ML24362A010
| ML24362A010 | |
| Person / Time | |
|---|---|
| Issue date: | 03/03/2025 |
| From: | Barwell O NRC/OCFO/DB |
| To: | Whitlock M Nuclear Energy Institute |
| Shared Package | |
| ML24362A009 | List: |
| References | |
| NEI 11-02 | |
| Download: ML24362A010 (1) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Michael Whitlock, Director Security & Incident Preparedness Nuclear Energy Institute 1201 F Street NW, Suite 1100 Washington, DC 20004
SUBJECT:
RESPONSE TO THE NUCLEAR ENERGY INSTITUTES REQUEST FOR A FEE EXEMPTION FOR NEI 11-02, CHANGE MANAGEMENT PLAN-EVALUATED FORCE-ON-FORCE EXERCISES, REVISION 1
Dear Michael Whitlock:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated October 24, 2024, (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML24298A245), as supplemented on December 5, 2024, (ML24340A250) requesting a fee exemption under Title 10 of the Code of Federal Regulations (10 CFR) 170.11(a)(1)(ii) for the NRCs eventual endorsement review of NEI 11-02, Change Management Plan-Evaluated Force-on-Force Exercises, Revision 1 and associated pre-submittal meetings and reviews of conceptual or developmental documents that support the submittal of NEI 11-02, Revision 1.
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) 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).
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.
March 3, 2025
M. Whitlock 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.
In your letter, as supplemented, you request a fee exemption for NRC endorsement review of NEI 11-02, Revision 1 as well as a fee exemption for pre-submittal activities supporting the submittal of NEI 11-02, Revision 1 for endorsement. Your letter provides that NEI 11-02, Revision 1 incorporates experience gained since implementation of Revision 0 to broaden the scope of the document to address issues or concerns beyond adversary tactics and capabilities that may arise during evaluated force-on-force (FOF) scenario development. Additionally, your letter provides that the pre-submittal activities will help to ensure efficiency in the development and NRC review of NEI 11-02.
With respect to pre-submittal meetings and reviews, I am denying your request because the NRC currently cannot make a determination regarding whether it plans to use the information from the pre-submittal activities to assist the NRC in generic regulatory improvements or efforts.
Further, your letter, as supplemented, does not provide a sufficient explanation as to how these pre-submittal activities would assist the NRC in a generic regulatory improvement, beyond that such activities may ensure efficiency in NRCs potential review of NEI 11-02.
I am also denying your request for to grant a fee exemption for endorsement review of NEI 11-02, Revision 1. Given that NEI 11-02, Revision 1 is still under development and the document has not yet been submitted to NRC for endorsement review, the NRC currently cannot make a determination regarding whether it plans to use information from the endorsement review to assist the NRC in generic regulatory improvements or efforts. To be eligible for the fee exemption in Section 170(a)(1)(ii) the NRC, at the time request/report is submitted, must plan to use the information to assist the agency in a generic regulatory improvement. Your letter did not provide sufficient justification for the NRC to make a determination, at this time, that such future submission of NEI 11-02, which is still under development and with no clear timeline for submittal, will support a generic regulatory improvement consistent with 10 CFR 170.11.
If NEI ultimately submits NEI 11-02, Revision 1 for an endorsement review and would like to request a fee exemption for NRC review activities, NEI may elect to submit a subsequent fee exemption request. Consistent with its regulations, the NRC will make an evaluation of a fee exemption request for NRC review of document, at the time such document is submitted to NRC for review.
If you have any technical questions regarding this matter, please contact Desiree Davis at 301-415-3075. Please contact Billy Blaney, of my staff, at 301-415-5092 for any fee-related questions.
Sincerely, Owen F. Barwell Chief Financial Officer Signed by Barwell, Owen on 03/03/25
M. Whitlock
SUBJECT:
RESPONSE TO THE NUCLEAR ENERGY INSTITUTES REQUEST FOR A FEE EXEMPTION FOR NEI 11-02, CHANGE MANAGEMENT PLAN-EVALUATED FORCE-ON-FORCE EXERCISES, REVISION 1, DATED: MARCH 3, 2025 DISTRIBUTION: OCFO-2024-00207 NAridi, OCFO MVelasquez, OCFO RidsNSIROd Resource EXTERNAL DISTRIBUTION:
mlw@nei.org ADAMS Accession Number: ML24362A009 Package; ML24362A010 Letter OFFICE OCFO/DOB OCFO/DOB NSIR/DSO NSIR/DSO NAME BBlaney (JJacobs for)
JJacobs DDavis BYip DATE 01/06/2025 01/06/2025 01/07/2025 01/07/2025 OFFICE OGC/LRAA OCFO/DOC OCFO/DOC OCFO/DOB NAME JScro*NLO RMorton MBlair JAreas DATE 02/20/2025 02/20/2025 02/20/2025 02/20/2025 OFFICE OCFO/DOB OCFO/DOB DCFO CFO NAME LYee MNeville CCarroll OBarwell DATE 02/25/2025 02/26/2025 02/26/2025 03/03/2025 OFFICIAL RECORD COPY