ML25076A368
| ML25076A368 | |
| Person / Time | |
|---|---|
| Issue date: | 04/21/2025 |
| From: | Barwell O NRC/OCFO |
| To: | Whitlock M Nuclear Energy Institute |
| Shared Package | |
| ML25076A365 | List: |
| References | |
| OCFO-25-00030, NEI 05-05, Rev 7 | |
| Download: ML25076A368 (1) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Michael Whitlock, Director Security & Incident Preparedness Nuclear Energy Institute 1201 F Street NW, Suite 1100 Washington, DC 20004
SUBJECT:
RESPONSE TO THE NUCLEAR ENERGY INSTITUTES REQUEST FOR A FEE EXEMPTION FOR NEI 05-05, FORCE-ON-FORCE EXERCISE CONTROLLER RESPONSIBILITY, REVISION 7
Dear Michael Whitlock:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated March 5, 2025, (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML25064A434), requesting a fee exemption under Title 10 of the Code of Federal Regulations (10 CFR) 170.11(a)(1)(ii) for the NRCs review of NEI 05-05, Force-on-Force Exercise Controller Responsibilities, Revision 7 as well as any post-submittal meetings associated with the document and any future submissions thereof. Based on the following analysis, I am granting your request for a fee exemption under 10 CFR 170.11(a)(1)(ii) for the NRCs review of NEI 05-05, Revision 7. This fee exemption is only applicable to Revision 7 and associated post-submittal meetings related to the NRCs review of Revision 7 and does not apply to the NRCs review of future submissions of NEI-05-05.
The NRC has established regulations for the granting of fee exemptions under 10 CFR 170.11 Exemptions. An interested person may apply for an exemption under 10 CFR 170.11 in accordance with 10 CFR 170.5, Communications.1 The NRC staff reviewed your request based on the regulations in 10 CFR 170.11(a)(1)(ii) and 10 CFR 170.11(d).
Section 170.11(a)(1)(ii) states:
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 to assist the NRC in generic regulatory improvements or efforts (e.g., rules, regulatory guides, regulations, policy statements, generic letters, or bulletins).
1 10 CFR 170.5 provides that All communications concerning the regulations in this part should be addressed to the NRCs Chief Financial Officer, either by mail to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRCs offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM.
April 21, 2025
M. Whitlock Section 170.11(d) states:
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 requested that NRCs review of NEI 05-05, Revision 7, and any future submissions of the guidance document be granted a fee exemption pursuant to the provisions under 10 CFR 170.11. Your letter states that the guidance in this document addresses the knowledge and skills necessary to be a controller in both a licensee Force-on-Force (FOF) exercise, as well as the NRC-evaluated FOF as part of Inspection Procedure 71130.03, Contingency Response - Force-on-Force Testing. Your letter also states that NEI 05-05, Revision 7, is intended to provide acceptable simulations and control measures for a broad range of expected tactics and that it was created, in part, to incorporate controlling measures that have been identified in FOF exercises since the NRCs previous endorsement of NEI 05-05, Revision 6 on October 25, 2018 (ML18297A295). Further, your letter states that NEI 05-05, Revision 7 will address explosive artificialities and simulations which challenge the realism associated with the exercise as described in COMSECY-19-0006 Revised Security Inspection Program Framework (Option 3) in Response to SRM-17-0100, dated May 21, 2019 (ML19058A094).
In the staffs efforts to implement the Commissions direction under SRM-COMSECY-19-0006, the staff has identified potential changes to be incorporated into its inspection procedures, including guidance associated with exercise scenario planning and execution, among other things. NRC staff previously reviewed NEI 05-05, Revision 6 and concluded that the guidance was acceptable for use by licensees in controlling FOF exercises. Similarly, if NEI 05-05, Revision 7 is endorsed by the NRC, the NRC staff expects that it will be used during FOF drills and exercises during inspections conducted under Inspection Procedures 71130.03 and 71130.05, Protective Strategy Evaluation and Performance Evaluation Program, and thus help to satisfy the identified need for further guidance. Additionally, this guidance will be made available upon request to all power reactor licensees at no cost.
Therefore, I am granting your request for a fee exemption request under 10 CFR 170.11(a)(1)(ii) for the NRCs review of NEI 05-05, Revision 7, because this revision will assist the NRC with generic regulatory improvements or efforts. However, this approval is not applicable to any future revisions of NEI 05-05. If NEI ultimately submits future revisions for review, NEI may submit a fee exemption request for the endorsement review at that time. Consistent with its regulations, the NRC will make an evaluation of a fee exemption request for NRC review of a document at the time such document is submitted to NRC for review.
If you have any technical questions regarding this matter, please contact Becca Lagios at 301-415-3301. Please contact Billy Blaney, of my staff, at 301-415-5092 for any fee-related questions.
Sincerely, Owen F. Barwell Chief Financial Officer Signed by Barwell, Owen on 04/21/25
M. Whitlock
SUBJECT:
RESPONSE TO THE NUCLEAR ENERGY INSTITUTES REQUEST FOR A FEE EXEMPTION FOR NEI 05-05, FORCE-ON-FORCE EXERCISE CONTROLLER RESPONSIBILITY, REVISION 7, DATED: APRIL 21, 2025 DISTRIBUTION: OCFO-25-00030 NAridi, OCFO MVelasquez, OCFO RidsNSIROd Resource EXTERNAL DISTRIBUTION:
mlw@nei.org ADAMS Accession Number: ML25076A365 Package; ML25076A368 Letter OFFICE OCFO/DOB OCFO/DOB NSIR/DSO NSIR/DSO NAME BBlaney CGalster BLagios BYip DATE 03/17/2025 03/18/2025 03/18/2025 03/18/2025 OFFICE OGC OCFO/DOC OCFO/DOC OCFO/DOB NAME ELicon*NLO RMorton MBlair JAreas DATE 03/28/2025 03/28/2025 04/03/2025 04/03/2025 OFFICE OCFO/DOB OCFO/DOB DCFO CFO NAME LYee MNeville CCarroll OBarwell DATE 04/08/2025 04/03/2025 04/12/2025 04/21/2025 OFFICIAL RECORD COPY