, dated November 2007 (ADAMS Accession No. 
ML073130560), illustrate that oxide thickness and associated hydrogen 
pickup for Optimized ZIRLOTM at any given burnup would be 
less than those of both zircaloy-4 and ZIRLO[supreg].
    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, section 
I.A.5, is not necessary to achieve the underlying purpose of the rule 
in these circumstances. Since these evaluations demonstrate that the 
underlying

[[Page 9552]]

purpose of the rule will be met, there will be no undue risk to the 
public health and safety. The facility operating licenses require that 
reload cores be operated in accordance with the operating limits 
specified in the technical specifications and core operating limits 
report. Thus, the granting of this exemption request will not pose an 
undue risk to public health and safety.

C. The Exemption Is Consistent With the Common Defense and Security

    The exemption request would allow the licensee to use an improved 
fuel rod cladding material. In its letter dated April 9, 2017, 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. Use of Optimized ZIRLOTM fuel rod cladding in 
the Beaver Valley cores will not adversely affect plant operations. 
Therefore, the NRC staff has determined that this exemption does not 
adversely impact common defense and security.

D. Special Circumstances

    Special circumstances, in accordance with Sec.  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 Sec.  50.46 and 10 CFR part 50, 
appendix K, is to establish acceptance criteria for ECCS performance. 
The regulations ensure that nuclear power reactors fueled with uranium 
oxide pellets within zircaloy or ZIRLO[supreg] cladding must be 
provided with an ECCS designed to provide core cooling following 
postulated loss-of-coolant accidents. Westinghouse demonstrated in its 
NRC-approved topical report WCAP-12610-P-A & CENPD-404-P-A Addendum 1-A 
that ECCS effectiveness will not be adversely affected by a change from 
zircaloy or ZIRLO[supreg] clad fuel to Optimized ZIRLOTM 
clad fuel. Normal safety analyses performed prior to core reload will 
confirm that there is no adverse impact on ECCS performance. Therefore, 
since the underlying purposes of Sec.  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 Sec.  
50.12(a)(2)(ii) for the granting of an exemption exist.

E. Environmental Considerations

    The NRC staff determined that the exemption discussed herein meets 
the eligibility criteria for the categorical exclusion set forth in 
Sec.  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: (1) No significant hazards consideration, (2) no 
significant change in the types or a significant increase in the 
amounts of any effluents that may be released offsite, and (3) no 
significant increase in individual or cumulative occupational radiation 
exposure. Therefore, in accordance with Sec.  51.22(b), no 
environmental impact statement or environmental assessment need be 
prepared in connection with the NRC staff's consideration of this 
exemption request. The basis for the NRC staff's determination is 
discussed in an evaluation of the requirements of Sec.  51.22(c)(9) in 
the proposed no significant hazards consideration determination for the 
associated amendment as published in the Federal Register on July 18, 
2017 (82 FR 32881).

IV. Availability of Documents

    The NRC is making the documents identified below available to 
interested persons through one or more of the following methods, as 
indicated. To access documents related to this action, see ADDRESSES 
Section of this document.

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                Document                        ADAMS accession No.
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Beaver Valley Power Station, Unit Nos. 1  ML17100A269
 and 2, ``License Amendment Request to
 Modify Technical Specifications 4.2.1
 and 5.6.3 and a 10 CFR 50.12 Exemption
 Request to Implement Optimized
 ZIRLO\TM\ Fuel Rod Cladding'' (April 9,
 2017).
Westinghouse--Final Safety Evaluation     ML051670395
 for Addendum 1 to Topical Report WCAP-
 12610-P-A & CENPD-404-P-A Addendum 1-A,
 ``Optimized ZIRLO\TM\'' (June 10, 2005).
Westinghouse--LTR-NRC-13-6, NP-           ML13070A188
 Attachment--SER Compliance with
 WCAP[dash]12610-P-A & CENPD-404-P-A
 Addendum 1-A ``Optimized ZIRLO\TM\''
 (February 25, 2013).
Westinghouse--LTR-NRC-15-7, Submittal of  ML15051A427
 Responses to Draft RAIs and Revisions
 to Select Figures in LTR-NRC-13-6 to
 Fulfill Conditions 6 and 7 of the
 Safety Evaluation for WCAP-12610-P-A &
 CENPD-404-P-A, Addendum 1-A (February
 9, 2015).
Westinghouse--LTR-NRC-13-6, NP-           ML13070A189
 Attachment, SER Compliance of WCAP-
 12610-P-A & CENPD-404-P-A Addendum 1-A
 (Non-Proprietary) ``Optimized
 ZIRLO\TM\''(February 2013).
Satisfaction of Conditions 6 & 7 of the   ML16173A354
 Safety Evaluation for WCAP-12610-P-A
 and CENPD-404-P-A, Addendum 1-A
 ``Optimized ZIRLO\TM\'' Topical Report.
SER Compliance with WCAP-12610-P-A &      ML073130560
 CENPD-404-P-A Addendum 1-A, ``Optimized
 ZIRLO\TM\'' (Non-Proprietary) (November
 2007).
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V. Conclusion

    Accordingly, the Commission has determined that pursuant to Sec.  
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 FENOC an exemption from the 
requirements of Sec.  50.46 and 10 CFR part 50, appendix K, to allow 
the use of Optimized ZIRLO\TM\ fuel rod cladding material at Beaver 
Valley.

    Dated at Rockville, Maryland, this 1st day of March 2018.

    For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2018-04549 Filed 3-5-18; 8:45 am]
 BILLING CODE 7590-01-P