ML17241A180
| ML17241A180 | |
| Person / Time | |
|---|---|
| Site: | 07201004 |
| Issue date: | 09/22/2017 |
| From: | Maureen Wylie NRC/OCFO |
| To: | Bondre J TN Americas LLC |
| Blaney W | |
| References | |
| Download: ML17241A180 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 22, 2017 Mr. Jayant Bondre Chief Technical Officer TN Americas LLC 7135 Minstrel Way, Ste. 300 Columbia, MD 21045
Dear Mr. Bondre:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated August 3, 2017, requesting a fee waiver under Title 10 of the Code of Federal Regulations (10 CFR) 170.11(a)(1)(ii) and 170.11(a)(12) for NRC review and approval of Application for Amendment 16 to Standardized NUHOMS Certificate of Compliance (CoC) No.
1004 for Spent Fuel Storage Casks, Revision 0 (Docket No. 72-1004) that is being invoiced to the TN Americas, LLC (TN).
The NRC has established regulations for the granting of fee exemptions under 10 CFR 170.11, Exemptions, for which licensees may apply in accordance with 10 CFR 170.5, Communications. The NRC staff has reviewed your request based on the following regulations, 10 CFR 170.11(a)(1)(ii), 10 CFR 170.11(a)(12), and 10 CFR 170.11(a)(13):
10 CFR 170.11(a) No application fees, license fees, renewal fees, inspection fees, or special project fees shall be required for: (1) A special project that is a request/report submitted to the NRC (ii) When the NRC, at the time the request/report is submitted, plans to use the information in response to an NRC request from the Office Director level or above to resolve an identified safety, safeguards, or environmental issue, or to assist the NRC in generic regulatory improvements or efforts (e.g., rules, regulatory guides, regulations, policy statements, generic letters, or bulletins).
10 CFR 170.11(a)(12) No application fees, license fees, renewal fees, inspection fees, or special project fees shall be required for: (12) A performance assessment or evaluation for which the licensee volunteers at the NRC's request and which is selected by the NRC.
10 CFR 170.11(a)(13) All fee exemption requests must be submitted in writing to the Chief Financial Officer in accordance with § 170.5,1 and the Chief Financial Officer will grant or deny such requests in writing.
1 10 CFR 170.5 provides that All communications concerning the regulations in this part should be addressed to the NRC's Chief Financial Officer, either by mail to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM.
J. Bondre 2
In your letter you state that exemption from fees is warranted per the requirements of 10 CFR 170.11(a)(1)(ii) since this action relates to assisting the NRC in generic regulatory improvements or efforts. You further state that exemption from fees is warranted per the requirements of 10 CFR 170.11(a)(12) since TN volunteered to have the evaluation of this proposed amendment at the NRC's request.
Regarding the criteria in 10 CFR 170.11(a)(1)(ii) for the fee waiver, the NRC staff considered the historical background of the graded approach effort. The amendment request for which the fee waiver is requested is being used to assist the NRC in a generic regulatory effort, which is the graded approach to Certificate of Compliance (CoC) format and content. This effort stems from the approval by the NRC Executive Director for Operations of PRM 72-7, Issue 1, Add a New Rule for Certificate of Compliance (CoC) Format and Content. Therefore, the NRC staff determines that the criteria in 10 CFR 170.11(a)(1)(ii) for the fee waiver are met regarding application and license fees.
Regarding the criteria in 10 CFR 170.11(a)(12) for the fee waiver, the NRC staff considered the origin of the amendment under consideration. TN Americas, LLC, in conjunction with the Nuclear Energy Institute, volunteered the use of an amendment to Certificate of Compliance No. 1004 as a pilot program for the graded approach to Certificate of Compliance (CoC) format and content, as evidenced by the presentations and meeting summary of an August 8, 2016 public meeting (ML16236A103). Therefore, the NRC staff determines that the criteria in 10 CFR 170.11(a)(12) for the fee waiver are met.
Additionally, the fee exemption request for NRC review and approval of Application for Amendment 16 to Standardized NUHOMS Certificate of Compliance (CoC) No. 1004 for Spent Fuel Storage Casks, Revision 0 was submitted in writing by TN Americas, LLC; therefore the TN Americas, LLC request meets the requirements of 10 CFR 170.11(a)(13).
The NRC staff concludes that the review and approval of Application for Amendment 16 to Standardized NUHOMS Certificate of Compliance (CoC) No. 1004 for Spent Fuel Storage Casks, Revision 0 fulfills the criteria required by 10 CFR 170.11(a)(1)(ii), 10 CFR 170.11(a)(12), and 10 CFR 170.11(a)(13); therefore, the fee waiver request is approved. If you have any technical questions regarding this matter, please contact Mr. John Vera at (301) 415-5790. Please contact Ms. Ruthanne Murray, of my staff, at (301) 415-1215 for any fee-related questions.
Sincerely,
/RA/
Maureen E. Wylie Chief Financial Officer
ML17241A180 (memo) ML17265A017 (package) *via email OFFICE OCFO/DPB NMSS/DSFM OGC OCFO/DOC OCFO/DPB NAME RMurray MLayton CMcCann MBlair MKaplan DATE 09/19/17 09/05/17 09/18/17 09/19/17 09/20/17 OFFICE OCFO/DPB DPB DCFO CFO NAME RAllwein BFicks MCMuessle MEWylie DATE 09/21/17 09/21/17 09/22/17 09/22/17