ML17255A891

Letter to J. Schlueter NEI Comments on Additional Protocol Reporting Requirements

ML17255A891
Person / Time
Issue date:	09/21/2017
From:	Peter Habighorst, James Rubenstone Office of Nuclear Material Safety and Safeguards, NRC/OIP
To:	Schlueter J Nuclear Energy Institute
A. Jones 287-9084
References
Download: ML17255A891 (3)

Text

September 21, 2017 Ms. Janet R. Schlueter Senior Director, Radiation and Materials Safety

Nuclear Energy Institute 1201 F Street, NW, Suite 1100 Washington, DC 20004

Dear Ms. Schlueter:

The U.S. Nuclear Regulatory Commission (NRC) received your letter dated August 23, 2017, Agencywide Documents Access and Management System (ADAMS) ML17255A021, regarding the NRC's approach to its interpretation of the regulations in Title 10 of the Code of Federal Regulations (10 CFR), Section 110.54(a)(1). These regulations require, in part, that licensees making exports under a general license provide to the U.S. Department of Commerce quarterly reports of exports of nuclear facilities and equipment shipped during the previous quarter.

Your letter expresses the concerns of the Nuclear Energy Institute (NEI) regarding the NRC's interpretation of the reporting requirements in this section of 10 CFR. You note that there appears to be significant confusion for the industry in when and how these requirements apply, due perhaps to unclear guidance. You further express NEI's willingness to work with NRC to assist industry in better understanding these requirements so that they can ensure complete and accurate reporting. Your letter outlines several actions intended to help facilitate better understanding, including clarifying guidance, improving transparency of NRC interpretations of specific requirements, and increasing industry awareness of the requirements. You also

highlight that NRC can exercise enforcement discretion regarding Part 110 reporting violations, if appropriate.

We take note of your proposals to increase industry awareness and expand communication on the Additional Protocol (AP). We are in the process of considering actions to improve our communications on the AP requirements, including several options that align with your

proposals.

In addition, we would like to direct your attention to two recent letters exercising enforcement discretion issued by the NRC, specifically in letters to Westinghouse Electric Company, dated August 21, 2017, ADAMS Accession No. ML17215A945 and Mitsubishi International Company, dated August 24, 2017, ADAMS Accession No.

ML17215A153.

J. Schlueter 2

We appreciate NEI's interest in this topic and encourage you to continue to be involved in NRC's regulatory activities as an industry stak eholder. If you have additional questions on this matter, please contact Andrea R. Jones by email at (andrea.jones2@nrc.gov) or by phone at 301-287-9072.

Sincerely,

/RA/ Peter Habighorst, Chief Export Controls and Nonproliferation Branch Office of International Programs

/RA/ James Rubenstone, Chief Material Control and Accounting Branch Office of Nuclear Material Safety and Safeguards

ML17255A891 OFFICE OIP/ECNP BC:OIP/ECNP BC:NMSS NAME AJones PHabighorst JRubenstone DATE 09/17/17 09/21/17 09/21/17