[Federal Register Volume 89, Number 183 (Friday, September 20, 2024)]
[Notices]
[Pages 77199-77201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21500]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-250 and 50-251; NRC-2024-0142]


Florida Power and Light Company; Turkey Point Nuclear Generating, 
Unit Nos. 3 and 4; Exemption

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an 
exemption in response to a November 15, 2023, request from Florida 
Power and Light Company from certain requirements of NRC regulations to 
use AXIOM[supreg] fuel rod cladding at Turkey Point Nuclear Generating, 
Unit Nos. 3 and 4. Current NRC regulations limit applicability to the 
use of fuel rod cladding with zircaloy or ZIRLOTM.

DATES: The exemption was issued on September 13, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0142 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 https://www.regulations.gov and search for Docket ID NRC-2024-0142. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; 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 ``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, at 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 it is mentioned in 
this document.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT:  Michael Mahoney, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3867, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: September 16, 2024.

    For the Nuclear Regulatory Commission.
Michael Mahoney,
Senior Project Manager, Plant Licensing Branch 4, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.

Attachment: Exemption

NUCLEAR REGULATORY COMMISSION

Docket Nos. 50-250 and 50-251

Florida Power and Light Company; Turkey Point Nuclear Generating, Unit 
Nos. 3 and 4 Exemption

I. Background

    Florida Power and Light Company (FPL, the licensee) is the holder 
of Renewed Facility Operating License Nos. DPR-31 and DPR-41, which 
authorize operation of Turkey Point Nuclear Generating, Unit Nos. 3 and 
4 (Turkey Point). The license provides, among other things, that the 
facility is subject to all rules, regulations, and orders of the U.S. 
Nuclear Regulatory Commission (NRC) now or hereafter in effect. The 
facility consists of pressurized-water reactors (PWRs) located in 
Miami-Dade County, Florida.

II. Request/Action

    By application dated November 15, 2023 (Agencywide Documents Access 
and Management System (ADAMS) Accession No. ML23320A028), FPL, pursuant 
to Title 10 of the Code of Federal Regulations (10 CFR), Section 50.12, 
``Specific exemptions,'' requested an exemption from certain 
requirements of 10 CFR 50.46, ``Acceptance criteria for emergency core 
cooling systems for light-water nuclear power reactors,'' to use 
AXIOM[supreg] fuel rod cladding at Turkey Point.
    The regulations in 10 CFR 50.46 are currently limited in 
applicability to the use of fuel rods with zircaloy or 
ZIRLOTM cladding. This exemption will allow FPL to use 
AXIOM[supreg] fuel rod cladding at Turkey Point. The special 
circumstances associated with the exemption request are that 
application of the regulation in this circumstance is not necessary to 
achieve the underlying purpose of the rule.

III. Discussion

    The regulation in 10 CFR 50.46(a)(1)(i) states, in part, 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 emergency core cooling 
system (ECCS) that must be designed so that its calculated cooling 
performance following postulated loss-of-coolant accidents [LOCA] 
conforms to the criteria set forth in paragraph (b) of this section. 
ECCS cooling performance must be calculated in accordance with an 
acceptable evaluation model and must be calculated for a number of 
postulated loss-of-coolant accidents of different sizes, locations, 
and other properties sufficient to provide assurance that the most 
severe postulated loss-of-coolant, accidents are calculated.

    Since 10 CFR 50.46 specifically refers to fuel with zircaloy or 
ZIRLOTM cladding, its application to fuel clads with 
materials other than zircaloy or ZIRLOTM requires an 
exemption from this section of the regulations.
    The exemption request from the licensee relates solely to the types 
of fuel cladding materials specified in these regulations. As written, 
the regulations presume the use of zircaloy or ZIRLOTM 
cladding. Thus, an exemption is necessary to apply 10 CFR 50.46 to 
cladding materials (i.e., AXIOM[supreg]), other than zircaloy or 
ZIRLOTM cladding. The proposed

[[Page 77200]]

request does not exempt Turkey Point from any other requirements of 10 
CFR 50.46 regarding acceptance criteria, evaluation model features and 
documentation, reporting of changes or errors, etc.
    Pursuant to 10 CFR 50.12, the NRC may, upon application by any 
interested person or upon its own initiative, grant exemptions from 
requirements of 10 CFR part 50 when: (1) the exemptions 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, and (2) 
special circumstances, as defined in 10 CFR 50.12(a)(2), are present. 
The licensee's proposed exemption request which would permit 
application of the requirements of 10 CFR 50.46 to fuel rods clad with 
AXIOM[supreg] at Turkey Point identifies, in particular, that the 
special circumstance associated with this exemption request is that the 
application of the regulation in this circumstance is not necessary to 
achieve the underlying purpose of the rule.
    The technical basis for the use of fuel cladding with AXIOM[supreg] 
in PWRs is documented in Topical Report (TR) WCAP-18546NP-A, Revision 
0, ``Westinghouse AXIOM[supreg] Cladding for Use in Pressurized Water 
Reactor Fuel,'' dated March 2021 (ML23089A066). This TR describes 
Westinghouse's evaluation for the use of the AXIOM[supreg] alloy in PWR 
fuel assemblies as a replacement for ZIRLOTM and Optimized 
ZIRLOTM. This TR discusses material properties of 
AXIOM[supreg], as well as its behavior under normal operation, 
anticipated transients, and postulated accident conditions.
    As identified in TR WCAP-18546NP-A, Revision 0, the AXIOM[supreg] 
alloy is a proprietary niobium-bearing variant of zirconium. This 
material also has tin, vanadium, and copper as alloying elements. 
Westinghouse stated that the AXIOM[supreg] alloy was developed to 
provide enhanced performance with respect to corrosion, hydrogen 
pickup, growth, and creep. While demonstrating relevant differences in 
certain material properties and physical behavior, TR WCAP-18546NP-A, 
Revision 0 identifies that the basic physical properties of 
AXIOM[supreg] are similar to ZIRLOTM.
    Sections 3.11, 3.12, and 6.2.1.4 of TR WCAP-18546NP-A, Revision 0 
provide Westinghouse's rationale for concluding that each of the 
acceptance criteria in 10 CFR 50.46 is applicable to fuel clad with 
AXIOM[supreg].
    As documented in the NRC staff's SE on TR WCAP-18546NP-A, Revision 
0, the staff concluded that the criteria of 10 CFR 50.46 are acceptable 
for application to AXIOM[supreg] cladding. The technical basis for the 
NRC staff's conclusions is the testing and analysis Westinghouse 
performed in support of the AXIOM[supreg] alloy is described in the NRC 
staff's relevant safety evaluation. Despite finding application of 10 
CFR 50.46 to AXIOM[supreg] acceptable from a technical perspective, 
current regulations in 10 CFR 50.46 are limited in applicability to the 
use of fuel rods with zircaloy or ZIRLOTM cladding; 
therefore, an exemption for use of a new cladding material (such as 
AXIOM[supreg]), is required.

A. The Exemption Is Authorized by Law

    The NRC has the authority under 10 CFR 50.12 to grant exemptions 
from the requirements of 10 CFR part 50 upon demonstration of proper 
justification. The fuel that will be irradiated at Turkey Point is clad 
with a zirconium-based alloy that is not expressly within the scope of 
10 CFR 50.46. However, the NRC staff considers all other aspects of 
these regulations (e.g., acceptance criteria, prescribed methods, 
reporting requirements) applicable to the AXIOM[supreg] cladding 
material, and the licensee states that it will ensure that these 
regulations are satisfied for operation with fuel clad with 
AXIOM[supreg]. As discussed below, the NRC staff determined that 
special circumstances exist, which support granting the proposed 
exemption. Furthermore, granting the exemption would not result in a 
violation of the Atomic Energy Act of 1954, as amended, or the NRC's 
regulations. Therefore, the exemption is authorized by law.

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

    The NRC staff's previous review of TR WCAP-18546NP-A, Revision 0, 
which concerns the properties of the AXIOM[supreg] alloy, provides 
assurance that predicted chemical, thermal, and mechanical 
characteristics of AXIOM[supreg]-alloy cladding are acceptable under 
normal operation, anticipated transients, and postulated accidents. The 
NRC staff finds that by utilizing the methods and properties listed in 
the NRC-approved TR (i.e., TR WCAP-18546NP-A), the licensee meets the 
acceptance criteria and analytical methods in 10 CFR 50.46 to 10 CFR 
part 50, and thus, ensures acceptable safety margins for fuel clad with 
AXIOM[supreg] that are consistent with those the Commission has 
established for zircaloy and ZIRLOTM. Turkey Point cores 
involving AXIOM[supreg] cladding will continue to be subject to the 
operating limits specified in the technical specifications and core 
operating limits report. Thus, granting this exemption request will not 
pose undue risk to public health and safety.

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

    The exemption will allow the licensee to use an enhanced fuel rod 
cladding material relative to the zircaloy material for which the 
requirements of 10 CFR 50.46 were originally established. The NRC staff 
concludes that the use of AXIOM[supreg] fuel rod cladding at Turkey 
Point will not significantly affect plant operations and is therefore 
consistent with the common defense and security. Further, the exemption 
does not involve security requirements and does not create a security 
risk. Therefore, the exemption is consistent with the common defense 
and security.

D. Special Circumstances

    The regulations in 10 CFR 50.46 do not explicitly apply to fuel 
clad with AXIOM[supreg]. However, the underlying purpose of 10 CFR 
50.46 is to provide requirements capable of ensuring adequate core 
cooling during and after the most limiting postulated LOCA. As 
discussed above, Westinghouse has demonstrated in an NRC-approved TR 
(i.e. TR WCAP-18546NP-A) that application of the acceptance criteria 
and analytical methods required in 10 CFR 50.46 to fuel cladding with 
AXIOM[supreg] is acceptable. For the maximum local oxidation limit in 
50.46(b)(2), Westinghouse meets the 17 percent limit in the rule for 
cladding without any hydrogen, but further justified the use of an 
alternative limit that the NRC finds acceptable for maintaining post 
quench ductility during a postulated LOCA. The licensee stated in the 
exemption request that the core reload safety analyses will be used to 
confirm on a cycle-specific basis that there is no adverse impact on 
ECCS performance for Turkey Point. Therefore, strict application of the 
material-specific requirements for fuel cladding in 10 CFR 50.46 is not 
necessary to achieve the underlying purpose of ensuring adequate core 
cooling in this instance. Furthermore, granting an exemption to allow 
application of the balance of these regulations for fuel cladding with 
AXIOM[supreg] at Turkey Point would be consistent with the underlying 
regulatory purpose.

E. Environmental Considerations

    The exemption requested by the licensee includes changes to 
requirements with respect to installation or use of a facility 
component located within the restricted area. The NRC staff determined 
that the exemption meets

[[Page 77201]]

the eligibility criteria for the categorical exclusion set forth in 10 
CFR 51.22(c)(9) because 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 of each of the requirements in 10 CFR 51.22(c)(9) is 
discussed below.
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 exemption to allow the use of AXIOM[supreg] fuel rod 
cladding does not involve a significant increase in the probability or 
consequences of an accident previously evaluated.
    For the set of previously evaluated accidents, their probability is 
governed by the failure or malfunction of equipment or components other 
than the fuel rod cladding. The fuel rod cladding itself is not an 
accident initiator and does not affect the accident probability. 
Therefore, the change in fuel rod cladding material does not affect the 
probability of previously evaluated accidents.
    The proposed exemption does not involve a significant increase in 
the consequences of previously evaluated accidents. This conclusion is 
demonstrated by the analysis submitted by the licensee in support of 
the proposed use of AXIOM[supreg] cladding that the NRC staff has 
reviewed in support of the proposed license amendment. The licensee's 
analysis shows that fuel clad with AXIOM[supreg] material performs 
comparably to fuel cladding materials that have been used previously. 
This satisfies the acceptance criteria in 10 CFR 50.46(b) for the LOCA 
event.
    Therefore, the proposed exemption 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 AXIOM[supreg] fuel rod cladding does not create the 
possibility of a new or different kind of accident from any previously 
evaluated. The fuel rod cladding is not an accident initiator. The use 
of AXIOM[supreg] cladding has been assessed by the licensee and vendor, 
and it has been found to exhibit comparable or enhanced behavior 
relative to Optimized ZIRCLO cladding material specifically identified 
in 10 CFR 50.46. The NRC staff has previously reviewed this information 
in its safety evaluation approving TR WCAP-18546NP-A. Use of 
Westinghouse fuel with AXIOM[supreg] cladding in the Turkey Point 
reactor core is compatible with the plant design and does not introduce 
any new safety functions for plant structures, systems, or components. 
Furthermore, the introduction of AXIOM[supreg] cladding does not affect 
any accident mitigation systems and does not introduce any new accident 
initiation methods.
    Therefore, the proposed exemption 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 exemption does not involve a significant reduction in 
the margin of safety. The licensee's analysis of the spectrum of 
postulated LOCA events for fuel rods clad with AXIOM[supreg] exhibits 
results comparable to those for the fuel currently in use at Turkey 
Point for the small-break and the large-break LOCA events. Furthermore, 
the fuel vendor has generically evaluated the performance of 
AXIOM[supreg] cladding relative to the zircaloy cladding specifically 
identified in 10 CFR 50.46. The vendor concluded that the performance 
of the AXIOM[supreg] cladding material is quite similar to or enhanced 
relative to Optimized ZIRCLO cladding material The NRC staff has 
performed a review of these conclusions and documented in its safety 
evaluation on TR WCAP-18546NP-A that the AXIOM[supreg] material 
properties and mechanical design methodology are in accordance with 
applicable regulations and regulatory guidance.
    Therefore, the proposed exemption does not involve a significant 
reduction in a margin of safety.
    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 AXIOM[supreg] fuel 
rod cladding material in the reactors. AXIOM cladding has similar 
properties and performance characteristics as the currently licensed 
optimized ZIRLO cladding. Therefore, the use of the AXIOM[supreg] 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.
Requirements in 10 CFR 51.22(c)(9)(iii)
    The proposed exemption would allow the use of the AXIOM[supreg] 
fuel rod cladding material in the reactors. AXIOM cladding has similar 
properties and performance characteristics as the currently licensed 
optimized ZIRLO cladding. Therefore, the use of the AXIOM[supreg] 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.
    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 granting 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 FPL an exemption from the 
specific requirements of 10 CFR 50.46 for use of AXIOM[supreg] fuel rod 
cladding.

    Dated: September 13, 2024.

    For the Nuclear Regulatory Commission.

/RA/

Bo M. Pham,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulations.

[FR Doc. 2024-21500 Filed 9-19-24; 8:45 am]
BILLING CODE 7590-01-P