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MONTHYEARML1102803632011-01-28028 January 2011 Acceptance Review Email, Amendment to Revise Technical Specifications 5.3.1 and 6.9.1.6. to Allow Fuel Assemblies with Optimized Zirlo Cladding; Associated Exemption from 10 CFR 50.46 and Appendix K (TAC ME5238-39, ME5365-66) Project stage: Acceptance Review ML1124113012011-10-0404 October 2011 FRN: General Notice. South Texas Project, Units 1 and 2 - Environmental Assessment and Finding of No Significant Impact, Proposed Exemption from 10 CFR 50.46 and 10 CFR 50 Appendix K to Allow Use of Optimized Zirlo as Fuel Rod Cladding Mate Project stage: Approval ML1124112922011-10-0404 October 2011 Letter, Environmental Assessment and Finding of No Significant Impact, Proposed Exemption from 10 CFR 50.46 and 10 CFR 50 Appendix K to Allow Use of Optimized Zirlo as Fuel Rod Cladding Material (TAC ME5365-ME5366) Project stage: Approval ML1124206162011-10-27027 October 2011 Exemption from the Requirements of 10 CFR Section 50.46 and Appendix K to 10 CFR Part 50 to Allow the Use of Optimized Zirlo as Fuel Rod Cladding Material Project stage: Approval NRC-2011-0233, South Texas Project, Units 1 and 2 - Exemption from the Requirements of 10 CFR Section 50.46 and Appendix K to 10 CFR Part 50 to Allow the Use of Optimized Zirlo as Fuel Rod Cladding Material (TAC Nos. ME5365 and ME5366)2011-10-27027 October 2011 South Texas Project, Units 1 and 2 - Exemption from the Requirements of 10 CFR Section 50.46 and Appendix K to 10 CFR Part 50 to Allow the Use of Optimized Zirlo as Fuel Rod Cladding Material (TAC Nos. ME5365 and ME5366) Project stage: Approval ML1124206112011-10-28028 October 2011 Letter, Exemption from the Requirements of 10 CFR Section 50.46 and Appendix K to 10 CFR Part 50 to Allow the Use of Optimized Zirlo as Fuel Rod Cladding Material Project stage: Approval 2011-10-27
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Category:Exemption from NRC Requirements
MONTHYEARML23324A0102023-11-16016 November 2023 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation ML23114A0152023-04-28028 April 2023 Exemption from the Requirements of 10 CFR 20.2206 (EPID L-2023-LLE-0009) (FRN) ML23094A2702023-04-27027 April 2023 Exemption from the Requirements of 10 CFR 20.2206 (EPID L-2023-LLE-0009) (Exemption) ML23094A2712023-04-27027 April 2023 Exemption from the Requirements of 10 CFR 20.2206 (EPID L-2023-LLE-0009) (Letter) ML23103A4322023-04-13013 April 2023 Request for Exemption from 10 CFR 20.2206(c) Due to Issues Obtaining Data ML22094A1762022-04-25025 April 2022 Letter, NRC Granting of Exemption to South Texas Project ISFSI from CoC 1032 for 1 MPC ML22070B1402022-03-11011 March 2022 Independent Spent Fuel Storage Installation Request for Exemption from Certificate of Compliance (CoC) Inspection Requirement for One Multipurpose Canister ML20330A3122020-12-10010 December 2020 Exemption from Annual Force-on-Force Exercise Requirement of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Subsection VI.C.3(I)(1) (EPID L-2020-LLE-0205 (COVID-19)) ML20304A2862020-11-20020 November 2020 Federal Register Notice for COVID-19 October 2020 Group Exemptions ML20321A3312020-11-16016 November 2020 Request for a One-Time Exemption from 10 CFR 73, Appendix 8, Section VI, Subsection C.3.(1)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to Covid 19 Pandemic NOC-AE-20003767, Request for a One-Time Exemption from 10 CFR 73, Appendix 8, Section VI, Subsection C.3.(1)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to Covid 19 Pandemic2020-11-16016 November 2020 Request for a One-Time Exemption from 10 CFR 73, Appendix 8, Section VI, Subsection C.3.(1)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to Covid 19 Pandemic ML20224A2112020-08-11011 August 2020 Exemption Request from 10 CFR 50 Appendix E Due to COVID-19 Pandemic NOC-AE-20003756, Exemption Request from 10 CFR 50 Appendix E Due to COVID-19 Pandemic2020-08-11011 August 2020 Exemption Request from 10 CFR 50 Appendix E Due to COVID-19 Pandemic ML20177A6452020-07-15015 July 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for June 2020 ML20155K6792020-06-18018 June 2020 Temporary Exemption from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Section VI (EPID L-2020-LLE-0076 (COVID-19)) ML18129A1312018-03-0808 March 2018 Request for Exemption from the Requirements of 10 CFR 50.47 Without Enclosures 3 and 4 ML17037C8712017-07-11011 July 2017 Letter, Exemption from the Requirements of 10 CFR Part 50, Section 50.46 (CAC Nos. MF2402-MF2409) NOC-AE-13002954, Pilot Submittal and Request for Exemption for a Risk-Informed Approach to Resolve Generic Safety Issue (GSI)-1912013-01-31031 January 2013 Pilot Submittal and Request for Exemption for a Risk-Informed Approach to Resolve Generic Safety Issue (GSI)-191 ML1124206112011-10-28028 October 2011 Letter, Exemption from the Requirements of 10 CFR Section 50.46 and Appendix K to 10 CFR Part 50 to Allow the Use of Optimized Zirlo as Fuel Rod Cladding Material NRC-2011-0233, South Texas Project, Units 1 and 2 - Exemption from the Requirements of 10 CFR Section 50.46 and Appendix K to 10 CFR Part 50 to Allow the Use of Optimized Zirlo as Fuel Rod Cladding Material (TAC Nos. ME5365 and ME5366)2011-10-27027 October 2011 South Texas Project, Units 1 and 2 - Exemption from the Requirements of 10 CFR Section 50.46 and Appendix K to 10 CFR Part 50 to Allow the Use of Optimized Zirlo as Fuel Rod Cladding Material (TAC Nos. ME5365 and ME5366) ML1124206162011-10-27027 October 2011 Exemption from the Requirements of 10 CFR Section 50.46 and Appendix K to 10 CFR Part 50 to Allow the Use of Optimized Zirlo as Fuel Rod Cladding Material NRC-2010-0162, South Texas Project, Units 1 and 2 - Exemption from Certain Requirements of 10 CFR Part 26 Revised Fitness for Duty Rule Regarding Managing Fatigue During Severe Weather Conditions2010-07-0202 July 2010 South Texas Project, Units 1 and 2 - Exemption from Certain Requirements of 10 CFR Part 26 Revised Fitness for Duty Rule Regarding Managing Fatigue During Severe Weather Conditions ML1016901072010-07-0202 July 2010 Letter, Exemption from Certain Requirements of 10 CFR Part 26 Revised Fitness for Duty Rule Regarding Managing Fatigue During Severe Weather Conditions ML1016901142010-07-0202 July 2010 Exemption from Certain Requirements of 10 CFR Part 26 Revised Fitness for Duty Rule Regarding Managing Fatigue During Severe Weather Conditions NRC-2010-0060, South Texas Project, Units 1 and 2 - Exemption from Schedule for Compliance with 10 CFR Part 73 Physical Security Requirements (TAC Nos. ME2873 and ME2874)2010-03-0505 March 2010 South Texas Project, Units 1 and 2 - Exemption from Schedule for Compliance with 10 CFR Part 73 Physical Security Requirements (TAC Nos. ME2873 and ME2874) ML1003213142010-03-0505 March 2010 Cover Letter, Exemption from Schedule for Compliance with 10 CFR Part 73 Physical Security Requirements ML1003213202010-03-0505 March 2010 Exemption from Schedule for Compliance with 10 CFR Part 73 Physical Security Requirements NOC-AE-09002477, Revised Request for Exemption from Certain Requirements of the Fitness for Duty Rule for Managing Fatigue2009-10-14014 October 2009 Revised Request for Exemption from Certain Requirements of the Fitness for Duty Rule for Managing Fatigue NOC-AE-07002210, Request for Exemption from 10 CFR 50.82(a)(8)2007-09-19019 September 2007 Request for Exemption from 10 CFR 50.82(a)(8) ML0429405192004-10-19019 October 2004 Southtexas Exemption: Commission Has Determined That the Granting of Thus Exemption Will Not Have a Significant Effect on the Quality of the Human Environment 2023-04-28
[Table view] Category:Federal Register Notice
MONTHYEARML23279A0382023-10-30030 October 2023 Associated Independent Spent Fuel Storage Installation - Enclosure 1 -Order Approving Indirect Transfer of Licenses and Draft Conforming License Amendments (EPID L-2023-LLM-0004) (Order) ML23279A0342023-10-30030 October 2023 Associated Independent Spent Fuel Storage Installation - Order Approving Indirect Transfer of Licenses and Draft Conforming License Amendments (EPID L-2023-LLM-0004) (Letter) ML23188A1592023-07-14014 July 2023 the Associated ISFSI - Notice of Consideration of Approval of Indirect Transfer of Licenses and Conforming Amendments and Opportunity to Request a Hearing (EPID L-2023-LLM-0004) - FRN ML23114A0152023-04-28028 April 2023 Exemption from the Requirements of 10 CFR 20.2206 (EPID L-2023-LLE-0009) (FRN) ML23094A2712023-04-27027 April 2023 Exemption from the Requirements of 10 CFR 20.2206 (EPID L-2023-LLE-0009) (Letter) ML22293A0022022-11-30030 November 2022 Environmental Assessment and Finding of No Significant Impact Related to Alternate Disposal Procedures for Very Low-Level Radioactive Material - Transmittal Letter ML22293A0032022-11-30030 November 2022 Environmental Assessment and Finding of No Significant Impact Related to Alternate Disposal Procedures for Very Low-Level Radioactive Material - FRN ML22094A1772022-04-25025 April 2022 Federal Register Notice, NRC Granting of Exemption to South Texas Project ISFSI from CoC 1032 for 1 MPC ML20304A2862020-11-20020 November 2020 Federal Register Notice for COVID-19 October 2020 Group Exemptions ML20177A6452020-07-15015 July 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for June 2020 ML19238A3692019-09-0303 September 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 09/10/2019 ML19168A0842019-06-26026 June 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 07/02/2019 ML19140A4562019-05-28028 May 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 06/04/2019 ML18351A0022019-01-0202 January 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 01/02/2019 NRC-2018-0287, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 01/02/20192019-01-0202 January 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 01/02/2019 ML18173A1792018-08-0707 August 2018 OEDO-17-00070 - Notice of Issuance of Director'S Decision, 2.206 Petition for Emergency Enforcement Action Per 10 CFR 2.206 at Listed U.S. Reactors with Forged Components and Parts Manufactured at France'S AREVA-Le Creusot Forge and Japan C ML17146B1672017-09-28028 September 2017 FRN for Issuance of the Renewed Operating Licenses for South Texas Project, Units 1 and 2 ML17138A2762017-09-19019 September 2017 License Renewal Record of Decision ML17198A3292017-08-30030 August 2017 OEDO-17-00070 - Acknowledgement Letter, Paul Gunter, Beyond Nuclear, Petition for Emergency Enforcement Action Per 10 CFR 2.206 at Listed U.S. Reactors with Forged Components and Parts Manufactured at France'S AREVA-Le Creusot Forge and Jap ML17200A0652017-08-30030 August 2017 OEDO-17-00070 - Acknowledgement FRN, Paul Gunter, Beyond Nuclear, 2.206 Petition for Emergency Enforcement Action Per 10 CFR 2.206 at Listed U.S. Reactors with Forged Components and Parts Manufactured at France'S AREVA-Le Creusot Forge and NRC-2016-0092, South Texas Project, Units 1 and 2 - FRN: Exemption from the Requirements of 10 CFR 50.46 and 10 CFR Part 50, Appendix a, General Design Criteria 35, 38, 41 (CAC Nos. MF2402-MF2409)2017-07-11011 July 2017 South Texas Project, Units 1 and 2 - FRN: Exemption from the Requirements of 10 CFR 50.46 and 10 CFR Part 50, Appendix a, General Design Criteria 35, 38, 41 (CAC Nos. MF2402-MF2409) ML17037C8762017-07-11011 July 2017 FRN: Exemption from the Requirements of 10 CFR 50.46 and 10 CFR Part 50, Appendix a, General Design Criteria 35, 38, 41 (CAC Nos. MF2402-MF2409) ML17037C8712017-07-11011 July 2017 Letter, Exemption from the Requirements of 10 CFR Part 50, Section 50.46 (CAC Nos. MF2402-MF2409) ML16278A5992017-05-0202 May 2017 Environmental Assessment and Finding of No Significant Impact, Revise Licensing Basis as Documented in the UFSAR and Request for Exemptions, Risk-Informed Approach to Address GSI-191 (CAC MF2400 to MF2409) NRC-2016-0100, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 24, 20162016-05-13013 May 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 24, 2016 ML16131A7952016-05-13013 May 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 24, 2016 ML16032A3872016-04-26026 April 2016 Draft Environmental Assessment and Finding of No Significant Impact, Revise Licensing Basis as Documented in the UFSAR and Request for Exemptions, Risk-Informed Approach to Address GSI-191 (CAC MF2400-MF2409) ML16032A4032016-04-26026 April 2016 FRN, Draft Environmental Assessment and Finding of No Significant Impact, Revise Licensing Basis as Documented in the UFSAR and Request for Exemptions, Risk-Informed Approach to Address GSI-191 (CAC MF2400-MF2409) ML15356A5992015-12-29029 December 2015 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 5, 2016 ML15218A6252015-08-14014 August 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 14, 2015 ML13252A4022013-11-19019 November 2013 STP FSEIS FRN (Update) ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit ML12321A3112012-12-18018 December 2012 STP Units 1 and 2, LRA Review ML12321A3512012-12-18018 December 2012 Notice of Availability of the Dseis for Lr of STP, Units 1 and 2, for Public Comment ML12320A6032012-12-13013 December 2012 License Renewal Application Review (THC No. 201002271) ML12339A2652012-12-0505 December 2012 Notice of Availability of the Draft Plant-Specific Supplement 48 to the GEIS for License Renewal of Nuclear Plants Regarding South Texas Project, Units 1 and 2, (TAC ME5122, ME5123, ME4938, and ME4939) ML12195A0852012-12-0505 December 2012 Notice of Availability of the Draft Plant-Specific Supplement 48 to the GEIS for License Renewal of Nuclear Plants Regarding South Texas Project, Units 1 and 2, (TAC Nos. ME5122, ME5123, ME4938, and ME4939) ML12222A0232012-08-14014 August 2012 Letter, Withdrawal of License Amendment Request to Approve Revision to Fire Protection Program in Fire Hazards Analysis Report Related to Alternate Shutdown Capability ML12222A0262012-08-14014 August 2012 FRN - Withdrawal of License Amendment Request to Approve Revision to Fire Protection Program in Fire Hazards Analysis Report Related to Alternate Shutdown Capability NRC-2012-0196, South Texas Project, Units 1 and 2 - FRN - Withdrawal of License Amendment Request to Approve Revision to Fire Protection Program in Fire Hazards Analysis Report Related to Alternate Shutdown Capability (TAC Nos. ME6346 and ME6347)2012-08-14014 August 2012 South Texas Project, Units 1 and 2 - FRN - Withdrawal of License Amendment Request to Approve Revision to Fire Protection Program in Fire Hazards Analysis Report Related to Alternate Shutdown Capability (TAC Nos. ME6346 and ME6347) ML12056A0442012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status NRC-2012-0067, Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status2012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status NRC-2011-0233, South Texas Project, Units 1 and 2 - Exemption from the Requirements of 10 CFR Section 50.46 and Appendix K to 10 CFR Part 50 to Allow the Use of Optimized Zirlo as Fuel Rod Cladding Material (TAC Nos. ME5365 and ME5366)2011-10-27027 October 2011 South Texas Project, Units 1 and 2 - Exemption from the Requirements of 10 CFR Section 50.46 and Appendix K to 10 CFR Part 50 to Allow the Use of Optimized Zirlo as Fuel Rod Cladding Material (TAC Nos. ME5365 and ME5366) ML1124206162011-10-27027 October 2011 Exemption from the Requirements of 10 CFR Section 50.46 and Appendix K to 10 CFR Part 50 to Allow the Use of Optimized Zirlo as Fuel Rod Cladding Material ML1124113012011-10-0404 October 2011 FRN: General Notice. South Texas Project, Units 1 and 2 - Environmental Assessment and Finding of No Significant Impact, Proposed Exemption from 10 CFR 50.46 and 10 CFR 50 Appendix K to Allow Use of Optimized Zirlo as Fuel Rod Cladding Mate NRC-2011-0187, Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/20112011-08-11011 August 2011 Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/2011 ML1122302752011-08-11011 August 2011 Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/2011 ML1120917232011-08-0404 August 2011 FRN, Withdrawal of License Amendment Request, Revise Application of Control Risk Management Program in Technical Specification 3.7.7, Control Room Makeup and Cleanup Filtration System NRC-2011-0063, Individual Notice of Consideration of Issuance of Amendment, Revise Technical Specification 6.8.3.I, Containment Post Tensioning System Surveillance Program, Consistent with Updated Edition of ASME Code, Section Xi2011-03-15015 March 2011 Individual Notice of Consideration of Issuance of Amendment, Revise Technical Specification 6.8.3.I, Containment Post Tensioning System Surveillance Program, Consistent with Updated Edition of ASME Code, Section Xi ML1107405012011-03-15015 March 2011 Letter, Individual Notice of Consideration of Issuance of Amendment, Revise Technical Specification 6.8.3.I, Containment Post Tensioning System Surveillance Program, Consistent with Updated Edition of ASME Code, Section XI 2023-07-14
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-498 and 50-499; NRC-2011-0238]
STP Nuclear Operating Company South Texas Project, Units 1 and 2 Exemption 1.0 Background STP Nuclear Operating Company (STPNOC, the licensee) is the holder of Facility Operating License Nos. NPF-76 and NPF-80, which authorizes operation of the South Texas Project (STP), Units 1 and 2. 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, the Commission) now or hereafter in effect.
The facility consists of a pressurized-water reactor located in Matagorda County in Texas.
2.0 Request/Action Pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 12, Specific exemptions, the licensee has, by letter dated December 21, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML103630408), requested an exemption from 10 CFR 50.46, Acceptance criteria for emergency core cooling systems
[(ECCS)] for light-water nuclear power reactors, and Appendix K to 10 CFR 50, ECCS Evaluation Models. The regulations in 10 CFR 50.46 contain acceptance criteria for the ECCS for reactors fueled with zircaloy or ZIRLOTM cladding. In addition, Appendix K to 10 CFR Part
50 requires that the Baker-Just equation be used to predict the rates of energy release, hydrogen concentration, and cladding oxidation from the metal/water reaction. The Baker-Just equation assumes the use of zircaloy or ZIRLOTM, which is a material different from Optimized ZIRLOTM. The licensees requested exemption relates solely to the specific types of cladding material specified in these regulations. As written, the regulations presume the use of zircaloy or ZIRLOTM fuel rod cladding. Thus, an exemption from the requirements of 10 CFR 50.46 and Appendix K is needed to support the use of a different fuel rod cladding material. Accordingly, the licensee requested an exemption that would allow the use of Optimized ZIRLOTM fuel rod cladding at STP, Units 1 and 2.
3.0 Discussion Pursuant to 10 CFR 50.12, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 50 (1) when 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) when special circumstances are present. Under 10 CFR 50.12(a)(2), special circumstances include, among other things, when application of the specific regulation in the particular circumstance would not serve, or is not necessary to achieve, the underlying purpose of the rule.
Authorized by Law This exemption would allow the use of Optimized ZIRLO TM fuel rod cladding material at STP, Units 1 and 2. As stated above, 10 CFR 50.12 allows the NRC to grant exemptions from the requirements of 10 CFR Part 50. The NRC staff has determined that granting of the licensees proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commission=s regulations. Therefore, the exemption is authorized by law.
No Undue Risk to Public Health and Safety The underlying purpose of 10 CFR 50.46 is to establish acceptance criteria for ECCS performance. Westinghouse topical reports WCAP-12610-P-A and CENPD-404-P-A, Addendum 1-A, Optimized ZIRLOTM, dated July 2006, contain the justification to use Optimized ZIRLOTM fuel rod cladding material in addition to Zircaloy-4 and ZIRLOTM (these topical reports are non-publicly available because they contain proprietary information). The NRC staff approved the use of these topical reports, subject to the conditions stated in the NRC staffs safety evaluation for each topical report. Ring compression tests performed by Westinghouse on Optimized ZIRLOTM were reviewed and approved by the NRC staff (ADAMS Accession No. ML062080569), and demonstrate an acceptable retention of post-quench ductility up to the 10 CFR 50.46 limits of 2200 degrees Fahrenheit and 17 percent equivalent clad reacted. Furthermore, the NRC staff has concluded that oxidation measurements provided by the licensee illustrate that oxide thickness (and associated hydrogen pickup) for Optimized ZIRLOTM at any given burnup would be less than that for both zircaloy and ZIRLOTM (ADAMS Accession No. ML073130555). Hence, the NRC staff concludes that Optimized ZIRLOTM would be expected to maintain improved post-quench ductility over ZIRLOTM. Finally, the licensee stated that Westinghouse will perform an evaluation to ensure that the Optimized ZIRLOTM fuel rods continue to satisfy 10 CFR 50.46 acceptance criteria utilizing currently NRC-approved loss-of-coolant accident (LOCA) models and methods.
The underlying purpose of 10 CFR Part 50, Appendix K, Section I.A.5, Metal-Water Reaction Rate, is to ensure that cladding oxidation and hydrogen generation are appropriately limited during a LOCA and conservatively accounted for in the ECCS evaluation model.
Appendix K of 10 CFR Part 50 requires that the Baker-Just equation be used in the ECCS evaluation model to determine the rate of energy release, cladding oxidation, and hydrogen
generation. Since the use of the Baker-Just equation presumes the use of zircaloy-clad fuel, strict application of the rule would not permit use of the equation for Optimized ZIRLOTM cladding for determining acceptable fuel performance. Westinghouse has demonstrated that the Baker-Just model is conservative in all post-LOCA scenarios with respect to the use of the Optimized ZIRLOTM advanced alloy as a fuel cladding material.
The NRC-approved topical reports have demonstrated that predicted chemical, thermal, and mechanical characteristics of the Optimized ZIRLOTM alloy cladding are bounded by those approved for ZIRLOTM under anticipated operational occurrences and postulated accidents.
Reload cores are required to be operated in accordance with the operating limits specified in the technical specifications and the core operating limits report.
Based on the above, no new accident precursors are created by using Optimized ZIRLOTM, thus, the probability of postulated accidents is not increased. Also, based on the above, the consequences of postulated accidents are not increased. Therefore, there is no undue risk to public health and safety due to using Optimized ZIRLOTM.
Consistent with Common Defense and Security The proposed exemption would allow the use of Optimized ZIRLOTM fuel rod cladding material at STP, Units 1 and 2. This change to the plant configuration has no relation to security issues. Therefore, the common defense and security is not impacted by this exemption.
Special Circumstances Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii), are present whenever application of the regulation in the particular circumstances is not necessary to achieve the underlying purpose of the rule. The underlying purpose of 10 CFR 50.46 and Appendix K to 10 Part 50 is to establish acceptance criteria for ECCS performance. The wording of the
regulations in 10 CFR 50.46 and Appendix K is not directly applicable to Optimized ZIRLOTM, even though the evaluations above show that the intent of the regulation is met. Therefore, since the underlying purposes of 10 CFR 50.46 and Appendix K are achieved through the use of Optimized ZIRLOTM fuel rod cladding material, the special circumstances required by 10 CFR 50.12(a)(2)(ii) for the granting of an exemption exist.
4.0 CONCLUSION
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 the licensee an exemption from the requirements of 10 CFR 50.46 and Appendix K to 10 CFR Part 50, to allow the use of Optimized ZIRLOTM fuel rod cladding material at STP, Units 1 and 2.
Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will not have a significant effect on the quality of the human environment and published an environmental assessment for this exemption on October 11, 2011 (76 FR 62861).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 27th day of October 2011.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Michele G. Evans, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation