[Federal Register Volume 90, Number 85 (Monday, May 5, 2025)]
[Notices]
[Pages 19009-19011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07737]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-272 and 50-311; NRC-2025-0068]
PSEG Nuclear LLC; Constellation Energy Generation, LLC; Salem
Nuclear Generating Station, Unit Nos. 1 and 2; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an
exemption from certain emergency core cooling system requirements to
support the use of Optimized ZIRLOTM fuel rod cladding
material at Salem Nuclear Generating Station, Unit Nos. 1 and 2. The
exemption was issued in response to a July 24, 2024, request from PSEG
Nuclear LLC (PSEG).
DATES: The exemption was issued on April 24, 2025.
ADDRESSES: Please refer to Docket ID NRC-2025-0068 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-2025-0068. Address
questions about Docket IDs in Regulations.gov to Bridget Curran;
telephone: 301-415-1003; 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 https://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 PSEG request for an exemption
is available in ADAMS under Accession No. ML24206A100. The NRC staff's
letter issuing the exemption is available in ADAMS under Accession No.
ML25078A006.
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: Blake A. Purnell, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1380; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: April 30, 2025.
[[Page 19010]]
For the Nuclear Regulatory Commission.
Blake Purnell,
Senior Project Manager, Plant Licensing Branch II-2, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket Nos. 50-272 and 50-311
PSEG Nuclear LLC; Constellation Energy Generation, LLC; Salem Nuclear
Generating Station, Unit Nos. 1 and 2; Exemption
I. Background
PSEG Nuclear LLC (PSEG) and Constellation Energy Generation, LLC
are the holders of Renewed Facility Operating License Nos. DPR-70
and DPR-75 for the Salem Nuclear Generating Station (Salem), Unit
Nos. 1 and 2. The Salem facilities consist of two pressurized-water
reactors located in Salem County, New Jersey. The licenses provide,
among other things, that the facilities are subject to all rules,
regulations, and orders of the Nuclear Regulatory Commission (NRC or
Commission) now or hereafter in effect.
II. Request/Action
By letter dated July 24, 2024 (Agencywide Documents Access and
Management System Accession No. ML24206A100), PSEG requested an
exemption from certain emergency core cooling system (ECCS)
requirements in title 10 of the Code of Federal Regulations (10 CFR)
part 50 applicable to Salem, Unit Nos. 1 and 2. PSEG requested the
exemption in accordance with 10 CFR 50.12, ``Specific exemptions,''
to support the use of Optimized ZIRLOTM fuel rod cladding
material in Salem, Unit Nos. 1 and 2.
The regulations in 10 CFR 50.46, ``Acceptance criteria for
emergency core cooling systems for light-water nuclear power
reactors,'' require, in part, that each boiling or pressurized
light-water nuclear power reactor fueled with uranium oxide pellets
within cylindrical Zircaloy or ZIRLO[supreg] 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 10 CFR 50.46(b). In
addition, paragraph I.A.5, ``Metal--Water Reaction Rate,'' of 10 CFR
part 50, appendix K, requires the Baker-Just equation be used to
calculate the rate of energy release, hydrogen generation, and
cladding oxidation from the metal-water reaction in the core. The
regulations in 10 CFR 50.46 and the Baker-Just equation in 10 CFR
part 50, Appendix K, part I, presume the use of either Zircaloy or
ZIRLO[supreg] fuel rod cladding.
In accordance with 10 CFR 50.12, ``Specific exemptions,'' PSEG
requested an exemption from 10 CFR 50.46 and 10 CFR part 50,
appendix K, paragraph I.A.5, to support the use of Optimized
ZIRLOTM fuel rod cladding material in Salem, Unit Nos. 1
and 2. The requested exemption is limited to the cladding material
such that all other requirements in 10 CFR 50.46 and 10 CFR part 50,
appendix K, will remain applicable to Salem, Unit Nos. 1 and 2.
PSEG's July 24, 2024, letter also included a license amendment
request to permit the use of Optimized ZIRLOTM fuel rod
cladding in Salem, Unit Nos. 1 and 2. The requested exemption is a
prerequisite for the issuance of the amendments. The NRC staff's
review of the license amendment request is being performed
concurrently with the exemption request. The NRC staff's safety
evaluation for the license amendment request will be documented
separately.
III. Discussion
Pursuant to 10 CFR 50.12, the Commission may grant exemptions
from the requirements of 10 CFR part 50 provided that: (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) special circumstances, as defined in 10 CFR
50.12(a)(2), are present. The requested exemption to support the use
of fuel rods with Optimized ZIRLOTM cladding at Salem,
Unit Nos. 1 and 2, meets these requirements as discussed below.
A. The Exemption Is Authorized by Law
The requested exemption would allow the use of Optimized
ZIRLO\TM\ fuel rod cladding at Salem, Unit Nos. 1 and 2. No statute
precludes the use of Optimized ZIRLO\TM\ fuel rod cladding in
nuclear reactors, and no statute required the Commission to issue
its regulations in 10 CFR 50.46 and 10 CFR part 50, appendix K.
Granting the exemption will 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 regulations in 10 CFR 50.46 establish acceptance criteria
for ECCS performance for reactors during a LOCA that provide for the
adequate protection of public health and safety. The regulations in
10 CFR part 50, appendix K, part I, specify the required and
acceptable features of ECCS evaluation models that may be used to
demonstrate compliance with the acceptance criteria in 10 CFR 50.46.
The regulations in 10 CFR 50.46 and the Baker-Just equation in 10
CFR part 50, Appendix K, part I, presume the use of either Zircaloy
or ZIRLO[supreg] fuel rod cladding.
The technical basis for Optimized ZIRLOTM is
described in the Westinghouse topical report WCAP-12610-P-A & CENPD-
404-P-A, addendum 1-A, ``Optimized ZIRLOTM,'' dated July
2006 (Westinghouse addendum 1-A). The transmittal letter and non-
proprietary version of Westinghouse addendum 1-A are available under
ADAMS Accession Nos. ML062080563 and ML062080569, respectively. By
letter dated June 10, 2005, the NRC staff found that this topical
report is acceptable for referencing in licensing applications to
the extent specified and under the conditions and limitations
delineated in the topical report and associated staff safety
evaluation. The NRC staff's letter and safety evaluation with the
conditions on the approval of the topical report are included in
Westinghouse Addendum 1-A.
The Westinghouse addendum 1-A demonstrated that the
effectiveness of the ECCS will not be affected by using fuel rods
with Optimized ZIRLO\TM\ cladding. Additionally, the NRC staff's
safety evaluation for Westinghouse Addendum 1-A concluded, in part,
that the ECCS performance criteria in 10 CFR 50.46 and the Baker-
Just correlation in 10 CFR part 50, appendix K, part I, are
applicable to Optimized ZIRLOTM.
The PSEG request for an exemption is limited to the cladding
material such that all other requirements in 10 CFR 50.46 and 10 CFR
part 50, appendix K, will remain applicable to Salem, Unit Nos. 1
and 2. The requested exemption is solely to allow the use of
criteria and methods set forth in these regulations for fuel rods
with Optimized ZIRLO\TM\ cladding. The reactor core reload design
process at Salem, Unit Nos. 1 and 2, will continue to ensure that
the acceptance criteria in 10 CFR 50.46 are met using ECCS
evaluations models that are acceptable to the NRC. Therefore, 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 requested exemption would allow PSEG to use fuel rods with
Optimized ZIRLO\TM\ cladding in Salem, Unit Nos. 1 and 2. This
change in cladding material will not result in any changes to plant
operations that would impact the security of the facility, special
nuclear material, or spent nuclear fuel. Therefore, the NRC staff
has determined that the requested exemption is consistent with the
common defense and security.
D. Special Circumstances
Special circumstances, in accordance with 10 CFR
50.12(a)(2)(ii), are present whenever application of the regulation
in the circumstances would not serve the underlying purpose of the
rule or is not necessary to achieve the underlying purpose of the
rule. 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. The underlying purpose of
10 CFR part 50, appendix K, part I, is to specify the required and
acceptable features of ECCS evaluation models that may be used to
demonstrate compliance with the acceptance criteria in 10 CFR 50.46.
The regulations in 10 CFR 50.46 and the Baker-Just equation in
10 CFR part 50, Appendix K, part I, presume the use of either
Zircaloy or ZIRLO[supreg] fuel rod cladding. The PSEG request for an
exemption is limited to the cladding material such that all other
requirements in 10 CFR 50.46 and 10 CFR part 50, appendix K, will
remain applicable to Salem, Unit Nos. 1 and 2. The requested
exemption is solely to allow the use of criteria and methods set
forth in these regulations for fuel rods with Optimized ZIRLO\TM\
cladding. The reactor core reload design process at Salem, Unit Nos.
1 and 2, will continue to ensure that the acceptance criteria in 10
CFR 50.46 are met using ECCS
[[Page 19011]]
evaluations models that are acceptable to the NRC. Therefore, the
underlying purpose of the regulations in 10 CFR 50.46 and 10 CFR
part 50, appendix K, part I, would continue to be achieved with the
exemption, and the special circumstances in 10 CFR 50.12(a)(ii) for
the granting of an exemption exist.
IV. Environmental Considerations
The exemption changes a requirement with respect to installation
or use of facility components located within the restricted area as
defined in 10 CFR part 20. With respect to its impact on the quality
of the human environment, the NRC has determined, as described
below, that the issuance of the exemption meets the eligibility
criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9).
The regulation in 10 CFR 51.22(c)(9) states:
Issuance of an amendment to a permit or license for a reactor
under part 50 or part 52 of this chapter that changes a requirement
or issuance of an exemption from a requirement, with respect to
installation or use of a facility component located within the
restricted area, as defined in part 20 of this chapter; or the
issuance of an amendment to a permit or license for a reactor under
part 50 or part 52 of this chapter that changes an inspection or a
surveillance requirement; provided that: (i) The amendment or
exemption involves no significant hazards consideration; (ii) There
is no significant change in the types or significant increase in the
amounts of any effluents that may be released offsite; and (iii)
There is no significant increase in individual or cumulative
occupational radiation exposure.
The criteria for determining whether an action involves a
significant hazards consideration are found in 10 CFR 50.92,
``Issuance of amendment.'' The proposed action is to permit the use
of Optimized ZIRLOTM fuel rod cladding in Salem, Unit
Nos. 1 and 2. The exemption is a prerequisite for the NRC staff to
issue license amendments for the Salem units, which will complete
the proposed action. The NRC staff's review of the exemption and
license amendment requests are being performed concurrently. The
Commission has previously issued a proposed finding that the
associated license amendments involve no significant hazards
consideration, and there has been no public comment on such finding
(89 FR 79971; October 1, 2024). Therefore, the NRC staff has
determined that the proposed action involves no significant hazards
consideration. The NRC staff has also determined that the proposed
action involves no significant increase in the amounts, and no
significant change in the types, of any effluents that may be
released offsite, and that there is no significant increase in
individual or cumulative occupational radiation exposure because
Optimized ZIRLO\TM\ has similar properties and performance
characteristics as the currently licensed cladding.
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, pursuant to 10
CFR 51.22(b), no environmental impact statement or environmental
assessment need be prepared in connection with the issuance of the
exemption.
V. 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 PSEG an exemption
from 10 CFR 50.46 and 10 CFR part 50, appendix K, paragraph I.A.5,
to support the use of Optimized ZIRLOTM fuel rod cladding
material in Salem, Unit Nos. 1 and 2. This exemption relates solely
to the limitations on cladding material in these regulations.
Dated at Rockville, Maryland, this 24th day of April 2025.
For the Nuclear Regulatory Commission.
Aida Rivera-Varona,
Deputy Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2025-07737 Filed 5-2-25; 8:45 am]
BILLING CODE 7590-01-P