ML17338A074

DG-1291 Public Comment Response

ML17338A074
Person / Time
Issue date:	04/30/2018
From:	Office of Nuclear Regulatory Research
To:
Burton S
Shared Package
ML17338A055	List: ML17338A072 ML17338A074
References
DG-1291 RG 1.234, Rev. 0
Download: ML17338A074 (2)

Text

NRC Staff Responses to Public Comments on DG-1291:

EVALUATING DEVIATIONS AND REPORTING DEFECTS AND NONCOMPLIANCE UNDER 10 CFR PART 21 Federal Register 82 FR 36457 (August 4, 2017)

I. INTRODUCTION This document presents the NRCs responses to written public comments received on Draft Guide (DG)-1291, Evaluating Deviations and Reporting Defects and Noncompliance Under 10 CFR Part 21 (ADAMS Accession No. ML16165A294), in response to a separate Federal Register entry (82 FR 36457, August 4, 2017).

II. OVERVIEW OF COMMENTERS AND COMMENTS The staff received 1 comment submission and a total of 2 individual comments. Table 1 presents information on the comments submitted on DG-1291.

Table 1.

Name Affiliation ADAMS Accession No. Identifier Amanda Spaulding Westinghouse- ML17284A175 Westinghouse Comment 1: DG-1291 includes several references to licensees and applicants throughout the document; for example, on the top of pages 3 and 6. Westinghouse suggests that such references should be expanded to include dedicating entities and suppliers, to cover the full range of Part 21 applicability. Footnote 2 also defines terms applicants and licensees without reference to broader categories of entities subject to 10 CFR Part 21 and 10 CFR 50.55e.

NRC Response: The NRC evaluated this comment and no changes were made to the guidance as a result of this comment. The applicability statement and background sections of DG-1291 addresses the inclusion of dedicating entities and suppliers. In addition, the DG also discusses times when a licensee and applicant may be the purchaser and supplier.

Comment 2: Section C, Staff Regulatory Guidance of DG-1291 states the following (definition of DCR added for clarification in this letter): For the purposes of interactions between DCR (design certification rule) applicants and combined operator license (COL) holders, the DCR applicant is considered to be the supplier and the COL holder the purchaser while using the guidance of NEI 14-09. Design certification would normally precede COL issuance; therefore, Westinghouse suggests that the cited sentence should be revised as follows: For the purposes of interactions between DCR applicants and operator license (COL) applicants and holders, the DCR applicant is considered the supplier and the COL applicant or holder is the purchaser while using the guidance of NEI 14-09.

NRC Response: The NRC evaluated this comment and changes were made to Section C of the guidance as a result of this comment.

2 Change in the Guidance: Section C, Paragraph 2, Page 5 For the purposes of interactions between DCR applicants and operator license (COL) applicants and holders, the DCR applicant is considered the supplier and the COL applicant or holder is the purchaser while using the guidance of NEI 14-09.