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Category:Exemption from NRC Requirements
MONTHYEARML24004A1582024-01-19019 January 2024 Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0039 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) AEP-NRC-2023-45, Unit 2 - Schedular Exemption for Enhanced Weapons, Firearms, Background Checks, and Security Event Notifications Implementation2023-11-16016 November 2023 Unit 2 - Schedular Exemption for Enhanced Weapons, Firearms, Background Checks, and Security Event Notifications Implementation ML20324A0032020-12-0808 December 2020 Exemption from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Section VI (EPID L-2020-LLE-0182 (COVID-19)) ML20336A1112020-12-0303 December 2020 Exemption from Select Requirements of 10 CFR Part 26 (EPID L-2020-LLE-0221 (COVID-19)) ML20304A2862020-11-20020 November 2020 Federal Register Notice for COVID-19 October 2020 Group Exemptions AEP-NRC-2020-64, Unit 2 - Request for a One-Time Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to Covid 19 Pandemic2020-11-0404 November 2020 Unit 2 - Request for a One-Time Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to Covid 19 Pandemic ML20283A2632020-10-0909 October 2020 Exemption from Select Requirements of 10 CFR Part 26 (EPID L-2020-LLE-0161) (COVID-19)) ML20191A0072020-10-0101 October 2020 Exemptions from Certain Requirements of 10 CFR 54.37 and 10 CFR 50.54 (L-2020-LLE-0052 and L-2020-LLE-0053) ML20171A6862020-07-21021 July 2020 Temporary Exemption from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Section VI (EPID L-2020-LLE-0104 (COVID-19)) ML12142A2992012-08-23023 August 2012 Exemption from 10 CFR 50.46 and App. K of 10 CFR 50 to Permit Use of Optimized Zirlo 0CAN031002, Exemption from the Requirements of 10 CFR 50.36a(a)(2) with Regards to Submittal Date for the Radioactive Effluent Release Report2010-03-18018 March 2010 Exemption from the Requirements of 10 CFR 50.36a(a)(2) with Regards to Submittal Date for the Radioactive Effluent Release Report ML0302200732003-03-20020 March 2003 DC Cook, Unit 2, License Amendment, Reactor Vessel Pressure - Temperature Limits and Exemption from the Requirements of 10 CFR Part 50, Section 50.60(a) 2024-01-19
[Table view] Category:Federal Register Notice
MONTHYEARML21251A3692021-09-21021 September 2021 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures: Octobe ML21004A0652021-01-0606 January 2021 Individual Notice of Consideration of Issuance of Amendment, Revise Technical Specifications to Allow One-Time Change to Integrated Leak Rate Test Interval to No Later than Plant Startup After Fall 2022 Refueling Outage ML21004A0442021-01-0606 January 2021 Letter, Individual Notice of Consideration of Issuance of Amendment, Revise Technical Specifications to Allow One-Time Change to Integrated Leak Rate Test Interval to No Later than Plant Startup After Fall 2022 Refueling Outage ML20353A2252020-12-28028 December 2020 FRN, Individual Notice of Consideration of Issuance of Amendment, Proposed No Significant Hazards Consideration Determination, and Opportunity for Hearing - One-Time Deferral of Steam Generator Inspection ML20353A2242020-12-28028 December 2020 Ltr, Individual Notice of Consideration of Issuance of Amendment, Proposed No Significant Hazards Consideration Determination, and Opportunity for Hearing - One-Time Deferral of Steam Generator Inspection ML20304A2862020-11-20020 November 2020 Federal Register Notice for COVID-19 October 2020 Group Exemptions ML20191A0072020-10-0101 October 2020 Exemptions from Certain Requirements of 10 CFR 54.37 and 10 CFR 50.54 (L-2020-LLE-0052 and L-2020-LLE-0053) ML20035C4082020-02-18018 February 2020 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 02/25/2020 ML19295F0902019-11-0505 November 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 11/05/2019 ML19085A2172019-03-29029 March 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 04/09/2019 ML19042A3062019-02-15015 February 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 2/26/2019 ML18295A7442018-10-25025 October 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 11/06/18 ML18180A2182018-07-0505 July 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 7/17/2018 NRC-2018-0140, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 7/17/20182018-07-0505 July 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 7/17/2018 NRC-2017-0238, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 20182017-12-21021 December 2017 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 2018 ML17353A1922017-12-21021 December 2017 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 2018 NRC-2016-0202, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 20162016-09-19019 September 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 2016 ML16257A5172016-09-19019 September 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 27, 2016 ML16229A2552016-08-18018 August 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations- Publication Date: August 30, 2016 NRC-2016-0180, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations- Publication Date: August 30, 20162016-08-18018 August 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations- Publication Date: August 30, 2016 ML16061A3012016-03-0202 March 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: March 15, 2016 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 ML15204A2792015-07-27027 July 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 4, 2015 NRC-2015-0104, Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication in April 28, 2015, Federal Register2015-04-20020 April 2015 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication in April 28, 2015, Federal Register ML15106A9162015-04-20020 April 2015 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication in April 28, 2015, Federal Register ML13018A2392015-04-0808 April 2015 G20110171 - Letter to Petitioner Saporito on Proposed Director'S Decision Regarding 2.206 Petition Dated: March 12, 2011 ML14177A6452014-06-27027 June 2014 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations NRC-2014-0028, Biweekly Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 18, 20142014-02-10010 February 2014 Biweekly Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 18, 2014 ML14037A4142014-02-10010 February 2014 Biweekly Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 18, 2014 ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit ML12142A2872012-08-23023 August 2012 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 Clad Fuel Rods ML12142A2992012-08-23023 August 2012 Exemption from 10 CFR 50.46 and App. K of 10 CFR 50 to Permit Use of Optimized Zirlo NRC-2012-0199, D. C. Cook: Environmental Assessment for Optimized Zirlo Fuel Amendment and Exemption2012-08-16016 August 2012 D. C. Cook: Environmental Assessment for Optimized Zirlo Fuel Amendment and Exemption ML12124A2512012-08-16016 August 2012 Environmental Assessment for Optimized Zirlo Fuel Amendment and Exemption 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-2011-0230, FRN: General Notice. Biweekly Notice - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations2011-09-22022 September 2011 FRN: General Notice. Biweekly Notice - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations ML1126504892011-09-22022 September 2011 FRN: General Notice. Biweekly Notice - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations NRC-2011-0216, September 20, 2011 Applications and Amendments to Facility Operating License Involving No Significant Hazards Considerations2011-09-0808 September 2011 September 20, 2011 Applications and Amendments to Facility Operating License Involving No Significant Hazards Considerations ML11251A0092011-09-0808 September 2011 September 20, 2011 Applications and Amendments to Facility Operating License Involving No Significant Hazards Considerations NRC-2011-0188, Exemption for Use of Optimized Zirlo as Fuel Rod Cladding Material2011-08-24024 August 2011 Exemption for Use of Optimized Zirlo as Fuel Rod Cladding Material ML1116100442011-08-24024 August 2011 Exemption for Use of Optimized Zirlo as Fuel Rod Cladding Material ML1116100542011-08-24024 August 2011 Letter Transmitting Exemption from the Requirements of 10 CFR Section 50.46 and Appendix K to 10 CFR Part 50 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 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 ML11195A1232011-08-11011 August 2011 Letter Transmitting Environmental Assessment Regarding Fuel Burnup Limit of 62 Gwd/Mtu NRC-2011-0040, Sholly Report for Fr Publication on February 22, 20112011-02-10010 February 2011 Sholly Report for Fr Publication on February 22, 2011 ML1104103732011-02-10010 February 2011 Sholly Report for Fr Publication on February 22, 2011 ML1026701882010-09-28028 September 2010 Transmittal Letter Notice of Consideration for Issuance of Amendment, Technical Specification Changes Consistent with TSTF-447, Revision 1, Elimination of Hydrogen Recombiners and Change to Hydrogen and Oxygen Monitors ML1026704162010-09-28028 September 2010 Federal Register Notice, Notice of Consideration for Issuance of Amendment, Technical Specification Changes Consistent with TSTF-447, Revision 1, Elimination of Hydrogen Recombiners and Change to Hydrogen and Oxygen Monitors 2021-09-21
[Table view] |
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[NRC-2012-0199]
INDIANA MICHIGAN POWER COMPANY DONALD C. COOK NUCLEAR PLANT, UNIT 2 DOCKET NO. 50-316 EXEMPTION 1.0 Background Indian Michigan Power Company (the licensee) is the holder of Renewed Facility Operating License No. DPR-74, which authorizes operation of the Donald C. Cook Nuclear Plant, Unit 2 (CNP-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, or the Commission) now or hereafter in effect.
The facility consists of a pressurized-water reactor located in Berrien County in Michigan.
2.0 Request/Action Pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 50.12, Specific exemptions, the licensee has, by letter dated September 29, 2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML11286A198),
requested an exemption from 10 CFR 50.46, Acceptance criteria for emergency core cooling systems 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 emergency core cooling system (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 a zirconium alloy, 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 CNP-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 when (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) 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 CNP-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 Commissions 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 adequate ECCS performance. As previously documented in the NRC staffs review of topical reports
submitted by Westinghouse Electric Company, LLC (Westinghouse), and subject to compliance with the specific conditions of approval established therein, the NRC staff finds that the applicability of these ECCS acceptance criteria to Optimized ZIRLO' has been demonstrated by Westinghouse. Ring compression tests performed by Westinghouse on Optimized ZIRLO' (see Appendix B of non-public NRC-approved topical report WCAP-12610-P-A & CENPD-404-P-A, Addendum 1-A, Optimized ZIRLO', July 2006, ADAMS Accession No. ML062080576; the public version is WCAP-14342-A & CENPD-404-NP-A at ADAMS Accession No. ML062080569) demonstrate an acceptable retention of post-quench ductility up to 10 CFR 50.46 limits of 2,200 oF and 17 percent equivalent clad reacted (ECR). Furthermore, the NRC staff has concluded that oxidation measurements previously provided by Westinghouse (SER Compliance with WCAP-12610-P-A & CENPD-404-P-A Addendum 1-A Optimized ZIRLO',
November 2007, non-public version at ADAMS Accession No. ML073130562, public version at ADAMS Accession No. ML073130560) illustrate that oxide thickness (and associated hydrogen pickup) for Optimized ZIRLO' at any given burnup would be less than both zircaloy-4 and ZIRLO'. Hence, the NRC staff concludes that Optimized ZIRLO' would be expected to maintain better post-quench ductility than ZIRLO'. This finding is further supported by an ongoing loss-of-coolant accident (LOCA) research program at Argonne National Laboratory, which has identified a strong correlation between cladding hydrogen content (due to in-service corrosion) and post-quench ductility.
In addition, the provisions of 10 CFR 50.46 require the licensee to periodically evaluate the performance of the emergency core cooling system (ECCS), using currently approved LOCA models and methods, to ensure that the fuel rods will continue to satisfy 10 CFR 50.46 acceptance criteria. Granting the exemption to allow the licensee to use Optimized ZIRLOTM fuel rods in addition to the current mix of fuel rods does not diminish this requirement of periodic
evaluation of ECCS performance. Thus, the underlying purpose of the rule will continue to be achieved for Donald C. Cook Nuclear Plant, Unit 2.
Paragraph I.A.5 of Appendix K to 10 CFR part 50 states that the rates of energy release, hydrogen concentration, and cladding oxidation from the metal-water reaction shall be calculated using the Baker-Just equation. Since the Baker-Just equation presumes the use of zircaloy clad fuel, strict application of this provision of the rule would not permit use of the equation for Optimized ZIRLO' cladding for determining acceptable fuel performance.
However, the NRC staff previously found that metal-water reaction tests performed by Westinghouse on Optimized ZIRLO' (see Appendix B of WCAP-12610-P-A & CENPD-404-P-A, Addendum 1-A) demonstrate conservative reaction rates relative to the Baker-Just equation.
Thus, the NRC staff agrees that application of Appendix K, paragraph I.A.5 is not necessary to achieve the underlying purpose of the rule in these circumstances. Since these evaluations demonstrate that the underlying purpose of the rule will be met, there will be no undue risk to the public health and safety.
Consistent with Common Defense and Security The proposed exemption would allow the use of Optimized ZIRLOTM fuel rod cladding material at CNP-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 CFR 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 CNP-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 has published an environmental assessment for this exemption on August 23, 2012 (77 FR 51071).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 23rd day of August, 2012.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Michele Evans, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation