ML23212A933
| ML23212A933 | |
| Person / Time | |
|---|---|
| Issue date: | 08/30/2023 |
| From: | Osborne H NRC/OCFO |
| To: | Kucuk A Electric Power Research Institute |
| Shared Package | |
| ML23212A912 | List: |
| References | |
| Download: ML23212A933 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Dr. Aylin Kucuk Program Manager, Nuclear Fuels 1300 West W.T. Harris Boulevard Charlotte, NC 28262-8550
SUBJECT:
RESPONSE TO REQUEST FOR A FEE EXEMPTION FOR NRC REVIEW OF EPRI TOPICAL REPORTS
Dear Dr. Aylin Kucuk:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated May 30, 2023 (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML23150A230), requesting a fee exemption under Section 170.11(a)(1)(ii) of Title 10 of the Code of Federal Regulations (10 CFR), for NRC staff review and endorsement of Electric Power Research Institute (EPRI) Submission #1 (FRP 2023-002), which includes the following topical reports (TRs):
EPRI: Analysis of PWR LOCA Induced Fuel Fragmentation Relocation and Dispersal (FFRD) for Fuel Operating to Extended Burnup;
EPRI: xLPR Fracture Mechanics Analysis Supplemental Report; and
Westinghouse: Vendor Specific LOCA Analysis Supplemental Report.
According to your letter, EPRI anticipates that the TRs will be provided to the NRC for review in late 2023 or early 2024.
NRC regulations pertaining to fee exemptions are set forth in 10 CFR 170.11 Exemptions. The NRC staff reviewed your request consistent with the provisions in 10 CFR 170.11(a)(1)(ii) and 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 August 30, 2023
A. Kucuk Officer in accordance with § 170.5, and the Chief Financial Officer will grant or deny such requests in writing.1 In your letter, you state that the commercial nuclear industry has signaled intentions to deploy advanced fuels with increased enrichments and extended burnups in existing nuclear power plants. You also note that the NRC accident tolerant fuel project plan (ML21243A298) identifies FFRD as an example technical issue where changes to the in-reactor regulatory framework may be required to support the implementation of higher fuel burnups. You further state that in addition to addressing FFRD, the TRs in the planned submittal will provide quantitative information to support rulemaking or other policy actions to clarify the feasibility and justify benefits of incorporating Leak-Before-Break piping system performance features into emergency core cooling system evaluations.
The NRC recognizes the need for a regulatory framework to address FFRD and appreciates EPRIs effort to provide information that may assist the NRC in developing regulatory and technical guidance in this area. In the Staff Requirements Memoranda (SRM) associated with SECY-21-0109, Rulemaking Plan on the Use of Increased Enrichment of Conventional and Accident Tolerant Fuel Designs for Light Water Reactors (ML22075A103), the Commission instructed the staff to appropriately address and analyze FFRD issues relevant to fuels of higher enrichment and burnup levels in the regulatory basis for the rulemaking. The NRC staff is currently exploring various options on how FFRD can be addressed within the future regulatory framework. The EPRI TRs, as proposed, may support and inform the future regulatory framework and companion technical guidance for accident tolerant fuels and FFRD. However, considering that the TRs will not be submitted for review and endorsement until late 2023 or early 2024, there is insufficient information at this time to make a determination whether the information would assist in generic regulatory improvements or efforts.
Therefore, I am denying the current request to grant a fee exemption for review of EPRI Submission #1. EPRI may resubmit an exemption request when Submission #1 is provided.
If you have any technical questions regarding this matter, please contact Mr. Gerond George at 301-415-3882. Please contact Mr. William Blaney, of my staff, at 301-415-5092 for any fee-related questions.
Sincerely, Howard K. Osborne Chief Financial Officer 1 10 CFR 170.5 provides, in relevant part, 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.
Signed by Osborne, Howard on 08/30/23
A. Kucuk
SUBJECT:
RESPONSE TO REQUEST FOR A FEE EXEMPTION FOR NRC REVIEW OF EPRI TOPICAL REPORTS, DATED: AUGUST 30, 2023 DISTRIBUTION: OCFO-23-00095 NAridi, OCFO MVelasquez, OCFO LJames, NRR ADAMS Accession Number: ML23212A912 Package; ML23212A933 Letter OFFICIAL RECORD COPY OFFICE OCFO/DOB NRR/DORL NRR/DORL NRR/DORL NRR/DSS NAME WBlaney GGeorge GSuber BPhamGSuber for JDonoghue DATE 7/31/2023 07/31/2023 08/03/2023 08/07/2023 08/10/2023 OFFICE OGC OCFO/DOC OCFO/DOC OCFO/DOB OCFO/DOB NAME CMcCannNLO RRevinzon MBlair ARossi RAllwein DATE 08/28/2023 08/28/2023 08/28/2023 08/28/2023 08/28/2023 OFFICE OCFO/DOB CFO CFO NAME JShay JCorbett HOsborne DATE 08/29/2023 08/30/2023 08/30/2023