IR 015000240/2020022
| ML22045A449 | |
| Person / Time | |
|---|---|
| Site: | 015000240 |
| Issue date: | 04/01/2022 |
| From: | Navarro C NRC/RES/DSA |
| To: | |
| Navarro C | |
| References | |
| OMB 3150-0240 | |
| Download: ML22045A449 (6) | |
Text
DRAFT SUPPORTING STATEMENT FOR COLLECTION OF RESEARCH CODE NON-DISCLOSURE AGREEMENT INFORMATION
(3150-0240)
Extension
Description of the Information Collection
The collection instrument is a non-disclosure agreement (NDA) used for domestic and foreign entities to obtain and use the U.S. Nuclear Regulatory Commissions (NRCs)
nuclear safety and analytical computer code These computer codes are used to model and evaluate fuel behavior, materials performance, reactor kinetics and thermal-hydraulic conditions, severe accident progression, time-dependent dose for design-basis accidents, radionuclide transport and dispersion, emergency preparedness and response modeling, and health effects consequences during various postulated accident condition Foreign and domestic licensees, universities, and corporations requesting access to the codes must provide the following information on the NDA:
- Name of entity requesting access
Ownership (foreign or domestic) of entity requesting access
Name of person completing the form
Title
Position
Email address
Citizenship of requestor
Mailing address
Company website (if applicable)
Planned use of codes
NRC Contractor number (if applicable)
Entities submit revised NDAs when that user no longer requires access to the code The NDA also includes terms and conditions for code use and asks for notification to NRC of code errors, code modifications, and updated user informatio An officially signed and executed NDA of users agreeing to the terms and conditions is current NRC practice for allowing access to NRC-developed computer code Once the NDA has been signed, received, reviewed, and accepted, the requesting individual or organization is given access to the requested cod The information requested in the NDA is mandatory to obtain a benefit (access to the codes). NRC has the authority to request this information under Section 161c of the Atomic Energy Act of 1954, which states, In the performance of its functions the Commission is authorized to make such studies and investigations, obtain such
information, and hold such meetings or hearings as the Commission may deem necessary or proper to assist it in exercising any authority provided in this Act, or in the administration or enforcement of this Act, or any regulations or orders issued thereunde A. JUSTIFICATION
1. Need For and Practical Utility of the Collection of Information
The information collection enables the NRC to ensure that proper procedures and agreements are in place to guide the distribution and use of these codes according to NRC and U.S. Government policies and international agreements such as import-export restrictions and intellectual property right Further information collection on code errors and modifications by code users permits NRC to maintain control and quality of its codes in a timely and efficient manne The NDA is stored in the Agencywide Documents Access and Management System (ADAMS) for easy retrievability and traceabilit Adhering to a practice where users of the code are required to sign an NDA provides the following key benefits to NRC:
- Highlights the terms by which users will not release NRC-developed computer codes to a third party without NRC consent and approva *
Ensures authenticity and pedigree of NRC computer codes and code results by requiring users to rename a modified code version with a somewhat different name (provided NRC has authorized the development of a modified version).
- Prohibits foreign entities from using the code for the commercial application in the development of a new reactor design or for commercial use in the United States unless performed by its subsidiar *
Makes no warranty by NRC, expressed or implied, or assumes any legal liability or responsibility for any use, or the results of such use, or of any information, product, or process included in or calculated by the code, or represents that the use would not infringe privately-owned right *
Requires a description of the intended use of the code ensuring the use of the code is not inconsistent with the mission of the NR *
Stipulates that code errors be communicated to NRC code developers as well as any nonproprietary improvements or modifications made to the code, including a summary of the impact on representative code calculation *
Makes all users requesting computer codes identify their country of citizenship to determine eligibility (U.S. citizens and U.S. permanent residents are automatically eligible).
2. Agency Use of Information
The NRC will use the information collected to: Verify that code users meet all statutory and regulatory requirement Improve the code Maintain code integrit. Reduction of Burden Through Information Technology
The NRC has issued Guidance for Electronic Submissions to the NRC, which provides direction for the electronic transmission and submittal of documents to the NR Electronic transmission and submittal of documents can be accomplished via the following avenues: the Electronic Information Exchange process; which is available from the NRCs Electronic Submittals Web page, by Optical Storage Media (e.g. CD-ROM, DVD), by facsimile, or by e-mai Code users have the option of submitting code errors via e-mail to a resource inbox or through a Bugzilla tracking system, which is operated by Sandia National Laboratories on behalf of the NR It is estimated that, approximately 100 percent of the responses are filed electronicall. Effort to Identify Duplication and Use Similar Information
No sources of similar information are available. There is no duplication of requirement. Effort to Reduce Small Business Burden
No small businesses are affected by the information collection requirement. Consequences to Federal Program or Policy Activities if the Collection Is Not Conducted or Is Conducted Less Frequently
The information collection enables the NRC to ensure that proper procedures and agreements are in place to guide the distribution and use of these codes according to NRC and U.S Government policies and international agreements such as import-export restrictions and intellectual property right If the information were not collected, the requestor will not receive access to the code(s); this help avoid the NRC to lose control of who has access to the code. Circumstances Which Justify Variation from OMB Guidelines
There are no variations from OMB guideline The following are the circumstances and justifications that applies to the information collection:
- Information is collected more often than quarterly: the participants submit a non-disclosure agreement whenever they decide to request access to NRCs code(s). Once the NDA is approved and the code is distributed to the participant, NRC expects that further information be submitted as required by the NDA including notification of code errors, modifications to the code, and updating of user informatio *
Proprietary trade secrets or similar confidential information are required: nuclear power plants and engineering corporations are sensitive about sharing their plant and component design information. This information provided to the NRC and included in codes will be treated as proprietary information to the information provider. Consultations Outside the NRC
Opportunity for public comment on the information collection requirements for this clearance package was published in the Federal Registe. Payment or Gift to Respondents
Not Applicabl. Confidentiality of Information
Confidential and proprietary information is protected in accordance with the NRC regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b).
The information being collected under this clearance includes Personally Identifiable Information. This information is necessary to ensure the proper identification of the individual providing the information. The NRCs Privacy Officer reviewed the information collection and determined that it does not need to be included in a System of Records Notic. Justification for Sensitive Questions
Not Applicabl. Estimated Burden and Burden Hour Cost
The total estimated cost for the information collection is 962 hours0.0111 days <br />0.267 hours <br />0.00159 weeks <br />3.66041e-4 months <br /> annually, based on the following assumptions:
The NRC staff estimates that the NRC will receive approximately 962 NDAs annually from the following entities:
Licensees/NPPs (Foreign and domestic):
109 Universities (Foreign and domestic):
246
Corporations (Foreign and domestic):
123 Members of the public (Foreign and domestic): 58 Technical support organizations (Foreign):
134
A total of 670 NDAs is expected to be submitted annuall Each NDA is estimated to take 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> to complete and submi The participating code users are expected to incur the following annual additional burdens, if applicable:
- Submissions of code errors: 39 per year, estimated time is 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> per submitta *
Submissions of code improvements or modifications 36 per year, estimated time is 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> per submitta *
Updating list of code users: 217 per year, estimated time is 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> per submitta Summary of burden and cost for the information collection of NDAs for code distribution
Respondents Responses per Respondent Responses Burden per Response Total Burden Cost@
$288/hr Submission of NDAs 670
670
670
$192,960 Submission of Code Errors
1
1
$11,232 Submission of Code Improvements or Modifications
1
1
$10,368 Submission of Updated List of Code Users 217
217
217
$62,496 TOTAL
962
962
$277,056 The $288 hourly rate used in the burden estimates is based on the Nuclear Regulatory Commissions fee for hourly rates as noted in 10 CFR 170.20 Average cost per professional staff-hou For more information on the basis of this rate, see the Revision of Fee Schedules; Fee Recovery for Fiscal Year 2021 (86 FR 32146, June 16, 2021).
13. Estimate of Other Additional Costs
There are no additional cost. Estimated Annualized Cost to the Federal Government
The staff has developed estimates of annualized costs to the Federal Government related to the conduct of this collection of information. These estimates are based on staff experience and subject matter expertise and include the burden needed to review, analyze, and process the collected information by staff and supporting contractor NRC staff are the ones receiving and reviewing NDAs to determine who has access and requests contractors to release the codes to user The NRC solicited the services of maintaining the database of providing technical support with the average annual cost of
$290,908.80 (962 reports x 1.05hrs x $288).
15. Reasons for Change in Burden or Cost
This renewal of the collection of NDA information increases the overall annual burden to 962 hours0.0111 days <br />0.267 hours <br />0.00159 weeks <br />3.66041e-4 months <br /> for code user This is an increase of 332 hours0.00384 days <br />0.0922 hours <br />5.489418e-4 weeks <br />1.26326e-4 months <br /> over the current clearance and is primarily due to the increased use of the codes from universities, members of the public, and other technical support organization The NRC anticipates increases in the number of NDAs submitted and the number of submissions to update the lists of code user These increases are partially offset by an expected decrease in the number of code error report The information collected on the NDAs will be used by the NRC to verify that code users meet all statutory and regulatory requirements for access to the codes. Information submitted voluntarily about code errors and modifications will be used to improve the codes and maintain code integrit There was also an increase in hourly fee rate described in item #12 above from $275 per hour to $288 per hou. Publication for Statistical Use
Not applicabl. Reason for Not Displaying the Expiration Date
The expiration date will be displaye. Exceptions to the Certification Statement
Non B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS Not applicable.