ML110660043
| ML110660043 | |
| Person / Time | |
|---|---|
| Site: | Nuclear Energy Institute |
| Issue date: | 03/19/2011 |
| From: | Stuchell S Division of Policy and Rulemaking |
| To: | Jeffrey Riley Nuclear Energy Institute |
| Stuchell S, NRR/DPR,301-415-1847 | |
| References | |
| TAC ME5291, TR-09-10, Rev 1 | |
| Download: ML110660043 (3) | |
Text
March 19, 2011 Mr. James H. Riley, Principal Engineer Nuclear Generation Division Nuclear Energy Institute 1776 I Street, NW, Suite 400 Washington, DC 20006-3708
SUBJECT:
ACCEPTANCE FOR REVIEW OF NUCLEAR ENERGY INSTITUTE (NEI)
TOPICAL REPORT 09-10, REVISION 1, GUIDELINES FOR EFFECTIVE PREVENTION AND MANAGEMENT OF SYSTEM GAS ACCUMULATION (TAC NO. ME5291)
Dear Mr. Riley:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your December 21, 2010, letter (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML110240124) requesting the NRC review and comment on Topical Report (TR)
NEI 09-10, Revision 1. The subject TR was included as an attachment (ADAMS Accession No. ML110030918) to the letter and is dated December 2010.
Section 170.21 of Title 10 of the Code of Federal Regulations requires that TRs be subject to fees based on the full cost of the review. However, based on your April 5, 2010, request for a fee waiver (ADAMS Accession No. ML101050319), the NRCs Chief Financial Officer (CFO) responded on July 13, 2010 (ADAMS Accession No. ML101940483), and granted a fee exemption, with stipulation.
As noted in the CFOs letter, the NRC planned to have the Office of Nuclear Regulatory Research (RES) develop a Regulatory Guide for gas management as the endorsement vehicle for TR NEI 09-10, Revision 1. During the initial review of TR NEI 09-10, Revision 1, the NRC technical staff has determined and recommended that a more efficient process would be a review and the potential endorsement of the subject TR through a Safety Evaluation (SE). The Office of the CFO has concurred with this recommendation, and the fee exemption will continue to be allowed.
We have found that the material presented is sufficient to begin our comprehensive review, and the NRCs Office of Nuclear Reactor Regulation (NRR) accepts TR NEI 09-10, Revision 1 for review and consideration for acceptance and endorsement. In addition, it is the understanding of the NRCs staff that NEI intends to submit to the NRC an updated TR, TR NEI 09-10, Revision 1a, on or before August 26, 2011. The updated TR will include both administrative and technical changes, incorporating any requests for additional information (RAIs).
The NRC staff expects to issue any RAIs by July 29, 2011, with all responses to the RAIs received by August 26, 2011. The NRC staff plans to issue the draft SE for public comments by October 14, 2011. The public comment period is expected to last until November 18, 2011.
Following consideration of any public comments received during the comment period, the NRC staff expects to issue the final SE by January 6, 2012.
J. Riley 2 However, the schedule is based on current NRC plans and workload, the anticipation of only one set of RAIs being required to satisfy the questions of the NRC staff, and that TR NEI 09-10, Revision 1a does not affect the final review. If the staff requires more than two sets of RAIs, the NRC will reconsider the need to continue the review process. The NRC staff estimates that the review will require approximately 400 staff hours including project management time.
As with all topical reports, the SE will be reviewed by the NRCs Office of the General Counsel (OGC) for determination of any impact by the Congressional Review Act (CRA). This review by OGC ensures that any endorsement or acceptance of a TR by the NRC is considered with respect to being a rule according to the CRA. If this initial review by OGC determines the SE, with its accompanying TR, may be a rule, the NRC will forward the package to the Office of Management and Budget (OMB) for continued review and consideration. Any review by OMB would impact the schedule for the final issuance of the SE.
For future reference, fee exemptions should only be requested after a topical report has been submitted to the NRC for initial review.
If you have any questions regarding this matter, I may be reached at 301-415-1847 or Sheldon.Stuchell@nrc.gov.
Sincerely,
/RA/
Sheldon D. Stuchell, Senior Project Manager Licensing Processes Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Project No. 689 cc: See next page
J. Riley 2 However, the schedule is based on current NRC plans and workload, the anticipation of only one set of RAIs being required to satisfy the questions of the NRC staff, and that TR NEI 09-10, Revision 1a does not affect the final review. If the staff requires more than two sets of RAIs, the NRC will reconsider the need to continue the review process. The NRC staff estimates that the review will require approximately 400 staff hours including project management time.
As with all topical reports, the SE will be reviewed by the NRCs Office of the General Counsel (OGC) for determination of any impact by the Congressional Review Act (CRA). This review by OGC ensures that any endorsement or acceptance of a TR by the NRC is considered with respect to being a rule according to the CRA. If this initial review by OGC determines the SE, with its accompanying TR, may be a rule, the NRC will forward the package to the Office of Management and Budget (OMB) for continued review and consideration. Any review by OMB would impact the schedule for the final issuance of the SE.
For future reference, fee exemptions should only be requested after a topical report has been submitted to the NRC for initial review.
If you have any questions regarding this matter, I may be reached at 301-415-1847 or Sheldon.Stuchell@nrc.gov.
Sincerely,
/RA/
Sheldon D. Stuchell, Senior Project Manager Licensing Processes Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Project No. 689 cc: See next page DISTRIBUTION:
PUBLIC PLPB Reading File RidsNrrDpr RidsNrrDprPlpb RidsNrrLADBaxley RidsNrrDssSnpb AUlses, NRR SStuchell, NRR JJolicoeur, NRR WLyon, NRR TBoyce, RES RidsOgcMailCenterResource RidsAcrsAcnwMail J. Gall, NRR/DORL R. Suri, OCFO/DOC W. Blaney, OCFO/DOC OCFO/RF OCFO/DOC/RF RidsResDe R.Erickson, OCFO ADAMS ACCESSION NO.: ML110660043 TAC - ME5291 OFFICE PLPB/PM PLPB/LA SNPB/BC RES/DE/BC PLPB/BC NAME SStuchell DBaxley AUlses TBoyce JJolicoeur 3/14/11 3/17/11 3/19/11 DATE 03/04/11 3/10/11 OFFICIAL RECORD COPY