FINAL SUPPORTING STATEMENT
FOR
NRC ONLINE FORM, “REQUEST FOR ALTERNATIVE UNDER 10 CFR PART 50.55a(z)(1) AND 10 CFR 50.55a(z)(2)”
(3150-0244)
REVISION
DESCRIPTION OF THE INFORMATION COLLECTION
Title 10 of the Code of Federal Regulations (10 CFR) 50.55a incorporates by reference Division 1 rules of Section III, "Rules for Construction of Nuclear Power Plant Components," and Section XI, "Rules for Inservice Inspection of Nuclear Power Plant Components," of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code (B&PV Code); and the rules of the ASME “Code for Operation and Maintenance of Nuclear Power Plants” (OM Code). These rules of the ASME B&PV and OM Codes set forth the requirements to which nuclear power plant components are designed, constructed, tested, repaired, and inspected.
The regulations under 10 CFR 50.55a(z) allow applicants to use alternatives to the requirements of 10 CFR 50.55a paragraphs (b) through (h) when authorized by the Nuclear Regulatory Commission (NRC). NRC currently collects information related to requests for alternatives under 10 CFR Part 50.55a through the information collection covered by Office of Management and Budget (OMB) Control No. 3150-0264. To facilitate licensees’ requests for alternatives to the requirements in the above regulations, the NRC is providing an online portal which allows licensees to establish corporate level and individual profile pages from which licensing actions can be managed. One specific feature included in the portal will be the ability to submit the required information for a specific alternative request under 10 CFR 50.55a(z) utilizing an enhanced form and included attachment capabilities. The use of the online portal and enhanced form would supplement the existing submission mechanisms for this information collection.
With the current submission, the NRC is seeking to renew this clearance and to obtain approval of a simplified online form which eliminates specific form fields and allows licensees to provide more information using attachments. The development of alternative requests under 10 CFR Part 50.55a is covered by existing information collections. This information collection only addresses the burden to complete and submit the online form.
This information collection applies to all holders of, and certain applicants for, nuclear power plant construction permits and operating licenses under the provisions of 10 CFR Part 50, “Domestic Licensing of Production and Utilization Facilities” who use alternatives to the requirements of 10 CFR 50.55a paragraphs (b) through (h), and applies to an applicant for or holder of an operating license or construction permit issued under Part 50, an applicant for a standard design certification under Part 52 (including an applicant after the Commission has adopted a final design certification regulation), or an applicant for or holder of a standard design approval, a combined license when authorized by the NRC.
JUSTIFICATION
1. Need for and Practical Utility of the Collection of Information
10 CFR Part 50.55a incorporates by reference the ASME B&PV and OM Codes that set forth the requirements to which nuclear power plant components are designed, constructed, tested, repaired, and inspected. NRC is introducing a revised, optional online form to simplify filing and reduce burden for licensees submitting requests for alternatives to the requirements of 10 CFR 50.55a under 10 CFR 50.55a(z). Licensees will retain the option to file applications using the existing mechanisms, should they so choose.
The information collected by the online form is needed by NRC to make a determination on the acceptability of the licensee’s request for an alternative. In addition to the online form, licensees can currently submit their alternative requests through the NRC’s Electronic Information Exchange or by mail.
2. Agency Use of Information
The NRC uses the information collected by this form to determine that licensees’ requests for alternatives satisfy the requirements of 10 CFR 50.55a(z) and demonstrate (1) an acceptable level of quality and safety; or (2) a hardship without a compensating increase in quality and safety. The NRC will evaluate the information collected by this form in the same way that it evaluates information that licensees currently submit when they file requests for alternatives under 10 CFR Part 50.55a.
3. Reduction of Burden through Information Technology
The requested information will be submitted via the web-based electronic form. The added capabilities within the portal will allow licensees to reduce repetitious demographic information inputs and provide a platform for document development and peer review within the system. It is estimated that up to 100 percent of the responses may be filed electronically.
4. Effort to Identify Duplication and Use Similar Information
No sources of similar information are available. There is no duplication of requirements.
5. Effort to Reduce Small Business Burden
NRC staff estimates that no respondents will be small businesses.
6. Consequences to Federal Programs or Policy Activities if the Collection is Not Conducted or is Collected Less Frequently
If the collection were not conducted, there would not be an online form option to supplement the existing reporting mechanisms. If the online form is not available to licensees to use to submit their requests, there may be greater burden on the licensees, in terms of time and resources, to submit requests through existing methods.
7. Circumstances which Justify Variation from OMB Guidelines
8. Consultations Outside the NRC
Opportunity for public comment on the information collection requirements for this clearance package was published in the Federal Register on May 20, 2025 (90 FR 21514). Additionally, staff contacted five stakeholders via email. These include Duke Energy Progress, LLC, Entergy Nuclear Operations, Inc., NextEra Energy, PSEG Nuclear, LLC, and Southern Nuclear Operating Co., Inc.
The staff received one comment from the FRN notice; the comment has been determined to be out of scope. No additional responses were received because of the FRN or the staff’s direct solicitation for comments.
9. Payment or Gift to Respondents
Not applicable.
10. Confidentiality of the Information
Confidential and proprietary information is protected in accordance with NRC regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b).
11. Justification for Sensitive Questions
No sensitive information is requested. If sensitive information is provided by licensees within these submittals there are processes for appropriately marking them non-public for security reasons or marking sections as “proprietary” per 10 CFR 2.390(b).
12. Estimate of Industry Burden and Costs
The estimated burden to submit an alternative request using the online form is 2 hours. The use of the online form is expected to streamline the alternative request submission process and potentially reduce the burden to submit a request.
The NRC estimates the Part 50 respondents are: 94 - Operating Power Reactors, 1 ‑ Early Site Permit, Light Water Reactor, 10 - Construction Permit, non-Light Water Reactor/adv Reactor, 1 - Construction Permit, Light Water Reactor, 7 - Operating License, non-Light Water Reactor/adv Reactor, 1 - Operating License, Light Water Reactor. NRC staff estimates that each of the 114 Part 50 respondents will submit 3 requests annually for a total of 342 (114 x 3 = 342) annual requests.
The Part 52 Respondents (applicants/holders) are: 6 - Early Site Permit Holders, 8 ‑ Combined License Holders, 1 - Early Site Permit Applicants, 1 - Standard Design Certification Applicant, 6 - Combined License Applicant, 2-Standard Design Approval applicant, and 2 - Manufacturing License Applicant. NRC staff estimates that each of the 26 Part 52 respondents will submit two requests annually for a total of 52 (26 x 2 = 52) annual responses.
The total number of estimated annual requests is 394 (342 Part 50 responses + 52 Part 52 responses) with a total burden of 788 hours (394 x 2 = 798) at a cost $249,796 (788 hours x $317 per hour), see the burden table below:
Burden Table
Respondents |
Number of Respondents |
Responses per Respondent |
Total Responses |
Burden per Response |
Total Annual Burden Hours |
Cost at $317/hour |
Part 50 Respondents |
114 |
3 |
342 |
2 |
684 |
$216,828 |
Part 52 Respondents |
26 |
2 |
52 |
2 |
104 |
$32,968 |
Total |
140 |
- |
394 |
- |
788 |
$249,796 |
The $317 hourly rate used in the burden estimates is based on the Nuclear Regulatory Commission’s fee for hourly rates as noted in 10 CFR 170.20 “Average cost per professional staff-hour.” For more information on the basis of this rate, see the Revision of Fee Schedules; Fee Recovery for Fiscal Year 2024 (89 FR 51789; June 20, 2024).
13. Estimates of Other Additional Costs
There are no additional costs.
14. Estimated Annualized Cost to the Federal Government
The staff has developed estimates of annualized costs to the Federal Government related to the conduct of this collection of information. These estimates are based on staff experience and subject matter expertise and include the burden needed to review, analyze, and process the collected information and any relevant operational expenses. The estimated annual cost to the Federal Government in reviewing the technical and regulatory adequacy of the alternative request is 7,880 hours (394 requests x 20 hours per report) x $317 per hour = $2,497,960.
The staff has developed estimates of annualized costs to the Federal Government related to the conduct of this collection of information. These estimates are based on staff experience and subject matter expertise and include the burden needed to review, analyze, and process the collected information and any relevant operational expenses.
The $317 hourly rate used in the burden estimates is based on the Nuclear Regulatory Commission’s fee for hourly rates as noted in 10 CFR 170.20 “Average cost per professional staff-hour.” For more information on the basis of this rate, see the Revision of Fee Schedules; Fee Recovery for Fiscal Year 2024 (89 FR 51789; June 20, 2024).
15. Reasons for Change in Burden or Cost
External programs contributing to the progression of advanced reactor designs, causing an influx of applications for construction permits, early site permits, standard design approvals and certifications, manufacturing license, combined licensees, for commercial nuclear power reactors, as well as operating licenses related to the licensing processes that apply to light-water reactors (LWR) and non-LWRs increased the estimated respondents by 36 and the responses by 97 for this clearance cycle.
The previous enhanced form introduced excessive opportunity for error when developing the required information. The NRC staff has evaluated the electronic submission format and has determined that the previous submission format could be simplified, reducing the burden from 6 to 2 hours per submission, while still gathering the necessary information. The change in the burden per response results in a decrease in the estimated annual burden of 994 hours. The revised online form removes several fields and peer review features and simplifies the submission process. These changes are supported by feedback from the focus groups held with industry representatives under OMB Control Number 3150-0217.
The following fields have been removed from the current online form in order to simplify the collection of information:
Reason for Request
Full Description of Proposed Alternative
Description of Basis for Use
Include Any Additional Information
Precedents
References
The hourly fee rates increased from $279 per hour to $317 per hour for professional effort in this clearance.
16. Publication for Statistical Use
None.
17. Reasons for Not Displaying the Expiration Date
The expiration date is displayed on the online form.
18. Exceptions to the Certification Statement
There are no exceptions to the certification statement.
B. Collection of Information Employing Statistical Methods
Statistical methods have not been used in this collection of information.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Modified | 0000-00-00 |
| File Created | 0000-00-00 |