ML22159A277

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Response Letter to Richard Mogavero for Fee Exemption for the Nuclear Regulatory Commission Review Ad Endorsement of NEI 15-09, Revision 1
ML22159A277
Person / Time
Site: Nuclear Energy Institute
Issue date: 06/28/2022
From: Clay Johnson
NRC/OCFO
To: Mogavero R
Nuclear Energy Institute
Blaney B - 301-415-5092
Shared Package
ML22159A292 List:
References
Download: ML22159A277 (3)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 28, 2022 Richard Mogavero Senior Project Manager Nuclear Energy Institute 1201 F Street NW, Suite 1100 Washington, DC 20004

SUBJECT:

RESPONSE LETTER TO RICHARD MOGAVERO FOR FEE EXEMPTION FOR THE NUCLEAR REGULATORY COMMISSION REVIEW AND ENDORSEMENT OF NEI 15-09, REVISION 1

Dear Richard Mogavero:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated June 2, 2022 (Agencywide Documents Access and Management System (ADAMS)

Accession No. ML22153A278), requesting a fee exemption under Title 10 of the Code of Federal Regulations (10 CFR), Section 170.11(a)(1)(ii) for NRC review and endorsement of the Nuclear Energy Institute (NEI) 15-09, Cyber Security Event Notifications, Revision 1, (NEI 15-09, Rev 1), which was submitted to the NRC on June 2, 2022 (ML22154A296).

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.1 The NRC staff reviewed your request based on the regulations in 10 CFR 170.11(a)(1)(ii) and 10 CFR 170.11(a)(13).

Section 170.11(a)(1)(ii) states:

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).

and section 170.11(a)(13) states:

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, and the Chief Financial 1 10 CFR 170.5 provides that All communications concerning the regulations in this part should be addressed to the NRCs Chief Financial Officer, either by mail to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRCs offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM.

R. Mogavero Officer will grant or deny such requests in writing.

Your letter states that NEI developed NEI 15-09, Cyber Security Event Notifications, Revision 0, dated February 2016, to support consistent implementation of 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 use. 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 NEI white papers related to emergency preparedness (ML20129J981), balance of plant (ML20209A442), safety-related/important-to-safety (ML20223A256), and security digital assets (ML21140A140). Your letter indicates that NEI 15-09, Revision 1, contains conforming changes consistent with the guidance in these white papers.

The NRC staff finds that review of NEI 15-09, Revision 1, meets the criteria under 10 CFR 170.11(a)(1)(ii) because the NRC staff plans to use the information to assist in generic regulatory improvements or efforts. If endorsed by the NRC, the NRC will make NEI 15-09, Revision 1, available to all licensees, and licensees may use the guidance to implement the requirements to report cybersecurity events in accordance with 10 CFR 73.77, Cyber security event notifications. Therefore, the fee exemption request is approved.

If you have any technical questions regarding this matter, please contact Brian Yip at 301-415-3154. Please contact William Blaney, of my staff, at 301-415-5092 for any fee-related questions.

Sincerely, Signed by Johnson,Cherish on 06/28/22 Cherish K. Johnson Chief Financial Officer

SUBJECT:

RESPONSE LETTER TO RICHARD MOGAVERO FOR FEE EXEMPTION FOR THE NUCLEAR REGULATORY COMMISSION REVIEW AND ENDORSEMENT OF NEI 15-09, REVISION 1, DATED: JUNE 28, 2022 DISTRIBUTION:

NAridi, OCFO BYip, NSIR JBeardsley, NSIR CPantalo, NSIR RidsNSIROd Resource ADAMS Accession Number: ML22159A292 (Package); ML22153A278 (Incoming Letter);

ML22159A277 (Response Letter)

OFFICE OCFO/DOB OCFO/DOB NSIR/DPCP NSIR/DPCP NAME WBlaney JJacobs DWhite MSampson (JBeardsley for)

DATE 06/08/2022 06/08/2022 06/08/2022 06/09/22 OFFICE OGC OCFO/DOC OCFO/DOC OCFO/DOB NAME EAndersonNLO MHerrera MBlair ACRossi (MHerrera for) (JJacobs for)

DATE 06/24/2022 06/09/2022 06/14/2022 06/24/2022 OFFICE OCFO/DOB OCFO/DOB CFO CFO NAME RCAllwein JEShay BFicks CKJohnson DATE 06/24/2022 06/27/2022 06/27/2022 06/28/2022 OFFICIAL RECORD ONLY