ML24157A032

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Letter to the Electric Power Research Institute in Response to a Request for a Fee Exemption for Material Reliability Program 484, Guidance on Timing for Technical Specifications Revision Following Surveillance Capsule Testing
ML24157A032
Person / Time
Issue date: 06/27/2024
From: Jennifer Golder
NRC/OCFO
To: Meeden R
Electric Power Research Institute
Shared Package
ML24157A042 List:
References
OCFO-24-00049
Download: ML24157A032 (1)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Rex Meeden, PMMP EC Chairman Arizona Public Service Robert O. McGill, MRP Program Manager Electric Power Research Institute Palo Alto Office 3420 Hillview Avenue Palo Alto, CA 94304-1338

SUBJECT:

LETTER TO THE ELECTRIC POWER RESEARCH INSTITUTE IN RESPONSE TO A REQUEST FOR A FEE EXEMPTION FOR MATERIALS RELIABILITY PROGRAM (MRP)-484, GUIDANCE ON TIMING FOR TECHNICAL SPECIFICATIONS REVISION FOLLOWING SURVEILLANCE CAPSULE TESTING

Dear Rex Meeden and Robert McGill:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 23, 2024, (Agencywide Documents Access and Management System (ADAMS)

Accession No. ML24068A058), requesting a fee exemption under Title 10 of the Code of Federal Regulations (10 CFR) 170.11(a)(1)(ii) and 10 CFR 170.11(b) for the NRC staffs review of Electric Power Research Institute (EPRI) Materials Reliability Program, Guidance on Timing for Technical Specifications Revision Following Surveillance Capsule Testing (MRP-484).

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), 10 CFR 170.11(b), 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(b) states:

The Commission may, upon application by an interested person, or upon its own 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.

June 27, 2024

R. Meeden and R. McGill initiative, grant such exemptions from the requirements of this part as it determines are authorized by law and are otherwise in the public interest.

Applications for exemption under this paragraph may include activities such as, but not limited to, the use of licensed materials for educational or noncommercial public displays or scientific collections.

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.

Your letter states the NRCs one-time review of EPRI Report MRP-484 document should reduce the staff effort required for expedited individual plant Technical Specifications reviews, while substantially decreasing the burden on U.S. pressurized water reactor (PWR) utilities to generate these revisions, where necessary, in an expediated fashion. Your letter also states that EPRI Report MRP-484 will support future NRC staff review planning for both surveillance capsules and Technical Specifications updates, within the 5-year post capsule testing interval, because the report gives a detailed overview of the next planned capsule for each plant that is planning to perform further capsule testing under Appendix H across the entire PWR fleet.

In order to be eligible for the fee exemption in Section 170(a)(1)(ii), the NRC, at the time the request/report is submitted, must plan to use the information to assist the agency in a generic regulatory improvement or effort. NRC staff issued a non-acceptance letter on June 14, 2024 (ML24152A124), stating that EPRI Report MRP-484 is not a topical report and is not accepted for review under the topical report process.

Therefore, since the NRC did not accept EPRI Report MRP-484 for review under the topical report process, I conclude that your request to exempt review fees for NRC review of EPRI Report MRP-484, does not meet the criteria under 10 CFR 170.11(a)(1)(ii) and 10 CFR 170.11(b) since the NRC will not use the information in EPRI Report MRP-484 to assist the agency in a generic regulatory improvement or effort; therefore, the fee exemption request is denied.

If you have any technical questions regarding this matter, please contact Lois James at 301-415-3306. Please contact Billy Blaney, of my staff, at 301-415-5092 for any fee-related questions.

Sincerely, Jennifer M. Golder Acting Chief Financial Officer Benner, Eric signing on behalf of Golder, Jennifer on 06/27/24

R. Meeden and R. McGill

SUBJECT:

LETTER TO THE ELECTRIC POWER RESEARCH INSTITUTE IN RESPONSE TO A REQUEST FOR A FEE EXEMPTION FOR MATERIALS RELIABILITY PROGRAM (MRP)-484, GUIDANCE ON TIMING FOR TECHNICAL SPECIFICATIONS REVISION FOLLOWING SURVEILLANCE CAPSULE TESTING DATED: JUNE 27, 2024 DISTRIBUTION: OCFO-24-00049 NAridi, OCFO MVelasquez, OCFO LJames, NRR OYee, NRR CFairbanks, NRR ABuford, NRR DRudland, NRR RidsNrrOd Resource EXTERNAL DISTRIBUTION:

rmcgill@epri.com Alfred.Meeden@aps.com ADAMS Accession Number: ML24157A042 Package; ML24157A032 Letter OFFICE OCFO/DOB OCFO/DOB NRR/DNRL NRR/DORL NRR/DNRL NAME BBlaney JJacobs ABuford GGeorge SLee DATE 06/05/2024 06/05/2024 06/11/2024 06/12/2024 06/17/2024 OFFICE NRR/DORL OGC OCFO/DOC OCFO/DOC OCFO/DOB NAME ARivera-Varona GMostaghimi NLO RRevinzon MBlair RRevinzon for ARossi JJacobs for DATE 06/13/2024 06/20/2024 06/17/2024 06/17/2024 06/21/2024 OFFICE OCFO/DOB OCFO/DOB CFO NAME LYee MNeville JGolder DATE 06/27/2024 06/24/2024 06/27/2024 OFFICIAL RECORD COPY