ML18283A117
| ML18283A117 | |
| Person / Time | |
|---|---|
| Issue date: | 11/20/2018 |
| From: | Maureen Wylie NRC/OCFO |
| To: | Richter M Nuclear Energy Institute |
| kjd1 | |
| References | |
| Download: ML18283A117 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 20, 2018 Mark A. Richter, PH.D Senior Project Manager Nuclear Energy Institute 1201 F Street NW, Suite 1100 Washington, DC 20004
Dear Dr. Richter:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated October 1, 2018, requesting a fee waiver under Title 10 of the Code of Federal Regulations (10 CFR) 170.11(a)(1)(iii) for NRC review of International Standard Organization (ISO)/International Electrotechnical Commission (IEC) 17025, "General Requirements for the Competence of Testing and Calibration Laboratories"; dated November 30, 2017.
Initially, I note that the exemption provisions under 10 CFR 170.11 were revised by the fiscal year 2016 Fee Rule rulemaking. Specifically, the NRC removed paragraph (a)(1)(iii), which is the regulation you cited as the basis for requesting a fee waiver. This change was effective August 23, 2016. Therefore, the NRC staff has reviewed your request based on the following regulations-10 CFR 170.11(a)(1)(ii) 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)(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.
In a letter dated February 9, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML14322A535), the NRC concluded that Nuclear Energy Institute (NEI)14-05A, Guidelines for the Use of Accreditation in Lieu of Commercial Grade Surveys for Procurement of Laboratory Calibration and Test Services, provides an acceptable approach for licensees and suppliers to use the laboratory accreditation by accrediting bodies (ABs) that are signatories to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement (MRA) (hereafter referred to as the ILAC accreditation process). This is in lieu of performing commercial-grade surveys as part of the commercial-grade dedication process for procurement of calibration and testing services performed by domestic and international laboratories accredited by signatories to the ILAC MRA.
The use of the ILAC accreditation process by licensees and suppliers subject to the quality assurance (QA) requirements of Appendix B, Quality Assurance Criteria for Nuclear Power Plants and Fuel Reprocessing Plants, to 10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities, is contingent upon meeting the conditions listed in NEI 14-05A.
One of these conditions is that the laboratory must be accredited to the 2005 Revision of ISO/IEC 17025, General Requirements for the Competence of Testing and Calibration Laboratories.
On November 30, 2017, ISO published a new version of ISO/IEC 17025. Subsequently, ISO designated a three year transition period for laboratories to update their accreditation programs to ISO/IEC 17025:2017 by November 30, 2020. To ensure a successful transition, domestic and international ABs have begun the process of accrediting laboratories to ISO/IEC 17025:2017.
Formal recognition by the NRC of ISO/IEC 17025:2017 during the transition period will ensure that licensees and suppliers can continue to meet the QA requirements of Appendix B to 10 CFR Part 50 when purchasing commercial-grade calibration and testing services from domestic and international calibration and testing laboratories accredited by an ILAC MRA signatory.
The NRC staff concludes the review of ISO/IEC 17025:2017 would provide a generic regulatory improvement and meets all criteria under 10 CFR 170.11(a)(1)(ii); therefore, the fee waiver request is approved.
If you have any technical questions regarding this matter, please contact Mr. Yamir Diaz-Castillo at 301-415-2228. Please contact Mr. William Blaney, of my staff, at 301-415-5092 for any fee-related questions.
Sincerely,
/RA/
Maureen E. Wylie Chief Financial Officer
- via e-mail CFO-0009 OFFICE OCFO/DPB/LFPT NRO/DCIP OGC OCFO/DOC/ARB OCFO/DOC/ARB NAME WBlaney WJones*
JSuttenberg*
MBlair CFredricks DATE 10/10/18 10/10/18 11/07/18 11/08/18 11/08/18 OFFICE OCFO/DPB/LFPT OCFO/DPB DPB DCFO CFO NAME MKaplan RAllwein SMCoffin BFicks MEWylie DATE 11/14/18 11/16/18 11/19/18 11/ /18 11/20 /18