ML21236A086
| ML21236A086 | |
| Person / Time | |
|---|---|
| Site: | Nuclear Energy Institute |
| Issue date: | 08/23/2021 |
| From: | Lane H Nuclear Energy Institute |
| To: | Clay Johnson NRC/OCFO |
| smh | |
| Shared Package | |
| ML21236A059 | List: |
| References | |
| NEI 21-06 | |
| Download: ML21236A086 (2) | |
Text
HILARY LANE Director, Fuel and Radiation Safety 1201 F Street NW, Suite 1100 Washington, DC 20004 P: 202.341.7951 hml@nei.org nei.org August 23, 2021 Ms. Cherish K. Johnson Chief Financial Officer U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
Subject:
Fee Exemption Request for Review and Endorsement of NEI 21-06, Guidelines for 10 CFR 50.59 Implementation at Non-Power Production or Utilization Facilities Project Number: 689
Dear Ms. Johnson:
On August 23, 2021 NEI1 submitted NEI 21-06, Guidelines for 10 CFR 50.59 Implementation at Non-Power Production or Utilization Facilities, to NRC staff for review and endorsement. This document was developed with assistance from the National Organization of Test, Research, and Training Reactors, and other non-power production or utilization facility (NPUF)2 licensees. NEI 21-06 was developed to provide guidance for the implementation of 10 CFR 50.59 at NPUFs. For consistency, efficiency, and ease of review, it is modeled after NEI 96-07, Revision 1, Guidelines for 10 CFR 50.59 Implementation, which was issued in 2000 and endorsed by the NRC.
NEI believes that there is mutual interest in reviewing NEI 21-06 for NRC endorsement and that a fee exemption under 10 CFR 170.11(a) is appropriate. We are therefore submitting this letter to request a fee exemption to cover all activities involved in the review and endorsement of NEI 21-06.
This document will be primarily utilized by licensees that are considered class 104 licensees, under the Atomic Energy Act of 1954, as amended, which dictates provisions for a minimum amount of regulation.
Section 104c states, The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to 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.
2 NPUFs collectively refer to non-power reactors and certain other production or utilization facilities that are licensed under 10 CFR 50.21, Class 104 licensees; for medical therapy and research and development facilities, paragraphs (a) and (c) or 10 CFR 50.22, Class 103 licenses; for commercial and industrial facilities. NPUFs do not include nuclear power reactors or production facilities as defined under paragraphs (1) and (2) of the definition of production facility in 10 CFR 50.2, Definitions.
Ms. Cherish K. Johnson August 23, 2021 Page 2 promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development.
NEI requests a fee exemption for the review and endorsement of NEI 21-06 based on two provisions within 10 CFR 170.11(a):
- 1) With regards to NPUFs specifically, 10 CFR 170.11(a)(9) states that no application fees, license fees, renewal fees, inspection fees, or special project fees shall be required for federally-owned and State-owned research reactors used primarily for educational training and academic research purposes and;
- 2) 10 CFR 170.11(a)(1)(ii), which states that no fees shall be required for special projects that are requests or reports submitted to the NRC [w]hen 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).
We believe NEI 21-06 meets both of these conditions as the work to complete this document was at the direction of the Commission. Early agreements to initiate this work in partnership with the Office of Nuclear Reactor Regulation (NRR) began in 2019. Through a series of public meetings from 2020-2021, NRC staff and licensees worked together to arrive at the final version, which, if approved, will be formally endorsed in an NRC Regulatory Guide.
Please contact me should you have any questions.
Sincerely, Hilary Lane c:
Mo Shams, NRR Brian Smith, NRR Josh Borromeo, NRR Patrick Boyle, NRR NRC Document Control Desk