ML24155A242
| ML24155A242 | |
| Person / Time | |
|---|---|
| Site: | Kemmerer File:TerraPower icon.png |
| Issue date: | 06/03/2024 |
| From: | George Wilson TerraPower |
| To: | Jennifer Golder NRC/OCFO, Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| Download: ML24155A242 (1) | |
Text
Date: June 03, 2024 Page 1 of 3 June 03, 2024 TP-LIC-LET-0137 Docket Number 50-613 10 CFR 170.11 Ms. Jennifer M. Golder Chief Financial Officer U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
Subject:
Fee Exemption Request for Review and Evaluation of the Safety and Security Portions of the USO Construction Permit Application
Dear Ms. Golder:
The nuclear industry is interested in licensing and deploying advanced reactors in accordance with Nuclear Energy Institute (NEI) 18-04, Risk-Informed Performance-Based Technology Inclusive Guidance for Non-Light Water Reactor Licensing Basis Development, Revision 1, as endorsed by Regulatory Guide 1.233, Guidance for a Technology-Inclusive, Risk-Informed, and Performance-Based Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light Water Reactors, Revision 0, and NEI 21-07, Technology Inclusive Guidance for Non-Light Water Reactor Safety Analysis Report: For Applicants Utilizing NEI 18-04 Methodology, Revision 1, as endorsed by Regulatory Guide 1.253, Guidance for a Technology-Inclusive Content-of-Application Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light-Water Reactors, Revision 0. The methodology provided in NEI 18-04 is commonly referred to as the Licensing Modernization Project (LMP) methodology. The U.S. Nuclear Regulatory Commission (NRC) held several public meetings and workshops on these topics, during which NRC staff identified potential concerns with the process.
The nuclear industry had discussions with the NRC staff regarding advancement of the mutual goal to establish a stable and predictable licensing pathway for advanced reactors. The NRC
Date: June 03, 2024 Page 2 of 3 staff indicated there is mutual interest in the development of regulatory guidance to improve regulatory efficiency and recommended that further direct engagements continue.
Therefore, in accordance with 10 CFR 170.11, TerraPower, LLC (TerraPower) and its subsidiary, US SFR Owner, LLC (USO), believe that a fee exemption is appropriate because the net result will be an improved safety focus and a net savings of NRC resources. As such, TerraPower and its subsidiary, USO, submit this request for a fee exemption to cover the NRC staff review and approval activities stemming from utilization of NEI 18-04 and NEI 21-07 associated with the safety and security portions of the Kemmerer Unit 1 Construction Permit Application (CPA).
By letter dated March 19, 2024, the NRC issued a preapplication readiness assessment report for the Kemmerer Power Station Unit 1 (ML24060A227) CPA and stated that the initial review of the holistic use of the Licensing Modernization Project (LMP) methodology as it was represented in the preliminary CP application provided the NRC staff and TerraPower with valuable learning opportunities. Relative to the use of the LMP methodology, the NRC staff noted that this framework includes novel processes for identifying the safety classification for structures, systems, and components (SSCs) and for developing resulting special treatment requirements for those SSCs. The NRC staff is acknowledging the process will be a learning experience, which in turn will assist in advancing the establishment of a stable and predictable licensing pathway for advanced reactors.
Therefore, in accordance with 10 CFR 170.11, TerraPower, LLC (TerraPower) and its subsidiary, US SFR Owner, LLC (USO), believe that a fee exemption is appropriate because the net result will be an improved safety focus and a net savings of NRC resources. As such, TerraPower and its subsidiary, USO, submit this request for a fee exemption to cover the NRC staff review and approval activities stemming from utilization of NEI 18-04 and NEI 21-07 associated with the safety and security portions of the Kemmerer Unit 1 Construction Permit Application (CPA).
Specifically, this fee exemption request is based on regulation 10 CFR 170.11(a)(1)(ii) which states:
(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
Date: June 03, 2024 Page 3 of 3 resolve an to assist the NRC in generic regulatory improvements or efforts (e.g., rules, regulatory guides, regulations, policy statements, generic letters, or bulletins).
The Kemmerer Unit 1 CPA was submitted on March 28, 2024 (ML24088A060). In accordance with 10 CFR 170.11(c), this request for a fee exemption is submitted to the Chief Financial Officer within 90 days of the date of the NRCs receipt of the request/report. The NRC issued the formal acceptance letter for the CPA on May 21, 2024, (ML24135A109, project number 99902100, and docket number 50-613).
In accordance with 10 CFR 170.5, the fee exemption request is being submitted in writing to the Chief Financial Officer.
TerraPower and its subsidiary, USO, believe that the effort to improve the establishment of a stable and predictable licensing pathway for utilizing NEI 18-04 and NEI 21-07 for advanced reactors constitutes the type of generic regulatory improvement envisioned by 10 CFR 170.11.
If you have any questions regarding this submittal, please contact George Wilson at gwilson@terrapower.com or (425) 326-5231.
Sincerely, George Wilson Vice President, Regulatory Affairs TerraPower, LLC cc:
Andrea Veil, NRR Robert Taylor, NRR Mohamed Shams, NRR NRC Document Control Desk