Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71381 

must require a manual reset before the 

contactor can be closed. 

(11) Fail-safe ground check circuits 

shall cause the contractor to open when 

either the ground or pilot wire is 

broken. 

(12) A monthly examination shall be 

conducted on each circuit to ensure 

proper operation of the contactor. 

(13) The monthly examination shall 

include activating undervoltage, ground 

fault, and ground monitor trip devices. 

The results of the contactor test shall be 

recorded with the required circuit 

breaker monthly tests. 

(b) The petitioner shall use a Variable 

Frequency Drive (VFD) in series with a 

circuit breaker instead of a circuit 

breaker alone. The circuit breaker shall 

provide short circuit protection. A 

ground fault relay will provide 

grounded phase protection which will 

cause the circuit breaker to open. The 

VFD shall provide protection from 

undervoltage and overcurrent. 

(1) The VFD shall be rated for the 

maximum voltage of the circuit being 

protected. 

(2) The VFD shall be rated for the 

continuous full load current of the 

utilization equipment. 

(3) The nominal voltage of the control 

circuit(s) shall not exceed 120 volts. 

(4) The VFD shall provide 

undervoltage protection. The VFD shall 

trip at 55 percent of the nominal voltage 

based on the parameter settings in the 

VFD that shall de-energize the output of 

the VFD. 

(5) The VFD shall provide overcurrent protection to the connected 

load. The VFD shall use an internal 

algorithm to protect the equipment 

based on a rated load. The VFD shall 

calculate the motor temperature based 

on current draw over time. If the motor 

temperature reaches the setpoint for the 

defined time, the VFD shall fault 

indicating a motor overload. This shall 

be a latching fault requires a manual 

reset. 

(6) A circuit breaker shall provide 

short circuit protection for systems 

using a VFD. A ground fault relay shall 

provide grounded phase protection by 

causing the breaker to open. 

(7) The VFD shall be located in the 

same main enclosure as the circuit 

breaker. 

(8) Each circuit breaker installed in 

series with a VFD shall be equipped 

with devices to provide short-circuit 

protection for each piece of equipment. 

(9) Ground fault and ground monitor 

trips shall not automatically reset and 

shall require a manual reset before the 

VFD would turn the output on. 

(10) Fail-safe ground check circuits 

shall cause the breaker to open when 

either the ground or pilot wire is 

broken. 

(11) A monthly examination shall be 

conducted on each circuit to ensure 

proper operation of the breaker and 

VFD. 

(c) Within 60 days after this proposed 

decision and order is granted, the 

petitioner shall submit proposed 

revisions to its part 48 training plant to 

the appropriate MSHA District 

Official(s), specifying task training for 

all miners who are assigned to work in 

any pertinent area. 

(d) The training shall include the 

purpose of the contractor systems and 

VFD systems, the potential hazards of 

working on or near belt conveyors and 

belt conveyor drives, and the 

requirements of 30 CFR 75.1725(c) and 

(d). 

(e) The requirements of 30 CFR 48.3 

for approval of proposed revisions to 

existing approved training plans shall 

apply. 

The petitioner provided 

documentation to include typical 

control schemes, contactor 

specifications, VFD specifications, 

breaker specifications, ground monitor 

specifications, ground fault relay 

specifications, and coupler 

specifications in support of their 

petition. 

The petitioner asserts that the 

alternate method proposed will at all 

times guarantee no less than the same 

measure of protection afforded the 

miners under the mandatory standard. 

Song-ae Aromie Noe, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2023–22742 Filed 10–13–23; 8:45 am] 

BILLING CODE 4520–43–P 

NATIONAL SCIENCE FOUNDATION 

Sunshine Act Meetings 

The National Science Board’s 

Committee on Oversight hereby gives 

notice of the scheduling of a 

teleconference for the transaction of 

National Science Board business 

pursuant to the NSF Act and the 

Government in the Sunshine Act. 

TIME AND DATE: Wednesday, October 18, 

2023, from 10:30–11:30 a.m. EDT. 

PLACE: This meeting will be via 

videoconference through the National 

Science Foundation, 2415 Eisenhower 

Avenue, Alexandria, VA 22314. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: The agenda 

is: Committee Chair’s opening remarks 

regarding the agenda; Presentation and 

discussion of the Results of NSF Pilots 

to Improve Reviewer Training. 

CONTACT PERSON FOR MORE INFORMATION: 

Point of contact for this meeting is: 

Chris Blair, cblair@nsf.gov, 703–292– 

7000. Meeting information and updates 

may be found at www.nsf.gov/nsb. 

Christopher Blair, 

Executive Assistant to the National Science 

Board Office. 

[FR Doc. 2023–22911 Filed 10–12–23; 4:15 pm] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–483; NRC–2023–0158] 

Union Electric Company, dba Ameren 

Missouri; Callaway Plant; Unit No. 1 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Exemption; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) has issued an 

exemption in response to an exemption 

request from Union Electric Company 

doing business as Ameren Missouri (the 

licensee) submitted by letter dated 

October 12, 2022, as supplemented by 

letters dated December 1, 2022, May 9, 

2023, June 21, 2023, and August 3, 

2023. 

DATES: The exemption was issued on 

October 5, 2023. 

ADDRESSES: Please refer to Docket ID 

NRC–2023–0158 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–2023–0158. 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 request for 


ddrumheller on DSK120RN23PROD with NOTICES1
71382 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

the exemption was submitted by letter 

dated October 12, 2022 (ADAMS 

Package Accession No. ML22285A115), 

as supplemented by letters dated 

December 1, 2022 (ADAMS Package 

Accession No. ML22335A497); May 9, 

2023 (ADAMS Package Accession No. 

ML23129A793); June 21, 2023 (ADAMS 

Accession No. ML23172A145); and 

August 3, 2023 (ADAMS Package 

Accession No. ML23215A196). 

• 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: 

Mahesh Chawla, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–415– 

8371; email: Mahesh.Chawla@nrc.gov. 

SUPPLEMENTARY INFORMATION: The text of 

the exemption is attached. 

Dated: October 11, 2023. 

For the Nuclear Regulatory Commission. 

Mahesh L. Chawla, 

Project Manager, Plant Licensing Branch 4, 

Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

Attachment—Exemption 

Nuclear Regulatory Commission 

Docket No. 50–483 

Union Electric Company Callaway 

Plant, Unit No. 1 

Exemption 

I. Background 

Union Electric Company, doing 

business as (dba) as Ameren Missouri 

(the licensee), is the holder of Renewed 

Facility Operating License No. NPF–30, 

which authorizes operation of the 

Callaway Plant, Unit No. 1 (Callaway). 

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) 

now or hereafter in effect. The facility 

consists of a pressurized-water reactor 

(PWR) located in Callaway County, 

Missouri. 

II. Request/Action 

By letter dated October 12, 2022 

(Agencywide Documents Access and 

Management System (ADAMS) 

Accession No. ML22285A115), as 

supplemented by letters dated 

December 1, 2022; May 9, 2023; June 21, 

2023; and August 3, 2023 

(ML22335A497, ML23129A793, 

ML23172A145, and ML23215A196, 

respectively), Ameren Missouri, 

submitted a license amendment request 

(LAR) for Callaway, proposing to load a 

limited number of Framatome GAIA 

fuel assemblies starting in operating 

cycle 27 to obtain incore performance 

data and acquire operational experience 

associated with the GAIA fuel design. 

Pursuant to title 10 of the Code of 

Federal Regulations (10 CFR) section 

50.12, ‘‘Specific exemptions,’’ the 

licensee also requested an exemption 

from certain requirements of 10 CFR 

50.46, ‘‘Acceptance criteria for 

emergency core cooling systems,’’ and 

10 CFR part 50, appendix K, ‘‘ECCS 

[Emergency Core Cooling Systems] 

Evaluation Models,’’ for Callaway in 

enclosure 2 to the LAR dated October 

12, 2022. 

This exemption request relates solely 

to the specific types of cladding 

materials for which 10 CFR 50.46 and 

10 CFR part 50, appendix K, are 

expressly applicable, namely zircaloy 

and ZIRLOTM. Since these regulations 

specifically apply only to zircaloy and 

ZIRLOTM, an exemption would be 

required to apply them to fuel clad with 

other materials, in this case Framatome 

M5®. Therefore, the licensee has 

requested such an exemption to support 

the introduction of Framatome GAIA 

fuel with the M5® cladding. The 

proposed request would not exempt 

Callaway from requirements of 10 CFR 

50.46 or 10 CFR part 50, appendix K, 

regarding acceptance criteria, evaluation 

model features and documentation, 

reporting of changes or errors, etc. 

This exemption request is specific to 

the M5® cladding material exemption 

request only. The technical analysis 

necessary to support proposed loading 

of a limited number of Framatome GAIA 

fuel assemblies starting in operating 

cycle 27 is documented in the safety 

evaluation (SE) for the related LAR 

(ML23240A369). 

III. Discussion 

Pursuant to 10 CFR 50.12, the licensee 

requested an exemption from the 

requirements of 10 CFR 50.46, and 

appendix K to 10 CFR part 50. The 

proposed exemption request would 

permit application of the requirements 

of 10 CFR 50.46 and appendix K to 10 

CFR part 50 to fuel rods clad with M5®

at Callaway. 

The technical basis for the use of fuel 

clad with M5® in PWRs is documented 

in Topical Report (TR) BAW–10227P–A, 

Revision 1, ‘‘Evaluation of Advanced 

Cladding and Structural Material (M5) 

in PWR Reactor Fuel,’’ dated June 2003 

(ADAMS Package No. ML15162B043). 

This TR describes Framatome’s 

evaluation for the use of the M5® alloy 

in PWR fuel assemblies as a 

replacement for Zircaloy-4. This TR 

discusses material properties of M5, as 

well as its behavior under normal 

operation, anticipated transients, and 

postulated accident conditions. 

The regulation in 10 CFR 

50.46(a)(1)(i) states, in part: 

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 conforms to the 

criteria set forth in paragraph (b) of this 

section. ECCS cooling performance must be 

calculated in accordance with an acceptable 

evaluation model and must be calculated for 

a number of postulated loss-of-coolant 

accidents of different sizes, locations, and 

other properties sufficient to provide 

assurance that the most severe postulated 

loss-of-coolant, accidents are calculated. 

Since 10 CFR 50.46 specifically refers 

to fuel with zircaloy or ZIRLOTM

cladding, its application to fuel clad 

with materials other than zircaloy or 

ZIRLOTM requires an exemption from 

this section of the regulations. 

Paragraph I.A.5, ‘‘Metal—Water 

Reaction Rate,’’ of appendix K to 10 CFR 

part 50 states, in part: 

The rate of energy release, hydrogen 

generation, and cladding oxidation from the 

metal/water reaction shall be calculated 

using the Baker-Just equation (Baker, L., Just, 

L.C., ‘‘Studies of Metal Water Reactions at 

High Temperatures, III. Experimental and 

Theoretical Studies of the Zirconium-Water 

Reaction,’’ [Argonne National Laboratory] 

ANL–6548, page 7, May 1962). 

The requirement for using the BakerJust equation in appendix K-conformant 

loss-of-coolant accident (LOCA) 

evaluation models presume use of 

zircaloy- or ZIRLOTM-clad fuel rods. 

Therefore, application of 10 CFR part 

50, appendix K to cladding materials 

other than zircaloy or ZIRLOTM also 

requires an exemption. 

Pursuant to 10 CFR 50.12, the 

Commission may grant exemption from 

requirements of the regulations in 10 

CFR part 50 provided that (1) the 

exemption is authorized by law, (2) the 

exemption will not present an undue 

risk to the public health and safety, (3) 

the exemption is consistent with the 

common defense and security, and (4) 

special circumstances, as defined in 10 

CFR 50.12(a)(2), are present. The 

licensee’s submittal identifies that the 

special circumstance associated with its 

exemption request is that restricting 

application of 10 CFR 50.46 and 

appendix K to 10 CFR part 50 to fuels 


ddrumheller on DSK120RN23PROD with NOTICES1
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