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OMB Control No: 3150-0136	ICR Reference No: 201107-3150-003
Status: Historical Active	Previous ICR Reference No: 200805-3150-004
Agency/Subagency: NRC	Agency Tracking No:
Title: Notices of Enforcement Discretion (NOEDs) for Operating Power Reactors and Gaseous Diffusion Plants (GDP), (NRC Enforcement Policy)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/01/2011
Retrieve Notice of Action (NOA)	Date Received in OIRA: 08/02/2011
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2014	36 Months From Approved	09/30/2011
Responses	21	0	24
Time Burden (Hours)	1,705	0	1,825
Cost Burden (Dollars)	0	0	0

Abstract: The NRC's Enforcement Policy addresses circumstances in which the NRC may exercise enforcement discretion. A specific type of enforcement discretion is designated as a NOED and relates to circumstances which may arise where a nuclear power plant licensee's compliance with a Technical Specification Limiting Condition for Operation or other license conditions would involve: (1) an unnecessary plant shutdown; (2) performance of testing, inspection, or system realignment that is inappropriate for the specific plant conditions; or (3) unnecessary delays in plant startup without a corresponding health and safety benefit. Similarly, for a gaseous diffusion plant, circumstances may arise where compliance with a Technical Safety Requirement or other condition would unnecessarily require a total plant shutdown, or, compliance would unnecessarily place the plant in a condition where safety, safeguards, or security features were degraded or inoperable. A licensee or certificate holder seeking the issuance of a NOED, must document the safety basis for the request, including: an evaluation of the safety significance and potential consequences of the proposed request, a description of proposed compensatory measures, a justification for the duration of the request, the basis for the licensee's or certificate holder=s conclusion that the request does not have a potential adverse impact on the public health and safety, that there will be no adverse consequences to the environment, and any other information the NRC staff deems necessary before the NRC staff makes a decision whether to exercise discretion. In addition, the NRC's Enforcement Policy includes a provision allowing licensees to voluntarily adopt fire protection requirements contained in the National Fire Protection Association Standard 805, "Performance Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants, 2001 Edition" (NFPA 805). Licensees who wish to implement the risk-informed process in NFPA 805 must submit a letter of intent (LOI) to the NRC. Licensees who wish to withdraw from the NFPA 805 risk-informed process must submit a letter of retraction.

Authorizing Statute(s): PL: Pub.L. 83 - 703 1-311 Name of Law: Atomic Energy Act

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 26318	05/06/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 43732	07/21/2011
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	21	24	-3
Annual Time Burden (Hours)	1,705	1,825	-120
Annual Cost Burden (Dollars)	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The overall estimated burden decreased by 120 hours from 1,825 to 1,705 hours because of a reduction in the number of expected LOIs from 4 to 1 (3 x 40 hrs = 120 hrs) submittals for this clearance period. This resulted in a reduction of 120 hours from 1,660 to 1,540 reporting hours. Since 2005, 15 licensees have submitted LOIs, which averages to three submittals per year. However, at the present time, we have no indication that any new licensees will be submitting a letter of intent to transition to 10 CFR 50.48(c). The remaining licensees that have not elected to file a letter of intent may at any time decide that the performance-based program may be desirable. There is reason to believe that once the process has been successfully demonstrated through the completion of the first group of non-pilot applications, more licensees may decide to file a letter of intent. Given this and the number of remaining licensees that could submit an LOI, it is estimated that 1 LOI annually could be submitted during this clearance period. The NRC does not expect to receive any letters of retraction. Although there has been an increase in the fee rate from $258 to $259, the reduction in LOI submittals resulted in a decrease in overall burden cost from $470,850 to $441,595.

Annual Cost to Federal Government: $113,960

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Sheldon Stuchell 301 415-1847

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