ML26051A110
| ML26051A110 | |
| Person / Time | |
|---|---|
| Site: | 99902028, Nuclear Energy Institute |
| Issue date: | 02/20/2026 |
| From: | Pimentel F Nuclear Energy Institute |
| To: | Carroll C Office of Nuclear Reactor Regulation, NRC/OCFO, Document Control Desk |
| References | |
| Download: ML26051A110 (0) | |
Text
Frances Pimentel Senior Project Manager, Fuel & Radiation Safety Phone: 202.341.7491 Email: fap@nei.org February 20, 2026 Mr. Christopher D. Carroll Chief Financial Officer (Acting)
U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
Subject:
Fee Exemption Request for Review and Endorsement of NEI 23-03, Revision 1, Supplemental Guidance for Application of 10 CFR 50.59 to Digital Modifications at Non-Power Production or Utilization Facilities.
Project Number: 689
Dear Mr. Carroll:
On February 20, 2026, NEI1 submitted Revision 1 to NEI 23-03, Supplemental Guidance for Application of 10 CFR 50.59 to Digital Modifications at Non-Power Production or Utilization Facilities, to the NRC for the staffs review and endorsement. This document was developed with assistance from the National Organization of Test, Research, and Training Reactors (TRTR), and other non-power production or utilization facility (NPUF)2 licensees.
NEI 23-03 was developed to provide guidance for the implementation of 10 CFR 50.59 digital modifications at NPUFs. Since that time, several regulatory questions have been resolved and both the NRC staff and the industry believe this revision will enhance the efficiency and clarity of the regulatory process. We therefore request that consistent with the process used to endorse its predecessor document, Revision 1 be reviewed and endorsed by the NRC staff under a fee waiver.3 1 The Nuclear Energy Institute (NEI) is responsible for establishing unified policy on behalf of its members relating to matters affecting the nuclear energy industry, including the regulatory aspects of generic operational and technical issues. NEIs members include entities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect and engineering firms, fuel cycle facilities, nuclear materials licensees, and other organizations involved in the nuclear energy industry.
2 NPUF collectively refers to production or utilization facilities, licensed under § 50.21(a) or (c), or § 50.22, as applicable, that are not a nuclear power reactor or a production facility as defined under paragraphs (1) and (2) of the definition of production facility in § 50.2 Definitions.
3 ML23116A073.
Mr. Christopher Carroll February 20, 2026 Page 2 Nuclear Energy Institute This document will be primarily utilized by class 104 licensees, under the Atomic Energy Act of 1954, as amended, which dictates provisions for a minimum amount of regulation. Section 104(c) states, the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development.
The revised document continues to meet the criteria for a fee exemption under 10 CFR 170.11(a) for the reasons described below.
- 1. 10 CFR 170.11(a)(9) states that no application fees, license fees, renewal fees, inspection fees, or special project fees shall be required for federally-owned and State-owned research reactors used primarily for educational training and academic research purposes and;
- 2. 10 CFR 170.11(a)(1)(ii) states that no fees shall be required for special projects that are requests or reports submitted to the NRC [w]hen the NRC, at the time the request/report is submitted, plans to use the information in response to an NRC request from the Office Director level or above to resolve an identified safety, safeguards, or environmental issue, or to assist the NRC in generic regulatory improvements or efforts (e.g., rules, regulatory guides, regulations, policy statements, generic letters, or bulletins).
We look forward to future engagements with the NRC staff on this matter. Please contact me should you have any questions.
Sincerely, Frances Pimentel Senior Project Manager Fuel and Radiation Safety c:
Jonathan Greives, NRR/DANU Jeff Rady, NRR/DANU/UNPL Andrew Miller, NRR/DANU/UNPL Cameron Goodwin, Chair of TRTR NRC Document Control Desk