ML19324D152

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Fee Waiver Response NEI 17-04, Revision 1, to Chris Earls from Maureen E. Wylie
ML19324D152
Person / Time
Issue date: 12/20/2019
From: Maureen Wylie
NRC/OCFO
To: Earls C
Nuclear Energy Institute
smh
References
Download: ML19324D152 (3)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 20, 2019 Mr. Chris Earls Senior Director, Regulatory Affairs Nuclear Energy Institute 1201 F Street NW, Suite 1100 Washington, DC 20004

Dear Mr. Earls:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated November 12, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19318D134), requesting a fee waiver under Section 170.11(a)(1)(ii) of Title 10 of the Code of Federal Regulations (10 CFR) for NRC review and endorsement of NEI 17-04, Model SLR New and Significant Assessment Approach for SAMA, Revision 1, dated August 2019.

The NRC has established regulations for the granting of fee exemptions under 10 CFR 170.11, Exemptions, which may be applied for in accordance with 10 CFR 170.5, Communications.1 The NRC staff has reviewed your request based on the following regulations, 10 CFR 170.11(a)(1)(ii) and 10 CFR 170.11(a)(13):

10 CFR 170.11(a) No application fees, license fees, renewal fees, inspection fees, or special project fees shall be required for: (1) A special project that is a request/report submitted to the NRC . . . (ii) When 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).

10 CFR 170.11(a)(13) All fee exemption requests must be submitted in writing to the Chief Financial Officer in accordance with § 170.5, and the Chief Financial Officer will grant or deny such requests in writing.

In your letter you state that NEI 17-04, Revision 1, reflects changes to address challenges that were identified during preparation and processing of the evaluations in three lead plant subsequent license renewal (SLR) applications for significance of new information related to previously completed severe accident mitigation alternatives analyses. These changes clarify the definition of severe accident mitigation alternatives (SAMAs) to be analyzed in the first 1 10 CFR 170.5 provides that All communications concerning the regulations in this part should be addressed to the NRC's Chief Financial Officer, either by mail to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM.

C. Earls stage of the model approach (Stage 1) and clarify the processes that may be used in Stage 1 to estimate risk reduction.

If approved and endorsed by the NRC, the use of this guidance will support increased regulatory efficiency of agency efforts because it will provide a consistent approach for implementing the requirements in 10 CFR Part 51 applicable to license renewals. Further, the methods evaluated under this process will be used by many licensees in completing and submitting SLR applications, which will increase NRC efficiency in completing an application review and reduce the burden substantially. The guidance in this document is generic to the industry and not specific to any nuclear power plant. Therefore, NEI 17-04 meets the requirements of 10 CFR 170.11(a)(1)(ii).

The NRC staff concludes that NEIs request for NRC review of NEI 17-04, Model SLR New and Significant Assessment Approach for SAMA, Revision 1, dated August 2019, meets the criteria under 10 CFR 170.11(a)(1)(ii) because the use of the guidance will assist the NRC in generic regulatory improvements or efforts; therefore, the fee waiver request is approved. The NRC will make NEI 17-04, Revision 1, available to all licensees if accepted for use. Any future revisions should be submitted for fee waiver consideration under 10 CFR 170.11(a)(1)(ii).

If you have any technical questions regarding this matter, please contact Mr. Jerry Dozier at 301-287-3925. Please contact Ms. Jo Jacobs, of my staff, at 301-415-8388 for any fee-related questions.

Sincerely,

/RA/

Maureen E. Wylie Chief Financial Officer

SUBJECT:

LETTER TO CHRIS EARLS RESPONSE TO FEE WAIVER NEI WHITE PAPER DATED: December 20, 2019 DISTRIBUTION:

JRikhoff, NMSS JDozier, NRR KFolk, NMSS BHamilton, OCFO RidsNrrOd Resource ADAMS: Yes No Initials: JJ SUNSI Review: JJ Publicly Available Non-Publicly Available Sensitive Non-Sensitive ADAMS Accession No: ML19323E973 (pkg); ML19318D161 (incoming);

ML19324D152 (letter) *via e-mail OFFICE OCFO/DOB/LFPT OCFO/DOB/LFPT NMSS/REFS/ELRB NRR/DNRL/NLRP NAME JJacobs WBlaney RElliott* EOesterle DATE 11/19/19 11/20/19 11/26/19 11/22/19 OFFICE NRR/DRA/ARCB NRR/DNRL NRR/DRA OGC KHsueh ABradford* GBowman* CMcCann*

NAME (John Parillo for)*

DATE 11/26/19 11/22/19 11/26/19 12/16/19 OFFICE OCFO/DOC/LAFBB OCFO/DOC/LAFBB OCFO/DOB/LFPT OCFO/DOB JGibbs-Nicholson MBlair* ARossi MSampson NAME (Megan Blair for)*

DATE 12/16/19 12/16/19 12/17/19 12/17/19 OFFICE OCFO/DOB DCFO CFO NAME JShay BFicks MEWylie DATE 12/20/19 12/ /19 11/20/19 OFFICIAL RECORD ONLY