ML20211H734
| ML20211H734 | |
| Person / Time | |
|---|---|
| Issue date: | 08/27/1999 |
| From: | Funches J NRC OFFICE OF THE CONTROLLER |
| To: | Lang J ELECTRIC POWER RESEARCH INSTITUTE |
| References | |
| NUDOCS 9909020156 | |
| Download: ML20211H734 (3) | |
Text
, 4 410 g % UNITED STATES
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20086-0001 g# August 27, 1999
,i Electric Power Research Institute Attn: Mr. James F. Lang Director, Power Production 3412 Hillview Avenue P.O. Box 10412 Palo Alto, CA 94303-0813
Dear Mr. Lang:
I am responding to your April 22,1999, letter requesting a walver of the fee for the review of the Electric Power Research institute's, (EPRI), RETRAN-3D computer program. As explained below, I have determined that the review of the RETRAN-3D computer program does not meet the criteria for a waiver of the 10 CFR Part 170 fees.
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The EPRI reactor safety analysis code, RETRAN 3D, was submitted on July 8,1998, for NRC's review and approval. EPRI's bases for requesting a waiver of the review fee are three items:
(1) NRC's review of this code falls under 10 CFR 170.21 J, Footnote 4, which provides that fees will not be assessed for requests / reports submitted to the NRC as a means of exchanging information between industry organizations and the NRC for the purpose of supporting generic regulatory improvements or efforts; (2) EPRI is a nonprofit organization that conducts collaborative R&D on behalf of the U.S.; (3) there is extensive historic precedent regarding fee waivers for NRC's review of EPRI documents. To assist us in cur review, we requested information concoming the proprietary nature of the code. We received a July 7,1999, letter from Mr. Gary Vine, Washington Representative for EPRI, clarifying that the code, although l proprietary, would be available to the industry.
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For the following reasons, I am denying your request for a waiver of the 10 CFR Part 170 fees.
The EPRI submittal does not support generic regulatory improvements or efforts. The topical i report describes a computer code that will certainly be used by many individual licensees and reactor vendors to support individual licensing actions. Although the code may be used on occasion to support generic effort by licensees to resolve issues, it is more likely to be used on ,
an individual plant basis. Therefore, the RETRAN-3D computer program does not meet the criteria of Footnote 4,10 CFR 170.21. While Mr. Vine's letter resolved the issue of the code's availability to the industry, the fact remained that the staff is not using this review for the purpose of supporting generic regulatory improvements. Further, the fact that EPRI is a nonprofit organization is not sufficient justification to grant a waiver of the fee. Part 170 fees are assessed to nonprofit organizations, except certain nonprofit educational institutions.
With regard to the NRC's historical review of EPRI documents without a fee, waivers of the fee requirements are granted or denied based on the facts in each case. For example, the EPRI reports on license renewal submitted by NEl were granted an exemption of the Part 170 fees because the staff supported the waiver request with the statements documented in the September 19,1998, letter as follows:
9909020156 990827 PDR TOPRP EXIEPRI C PDR
.o J:mes F. Lang The reports will support staff resolution of technicalissues and the establishment of
., guidance that will be of generic benefit to license renewal applicants.
Resolution of the issues addressed by the reports will aid in improving the NRC's license renewalimplementation guidance and the stability and predictability of the j regulatory process for license renewal. Results of the review will be considered for I
incorporation into the NRC's Standard Review Plan for License Renewal. l The reports are available for use by all licensees and the public.
NRC staff began its review of the RETRAN-3D computer program in September 1998 and the review is ongoing. At this time, there are seven unpaid invoices as follows: l Invoice Number Review Period invoice Date Amt. Due TAC Number j RLOO78-99 6/21/98-9/26/98 11/7/98 $2,480 MA2390 RLO335-99 9/27/98 g 2/99 2/16/99 $23,436 MA2390 RLO378-99 ' 3/99-3/27/99 4/26/99 $10,188 MA2390 RLO384-99 1/3/99-3/27/99 4/26/99 $18,154 MA4307 RLO385-99 1/3/99-3/27/99 4/26/99 $9,424 MA4309 RLO386-99 1/3/99-3/27/99 4/26/99 $24,316 MA4310 RLO388-99 1/3/99-3/27/99 4/26/99 $5,022 MA4649 These invoices are due and payable. I will waive alllate charges that have accrued on these invoices if payment is received within 30 days from the date of this letter. Otherwise, alllate charges will be accrued from the date of the invo'ces.
If you have any questions about the invoices, contact Ellen Poteat at 301415-6392.
Sincerely, fec&)e4m?fsosw t4M~.
Jesse L. Funches Chief FinancialOfficer cc: Mr. Gary Vine Distribution: (See attached list)
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