Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Notices 77677 

NRC’s public Web site at http:// 

www.nrc.gov/site-help/e-submittals/ 

apply-certificates.html. System 

requirements for accessing the ESubmittal server are detailed in NRC’s 

‘‘Guidance for Electronic Submission,’’ 

which is available on the agency’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals.html. Participants 

may attempt to use other software not 

listed on the Web site, but should note 

that the NRC’s E-Filing system does not 

support unlisted software, and the NRC 

Meta System Help Desk will not be able 

to offer assistance in using unlisted 

software. 

If a participant is electronically 

submitting a document to the NRC in 

accordance with the E-Filing rule, the 

participant must file the document 

using the NRC’s online, Web-based 

submission form. In order to serve 

documents through the Electronic 

Information Exchange (EIE), users will 

be required to install a Web browser 

plug-in from the NRC Web site. Further 

information on the Web-based 

submission form, including the 

installation of the Web browser plug-in, 

is available on the NRC’s public Web 

site at http://www.nrc.gov/site-help/esubmittals.html. 

Once a participant has obtained a 

digital ID certificate and a docket has 

been created, the participant can then 

submit a request for hearing or petition 

for leave to intervene. Submissions 

should be in Portable Document Format 

(PDF) in accordance with NRC guidance 

available on the NRC public Web site at 

http://www.nrc.gov/site-help/esubmittals.html. A filing is considered 

complete at the time the documents are 

submitted through the NRC’s E-Filing 

system. To be timely, an electronic 

filing must be submitted to the E-Filing 

system no later than 11:59 p.m. Eastern 

Time on the due date. Upon receipt of 

a transmission, the E-Filing system 

time-stamps the document and sends 

the submitter an e-mail notice 

confirming receipt of the document. The 

E-Filing system also distributes an email notice that provides access to the 

document to the NRC Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/ 

petition to intervene is filed so that they 

can obtain access to the document via 

the E-Filing system. 

A person filing electronically using 

the agency’s adjudicatory E-Filing 

system may seek assistance by 

contacting the NRC Meta System Help 

Desk through the ‘‘Contact Us’’ link 

located on the NRC Web site at http:// 

www.nrc.gov/site-help/esubmittals.html, by e-mail at 

MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC 

Meta System Help Desk is available 

between 8 a.m. and 8 p.m., Eastern 

Time, Monday through Friday, 

excluding government holidays. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing requesting authorization to 

continue to submit documents in paper 

format. Such filings must be submitted 

by: (1) First class mail addressed to the 

Office of the Secretary of the 

Commission, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemaking and 

Adjudications Staff; or (2) courier, 

express mail, or expedited delivery 

service to the Office of the Secretary, 

Sixteenth Floor, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852, Attention: Rulemaking 

and Adjudications Staff. Participants 

filing a document in this manner are 

responsible for serving the document on 

all other participants. Filing is 

considered complete by first-class mail 

as of the time of deposit in the mail, or 

by courier, express mail, or expedited 

delivery service upon depositing the 

document with the provider of the 

service. A presiding officer, having 

granted an exemption request from 

using E-Filing, may require a participant 

or party to use E-Filing if the presiding 

officer subsequently determines that the 

reason for granting the exemption from 

use of E-Filing no longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, or the presiding 

officer. Participants are requested not to 

include personal privacy information, 

such as social security numbers, home 

addresses, or home phone numbers in 

their filings, unless an NRC regulation 

or other law requires submission of such 

information. With respect to 

copyrighted works, except for limited 

excerpts that serve the purpose of the 

adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

If a person (other than AREVA) 

requests a hearing, that person shall set 

forth with particularity the manner in 

which his interest is adversely affected 

by this Confirmatory Order and shall 

address the criteria set forth in 10 CFR 

2.309(d) and (f). 

If a hearing is requested by a person 

whose interest is adversely affected, the 

Commission will issue an order 

designating the time and place of any 

hearing. If a hearing is held, the issue to 

be considered at such hearing shall be 

whether this Confirmatory Order should 

be sustained. 

In the absence of any request for 

hearing, or written approval of an 

extension of time in which to request a 

hearing, the provisions specified in 

Section V above shall be final 20 days 

from the date this Confirmatory Order is 

published in the Federal Register 

without further order or proceedings. If 

an extension of time for requesting a 

hearing has been approved, the 

provisions specified in Section V shall 

be final when the extension expires if a 

hearing request has not been received. 

A request for hearing shall not stay 

the immediate effectiveness of this 

order. 

For the Nuclear Regulatory Commission. 

Dated this 2nd day of December 2010. 

Luis A. Reyes, 

Regional Administrator. 

[FR Doc. 2010–31175 Filed 12–10–10; 8:45 am] 

BILLING CODE P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–366; NRC–2010–0345] 

Southern Nuclear Operating Company, 

Inc. 

Edwin I Hatch Nuclear Plant, Unit No. 

2; Exemption 

1.0 Background 

The Southern Nuclear Operating 

Company, Inc. (SNC, the licensee) is the 

holder of the Renewed Facility 

Operating License No. NPF–5 which 

authorizes operation of the Edwin I. 

Hatch Nuclear Plant, Unit No. 2 (HNP– 

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 boiling-water 

reactor located in Appling County in 

Georgia. 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
77678 Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Notices 

2.0 Request/Action 

Pursuant to Title 10 of the Code of 

Federal Regulations (10 CFR), Section 

50.12, ‘‘Specific Exemptions’’, SNC has, 

by letter dated May 12, 2010 (the 

application), requested an exemption 

from the fuel cladding material 

requirements in 10 CFR 50.46, 

‘‘Acceptance Criteria for Emergency 

Core Cooling Systems [ECCS] for LightWater Nuclear Power Reactors’’, and 

Appendix K to 10 CFR 50, ‘‘ECCS 

Evaluation Models,’’ (Appendix K). The 

regulation in 10 CFR 50.46 contains 

acceptance criteria for ECCS for reactors 

fueled with zircaloy or ZIRLOTM

cladding. In addition, Appendix K 

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 exemption request 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 irradiate a lead 

test assembly (LTA) comprised of 

different cladding alloys at HNP–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 

Section 50.12(a)(2) of 10 CFR, 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 

licensee to insert four (Global Nuclear 

Fuel (GNF)) GNF2 lead test fuel 

assemblies manufactured with a 

cladding material called GNF-Ziron, 

which is outside of the cladding 

materials specified in the regulations 

(i.e., zircaloy or ZIRLOTM) into the core 

of HNP–2, during fuel cycles 22, 23 and 

24. This exemption is similar to a 

previous exemption regarding the use of 

GE14 LTAs with a limited number of 

fuel rods clad in GNF-Ziron at HNP–2 

that was issued on November 7, 2008. 

The differences are that if GNF2 fuel is 

being used, all rods will be clad in GNFZiron, and evaluations of the LTAs will 

be performed using the PRIME code 

methodology. 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 

licensee’s 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 

In regard to the fuel mechanical 

design, the exemption request relates 

solely to the specific types of cladding 

material specified in the regulations. 

The underlying purpose of 10 CFR 50.46 

is to establish acceptance criteria for 

ECCS performance. In Section V of the 

application, SNC provides a technical 

basis supporting the continued 

applicability of the 10 CFR 50.46, 

Paragraph (b), fuel criteria to GNFZiron. Quench tests under a restrained 

load have been conducted on GNFZiron samples oxidized to various levels 

at elevated loss-of-coolant accident 

(LOCA) temperatures. While these tests 

differ from the post-steam oxidized ringcompression testing (which forms the 

basis of the 10 CFR 50.46 post-quench 

ductility criteria), these results provide 

reasonable assurance that the 17 percent 

oxidation and 2200 degree Fahrenheit 

criteria are valid for GNF-Ziron and 

meet the underlying purpose of the rule, 

which is to maintain a degree of postquench ductility in the fuel cladding 

material. 

Based on an ongoing LOCA research 

program at Argonne National Laboratory 

as discussed in NRC Research 

Information Letter 0801, ‘‘Technical 

Basis for Revision of Embrittlement 

Criteria in 10 CFR 50.46,’’ (Agencywide 

Documents Access and Management 

Systems (ADAMS) Accession No. 

ML081350225), cladding corrosion (and 

associated hydrogen pickup) has a 

significant impact on post-quench 

ductility. Post-irradiation examinations 

provided by the licensee in Enclosure 6 

of its application demonstrate the 

favorable hydrogen pickup 

characteristics of GNF-Ziron as 

compared with standard Zircaloy-2. 

Hence, the GNF-Ziron fuel rods would 

be less susceptible to the detrimental 

effects of hydrogen uptake during 

normal operation and their impact on 

post-quench ductility. 

Paragraph I.A.5 of Appendix K to 10 

CFR Part 50 states that the rates of 

energy, hydrogen concentration, and 

cladding oxidation from the metal-water 

reaction shall be calculated using the 

Baker-Just equation. Since the BakerJust equation presumes the use of 

zircaloy clad fuel, strict application of 

the rule would not permit use of the 

equation for the LTA cladding for 

determining acceptable fuel 

performance. Metal-water reaction tests 

performed by GNF on GNF-Ziron 

(Figure B–15 of Enclosure 5) of the 

application demonstrate conservative 

reaction rates relative to the Baker-Just 

equation. Thus, application of 

Appendix K, Paragraph I.A.5, is not 

necessary for the licensee to achieve its 

underlying purpose in these 

circumstances. 

High temperature burst test results are 

provided in Figure B–6 (Enclosure 5 of 

Reference 1). These test results illustrate 

similar burst characteristics of GNFZiron as compared with standard Zry-2. 

In addition, Enclosure 6 of Reference 1 

provides further comparisons of 

material properties between GNF-Ziron 

and Zry-2. Based upon this comparison 

of material properties, GNF and SNC 

believe that currently approved methods 

and models are directly applicable to 

GNF-Ziron. Based upon the material 

properties provided in References 1 and 

2, the NRC staff finds the use of current 

LOCA models and methods acceptable 

for the purpose of evaluating LTAs 

containing GNF-Ziron fuel rods. 

In support of its exemption request, 

SNC submitted a GNF document 

entitled, ‘‘GNF-Ziron Performance 

Benefits and Licensing Requirements 

Assessment’’ (Enclosure 6 of the 

application). This report provides a 

logical assessment of the potential 

impact of differences in material 

properties on the PRIME fuel thermalmechanical methodology. While not 

directly related to the 10 CFR 50.46 

exemption request, the NRC staff finds 

the conclusion of this report acceptable 

for the purpose of evaluating LTAs 

containing GNF-Ziron fuel rods. Further 

NRC staff review may be necessary prior 

to use of PRIME for batch application of 

GNF-Ziron fuel cladding material. 

Through mechanical testing and a 

comparison of material properties, SNC 

has provided reasonable assurance that 

anticipated in-reactor performance will 

be acceptable. Further, the licensee has 

demonstrated that the use of current 

methods and models are reasonable for 

evaluating the cladding’s performance 

to anticipated operational occurrences 

and accidents. Nevertheless, as with any 

developmental cladding alloy, the NRC 

staff requires a limitation on the total 

number of fuel rods clad in a 

developmental alloy in order to ensure 

a minimal impact on the simulated 

progression and calculated 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Notices 77679 

consequences of postulated accidents. 

This limitation is directly related to the 

available material properties (both 

unirradiated and irradiated) used to 

judge the cladding alloy’s anticipated 

in-reactor performance. 

Based upon results of metal-water 

reaction tests and mechanical testing 

which ensure the applicability of ECCS 

models and acceptance criteria, the 

limited number and anticipated 

performance of the advanced cladding 

fuel rods, and the use of approved 

LOCA models to ensure that the LTAs 

satisfy 10 CFR 50.46 acceptance criteria, 

the NRC staff finds it acceptable to grant 

an exemption from the requirements of 

10 CFR 50.46 and Appendix K to 10 

CFR Part 50 for the use of four GNF2 

LTAs within HNP–2. 

Consistent with Common Defense and 

Security 

The proposed exemption would allow 

the licensee to insert four lead test fuel 

assemblies with fuel rod cladding that 

does not meet the definition of Zircaloy 

or ZIRLOTM as specified by 10 CFR 

50.46, and Appendix K, into the core of 

HNP–2, during fuel cycles 22, 23 and 

24. This change 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, 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 emergency core 

cooling system performance. The 

wording of the regulations in 10 CFR 

50.46 and Appendix K is not directly 

applicable to these advanced cladding 

alloys, even though the evaluations 

discussed above show that the intent of 

the regulations is met. Therefore, since 

the underlying purpose of 10 CFR 50.46 

and Appendix K is achieved with the 

use of these advanced cladding alloys, 

the special circumstances required by 

10 CFR 50.12 for the granting of an 

exemption from 10 CFR 50.46 and 

Appendix K exist. 

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 SNC 

exemptions from the requirements of 10 

CFR 50.46, and 10 CFR Part 50, 

Appendix K, to allow the limited use of 

four LTAs with GNF-Ziron cladding 

during fuel cycles 22, 23 and 24 for the 

HNP–2 plant. 

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 (75 FR 69137; 

November 10, 2010). 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland this 3rd day 

of December 2010. 

For the Nuclear Regulatory Commission. 

Joseph G. Giitter, 

Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–31173 Filed 12–10–10; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF SCIENCE AND 

TECHNOLOGY POLICY 

Partially Closed Meeting of the 

President’s Council of Advisors on 

Science and Technology 

AGENCY: President’s Council of Advisors 

on Science and Technology, Office of 

Science and Technology Policy. 

ACTION: Public notice. 

SUMMARY: This notice sets forth the 

schedule and summary agenda for a 

partially closed meeting of the 

President’s Council of Advisors on 

Science and Technology (PCAST), and 

describes the functions of the Council. 

Notice of this meeting is required under 

the Federal Advisory Committee Act 

(FACA), 5 U.S.C., App. 

DATES: January 7, 2011. 

ADDRESSES: The meeting will be held at 

the Marriott Metro Center, 775 12th 

Street, NW., Room Junior Ballrooms 2– 

3, Washington, DC. 

Type of Meeting: Open and Closed. 

Proposed Schedule and Agenda: The 

President’s Council of Advisors on 

Science and Technology (PCAST) is 

scheduled to meet in open session on 

January 7, 2011 from 10 a.m. to 5 p.m. 

with a lunch break from 12:15 p.m. to 

1:30 p.m. 

Open Portion of Meeting: During this 

open meeting, PCAST is tentatively 

scheduled to hear presentations on 

agriculture research and development, 

the National Science Foundation, 

synthetic biology, national security, and 

international affairs. PCAST members 

will also discuss reports they are 

developing on the topics of advanced 

manufacturing and biodiversity 

preservation and ecosystem 

sustainability. Additional information 

and the agenda will be posted at the 

PCAST Web site at: http:// 

whitehouse.gov/ostp/pcast. 

Closed Portion of the Meeting: PCAST 

may hold a closed meeting of 

approximately 1 hour with the President 

on January 7, 2011, which must take 

place in the White House for the 

President’s scheduling convenience and 

to maintain Secret Service protection. 

This meeting will be closed to the 

public because such portion of the 

meeting is likely to disclose matters that 

are to be kept secret in the interest of 

national defense or foreign policy under 

5 U.S.C. 552b(c)(1). The precise date 

and time of this potential meeting has 

not yet been determined. 

Public Comments: It is the policy of 

the PCAST to accept written public 

comments of any length, and to 

accommodate oral public comments 

whenever possible. The PCAST expects 

that public statements presented at its 

meetings will not be repetitive of 

previously submitted oral or written 

statements. 

The public comment period for this 

meeting will take place on January 7, 

2011 at a time specified in the meeting 

agenda posted on the PCAST Web site 

at http://whitehouse.gov/ostp/pcast. 

This public comment period is designed 

only for substantive commentary on 

PCAST’s work, not for business 

marketing purposes. 

Oral Comments: To be considered for 

the public speaker list at the meeting, 

interested parties should register to 

speak at http://whitehouse.gov/ostp/ 

pcast, no later than 12 p.m. Eastern 

Time on Wednesday, December 22, 

2010. Phone or e-mail reservations will 

not be accepted. To accommodate as 

many speakers as possible, the time for 

public comments will be limited to two 

(2) minutes per person, with a total 

public comment period of 30 minutes. 

If more speakers register than there is 

space available on the agenda, PCAST 

will randomly select speakers from 

among those who applied. Those not 

selected to present oral comments may 

always file written comments with the 

committee. Speakers are requested to 

bring at least 25 copies of their oral 

comments for distribution to the PCAST 

members. 

Written Comments: Although written 

comments are accepted until the date of 

the meeting, written comments should 

be submitted to PCAST at least two 

weeks prior to each meeting date, 

December 22, 2010, so that the 

comments may be made available to the 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1