ML22348A112

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Letter to Richard Mogavero Response to Fee Exemption NEI 08-09 Revision 7
ML22348A112
Person / Time
Site: Nuclear Energy Institute
Issue date: 01/17/2023
From: James Corbett
NRC/OCFO
To: Mogavero R
Nuclear Energy Institute
Shared Package
ML22348A110 List:
References
NEI 08-09, Rev 7
Download: ML22348A112 (3)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 17, 2023 Richard Mogavero Senior Project Manager Nuclear Security & Incident Preparedness Nuclear Energy Institute 1201 F Street NW, Suite 1100 Washington, DC 20004

Dear Richard Mogavero:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated November 16, 2022 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML22348A112), requesting a fee exemption under Title 10 of the Code of Federal Regulations (10 CFR) 170.11(a)(1)(ii) for NRC review and endorsement of Nuclear Energy Institute (NEI) 08-09, Cyber Security Plan for Nuclear Power Reactors, Revision 7.

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

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 to assist the NRC in generic regulatory improvements or efforts (e.g., rules, regulatory guides, regulations, policy statements, generic letters, or bulletins).

Section 170.11(d) states:

All fee exemption requests must be submitted in writing to the Chief Financial Officer in accordance with § 170.5, and the Chief Financial Officer will grant or deny such requests in writing.

On March 7, 2017, NEI submitted NEI 08-09, Revision 6, Addendum 1, Cyber Security Plan for Nuclear Power Reactors, for NRC review and endorsement (ML17079A379). On April 25, 2017, the NRC approved for use NEI 08-09, Revision 6, Addendum 1 (ML17086407). NEI plans to submit NEI 08-09, Revision 7, for review and approval. NEI intends for the revision to align 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 NEI 08-09 with other guidance approved for use by the NRC, including NEI 10-04, Revision 3, Identifying Systems and Assets Subject to the Cyber Security Rule, (ML21342A168) and NEI 13-10, Revision 7, Cyber Security Control Assessments (ML21342A203). In its fee exemption request, NEI also indicated that the revision will also include updates to guidance in areas of interest to the NRC staff, such as threat and vulnerability management and implementing alternative security control methodologies.

For the reasons cited above, I conclude that NEIs request for NRC review and endorsement of NEI 08-09, Revision 7, meets the criteria under 10 CFR 170.11(a)(1)(ii) because the guidance will assist the NRC in generic regulatory improvements or efforts; therefore, the fee exemption request is approved. The NRC staff will make NEI 08-09, Revision 7, available to all licensees if approved for use.

If you have any technical questions regarding this matter, please contact Mr. Alex Prada at 301-415-0875. Please contact Mr. Billy Blaney, of my staff, at 301-415-5092 for any fee-related questions.

Sincerely, Signed by Corbett ,James on 01/17/23 James C. Corbett Acting Chief Financial Officer

R. Mogavero

SUBJECT:

LETTER TO RICHARD MOGAVERO RESPONSE TO FEE EXEMPTION NEI 08-09, REVISION 7, DATED: JANUARY 17, 2023 DISTRIBUTION:

NAridi, OCFO RidsNrrOd Resource RidsNSIROd Resource ADAMS Accession Number: ML22348A110 Package; ML22348112 Memo OFFICE OCFO/DOB OCFO/DOB NSIR/DPCP NSIR/DPCP NSIR/DPCP NAME JJacobs BBlaney APrada BYip JJauntirans DATE 12/14/2022 12/14/2022 12/14/2022 12/14/2022 12/14/2022 OFFICE NSIR/DPCP OGC OCFO/DOC OCFO/DOB OCFO/DOB NAME GBowman BHarris MBlair ARossi (BBlaney for) RAllwein DATE 12/14/2022 12/23/2022 12/15/2022 12/29/2022 01/11/2023 OFFICE OCFO/DOB CFO CFO NAME JShay BFicks JCorbett DATE 01/13/2023 01/17/2023 01/17/2023 OFFICIAL RECORD COPY