ML14099A020
| ML14099A020 | |
| Person / Time | |
|---|---|
| Issue date: | 05/07/2014 |
| From: | Dyer J NRC/OCFO |
| To: | Earls C Nuclear Energy Institute |
| Balkin A | |
| References | |
| Download: ML14099A020 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, DC 20555-0001 May 7, 2014 CHIEF FINANCIAL OFFICER Mr. Christopher E. Earls Nuclear Energy Institute 1201 F Street, NW, Suite 1100 Washington, DC 20004
Dear Mr. Earls:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your March 10, 2014, letter requesting a fee waiver under Title 10 of the Code of Federal Regulations (10 CFR) 170.11(a)(1)(iii) for the Transmittal of Technical Updates to Electric Power Research Institute (EPRI) Motor Operated Valve (MOV) Performance Prediction Methodology (PPM)
Software Versions 3.4 and 3.5 (Technical Updates).
The NRC has established regulations for granting fee exemptions under 10 CFR 170.11, Exemptions, for which licensees may apply in accordance with 10 CFR 170.5, Communications. The NRC has reviewed your request based on the following regulations:
10 CFR 170.11(a)(1)(iii), and 10 CFR 170.5:
10 CFR 170.11 (a) No application fees, license fees, renewal fee, inspection fees, or special project fees shall be required for: (1) A special project that is a request/report submitted to the NRC-(iii) As a means of exchanging information between industry organizations and the NRC. To receive this fee exemption; o
(A) The report should be submitted for the specific purpose of supporting ongoing NRC generic regulatory improvements or efforts (e.g., rules, regulations, regulatory guides, and policy statements), and the agency, at the time the document is submitted, plans to use it for that purpose. The exemption applies even if ultimately the NRC does not use the document as planned.
Your March 10, 2014, letter articulates that the Technical Updates were transmitted to facilitate the preparation of the fifth supplement to the NRC safety evaluation on EPRI MOV PPM Topical Report (TR-103237 Revision 1, March 1996). TR-103237 allows licensees to demonstrate the design-basis capability of valves when valve-specific design-basis test data are not available. As TR-103237 assists the NRC in the regulation of MOVs, it is a regulatory effort.
Furthermore, the Technical Updates will then improve the regulation of MOVs by assisting with the supplement to TR-103237. As a result, the NRC believes that the Technical Updates support ongoing NRC generic regulatory improvement efforts; therefore, the Technical Updates satisfy this criterion.
NEI o
(B) The NRC must be the primary beneficiary of the NRCs review and approval of these documents. This exemption does not apply to a topical report submitted for the purpose of obtaining NRC approval for future use of the report by the industry to address licensing or safety issues, even though the NRC may realize some benefits from its review and approval of the document.
The industry will directly benefit from the Technical Updates as they will be used to upgrade the existing MOV PPM software. As a result, the industry will be better able to test MOV design pressure and flows. While the Technical Updates will directly benefit the industry, they were not created at the request of the NRC, nor will the NRC directly benefit from their use. The NRC concludes that the primary beneficiary of the Technical Updates is the industry; therefore, the Technical Updates do not satisfy this criterion.
o (C) The fee exemption is requested in writing to the Chief Financial Officer in accordance with 10 CFR 170.5, and the Chief Financial Officer grants this request in writing.
Nuclear Energy Institute (NEIs) fee exemption request was submitted in writing; therefore, this criterion is satisfied.
The NRC concludes that NEIs transmission of the Technical Updates does not meet all criteria under 10 CFR 170.11(a)(1)(iii)(B); therefore, the fee waiver request is denied. If you have any technical questions regarding this matter, please contact Mr. Joseph Holonich, at 301-415-7297.
Please contact Mr. Alexander Balkin, of my staff, at 301-415-5835 for any fee-related questions.
Sincerely,
/RA/
J. E. Dyer Chief Financial Officer
NEI o
(B) The NRC must be the primary beneficiary of the NRCs review and approval of these documents. This exemption does not apply to a topical report submitted for the purpose of obtaining NRC approval for future use of the report by the industry to address licensing or safety issues, even though the NRC may realize some benefits from its review and approval of the document.
The industry will directly benefit from the Technical Updates as they will be used to upgrade the existing MOV PPM software. As a result, the industry will be better able to test MOV design pressure and flows. While the Technical Updates will directly benefit the industry, they were not created at the request of the NRC, nor will the NRC directly benefit from their use. The NRC concludes that the primary beneficiary of the Technical Updates is the industry; therefore, the Technical Updates do not satisfy this criterion.
o (C) The fee exemption is requested in writing to the Chief Financial Officer in accordance with 10 CFR 170.5, and the Chief Financial Officer grants this request in writing.
NEIs fee exemption request was submitted in writing; therefore, this criterion is satisfied.
The NRC concludes that NEIs transmission of the Technical Updates does not meet all criteria under 10 CFR 170.11(a)(1)(iii)(B); therefore, the fee waiver request is denied. If you have any technical questions regarding this matter, please contact Mr. Joseph Holonich, at 301-415-7297.
Please contact Mr. Alexander Balkin, of my staff, at 301-415-5835 for any fee-related questions.
Sincerely,
/RA/
J. E. Dyer Chief Financial Officer DISTRIBUTION:
DPB R/F Joseph Holonich Adams: Yes No Initials: AB SUNSI Review: AB Publicly Available Non-Publicly Available Sensitive Non-Sensitive ADAMS Accession No: ML14099A020
- via e-mail CFO-0009 OFFICE OCFO/DPB/ICPB OCFO/DPB/ICPB NRR/DPR/D OCFO/DPB OCFO/DPB NAME ABalkin/lmv1 DHolley LKokajko RAllwein TGrancorvitz DATE 04/07/14 04/09/14 04/09/14 04/09/14 04/09/14 OFFICE DCFO CFO NAME MCMuessle JEDyer DATE 04/11/14 05/07/14 OFFICAL RECORD COPY