ML19305A015
| ML19305A015 | |
| Person / Time | |
|---|---|
| Issue date: | 12/09/2019 |
| From: | Maureen Wylie NRC/OCFO |
| To: | Gross W Nuclear Energy Institute |
| William Blaney, 301-415-5092, OCFO/DOB | |
| Shared Package | |
| ML19305A014 | List: |
| References | |
| Download: ML19305A015 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 9, 2019 Mr. William R. Gross Director, Incident Preparedness Nuclear Energy Institute 1201 F Street NW, Suite 1100 Washington, DC 20004
Dear Mr. Gross:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated October 16, 2019 (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML19290D206), requesting a fee waiver under Title 10 of the Code of Federal Regulations (10 CFR) 170.11(a)(1)(ii) for NRC review of the Nuclear Energy Institute (NEI) 11-08, Guidance on Evaluating and Submitting Security Plan Changes, Revision 2, dated October 2019.
The NRC has established regulations granting fee exemptions under 10 CFR 170.11, Exemptions, which may be applied for in accordance with 10 CFR 170.5, Communications.
NRC staff 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.
In your letter you state that NEI, on behalf of its members, plans to submit NEI 11-08, Revision 2, for NRC review and endorsement, and that this document meets the exemption requirement in 10 CFR 170.11(a)(1)(ii), in that, in the area of security plan revisions, it will assist the NRC in generic improvements or efforts, as well as support increased regulatory efficiency of agency efforts in providing a consistent industry approach for the treatment of security plan changes.
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.
W. R. Gross As explained in your letter, Revision 2 of NEI 11-08 updates the previously endorsed Revision 0 and provides guidance for licensees to consider when making a determination relative to the appropriate licensing action under which change(s) to the security plans required under the provisions of 10 CFR Part 50, sections 50.34(c) and 50.34(d) can be made. You state that this guidance is intended to assist the licensee in determining the appropriate licensing action for a specific security plan change and the types of information that should be identified, reviewed and analyzed to support the determination or conclusion that the security plan change meets the provisions of 10 CFR 50.90 or 10 CFR 50.54(p) prior to submitting the security plan to the NRC.
NRC staff reviewed the fee waiver request and agrees with NEI that NRCs review and approval of NEI 11-08, Revision 2, dated October 2019, meets the criteria under 10 CFR 170.11(a)(1)(ii) as these changes will assist the NRC in generic regulatory improvements or efforts; therefore, the fee waiver request is approved. If accepted for use, the NRC will make NEI 11-08, Revision 2, dated October 2019, available to all applicable licensees. Any future revisions to NEI 11-08 should be submitted for fee waiver considerations under 10 CFR 170.11(a)(1)(ii).
If you have any technical questions regarding this matter, please contact Mr. Pete Lee at 301-287-3690. Please contact Mr. Billy Blaney, of my staff, at 301-415-5092 for any fee-related questions.
Sincerely,
/RA/
Maureen E. Wylie Chief Financial Officer
SUBJECT:
LETTER TO WILLIAM GROSS RESPONSE TO FEE WAIVER NEI 11-08 DATED: December 9, 2019 DISTRIBUTION:
DHuyck, NSIR ABowers, NSIR CPantalo, NSIR BHamilton, OCFO RidsNsirOd Resource ADAMS: Yes No Initials: JJ SUNSI Review: JJ Publicly Available Non-Publicly Available Sensitive Non-Sensitive ADAMS Accession No: ML19305A014 (pkg); ML19290D206 (incoming); ML19305A015 (letter) *via e-mail CFO-19-278 OFFICE OCFO/DOB/LFPT OCFO/DOB/LFPT NSIR/DPCP OGC NAME WBlaney JJacobs Shelton* GKim* NLO DATE 11/01/2019 10/31/2019 11/13/2019 11/29/2019 OFFICE OCFO/DOC/LAFBB OCFO/DOC/LAFBB OCFO/DOB/LFPT OCFO/DOB NAME JGibbs-Nicholson* MBlair*JGibbs-Nicholson for ARossi MSampson DATE 12/05/2019 12/05/2019 12/5/19 12/5/19 OFFICE OCFO/DOB DCFO CFO NAME JShay BFicks MEWylie DATE 12/9/19 12/9/19 12/9/19 OFFICIAL RECORD ONLY