ML22201A125

Final Supporting Statement for Cooperation with States at Nuclear Power Plants (2022 Renewal)

ML22201A125
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Issue date:	08/04/2022
From:	Office of Nuclear Material Safety and Safeguards
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ML22201A123	List: ML22201A125
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OMB-3150-0163
Download: ML22201A125 (8)

Text

FINAL SUPPORTING STATEMENT FOR NRC'S POLICY OF COOPERATION WITH STATES AT COMMERCIAL NUCLEAR POWER PLANTS AND OTHER NUCLEAR PRODUCTION AND UTILIZATION FACILITIES

(3150-0163)

REVISION

Description of the Information Collection

The Atomic Energy Act of 1954 (AEA) includes Section 274, "Coop eration with States," which authorizes the U.S. Nuclear Regulatory Commission (NRC) to ente r into agreements with any State, or group of States, to perform health and safety inspect ions or other functions on a cooperative basis, as the Commission deems appropriate. Also, S ection 161 of the AEA allows the NRC to "...utilize or employ the services of personnel of a ny government agency or any State or local government, or voluntary or uncompensated person nel, to perform such functions on its behalf as may appear desirable."

The information collection requirements for which renewal of th e Office of Management and Budget (OMB) approval is being sought are contained in an exist ing NRC policy statement entitled, "Cooperation with States at Commercial Nuclear Power Plants and Other Nuclear Production or Utilization Facilities" (Cooperation with States ), which was published at 57 Federal Register (FR) 6462 on February 25, 1992. The Cooperation with States policy statement sets a uniform means for States to observe and partic ipate in NRC inspections at NRC-licensed facilities. Further, federally recognized Indian T ribes may also observe and participate in NRC inspections at NRC-licensed facilities; howe ver, this is a very infrequent occurrence.1 Therefore, this supporting statement refers to States as the r espondents to the information collection, although one federally recognized India n tribe is included among the respondents to the information collection.

States that request to participate in inspections are expected to sign an instrument of cooperation (e.g., a memorandum of understanding) with the NRC and provide information as requested by the policy statement. Entering into an instrument of cooperation with the NRC is voluntary and a State is only subject to the information collec tion requirements if it wishes to sign an instrument of cooperation with the NRC. Currently, the NRC has 22 instruments of cooperation with 10 different States. States that would like to observe inspections and/or inspection entrance and exit meetings must submit a written req uest to the NRC but are not required to enter into an instrument of cooperation with the NR C.

An instrument of cooperation and the associated information req uirements from a State are also required when a State wishes to assign a State Resident Enginee r at an NRC-licensed facility.

There are 93 operating power reactors located in 28 States (wit h two reactors currently under construction); however, only one State (Illinois) has signed an instrument of cooperation with the NRC regarding Resident State Engineers.

1 In 1997, after the Prairie Island Indian Community (PIIC) expressed interest in accompanying NRC inspectors during inspections at Prairie Island Nuclear Generating Plant, the Commission determined that tribal representatives could observe NRC inspections at the plant. The PIIC was authorized to observe NRC radiation protection inspections later that year.

NRC Management Directive 5.2, Cooperation with States at Comme rcial Nuclear Power Plants and Other Nuclear Production or Utilization Facilities and the Directive Handbook (Agencywide Documents Access and Management System Accession No. ML18073A141) put the NRCs Cooperation with States policy into action and outline how th e NRC will interact with States on matters pertaining to nuclear power plants and other nuclear pr oduction or utilization facilities.

States that wish to observe NRC inspections and/or inspection e ntrance and exit meetings are subject to the following information requests

1) Requests should be made in writing and should identify the s pecific inspection the State wishes to observe;

2) States must review and sign a Protocol Agreement for State Observation of NRC Inspections prior to conducting an observation; and

3) Prior to the inspection, the State will make advance arrange ments with the licensee for site access training, badging, and obtaining the appropriate se curity clearance (if necessary). This typically involves coordinating with the licen see to provide identity information and taking a short site access training course eith er in-person at the site or online.

States that wish to participate in NRC inspections must propose an instrument of cooperation identifying the specific inspections with which they wish to as sist the NRC, and containing specific elements, including specifying minimum education, expe rience, training, and qualifications requirements for State representatives. States t hat enter into an instrument of cooperation with the NRC regarding participation in NRC inspect ions may be subject to the following information requests

1) Provide recommendations for NRC inspection plans on a monthl y basis;

2) Allegations received by State Resident Engineers will be pro vided to the NRC;

3) Results of State inspections will be discussed in a timely m anner with the NRC;

4) Situations with immediate safety or security significance wi ll be immediately communicated to the licensee and the NRC;

5) Any written communications to the licensee will be made thro ugh the NRC;

6) The State and the NRC will meet periodically (at least annua lly) to exchange information on matters of common concern pertinent to the instrument of coo peration; and

7) Press releases regarding the States activities under the in strument of cooperation will be provided to the NRC before issuance.

The frequency of these information requests is dependent on whe ther an instrument of cooperation is being signed, and is primarily driven by the fre quency of inspections and/or inspection entrance and exit meetings the State would like to e ither observe or participate in.

Question number 12 below, Estimated Burden and Burden Hour Cos ts, estimated that among the 33 States that host NRC-licensed facilities, each State may wish to observe two inspections (and associated entrance and exit meetings) per year. Entering into an instrument of

cooperation with the NRC is not considered to be a frequent eve nt (23 of these instruments of cooperation have already been signed with 10 different States a nd thus are already in effect);

and the NRC estimated potentially one new additional instrument of cooperation every 10 years). Because no new instruments of cooperation are antici pated during the three-year clearance period, no burden was included for this requirement.

This current information collection clearance request does not include any estimated burden for reimbursable inspections conducted under Section 274i. of the A EA. Since the NRCs 2016 application for extension of the OMB clearance for Cooperation with States, all Agreement States have adopted regulations adequate and compatible with th e requirements at Title 10 of the Code of Federal Regulations (10 CFR), Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material (10 CFR Part 37). Subsequently, the NRC rescinded the NRC security orders issued under the NRCs common defense and security authority, and reimbursable inspections conducted under Section 274i. of the AEA ceased due to the Agreement States now having the authority to conduct the inspections under their own regulations. The NRC does not antic ipate entering into new agreements for reimbursable inspections in the 2023-2026 time period, however, future clear ance requests could again include estimates of burden for these agreements.

A. JUSTIFICATION

1. Need for and Practical Utility of the Collection of Informat ion

States are involved and interested in monitoring the safety status of NRC-licensed facilities. This involvement is, in part, in response to the States' public health and safety responsibilities and, in part, in response to their citizens' desire to become more knowledgeable about the safety of nuclear power plants and other nuclear production or utilization facilities. States have identified NRC inspections as one possible source of knowledge for their perso nnel regarding NRC-licensed facility activities, and the NRC, through the poli cy statement on Cooperation with States, has been amenable to accommodating t he States needs in this regard.

The information collected is necessary to: 1) allow the States and the NRC to reach an agreement covering cooperative activities; 2) ensure c lear roles for the State; 3) allow the needed coordination between States and the NRC for the conduct of inspections; 4) ensure that the State inspectors (i. e., State Resident Engineers) are qualified; 5) ensure that the information can be used by the NRC; and 6) address the results of the State activities (e.g., inspe ction results, inspection observations, and potential licensee violations iden tified as a result of the State inspection activities).

2. Agency Use of the Information

The information collected in accordance with Cooperation with States will be used to: 1) achieve a better understanding of the interests of States; 2) enable State observation or participation in inspections and/or entran ce and exit meetings; 3) contribute to the NRCs oversight of regulated act ivities at nuclear power plants and nuclear production or utilization facilities; 4) develop inspection procedures; 5) identify potential violations of NRC regulatory requirements,

non-conformances, and allegations; and 6) enable States to part icipate in the assessment and disposition of potential enforcement issues.

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 submitta l of documents to the NRC. Electronic transmission and submittal of documents can be accomplished via the following avenues: the Electronic Informat ion Exchange process, which is available fr om the NRC's Electronic Submittals Web page, by Optical Storage Media (e.g., CD-ROM, DVD), by facsimile or by e mail. It is estimated that approximately 90 percent of the potential respon ses made under this clearance are filed electronically. However, some response s, such as those responding to requests for additional information related to in spections or communications to NRC licensees may be verbal through discussio ns with NRC staff.

4. Effort to Identify Duplication and Use of Similar Informatio n.

No sources of similar information are available. There is no d uplication of requirements.

5. Effort to Reduce Small Business Burden.

Federally recognized Indian Tribes, which may have less resourc es than States, may also request to observe inspections and/or inspection entra nce and exit meetings. The NRC has made efforts to minimize the requirements for inspection observation by both States and Federally recognized Indian Trib es. Site access training, badging, and obtaining the appropriate security clear ance are necessary to observe an NRC inspection, however these activities are arra nged by the NRC licensee and only require coordination on the part of the inter ested State or federally recognized Indian Tribe. Furthermore, the NRC allows States and Federally recognized Indian Tribes to determine the technical a nd professional competence of its representatives.

6. Consequences to Federal Program or Policy Activities if the Collection Is Not Conducted or Is Conducted Less Frequently.

The frequency of these information requests are dependent on wh ether an instrument of cooperation is being signed, and are primarily dr iven by the frequency of inspections and/or inspection entrance and exit me etings the State would like to either observe or participate in. Information to initiate an instrument of cooperation is collected once upon development of the instru ment of cooperation, and subsequently only if there are State personnel changes.

Information is collected each time a State would like to observ e and/or participate in an inspection, or an inspection entrance or exit meeting, at a commercial nuclear power plant or other nuclear production or utilization facility.

Not collecting this information or collecting it on a less-freq uent basis would harm the States by limiting their ability to become knowledgeable ab out the safety of nuclear power plants and other nuclear production or utilizatio n facilities

operating in, or near, their State, and it would reduce the NRC s ability to be responsive to States interests in performing health and safety inspections at NRC-licensed facilities. Because this information is required f or initiation of the States proposed instrument of cooperation, the frequency of th e information collection cannot be changed. Furthermore, without the informat ion collection, States would not be permitted to observe or participate in insp ections and/or inspection entrance and exit meetings.

7. Circumstances Which Justify Variation from OMB Guidelines.

There is no variation from OMB Guidelines.

8. Consultations Outside the NRC.

Opportunity for public comment on the information collection re quirements for this clearance package was published In the Federal Register on April 25, 2022 (87 FR 24348).

The following respondents were contacted as part of the consult ation process by email:

Jack Priest of the Massachusetts Bureau of Environmental Health Adnan Khayyat of the Illinois Emergency Management Agency Mike Snee of the Ohio Department of Health James Grice of the Colorado Department of Public Health and the Environment Charlotte Sullivan of the Texas D epartment of State Health Services Ashley Forbes of the Texas Commission on Environmental Quality

No comments were received in responses to these consultations.

9. Payment or Gift to Respondents.

Not applicable.

10. Confidentiality of the Information.

Confidential and proprietary information is protected in accord ance with NRC regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b).

11. Justification for Sensitive Questions.

Not applicable.

12. Estimated Burden and Burden Hour Cost.

There are 32 respondents to the information collection, includi ng:

• 28 States with nuclear power plants or within 10 miles of a pl ant

• 3 States with non-nuclear power plant facilities (i.e., fuel c ycle facilities), and

• One Federally recognized Tribe within 10 miles of an NRC-licen sed facility (i.e., Prairie Island).

The estimated annual burden for the information collection is a s follows:

Responses Burden per per Total Cost at Respondents respondent Responses response burden $288/hr Observing NRC Inspections at Nuclear Power Plants 32 2 64 9 576 $165,888 Participating in NRC Inspections at Nuclear Power Plants 1 143 143 5 715 $205,920 Developing a New Instrument of Cooperation 0 0 0 500 0 $0

Total 33 207 1,291 $371,808

Hours Spent on Submission of Information Collections for Observ ing NRC Inspections at Nuclear Power Plants - 576 hours0.00667 days <br />0.16 hours <br />9.523809e-4 weeks <br />2.19168e-4 months <br />

32 State respondents at 2 responses per State respondent = 64 responses

64 inspections x 9 hours1.041667e-4 days <br />0.0025 hours <br />1.488095e-5 weeks <br />3.4245e-6 months <br /> per response = 576 hours0.00667 days <br />0.16 hours <br />9.523809e-4 weeks <br />2.19168e-4 months <br /> Total annual cost = $165,888 (576 hour0.00667 days <br />0.16 hours <br />9.523809e-4 weeks <br />2.19168e-4 months <br />s/year x $288/hour).

(Information collection for observations of NRC inspections at nuclear power plants includes: submitting written requests to observe inspection(s); reviewing and signing protocol agreement; and complying with licensee site access requirements.)

Hours Spent on Submission of Information Collections for Partic ipating in NRC Inspections at Nuclear Power Plants - 715 hours0.00828 days <br />0.199 hours <br />0.00118 weeks <br />2.720575e-4 months <br />

1 State respondent (host to 3 nuclear power plants) at 143 res ponses per year = 143 responses 143 responses x 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> per response = 715 hours0.00828 days <br />0.199 hours <br />0.00118 weeks <br />2.720575e-4 months <br /> Total annual cost = $205, 920 (715 hour0.00828 days <br />0.199 hours <br />0.00118 weeks <br />2.720575e-4 months <br />s/year x $288/hour)

Information collection includes providing input on NRC inspection plans; modifying State inspections; provid ing allegation information to NRC; discussing inspection results with NRC; reporting immediate safety or security concerns to the NRC; meeting with NRC to discuss matters of concern common to the instrument of cooperation; providing press releases to the NRC (if applicable); and providing written communication to the licensee through the NRC.

Hours Spent on Submission of Information Collections for Develo ping a New Instrument of Cooperation - 0 hours0 days <br />0 hours <br />0 weeks <br />0 months <br />. No responses are anticipat ed during the clearance period. In the future, if a response is received, the NRC estimates that it would require 500 hours0.00579 days <br />0.139 hours <br />8.267196e-4 weeks <br />1.9025e-4 months <br /> of burden.

Information collection includes specifying minimum education, experience, training, and qualifications requirements for State representatives; and specifying cooperative activities and roles for the State.

13. Estimate of Other Additional Costs.

The NRC used to charge the States for this training. The NRC do es not charge the States for this training.

The estimated additional costs went from $27,024 to $0 due to t he implementation of the policy of not charging the States for tra ining.

14. Estimated Annualized Cost to the Federal Government.

It is estimated that the NRC staff expends an average of 545 pr ofessional hours annually in support of this program, resulting in a cost of $15 6,960 (545 hours0.00631 days <br />0.151 hours <br />9.011243e-4 weeks <br />2.073725e-4 months <br /> x

$288/hr.).

15. Reasons for Changes in Burden or Cost.

Based on changes in the nuclear industry, the NRC expects that the number of expected respondents observing NRC inspections at nuclear power plants will decrease by one from the previous submission. This reduces the number of responses by 2 with a corresponding decrease in burden of 18 ho urs.

The estimated burden per response for States observing or parti cipating in inspections (9 hours1.041667e-4 days <br />0.0025 hours <br />1.488095e-5 weeks <br />3.4245e-6 months <br /> for observing inspections and 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> for participating in inspections) has not changed.

In addition, the fee rate has increased from $279 to $288/hr.

16. Publication for Statistical Use.

There is no application of statistics in the information collec tion. There is no publication of this information.

17. Reason for Not Displaying the Expiration Date.

The Paperwork Reduction Act Statement is in the policy statemen t; however, it is impractical to put the expiration date in the policy statement (last published in 1992). Doing so would require republishing the policy statement every time a renewal of the information collection requirements was approved by OMB.

18. Exceptions to the Certification Statement.

There are no exceptions.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

Not applicable.