5224 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Notices 

FOR FURTHER INFORMATION CONTACT:

Mark S. Quigley, Director of 

Communications, National Council on 

Disability, 1331 F Street, NW., Suite 

850, Washington, DC 20004; (202) 272–

2004 (voice), (202) 272–2074 (TTY), 

(202) 272–2022 (fax), mquigley@ncd.gov

(e-mail). 

Agency Mission: The National Council 

on Disability (NCD) is an independent 

federal agency composed of 15 members 

appointed by the President and 

confirmed by the U.S. Senate. Its overall 

purpose is to promote policies, 

programs, practices, and procedures that 

guarantee equal opportunity for all 

people with disabilities, including 

people from culturally diverse 

backgrounds, regardless of the nature or 

significance of the disability; and to 

empower people with disabilities to 

achieve economic self-sufficiency, 

independent living, and inclusion and 

integration into all aspects of society. 

Accommodations: Those needing sign 

language interpreters or other disability 

accommodations should notify NCD at 

least one week before this meeting. 

Language Translation: In accordance 

with E.O. 13166, Improving Access to 

Services for Persons with Limited 

English Proficiency, those people with 

disabilities who are limited English 

proficient and seek translation services 

for this meeting should notify NCD at 

least one week before this meeting. 

Multiple Chemical Sensitivity/

Environmental Illness: People with 

multiple chemical sensitivity/

environmental illness must reduce their 

exposure to volatile chemical 

substances to attend this meeting. To 

reduce such exposure, NCD requests 

that attendees not wear perfumes or 

scented products at this meeting. 

Smoking is prohibited in meeting rooms 

and surrounding areas.

Dated: January 28, 2005. 

Ethel D. Briggs, 

Executive Director.

[FR Doc. 05–1941 Filed 1–28–05; 1:37 pm] 

BILLING CODE 6820–MA–P

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

National Endowment for the Arts; Arts 

Advisory Panel 

Pursuant to section 10(a)(2) of the 

Federal Advisory Committee Act (Pub. 

L. 92–463), as amended, notice is hereby 

given that a meeting of the Arts 

Advisory Panel, Museums section 

(American Masterpieces category) to the 

National Council on the Arts will be 

held from February 23–25, 2005, in 

Room 716 at the Nancy Hanks Center, 

1100 Pennsylvania Avenue, NW., 

Washington, DC 20506. This meeting, 

from 9 a.m. to 5:30 p.m. on February 

23rd and 24th, and from 9 a.m. to 11:30 

a.m. on February 25th, will be closed. 

Please note that the ending day and time 

of this meeting is tentative, and the 

meeting may conclude on February 

24th. 

This meeting is for the purpose of 

Panel review, discussion, evaluation, 

and recommendations on financial 

assistance under the National 

Foundation on the Arts and the 

Humanities Act of 1965, as amended, 

including information given in 

confidence to the agency. In accordance 

with the determination of the Chairman 

of April 30, 2003, these sessions will be 

closed to the public pursuant to 

subsection (c)(6) of section 552b of Title 

5, United States Code. 

Further information with reference to 

this meeting can be obtained from Ms. 

Kathy Plowitz-Worden, Office of 

Guidelines & Panel Operations, National 

Endowment for the Arts, Washington, 

DC 20506, or call 202/682–5691.

Dated: January 26, 2005. 

Kathy Plowitz-Worden, 

Panel Coordinator, Panel Operations, 

National Endowment for the Arts.

[FR Doc. 05–1798 Filed 1–31–05; 8:45 am] 

BILLING CODE 7537–01–P

NATIONAL SCIENCE FOUNDATION

Notice of Meeting 

The National Science Foundation 

announces the following meeting: 

Name: Interagency Arctic Research 

Policy Committee (IARPC). 

Date and Time: Tuesday, March 1, 

2005, 2–3:30 p.m. 

Place: National Science Foundation, 

Room 1235, 4201 Wilson Blvd., 

Arlington, VA. 

Type of Meeting: Closed. The meeting 

is closed to the public because future 

fiscal year budgets will be discussed. 

Contact Person: Charles E. Myers, 

Office of Polar Programs, Room 755, 

National Science Foundation, Arlington, 

VA 22230, Telephone : (703) 292–8029. 

Purpose of Committee: The 

Interagency Arctic Research Policy 

Committee was established by Public 

Law 98–373, the Arctic Research and 

Policy Act, to help set priorities for 

future arctic research, assist in the 

development of national arctic research 

policy, prepare a multi-agency Plan for 

arctic research, and simplify 

coordination of arctic research. 

Proposed Meeting Agenda Items:

1. U.S. Arctic Policy Review. 

2. International Polar Year (IPY) 

Research Activities. 

3. Discussion of Budget for IPY 

Activities. 

4. Report of the Arctic Research 

Commission.

Charles E. Myers, 

Head, Interagency Arctic Staff, Office of Polar 

Programs.

[FR Doc. 05–1786 Filed 1–31–05; 8:45 am] 

BILLING CODE 7555–01–M

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–395] 

South Carolina Electric & Gas 

Company, Virgil C. Summer Nuclear 

Station; Exemption 

1.0 Background 

The South Carolina Electric & Gas 

Company (SCE&G, the licensee) is the 

holder of the Renewed Facility 

Operating License No. NPF–12 which 

authorizes operation of the Virgil C. 

Summer Nuclear Station (VSNS). The 

license provides, among other things, 

that the facility is subject to all rules, 

regulations, and orders of the Nuclear 

Regulatory Commission (NRC or the 

Commission) now or hereafter in effect. 

The facility consists of a pressurizedwater reactor located in Fairfield County 

in South Carolina. 

2.0 Request/Action 

Title 10 of the Code of Federal 

Regulations (10 CFR), part 50, section 

50.44 specifies requirements for the 

control of hydrogen gas generated after 

a postulated loss-of-coolant accident 

(LOCA) for reactors fueled with 

zirconium cladding. Acceptance criteria 

contained in 10 CFR 50.46 are for 

emergency core cooling systems (ECCSs) 

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. 

In summary, 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 50.44, 

10 CFR 50.46, and Appendix K to 10 

CFR part 50 is needed to irradiate lead 

test assemblies (LTAs) consisting of 

developmental clad alloys at VSNS. 

Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Notices 5225

3.0 Discussion 

3.1 Fuel Mechanical Design 

Optimized ZIRLOTM

Optimized ZIRLOTM has a lower tin 

content than the licensed ZIRLOTM. Tin 

is a solid solution strengthener and aphase stabilizer present entirely in the 

base a-phase zirconium crystalline 

structure. Potential impacts of a reduced 

tin content on material properties 

include (1) a reduced tensile strength, 

(2) an increased thermal creep rate, (3) 

an increased irradiation growth rate, (4) 

a reduced a→a+β phase transition 

temperature, and (5) an improved 

corrosion resistance. The slight 

reduction in tin content will not effect 

the size, shape, or distribution of any 

second phase or inter-metallic 

precipitates, nor the overall 

microstructure of this developmental 

zirconium alloy. With a consistent 

microstructure, low tin ZIRLOTM will 

exhibit many similar material 

characteristics as the licensed ZIRLOTM. 

Further, the final annealing of 

Optimized ZIRLOTM has been designed 

to improve mechanical performance. 

In the exemption request, SCE&G 

provides details of the planned postirradiation examinations (PIEs) of the 

LTAs. Examinations include rod 

profilometry, rod growth, rod oxidation, 

and visual inspection. In response to a 

request for additional information, the 

licensee stated that PIE data, as well as 

data from other Westinghouse LTA 

programs, will be used to ensure 

existing design models remain valid. 

As a result of the PIEs, any negative 

aspects of the low tin alloy’s 

performance, including the potential 

impacts of a reduced tin content 

identified above, will be identified and 

resolved. Furthermore, significant 

deviations from model predictions will 

be reconciled.

The fuel rod burnup and fuel duty 

experienced by the LTAs in VSNS will 

remain well within the operating 

experience base and applicable licensed 

limits for ZIRLOTM. 

Utilizing currently approved fuel 

performance and fuel mechanical design 

models and methods, SCE&G and 

Westinghouse will perform cyclespecific reload evaluations to ensure 

that the LTAs satisfy existing design 

criteria. 

Based upon LTA irradiation 

experience of similar low tin versions of 

ZIRLOTM, expected performance due to 

similar material properties, and an LTA 

PIE program aimed at qualifying model 

predictions, the staff finds the LTA 

mechanical design acceptable for VSNS. 

3.2 Core Physics and Non-LOCA 

Safety Analysis 

The SCE&G exemption request relates 

solely to the specific types of cladding 

material specified in the regulations. No 

new or altered design limits for 

purposes of 10 CFR part 50, Appendix 

A, General Design Criterion 10, ‘‘Reactor 

Design,’’ need to be applied or are 

required for this program. 

Optimized ZIRLOTM

Due to similar material properties, 

any impact of low tin ZIRLOTM on the 

safety analysis models and methods is 

expected to be minimal. Utilizing 

currently approved core physics, core 

thermal-hydraulics, and non-LOCA 

safety analysis models and methods, 

SCE&G and Westinghouse will perform 

cycle-specific reload evaluations to 

ensure that the LTAs satisfy design 

criteria. 

Nuclear design evaluations will 

ensure that LTAs be placed in 

nonlimiting core locations. As such, 

additional thermal margin to design 

limits will be maintained between LTA 

fuel rods and the hot rod evaluated in 

safety analyses. Thermal-hydraulic and 

non-LOCA evaluations will confirm that 

the LTAs are bounded by the current 

analysis of record. 

Based upon the use of approved 

models and methods, expected material 

performance, and the placement of 

LTAs in nonlimiting core locations, the 

staff finds that the irradiation of up to 

four LTAs in VSNS will not result in 

unsafe operation nor violation of 

Specified Acceptable Fuel Design 

Limits. Furthermore, in the event of a 

Design Basis Accident, these LTAs will 

not promote consequences beyond those 

currently analyzed. 

3.3 Regulatory Evaluation 

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 if, (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) special circumstances are present. 

3.3.1 10 CFR 50.44 

The underlying purpose of 10 CFR 

50.44 is to ensure that means are 

provided for the control of hydrogen gas 

that may be generated following a 

LOCA. The licensee has provided means 

for controlling hydrogen gas and has 

previously considered the potential for 

hydrogen gas generation stemming from 

a metal-water reaction. The LTA rods 

containing a low tin version of ZIRLOTM

cladding are similar in chemical 

composition to zircaloy cladding. Metalwater reaction tests performed by 

Westinghouse on low tin versions of 

ZIRLOTM (documented in Appendix B 

of Addendum 1 to WCAP–12610–P–A) 

demonstrate comparable reaction rates. 

Accordingly, the previous calculations 

of hydrogen production resulting from a 

metal-water reaction will not be 

significantly changed. As such, 

application of 10 CFR 50.44 is not 

necessary for the licensee to achieve its 

underlying purpose in these 

circumstances. 

3.3.2 10 CFR 50.46 

The underlying purpose of 10 CFR 

50.46 is to establish acceptance criteria 

for ECCS performance. The applicability 

of these ECCS acceptance criteria has 

been demonstrated by Westinghouse. 

Ring compression tests performed by 

Westinghouse on low tin versions of 

ZIRLOTM (documented in Appendix B 

of Addendum 1 to WCAP–12610–P–A) 

demonstrate an acceptable retention of 

post-LOCA ductility up to 10 CFR 50.46 

limits of 2200 °F and 17 percent 

Equivalent Cladding Reacted. Utilizing 

currently approved LOCA models and 

methods, Westinghouse will perform 

cycle-specific reload evaluations prior 

to use to ensure that the LTAs satisfy 10 

CFR 50.46 acceptance criteria. 

Therefore, the exemption to expand the 

application of 10 CFR 50.46 to include 

Optimized ZIRLOTM is acceptable. 

3.3.3 10 CFR Part 50, Appendix K 

Paragraph I.A.5 of Appendix K to 10 

CFR part 50 states that the rates of 

energy, hydrogen concentration, and 

cladding oxidation from the metal-water 

reaction shall be calculated using the 

Baker-Just equation. Since the BakerJust equation presumes the use of 

zircaloy clad fuel, strict application of 

the rule would not permit use of the 

equation for the LTA cladding for 

determining acceptable fuel 

performance. Metal-water reaction tests 

performed by Westinghouse on low tin 

versions of ZIRLOTM (documented in 

Appendix B of Addendum 1 to WCAP–

12610–P–A) demonstrate conservative 

reaction rates relative to the Baker-Just 

equation. Thus, application of 

Appendix K, Paragraph I.A.5 is not 

necessary for the licensee to achieve its 

underlying purpose in these 

circumstances. 

3.3.4 Special Circumstances 

In summary, the staff reviewed the 

licensee’s request of proposed 

exemption to allow up to four LTAs 

containing fuel rods, guide thimble 

tubes, and instrumentation tubes 

5226 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Notices 

fabricated with Optimized ZIRLOTM. 

Based on the staff’s evaluation, as set 

forth above, the staff considers that 

granting the proposed exemption will 

not defeat the underlying purpose of 10 

CFR 50.44, 10 CFR 50.46, or Appendix 

K to 10 CFR part 50. Accordingly, 

special circumstances, are present 

pursuant to 10 CFR 50.12(a)(2)(ii).

3.3.5. Other Standards in 10 CFR 50.12 

The staff examined the rest of the 

licensee’s rationale to support the 

exemption request, and concluded that 

the use of Optimized ZIRLOTM would 

satisfy 10 CFR 50.12(a) as follows: 

(1) The requested exemption is 

authorized by law: 

No law precludes the activities 

covered by this exemption request. The 

Commission, based on technical reasons 

set forth in rulemaking records, 

specified the specific cladding materials 

identified in 10 CFR 50.44, 10 CFR 

50.46, and 10 CFR part 50, Appendix K. 

Cladding materials are not specified by 

statute. 

(2) The requested exemption does not 

present an undue risk to the public 

health and safety as stated by the 

licensee:

The LTA safety evaluation will ensure that 

these acceptance criteria [in the 

Commission’s regulations] are met following 

the insertion of LTAs containing Optimized 

ZIRLOTM material. Fuel assemblies using 

Optimized ZIRLOTM cladding will be 

evaluated using NRC-approved analytical 

methods and plant specific models to address 

the changes in the cladding material 

properties. The safety analysis for VSNS is 

supported by the applicable technical 

specification. The VSNS reload cores 

containing Optimized ZIRLOTM cladding 

will continue to be operated in accordance 

with the operating limits specified in the 

technical specifications. LTAs utilizing 

Optimized ZIRLOTM cladding will be placed 

in non-limiting core locations. Thus, the 

granting of this exemption request will not 

pose an undue risk to public health and 

safety.

The NRC staff has evaluated these 

considerations as set forth in Section 3.1 

of this exemption. For the reasons set 

forth in that section, the staff concludes 

that Optimized ZIRLOTM may be used 

as a cladding material for no more than 

four LTAs to be placed in nonlimiting 

core locations during VSNS’s next 

refueling outage, and that an exemption 

from the requirements of 10 CFR 50.44, 

10 CFR 50.46, and 10 CFR part 50, 

Appendix K does not pose an undue 

risk to the public health and safety. 

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 SCE&G 

exemptions from the requirements of 10 

CFR 50.44, 10 CFR 50.46, and 10 CFR 

part 50, Appendix K, to allow four LTAs 

containing fuel rods with Optimized 

ZIRLOTM and several different 

developmental clad alloys. 

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 (70 FR 1742). 

This exemption is effective upon 

issuance.

Dated in Rockville, Maryland, this 14th 

day of January 2005.

For the Nuclear Regulatory Commission. 

James E. Lyons, 

Deputy Director, Division of Licensing Project 

Management, Office of Nuclear Reactor 

Regulation.

[FR Doc. 05–1772 Filed 1–31–05; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–390] 

Utility Name; Notice of Consideration 

of Issuance of Amendment to Facility 

Operating License, Proposed No 

Significant Hazards Consideration 

Determination, and Opportunity for a 

Hearing 

The U.S. Nuclear Regulatory 

Commission (the Commission) is 

considering issuance of an amendment 

to Facility Operating License No. NPF–

90 issued to the Tennessee Valley 

Authority (the licensee) for operation of 

the Watts Bar Nuclear Plant (WBN), 

Unit 1, located in Rhea County, 

Tennessee. 

The proposed change allows entry 

into a mode or other specified condition 

in the applicability of a Technical 

Specification (TS), while in a condition 

statement and the associated required 

actions of the TS, provided the licensee 

performs a risk assessment and manages 

risk consistent with the program in 

place for complying with the 

requirements of title 10 of the Code of 

Federal Regulations (10 CFR), part 50, 

section 50.65(a)(4). Limiting Condition 

for Operation (LCO) 3.0.4 exceptions in 

individual TSs would be eliminated, 

several notes or specific exceptions are 

revised to reflect the related changes to 

LCO 3.0.4, and Surveillance 

Requirement (SR) 3.0.4 is revised to 

reflect the LCO 3.0.4 allowance. The No 

Significant Hazards Consideration 

Determination concerning this change 

was published in the Federal Register

on January 18, 2005 (70 FR 2901). 

A separate change, not described in 

the above Federal Register notice, was 

also included in the licensee’s 

application. In accordance with TS Task 

Force (TSTF)—285, Charging Pump 

Swap Low-Temperature OverPressurization Allowance, LCO 3.4.12, 

Cold Overpressure Mitigation System 

(COMS), is being revised to modify and 

relocate two notes in the WBN TSs. The 

changes are all administrative, except a 

change which would allow two charging 

pumps to be made capable of injecting 

into the Reactor Coolant System to 

support pump swap operations for a 

period not to exceed 1 hour instead of 

the currently allowed 15 minutes. 

Before issuance of the proposed 

license amendment, the Commission 

will have made findings required by the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s 

regulations. 

The Commission has made a 

proposed determination that the 

amendment request involves no 

significant hazards consideration. Under 

the Commission’s regulations in 10 CFR 

50.92, this means that operation of the 

facility in accordance with the proposed 

amendment would not (1) involve a 

significant increase in the probability or 

consequences of an accident previously 

evaluated; or (2) create the possibility of 

a new or different kind of accident from 

any accident previously evaluated; or 

(3) involve a significant reduction in a 

margin of safety. As required by 10 CFR 

50.91(a), the licensee has provided its 

analysis of the issue of no significant 

hazards consideration, which is 

presented below:

1. Does the proposed change involve a 

significant increase in the probability or 

consequences of an accident previously 

evaluated? 

Response: No. 

The proposed change to the WBN TS is 

consistent with improvements made to the 

Standard Technical Specifications for 

Westinghouse Plants and continues to 

provide controls for safe operation within the 

required limits. The probability of occurrence 

or the consequences of an accident are not 

significantly increased as a result of the 

increased time from 15 minutes to one hour 

to allow pump swap operations. The one 

hour time period is reasonable considering 

the small likelihood of an event during this 

brief period and the other administrative 

controls available (e.g., operator action to 

stop any pump that inadvertently starts) and 

considering the required vent paths in 

accordance with the LCO. The proposed 

change does not affect degradation of 

accident mitigation systems. The proposed