ML13176A074

Part 21 Response Letter to NEI Providing Industry Comments on Draft Part 21 Technical Basis as Discussed During April 11, 2013 Public Meeting

ML13176A074
Person / Time
Issue date:	07/02/2013
From:	Marissa Bailey NRC/NMSS/FCSS
To:	Schlueter J Nuclear Energy Institute
Atack S
References
Download: ML13176A074 (3)

Text

July 2, 2013 Ms. Janet R. Schlueter, Director Fuel and Material Safety Nuclear Generation Division Nuclear Energy Institute 1201 F Street, NW, Suite 1100 Washington, DC 20004

SUBJECT:

ACKNOWLEDGEMENT LETTER TO CONFIRM RECEIPT OF MAY 31, 2013, NUCLEAR ENERGY INSTITUTE LETTER PROVIDING INDUSTRY COMMENTS ON DRAFT PART 21 TECHNICAL BASIS AS DISCUSSED DURING APRIL 11, 2013, PUBLIC MEETING

Dear Ms. Schlueter:

This letter is in response to the Nuclear Energy Institutes (NEI) letter, dated May 31, 2013, (Agencywide Documents Access and Management System [ADAMS] Accession No. ML13158A227). The letter provided industry comments on the draft regulatory basis for rulemaking to Title 10 of the Code of Federal Regulation (10 CFR) Part 21, Reporting of Defects and Noncompliances. The U.S. Nuclear Regulatory Commission (NRC) appreciates the industrys interest in the staffs effort to develop the regulatory basis to clarify 10 CFR Part 21 for fuel cycle facilities and has carefully reviewed the content of your letter.

The letter described industry positions regarding the potential rulemaking and its implications for fuel cycle facilities. In the letter, NEI stated that fuel cycle facilities are currently in compliance with NRC Part 21 reporting requirements for identifying, reporting, and sharing generic failures or defects of structures, systems and components that could result in a substantial safety hazard as defined in Part 21. The letter further stated that the safety or regulatory basis for rulemaking to modify Part 21 is unclear.

As a follow-up to discussions held during an April 11, 2013, public meeting (ADAMS Accession No. ML13113A251), the letter provided industry feedback on topics such as definitions of the terms basic component and substantial safety hazard. The letter emphasized the fuel cycle industrys position that the definition of substantial safety hazard is a critical starting point for any clarification to the definition of basic component. The letter also proposed a definition for a fuel cycle facility substantial safety hazard.

The NRC appreciates the industrys engagement in the rulemaking initiative and welcomes continued input and participation in the process. The NRC encourages industry and NEI to carefully review the content of Revision 0 of the draft regulatory basis as well as public meeting transcripts and presentation slides related to the rulemaking (available at the Regulations.gov website under Docket ID NRC-2012-0012) to further understand the basis for the rulemaking.

J. Schlueter 2 The NRC staff is in the process of developing Revision 1 of the draft regulatory basis and will consider the content of the NEI letter as it continues to look for opportunities to improve the draft regulatory basis. The staff, with industry involvement, seeks to ensure that the proposed clarifications to the rule are the most effective, appropriate mechanisms for ensuring safe operation of fuel cycle facilities, compliance with NRC regulatory requirements, and regulatory stability and predictability. The NRC staff will engage the industry in the coming months to plan a public meeting to further discuss the rulemaking as it applies to fuel cycle facilities.

In accordance with 10 CFR 2.390(d) of the NRCs Rules of Practice, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records System component of NRCs document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

If you have any questions, please contact Sabrina Atack of my staff at (301) 287-9075, or via e-mail at Sabrina.Atack@nrc.gov.

Sincerely,

/RA/

Marissa G. Bailey, Director Division of Fuel Cycle Safety and Safeguards Office of Nuclear Material Safety and Safeguards cc: Janet Schlueter, jrs@nei.org Andrew Mauer, anm@nei.org

J. Schlueter 2 The NRC staff is in the process of developing Revision 1 of the draft regulatory basis and will consider the content of the NEI letter as it continues to look for opportunities to improve the draft regulatory basis. The staff, with industry involvement, seeks to ensure that the proposed clarifications to the rule are the most effective, appropriate mechanisms for ensuring safe operation of fuel cycle facilities, compliance with NRC regulatory requirements, and regulatory stability and predictability. The NRC staff will engage the industry in the coming months to plan a public meeting to further discuss the rulemaking as it applies to fuel cycle facilities.

In accordance with 10 CFR 2.390(d) of the NRCs Rules of Practice, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records System component of NRCs document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

If you have any questions, please contact Sabrina Atack of my staff at (301) 287-9075, or via e-mail at Sabrina.Atack@nrc.gov.

Sincerely,

/RA/

Marissa G. Bailey, Director Division of Fuel Cycle Safety and Safeguards Office of Nuclear Material Safety and Safeguards cc: Janet Schlueter, jrs@nei.org Andrew Mauer, anm@nei.org DISTRIBUTION:

FCSS r/f CHaney, NMSS SMoore, NMSS MSimon, OGC ML13176A074 OFFICE FCSS/PORSB FCSS/FMB FCSS/PORSB FCSS NAME SAtack TBrockington MFranovich MBailey DATE 6/26/13 6/26/13 6/27/13 7/2/13 OFFICIAL RECORD COPY