13156 Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices 

ACTION: Notice of pending NRC action to 

submit an information collection 

request to the Office of Management and 

Budget (OMB) and solicitation of public 

comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) invites public 

comment about our intention to request 

the OMB’s approval for renewal of an 

existing information collection that is 

summarized below. We are required to 

publish this notice in the Federal 

Register under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35). 

Information pertaining to the 

requirement to be submitted: 

1. The title of the information 

collection: Request to Non-Agreement 

States for Information. 

2. Current OMB approval number: 

3150–0200. 

3. How often the collection is 

required: 8 times per year. 

4. Who is required or asked to report: 

The 15 Non-Agreement States (13 

States, the District of Columbia and the 

Commonwealth of Puerto Rico that have 

not signed Section 274(b) Agreements 

with NRC.). 

5. The number of annual respondents: 

15. 

6. The number of hours needed 

annually to complete the requirement or 

request: 1,089. 

7. Abstract: Requests may be made of 

Non-Agreement States that are similar to 

those of Agreement States to provide a 

more complete overview of the national 

program for regulating radioactive 

materials. This information would be 

used in the decision-making of the 

Commission. With Agreement States 

and as part of the NRC cooperative postagreement program with the States 

pursuant to Section 274(b), information 

on licensing and inspection practices, 

and/or incidents, and other technical 

and statistical information are 

exchanged. Therefore, information 

requests sought may take the form of 

surveys, e.g., telephonic and electronic 

surveys/polls and facsimiles. 

Submit, by May 4, 2012, comments 

that address the following questions: 

1. Is the proposed collection of 

information necessary for the NRC to 

properly perform its functions? Does the 

information have practical utility? 

2. Is the burden estimate accurate? 

3. Is there a way to enhance the 

quality, utility, and clarity of the 

information to be collected? 

4. How can the burden of the 

information collection be minimized, 

including the use of automated 

collection techniques or other forms of 

information technology? 

The public may examine and have 

copied for a fee publicly available 

documents, including the draft 

supporting statement, at the NRC’s 

Public Document Room, Room O1–F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. OMB 

clearance requests are available at the 

NRC’s Web site: http://www.nrc.gov/ 

public-involve/doc-comment/omb/ 

index.html. 

The document will be available on the 

NRC home page site for 60 days after the 

signature date of this notice. Comments 

submitted in writing or in electronic 

form will be made available for public 

inspection. Because your comments will 

not be edited to remove any identifying 

or contact information, the NRC 

cautions you against including any 

information in your submission that you 

do not want to be publicly disclosed. 

Comments submitted should reference 

Docket No. NRC–2012–0036. 

You may submit your comments by 

any of the following methods: Electronic 

comments: Go to http:// 

www.regulations.gov and search for 

Docket No. NRC–2012–0036. Mail 

comments to NRC Clearance Officer, 

Tremaine Donnell (T–5 F53), U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Questions about the information 

collection requirements may be directed 

to the NRC Clearance Officer, Tremaine 

Donnell (T–5 F53), U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, by telephone at 301– 

415–6258, or by email to 

INFOCOLLECTS.Resource@NRC.GOV. 

Dated at Rockville, Maryland, this 28th day 

of February, 2012. 

For the Nuclear Regulatory Commission. 

Tremaine Donnell, 

NRC Clearance Officer, Office of Information 

Services. 

[FR Doc. 2012–5203 Filed 3–2–12; 8:45 am] 

BILLING CODE 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 lossof-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 

M5 TM 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 M5 TM zirconium alloy 

cladding. Since the chemical 

composition of the M5 TM alloy differs 

from the specifications for zircaloy or 

ZIRLO, a plant-specific exemption is 

required to allow the use of the M5 TM

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 AREVA’s M5 TM 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 


erowe on DSK2VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices 13157 

(2) when special circumstances are 

present. 

Authorized by Law 

This exemption would allow the use 

of M5 TM 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 

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 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 

M5 TM. 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 M5 TM 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 M5 TM

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 M5 TM. 

Therefore, there is no undue risk to 

public health and safety due to using 

M5 TM. 

Consistent With Common Defense and 

Security 

The proposed exemption results in 

changes to the operation of the plant by 

allowing the use of the M5 TM 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 M5 TM 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 staff’s review and approval 

of TR BAW–10227(P)–A addressed all of 

the important aspects of M5 TM with 

respect to ECCS Performance 

Requirements: (1) Applicability of 10 

CFR 50.46(b) fuel acceptance criteria, (2) 

M5 TM material properties including 

fuel rod ballooning and rupture strains, 

and (3) steam oxidation kinetics and 

applicability of Baker-Just weight gain 

correlation. A subsequent NRCapproved TR, BAW–10240(P)–A, further 

addressed M5 TM 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 M5 TM advanced alloy as a 

fuel rod cladding material or in other 

assembly structural components, and 

that the amount of hydrogen generated 

in an M5 TM core during a LOCA will 

remain within the HNP Unit 1 design 

basis. 

The M5 TM 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 irradiationinduced 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, 

M5 TM, 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 M5 TM 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 

M5 TM 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 M5 TM

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 M5 TM 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 


erowe on DSK2VPTVN1PROD with NOTICES
13158 Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices 

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. 

Michele G. Evans, 

Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2012–5226 Filed 3–2–12; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2012–0002] 

Sunshine Act Meeting Notice 

DATE: Weeks of March 5, 12, 19, 26, 

April 2, 9, 2012. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and Closed. 

Week of March 5, 2012 

Thursday, March 8, 2012 

10 a.m. Affirmation Session (Public 

Meeting) (Tentative) 

a. NextEra Seabrook, LLC (Seabrook 

Station, Unit 1), Appeals of LBP– 

11–2 (Feb. 15, 2011), Docket No. 

50–443–LR (Tentative) 

b. Entergy Nuclear Generation Co. 

and Entergy Nuclear Operations, 

Inc. (Pilgrim Nuclear Power 

Station), Commonwealth of 

Massachusetts’ Notice of Appeal, 

and Supporting Brief, of LBP–11–35 

(Dec. 8, 2011); Pilgrim Watch’s 

Petition for Review of Memorandum 

and Order (Denying Commonwealth 

of Massachusetts’ Request for Stay, 

Motion for Waiver, and Request for 

Hearing on a New Contention 

Relating to the Fukushima 

Accident) Nov. 28, 2011 (Dec. 8, 

2011); Commonwealth of 

Massachusetts’ Conditional Motion 

to Suspend Pilgrim Nuclear Power 

Plant License Renewal Proceeding 

Pending Resolution of Petition for 

Rulemaking to Rescind Spent Fuel 

Pool Exclusion Regulations (June 2, 

2011) (Tentative) 

Week of March 12, 2012—Tentative 

There are no meetings scheduled for 

the week of March 12, 2012. 

Week of March 19, 2012—Tentative 

There are no meetings scheduled for 

the week of March 19, 2012. 

Week of March 26, 2012—Tentative 

Tuesday, March 27, 2012 

9 a.m. Briefing on License Renewal for 

Research and Test Reactors (Public 

Meeting) (Contact: Jessie 

Quichocho, 301–415–0209) 

This meeting will be Web cast live at 

the Web address: www.nrc.gov. 

Week of April 2, 2012—Tentative 

There are no meetings scheduled for 

the week of April 2, 2012. 

Week of April 9, 2012—Tentative 

There are no meetings scheduled for 

the week of April 9, 2012. 

* * * * * 

* The schedule for Commission 

meetings is subject to change on short 

notice. To verify the status of meetings, 

call (recording)—(301) 415–1292. 

Contact person for more information: 

Rochelle Bavol, (301) 415–1651. 

* * * * * 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/public-involve/ 

public-meetings/schedule.html. 

* * * * * 

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 Bill 

Dosch, Chief, Work Life and Benefits 

Branch, at 301–415–6200, TDD: 301– 

415–2100, or by email at 

william.dosch@nrc.gov. Determinations 

on requests for reasonable 

accommodation will be made on a caseby-case basis. 

* * * * * 

This notice is distributed 

electronically to subscribers. If you no 

longer wish to receive it, or would like 

to be added to the distribution, please 

contact the Office of the Secretary, 

Washington, DC 20555 (301–415–1969), 

or send an email to 

darlene.wright@nrc.gov. 

Dated: February 29, 2012. 

Rochelle C. Bavol, 

Policy Coordinator, Office of the Secretary. 

[FR Doc. 2012–5358 Filed 3–1–12; 4:15 pm] 

BILLING CODE 7590–01–P 

OVERSEAS PRIVATE INVESTMENT 

CORPORATION 

Sunshine Act Meeting Notice 

TIME AND DATE: 2 p.m., Wednesday, 

March 21, 2012. 

PLACE: Offices of the Corporation, 

Twelfth Floor Board Room, 1100 New 

York Avenue NW., Washington, DC. 

STATUS: Hearing OPEN to the Public at 

2 p.m. 

PURPOSE: Public Hearing in conjunction 

with each meeting of OPIC’s Board of 

Directors, to afford an opportunity for 

any person to present views regarding 

the activities of the Corporation. 

PROCEDURES: 

Individuals wishing to address the 

hearing orally must provide advance 

notice to OPIC’s Corporate Secretary no 

later than 5 p.m. Friday, March 16, 

2012. The notice must include the 

individual’s name, title, organization, 

address, and telephone number, and a 

concise summary of the subject matter 

to be presented. 

Oral presentations may not exceed ten 

(10) minutes. The time for individual 

presentations may be reduced 

proportionately, if necessary, to afford 

all participants who have submitted a 

timely request an opportunity to be 

heard. 

Participants wishing to submit a 

written statement for the record must 

submit a copy of such statement to 

OPIC’s Corporate Secretary no later than 

5 p.m. Friday, March 16, 2012. Such 

statement must be typewritten, doublespaced, and may not exceed twenty-five 

(25) pages. 

Upon receipt of the required notice, 

OPIC will prepare an agenda, which 

will be available at the hearing, that 

identifies speakers, the subject on which 

each participant will speak, and the 

time allotted for each presentation. 

A written summary of the hearing will 

be compiled, and such summary will be 

made available, upon written request to 

OPIC’s Corporate Secretary, at the cost 

of reproduction. 

Written summaries of the projects to 

be presented at the March 29, 2012 

Board meeting will be posted on OPIC’s 

Web site on or about Friday, March 9, 

2012. 

CONTACT PERSON FOR INFORMATION: 

Information on the hearing may be 

obtained from Connie M. Downs at (202) 

336–8438, via facsimile at (202) 408– 

0297, or via email at 

Connie.Downs@opic.gov. 


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