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NRC RIN: 3150-AH42 Publication ID: Spring 2009 
Title: Performance-Based ECCS Acceptance Criteria [NRC-2008-0332]  
Abstract: The proposed rule would amend section 50.46 to develop performance-based acceptance criteria for fuel cladding performance during loss-of-coolant accidents. Existing provisions of section 50.46 applicable to certain zirconium-based cladding materials would be supplemented by performance-based standards for maximum peak cladding temperature and oxidation limit. The supplementary performance standard would allow licensees to use alternative cladding materials, without seeking an exemption, provided that testing demonstrated that adequate ductility would be maintained, and ECCS analyses showed that the new performance criteria would be satisfied. This rulemaking also would address a petition for rulemaking submitted by the Nuclear Energy Institute (PRM-50-71). On May 30, 2008, NRC staff released a Research Information Letter (RIL) summarizing the proposed technical basis for developing new performance-based ECCS acceptance criteria for section 50.46(b). On June 30, 2008, Argonne National Laboratory completed NUREG/CR-6967 "Cladding Embrittlement during Postulated Loss-off-Coolant Accidents." This document describes the results of the NRC-sponsored testing program which supports the proposed technical basis information in the RIL. Because of the importance of the NRC’s fundamental ECCS regulations in section 50.46, the NRC posted these documents on Regulations.gov to solicit domestic and international public comments. (See http://www.Regulations.gov, Docket ID NRC-2008-0332). The staff prepared a Federal Register notice (73 FR 44778) soliciting public comments on the proposed technical basis. The staff also held a public workshop (September 24, 2008) to facilitate discussion of the technical basis. Overall, stakeholders were against going forward with rulemaking at this time. Industry stakeholders estimated that the cost of implementing the rule was in excess of $200 million. A meeting was held on October 30, 2008, to discuss rulemaking readiness. The staff recommended proceeding with an Advance Notice of Proposed Rulemaking (ANPRM). On December 2, 2008, the staff discussed this issue with the ACRS subcommittee on reactor fuel. During the meeting, ACRS members were generally supportive of the staff's research and conclusions. In it's letter dated December 18, 2008, the ACRS also supported the staff's plan for an ANPRM. In a memorandum on December 19, 2008, the EDO informed the Commission of the staff's technical conclusions and plans to issue an ANPRM in August 2009. The Commission approved the schedule. 
Agency: Nuclear Regulatory Commission(NRC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 10 CFR 50   
Legal Authority: 42 USC 2201    42 USC 5841   
Legal Deadline:  None
Timetable:
Action Date FR Cite
ANPRM  07/00/2009    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Richard F. Dudley
Nuclear Regulatory Commission
Office of Nuclear Reactor Regulation,
Washington, DC 20555-0001
Phone:301 415-1116
Email: richard.dudley@nrc.gov