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Category:Exemption from NRC Requirements
MONTHYEARML24170A7312024-07-29029 July 2024 – Exemption from the Requirements of 10 CFR 50.55a(H)(2) Using the Risk-Informed Process for Evaluations Letter ML24170A7342024-07-26026 July 2024 – Exemption from the Requirements of 10 CFR 50.55a(H)(2) Using the Risk-Informed Process for Evaluations ML24170A7352024-07-26026 July 2024 – FRN Exemption from the Requirements of 10 CFR 50.55a(H)(2) Using the Risk-Informed Process for Evaluations ML24067A0372024-03-20020 March 2024 Federal Register Notice - Issuance of Multiple Exemptions Regarding 10 CFR Part 73 - February 2024 ML24032A2632024-02-23023 February 2024 – Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0044 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) RA-23-0008, Request for Exemption from Certain Requirements in 10 CFR 50.55a(h)(2) Using Risk-Informed Process for Evaluations2024-02-0606 February 2024 Request for Exemption from Certain Requirements in 10 CFR 50.55a(h)(2) Using Risk-Informed Process for Evaluations RA-23-0318, Supplement to Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-12-0404 December 2023 Supplement to Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation RA-23-0284, RA-23-0284 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-11-16016 November 2023 RA-23-0284 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation ML20330A3012020-12-17017 December 2020 Exemption from Annual Force-on-Force Exercise Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Subsection VI.C.3(l)(1) (EPID L-2020-LLE-0180 (COVID-19)) 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 ML20142A1852020-06-0909 June 2020 Temporary Exemption from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Section VI ML19254A6202019-09-17017 September 2019 Duke Energy Fleet (Brunswick, Catawba, Robinson, McGuire, Oconee, and Shearon Harris) - Alternative to Use Encoded Phased Array Ultrasonic Examination in Lieu of Radiography ML12025A1612012-02-24024 February 2012 Transmittal Letter - Exemption Regarding Use of M5 Alloy Fuel Rod Cladding NRC-2012-0034, Federal Register Notice - Exemption Regarding Use of M5 Alloy Fuel Rod Cladding2012-02-24024 February 2012 Federal Register Notice - Exemption Regarding Use of M5 Alloy Fuel Rod Cladding ML12025A1622012-02-24024 February 2012 Federal Register Notice - Exemption Regarding Use of M5 Alloy Fuel Rod Cladding NRC-2010-0020, Exemption2010-12-14014 December 2010 Exemption ML1034001702010-12-14014 December 2010 Exemption ML0936209062010-02-24024 February 2010 Exemption from the Requirements of 10 CFR Part 73, Section 73.55 ML0936209082010-02-24024 February 2010 FRN: Shearon Harris Nuclear Power Power Plant, Unit 1 - Exemption 2024-07-29
[Table view] Category:Federal Register Notice
MONTHYEARML24170A7312024-07-29029 July 2024 – Exemption from the Requirements of 10 CFR 50.55a(H)(2) Using the Risk-Informed Process for Evaluations Letter ML24170A7342024-07-26026 July 2024 – Exemption from the Requirements of 10 CFR 50.55a(H)(2) Using the Risk-Informed Process for Evaluations ML24170A7352024-07-26026 July 2024 – FRN Exemption from the Requirements of 10 CFR 50.55a(H)(2) Using the Risk-Informed Process for Evaluations ML24067A0372024-03-20020 March 2024 Federal Register Notice - Issuance of Multiple Exemptions Regarding 10 CFR Part 73 - February 2024 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 ML20071F7222020-03-24024 March 2020 Gaia Fuel LAR NSHC FRN with SUNSI or SUNSI and SGI ML20079L2702020-03-18018 March 2020 Notice of Consideration of Issuance of Amendment to Renewed Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing and Order Imposing Procedures 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 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 ML18278A2802018-10-10010 October 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 10/23/2018 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 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-2018-0096, 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 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-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 ML16271A0922016-09-28028 September 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: October 11, 2016 ML16215A2272016-08-0303 August 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 16, 2016 NRC-2016-0161, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 16, 20162016-08-0303 August 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 16, 2016 ML16187A2232016-07-18018 July 2016 Federal Register Notice on Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Au NRC-2016-0143, Federal Register Notice on Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI2016-07-18018 July 2016 Federal Register Notice on Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI - Au ML16173A0572016-07-11011 July 2016 Notice of Consideration of Issuance of Amendment to Facility Operating License, No Significant Hazards Consideration Determination, Opportunity for Hearing & Order Imposing Procedures for Document Access to Sensitive Unclassified Non-Safeguards Info 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 ML15328A5502015-11-27027 November 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 2015 NRC-2015-0269, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 20152015-11-27027 November 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 2015 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 NRC-2015-0165, Application 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 for2015-07-23023 July 2015 Application 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 for Acce ML15188A1632015-07-23023 July 2015 Application 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 for Acce ML15159A6322015-07-0606 July 2015 Letter Approving Direct Transfer of Control of Licenses and Conforming Amendments ML15042A2322015-04-13013 April 2015 Notice of Consideration of Approval of Transfer of Facility Operating License and Conforming Amendment, Opportunity for Hearing ML15022A6532015-01-26026 January 2015 Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 3, 2015 ML14233A2082014-08-22022 August 2014 Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 2, 2014 NRC-2014-0193, Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 2, 20142014-08-22022 August 2014 Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 2, 2014 ML14099A2172014-04-28028 April 2014 FRN on Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Access to SUNSI ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit ML13164A2012013-06-13013 June 2013 Correction to Bi-weekly Notice 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 ML12025A1622012-02-24024 February 2012 Federal Register Notice - Exemption Regarding Use of M5 Alloy Fuel Rod Cladding NRC-2012-0034, Federal Register Notice - Exemption Regarding Use of M5 Alloy Fuel Rod Cladding2012-02-24024 February 2012 Federal Register Notice - Exemption Regarding Use of M5 Alloy Fuel Rod Cladding ML11313A1622012-02-0606 February 2012 Environmental Assessment and Finding of No Significant Impact ML11313A1632012-02-0606 February 2012 Federal Register Notice, Environmental Assessment and Finding of No Significant Impact ML11255A0572011-12-0202 December 2011 Federal Register Notice - Order Approving Indirect License Transfer NRC-2011-0283, Federal Register Notice - Order Approving Indirect License Transfer2011-12-0202 December 2011 Federal Register Notice - Order Approving Indirect License Transfer NRC-2011-0200, Federal Register Notice - Notice of Consideration2011-08-22022 August 2011 Federal Register Notice - Notice of Consideration ML11221A3772011-08-22022 August 2011 Federal Register Notice - Notice of Consideration 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 NRC-2011-0093, Federal Register Notice, Notice of Withdrawal of Application2011-04-20020 April 2011 Federal Register Notice, Notice of Withdrawal of Application 2024-07-29
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[NRC-2012-0034; Docket No. 50-400]
Carolina Power & Light Company Shearon Harris Nuclear Power Plant, Unit 1 Exemption
1.0 BACKGROUND
Carolina Power & Light Company, the licensee, doing business as Progress Energy Carolinas Inc., is the holder of Renewed Facility Operating License No. NPF-63, which authorizes operation of the Shearon Harris Nuclear Power Plant (HNP), Unit 1. 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 one pressurized-water reactor (PWR) located in New Hill, North Carolina.
2.0 REQUEST/ACTION Title 10 of the Code of Federal Regulations (10 CFR) 50.46, Acceptance criteria for emergency core cooling systems for light-water nuclear power reactors, requires, among other items, that each boiling or pressurized light-water nuclear power reactor fueled with uranium oxide pellets within cylindrical zircaloy or ZIRLO cladding must be provided with an emergency core cooling system (ECCS) that must be designed so that its calculated cooling performance following postulated loss-of-coolant accidents (LOCAs) conforms to the criteria set forth in paragraph (b) of this section. Appendix K to 10 CFR Part 50, ECCS Evaluation Models, requires, among other items, that the rate of energy release, hydrogen generation, and cladding oxidation from the metal/water reaction shall be calculated using the Baker-Just equation. The
regulations of 10 CFR 50.46 and 10 CFR Part 50, Appendix K, make no provisions for use of fuel rods clad in a material other than zircaloy or ZIRLO.
The licensee intends to load the M5TM cladding fuel assemblies into the core of HNP, Unit 1 during Refueling Outage 17, currently scheduled for spring 2012. The AREVA fuel design consists of low enriched uranium oxide fuel within M5TM zirconium alloy cladding. Since the chemical composition of the M5TM alloy differs from the specifications for zircaloy or ZIRLO, a plant-specific exemption is required to allow the use of the M5TM alloy as a cladding material or in other assembly structural components. Therefore, by letter dated January 19, 2011 (Agencywide Documents Access and Management System Accession No. ML110250473), the licensee requested an exemption from the requirements of 10 CFR 50.46 and Appendix K to 10 CFR Part 50 in order to use the fuel rods clad with AREVAs M5TM alloy.
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.
Authorized by Law This exemption would allow the use of M5TM advanced alloy, in lieu of zircaloy or ZIRLO, for fuel rod cladding in fuel assemblies at HNP, Unit 1. As stated above, 10 CFR 50.12 allows the NRC to grant exemptions from the requirements of 10 CFR 50.46 and Appendix K to 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 purposes of 10 CFR 50.46 and 10 CFR Part 50, Appendix K, are to ensure that facilities have adequate acceptance criteria for the ECCS, and to ensure that cladding oxidation and hydrogen generation are appropriately limited during a LOCA and conservatively accounted for in the ECCS evaluation model, respectively. Topical Reports (TRs) BAW-10227(P)-A, Evaluation of Advanced Cladding and Structural Material (M5) in PWR Reactor Fuel, which was approved by the NRC in February 2000, and BAW-10240(P)-A, Incorporation of M5 Properties in Framatome ANP Approved Methods, which was approved by the NRC in May 2004, demonstrated that the effectiveness of the ECCS will not be affected by a change from zircaloy to M5TM. In addition, the TRs also demonstrated that the Baker-Just equation (used in the ECCS evaluation model to determine the rate of energy release, cladding oxidation, and hydrogen generation) is conservative in all post-LOCA scenarios with respect to the use of M5TM advanced alloy as a fuel rod cladding material or in other assembly structural components. Based on the above, no new accident precursors are created by using M5TM advanced alloy, thus, the probability of postulated accidents is not increased. Also, based on the above, the consequences of postulated accidents are not increased. In addition, the licensee will use NRC-approved methods for the reload design process for HNP Unit 1 reloads with M5TM. Therefore, there is no undue risk to public health and safety due to using M5TM.
Consistent with Common Defense and Security The proposed exemption results in changes to the operation of the plant by allowing the use of the M5TM alloy as fuel cladding material or in other assembly structural components in lieu of zircaloy or ZIRLO. This change to the fuel material used in the plant has no relation to security issues. Therefore, the common defense and security are not impacted by this exemption request.
Special Circumstances Special circumstances, in accordance with 10 CFR 50.12, are present whenever application of the regulation in the particular circumstances would not serve the underlying purpose of the rule, or is not necessary to achieve the underlying purpose of the rule. In this circumstance neither 10 CFR 50.46 nor 10 CFR Part 50, Appendix K, explicitly allows the use of M5TM as a fuel rod cladding material or in use of other assembly structural components.
The underlying purpose of 10 CFR 50.46 is to ensure that facilities have adequate acceptance criteria for the ECCS. The staffs review and approval of TR BAW-10227(P)-A addressed all of the important aspects of M5TM with respect to ECCS Performance Requirements: (1) applicability of 10 CFR 50.46(b) fuel acceptance criteria, (2) M5TM material properties including fuel rod ballooning and rupture strains, and (3) steam oxidation kinetics and applicability of Baker-Just weight gain correlation. A subsequent NRC-approved TR, BAW-10240(P)-A, further addressed M5TM material properties with respect to LOCA applications.
The underlying purpose of 10 CFR Part 50, Appendix K, paragraph I.A.5, 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 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. In TR BAW-10227(P)-A, Framatome demonstrated that the Baker-Just model is conservative in all post-LOCA scenarios with respect to the use of the M5TM advanced alloy as a fuel rod cladding material or in other assembly structural components, and that the amount of hydrogen generated in an M5TM core during a LOCA will remain within the HNP Unit 1 design basis.
The M5TM alloy is a proprietary zirconium-based alloy comprised of primarily zirconium
(~99 percent) and niobium (~1 percent). The elimination of tin has resulted in superior corrosion resistance and reduced irradiation-induced growth relative to both standard zircaloy (1.7 percent
tin) and low-tin zircaloy (1.2 percent tin). The addition of niobium increases ductility, which is desirable to avoid brittle failures.
The NRC staff has reviewed the licensee's advanced cladding material, M5TM, for PWR fuel mechanical designs as described in TR BAW-10227(P)-A. In the safety evaluation for TR BAW-10227(P)-A, the staff concluded that, to the extent specified in the staff's evaluation, the M5TM properties and mechanical design methodology are acceptable for referencing in fuel reload licensing applications. Application of the requirements of 10 CFR 50.46 and 10 CFR Part 0 Appendix K, paragraph I.A. 5 is not necessary to achieve their underlying purpose. The underlying purposes of 10 CFR 50.46 and 10 CFR Part 50, Appendix K, paragraph I.A.5 are achieved through the use of the M5TM advanced alloy as a fuel rod cladding material or in other assembly structural components. Thus, the special circumstances required by 10 CFR 50.12(a)(2)(ii) for the granting of an exemption from 10 CFR 50.46 and 10 CFR Part 50, Appendix K, exist.
Summary The NRC staff has reviewed the licensee's request to use the M5TM advanced alloy for fuel rod cladding and in other assembly structural components in lieu of zircaloy or ZIRLO.
Based on the NRC staff's evaluation, as set forth above, the NRC staff concludes that the exemption is authorized by law, will not present an undue risk to public health and safety, and is consistent with the common defense and security. In addition, the NRC staff concludes that the application of 10 CFR 50.46 and 10 CFR Part 50, Appendix K, is not necessary to achieve the underlying purpose of the regulations. Therefore, pursuant to 10 CFR 50.12(a), the NRC staff concludes that the use of the M5TM advanced alloy for fuel rod cladding and in other assembly structural components is acceptable and the exemption from 10 CFR 50.46 and 10 CFR Part 50, Appendix K, is justified.
4.0 CONCLUSION
Accordingly, the Commission has determined that pursuant to 10 CFR 50.12(a), 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 10 CFR Part 50, Appendix K, for HNP Unit 1.
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 (February 15, 2012; 77 FR 8903). This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 24th day of February 2012.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Michele G. Evans, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation