[Federal Register Volume 65, Number 4 (Thursday, January 6, 2000)]
[Notices]
[Pages 794-795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-251]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-346]


FirstEnergy Nuclear Operating Company, Davis-Besse Nuclear Power 
Station, Unit 1; Environmental Assessment and Finding of No Significant 
Impact

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of exemptions from the provisions of: (1) 10 
CFR 50.44, ``Standards for Combustible Gas Control System in Light-
Water-Cooled Power Reactors,'' which states requirements to control the 
hydrogen generated by Zircaloy or ZIRLO fuel cladding after a 
postulated loss-of-coolant accident (LOCA); (2) 10 CFR 50.46, 
``Acceptance Criteria for Emergency Core Cooling Systems for Light-
Water Nuclear Power Reactors,'' which requires the calculated emergency 
core cooling system (ECCS) performance for reactors with Zircaloy or 
ZIRLO fuel cladding to meet certain criteria; and (3) Appendix K to 10 
CFR Part 50, ``ECCS Evaluation Models,'' which presumes the use of 
Zircaloy or ZIRLO fuel cladding when doing calculations for energy 
release, cladding oxidation and hydrogen generation after a postulated 
LOCA, for Facility Operating License No. NPF-3, issued to the 
FirstEnergy Nuclear Operating Company (the licensee), for operation of 
the Davis-Besse Nuclear Power Station, Unit 1, located in Ottawa 
County, Ohio.

Environmental Assessment

Identification of the Proposed Action

    The licensee has requested exemptions from 10 CFR 50.44, 10 CFR 
50.46 and 10 CFR 50 Appendix K regarding the proposed use of M5 
advanced alloy for fuel assemblies. The proposed action would allow the 
licensee to use fuel assemblies with fuel rod cladding that falls 
outside of the definition of Zircaloy and ZIRLO in the cited 
regulations. These assemblies would be loaded into the Davis-Besse 
reactor during the refueling outage in the spring of 2000. The proposed 
action is in accordance with the licensee's application for exemption 
dated September 15, 1998.

Need for the Proposed Action

    10 CFR 50.46(a)(1)(i) and Appendix K to 10 CFR Part 50 require the 
demonstration of adequate ECCS performance for light-water reactors 
that contain fuel consisting of uranium oxide pellets enclosed in 
Zircaloy or ZIRLO tubes. In addition, 10 CFR 50.44(a) addresses 
requirements to control hydrogen generated by Zircaloy or ZIRLO fuel 
after a postulated LOCA. Each of these three regulations, either 
implicitly or explicitly, assume that either Zircaloy or ZIRLO is used 
as the fuel rod cladding material. In order to accommodate the high 
fuel rod burnups that are required for modern fuel management and core 
designs, Framatome Technologies, Inc. developed the M5 advanced fuel 
rod cladding and fuel assembly structural material. M5 is an alloy 
comprised primarily of zirconium (<difference>99 percent) and niobium 
(<difference>1 percent) that has demonstrated superior corrosion 
resistance and reduced irradiation induced growth relative to both 
standard and low-tin Zircaloy. However, since the chemical composition 
of the M5 advanced alloy differs from the specifications of either 
Zircaloy or ZIRLO, use of the M5 advanced alloy falls outside of the 
strict interpretation of these regulations. Therefore, approval of 
these exemptions is needed to permit the use of the M5 advanced alloy 
as a fuel rod cladding material at the Davis-Besse Nuclear Power 
Station.
    10 CFR 50.12 permits the Nuclear Regulatory Commission to grant 
exemptions which are authorized by law, will not present an undue risk 
to the health and safety of the public, and are consistent with the 
common defense and security, provided that special circumstances are 
present. Pursuant to 10 CFR 50.12(a)(2)(ii), the Commission believes 
that special circumstances exist since application of the rule in this 
case would not 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 requirements for emergency core cooling systems. The 
underlying purpose of 10 CFR 50.44 is to control hydrogen generated by 
the metal/water reaction after a postulated LOCA, regardless of fuel 
cladding material. The licensee addressed the safety impact of using M5 
fuel in its amendment application dated September 8, 1998.
    The staff has evaluated this impact and has concluded that use of 
the M5 advanced alloy as a fuel rod cladding material remains bounded 
by the original design basis for the Davis-Besse facility. Therefore, 
since the underlying purposes of 10 CFR 50.44, 10 CFR 50.46, and 10 CFR 
50 Appendix K are achieved through the use of the M5 advanced alloy as 
a fuel rod cladding material, the special circumstances required by 10 
CFR 50.12(a)(2)(ii) for the granting of exemptions are met.

[[Page 795]]

Environmental Impacts of the Proposed Action

    With regard to potential radiological impacts to the general 
public, the exemptions under consideration involve features located 
entirely within the restricted area as defined in 10 CFR Part 20. The 
new fuel assemblies meet the same design bases as the fuel that is 
currently in the reactor. No safety limits have been changed or 
setpoints altered as a result of the use of these new assemblies. The 
FSAR analyses are bounding for the new assemblies as well as for the 
rest of the core. The advanced zirconium-based alloys Zircaloy and 
ZIRLO have been shown through testing to perform satisfactorily under 
conditions representative of a reactor environment and the material 
properties of M5 are very similar to these alloys.
    With regard to the potential environmental impacts associated with 
the transportation of the M5 clad fuel assemblies, the advanced 
cladding has no impact on previous assessments determined in accordance 
with 10 CFR 51.52.
    The proposed action will not significantly increase the probability 
or consequences of accidents, no changes are being made in the types of 
any effluents that may be released off site, and there is no 
significant increase in occupational or public radiation exposure. 
Therefore, there are no significant radiological environmental impacts 
associated with the proposed action.
    With regard to potential nonradiological impacts, the proposed 
action does not involve any historic sites. It does not affect 
nonradiological plant effluents and has no other environmental impact. 
Therefore, there are no significant nonradiological environmental 
impacts associated with the proposed action.
    Accordingly, the NRC concludes that there are no significant 
environmental impacts associated with the proposed action.

Alternatives to the Proposed Action

    As an alternative to the proposed action, the staff considered 
denial of the proposed action (i.e., the ``no-action'' alternative). 
Denial of the application would result in no change in current 
environmental impacts. The environmental impacts of the proposed action 
and the alternative action are similar.

Alternative Use of Resources

    This action does not involve the use of any resources not 
previously considered in the ``Final Environmental Statement Related to 
the Operation of Davis-Besse Nuclear Power Station, Unit 1,'' dated 
October 1975.

Agencies and Persons Consulted

    In accordance with its stated policy, on December 7, 1999, the 
staff consulted with the Ohio State official, Carol O'Claire, of the 
Ohio Emergency Management Agency, 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 Commission 
concludes that the proposed action will not have a significant effect 
on the quality of the human environment. Accordingly, the Commission 
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 15, 1998, which is available for 
public inspection at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC. Publically available 
records will be accessible electronically from the ADAMS Public Library 
component on the NRC Web site, http://www.nrc.gov (the Electronic 
Reading Room).

    Dated at Rockville, Maryland, this 30th day of December 1999.

    For the Nuclear Regulatory Commission.
Anthony J. Mendiola,
Chief, Section 2, Project Directorate III, Division of Licensing 
Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-251 Filed 1-5-00; 8:45 am]
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