[Federal Register Volume 60, Number 201 (Wednesday, October 18, 1995)]
[Notices]
[Pages 53943-53944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25804]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-289]
GPU Nuclear Corporation, et al.; Three Mile Island Nuclear
Station, Unit No. 1; Exemption
I
GPU Nuclear Corporation (the licensee) is the holder of Facility
Operating License No. DPR-50, which authorizes operation of Three Mile
Island Nuclear Station, Unit No. 1 (TMI-1). The license provides, among
other things, that the licensee be subject to all rules, regulations,
and Orders of the Nuclear Regulatory Commission (the Commission) now or
hereafter in effect.
The facility consists of a pressurized water reactor at the
licensee's site located in Dauphin County, Pennsylvania.
II
By letter dated June 1, 1995, the licensee requested an exemption
to 10 CFR 50.44, 10 CFR 50.46, and Appendix K to 10 CFR Part 50 that
would enable the use of two demonstration assemblies during TMI-1
Cycles 11, 12, and 13. These regulations refer to pressurized water
reactors fueled with uranium oxide pellets within cylindrical zircaloy
or ZIRLO cladding. The two demonstration assemblies to be used during
these fuel cycles contain fuel rods with zirconium-based claddings that
are not chemically identical to zircaloy or ZIRLO.
Since 10 CFR 50.46 and Appendix K to 10 CFR Part 50 identify
requirements for calculating emergency core cooling system (ECCS)
performance for reactors containing fuel with zircaloy or ZIRLO
cladding, and 10 CFR 50.44 relates to the generation of hydrogen gas
from a metal-water reactor with reactor fuel having zircaloy or ZIRLO
cladding, an exemption is required to place the two demonstration
assemblies containing fuel rods with advanced zirconium based cladding
in the core.
III
Title 10 of the Code of Federal Regulations at 50.12(a)(2)(ii)
enables the Commission to grant an exemption from the requirements of
Part 50 when special circumstances are present such that 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 50.46
and 10 CFR Part 50, Appendix K is to establish requirements for the
calculation of ECCS performance. The licensee has performed a
calculation demonstrating adequate ECCS performance for TMI-1 and has
shown that the two demonstration assemblies do not have a significant
impact on that previous calculation. As such, the licensee has achieved
the underlying purpose of 10 CFR 50.46 and 10 CFR Part 50, Appendix K.
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 postulated loss-of-coolant accident. 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 small number of fuel rods in the two
demonstration assemblies containing advanced zirconium-based claddings
in conjunction with the chemical similarity of the advanced claddings
to zircaloy and ZIRLO ensures that previous calculations of hydrogen
production resulting from a metal-water reactor would not be
significantly changed. As such, the licensee has achieved the
underlying purpose of 10 CFR 50.44.
The two demonstration assemblies that will be placed in the TMI-1
reactor during Cycles 11, 12, and 13 meet the same design bases as the
fuel in the reactor during previous cycles. No safety limits or
setpoints have been altered as result of the use of the two
demonstration assemblies. The demonstration assemblies will be placed
in core locations that will not experience limiting power peaking
during Cycles 11, 12, or 13. The advanced claddings have been tested
for corrosion resistance, tensile and burst strength, and creep
characteristics. The results indicate that the advanced claddings are
safe for reactor service.
[[Page 53944]]
IV
For the foregoing reasons, the NRC staff has concluded that the use
of the two demonstration assemblies in the TMI-1 reactor during Cycles
11, 12, and 13 will not present an undue risk to public health and
safety and is consistent with the common defense and security. The NRC
staff has determined that there are special circumstances present as
specified in 10 CFR 50.12(a)(2)(ii) such that application of 10 CFR
50.46, 10 CFR Part 50, Appendix K, and 10 CFR 50.44 to explicitly
consider the advanced clad fuel rods present within the two
demonstration assemblies is not necessary in order to achieve the
underlying purpose of these regulations.
Accordingly, the Commisslon has determined that pursuant to 10 CFR
50.12, an exemption is authorized by law and will not endanger life or
property or common defense and security and is otherwise in the public
interest, and hereby grants GPU Nuclear Corporation an exemption from
the requirements of 10 CFR 50.44, 10 CFR 50.46, and Appendix K to 10
CFR Part 50 in that explicit consideration of the advanced zirconium-
based clad fuel present within the two demonstration assemblies is not
required in order to be in compliance with these regulations. This
exemption applies only to the two demonstration assemblies for the time
period (Cycles 11, 12, and 13) for which these assemblies will be in
the TMI-1 reactor core.
Pursuant to 10 CFR 51.32, the Commission has determined that the
granting of this exemption will have no significant impact on the
quality of the human environment (60 FR 34559).
This exemption is effective upon issuance.
Dated at Rockville, Maryland this 12th day of October 1995.
For the Nuclear Regulatory Commission.
Steven A. Varga,
Director, Division of Reactor Projects--I/II, Office of Nuclear Reactor
Regulation.
[FR Doc. 95-25804 Filed 10-17-95; 8:45 am]
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