Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71383 

clad with only zircaloy or ZIRLOTM is 

not necessary to achieve the purpose of 

these regulations. 

A. The Exemption Is Authorized by Law 

The NRC has authority under 10 CFR 

50.12 to grant exemptions from the 

requirements of 10 CFR part 50 upon 

demonstration of proper justification. 

The fuel that will be irradiated at 

Callaway is clad with a zirconium-based 

alloy that is not expressly within the 

scope of 10 CFR 50.46 and 10 CFR part 

50, appendix K. However, the NRC staff 

considers all other aspects of these 

regulations (e.g., acceptance criteria, 

prescribed methods, reporting 

requirements) applicable to the M5®

cladding material, and the licensee 

states that it will ensure that these 

regulations are satisfied for operation 

with fuel clad with M5®. As discussed 

below, the NRC staff determined that 

special circumstances exist, which 

support granting the proposed 

exemption. Furthermore, granting the 

exemption would 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. 

B. The Exemption Presents No Undue 

Risk to Public Health and Safety 

As summarized in the staff’s safety 

evaluation supporting this exemption 

request (ML23234A152 (Enclosure 2)), 

the NRC-approved Topical Report 

BAW–10227P–A, Revision 1, which 

concerns the properties of the M5®

alloy, provides assurance that predicted 

chemical, thermal, and mechanical 

characteristics of M5®-alloy cladding 

are acceptable under normal operation, 

anticipated transients, and postulated 

accidents. The NRC staff finds that by 

utilizing the methods and properties in 

NRC-approved TR (i.e., BAW–10227P– 

A), the licensee meets the acceptance 

criteria and analytical methods in 10 

CFR 50.46 and appendix K to 10 CFR 

part 50, and thus, ensures acceptable 

safety margins for fuel clad with M5®

that are consistent with those the NRC 

has established for zircaloy and 

ZIRLOTM. Callaway cores involving 

M5® cladding will continue to be 

subject to the operating limits specified 

in the technical specifications (TSs) and 

core operating limits report. Thus, 

granting this exemption request does 

not pose undue risk to public health and 

safety. 

C. The Exemption Is Consistent With the 

Common Defense and Security 

The proposed exemption will allow 

the licensee to use an enhanced fuel rod 

cladding material relative to the zircaloy 

material for which the requirements of 

10 CFR 50.46 and 10 CFR part 50, 

appendix K were originally established. 

In addition to its review of the 

exemption request, the NRC staff has 

evaluated all licensing-basis changes 

necessary to support loading fuel clad 

with M5® in a separate SE for the 

related license amendment request for 

fuel transition. Based on these reviews, 

the NRC staff concludes that the use of 

M5® fuel rod cladding at Callaway will 

not significantly affect plant operations 

and is therefore consistent with the 

common defense and security. 

D. Special Circumstances 

Neither 10 CFR 50.46 nor 10 CFR part 

50, appendix K explicitly applies to fuel 

clad with M5®. However, the 

underlying purpose of 10 CFR 50.46 and 

10 CFR part 50, appendix K is to 

provide requirements capable of 

ensuring adequate core cooling 

following the most limiting postulated 

loss-of-coolant accident. As discussed 

above, Framatome has demonstrated in 

an NRC-approved TR (i.e., BAW– 

10227P–A) that application of the 

acceptance criteria and analytical 

methods required in 10 CFR 50.46 and 

10 CFR part 50, appendix K to fuel clad 

with M5® is acceptable. The licensee 

stated in the exemption request that the 

core reload safety analyses will be used 

to confirm on a cycle-specific basis that 

there is no adverse impact on ECCS 

performance for Callaway. Therefore, 

strict application of the material-specific 

requirements for fuel cladding in 10 

CFR 50.46 and 10 CFR part 50, 

appendix K is not necessary to achieve 

the underlying purpose of ensuring 

adequate core cooling in this instance. 

Furthermore, granting an exemption to 

allow application of the balance of these 

regulations to fuel clad with M5® at 

Callaway would be consistent with the 

underlying regulatory purpose. 

E. Supplemental Information 

For more technical details, refer to the 

SE associated with this exemption 

under ML23234A152 (Enclosure 2). 

F. Environmental Considerations 

As discussed in the SE associated 

with this exemption, the NRC staff 

determined that the exemption 

discussed herein meets the eligibility 

criteria for the categorical exclusion set 

forth in 10 CFR 51.22(c)(9) because it is 

related to a requirement concerning the 

installation or use of facility 

components located within the 

restricted area, as defined in 10 CFR 

part 20, and the granting of this 

exemption involves: (i) no significant 

hazards consideration, (ii) no significant 

change in the types or a significant 

increase in the amounts of any effluents 

that may be released offsite, and (iii) no 

significant increase in individual or 

cumulative occupational radiation 

exposure. Therefore, in accordance with 

10 CFR 51.22(b), no environmental 

impact statement or environmental 

assessment need be prepared in 

connection with the NRC’s 

consideration of this exemption request. 

IV. Conclusions 

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 Union 

Electric Company dba Ameren Missouri 

a one-time exemption from the 

requirements of 10 CFR 50.46 and 10 

CFR part 50, appendix K. The proposed 

exemption request would permit 

application of the requirements of 10 

CFR 50.46 and appendix K to fuel rods 

clad with M5® at Callaway. As stated 

above, this exemption relates solely to 

the cladding material specified in these 

regulations. 

Dated at Rockville, Maryland, this 5th day 

of October, 2023 

For the Nuclear Regulatory Commission. 

Bo M. Pham, 

Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2023–22783 Filed 10–13–23; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2023–0001] 

Sunshine Act Meetings 

TIME AND DATE: Weeks of October 16, 23, 

30, November 6, 13, 20, 2023. The 

schedule for Commission meetings is 

subject to change on short notice. The 

NRC Commission Meeting Schedule can 

be found on the internet at: https://

www.nrc.gov/public-involve/publicmeetings/schedule.html. 

PLACE: The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g., 

braille, large print), please notify Anne 

Silk, NRC Disability Program Specialist, 


ddrumheller on DSK120RN23PROD with NOTICES1
71384 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

at 301–287–0745, by videophone at 

240–428–3217, or by email at 

Anne.Silk@nrc.gov. Determinations on 

requests for reasonable accommodation 

will be made on a case-by-case basis. 

STATUS: Public. 

Members of the public may request to 

receive the information in these notices 

electronically. If you would like to be 

added to the distribution, please contact 

the Nuclear Regulatory Commission, 

Office of the Secretary, Washington, DC 

20555, at 301–415–1969, or by email at 

Betty.Thweatt@nrc.gov. 

MATTERS TO BE CONSIDERED: 

Week of October 16, 2023 

Thursday, October 19, 2023 

8:55 a.m. Affirmation Session (Public 

Meeting) (Tentative). Pacific Gas 

and Electric Co. (Diablo Canyon 

Independent Spent Fuel Storage 

Installation), Appeal of LBP–23–7 

(Tentative). (Contact: Wesley Held: 

301–287–3591) 

Additional Information: The meeting 

will be held in the Commissioners’ 

Conference Room, 11555 Rockville Pike, 

Rockville, Maryland. The public is 

invited to attend the Commission’s 

meeting in person or watch live via 

webcast at the Web address—https://

video.nrc.gov/. 

9:00 a.m. Hearing on Construction 

Permit for Kairos Hermes NonPower Test Reactor: Section 189a of 

the Atomic Energy Act Proceeding 

(Public Meeting). (Contact: Matthew 

Hiser: 301–415–2454; Tami Dozier: 

301–415–2272) 

Additional Information: The meeting 

will be held in the Commissioners’ 

Conference Room, 11555 Rockville Pike, 

Rockville, Maryland. The public is 

invited to attend the Commission’s 

meeting in person or watch live via 

webcast at the Web address—https://

video.nrc.gov/. 

Week of October 23, 2023—Tentative 

There are no meetings scheduled for 

the week of October 23, 2023. 

Week of October 30, 2023—Tentative 

Thursday, November 2, 2023 

9:00 a.m. Strategic Programmatic 

Overview of the Operating Reactors 

and New Reactors Business Lines 

(Public Meeting). (Contact: Jennie 

Rankin: 301–415–1530). 

Additional Information: The meeting 

will be held in the Commissioners’ 

Conference Room, 11555 Rockville Pike, 

Rockville, Maryland. The public is 

invited to attend the Commission’s 

meeting in person or watch live via 

webcast at the Web address—https://

video.nrc.gov/. 

Week of November 6, 2023—Tentative 

There are no meetings scheduled for 

the week of November 6, 2023. 

Week of November 13, 2023—Tentative 

Thursday, November 16, 2023 

9:00 a.m. Briefing on Region I 

Activities and External Engagement 

(Public Meeting). (Contact: Wesley 

Held: 301–287–3591) 

Additional Information: The meeting 

will be held at the Market and Broad 

Conference Room, 475 Allendale Rd., 

Suite 102, King of Prussia, 

Pennsylvania. The public is invited to 

attend the Commission’s meeting in 

person or watch live via webcast at the 

Web address—https://video.nrc.gov/. 

Week of November 20, 2023—Tentative 

There are no meetings scheduled for 

the week of November 20, 2023. 

CONTACT PERSON FOR MORE INFORMATION: 

For more information or to verify the 

status of meetings, contact Wesley Held 

at 301–287–3591 or via email at 

Wesley.Held@nrc.gov. 

The NRC is holding the meetings 

under the authority of the Government 

in the Sunshine Act, 5 U.S.C. 552b. 

Dated: October 11, 2023. 

For the Nuclear Regulatory Commission. 

Wesley W. Held, 

Policy Coordinator, Office of the Secretary. 

[FR Doc. 2023–22806 Filed 10–12–23; 11:15 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–395; NRC–2023–0152] 

Dominion Energy South Carolina, Inc.; 

Virgil C. Summer Nuclear Station, Unit 

No. 1 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Subsequent license renewal 

application; opportunity to request a 

hearing and to petition for leave to 

intervene. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is considering an 

application for the subsequent license 

renewal of Renewed Facility Operating 

License No. NPF–12, which authorizes 

Dominion Energy South Carolina, Inc. 

(DESC) to operate Virgil C. Summer 

Nuclear Station, Unit No. 1 (V.C. 

Summer). The subsequent renewed 

license would authorize the applicant to 

operate V.C. Summer for an additional 

20 years beyond the period specified in 

the current license. The current 

operating license for V.C. Summer 

expires August 6, 2042. 

DATES: A request for a hearing or 

petition for leave to intervene must be 

filed by December 15, 2023. 

ADDRESSES: Please refer to Docket ID 

NRC–2023–0152 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2023–0152. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, at 

301–415–4737, or by email to 

PDR.Resource@nrc.gov. The ADAMS 

accession number for each document 

referenced (if it is available in ADAMS) 

is provided the first time that it is 

mentioned in this document. 

• Public Library: A copy of the 

subsequent license renewal application 

for V.C. Summer can be accessed at the 

following public library: Fairfield 

County Library, 300 West Washington 

St, Winnsboro, SC 29180. 

• NRC’s PDR: The PDR, where you 

may examine and order copies of 

publicly available documents, is open 

by appointment. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8 a.m. and 4 p.m. eastern 

time (ET), Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Marieliz Johnson, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

5861; email: Marieliz.Johnson@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC received a subsequent 

license renewal application (SLRA) 

from DESC, dated August 17, 2023 


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