ML25091A165
| ML25091A165 | |
| Person / Time | |
|---|---|
| Issue date: | 11/21/2025 |
| From: | Antony Calvo NRC/RES/DSA |
| To: | |
| Shared Package | |
| ML25091A139 | List: |
| References | |
| OMB 3150-0240 | |
| Download: ML25091A165 (6) | |
Text
DRAFT SUPPORTING STATEMENT FOR COLLECTION OF RESEARCH CODE NON-DISCLOSURE AGREEMENT INFORMATION (3150-0240)
Extension Description of the Information Collection The collection instrument is a non-disclosure agreement (NDA) used for domestic and foreign entities to obtain and use the U.S. Nuclear Regulatory Commissions (NRCs) nuclear safety and analytical computer codes. These computer codes are used to model and evaluate fuel behavior, materials performance, reactor kinetics and thermal-hydraulic conditions, severe accident progression, time-dependent dose for design-basis accidents, radionuclide transport and dispersion, emergency preparedness and response modeling, and health effects consequences during various postulated accident conditions. Foreign and domestic licensees, universities, and corporations requesting access to the codes must provide the following information on the NDA:
Name of entity requesting access Ownership (foreign or domestic) of entity requesting access Name of person completing the form Title Position Email address Citizenship of requestor Mailing address Company website (if applicable)
Planned use of codes NRC Contractor number (if applicable)
Entities submit revised NDAs when that user no longer requires access to the codes.
The NDA also includes terms and conditions for code use and asks for notification to NRC of code errors, code modifications, and updated user information. An officially signed and executed NDA of users agreeing to the terms and conditions is current NRC practice for allowing access to NRC-developed computer codes. Once the NDA has been signed, received, reviewed, and accepted, the requesting individual or organization is given access to the requested code.
The information requested in the NDA is mandatory to obtain a benefit (access to the codes). NRC has the authority to request this information under Section 161c of the Atomic Energy Act of 1954, which states, In the performance of its functions the Commission is authorized to make such studies and investigations, obtain such information, and hold such meetings or hearings as the Commission may deem necessary or proper to assist it in exercising any authority provided in this Act, or in the administration or enforcement of this Act, or any regulations or orders issued
thereunder.
A. JUSTIFICATION
- 1.
Need For and Practical Utility of the Collection of Information The information collection enables the NRC to ensure that proper procedures and agreements are in place to guide the distribution and use of these codes according to NRC and U.S. Government policies and international agreements such as import-export restrictions and intellectual property rights. Further information collection on code errors and modifications by code users permits NRC to maintain control and quality of its codes in a timely and efficient manner. The NDA is stored in the Agencywide Documents Access and Management System (ADAMS) for easy retrievability and traceability.
Adhering to a practice where users of the code are required to sign an NDA provides the following key benefits to NRC:
Highlights the terms by which users will not release NRC-developed computer codes to a third party without NRC consent and approval.
Ensures authenticity and pedigree of NRC computer codes and code results by requiring users to rename a modified code version with a somewhat different name (provided NRC has authorized the development of a modified version).
Prohibits foreign entities from using the code for the commercial application in the development of a new reactor design or for commercial use in the United States unless performed by its U.S. subsidiary.
Makes no warranty by NRC, expressed or implied, or assumes any legal liability or responsibility for any use, or the results of such use, or of any information, product, or process included in or calculated by the code, or represents that the use would not infringe privately-owned rights.
Requires a description of the intended use of the code ensuring the use of the code is not inconsistent with the mission of the NRC.
Stipulates that code errors be communicated to NRC code developers as well as any nonproprietary improvements or modifications made to the code, including a summary of the impact on representative code calculations.
Makes all users requesting computer codes identify their country of citizenship to determine eligibility (U.S. citizens and U.S. permanent residents are automatically eligible).
- 2.
Agency Use of Information The NRC will use the information collected to:
- a.
Verify that code users meet all statutory and regulatory requirements.
- b.
Improve the codes.
- c.
Maintain code integrity.
- 3.
Reduction of Burden Through Information Technology The NRC has issued Guidance for Electronic Submissions to the NRC, which provides direction for the electronic transmission and submittal of documents to the NRC. Electronic transmission and submittal of documents can be accomplished via the following avenues: the Electronic Information Exchange process, which is available from the NRCs Electronic Submittals Web page, by Optical Storage Media (e.g. CD-ROM, DVD), or by e-mail.
For distribution of the MACCS code, which is distributed by Sandia National Laboratory (SNL) under contract to the NRC, users may now submit a request on a SNL website. The user creates an account and agrees to the NDA terms electronically during account creation, and the NDA form is not used.
Screenshots of the account creation page are included in this submission.
NRC codes are developed and maintained by teams in different technical organizations, and each team maintains a process for code users to submit code errors. All code requests and code error submissions are filed electronically.
The estimated overall percentage of electronic submissions for this information collection is 100 percent.
- 4.
Effort to Identify Duplication and Use Similar Information No sources of similar information are available. There is no duplication of requirements.
- 5.
Effort to Reduce Small Business Burden No small businesses are affected by the information collection requirements.
- 6.
Consequences to Federal Program or Policy Activities if the Collection Is Not Conducted or Is Conducted Less Frequently The information collection enables the NRC to ensure that proper procedures and agreements are in place to guide the distribution and use of these codes according to NRC and U.S Government policies and international agreements such as import-export restrictions and intellectual property rights. If the information were not collected, the requestor will not receive access to the code(s); the information helps the NRC know who has access to the codes.
- 7.
Circumstances Which Justify Variation from OMB Guidelines There are no variations from OMB guidelines.
The following are the circumstances and justifications that applies to the information collection:
Information is collected more often than quarterly: the participants submit a non-disclosure agreement whenever they decide to request access to NRCs code(s). Once the NDA is approved and the code is distributed to the participant, NRC expects that further information be submitted as required by the NDA including notification of code errors, modifications to the code, and updating of user information.
Proprietary trade secrets or similar confidential information are required:
nuclear power plants and engineering corporations are sensitive about sharing their plant and component design information. This information provided to the NRC and included in codes will be treated as proprietary information to the information providers.
- 8.
Consultations Outside the NRC Opportunity for public comment on the information collection requirements for this clearance package was published in the Federal Register.
- 9.
Payment or Gift to Respondents Not Applicable.
- 10. Confidentiality of Information Confidential and proprietary information is protected in accordance with the NRC regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b).
The information being collected under this clearance includes Personally Identifiable Information. This information is necessary to ensure the proper identification of the individual providing the information. The NRCs Privacy Officer reviewed the information collection and determined that it does not need to be included in a System of Records Notice.
- 11. Justification for Sensitive Questions Not Applicable.
- 12. Estimated Burden and Burden Hour Cost The total estimated burden for this information collection is 962 hours0.0111 days <br />0.267 hours <br />0.00159 weeks <br />3.66041e-4 months <br /> annually at a cost of $304,943 (Table 1), based on the following assumptions:
A total of 670 NDAs are expected to be submitted annually from the following entities with each NDA estimated to take 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> to complete and submit:
Licensees/NPPs (Foreign and domestic):
109 Universities (Foreign and domestic):
246 Corporations (Foreign and domestic):
123 Members of the public (Foreign and domestic):
58 Technical support organizations (Foreign):
134 The participating code users are expected to incur the following annual additional burdens, if applicable:
- Submissions of code errors: 39 per year, estimated time is 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> per submittal.
- Submissions of code improvements or modifications 36 per year, estimated time is 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> per submittal.
- Updating list of code users 217 per year, estimated time is 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> per submittal.
Table 1: Summary of burden and cost for the information collection of NDAs for code distribution Respondents Responses per Respondent Responses Burden per
Response
Total Burden Cost@
$317/hr.
Submission of NDAs 670 1
670 1
670
$212,390 Submission of Code Errors 39 1
39 1
39
$12,363 Submission of Code Improvements or Modifications 36 1
36 1
36
$11,412 Submission of Updated List of Code Users 217 1
217 1
217
$68,789 TOTAL 962 962
$304,954 The $317 hourly rate used in the burden estimates is based on the Nuclear Regulatory Commissions fee for hourly rates as noted in 10 CFR 170.20 Average cost per professional staff-hour. For more information on the basis of this rate, see the Revision of Fee Schedules; Fee Recovery for Fiscal Year 2024 (89 FR 51789, June 20, 2024).
- 13. Estimate of Other Additional Costs There are no additional costs.
- 14. Estimated Annualized Cost to the Federal Government The staff has developed estimates of annualized costs to the Federal Government related to the conduct of this collection of information. These
estimates are based on staff experience and subject matter expertise and include the burden needed to review, analyze, and process the collected information and any relevant operational expenses.
NRC staff are the ones receiving and reviewing NDAs to determine who has access and request contractors to release the codes to users.
The NRC solicited the services for maintaining the database or providing technical support with the average annual cost of
$320,201.7 (962 reports x 1.05hrs x $317).
- 15. Reasons for Change in Burden or Cost This renewal of the collection of NDA information reflects an overall annual burden of 962 hours0.0111 days <br />0.267 hours <br />0.00159 weeks <br />3.66041e-4 months <br /> for code users. There is no change in burden. There was an increase in the hourly fee from $288 per hour to $317 per hour.
- 16. Publication for Statistical Use Not applicable.
- 17. Reason for Not Displaying the Expiration Date The expiration date will be displayed.
- 18. Exceptions to the Certification Statement None.
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS Not Applicable.