ML22153A278
| ML22153A278 | |
| Person / Time | |
|---|---|
| Site: | Nuclear Energy Institute |
| Issue date: | 06/02/2022 |
| From: | Mogavero R Nuclear Energy Institute |
| To: | Clay Johnson NRC/OCFO |
| CYL2 | |
| Shared Package | |
| ML22159A292 | List: |
| References | |
| Download: ML22153A278 (2) | |
Text
RICHARD MOGAVERO Sr. Project Mgr.,
Nuclear Security & Incident Preparedness 1201 F Street, NW, Suite 1100 Washington, DC 20004 P: 202.739.8082 rxm@nei.org nei.org June 2, 2022 Ms. Cherish K. Johnson Chief Financial Officer U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
Subject:
Fee Exemption Request for Endorsement of NEI 15-09, Cyber Security Event Notifications, Revision 1, dated May 2022.
Project Number: 689
Dear Ms. Johnson:
The Nuclear Energy Institute (NEI)1, on behalf of its members, submitted NEI 15-09, Cyber Security Event Notifications, Revision 1, Dated May 2022 for NRC review and endorsement.
On November 2, 2015, the NRC issued cyber security event notification requirements [80 Federal Register 67264]. These requirements are codified in Title 10 of the Code of Federal Regulations (CFR), Part 73, Section 73.77. The cyber security requirements in 10 CFR 73.54 were also amended to require reporting in accordance with 10 CFR 73.77. At that time, NEI developed NEI 15-09, Cyber Security Event Notifications, Revision 0, dated February 2016, to support consistent implementation of the new reporting requirements and to streamline the process for making reportability determinations. NEI 15-09 was submitted for review, and the NRC found the document acceptable for use2.
As an industry generic standard, the NRC staff has reviewed and endorsed the initial revision of NEI 15-09 without requiring a review fee and the document is publicly available for use by all U.S. power reactor facilities, including non-NEI members.
Subsequent to the issuance of NEI 15-09, Revision 0, NRC approved changes to other cyber security program guidance. For example, NRC reviewed and found acceptable for use, four white papers related to Emergency Preparedness3, Balance of Plant4, Safety-Related/Important-to-Safety5, and Security digital 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 ML16063A062 (https://www.nrc.gov/docs/ML1606/ML16063A062.pdf) 3 ADAMS Accession No. ML20129J981
Ms. Cherish K. Johnson June 2, 2022 Page 2 assets6,7. Revision 1 to NEI 15-09 includes conforming changes consistent with guidance provided in the white papers8.
NEI requests that the NRC review and endorse NEI 15-09, Revision 1, dated May 2022, by July 31, 2022.
The NRC has an established regulation governing fee exemptions as stated in 10 CFR 170.11, "Exemptions."
In accordance with 10 CFR 170.11. Specifically, our fee exemption request is based on the following regulations, 10 CFR 170.11(a)(1)(ii) and 10 CFR 170.11(a)(13) which state, 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). Endorsement of this guidance will promote a consistent approach to NRC reporting for power reactor facilities.
NEI is requesting that the NRCs review and endorsement of this document, be granted a fee waiver pursuant to 10 CFR 170.11(a)(1)(ii).
Please contact me with any questions regarding this request.
Sincerely, Rich Mogavero c: Michele Sampson, NRC/DPCP Duane White, NRC/NSIR Brian Yip NRC/NSIR NRC Document Control Desk 4 ADAMS Accession No. ML20209A442 5 ADAMS Accession No. ML20223A256 6 ADAMS Accession No. ML21140A140 7 ADAMS Accession No ML19331A021 8 Adams Accession No. ML21319A352 (NEI 10-04 / NEI 13-10 incorporation of approved NEI white papers)