[Federal Register Volume 71, Number 207 (Thursday, October 26, 2006)]
[Notices]
[Pages 62628-62630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17937]


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NUCLEAR REGULATORY COMMISSION

 [Docket No. 50-255]


Nuclear Management Company, LLC; Palisades Plant Exemption

1.0 Background

    Nuclear Management Company, LLC (NMC), is the holder of Facility 
Operating License No. DPR-20, which authorizes operation of the 
Palisades Nuclear Plant (Palisades). The license provides, among other 
things, that the facility is subject to all rules, regulations, and 
orders of the Nuclear

[[Page 62629]]

Regulatory Commission (NRC, the Commission) now or hereafter in effect.
    The facility consists of a pressurized-water reactor located in 
VanBuren County, Michigan.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR), part 50.46, 
``Acceptance criteria for emergency core cooling systems for light-
water nuclear power reactors,'' requires that the calculated emergency 
core cooling system (ECCS) performance for reactors with zircaloy or 
ZIRLO fuel cladding meet certain criteria. Appendix K to 10 CFR part 
50, ``ECCS Evaluation Models,'' presumes the use of zircaloy or ZIRLO 
fuel cladding when doing calculations for energy release, cladding 
oxidation, and hydrogen generation after a postulated loss-of-coolant 
accident.
    Framatome ANP developed M5 advanced fuel rod cladding and fuel 
assembly structural material for high-burnup fuel applications. M5 is 
an alloy comprised primarily of zirconium (~99 percent) and niobium (~1 
percent). The NRC staff approved the use of M5 material in topical 
report BAW-10227P-A, Revision 1, ``Evaluation of Advanced Cladding and 
Structural Material (M5) in PWR Reactor Fuel,'' dated June 18, 2003. 
The M5 cladding is a proprietary, zirconium-based alloy that is 
chemically different from zircaloy or ZIRLO cladding materials, which 
are approved for use in the previously-mentioned NRC regulations. 
Therefore, a plant-specific exemption from these regulations is 
necessary to allow the use of M5 cladding. Accordingly, NMC's 
application of October 4, 2005, as supplemented June 14, 2006, 
requested an exemption from the requirements of 10 CFR 50.46 and 
Appendix K to 10 CFR part 50 to allow the use of M5 fuel cladding at 
Palisades.

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 50.46 and Appendix K to 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 (2) when special circumstances are 
present.

Authorized by Law

    This exemption would allow the use of M5 advanced alloy, in lieu of 
zircaloy or ZIRLO, for fuel rod cladding in fuel assemblies at 
Palisades. As stated above, 10 CFR 50.12 allows the NRC to grant 
exemptions from the requirements of 10 CFR part 50.46 and Appendix K to 
10 CFR part 50. Therefore, the exemption is authorized by law.

No Undue Risk to Public Health and Safety

    The staff has previously reviewed exemption requests for use of the 
M5 advanced alloy material for other pressurized-water reactors. 
Exemptions from 10 CFR 50.46 and 10 CFR part 50, Appendix K, have been 
issued at Crystal River Unit 3 Nuclear Generating Plant and Arkansas 
Nuclear One, Unit 1.
    In the approved topical report BAW-10227P-A, Revision 1, 
``Evaluation of Advanced Cladding and Structural Material (M5) in PWR 
Reactor Fuel,'' dated June 18, 2003, Framatome ANP demonstrated that 
the effectiveness of the ECCS will not be affected by a change from 
zircaloy fuel rod cladding to M5 fuel rod cladding. The analysis 
described in the topical report also demonstrated that the ECCS 
acceptance criteria applied to reactors fueled with zircaloy clad fuel 
are also applicable to reactors fueled with M5 fuel rod cladding.
    Appendix K, paragraph I.A.5, of 10 CFR part 50 ensures that 
cladding oxidation and hydrogen generation are appropriately limited 
during a loss-of-coolant accident (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 
the approved topical report BAW-10227P-A, Revision 1, Framatome ANP 
demonstrated that the Baker-Just model is conservative in all post-LOCA 
scenarios with respect to the use of the M5 advanced alloy as a fuel 
rod cladding material, and that the amount of hydrogen generated in an 
M5-clad core during a LOCA will remain within the Palisades design 
basis.
    The NRC staff has reviewed the advanced cladding and structural 
material, M5, for pressurized-water reactor fuel mechanical designs as 
described in BAW-10227P-A, Revision 1. In its safety evaluation for 
this topical report, the NRC staff concluded that, to the extent and 
limitations specified in the staff's evaluation, the M5 properties and 
mechanical design methodology are acceptable for referencing in fuel 
reload licensing applications.
    Based on the above, no new accident precursors are created by the 
use of M5 fuel cladding at Palisades; thus, the probability of 
postulated accidents is not increased. Also, based on the above, the 
consequences of postulated accidents are not increased. Therefore, 
there is no undue risk to public health and safety.

Consistent With Common Defense and Security

    The proposed exemption would allow the use of M5 advanced alloy for 
fuel rod cladding in fuel assemblies at Palisades. This change to the 
plant has no relation to security issues. Therefore, the common defense 
and security is not impacted by this exemption.

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.
    The underlying purpose of 10 CFR, part 50.46, is to ensure that 
facilities have adequate acceptance criteria for ECCS. As discussed 
above, topical report BAW-10227P-A, Revision 1, demonstrated that the 
effectiveness of the ECCS will not be affected by a change from 
zircaloy fuel rod cladding to M5 fuel rod cladding. It also 
demonstrated that the ECCS acceptance criteria applied to reactors 
fueled with zircaloy clad fuel are applicable to reactors fueled with 
M5 fuel rod cladding.
    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. As mentioned above, topical report BAW-
10227P-A, Revision 1, demonstrated that the Baker-Just model is 
conservative in all post-LOCA scenarios with respect to the use of the 
M5 advanced alloy as a fuel rod cladding material, and the staff 
concludes that the amount of hydrogen generated in an M5-clad core 
during a LOCA would remain within the Palisades design basis.
    As previously mentioned, the NRC staff's review of the M5 material 
for pressurized-water reactor fuel mechanical designs concluded that, 
to the extent and limitations specified in the staff's evaluation, the 
M5 properties and mechanical design methodology are acceptable for 
referencing in fuel reload licensing applications.
    Therefore, since the underlying purposes of 10 CFR 50.46 and 10 CFR 
part 50, Appendix K, are achieved, the special circumstances required 
by these regulations for the granting of an

[[Page 62630]]

exemption from 10 CFR 50.46 and 10 CFR part 50 exist.

4.0 Conclusion

    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 NMC an exemption from the 
requirements of 10 CFR 50.46 and 10 CFR part 50, Appendix K, for 
Palisades.
    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 (71 FR 58442).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 16th day of October 2006.

    For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. E6-17937 Filed 10-25-06; 8:45 am]
BILLING CODE 7590-01-P