ML20079H120

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Exemption from 10CFR50.46 Requirements Re Use of Demonstration Fuel Assemblies During Cycles 8,9 & 10
ML20079H120
Person / Time
Site: McGuire 
Issue date: 09/27/1991
From: Varga S
Office of Nuclear Reactor Regulation
To:
DUKE POWER CO.
Shared Package
ML20079H123 List:
References
NUDOCS 9110100145
Download: ML20079H120 (5)


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llNITED STATES OF AMERICA NtlCLEAR REGtlLATORY COMMISSION In the f!atter of DUKE POWER COMPANY Docket No. :^ 469 (ficGuireNuclearStationUnit1)

EXE"PTION-1.

Duke Power Company (the licensee) is the holder of Facility Operating License No. NPF-9 which authorizes operation of ticGuire Nuclear $tation, Unit 1.

The license provides, among other things, that the licentee be subject to all rules, regulations, and Orders of the Nuclear Regulatory Comission (the Commission)noworhereafterineffect.

The facility consists of a pressurized water reactor at the licensee's site located in Mecklenburg County, North Carolina.

11.

By letter dated April 18, 1991, the licensee requested an exenption to 10 CFR 50.46 that would enable the use of two demonstration assemblies during McGuire Unit 1 Cycles 8, 9, and 10 Subsequent to that request, the NRC staff determined that exemptions to Appendix K to 10 CFR 50 and 10 CFR 50.44 were needed in addition to the 10 CFR 50.46 exemption. These regulations refer to pressurized water reactors fueled with uranium oxide pellets within cylindrical Zircaloy cladding. -The two demonstration assemblies contain fuel rods with zirconium based claddings that are not chemically identical to Zircalo.s 9110100145 91o927 PJR ADOCK 05000369 P

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2 Since 10 CFR 50.46 and Appendix K identify requirements for calculating ECCS performance for reactors containing fuel with Zircaloy cladding, and 10 CFR 50.44 relates to the generation of hydrogen gas from a metal. water reactor with reactor fuel having Zircaloy cladding, an exemption is required to place the two demnnstration assemblies containing fuel rods with advanced zirconium based claddings in the core.

Ill.

10 CFR 50.12(a)(2)(ii) enables the Commission to grant an exemption from the requirements of part 50 when special circumstances are present such thet application of the regulation in the particular circumstances would not serve the underlying purpose of the rule, or is not necessary to achieve the under-lying purpose of the rule.

The underlying purpose of 10 CFR 50.46 and 10 CFR 50 Appendix K is to establish requirements for the calculation of ECCS perfor-mance. The licensee has performed a calculation demonstrating adequate ECCS performance for McGuire Unit I and has shown that the two demonstration assem.

blies do not have a significant impact on that previous calculation. As such.

the licensee has achieved the underlying purpose of 10 CFR 50.46 and Appendix K.

The underlyir.g purpose of 10 CFR 50.44 is to ensure that means are provided for the control of hydrogen gas that may be generated following a postulated loss-of-coolant accident. The licensee has provided means for controlling

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hydrogen gas and has previously considered the potential for hydrogen gas l

L generation steming from a metal-water reaction.

The small number of fuel rods in the two demonstration assemblies containing advanced zirconium based j

claddings in con.iunction with the chemical similarity of the advanced claddings to Zircaloy ensures that previous calculations of hydrogen production resulting from a metal-water reactor would not be significantly changed. As such, the licensee has t:hieved the underlying purpose of 10 CFR 50.44.

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3 The two demonstration assemblies that will be piaced in the f4cGuire Unit I reactor during Cycles 8, 9, and 10 meet the same design bases as the fue*,

currently in the reactor.

No safety limits or setpoints have been altered as result of the use of the two demonstration assemblies.

The demor.stration assemblies will b) placed in core locations that will rot experience limiting pnwer peaking during Cycles 8, 9, or 10.

The advanced claddings have been tested for corrosion resistance, tensile and burst strength, and creep characteristics.

The results in >cate that the advanced claddings are safe for reactor ser-ice.

IV.

For the foregoing reasons, the HRC staff has concluded that the use of the the two demonstracion assemblies in the McGuire Unit I reactor during Cycles 8, 9, and 10 will not present an undue risk to public health and safety and is consistent with the common defense and security.

The NRC staff has determined that there are special circumstances present as specified in 10 CFR 50.12(a)(2) such that application of 10 CFR 50.46,'10 CFR 50 Appendix K, and 10 CFR 50.44 to explicitly consider the advanced clad fuel rods present within the two demonstration assemblies is not necessary in order to achieve the underlying purpot.e of these regulations.

Accordingly, the Commission has determined that pursuant to 10 CFR 50.12, an exemption is authorized by law and will not endanger life or property or common defense and security and is otherwise in the public interest, and hereby grants Duke Power Company an exemption from an the reouirements of 10 CFR 50.46,10 CFR 50 Appendix K, and 10 CFR 50.44 in that explicit consideration of the advanced zirconium based clad fuel present within the two demonstration assemblies is

. not required in order to be in compliance with these regulations.

This exemp-tion applies oniv to the two demonstration assemblies for the time period (Cycles 8, 9, and it'. for which these assemb'iits will be in the McGuire Unit I reactor core.

3 Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will not result in any significant environmental impact (56 FR 48217).

For further information regarding this action, see the licensee's sobnittal dat_d April 18, 1991, which is available for inspection at the Commission's Public Document Room, 2120 L Street, N.W., Washington, D.C., and at Atkins Library, University ot North Carolina, Charlotte (UNCC Station), North Carolina 28223.

This exemption is effective upon issuance.

FORTHENUCLKREGULATORYCOMMISSION f

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rga, Dirt:tpr Div1; ion of Reactor r h jects - 1/11 Office of S citar Reactor Regulation Dated at Rockville, Maryland, this 27th day of September 1991

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.A not required in order to be in compliance with these regulations, This exemp.

tion applies only to the two demonstration assemblies for the time period (Cycles 8, 9, and 10) for which these assemblies will be in the McGuire Unit i reactor core.

Pursuant to 10 CFR 51.32, the Comission has determined that the granting of this exemption will not result in any significant environmental impact

( 56 FR 48217),

for further information regarding this action, see the licensee's submittal dated April 1R,1991, which is available for inspec*, ion at the Conanission's Public Document Room, 2120 L Street, N.W., Washington, D.C., and at Atkins Library, University of North Carolina, Charlotte (UNCC Station), North Ca olina 28223.

This exemption is effective upon issuance.

FOR THE NUCLEAR REGutATORY COMMISSION ORIGINAL SIGNED BY:

Steven A. Varga, Director Division of Reactor Projects - 1/11 i

Office of Nuclear Reactor Regulation

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Dated at Rockville, Maryland, this 27thay of September 1991 I

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0FFICIAL RECORD COPY V

Document Name: MCGUIRE EXEMPTION 80308

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