ML26021A048
| ML26021A048 | |
| Person / Time | |
|---|---|
| Issue date: | 02/06/2026 |
| From: | Carroll C NRC/OCFO |
| To: | Andy Campbell Nuclear Energy Institute |
| Shared Package | |
| ML26021A047 | List: |
| References | |
| Download: ML26021A048 (0) | |
Text
Alan Campbell, Technical Advisor 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 NRC REVIEW OF NEI 24-11, REVISION 1, FIRE RESPONSE EVALULATION FOR ADVANCED REACTOR TECHNOLOGY
Dear Mr. Campbell:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your \
letter dated September 25, 2025, (Agencywide Documents Access and Management System (ADAMS) Accession No. ML25268A216), requesting a fee exemption under Title 10 of the Code of Federal Regulations (10 CFR) 170.11(a)(1)(ii) for the NRCs review and endorsement of Nuclear Energy Institute (NEI) 24-11, Revision 1, Fire Response Evaluation for Advanced Reactor Technology. Based on the following analysis, I am granting your request. This fee exemption is only applicable to Revision 1 and does not apply to the NRCs review of future revisions of NEI 24-11.
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.
February 6, 2026
A. Campbell 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 September 25, 2025 the NRC received a letter from the Nuclear Energy Institutes (NEI)
(Agencywide Documents Access and Management System (ADAMS) Accession No. ML25268A216), 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 NEI 24-11, Revision 1, Fire Response Evaluation for Advanced Reactor Technology. The fee exemption request states that NEI 24-11, revision 1, would provide advanced reactor applicants with a regulatory and technical approach to assess appropriate fire response strategies, offering a methodology that is technology-inclusive and aligned with modern risk-informed safety practices. In addition, NEI states that endorsement of NEI 24-11 will contribute meaningfully to the NRCs ongoing efforts to modernize fire protection expectations for non-light water reactors and other innovative reactor designs.
Current guidance for fire response evaluation is located in Regulatory Guide (RG) 1.189, Revision 5 Fire Protection for Nuclear Power Plants. Additionally, guidance regarding potential acceptance criteria for alternate fire response strategies can be found in Division of Advanced Reactors and Non-power Production and Utilization Facilities - Interim Staff Guidance (DANU-ISG)-2022-09, Advanced Reactor Content of Application Project, Risk-Informed, Performance-Based Fire Protection Program (for Operations). NEI aims to increase regulatory efficiency and consistency by clarifying how alternative fire response approaches can maintain defense-in-depth and meet applicable safety objectives by providing an overview of advancements in technology and fire analyses since the original decision on a five-person brigade in RG 1.189.
NEI additionally states that NEI 24-11, revision 1, responds directly to DANU-ISG-2022-09, encouraging early dialogue on risk-informed, performance-based fire protection programs.
NRC staff anticipates that NEI 24-11, revision 1, will provide broad, generic information on the performance of a fire response evaluation for the advanced reactor fleet. The staff expects that NEI 24-11, revision 1, may be useful in determining acceptable fire response configurations for advanced reactor designs. At this time, NRC staff anticipates using the information from the endorsement review activities to assist the NRC in generic regulatory improvements or efforts.
NRC staff will review NEI 24-11, revision 1, to determine the feasibility of endorsing the proposed guidance for an approach for performing a fire response evaluation for advanced nuclear reactors. Endorsing NEI 24-11, revision 1, if warranted, will be performed by issuing a revision to RG 1.189.
Therefore, I am granting your request for a fee exemption under 10 CFR 170.11(a)(1)(ii) for the NRCs review of NEI 24-11, Revision 1, Fire Response Evaluation for Advanced Reactor Technology, because it will assist the NRC in generic regulatory improvements and efforts to address licensing efficiencies. As previously stated, this approval is not applicable to any future revisions of NEI 24-11. 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.
A. Campbell If you have any technical questions regarding this matter, please contact Kristin McElwee at 301-415-3703. Please contact Billy Blaney, of my staff, at 301-415-5092 for any fee-related questions.
Sincerely, Christopher D. Carroll Chief Financial Officer Signed by Carroll, Christopher on 02/06/26
A. Campbell
SUBJECT:
RESPONSE TO THE NUCLEAR ENERGY INSTITUTES REQUEST FOR A FEE EXEMPTION FOR NRC REVIEW OF NEI 24-11, REVISION 1, FIRE RESPONSE EVALULATION FOR ADVANCED REACTOR TECHNOLOGY, DATED:
FEBRUARY 06, 2026 DISTRIBUTION: OCFO-25-00164 RidsOcfoMailCenter Resource RidsNsirOd Resource NAridi, OCFO MVelasquez, OCFO EXTERNAL DISTRIBUTION:
adc@nei.org ADAMS Accession Number: ML26021A047 Package; ML26021A048 Letter OFFICE OCFO/DOB OCFO/DOB NRR/DANU NRR/DRA NAME BBlaney JJacobs KMcElwee CMoulton DATE 01/21/2026 01/22/2026 01/22/2026 01/22/2026 OFFICE NRR/DRA OGC OCFO/DOC OCFO/DOC NAME TNakanishi RSiegman*NLO RMorton MBlair DATE 01/23/2026 02/02/2026 02/02/2026 02/02/2026 OFFICE OCFO/DOB DCFO CFO NAME FChicaiza DDAbate (Acting)
CCarroll DATE 02/02/2026 02/03/2026 02/06/2026 OFFICIAL RECORD COPY