80546 Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Notices 

1 VEPCO letter to NRC, Agencywide Documents 

Access and Management System (ADAMS) 

Accession No. ML100470738. 

impacts are expected as a result of the 

proposed exemption. 

Accordingly, the NRC staff concludes 

that there are no significant 

environmental impacts associated with 

the proposed action. 

With its request to extend the 

implementation deadline, the licensee 

currently maintains a security system 

acceptable to the NRC and that will 

continue to provide acceptable physical 

protection of HBRSEP in lieu of the new 

requirements in 10 CFR Part 73. 

Therefore, the extension of the 

implementation date for one element of 

the new requirements of 10 CFR Part 73 

to September 16, 2011, would not have 

any significant environmental impacts. 

The NRC staff’s safety evaluation will 

be provided as part of a letter to the 

licensee approving the exemption to the 

regulation, if granted. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

As an alternative to the proposed 

action, the NRC staff considered denial 

of the proposed action (i.e., the ‘‘no 

action’’ alternative). Denial of the 

exemption request would result in no 

change in current environmental 

impacts. If the proposed action was 

denied, the licensee would have to 

comply with the existing 

implementation deadline of December 

30, 2010, for one remaining item of the 

two requirements, as granted on March 

3, 2010. The environmental impacts of 

the proposed exemption and the ‘‘no 

action’’ alternative are similar. 

Alternative Use of Resources 

The action does not involve the use of 

any different resources than those 

considered in the Final Environmental 

Statement for the HBRSEP, dated April 

1975, as supplemented through the 

‘‘Generic Environmental Impact 

Statement for License Renewal of 

Nuclear Plants: H.B. Robinson Steam 

Electric Plant, Unit 2—Final Report 

(NUREG—1437, Supplement 13).’’ 

Agencies and Persons Consulted 

In accordance with its stated policy, 

on December 15, 2010, the NRC staff 

consulted with the South Carolina State 

official, Susan Jenkins of the South 

Carolina Bureau of Land and Waste 

Management, regarding the 

environmental impact of the proposed 

action. The State official had no 

comments. 

Finding of No Significant Impact 

On the basis of the environmental 

assessment, the NRC concludes that the 

proposed action will not have a 

significant effect on the quality of the 

human environment. Accordingly, the 

NRC has determined not to prepare an 

environmental impact statement for the 

proposed action. 

For further details with respect to the 

proposed action, see the licensee’s letter 

dated September 30, 2010. Portions of 

the September 30, 2010, submittal 

contain proprietary and security-related 

information, and accordingly, a redacted 

version of this letter is available for 

public review in the Agencywide 

Documents Access and Management 

System (ADAMS), Accession No. 

ML102770306. This document may be 

examined, and/or copied for a fee, at the 

NRC’s Public Document Room (PDR), 

located at One White Flint North, Public 

File Area O1 F21, 11555 Rockville Pike 

(first floor), Rockville, Maryland. 

Publicly available records will be 

accessible electronically from the 

ADAMS Public Electronic Reading 

Room on the Internet at the NRC Web 

site, http://www.nrc.gov/reading-rm/ 

adams.html. 

Persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS should contact the NRC PDR 

Reference staff by telephone at 1–800– 

397–4209 or 301–415–4737, or send an 

e-mail to pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 16th day 

of December 2010. 

For the Nuclear Regulatory Commission. 

Farideh E. Saba, 

Senior Project Manager, Plant Licensing 

Branch II–2, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–32142 Filed 12–21–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[ Docket Nos. 50–280 and 50–281; NRC– 

2010–0283] 

Virginia Electric and Power Company; 

Surry Power Station Unit Nos. 1 and 2; 

Exemption 

1.0 Background 

Virginia Electric and Power Company 

(the licensee) is the holder of Facility 

Operating License Nos. DPR–32 and 

DPR–37 which authorizes operation of 

the Surry Power Station (SURRY) Unit 

Nos. 1 and 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 pressurizedwater reactor located in Surry County, 

Virginia. 

2.0 Request/Action 

Pursuant to Title 10 of the Code of 

Federal Regulations (10 CFR), Section 

50.12, ‘‘Specific exemptions,’’ the 

Virginia Electric and Power Company 

(VEPCO), by letter dated February 10, 

2010,1 requested an exemption from 

certain requirements of 10 CFR 50.46, 

‘‘Acceptance criteria for emergency core 

cooling systems [ECCS] for light-water 

nuclear power reactors,’’ and Appendix 

K to 10 CFR Part 50, ‘‘ECCS Evaluation 

Models’’ (Appendix K). The regulations 

in 10 CFR 50.46 contain acceptance 

criteria for the 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 

assumed the use of a zirconium alloy 

different than Optimized ZIRLOTM. 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 support the 

use of different fuel rod cladding 

material. Therefore, the licensee 

requested an exemption that would 

allow the use of Optimized ZIRLOTM

fuel rod cladding at SURRY. The NRC 

staff will prepare a separate safety 

evaluation, fully addressing VEPCO’s 

application for a related license 

amendment. 

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. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Notices 80547 

2ADAMS Accession No. ML051670408. 

Authorized by Law 

This exemption would allow the use 

of Optimized ZIRLOTM fuel rod 

cladding material at SURRY. 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 

The underlying purpose of 10 CFR 

50.46 is to establish acceptance criteria 

for adequate ECCS performance. By 

letter dated June 10, 2005, the NRC staff 

issued a safety evaluation (SE) 2

approving Addendum 1 to 

Westinghouse Topical Report WCAP– 

12610–P–A and CENPD–404–P–A, 

‘‘Optimized ZIRLOTM (these topical 

reports are non-publicly available 

because they contain proprietary 

information),’’ wherein the NRC staff 

approved the use of Optimized 

ZIRLOTM as a fuel cladding material. 

The NRC staff approved the use of 

Optimized ZIRLOTM as a fuel cladding 

material based on: (1) Similarities with 

standard ZIRLOTM, (2) demonstrated 

material performance, and (3) a 

commitment to provide irradiated data 

and validate fuel performance models 

ahead of burnups achieved in batch 

application. The NRC staff’s safety 

evaluation for Optimized ZIRLOTM

includes 10 conditions and limitations 

for its use. As previously documented in 

the NRC staff’s 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 ZIRLOTM has been 

demonstrated by Westinghouse. Ring 

compression tests performed by 

Westinghouse on Optimized ZIRLOTM

(NRC-reviewed, approved, and 

documented in Appendix B of WCAP– 

12610–P–A and CENPD–404–P–A, 

Addendum 1–A, ‘‘Optimized ZIRLOTM’’) 

demonstrate an acceptable retention of 

post-quench ductility up to 10 CFR 

50.46 limits of 2200 degrees Fahrenheit 

and 17 percent equivalent clad reacted. 

Furthermore, the NRC staff has 

concluded that oxidation measurements 

provided by the licensee illustrate that 

oxide thickness (and associated 

hydrogen pickup) for Optimized 

ZIRLOTM at any given burnup would be 

less than both zircaloy-4 and ZIRLOTM. 

Hence, the NRC staff concludes that 

Optimized ZIRLOTM would be expected 

to maintain better post-quench ductility 

than ZIRLOTM. 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 inservice corrosion) and post-quench 

ductility. 

The underlying purpose of 10 CFR 

Part 50, Appendix K, Section I.A.5, 

‘‘Metal-Water Reaction Rate,’’ 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 

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 the rule would not 

permit use of the equation for 

Optimized ZIRLOTM cladding for 

determining acceptable fuel 

performance. However, the NRC staff 

has found that metal-water reaction tests 

performed by Westinghouse on 

Optimized ZIRLOTM demonstrate 

conservative reaction rates relative to 

the Baker-Just equation and are 

bounding for those approved for 

ZIRLOTM under anticipated operational 

occurrences and postulated accidents. 

Based on the above, no new accident 

precursors are created by using 

Optimized ZIRLOTM; thus, 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 due to using Optimized 

ZIRLOTM. 

Consistent With Common Defense and 

Security 

The proposed exemption would allow 

the use of Optimized ZIRLOTM fuel rod 

cladding material at SURRY. 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 from certain requirements of 

10 CFR 50.46 and Appendix K 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 VEPCO 

an exemption from certain 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, for SURRY, Unit Nos. 1 and 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 as published in the 

Federal Register on October 5, 2010 (75 

FR 61528). 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 15th 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. 2010–32144 Filed 12–21–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–400; NRC–2010–0020] 

Carolina Power & Light Company, 

Shearon Harris Nuclear Power Plant, 

Unit No. 1; Exemption 

1.0 Background 

Carolina Power & Light Company 

(CP&L, the licensee) 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 


srobinson on DSKHWCL6B1PROD with NOTICES