ML21022A153
| ML21022A153 | |
| Person / Time | |
|---|---|
| Issue date: | 03/08/2021 |
| From: | Clay Johnson NRC/OCFO |
| To: | Holtzman B Nuclear Energy Institute |
| CYL2 | |
| References | |
| Download: ML21022A153 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Benjamin Holtzman Senior Project Manager Fuel and Radiation Safety Nuclear Energy Institute 1201 F Street, NW, Suite 1100 Washington, DC 20004
SUBJECT:
RESPONSE TO FEE EXEMPTION REQUEST FOR REVIEW AND DISCUSSION OF EPRI TECHNICAL REPORT 3002018457 AS BACKGROUND FOR FUTURE GUIDANCE DEVELOPMENT RELATED TO FUEL FRAGMENTATION RELOCATION AND DISPERSAL ISSUES
Dear Mr. Holtzman:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated January 12, 2021 (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML21012A134) requesting a fee exemption under Title 10 of the Code of Federal Regulations (10 CFR) 170.11(a)(1)(ii) to cover activities associated with reviewing and providing feedback on background document Electric Power Research Institute (EPRI) Technical Report 3002018457, Alternative Licensing Approaches for Higher Burnup Fuel.
The NRC has established regulations for the granting of fee exemptions under 10 CFR 170.11, Exemptions. An interested person may apply for an exemption under 10 CFR 170.11 in accordance with 10 CFR 170.5, Communications. The 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.
The NRC staff reviewed the fee exemption request and finds that an exemption is not warranted under 10 CFR 170.11(a). Fee exemptions under 10 CFR 170.11(a) are granted for documents submitted to the NRC where the NRC can determine that at least one of the criteria stated in 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.
March 8, 2021
that regulation is met. In this case, the request does not satisfy the specified criteria and therefore, I am denying your request to grant the Nuclear Energy Institute (NEI) a fee exemption to cover activities associated with reviewing and providing feedback on the background document EPRI Technical Report 3002018457.
Your letter states the fee exemption being requested is in accordance with 10 CFR 170.11(a)(1)(ii), which is for special projects the NRC uses to assist in generic regulatory improvements or efforts (e.g., rules, regulatory guides, regulations, policy statements, generic letters, or bulletins). At this time, however, the NRC does not have specific plans to develop regulatory guidance or other generic regulatory improvements or efforts due to the industrys current state of technical and licensing activities for higher burnup fuel. Therefore, the basis for an exemption under 10 CFR 170.11(a)(1)(ii) does not currently exist. Additionally, the NRC staff is aware that fuel vendors are developing their own approach(es) to licensing higher burnup fuel and they may or may not use the approach detailed in this EPRI report.
There is mutual interest in the possible development of regulatory guidance or other generic regulatory improvements for the licensing of higher burnup fuel when the state of technical and licensing activities are more advanced, which may include a unified licensing approach proposed by industry. Given the current state of activities, the NRC staff did not make any recommendation or representation of an approved fee exemption for future direct engagements.
In response to NEIs inquiry about the possibility of a fee exemption for NRCs review of EPRI Technical Report 3002018457, the NRC staff indicated any fee exemption request that NEI may decide to submit would be processed in the usual manner in accordance with 10 CFR 170.11.
Both NEI or EPRI are welcome to submit the report under the topical report process for NRCs review and comment. If submitting the report is not desired at this time, alternative methods, such as a public meeting or workshop, can be used to discuss this report with NRC staff.
Alternatively, the report can be submitted to the NRC as unsolicited information, where the NRC may or may not take action on the document, depending on if it highlights a safety issue.
If you have any technical questions regarding this matter, please contact Mr. Michael Orenak at 301-415-3229. Please contact Ms. Jo Jacobs, of my staff, at 301-415-8388, for any fee-related questions.
Sincerely, Cherish K. Johnson Chief Financial Officer Cherish K.
Johnson Digitally signed by Cherish K. Johnson Date: 2021.03.08 09:25:12 -05'00'
ML21006A160 (Package); ML21012A134 (Incoming Letter);
ML21022A153 (Response Letter)
OFFICE OCFO/DOB/LFPT OCFO/DOB/LFPT NRR/DORL/LLPB/PM NRR/DORL/LA NRR/DSS/SFNB/BC NAME JJacobs WBlaney MOrenak DHarrison RLukes DATE 01/22/2021 01/22/2021 01/22/2021 1/22/2021 01/28/2021 OFFICE NRR/DORL/LLPB/BC NRR/DORL/DD(A)
NRR/DSS/D NRR/D OGC NAME DMorey PMcKenna JDonoghue AVeil GKim*NLO DATE 01/28/2021 02/02/2021 02/01/2021 02/09/2021 02/25/2021 OFFICE OCFO/DOC/LAFBB OCFO/DOC/LAFBB OCFO/DOB/LFPT OCFO/DOB OCFO/DOB NAME JGibbs-Nicholson MBlair ARossi FMiller JShay DATE 02/26/2021 03/01/2021 03/01/2021 03/02/2021 03/04/2021 OFFICE D/CFO CFO NAME BFicks CKJohnson DATE 03/05/2021 03/08/2021