ML070670131
| ML070670131 | |
| Person / Time | |
|---|---|
| Issue date: | 03/06/2007 |
| From: | Funches J NRC/OCFO |
| To: | Heymer A Nuclear Energy Institute |
| References | |
| Download: ML070670131 (3) | |
Text
March 6, 2007 Mr. Adrian P. Heymer Senior Director, New Plant Deployment Nuclear Generation Division Nuclear Energy Institute 1776 I Street, NW, Suite 400 Washington, D.C. 20006-3708
Dear Mr. Heymer:
I am responding to your January 24, 2007, letter requesting a waiver under 10 CFR 170.11 of fees associated with the review of six technical reports. To date, the NRC has received the following three technical reports for staff review: Technical Report NEI 03-12, Appendices E, "Security Measures for New Reactor Plant Construction within a Current Licensed Owner Controlled Area," and F, "Security During Plant Construction; 06-14, "Template for a Quality Assurance Program Description"; and 06-13, "Template for an Industry Training Program Description." As noted in your letter, the NRC has not yet received the remaining three technical reports on Radiation Protection, Maintenance Rule, and Emergency Action Levels. I am denying your request for a fee waiver for the NRCs staff review of all six technical reports in accordance with the applicable provisions of 10 CFR 170.11, as explained below.
Your letter states that the industry is developing these sections of a COL application generically for use by all COL applicants. By your letters dated August 18, 2006, October 19, 2006, and October 30, 2006, you indicated that Nuclear Energy Institute (NEI) developed these technical reports for use by combined license (COL) applicants for the purpose of expediting NRC staff review and issuance of COLs. Since these reports are expected to be sections of COL applications, the NRCs review and approval of these reports will, therefore, primarily benefit COL applicants.
The NRC regulation 10 CFR 170.11(a)(1)(iii)(c) expressly denies waiver of fees for reports not submitted specifically for the purpose of supporting the NRCs generic regulatory improvements. In this case, the requestor is the primary beneficiary of the review and approval of such reports. Also, NRC regulation 10 CFR 170.11(a)(1)(iii)(D) states that an example of the type of document that does not meet the fee waiver criteria is a topical report submitted for the purpose of obtaining NRC approval so that the report can be used by the industry in the future to address licensing or safety issues.
A. Heymer The NEIs goal in submitting these six reports for NRC review is to allow the NEI members to use them in the future to address COL application requirements. As explained above, NEI members will be the primary beneficiaries of NRC review and approval of these technical reports. Therefore, under 10 CFR 170.11 these six reports do not qualify for a fee waiver.
Hence, I am denying a fee waiver for the NRCs review of these technical reports.
If you have any technical questions regarding this request, please contact Mr. Stephen R.
Monarque, at 301-415-1544. For fee-waiver related questions, please contact Ms. Renu Suri of my staff, at 301-415-0161.
Sincerely,
/RA/
Jesse L. Funches Chief Financial Officer
A. Heymer The NEIs goal in submitting these six reports for NRC review is to allow the NEI members to use them in the future to address COL application requirements. As explained above, NEI members will be the primary beneficiaries of NRC review and approval of these technical reports. Therefore, under 10 CFR 170.11 these six reports do not qualify for a fee waiver.
Hence, I am denying a fee waiver for the NRCs review of these technical reports.
If you have any technical questions regarding this request, please contact Mr. Stephen R.
Monarque, at 301-415-1544. For fee-waiver related questions, please contact Ms. Renu Suri of my staff, at 301-415-0161.
Sincerely,
/RA/
Jesse L. Funches Chief Financial Officer Distribution:
L. Tremper T. Croote OCFO\\DFM\\LFT RF OCFO\\DFM RF OCFO RF S. Crutchfield E. Poteat PSAB RF DFM-7-013 (closes) 2007-034 (closes)
- See previous concurrence
- Concurred by e-mail DOCUMENT NAME: C:\\FileNet\\ML070670131.wpd ADAMS Yes G No Initials _rs_ Publicly Available G Non-Publicly Available G Sensitive Non-Sensitive To receive a copy of this document, indicate in the box: C = Copy w/o att/enc E = Copy w/ att/enc N = No copy.
OFFICE OCFO/DFM E
NRO/DNRL/NWE1 C NRO/DNRL/NWE1 C
NSIR/RSB N
NRO/DNRL N
NAME RSuri*
SMonarque*
SCoffin**
SMorris**
DMatthews*
DATE 02/07 /07 02/13/07 02/15/07 02/08/07 02/22/07 OFFICE OGC N OCFO/DFM N OCFO/DFM N
DCFO N
CFO N
NAME TRothschild*
TGrancorvitz*
MGivvines*
PJRabideau*
JLFunches /RA/
DATE 02/20/07 02/23/07 02/23/07 02/27/07 03/06/07 SUNSI Review by: RSuri