ML18338A252

10/31/18 Usnrc Presentations at the National Organization of Test, Research, and Training Reactors Annual Conference 2018 by Ed Helvenston, Nrr/Dlp Entitled License Amendment Requests and 10 CFR 2.390 Withholding

ML18338A252
Person / Time
Issue date:	10/31/2018
From:	Edward Helvenston Research and Test Reactors Licensing Projects Branch
To:
Helvenston E
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ML18333A271	List: ML18333A273 ML18333A274 ML18333A275 ML18333A276 ML18333A277 ML18333A278 ML18338A252
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License Amendment Requests and 10 CFR 2.390 WithholdingEd Helvenston, Project ManagerRTR Licensing Branch, U.S. NRCTRTR Annual MeetingOctober 31, 2018 License Amendments Regulations10 CFR 50.59(c)(1): a license amendment is required if: 1) TS changes are required; and/or 2) any of the eight criteria in 10 CFR 50.59(c)(2) are met50.90describing the changes desired, and following, as far as NUREG-1537)50.92(a): in determining whether to issue an amendment, NRC is 2 License Amendment Requests (LARs) Pre-SubmissionEarly communication with NRC Project Managerconfer informally with NRC staff3 LARs SubmissionSend to NRC Document Control Desk, or use NRC Electronic Information Exchange system (10 CFR 50.4(a))Must submit under oath or affirmation (10 CFR 50.30(b))Cover letter may include requested priority/timeframe/schedule (with basis), if appropriate4 LARs Acceptance ReviewsIs there is sufficient technical information in scope and depth to allow NRC to begin detailed technical review?Does the LAR have any readily apparent information insufficiencies with respect to regulatory requirements or characterization of licensing basis?Acceptance review information requests are separatefrom request for additional information (RAI) process, and are intended to address completeness for docketing (and reduce RAIs)5 LARs Acceptance ReviewsDoes application describe:What is being changed?What is the relation to safety?How is the licensing basis affected?What makes the change acceptable?Are significant calculations or analyses missing?Does application include:Oath or affirmation?Marked-up TS change pages and description/justification for ALLTS/license changes?Physical security, emergency planning, environmental, etc. information, if applicable?6 LARs Acceptance ReviewsGenerally complete within ~30 days from when LAR entered in ADAMSIf LAR is not acceptable for review, NRC may discuss with licensee and send letter providing opportunity to supplementIf LAR is acceptable for review, NRC will begin detailed technical review and send acceptance letter with estimated review schedule7 LARs RAIsNRC staff may request additional information (10 CFR 2.102)RAIs used when information needed to make a regulatory finding is:Not included in initial submission;Not contained in other docketed correspondence; andCannot be reasonably inferred from docketed or other public information.NRC staff may provide draft RAIs to ensure understandingRAI response deadline extensions require a letter to NRC8 LARs Issuance of AmendmentNRC staff must find that: There is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner;There is reasonable assurance that such activities will be conducted in compliance with NRC regulations; andThe issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public.9 LARs Issuance of Amendmentsense?Has the licensee adequately considered implications for normal operation, as well as potential failure scenarios?Has the licensee provided enough detail that the NRC staff can independently reach safety conclusions (e.g., by using its own engineering judgement and/or confirmatory calculations)?10 exemptions, requests for 11 10 CFR 2.390 Overview Licensees submitting a document to NRC may request that the document, or a portion of it, be withheld from public disclosure because it contains certain information (10 CFR 2.390(b))information obtained from a person and privileged or be withheld from disclosure12 10 CFR 2.390 Requirements for Withholding Requests Requirements for withholding requests are in 2.390(b):Make request at the time document is submitted (2.390(b)(1))Mark documents (2.390(b)(1)(i)(A-B))Should generally also provide redacted version (without marking)No requirement to mark transmittal documents if no sensitive information13 10 CFR 2.390 Requirements for Withholding Requests Requirements for withholding requests (continued):Provide affidavit (2.390)(b)(1)(ii-iii))Identifies document to be withheld, and the locations of sensitive information in the documentIdentifies official position of person making affidavitIncludes harm statementDeclares basis for withholding (i.e., which part of 2.390(a))For proprietary information to be withheld under 2.390(a)(4), executed by ownerof information, and addresses with specificity eachof the considerations listed in 2.390(b)(4)(i-v)14 10 CFR 2.390 Criteria for NRC Determination In accordance with 10 CFR 2.390(b)(4)(i-v), when determining withheld from disclosure, the NRC will consider:Whether information has been held in confidence by ownerWhether information is of a type customarily held in confidence by ownerWhether information is transmitted to and received by NRC in confidenceWhether information is available in public sourcesWhether disclosure of information is likely to cause substantial harm 15 10 CFR 2.390 Process Withholding request review is separatefrom a LAR acceptance reviewNRC will generally respond with letter accepting request, or explaining deficienciesGenerally, licensee may request withdrawal of information if a withholding request is not granted16 10 CFR 2.390 A Few Other PointsSecurity-related information: 10 CFR 2.390(d)Personal privacy information: 10 CFR 2.390(a)(6)Public meetings17 Summary18 Thank you for your attention, any questions?Contact information:Ed Helvenston, U.S. NRC301-415-4067Edward.Helvenston@nrc.gov19