ML042940500

Southtexas, Units 1 and 2 Exemption from the Requirements of Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Appendix K and Section 50.46

ML042940500
Person / Time
Site:	South Texas
Issue date:	10/19/2004
From:	Jaffe D Division of Nuclear Materials Safety IV
To:	Sheppard J South Texas
Jaffe D, NRR/DLPM, 415-1439
Shared Package
ML043070598	List: ML042940500 ML042940519
References
TAC MC3368, TAC MC3369
Download: ML042940500 (5)

Text

October 19, 2004 Mr. James J. Sheppard President and Chief Executive Officer STP Nuclear Operating Company South Texas Project Electric Generating Station P. O. Box 289 Wadsworth, TX 77483

SUBJECT:

SOUTH TEXAS PROJECT, UNITS 1 AND 2 - RE: EXEMPTION FROM THE REQUIREMENTS OF TITLE 10 OF THE CODE OF FEDERAL REGULATIONS (10 CFR) PART 50, APPENDIX K AND SECTION 50.46 (TAC NOS. MC3368 AND MC3369)

Dear Mr. Sheppard:

The Commission has approved the enclosed exemption from specific requirements of 10 CFR Part 50, Appendix K and Section 50.46, for South Texas Project, Units 1and 2. This action is in response to your letter dated May 27, 2004, as supplemented by letter dated August 23, 2004, requesting an exemption from the aforementioned regulations. The Exemption allows the use of up to eight lead test assemblies containing fuel rods, guide thimble tubes, and instrumentation tubes fabricated with Optimized ZIRLOTM, a cladding material that contains a nominally lower tin content than the already approved ZIRLOTM material. No exemption to the requirements of 10 CFR Section 50.44 is necessary in this case.

We are providing the exemption to you at this time, for review, to assure that any information that Westinghouse claims to be proprietary would not be inadvertently released to the general public. Our conclusions concerning the proprietary nature of your May 27, 2004, submittal are contained in a July 1, 2004, letter to Mr. J. A. Gresham, Westinghouse Electric Company. No proprietary information was identified in your letter dated August 23, 2004.

If no notice concerning any proprietary information in the enclosed exemption is received within two weeks of receipt of this letter, we will assume that the exemption is non-proprietary and a copy of the exemption will be forwarded to the Office of the Federal Register for publication and otherwise made available to the general public.

Sincerely,

/RA/

David H. Jaffe, Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499

Enclosure:

As stated cc w/o encl: See next page

October 19, 2004 Mr. James J. Sheppard President and Chief Executive Officer STP Nuclear Operating Company South Texas Project Electric Generating Station P. O. Box 289 Wadsworth, TX 77483

SUBJECT:

SOUTH TEXAS PROJECT, UNITS 1 AND 2 - RE: EXEMPTION FROM THE REQUIREMENTS OF TITLE 10 OF THE CODE OF FEDERAL REGULATIONS (10 CFR) PART 50, APPENDIX K AND SECTION 50.46 (TAC NOS. MC3368 AND MC3369)

Dear Mr. Sheppard:

The Commission has approved the enclosed exemption from specific requirements of 10 CFR Part 50, Appendix K and Section 50.46, for South Texas Project, Units 1and 2. This action is in response to your letter dated May 27, 2004, as supplemented by letter dated August 23, 2004, requesting an exemption from the aforementioned regulations. The Exemption allows the use of up to eight lead test assemblies containing fuel rods, guide thimble tubes, and instrumentation tubes fabricated with Optimized ZIRLOTM, a cladding material that contains a nominally lower tin content than the already approved ZIRLOTM material. No exemption to the requirements of 10 CFR Section 50.44 is necessary in this case.

We are providing the exemption to you at this time, for review, to assure that any information that Westinghouse claims to be proprietary would not be inadvertently released to the general public. Our conclusions concerning the proprietary nature of your May 27, 2004, submittal are contained in a July 1, 2004, letter to Mr. J. A. Gresham, Westinghouse Electric Company. No proprietary information was identified in your letter dated August 23, 2004.

If no notice concerning any proprietary information in the enclosed exemption is received within two weeks of receipt of this letter, we will assume that the exemption is non-proprietary and a copy of the exemption will be forwarded to the Office of the Federal Register for publication and otherwise made available to the general public.

Sincerely,

/RA/

David H. Jaffe, Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499

Enclosure:

As stated cc w/o encl: See next page DISTRIBUTION: See next page ADAMS Accession Number: ML042940500 OFFICE PDIV-1/PM PDIV-1/LA SRXB/SC* OGC*(NLO) PDIV-1/SC PDIV/D DLPM/D NAME DJaffe DJohnson FAkstulewicz AHodgdon MWebb HBerkow LMarsh DATE 10/8/04 10/7/04 9/21/04 9/24/04 10/8/04 10/8/04 10/18/04 OFFICIAL RECORD COPY

DISTRIBUTION FOR LETTER TO JAMES SHEPPARD:

Dated: October 19, 2004 PUBLIC w/o encl.

PDIV-1 Reading RidsNrrDlpm (LMarsh)

RidsNrrDlpmLpdiv (HBerkow)

RidsNrrDlpmLpdiv1 (RGramm)

RidsNrrLADBaxley RidsNrrPMDJaffe RidsOgcRp GHill(4)

RidsAcrsAcnwMailCenter RidsRgn4MailCenter (AHowell)

MMitchell FAkstulewicz RidsNrrDlpmDpr (SWall)

South Texas Project, Units 1 & 2 cc:

Senior Resident Inspector A. H. Gutterman, Esq.

U.S. Nuclear Regulatory Commission Morgan, Lewis & Bockius P. O. Box 910 1111 Pennsylvania Avenue, NW Bay City, TX 77414 Washington, DC 20004 C. Kirksey/C. M. Canady Mr. T. J. Jordan, Vice President City of Austin Engineering & Technical Services Electric Utility Department STP Nuclear Operating Company 721 Barton Springs Road P. O. Box 289 Austin, TX 78704 Wadsworth, TX 77483 Mr. L. K. Blaylock S. M. Head, Manager, Licensing Mr. J. Nesrsta Nuclear Quality & Licensing Department City Public Service Board STP Nuclear Operating Company P. O. Box 1771 P. O. Box 289, Mail Code: N5014 San Antonio, TX 78296 Wadsworth, TX 77483 Mr. C. A. Johnson Environmental and Natural Resources AEP Texas Central Company Policy Director P. O. Box 289 P. O. Box 12428 Mail Code: N5022 Austin, TX 78711-3189 Wadsworth, TX 77483 Jon C. Wood INPO Cox Smith Matthews Records Center 112 East Pecan, Suite 1800 700 Galleria Parkway San Antonio, TX 78205 Atlanta, GA 30339-3064 Arthur C. Tate, Director Regional Administrator, Region IV Division of Compliance & Inspection U.S. Nuclear Regulatory Commission Bureau of Radiation Control 611 Ryan Plaza Drive, Suite 400 Texas Department of State Health Services Arlington, TX 76011 1100 West 49th Street Austin, TX 78756 D. G. Tees/R. L. Balcom Texas Genco, LP Brian Almon P. O. Box 1700 Public Utility Commission Houston, TX 77251 William B. Travis Building P. O. Box 13326 Judge, Matagorda County 1701 North Congress Avenue Matagorda County Courthouse Austin, TX 78701-3326 1700 Seventh Street Bay City, TX 77414 October 2004

South Texas Project, Units 1 & 2 Susan M. Jablonski Office of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P.O. Box 13087 Austin, TX 78711-3087 Mr. Terry Parks, Chief Inspector Texas Department of Licensing and Regulation Boiler Division P. O. Box 12157 Austin, TX 78711 Mr. Ted Enos 4200 South Hulen Suite 630 Ft. Worth, Texas 76109