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Category:Letter
MONTHYEARML24023A0392024-01-22022 January 2024
NEI Comments on the Information Collection Renewal for Domestic Licensing of Special Nuclear Material, Docket Id NRC-2023-0118
ML23355A1972023-12-14014 December 2023
NEI, Comments on NRC Draft Resolution of SFAQ 2022-02, SAE Program Requirements
ML23219A1672023-10-25025 October 2023
Response Letter to Fee Exemption Request for Pre-Submittal Activities, Review, and Endorsement of NEI 20-07
ML23270B9002023-09-27027 September 2023
NEI Letter Request for an Extension of Comment Period on Proposed Revision to Standard Review Plan Section 15.0, Introduction - Transient and Accident Analyses, Docket Id NRC 2023 0079
ML23268A0102023-09-22022 September 2023
NEI, Fee Exemption Request for Endorsement, Review and Meeting to Discuss Draft Nuclear Energy Institute Technical Report NEI 23-01, Operator Cold License Training Plan for Advanced Nuclear Reactors
ML23241A8612023-08-25025 August 2023
Consolidated Industry Comments to NRC Regulatory Issue Summary 2023-02, Scheduling Information for the Licensing of Accident Tolerant, Increased Enrichment, and Higher Burnup Fuels
ML23236A4992023-08-24024 August 2023
Industry Feedback on Region II Fuel Cycle Facility Construction Oversight Workshop Held August 15, 2023, and Suggested Topics for Additional Public Meetings in Fall 2023
ML23256A1622023-08-0101 August 2023
Incoming NEI Letter Dated August 1, 2023 Regarding Increase in Fees 2023-2025
ML23206A0292023-07-24024 July 2023
Incoming Fee Exemption Request for Pre-Submittal Activities, Review, and Endorsement of NEI 20-07
ML23143A1232023-06-22022 June 2023
NRC Fee Waiver Request for Draft NEI 23-01
ML23200A1662023-05-30030 May 2023
NEI Proposed Metrics for a Performance-Based Emergency Preparedness Program
ML23116A0732023-05-25025 May 2023
Letter to Hillary Lane in Response to a Request for a Fee Exemption for NEI 23-03
ML23135A7332023-05-0909 May 2023
NEI Comments on NRC Safety Culture Program Effectiveness Review
ML23110A6752023-04-18018 April 2023
04-18-23_NRC_Fee Waiver for NEI 23-03
ML23110A6782023-04-18018 April 2023
Request for Review and Endorsement of NEI 23-03, Supplemental Guidance for Application of 10 CFR 50.59 to Digital Modifications at Non-Power Production or Utilization Facilities
ML23110A6762023-04-18018 April 2023
04-18-23_NRC_NEI 23-03 Review + Endorse
ML23107A2302023-03-31031 March 2023
NEI Letter, to Andrea Veil, NRC, Regarding Industry Recommendations for a 10 CFR 50.46a/c Combined Rulemaking
ML23138A1662023-03-24024 March 2023
Transmittal of NEI 22-05 Revision a, Technology Inclusive Risk Informed Change Evaluation (Tirice) Guidance for the Evaluation of Changes to Facilities Utilizing NEI 18-04 and NEI 21-07
ML23083B4622023-03-24024 March 2023
Transmittal of NEI 22-05 Revision a, Technology Inclusive Risk Informed Change Evaluation (Tirice) Guidance for the Evaluation of Changes to Facilities Utilizing NEI 18-04 and NEI 21-07
ML23060A3272023-03-0101 March 2023
NEI, Wireless Cyber Security Guidance
ML23060A2142023-03-0101 March 2023
NEI, Request for NRC Endorsement of NEI White Paper, Enabling a Remote Response by Members of an Emergency Response Organization, Revision 0
ML23023A2752023-01-23023 January 2023
Request for Extension of Comment Period from the Nuclear Energy Institute on PRM-50-124 - Licensing Safety Analysis for Loss-of-Coolant Accidents
ML22348A1122023-01-17017 January 2023
Letter to Richard Mogavero Response to Fee Exemption NEI 08-09 Revision 7
ML22353A6082023-01-11011 January 2023
U.S. Nuclear Regulatory Commission Report of the Regulatory Audit of the NEI-Proposed Aging Management Program Revision to Selective Leaching Program (XI.M33)
ML22349A1012022-12-12012 December 2022
LTR-22-0343 Ellen Ginsberg, Sr. Vice President, General Counsel and Secretary, Nuclear Energy Institute, Expresses Concerns Related to Issuance of Regulatory Issue Summary 2022-02; Operational Leakage
ML22336A0372022-11-16016 November 2022
Fee Exemption Request for NEI 08-09 Revision 7 - Changes to NEI 08-09 Cyber Security Plan for Nuclear Power Reactors
ML22321A3152022-11-16016 November 2022
NEI Letter with Comments on Significance Determination Process Timeliness Review
ML22298A2262022-10-25025 October 2022
Endorsement of NEI 15-09, Cyber Security Event Notifications, Revision 1, Dated October 2022
ML22298A2302022-10-17017 October 2022
Submittal of NEI 22-03, Draft Revision 0, Nuclear Generation Quality Assurance Program Description
ML22207B6512022-07-26026 July 2022
NEI, Full Fee Exemption Request for Industry Guidance Proposal - Weather Related Administrative Controls During Transient Outdoor Dry Cask Operations
ML22195A1662022-07-14014 July 2022
NEI, Draft G of NEI 99-01, Development of Emergency Action Levels for Non-Passive Reactors, Revision 7
ML22195A0202022-07-13013 July 2022
07-13-22 NRC Fee Exemption Request for NEI 21-05 Review
ML22195A0672022-07-13013 July 2022
Fee Exemption Request for Review and Meeting to Discuss Draft Nuclear Energy Institute Technical Report NEI 21-05, Reporting Guidance for Licensees with Risk-Informed Licensing Bases
ML22159A2772022-06-28028 June 2022
Response Letter to Richard Mogavero for Fee Exemption for the Nuclear Regulatory Commission Review Ad Endorsement of NEI 15-09, Revision 1
ML22153A2782022-06-0202 June 2022
Nie, Fee Exemption Request for Endorsement of NEI 15-09, Cyber Security Event Notifications, Revision 1, Dated May 2022
ML22154A2962022-06-0202 June 2022
LTR from R. Mogavero to M. Sampson Dated Jun 2 2022 Endorsement of NEI 15-09 Cyber Security Event Notifications Rev 1 Dated May 2022
ML22152A2712022-06-0101 June 2022
Digital Instrumentation and Control Common Cause Failure Policy Considerations, Revision 1
ML22143A9362022-05-20020 May 2022
May 13, 2022, Public Meeting on Draft Regulatory Issue Summary Operational Leakage, 87 Fed. Reg. 2361 (Jan. 14, 2022) (Docket Id NRC-2021-0173)
ML22110A1752022-05-0303 May 2022
NRC Response to the Nuclear Energy Institute April 1, 2022, Letter, Regarding the Nrc'S CUI Implementation Plan
ML22109A2082022-04-0808 April 2022
April 8, 2022, NEI White Paper on Digital Instrumentation and Control Common Cause Policy Considerations Version 2.0
ML22110A1782022-04-0101 April 2022
April 1, 2022, Letter from NEI Regarding Nrc'S Controlled Unclassified Information Program Implementation
ML22048A5812022-02-16016 February 2022
NEI 22-02: Guidelines for Weather-Related Administrative Controls for Short Duration Outdoor Dry Cask Storage Operations
ML22019A2922022-01-12012 January 2022
NEI, Submittal of Proposed Revisions to Aging Management Programs XI.M33, Selective Leaching and XI.E3, Inaccessible Power Cables Not Subject to 10 CFR 50.49 Environmental Qualification Requirements
ML21343A2922021-12-0808 December 2021
NEI, Transmittal of NEI 21-07 Revision 0-B, Technology Inclusive Guidance for Non-Light Water Reactor Safety Analysis Report: for Applicants Utilizing NEI 18-04 Methodology
ML21337A3802021-12-0303 December 2021
NEI Technical Report NEI 17-06 - Guidance on Using Iec 61508 SIL Certification to Support the Acceptance of Commercial Grade Digital Equipment for Nuclear Safety Related Applications, Revision 1
ML21319A3522021-11-10010 November 2021
NRC NEI Fee Waiver Request Changes to NEI 10-04 and NEI 13-10, Dated November 10, 2021
ML21306A3652021-10-29029 October 2021
NEI Letter from D. Young to NRC S. Atack to Cease Work on Draft D of NEI 20-05, Methodological Approach and Considerations for a Technical Analysis to Demonstrate Compliance with the Eligibility Criteria of 10 CFR 73.55(a)(7)
ML21342A1682021-10-29029 October 2021
Letter from W. Gross to S. Atack, Endorsement of Nuclear Energy Institute 10-04, Identifying Systems and Assets Subject to the Cyber Security Rule, Revision 3, Dated October 29, 2021
ML21342A2032021-10-29029 October 2021
Letter from W. Gross to S. Atack, Endorsement of Nuclear Energy Institute 13-10, Cyber Security Control Assessments, Revision 7, Dated October 29, 2021
ML22081A2002021-10-29029 October 2021
NEI Backfitting Concerns with NRCs Developing Position on Protection of Dry Storage Systems from Natural Phenomena During Short Term Operations
2024-01-22
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Text
July 20, 2018 Ms. Victoria K. Anderson Technical Advisor, Risk and Technical Services 1201 F Street, NW, Suite 1100 Washington, DC 20004
SUBJECT:
INDUSTRY CONCERNS REGARDING RECENT INSPECTION EXPERIENCE RELATED TO THE SURVEILLANCE FREQUENCY CONTROL PROGRAM
Dear Ms. Anderson:
In a letter dated February 1, 2018,1 the Nuclear Energy Institute (NEI) expressed concerns regarding recent inspection experiences related to the surveillance frequency control program (SFCP). The letter referenced a non-cited violation of Title 10 of the Code of Federal Regulations (10 CFR) Section 50.59, Changes, tests, and experiments, issued on June 29, 2017, to Exelon Generation Company, LLC (Exelon) related to changes to surveillance frequencies under the SFCP at Byron Station, Unit Nos. 1 and 2.2 In particular, the letter expressed concerns regarding positions taken by the U.S. Nuclear Regulatory Commission (NRC) staff in a December 21, 2017, letter to Exelon upholding the violation.3
Background
The NRC has approved amendments for reactor licenses that relocated specific surveillance frequencies to a licensee-controlled program (i.e., the SFCP) and added the SFCP to the administrative controls section of technical specifications (TS). These amendments were based on NRC-approved Technical Specification Task Force (TSTF) traveler TSTF-425, Revision 3, Relocate Surveillance Frequencies to Licensee Control - RITSTF Initiative 5b. 4 The SFCP allows a licensee to change the frequency at which certain TS surveillance requirements are performed using the process in NEI 04-10, Risk-Informed Method for Control of Surveillance Frequencies, Revision 1.5 If a licensee determines that the change to the surveillance frequency is acceptable per the NEI 04-10 methodology, then the licensee must 1
Agencywide Documents Access and Management System (ADAMS) Accession No. ML18046A928.
2 The June 29, 2017, inspection report is available under ADAMS Accession No. ML17180A534. By letter dated July 31, 2017 (ADAMS Accession No. ML17212B154), Exelon contested the violation.
3 The December 21, 2017, letter is available under ADAMS Accession No. ML17355A561. By letter dated February 8, 2018 (ADAMS Accession No. ML18039A707), Exelon requested the NRC reconsider its decision to uphold the violation.
4 ADAMS Accession No. ML090850642.
5 ADAMS Accession No. ML071360456.
V. Anderson make appropriate changes to procedures, the updated final safety analysis report (UFSAR), and other documents in order to implement the revised surveillance frequency.
Discussion On March 20, 2018, the NRC staff held public meeting6 with NEI and other industry officials to discuss the concerns mentioned in the February 1, 2018, NEI letter. The primary industry concern was that it appeared the NRC staff did not consider the SFCP to be the dominant change control process for making changes to surveillance frequencies relocated to the SFCP.
The industry also expressed concerns regarding the applicability of commitments as they relate to the NEI 04-10 methodology.
Applicability of 10 CFR 50.59 Licensees are required by 10 CFR 50.71(e) to update their UFSAR to include the effects of approved license amendments. Following approval of an SFCP amendment, the licensee should describe the scope of the program within its UFSAR and how future changes to surveillance frequencies in the SFCP will be addressed. However, 10 CFR 50.59 is not applicable to a surveillance frequency changed in accordance with the SFCP, because this altered surveillance frequency is considered to have been previously approved as part of the license amendment authorizing the SFCP.
Regulatory Commitments The NRCs December 21, 2017, letter to Exelon incorrectly implied that a UFSAR statement that the facility complies with a specific industry code or standard is a regulatory commitment, and, therefore, must be addressed in Steps 1-3 of NEI 04-10 when changing surveillance frequencies under the SFCP. Steps 1-3 require the licensee to review regulatory commitments, which is defined in NEI 99-047 as an explicit statement to take a specific action agreed to, or volunteered by, a licensee and submitted in writing on the docket to the NRC.
Although the UFSAR or other licensing documents may state that a licensee complies with or commits to a particular industry code or standard, such statements typically do not meet the definition of a regulatory commitment in NEI 99-04.
Recommendations In its February 1, 2018, letter, NEI stated that NRC oversight of the SFCP has been effective with very little enforcement activity. During the March 20, 2018, meeting, NEI stated that changes to TSTF-425, NEI 04-10, 10 CFR 50.59 guidance, and regulatory commitment guidance are not needed. The NRC staff agrees that changes to these documents are not needed, but recommends that the steps in NEI 04-10 regarding commitments be clarified if NEI 04-10 is revised in the future.
The NRC staff is considering improvements to internal processes and procedures in response to the industrys concerns. The staff is also providing the following recommendation to industry to reduce the likelihood of confusion regarding future surveillance frequency changes.
6 Meeting summary is available under ADAMS Accession No. ML18099A071.
7 NEI 99-04, Guidelines for Managing NRC Commitment Change (ADAMS Accession No. ML003680088), is endorsed by the NRC.
V. Anderson Following issuance of an SFCP amendment, licensees must update their UFSAR to reflect the revised licensing and design basis. As part of this update, licensees could revise the applicable descriptions and references to surveillance frequencies in the UFSAR to indicate that they are controlled by the SFCP. If this is done when the SFCP amendment is implemented, rather than waiting until individual surveillance frequencies are changed, it will make clear that the UFSAR revision is a result of the amendment. This practice may be helpful when making surveillance frequency changes under the SFCP in the future.
If you have any questions, please contact Blake Purnell by telephone at 301-415-1380 or by e-mail to Blake.Purnell@nrc.gov.
Sincerely,
/RA/
Mark S. Miller, Acting Director Division of Inspection and Regional Support Office of Nuclear Reactor Regulation Project No. 689 cc: Mano Nazar President and Chief Nuclear Officer, Nuclear Division Florida Power & Light Company NextEra Energy Mail Stop: EX/JB 700 Universe Blvd.
Juno Beach, FL 33408 Mr. Keith Jury Vice President, Regulatory Assurance Entergy Services, Inc.
1340 Echelon Parkway M-ECH-62 Jackson, MS 39213
ML18122A298 *by email OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL3/LA NRR/DSS/STSB/BC NRR/DIRS/IRGB/BC NAME BPurnell SRohrer VCusumano* HChernoff (w/comments)
DATE 7/20/18 5/3/18 6/27/18 6/26/18 OFFICE OGC NRR/DSS/D NRR/DIRS/D NAME SKirkwood* NLO MGavrilas MMiller DATE 7/19/18 7/2/18 7/20/18