ML19178A331

Comment (01) of Michael D. Tschiltz on Behalf of Nuclear Energy Institute (NEI) on PRM-171-1 - Petition of Southern Nuclear to Revise Part 171 - Nuclear Power Plant Licensee Fees Upon Commencing Commercial Operation

ML19178A331
Person / Time
Site:	Nuclear Energy Institute
Issue date:	06/27/2019
From:	Tschiltz M Nuclear Energy Institute
To:
References
84FR26774, NRC-2019-0084, Part 171, PRM-171-1
Download: ML19178A331 (4)

Text

PRM-171-1 1 84 FR 26774 From: TSCHILTZ, Michael To: RulemakingComments Resource; Vietti-Cook, Annette Cc: Brown, Frederick; Holahan, Trish; Wylie, Maureen; GRP. Generation & Suppliers Internal Distribution List

Subject:

[External_Sender] Vogtle Electric Generating Plant Units 3 and 4 Petition to Amend 10 CFR 171 .15, "Reactor Licenses and Independent Spent Fuel Storage Licenses (PRM-171-1, Docket ID NRC-2019 0084)

Date: Thursday, June 27, 2019 11:12:47 AM Attachments: 06-27-19_Southern Petition PRM-171-1 NEI Letter.pdf June 27, 2019 Ms. Annette Vietti-Cook Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 ATTN: Rulemakings and Adjudications Staff

Subject:

Vogtle Electric Generating Plant Units 3 and 4 Petition to Amend 10 CFR 171 .15, "Reactor Licenses and Independent Spent Fuel Storage Licenses (PRM-171-1, Docket ID NRC-2019 0084)

Project Number: 689

Dear Ms. Vietti-Cook:

The purpose of this letter is to express the Nuclear Energy Institutes (NEI) support for the subject petition for rulemaking by Michael D. Meier submitted on behalf of Southern Nuclear Operating Company, dated February 28, 2019. The petition requested that the Nuclear Regulatory Commission (NRC) revise its regulations related to the start of assessment of annual fees for certain nuclear power plants to align with commencement of their commercial operation.

More specifically, the petition requested that the NRC revise the timing of when annual license fees for holders of a combined license under 10 CFR part 52, Licenses, certifications, and approvals for nuclear power plants, commence, to coincide with a licensee's commercial operation, rather than upon a 10 CFR 52.103(g) finding.

NEI agrees with the petitioner that licensees should not be subject to the annual fee required under § 171.15, Annual fees: Reactor licenses and independent spent fuel storage licenses, until the nuclear power plant receives financial benefit from commercial operation beyond minimal amounts of revenue derived from test energy. NEI also supports the rationale for the rule change provided in the petition ..that a startup period of time is required, after the licensee receives NRC's authorization to operate, to complete the remaining tasks necessary to operate the power reactor commercially and that at the time of a 10 CFR 52.103(g) finding, the power reactor has not yet been loaded with fuel, undergone startup testing, power ascension, commissioning, or other actions necessary to reliably generate energy for the production of revenue. The subject rulemaking is needed to better align the annual fees of power reactor licensees with the receipt of benefits based on the benefits of receiving the NRC's authorization to operate and is consistent with NRC's policy underlying its annual fee assessments to power reactors.

NEI very much appreciates the opportunity to comment in support of this petition.

Sincerely, Michael D. Tschiltz Senior Director, New Reactors Nuclear Energy Institute 1201 F St NW, Suite 1100 Washington, DC 20004 www.nei.org P: 202.739.8083 M: 202.471.0277 E: mdt@nei.org This electronic message transmission contains information from the Nuclear Energy Institute, Inc. The information is intended solely for the use of the addressee and its use by any other person is not authorized. If you are not the intended recipient, you have received this communication in error, and any review, use, disclosure, copying or distribution of the contents of this communication is strictly prohibited. If you have received this electronic transmission in error, please notify the sender immediately by telephone or by electronic mail and permanently delete the original message. IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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MICHAEL D. TSCHILTZ Senior Director, New Reactors 1201 F Street, NW, Suite 1100 Washington, DC 20004 P: 202.739.8083 mdt@nei.org nei.org June 27, 2019 Ms. Annette Vietti-Cook Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 ATTN: Rulemakings and Adjudications Staff

Subject:

Vogtle Electric Generating Plant Units 3 and 4 Petition to Amend 10 CFR 171 .15, "Reactor Licenses and Independent Spent Fuel Storage Licenses (PRM-171-1, Docket ID NRC-2019 0084)

Project Number: 689

Dear Ms. Vietti-Cook:

The purpose of this letter is to express the Nuclear Energy Institutes (NEI) 1 support for the subject petition for rulemaking by Michael D. Meier submitted on behalf of Southern Nuclear Operating Company, dated February 28, 2019. The petition requested that the Nuclear Regulatory Commission (NRC) revise its regulations related to the start of assessment of annual fees for certain nuclear power plants to align with commencement of their commercial operation. More specifically, the petition requested that the NRC revise the timing of when annual license fees for holders of a combined license under 10 CFR part 52, Licenses, certifications, and approvals for nuclear power plants, commence, to coincide with a licensee's commercial operation, rather than upon a 10 CFR 52.103(g) finding.

NEI agrees with the petitioner that licensees should not be subject to the annual fee required under

§ 171.15, Annual fees: Reactor licenses and independent spent fuel storage licenses, until the nuclear power plant receives financial benefit from commercial operation beyond minimal amounts of revenue derived from test energy. NEI also supports the rationale for the rule change provided in the petition

..that a startup period of time is required, after the licensee receives NRC's authorization to operate, 1

The Nuclear Energy Institute (NEI) is responsible for establishing unified policy on behalf of its members relating to matters affecting the nuclear energy industry, including the regulatory aspects of generic operational and technical issues. NEIs members include entities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect and engineering firms, fuel cycle facilities, nuclear materials licensees, and other organizations involved in the nuclear energy industry.

Ms. Vietti-Cook June 27, 2019 Page 2 to complete the remaining tasks necessary to operate the power reactor commercially and that at the time of a 10 CFR 52.103(g) finding, the power reactor has not yet been loaded with fuel, undergone startup testing, power ascension, commissioning, or other actions necessary to reliably generate energy for the production of revenue. The subject rulemaking is needed to better align the annual fees of power reactor licensees with the receipt of benefits based on the benefits of receiving the NRC's authorization to operate 2 and is consistent with NRC's policy underlying its annual fee assessments to power reactors.

NEI very much appreciates the opportunity to comment in support of this petition.

Sincerely, Michael D. Tschiltz c: Mr. Fred Brown, NRO, NRC Dr. Patricia Holahan, NMSS, Division of Rulemaking Ms. Maureen Wylie, OCFO NRC Document Control Desk 2

72 FR 31410 (June 6, 2007)