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Proposed Rules
Federal Register Vol. 86, No. 4
Thursday, January 7, 2021

This section of the FEDERAL REGISTER
contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

NUCLEAR REGULATORY
COMMISSION
10 CFR Part 50
Docket Nos. PRM5093 and PRM5095;
NRC20090554

Calculated Maximum Fuel Element Cladding Temperature Nuclear Regulatory Commission.
ACTION: Petitions for rulemaking; denial.
AGENCY:

The U.S. Nuclear Regulatory Commission NRC is denying two related petitions for rulemaking PRMs, PRM5093 and PRM5095, submitted by Mark Edward Leyse. The petitioner requested that the NRC amend its regulations for the domestic licensing of production and utilization facilities.
The petitioner asserted that data from multirod assembly severe fuel damage experiments indicate that specific aspects of the NRCs regulations on emergency core cooling systems acceptance criteria and evaluation models are not conservative and that additional regulations are necessary.
The NRC is denying these petitions because existing NRC regulations provide reasonable assurance of adequate protection of public health and safety. The petitioner did not present sufficient new information or arguments to support the requested changes.
DATES: The dockets for the petitions for rulemaking, PRM5093 and PRM50
95, are closed on January 7, 2021.
ADDRESSES: Please refer to Docket ID
NRC20090554 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:
Federal Rulemaking Website: Go to https www.regulations.gov and search for Docket ID NRC20090554. Address questions about NRC dockets to Dawn Forder; telephone: 3014153407;
email: Dawn.Forder@nrc.gov. For technical questions, contact the
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SUMMARY:

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individual listed in the FOR FURTHER
section of this document.
NRCs Agencywide Documents Access and Management System ADAMS: You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https www.nrc.gov/reading-rm/
adams.html. To begin the search, select ADAMS Public Documents and then select Begin Web-based ADAMS
Search. For problems with ADAMS, please contact the NRCs Public Document Room PDR reference staff at 18003974209, 3014154737, or by email to pdr.resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in Section IV, Availability of Documents.
Attention: The PDR, where you may examine and order copies of public documents, is currently closed. You may submit your request to the PDR via email at pdr.resource@nrc.gov or call 1
8003974209 between 8:00 a.m. and 4:00 p.m. EST, Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Daniel Doyle, Office of Nuclear Material Safety and Safeguards, telephone: 301
4153748, email: Daniel.Doyle@nrc.gov, U.S. Nuclear Regulatory Commission, Washington, DC 205550001.
SUPPLEMENTARY INFORMATION:
INFORMATION CONTACT

I. Background and Summary of the Petitions II. Public Comments on the Petitions III. NRC Technical Evaluation and Reasons for Denial IV. Availability of Documents V. Conclusion
I. Background and Summary of the Petitions Section 2.802 of title 10 of the Code of Federal Regulations 10 CFR, Petition for Rulemaking Requirements for Filing, provides an opportunity for any interested person to petition the Commission to issue, amend, or rescind any regulation. On November 17, 2009, Mark Edward Leyse submitted a PRM under 2.802. The NRC assigned docket number PRM50
93 to this petition and published a notice of receipt and request for public comment in the Federal Register on January 25, 2010 75 FR 3876.
The petitioner asserted that data from multirod assembly severe fuel damage experiments indicate that specific
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aspects of the NRCs regulations and associated regulatory guidance on Emergency Core Cooling Systems ECCS acceptance criteria and evaluation models are not conservative and that additional regulations are necessary. Therefore, the petitioner requested that the NRC: 1 Amend its regulations to require that the calculated maximum fuel element cladding temperature not exceed a limit based on data from cited experiments; 2 amend its regulations and associated regulatory guidance to require that the rates of energy release, hydrogen generation, and Zircaloy cladding oxidation from the metal-water reaction of zirconium with steam considered in the evaluation models used to calculate ECCS cooling performance be based on data from cited experiments; and 3 issue a new regulation that requires minimum allowable core reflood rates in the event of a loss-of-coolant accident LOCA.
On June 7, 2010, Mark Edward Leyse, on behalf of the New England Coalition, submitted a petition for enforcement action under 2.206, Requests for action under this subpart. The petitioner requested that the NRC order the Vermont Yankee Nuclear Power Station to lower its licensing basis peak cladding temperature to provide an adequate margin of safety in the event of a LOCA. The NRC staff concluded that this petition did not meet the criteria for review under 2.206 because it identified generic issues that could require revisions to existing NRC
regulations. Therefore, the NRC decided to review it as a PRM under 2.802 and assigned it docket number PRM5095.
Because PRM5093 and PRM5095
address similar issues, the NRC staff consolidated its review into a single activity. On October 27, 2010, the NRC
published a notice of consolidation of PRM5093 and PRM5095 in the Federal Register 75 FR 66007 and requested public comment.
The NRC identified three main issues in the two petitions. The remaining paragraphs of Section I summarize the following information for each main issue: 1 Relevant background information; 2 arguments in the petitions; and 3 specific requests the petitioner made to address each issue.

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