ML25239A062
| ML25239A062 | |
| Person / Time | |
|---|---|
| Site: | Nuclear Energy Institute |
| Issue date: | 09/30/2025 |
| From: | Carroll C NRC/OCFO |
| To: | Yuen S Nuclear Energy Institute |
| References | |
| NEI 23-01, Rev. 2 | |
| Download: ML25239A062 (0) | |
Text
Stewart Yuen, Sr. Project Manager Nuclear Energy Institute 1201 F Street NW, Suite 1100 Washington, DC 20004
SUBJECT:
RESPONSE TO THE NUCLEAR ENERGY INSTITUTES REQUEST FOR A FEE EXEMPTION REQUEST FOR REVIEW AND ENDORSEMENT OF NEI 23-01, REVISION 2, OPERATOR COLD LICENSE TRAINING PLAN FOR ADVANCED NUCLEAR REACTORS
Dear Mr. Yuen:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated August 13, 2025 (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML25225A244), requesting a fee exemption under Title 10 of the Code of Federal Regulations (10 CFR) 170.11(a)(1)(ii) for the NRC staffs review of Nuclear Energy Institute (NEI) 23-01, Revision 2, Operator Cold License Training Plan for Advanced Nuclear Reactors. Based on the following analysis, I am granting your request for a fee exemption. This fee exemption is only applicable to Revision 2 and does not apply to the NRCs review of future submissions of NEI 23-01.
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.
September 30, 2025
S. Yuen 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.
On April 28, 2023, the NRC received a letter from NEI (ML23143A123), requesting a fee exemption under 10 CFR 170.11(a)(1)(ii) for the NRC staffs review of NEI Draft 2301, Operator Cold License Training Plan for Advanced Nuclear Reactors. The request stated that NEI 23-01 would provide advanced reactor applicants with a standard plan to train and license operators before construction of the plant is complete. As discussed in the NRCs response letter dated June 22, 2023 (ML23144A321), the request was denied because the proprietary nature of the information limited its broader applicability to other NRC reviews.
NEI submitted a subsequent letter on September 22, 2023 (ML23268A010), requesting a fee exemption under 10 CFR 170.11(a)(1)(ii) for the NRC staffs review of draft NEI 23-01. This request did not include the withholding of any proprietary information from the public. By letter dated November 14, 2023 (ML23293A025), the NRC partially granted the request for a limited time period, providing a fee exemption for NRC staff review of draft NEI 23-01 and pre-submittal engagements..
The current request seeks a fee exemption for the NRC staffs review of Revision 2 to NEI 23-
- 01. Your letter states in part that, since existing industry guidance for operator cold license training is not well suited to advanced reactors, each applicant will need to have a plan in their construction permit or combined operating licensing application for how to approach this topic.
You indicate that this could lead to many different approaches, requiring the NRC staff to review them anew with each application. Further, you state that general guidance, such as NEI 23-01, if endorsed by the NRC staff, could be cited in individual applications, eliminating the need for repeated reviews and potentially reducing overall review time.
The NRC staff agrees that NEI 23-01, Revision 2, provides generic information related to how advanced nuclear reactor (a specific term used within NEI 23-01, Revision 2) applicants could satisfy some requirements in 10 CFR Part 55 for the training and licensing of operators. At this time, the NRC staff anticipate using the information from its review to assist the NRC in generic regulatory improvements or efforts. The staff will review NEI 23-01, Revision 2, to determine the feasibility of endorsing the proposed guidance for licensing operators of advanced reactor facilities either not yet constructed or under construction to ensure operator qualifications are met. Current guidance for training and licensing operators at facilities under construction is in NEI 06-13A, Template for an Industry Training Program Description, and was endorsed by the staff in a safety evaluation. Endorsing NEI 23-01, if warranted, will be performed by issuing a new regulatory guide.
Therefore, I am granting your request for a fee exemption under 10 CFR 170.11(a)(1)(ii) for the NRCs review of NEI 23-01, Revision 2, because this revision will assist the NRC with generic regulatory improvements or efforts. This approval is not applicable to any future revisions of NEI 23-01. If NEI submits future revisions for review, NEI may submit a fee exemption request for the endorsement review at that time. Consistent with its regulations, the NRC will evaluate a fee exemption request for NRC review of a document at the time such document is submitted to the NRC for review.
S. Yuen If you have any technical questions regarding this matter, please contact Scott Tonsfeldt at 301-415-1783. Please contact Billy Blaney, of my staff, at 301-415-5092 for any fee-related questions.
Sincerely, Christopher D. Carroll Acting Chief Financial Officer Signed by Carroll, Christopher on 09/30/25
S. Yuen
SUBJECT:
RESPONSE TO THE NUCLEAR ENERGY INSTITUTES REQUEST FOR A FEE EXEMPTION REQUEST FOR REVIEW AND ENDORSEMENT OF NEI 23-01, REVISION 2, OPERATOR COLD LICENSE TRAINING PLAN FOR ADVANCED NUCLEAR REACTORS, DATED: SEPTEMBER 30, 2025 DISTRIBUTION: OCFO-25-00106 RidsOcfoMailCenter Resource RidsNsirOd Resource NAridi, OCFO MVelasquez, OCFO STonsfeldt, NRR EXTERNAL DISTRIBUTION:
sjy@nei.org ADAMS Accession Number: ML25239A060 Package; ML25239A062 Letter OFFICE OCFO/DOB OCFO/DOB NRR/DANU NRR/DANU NAME BBlaney CGalster
- (BBlaney for)
MWentzel JGreives DATE 08/27/2025 08/27/2025 08/27/2025 08/27/2025 OFFICE OGC OCFO/DOC OCFO/DOC OCFO/DOB NAME CMcCann*NLO RMorton MBlair JAreas DATE 09/10/2025 09/10/2025 09/10/2025 09/11/2025 OFFICE OCFO/DOB OCFO/DOB DCFO CFO NAME LYee MNeville DDAbate (Acting)
CCarroll (Acting)
DATE 09/18/2025 09/18/2025 09/24/2025 09/302025 OFFICIAL RECORD COPY