ML25027A037
| ML25027A037 | |
| Person / Time | |
|---|---|
| Issue date: | 03/03/2025 |
| From: | Barwell O NRC/OCFO |
| To: | Montgomery B Nuclear Energy Institute |
| Shared Package | |
| ML25027A036 | List: |
| References | |
| ML25006A196, OCFO-2024-00207, OCFO-25-00002, NEI 22-01, Rev 1 | |
| Download: ML25027A037 (1) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Bruce Montgomery, Director Decommissioning & Used Fuel 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 22-01, REVISION 1, LICENSE TERMINATION PROCESS
Dear Bruce Montgomery:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated January 6, 2025 (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML25006A196), requesting a fee exemption under Title 10 of the Code of Federal Regulations (10 CFR) 170.11(a)(1)(ii) related to the request for NRC review and endorsement of the Nuclear Energy Institute (NEI) technical report NEI 22-01, Revision 1, License Termination Process. Based on the NRCs staff review, I am granting your fee exemption request.
The NRC has established regulations for the granting of fee exemptions under 10CFR170.11 Exemptions. An interested person may apply for an exemption under 10CFR170.11 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 10CFR170.11(d).
Section170.11(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(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.
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
B. Montgomery In your letter, you state that NEI 22-01, Revision 1 will assist decommissioning reactor licensees in the development and implementation of license termination plans (LTP) that satisfy NRCs requirements in 10 CFR [Part] 20, Subpart E, Radiological Criteria for License Termination. Your letter further explains that NEI 22-01, Revision 1 is intended to aid in producing higher quality and more complete LTPs and that it addresses a number of topics of significant regulatory interest associated with license termination, including advance planning, historical site assessments, exposure scenarios, the design and conduct of surveys, radiological compliance, and reporting of final status survey results.
The process of achieving unrestricted release of a former power reactor site is highly technical and complex, requiring unique skills for both the licensee and the regulator. The NRC is cognizant of a number of challenges in this process, particularly in areas that have historically led to the need for additional interactions with the NRC staff in order to resolve site-specific issues. For example, these challenges often relate to subsurface surveys, including subsurface structures; the establishment of the cleanup levels for determining that the site is acceptable to release, as well as the methods for verifying those levels; the establishment of background radiation levels; and plans for the reuse of materials onsite, among other issues.
To that end, the NRC is currently in the process of supplementing its guidance and addressing information gaps to support activities related to license termination and decommissioning.
Forthcoming guidance is expected to support areas in LTPs that include a more prescriptive discussion of how a licensee's approach complies with regulatory requirements, survey details, and reports associated with the LTP. In addition, the NRC recognizes the need for improvements to the decommissioning guidance and is developing interim staff guidance related to subsurface surveys that can be practically applied in the review process. This interim staff guidance is expected to provide additional details related to subsurface surveys, consideration of existing groundwater contamination, support for risk-significant parameters, and development of Derived Concentration Guideline Limits for subsurface structures.
The NRC staff reviewed NEIs fee exemption request and concluded that the request for review and endorsement of NEI 22-01, Revision 1, meets the criteria for a fee exemption under 10 CFR 170.11(a)(1)(ii) because the guidance will assist the NRC in generic regulatory improvement efforts. The NRC staff agrees that the guidance contained in NEI 22-01, Revision 1, contains comprehensive insights and observations that the NRC staff provided from its review of Revision 0. NEI 22-01, Revision 1 includes information helpful to developing the guidance in the specialized technical areas related to licensing termination and decommissioning discussed above. For example, NEI 22-01, Revision 1, is anticipated to assist in the development of future revisions to guidance documents, such as: NUREG-1700, Standard Review Plan for Evaluating Nuclear Power Reactor License Termination Plans; NUREG-1757, Volume 2, Consolidated Decommissioning Guidance: Characterization, Survey and Determination of Radiological Criteria; and NUREG-1507, Minimum Detectable Concentrations with Typical Radiation Survey Instruments for Various Contaminants and Field Conditions.
B. Montgomery If you have any questions regarding this determination, please contact me at 301-415-1387.
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
B. Montgomery
SUBJECT:
RESPONSE TO THE NUCLEAR ENERGY INSTITUTES REQUEST FOR A FEE EXEMPTION FOR NEI 22-01, REVISION 1, LICENSE TERMINATION PROCESS, DATED: MARCH 3, 2025 DISTRIBUTION: OCFO-25-00002 NAridi, OCFO MVelasquez, OCFO RidsNMSSOd Resource EXTERNAL DISTRIBUTION:
bsm@nei.org ADAMS Accession Number: ML25027A036 Package; ML25027A037 Letter OFFICE OCFO/DOB OCFO/DOB NMSS/DUWP NMSS/DUWP NAME BBlaney CGalster SAnderson JMarshall DATE 01/28/2025 01/28/2025 01/29/2025 01/30/2025 OFFICE OGC OCFO/DOC OCFO/DOC OCFO/DOB NAME ELicon*NLO RRevinzon MBlair JAreas DATE 02/05/2025 02/05/2025 02/06/2025 02/10/2025 OFFICE OCFO/DOB OCFO/DOB DCFO CFO NAME LYee MNeville CCarroll OBarwell DATE 02/12/2025 02/19/2025 02/28/2025 03/03/2025 OFFICIAL RECORD COPY