ML023520151

Resolution of ESP-2a, Pre-Application Interactions

ML023520151
Person / Time
Site:	Nuclear Energy Institute
Issue date:	01/10/2003
From:	Lyons J NRC/NRR/NRLPO
To:	Simard R Nuclear Energy Institute
Jenkins R, NRR/NRLPO 415-2985
References
Download: ML023520151 (9)

Text

January 10, 2003 Mr. Ronald L. Simard Nuclear Energy Institute (NEI) 1776 I Street, NW, Suite 400 Washington, DC 20006-3708

SUBJECT:

RESOLUTION OF ESP TOPIC (ESP-2a), PRE-APPLICATION INTERACTIONS

Dear Mr. Simard:

The purpose of this letter is to confirm our understanding and expectations regarding the various pre-application interactions desired for the effective preparation and subsequent staff review of an early site permit (ESP) application. This topic, which is identified as ESP-2a on the current list of Nuclear Energy Institute (NEI) generic ESP issues, had its sub-topics discussed during public meetings on April 24, May 28, June 13 and July 16, 2002, (Meeting Summaries -

ADAMS Accession Nos. ML0211500151, ML021720702, ML021840410 and ML022420052 respectively). Subsequently, NEI documented its position on this topic in a letter dated November 26, 2002. We confirm the understanding and expectations cited in your letter as described below.

Sub-topic ESP-2a.1: Nature of pre-application interactions

1. NEI states that substantial pre-submittal interactions with NRC will be important to address significant gaps in guidance for preparing ESP applications and to simplify follow-on NRC reviews. The NRC staff acknowledges that the interactions to date, which parallel past pre-application interactions with construction permit applicants, have been beneficial in communicating existing regulatory guidance to the ESP applicants and in identifying potential problems which could lead to inefficiency and unnecessary delays during the ESP review process.

2. NEI expects a significant number of the ESP-related issues will be common to all three lead ESP applicants. Thus, the lead ESP applicants are collectively addressing these generic issues with the NRC primarily through NEI-led interactions with the ESP Task Force (ESPTF). The NRC identified a range of pre-application applicant-to-staff voluntary activities and offered to undertake them in order to improve the efficiency and effectiveness of the ESP review process. These applicant-specific interactions, such as site visits, will take place as agreed to by the applicant and the NRC.

3. Dealing with generic issues via the ESPTF is consistent with the license renewal experience, the need to use resources effectively and the goal that ESP applications maximize use of common information and approaches. In addition, this approach along with any applicant-specific pre-application activities provides a mechanism for meaningful interactions in the absence of a defined regulatory relationship prior to a formal submittal or to the filing of an ESP application. The NRC staff notes that NRC Inspection Manual Chapter 2501, Nuclear Reactor Inspection Program - Early Site Permit, issued in October 2002 provides regulatory guidance for staff pre-application activities.

R. Simard 4. The NRCs February 22, 2002, letter to NEI states that, [I]n general, the NRCs enforcement policy would not apply prior to the submission of an ESP application. Indeed, as stated by the NRC staff representative during the public meeting held on June 13, 2002,

[A]ll pre-application activities except for the Local Public Meeting are voluntary and depend on the availability of staff resources and the consent of the applicant. As noted by the staff discussions with NEI during public meetings in 2001, the need for voluntary early interactions between the NRC staff and prospective ESP applicants prior to the filing of the ESP application has been viewed not as a compliance issue but as a good business practice. The ESP Pre-application Public Meeting to be conducted by the NRC staff is consistent with the agencys strategic goal to improve public confidence in NRC regulatory processes.

While not required, the value of pre-application interactions is clear, and the prospective ESP applicants, through NEI, have initiated a discussion on a range of generic ESP topics.

NEI contends that, in addition to facilitating the three Department of Energy pilot ESP projects and yielding guidance for follow-on ESP applicants, they expect that these interactions will support the staffs efforts to develop ESP inspection guidance, proceduralize its activities to promote consistent ESP reviews and otherwise prepare for first-ever ESP applications. NEI expects that ESP review guidance and procedures developed by the staff will reflect the voluntary nature of most pre-application interactions.

The NRC staff agrees that all pre-application activities with the NEI ESPTF or any ESP applicant are voluntary in nature.

5. NRC staff feedback generated by pre-application assessment of applicant-specific information is expected to be documented and transmitted to the ESP applicant. The NRC staff will document all ESP applicant-specific correspondence under a project file which will be accessible to all stakeholders. ESP applicants may address this feedback as appropriate in the ESP application. To the extent the applicant and the NRC reach agreement in writing as determined by the NRC pre-application review, it is expected that, absent significant new information, the NRC will find that specific aspect of the ESP application to be acceptable during its review. Overall, the NRC staff pre-application activities follow, as applicable, the successful model of prior pre-construction permit staff-to-applicant interactions.

Sub-topic ESP-2a.2: NRC review fee structure for ESP applications

1. NEI states that interactions with the NRC related to generic ESP topics, such as those addressed herein, are for the purpose of exchanging information and supporting the NRCs regulatory improvements and efforts. Specifically, NEI notes that these interactions and reviews support the NRCs development of generic guidance and regulations related to the implementation of first-of-a-kind requirements in Part 52 governing ESP applications and reviews. NEI contends that because these activities provide insights of value to the NRC in furtherance of its generic regulatory efforts and objectives for Part 52, they qualify for a fee exemption pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 170.11(a)(1)(iii)

(A). Under NRC procedures, any NRC effort related to generic activities is not subject to Part 170 fees.

R. Simard 2. Applicant-specific activities, including local public meetings, are fee recoverable under 10 CFR 170.21. However, the three lead ESP applicants, Exelon, Entergy and Dominion, plan to seek exemption from NRC review fees under Section 170.11(b)(1) on the basis that ESP activities are in the public interest inasmuch as they further the Commissions objectives for Part 52; provide a demonstration of the untested Part 52 ESP process; assist in NRC development of ESP application, review and inspection guidance; and generally further the NRCs generic regulatory improvement efforts. NEI contends that ESP applicant requests for exemption from NRC review fees are consistent with fee waivers granted by the NRC for lead license renewal applicants.

As explained by the NRC staff during the public meeting held on July 16, 2002, as provided under 10 CFR 170.5, fee exemption requests should be made to the NRCs Chief Financial Officer.

Sub-topic ESP-2a.3: Local public meetings by NRC

1. The NRC staff will hold public information meetings in the vicinity of the announced ESP sites in advance of the filing of the subject ESP application. The purpose of these meetings is to provide an opportunity for the public living near the identified sites to gain a full understanding of the ESP process within Part 52 and to highlight opportunities for the public to participate in the process.

2. At the May 28, 2002, public meeting, the NRC staff said it would work with ESP applicants and other stakeholders on the structure and timing of such meetings to facilitate appropriate coordination with ongoing communication plans. The NRC staff held the first of these meetings in the vicinity of the Grand Gulf site in November 2002. The NRC staff has indicated the intent to begin planning for this activity up to 1 year in advance of an ESP application. The actual timing of the subject meetings will depend upon available staff resources, local conditions and public communications needs as assessed by the staff.

Please contact Ronaldo Jenkins, the ESP Senior Project Manager at 301-415-2985 if you have any questions on this matter.

Sincerely,

/RA/

James E. Lyons, Director New Reactor Licensing Project Office Office of Nuclear Reactor Regulation Project No. 689

Attachment:

As stated cc w/encl: See next page

R. Simard 2. Applicant-specific activities, including local public meetings, are fee recoverable under Section 170.21. However, the three lead ESP applicants, Exelon, Entergy and Dominion, plan to seek exemption from NRC review fees under Section 170.11(b)(1) on the basis that ESP activities are in the public interest inasmuch as they further the Commissions objectives for Part 52; provide a demonstration of the untested Part 52 ESP process; assist in NRC development of ESP application, review and inspection guidance; and generally further the NRCs generic regulatory improvement efforts. NEI contends that ESP applicant requests for exemption from NRC review fees are consistent with fee waivers granted by the NRC for lead license renewal applicants. As explained by the NRC staff during the public meeting held on July 16, 2002, fee waiver rules have changed since the time fee waivers were granted by the NRC for license renewal applicants and as provided under Section 170.5, fee exemption requests should be made to the NRCs Chief Financial Officer.

Sub-topic ESP-2a.3: Local public meetings by NRC

1. The NRC staff will hold public information meetings in the vicinity of the announced ESP sites in advance of the filing of the subject ESP application. The purpose of these meetings is to provide an opportunity for the public living near the identified sites to gain a full understanding of the ESP process within Part 52 and to highlight opportunities for the public to participate in the process.

2. At the May 28, 2002, public meeting, the NRC staff said it would work with ESP applicants and other stakeholders on the structure and timing of such meetings to facilitate appropriate coordination with ongoing communication plans. The NRC staff held the first of these meetings in the vicinity of the Grand Gulf site in November 2002. The NRC staff has indicated the intent to begin planning for this activity up to 1 year in advance of an ESP application. The actual timing of the subject meetings will depend upon available staff resources, local conditions and public communications needs as assessed by the staff.

Please contact Ronaldo Jenkins, the ESP Senior Project Manager at 301-415-2985 if you have any questions on this matter.

Sincerely,

/RA/

James E. Lyons, Director New Reactor Licensing Project Office Office of Nuclear Reactor Regulation Project No. 689

Attachment:

As stated cc w/encl: See next page Accession #ML023520151 OFC PM: NRLPO CFO DD:NRLPO D:NRLPO NAME RJenkins EPoteat MGamberoni JLyons DATE 12/20/02 12/20/02 12/20/02 12/20/02 OFFICIAL RECORD COPY

Distribution for Letter to R. Simard dated January 10, 2003 Hard Copy NRLPO Rdg.

RJenkins MGamberoni JLyons E-mail PUBLIC ACRS/ACNW RidsNrrOD (SCollins/JJohnson)

RidsNrrAdip (RBorchardt)

JLyons/MGamberoni RidsNrrAdpt (BSheron)

RidsOgcRp NRLPO Group

ESP-Generic cc:

Mr. David Lochbaum Union of Concerned Scientists 1707 H Street, NW Suite 600 Washington, DC 20006-3919 Mr. Paul Gunter Director of the Reactor Watchdog Project Nuclear Information & Resource Service 1424 16th Street, NW, Suite 404 Washington, DC 20036 Mr. Ron Simard Nuclear Energy Institute Suite 400 1776 I Street, NW Washington, DC 20006-3708 Mr. Russell Bell Nuclear Energy Institute Suite 400 1776 I Street, NW Washington, DC 20006-3708 Mr. Thomas P. Miller U.S. Department of Energy Headquarters - Germantown 19901 Germantown Road Germantown, MD 20874-1290 Mr. James Riccio Greenpeace 702 H Street, NW, Suite 300 Washington, DC 20001 Rod Krich Vice President, Licensing Projects Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555 Patricia Campbell Winston & Strawn 1400 L Street, NW Washington, DC 20005 Mr. Eddie Grant Exelon Generation 200 Exelon Way, KSA3-E Kennett Square, PA 19348 Mr. James F. Mallay, Director Regulatory Affairs FRAMATOME, ANP 3315 Old Forest Road Lynchburg, VA 24501 Mr. Ernie H. Kennedy Vice President New Plants Nuclear Plant Projects Westinghouse Electric Company 2000 Day Hill Road Windsor, CT 06095-0500 Dr. Regis A. Matzie Senior Vice President and Chief Technology Officer Westinghouse Electric Company 2000 Day Hill Road Windsor, CT 06095-0500 Mr. Gary Wright, Manager Office of Nuclear Facility Safety Illinois Department of Nuclear Safety 1035 Outer Park Drive Springfield, IL 62704 Mr. Vince Langman Licensing Manager Atomic Energy of Canada Limited 2251 Speakman Drive Mississauga, Ontario Canada L5K 1B2 Mr. David Ritter Research Associate on Nuclear Energy Public Citizens Critical Mass Energy and Environmental Program 215 Pennsylvania Avenue, SE Washington, DC 20003 Mr. Tom Clements 6703 Guide Avenue Takoma Park, MD 20912

Mr. Edwin Lyman Nuclear Control Institute 1000 Connecticut Avenue, NW Suite 410 Washington, DC 20036 Mr. Jack W. Roe SCIENTECH, INC.

910 Clopper Road Gaithersburg, MD 20878 Dr. Gail H. Marcus U.S. Department of Energy Room 5A-143 1000 Independence Ave., SW Washington, DC 20585 Ms. Marilyn Kray Vice President, Special Projects Exelon Generation 200 Exelon Way, KSA3-E Kennett Square, PA 19348 Mr. Joseph D. Hegner Lead Engineer - Licensing Dominion Generation Early Site Permitting Project 5000 Dominion Boulevard Glen Allen, VA 23060 Mr. George Alan Zinke Project Manager Nuclear Business Development Entergy Nuclear M-ECH-683 1340 Echelon Parkway Jackson, MS 39213 Mr. Charles Brinkman Westinghouse Electric Co.

Washington Operations 12300 Twinbrook Pkwy., Suite 330 Rockville, MD 20852 Mr. Ralph Beedle Senior Vice President and Chief Nuclear Officer Nuclear Energy Institute Suite 400 1776 I Street, NW Washington, DC 20006-3708 Dr. Glenn R. George PA Consulting Group 130 Potter Street Haddonfield, NJ 08033 Arthur R. Woods Enercon Services, Inc.

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