[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