ML24156A075

Application for Exemption from Select Requirements of Title 10 of the Code of Federal Regulations Part 73 for the Morris Operation - Acknowledgement of Withdrawal and Notification of the U.S. Nuclear Regulatory Commission Staff Efforts Clos

ML24156A075
Person / Time
Site:	07200001
Issue date:	06/10/2024
From:	Kristina Banovac Storage and Transportation Licensing Branch
To:	Murray S GE-Hitachi Nuclear Energy Americas
References
CAC 001028, EPID L-2024-LLE-0000
Download: ML24156A075 (1)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Scott P. Murray, Manager, Facility Licensing GE Hitachi Nuclear Energy 3901 Castle Hayne Road P.O. Box 780 Wilmington, NC 28402

SUBJECT:

APPLICATION FOR EXEMPTION FROM SELECT REQUIREMENTS OF TITLE 10 OF THE CODE OF FEDERAL REGULATIONS PART 73 FOR THE MORRIS OPERATION - ACKNOWLEDGEMENT OF WITHDRAWAL AND NOTIFICATION OF THE U.S. NUCLEAR REGULATORY COMMISSION STAFF EFFORTS CLOSURE - COST ACTIVITY CODE/ENTERPRISE PROJECT IDENTIFICATION NO. 001028/L-2024-LLE-0000

Dear Scott Murray:

By letter dated December 11, 2023 (Agencywide Documents Access and Management System

[ADAMS] Accession No. ML23345A081), as supplemented on January 4, 2024 (ML24004A165), GE Hitachi Nuclear Energy Americas LLC (GEH) requested an exemption from specific requirements in Title 10 of the Code of Federal Regulations (10 CFR), Part 73, Physical Protection of Plants and Materials, Subpart T, Security Notifications, Reports, and Recordkeeping, and for a definition in 10 CFR 73.2, Definitions, for the Morris Operation. The final rule for Enhanced Weapons, Firearms Background Checks, and Security Event Notifications, published on March 14, 2023, requires GEH to comply with these provisions by January 8, 2024, at the Morris Operation. In its exemption request, GEH requested that the date for complying with these requirements be extended until December 31, 2024, or 180 days after publication of final Regulatory Guides, whichever is later.

The U.S. Nuclear Regulatory Commission (NRC) staff reviewed your request and identified information needed to complete its review in a draft request for additional information (RAI),

which was provided to GEH to determine if the questions were clear and an appropriate date for GEH to respond to the RAI. The NRC staff and GEH representatives discussed the draft RAI on May 21, 2024. During the May 21, 2024, call, GEH indicated that it may withdraw the exemption request.

By letter dated May 24, 2024 (ML24145A129), GEH requested the withdrawal of the application from NRC review. This communication serves as our acknowledgement of receipt of your request to withdraw the application and as notification of the termination of the NRC staff activities on the review of your application. Efforts under Cost Activity Code/Enterprise Project Identification No. 001028/L-2024-LLE-0000, respectively have been closed.

The NRC staff notes that the review of your application, to date, has identified that the additional information discussed below was needed to enable the staff to complete its review. Should you decide to re-submit your application, you will need to revise it to include this information.

June 10, 2024

S. Murray 1.

The GEH December 11, 2023 (ML23345A081), and January 4, 2024 (ML24004A165),

submittals provided the basis for the exemption request for the Morris Operation. The January 4, 2024, letter identified specific requirements in 10 CFR Part 73, Subpart T for the exemption request (10 CFR 73.1205(a) through (e), and 10 CFR 73.1215(a) through (f)). The December 11, 2023, letter referenced several examples from 10 CFR 73.1200 and 10 CFR 73.1210 to support the basis for the request; however, these requirements are not identified as specific provisions for the exemption in the January 4, 2024, letter.

Clarify the specific requirements that are requested for an exemption.

2.

The section titled Exemption Requests in Page 2 of the attachment to the January 4, 2024, letter, provides several examples of issues requiring clarification as bases for the exemption from the requirements in 10 CFR Part 73, Subpart T. Example 1 has a reference to rule text procedures important to safety that is not cited in 10 CFR 73.1205(c)(3)(viii). The rule text in 10 CFR 73.1205(c)(3)(viii) states, whether this event or condition is a recurring failure of a structure, system, component, or procedure important to security. Clarify the use of the specific reference to 10 CFR 73.1205(c)(3)(viii) in your exemption request.

3.

The exemption request seeks a temporary exemption from the reporting requirements in 10 CFR Part 73, Subpart T; however, GEH does not state which alternative reporting requirements it will continue to implement during the term of the exemption. Confirm that GEH will continue to implement the previously applicable reporting requirements that were in 10 CFR 73.71 and 10 CFR Part 73, Appendix G, prior to March 2023, during the term of the exemption request.

In accordance with 10 CFR 2.390, Public inspections, exemptions, requests for withholding, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room (PDR) or from the Publicly Available Records component of the NRCs ADAMS. ADAMS is accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html. The PDR is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.

If you have any questions regarding this communication, please contact me at (301) 415-7116, or via email at Kristina.Banovac@nrc.gov.

Sincerely, Kristina L. Banovac, Project Manager Storage and Transportation Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No.: 72-01 License No.: SNM-2500 CAC/EPID Nos.: 001028/L-2024-LLE-0000 cc: Distribution via Listserv Signed by Banovac, Kristina on 06/10/24

ML24156A075 OFFICE NMSS/DFM/STLB NMSS/DFM/STLB NMSS/DFM/STLB NMSS/DFM/STLB NAME KBanovac WWheatley YDiaz-Sanabria KBanovac DATE 6/4/2024 6/4/2024 6/10/2024 6/10/2024