ML24307A001
| ML24307A001 | |
| Person / Time | |
|---|---|
| Site: | Nuclear Energy Institute |
| Issue date: | 10/31/2024 |
| From: | Andy Campbell Nuclear Energy Institute |
| To: | Osborne H NRC/OCFO |
| References | |
| SECY-22-0076, NEI 20-07, SRM-SECY-22-0076 | |
| Download: ML24307A001 (1) | |
Text
Alan Campbell Technical Advisor Phone: 202.739.8011 Email: adc@nei.org October 31, 2024 Howard K. Osborne Chief Financial Officer U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
Subject:
Fee Exemption Extension Request for Pre-Submittal Activities, Review, and Endorsement of NEI 20-07, Guidance for Addressing Common Cause Failure in High Safety-Significant Safety-Related Digital I&C Systems Project Number: 689
Dear Mr. Osborne:
On May 25, 2023, the Commission issued SRM-SECY-22-0076, Staff Requirements - SECY-22-0076 -
Expansion of Current Policy on Potential Common-Cause Failures in Digital Instrumentation and Control Systems, which expands the digital instrumentation and control (DI&C) policy on common cause failure to include a risk-informed pathway and directs the staff to complete implementing guidance within one year of the SRM.
To help utilities implement this new policy, the Nuclear Energy Institute (NEI) 1 is developing a document, NEI 20-07, which will provide guidance on using a performance-based methodology, based on processes used in other safety-focused industries, to support the design and implementation of highly safety-significant and safety-related DI&C system upgrades. In a letter to NEI dated October 25, 2024 (ML23219A167), NRC staff granted a fee exemption for pre-submittal activities associated with NEI 20-07 Revision E.
NEI and NRC staff engaged in pre-submittal activities including NRC staff review and six (6) meetings discussing the NEI 20-07 method and addressing NRC feedback. NRC staff expressed a need to demonstrate the underlying technical processes and material intended to be submitted by a licensee using 1 The Nuclear Energy Institute (NEI) is responsible for establishing unified policy on behalf of its members relating to matters affecting the nuclear energy industry, including the regulatory aspects of generic operational and technical issues. NEIs members include entities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect and engineering firms, fuel cycle facilities, nuclear materials licensees, and other organizations involved in the nuclear energy industry.
Mr. Howard K. Osborne October 31, 2024 Page 2 Nuclear Energy Institute NEI 20-07. NEI and NRC staff plan to continue pre-submittal activities including review of NEI 20-07 Rev.
E with NRC feedback incorporated as well as tabletop activities needed to demonstrate to NRC staff the efficacy of the process.
As acknowledged in the letter to NEI dated October 25, 2024 (ML23219A167), NEI 20-07 will result in generic benefit to the NRC and the nuclear industry. NEI believes that there is mutual benefit to the NRC staffs review of NEI 20-07 and that a fee exemption is appropriate. We are therefore submitting this letter to request a fee exemption to cover all activities, including pre-submittal activities, involved in the review of NEI 20-07.
The NRC has an established regulation governing fee exemptions as stated in 10 CFR 170.11, "Exemptions." In accordance with 10 CFR 170.11, NEI requests a fee exemption for the review of NEI 20-07 based on regulation 10 CFR 170.11(a)(1)(ii), which states that no fees shall be required for special projects that are requests or reports submitted to the NRC [w]hen 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 resolve an identified safety, safeguards, or environmental issue, or to assist the NRC in generic regulatory improvements or efforts (e.g., rules, regulatory guides, regulations, policy statements, generic letters, or bulletins). [emphasis added]
NEI believes that the effort to improve the licensing process for highly safety-significant safety-related DI&C systems constitutes the exact type of generic regulatory improvement envisioned by 10 CFR 170.11.
NRC reviews and other efforts conducted in response to the NEI 20-07 will result in generic regulatory improvements and optimized allocation of resources in licensing and the industrys implementation of highly safety-significant safety-related DI&C systems.
Please contact me at adc@nei.org or (202) 439-3698 should you have any questions or concerns.
Sincerely, Alan Campbell C:
David Rahn (NRR/DEX/ELTB)
Michael Marshall (NRR/DORL/LPL1)
Jason Paige (NRR/DEX/ELTB)
Fanta Sacko (NRR/DEX/EICB)
Eric Benner (NRR/DEX)
NRC Document Control Desk