ML081780429
| ML081780429 | |
| Person / Time | |
|---|---|
| Issue date: | 10/09/2008 |
| From: | Borchardt R NRC/EDO, Office of Nuclear Reactor Regulation |
| To: | Butler J Nuclear Energy Institute |
| Lynn Hall, 415-3759 | |
| Shared Package | |
| ML081780472 | List: |
| References | |
| PRM-50-71 | |
| Download: ML081780429 (3) | |
Text
October 9, 2008 Mr. John Butler Director of Safety Focused Regulations Nuclear Energy Institute 1776 I Street, NW Suite 400 Washington, DC 20006-3708
Dear Mr. Butler:
I am responding to the petition for rulemaking (PRM) dated March 14, 2000, that David J.
Modeen, then Director of Engineering Nuclear Generation Division of the Nuclear Energy Institute, submitted to the U.S. Nuclear Regulatory Commission (NRC). The petition was docketed as PRM-50-71 and requested that the NRC amend its regulations in Title 10 of the Code of Federal Regulations (10 CFR) Part 50.44, Combustible Gas Control for Nuclear Power Reactors and 10 CFR 50.46, Acceptance Criteria for Emergency Core Cooling Systems for Light-Water Nuclear Power Reactors, in order to achieve regulatory process efficiencies by eliminating the need for licensees to obtain exemptions in order to use advanced cladding materials.
The notice of receipt of the petition was published in the Federal Register on May 31, 2000 (65 FR 34599). The comment period closed on August 14, 2000. The NRC received 11 comment letters.
In response to this petition, the NRC amended 10 CFR 50.44 of its regulations (68 FR 54123; September 16, 2003) to eliminate the requirement to use Zircaloy or ZIRLO cladding. With respect to the cladding requirements specified in 10 CFR 50.46, the NRC has determined that the request in PRM-50-71 is appropriate for consideration and, in fact, is already considering it in the ongoing Performance-Based Emergency Core Cooling System (ECCS) Cladding Acceptance Criteria rulemaking. This rulemaking proposes revisions to the NRC regulations in 10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities, that address licensing of production and utilization facilities in which the remaining open issues from PRM-50-71 will be resolved. The NRC will address comments on PRM-50-71 in the Performance Based Emergency Core Cooling System (ECCS) Cladding Acceptance Criteria rulemaking.
The NRC is transmitting the enclosed Federal Register notice regarding PRM-50-71 to the Office of the Federal Register for publication.
You can monitor further NRC action on the issues raised by the petition on the Performance-Based ECCS Cladding Acceptance Criteria, rulemaking at the Federal rulemaking portal, http://www.regulations.gov, by searching on rulemaking docket ID: NRC-2000-0004 and docket ID: NRC-2008-0332. The NRC also tracks all rulemaking actions in NUREG-0936, NRC Regulatory Agenda: Semiannual Report.
As indicated above, the Commission has concluded its evaluation of PRM-50-71 and included it for consideration as part of the proposed rule Performance-Based ECCS Cladding Acceptance Criteria. Therefore, the NRC considers PRM-50-71 closed.
Sincerely,
/RA/
R. W. Borchardt Executive Director for Operations
Enclosure:
Federal Register Notice
(s): ML081780472 (Package); ML081780439 (FRN)*concurred via Memo
- concurred via e-mail OFFICE NRR/DPR/PFPB NRR/DPR/PFPB NRR/DPR/PRAB:
ADM
- NAME LHall RDudley JZimmerman MLesar DATE 08/04/08 08/04/08 08/15/08 08/22/08 OFFICE Tech Editor**
OGC/GCLR/RFC NRR/DPR NRR EDO NAME CHsu BJones MCase ELeeds RBorchardt DATE 09/11/2008 08/20/08 08/19/08 10/ 02 /08 10 /09/08