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MONTHYEARML0903607382009-01-30030 January 2009 Request for Temporary Exemption from the Provisions of 10 CFR 50.46 and 10 CFR 50, Appendix K for Lead Fuel Assemblies, and Proposed Change Number (PCN)-589, Amendment Application Numbers 254 and 240, Respectively Project stage: Request ML0907001972009-02-11011 February 2009 Acceptance Review Email, Insufficient Info, Temporary Exemption from 10 CFR 50.46 and 10 CFR 50, Appendix K for Lead Fuel Assemblies & License Amendment to Revise TS 5.7.1.5, Core Operating Limits Report (TAC ME0602-ME0605) Project stage: Acceptance Review ML0907003302009-03-11011 March 2009 Acceptance Review Complete Email, Temporary Exemption from 10 CFR 50.46 and 10 CFR 50, Appendix K for Lead Fuel Assemblies & License Amendment to Revise TS 5.7.1.5, Core Operating Limits Report (TAC Nos. ME0602-ME0605) Project stage: Acceptance Review ML0907802512009-03-16016 March 2009 Response to NRC Questions Regarding Request for Temporary Exemption from the Provisions of 10 CFR 50.46 and 10 CFR 50, Appendix K for Lead Fuel Assemblies, and Proposed Change Number -589, Amendment Application Numbers 254. Project stage: Request ML0908307052009-09-28028 September 2009 Environmental Assessment and Finding of No Significant Impact Related to Request for Temporary Exemption from 10 CFR 50, Appendix K, for Lead Fuel Assemblies Project stage: Approval ML0908307002009-09-28028 September 2009 Transmittal Letter, Environmental Assessment and Finding of No Significant Impact Related to Request for Temporary Exemption from 10 CFR 50, Appendix K, for Lead Fuel Assemblies Project stage: Approval NRC-2009-0439, Environmental Assessment and Finding of No Significant Impact Related to Request for Temporary Exemption from 10 CFR 50, Appendix K, for Lead Fuel Assemblies (TAC Nos. ME0602 and ME0603)2009-09-28028 September 2009 Environmental Assessment and Finding of No Significant Impact Related to Request for Temporary Exemption from 10 CFR 50, Appendix K, for Lead Fuel Assemblies (TAC Nos. ME0602 and ME0603) Project stage: Approval ML0927403102009-09-29029 September 2009 Response to Request for Additional Information on Request for Temporary Exemption from the Provisions of 10 CFR 50.46 and 10 CFR 50, Appendix K for Lead Fuel Assemblies, and Proposed Change Number. Project stage: Response to RAI ML0908604152009-12-17017 December 2009 Letter, Temporary Exemption from the Requirement of 10 CFR Part 50, Section 50.46 and Appendix K for Lead Fuel Assemblies Project stage: Approval ML0908604292009-12-17017 December 2009 Temporary Exemption from the Requirement of 10 CFR Part 50, Section 50.46 and Appendix K for Lead Fuel Assemblies Project stage: Approval NRC-2009-0570, Temporary Exemption from the Requirement of 10 CFR Part 50, Section 50.46 and Appendix K for Lead Fuel Assemblies2009-12-17017 December 2009 Temporary Exemption from the Requirement of 10 CFR Part 50, Section 50.46 and Appendix K for Lead Fuel Assemblies Project stage: Approval 2009-03-11
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Category:Federal Register Notice
MONTHYEARML22280A0972023-01-0505 January 2023 Exemption Request Regarding 10 CFR 72.106 (B) ML22356A0782023-01-0505 January 2023 100 Meter ISFSI Controlled Area Boundary Exemption ML22353A5482022-12-21021 December 2022 Federal Register Notice for SONGS Environmental Assessment for the Controlled Area Boundary Exemption ML21123A0842021-05-19019 May 2021 FRN - Notice of Issuance of Multiple COVID-19 Exemptions Regarding Various Parts of 10 CFR Issued in April 2021 ML20287A4172020-11-13013 November 2020 Federal Register Notice - Southern California Edison San Onofre Nuclear Generating Station, Units 1, 2, and 3 ML18127B7232018-05-14014 May 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 22, 2018 NRC-2018-0096, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 22, 20182018-05-14014 May 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 22, 2018 ML17355A0232018-01-0505 January 2018 FRN SONGS Onsite Insurance Exemption FRN ML17339A1252018-01-0505 January 2018 FRN SONGS Offsite Insurance Exempt NRC-2018-0003, FRN SONGS Offsite Insurance Exempt2018-01-0505 January 2018 FRN SONGS Offsite Insurance Exempt ML15355A0552016-07-18018 July 2016 San Onofre Nuclear Generating Station, Units 1, 2, and 3 - Exemption From Record Keeping Requirements ML15355A2682016-07-18018 July 2016 San Onofre Nuclear Generating Station Records Exemption Federal Register Notice ML16004A1182016-01-0707 January 2016 FRN, Issuance of Confirmatory Orders, Authorize Use of Preemption Authority Granted Under Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended ML15174A1022016-01-0505 January 2016 ISFSI - Enclosure 4, Confirmatory Order, Authorize Use of Preemption Authority Granted Under Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended ML15176A4072015-11-0303 November 2015 Draft Environmental Assessment and Finding of No Significant Impact Related to Preemption Authority Requests ML15176A4202015-11-0303 November 2015 Cover Letter Regarding Draft Environmental Assessment and Finding of No Significant Impact Related to Preemption Authority Requests NRC-2013-0083, G20120891; LTR-15-0172-1 - FRN, Revised Director'S Decision 2.206 -10 CFR Part 50.59 Review for the Replacement Steam Generators at San Onofre Nuclear Generating Station, Units 2 and 32015-10-0202 October 2015 G20120891; LTR-15-0172-1 - FRN, Revised Director'S Decision 2.206 -10 CFR Part 50.59 Review for the Replacement Steam Generators at San Onofre Nuclear Generating Station, Units 2 and 3 ML15267A1582015-10-0202 October 2015 G20120891; LTR-15-0172-1 - Revised Director'S Decision Regarding Richard Ayres Ltr. 2.206 - 10 CFR Part 50.59 Review for the Replacement Steam Generators at San Onofre Nuclear Generating Station, Units 2 and 3 ML15267A1712015-10-0202 October 2015 G20120891; LTR-15-0172-1 - FRN, Revised Director'S Decision 2.206 -10 CFR Part 50.59 Review for the Replacement Steam Generators at San Onofre Nuclear Generating Station, Units 2 and 3 ML15183A4812015-07-28028 July 2015 G20120892; LTR-15-0172-1- FRN, Final Director'S Decision 2.206 - 10 CFR Part 50.59 Review for the Replacement Steam Generators at San Onofre Nuclear Generation Station, Units 1 and 2 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-2015-0093, Independent Spent Fuel Storage Installation - Exemptions from Certain Emergency Planning Requirements (TAC Nos. MF3835, MF3836, and MF3837)2015-06-0404 June 2015 Independent Spent Fuel Storage Installation - Exemptions from Certain Emergency Planning Requirements (TAC Nos. MF3835, MF3836, and MF3837) ML15082A1432015-06-0404 June 2015 Independent Spent Fuel Storage Installation - Exemptions from Certain Emergency Planning Requirements ML15082A2042015-06-0404 June 2015 Independent Spent Fuel Storage Installation - Letter, Exemptions from Certain Emergency Planning Requirements and Related Safety Evaluation ML15056A2772015-04-0909 April 2015 and ISfSI- FRN Environmental Assessment and Finding of No Significant Impact Related to Request for Exemptions from Certain Emergency Planning Requirements ML15056A2742015-04-0909 April 2015 ISFSI- Letter Environmental Assessment and Finding of No Significant Impact Related to Request for Exemptions from Certain Emergency Planning Requirements ML15022A4962015-02-0909 February 2015 ISFSI - FRN, Notice of Consideration of Issuance of Amendment, Order Imposing Procedures for Document Access to SUNSI, Authorize Use of Peremption Authority Granted Under Provisions of Section 161A of AEA of 1954, as Amended ML15022A4872015-01-30030 January 2015 ISFSI - Ltr, Notice of Consideration of Issuance of Amendment, Order Imposing Procedures for Document Access to SUNSI, Authorize Use of Preemption Authority Granted Under Provisions of Section 161A of AEA of 1954, as Amended NRC-2014-0917, Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 16, 20142014-09-0505 September 2014 Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 16, 2014 NRC-2014-0170, Exemption from 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(2) to Allow Use of Decommissioning Trust Funds for Irradiated Fuel Management and Site Restoration Activities (TAC Nos. MF3544 and MF3545)2014-09-0505 September 2014 Exemption from 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(2) to Allow Use of Decommissioning Trust Funds for Irradiated Fuel Management and Site Restoration Activities (TAC Nos. MF3544 and MF3545) ML14247A1542014-09-0505 September 2014 Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 16, 2014 ML14101A1412014-09-0505 September 2014 Exemption from 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(2) to Allow Use of Decommissioning Trust Funds for Irradiated Fuel Management and Site Restoration Activities ML14101A1212014-07-15015 July 2014 Environmental Assessment and Finding of No Significant Impact, Exemption from 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(2) to Allow Use of Decommissioning Trust Funds for Irradiated Fuel Management and Site Restoration ML14101A1142014-07-15015 July 2014 Letter, Environmental Assessment and Finding of No Significant Impact, Request for Exemption from 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(2) ML13228A3992013-08-12012 August 2013 Letter to Holders of Independent Spent Fuel Storage Installation (ISFSI) Licenses Re Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit - Rin 3150-AI64 (NRC-2009-0163) EA-02-109 ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit ML13177A2872013-07-0808 July 2013 Letter, Notice of Withdrawal of Application for Amendment to Revise Technical Specification (TS) 2.1.1, TS 4.2.1, and TS 5.7.1.5; Exemption Request for Permanent Unrestricted Use of Areva Fuel (TAC ME6820-ME6823) NRC-2013-0155, FRN, Notice of Withdrawal of Application for Amendment to Revise Technical Specification (TS) 2.1.1, TS 4.2.1, and TS 5.7.1.5; Exemption Request for Permanent Unrestricted Use of Areva Fuel (TAC Nos. ME6820-ME6823)2013-07-0808 July 2013 FRN, Notice of Withdrawal of Application for Amendment to Revise Technical Specification (TS) 2.1.1, TS 4.2.1, and TS 5.7.1.5; Exemption Request for Permanent Unrestricted Use of Areva Fuel (TAC Nos. ME6820-ME6823) ML13177A2902013-07-0808 July 2013 FRN, Notice of Withdrawal of Application for Amendment to Revise Technical Specification (TS) 2.1.1, TS 4.2.1, and TS 5.7.1.5; Exemption Request for Permanent Unrestricted Use of Areva Fuel (TAC Nos. ME6820-ME6823) ML13164A1432013-06-14014 June 2013 Withdrawal of License Amendment Request No. 263 (TAC No. MF1379) and Cessation of Review of Return to Service Report ML13164A1362013-06-14014 June 2013 FRN, Withdrawal of License Amendment Request, Revise License Condition and Technical Specifications to Require Compliance with Steam Generator Structural Integrity Performance Criterion to Be Demonstrated Up to 70% RTP ML13121A4592013-06-0505 June 2013 Order Designating an Interim Class of NRC Licensed Facilities That Are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended NRC-2013-0127, Order Designating an Interim Class of NRC Licensed Facilities That Are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended2013-06-0505 June 2013 Order Designating an Interim Class of NRC Licensed Facilities That Are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended ML13106A1932013-04-30030 April 2013 G20120891 - San Onofre Nuclear Generating Station, Units 2 and 3 - Acknowledgement Letter to 2.206 Petitioner Friends of the Earth Regarding Steam Generator Tube Leak ML13106A1952013-04-30030 April 2013 G20120891 - Federal Register Notice, San Onofre Nuclear Generating Station, Units 2 and 3 - Acknowledgement to 2.206 Petitioner Friends of the Earth Regarding Steam Generator Tube Leak ML13098A0182013-04-10010 April 2013 Notice of Consideration of Issuance of Amendment, Revise License Condition and Technical Specifications to Require Compliance with Steam Generator Structural Integrity Performance Criterion Be Demonstrated Up to 70% RTP ML13098A0202013-04-10010 April 2013 Letter, Notice of Consideration of Issuance of Amendment, Revise License Condition and Technical Specifications to Require Compliance with Steam Generator Structural Integrity Performance Criterion to Be Demonstrated Up to 70% RTP ML12216A0912012-08-0808 August 2012 Individual Notice of Consideration of Issuance of Amendment, Technical Specification Conversion to Standard Technical Specifications, NUREG-1432, Revision 3 Plus Selected Approved Travelers 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 2023-01-05
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7590-01-P NUCLEAR REGULATORY COMMISSION SOUTHERN CALIFORNIA EDISON SAN ONOFRE NUCLEAR GENERATING STATION, UNIT 2 AND UNIT 3 DOCKET NOS. 50-361 AND 50-362 NRC-2009-0570 TEMPORARY EXEMPTION
1.0 BACKGROUND
Southern California Edison (SCE, the licensee) is the holder of the Facility Operating License Nos. NPF-10 and NPF-15, which authorize operation of the San Onofre Nuclear Generating Station, Units 2 and 3 (SONGS 2 and 3), respectively. The licenses provide, among other things, that the facility is subject to all rules, regulations, and orders of the Nuclear Regulatory Commission (NRC or the Commission) now or hereafter in effect. The facility consists of two pressurized-water reactors (PWRs) located in San Diego County, California. 2.0 REQUEST/ACTION Pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 50.12, ASpecific exemptions,@ SCE has, by letter dated January 30, 2009, as supplemented by letters dated March 16 and September 29, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession Nos. ML090360738, ML090780251, and ML092740310, respectively), requested a temporary exemption from 10 CFR 50.46, AAcceptance criteria for emergency core cooling systems for light-water nuclear power reactors,@ and Appendix K to 10 CFR 50, AECCS [emergency core cooling system] Evaluation Models
@ (Appendix K). The regulation in 10 CFR 50.46 contains acceptance criteria for the ECCS for light-water nuclear power reactors fueled with uranium oxide pellets within cylindrical zircaloy or ZIRLO TM 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 in the development and application of an acceptable ECCS model. The temporary exemption request relates solely to the specific types of cladding material specified in these regulations. As written, the regulations require the use of zircaloy or ZIRLO TM fuel rod cladding. Thus, SCE needs an exemption from the requirements of 10 CFR 50.46, and Appendix K in order to use (irradiate) lead fuel assemblies (LFAs) with a different cladding material, M5 alloy, at SONGS 2 and 3. The scope of the staff's review of this temporary exemption request is limited to the current burnup limits (i.e., 60 gigawatt-days per metric ton of uranium (GWD/MTU)). Extending the burnup of these LFAs above 60 GWD/MTU will require further NRC staff review and is beyond the scope of this exemption request. The temporary exemption requested by the licensee would allow up to 16 LFAs with M5 alloy cladding manufactured by AREVA NP to be inserted into the SONGS 2 reactor core or the SONGS 3 reactor core. Currently, eight AREVA NP LFAs are scheduled for loading into the SONGS 2 reactor core for Cycle 16. The exemption would allow the LFAs to be used for up to three operating cycles (Cycles 16, 17, and 18). The use of M5 alloy LFAs will allow SCE to evaluate cladding performance for future fuel assemblies that need to be of a more robust design than the current fuel assemblies, to allow for possible higher duty or extended burnup. 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 and safety, and are consistent with the common defense and security; and (2) 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 temporary exemption would allow the licensee to use a limited number of M5 alloy LFAs to evaluate cladding performance for the design of future fuel assemblies, which may need to be more robust than current fuel assemblies, to account for possible higher duty or extended burnup conditions. The regulations specify standards and acceptance criteria only for fuel rods clad with zircaloy or ZIRLOŽ. Thus, a temporary exemption is required to allow the licensee to use fuel rods clad with an advanced alloy that is not zircaloy or ZIRLOŽ. As stated above, 10 CFR 50.12 explicitly authorizes the NRC to grant exemptions from the requirements of 10 CFR Part 50. The NRC staff has determined that granting of the licensee's proposed temporary 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 In regard to the fuel mechanical design, the temporary exemption request for SONGS 2 and 3 relates solely to the types of cladding material specified in the regulations. No new or altered design limits for purposes of 10 CFR 50, Appendix A, General Design Criterion 10, "Reactor Design," need to be applied or are required for the licensee's LFA program. In its exemption request, SCE committed to perform additional analyses of the LFAs to verify LFA performance and compatibility with existing fuel assemblies. These analyses will use approved methods, in compliance with the existing Technical Specifications (TS) and consistent with the Updated Final Safety Analysis Report (UFSAR) for SONGS 2 and 3, and will address the core physics, core thermal hydraulics, fuel thermal-mechanical design, and other safety analysis aspects of the LFAs. The LFAs will be placed in non-limiting core locations, in accordance with TS 4.2.1, "Fuel Assemblies," where the peak integrated radial power peaking factor in the LFAs will be 0.95 or less of the core maximum integrated radial power peaking factor at all times in life. SCE further committed to perform poolside examinations of the LFAs after each cycle of operation to evaluate their performance and acceptability for continued use. The underlying purpose of 10 CFR 50.46 is to establish acceptance criteria for ECCS performance. The staff's review and approval of topical report BAW-10227P-A, "Evaluation of Advanced Cladding and Structural Material (M5) in PWR Reactor Fuel," dated February 4, 2000 (ADAMS Accession Nos. ML003681479 and ML003681490), addressed all of the important aspects of M5 cladding with respect to ECCS performance requirements: (1) applicability of 10 CFR 50.46(b) fuel acceptance criteria, (2) M5 material properties including fuel rod ballooning and rupture strains, and (3) steam oxidation kinetics and applicability of the Baker-Just weight gain correlation. A subsequent NRC-approved topical report, BAW-10240P-A, "Incorporation of M5 Properties in Framatome ANP Approved Methods," dated May 5, 2004 (ADAMS Accession No. ML041260560), further addressed M5 material properties with respect to loss-of-coolant accident (LOCA) applications. Based on an ongoing LOCA research program at Argonne National Laboratory (ANL), and NRC Research Information Letter 0801, "Technical Basis for Revision of Embrittlement Criteria in 10 CFR 50.46," dated May 30, 2008 (ADAMS Accession No. ML081350225), cladding corrosion (and associated hydrogen pickup) has a significant impact on post-quench ductility. Pre-test characterization of irradiated M5 fuel cladding segments at ANL provides further evidence of favorable corrosion and hydrogen pickup characteristics of M5 as compared with standard Zircaloy-4. Hence, the M5 fuel rods would be less susceptible to the detrimental effects of hydrogen uptake during normal operation and their impact on post-quench ductility.
Furthermore, ANL post-quench ductility tests on un-irradiated and irradiated M5 cladding segments demonstrate that the 10 CFR 50.46(b) fuel criteria (i.e., 2200 degrees Fahrenheit and 17 percent equivalent cladding reacted) remain conservative up to current burnup limits. Information provided in the NRC-approved M5 alloy topical reports, as well as recent ANL LOCA research, demonstrates that the acceptance criteria within 10 CFR 50.46 remain valid for M5 alloy cladding, and thus, the underlying purpose of the rule-to maintain a degree of post-quench ductility in the fuel cladding material-is met. Paragraph I.A.5 of Appendix K to 10 CFR Part 50 states that the rates of energy release, hydrogen generation, 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 the rule would not permit use of the equation for the LFA cladding for determining acceptable fuel performance. Metal-water reaction tests performed on M5 alloy material by AREVA NP (as discussed in topical report BAW-10227P-A) demonstrate conservative reaction rates relative to the Baker-Just equation. Thus, strict application of Appendix K, Paragraph I.A.5 is not necessary to achieve the underlying purpose of the rule in these circumstances, as acceptable performance of the LFAs can be demonstrated. In addition, SCE states that the LFAs will be placed in non-limiting core locations, which provides further margin to ECCS performance requirements and ensures that the behavior of the LFAs is bounded by the safety analyses performed for the standard fuel rods. Based upon the results of metal-water reaction testing and mechanical testing, which demonstrate that the 10 CFR 50.46 acceptance criteria and 10 CFR 50 Appendix K methods can be applied to the M5 alloy material, and the planned placement of the LFAs in non-limiting core locations, the NRC staff finds it acceptable to grant a temporary exemption from the requirements of 10 CFR 50.46 and Appendix K to 10 CFR Part 50 for the use of up to 16 AREVA NP LFAs within SONGS 2 and 3. Based on the above, no new accident precursors are created by allowing the use of the LFAs with M5 cladding material in the SONGS 2 and/or SONGS 3 reactor cores during operating Cycles 16, 17, and 18; therefore, 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 in granting this temporary exemption. Consistent with Common Defense and Security The temporary exemption would allow up to 16 LFAs, with advanced M5 alloy cladding material, to be inserted into the SONGS 2 reactor core or potentially into the SONGS 3 reactor core. Currently, eight AREVA NP LFAs are scheduled to be loaded into the SONGS 2 core for Cycle 16, to be used for up to three operating cycles (Cycles 16, 17, and 18). This change to the reactor core configuration does not affect any existing or planned security measures. Therefore, the common defense and security is not impacted by this temporary exemption.
Special Circumstances Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii), are present whenever application of the specific regulation in the particular circumstance would not serve, or 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 the M5 advanced cladding alloy, even though the evaluations discussed above show that the intent of the regulations is met. Therefore, since the underlying purposes of 10 CFR 50.46 and Appendix K are achieved with the use of the M5 advanced cladding alloy, the special circumstances required by 10 CFR 50.12(a)(2)(ii) for granting of an exemption exist.
4.0 CONCLUSION
Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12(a), the temporary 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 SCE temporary exemption from the requirements of 10 CFR 50.46 and Appendix K to 10 CFR Part 50 to allow up to 16 LFAs clad with M5 alloy and manufactured by AREVA NP, to be inserted into the SONGS 2 reactor core or the SONGS 3 reactor core, in non-limiting core locations, for use for up to three operating cycles (Cycles 16, 17, and 18 for the respective units). Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this temporary exemption will not have a significant effect on the quality of the human environment (74 FR 51339; October 6, 2009). This temporary exemption is effective upon issuance. Dated at Rockville, Maryland, this 17 th day of December 2009. FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation