Part 50 section 6 final supporting statement

FINAL SUPPORTING STATEMENT FOR
10 CFR PART 50
LICENSE REQUIREMENTS
SECTION 6
50.12 - Exemptions
3150-0011
ABSTRACT
The regulations in 10 CFR Part 50 provide the requirements for the licensing of production and
utilization facilities, including nuclear power plants and research and test reactors. However, a
licensee or applicant may apply to the Commission for an exemption from Part 50 requirements
when (1) the exemption is authorized by law, will not present an undue risk to public health and
safety, and is consistent with the common defense and security and (2) when special
circumstances are present. This supporting statement describes the burden associated with
exemption requests.
These regulations affect 89 licensees for operating nuclear power plants, 31 non-power production
and utilization facilities, 15 combined operating license holders/applicants and 29 power plants that
are currently being decommissioned. Licensees may voluntarily submit a request for an exemption
to the Commission and maintain a record of that request.
A.

JUSTIFICATION
1.

Need for the Collection of Information
The information is submitted voluntarily and is needed in order to determine licensee
compliance with the regulations set forth in 50.12. Details of these regulations can be
found at the end of this supporting statement in “Description of Requirements.”

2.

Agency Use of Information
Applicants or licensees requesting approval to construct or operate utilization or
production facilities are required by the Atomic Energy Act of 1954, as amended (the
Act), to provide information and data that the NRC may determine necessary to
ensure the health and safety of the public.
The NRC uses the records and reports required in this part to ascertain that licensees’
licensing the design, construction, operation, and decommissioning of commercial
nuclear power plants and other nuclear facilities programs are adequate to protect
public health and minimize danger to life and property and that licensees’ personnel
are aware of and follow up on the information and steps needed to perform licensed
activities in a safe manner.

3.

Reduction of Burden Through Information Technology
There are no legal obstacles to reducing the burden associated with this information
collection. The NRC encourages respondents to use information technology when it
would be beneficial to them. The NRC has issued Guidance for Electronic
Submissions to the NRC which provides direction for the electronic transmission and
submittal of documents to the NRC. Electronic transmission and submittal of
documents can be accomplished via the following avenues: the Electronic Information
Exchange (EIE) process, which is available from the NRC's “Electronic Submittals”
Web page, by Optical Storage Media (OSM) (e.g. CD-ROM, DVD), by facsimile or by
e-mail. It is estimated that approximately 80% of the responses are 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
Not Applicable.

6.

Consequences to Federal Program or Policy Activities if the Collection is Not
Conducted or is Conducted Less Frequently
Requests for exemption are submitted on a voluntary basis by applicants and
licensees. Because the requests are voluntary, there is no set periodicity for these
reports, and they cannot be conducted less frequently. If the information collection
were not conducted (if the exemption requests were not submitted) the NRC will not
be in a position to assess whether licensees are operating within the specific safety
requirements applicable to the licensing and operating activities for existing nuclear
power reactors and research and test reactors.

7.

Circumstances which Justify Variation From OMB Guidelines
There are no variations 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 February 19, 2021,
(86 FR 10360). Additionally, NRC staff contacted five stakeholders via email. The
stakeholders were new, operating and research and test reactor owner licensee
representatives and interested stakeholders from Duke Energy Progress, LLC, Kairos
Power, Southern Nuclear Operating Co., Washington State University and X-Energy.
The NRC received one out-of-scope comment as a result of the FRN. No additional
responses or comments were received as a result of the FRN or the staff’s direct
solicitation of comment.

9.

Payment or Gift to Respondents
Not applicable.

10.

Confidentiality of Information
Confidential and proprietary information is protected in accordance with NRC
regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b). However, no information
normally considered confidential or proprietary is requested.

11.

Justification for Sensitive Questions
This regulation does not request sensitive information.

12.

Estimated Industry Burden and Burden Hour Cost
The total estimated cost for information collection requirements in this section is
12,000 hours at a cost of $3,348,000 (12,000 x 279/hr).
Total Burden and Responses
Hours Responses
Reporting
10,800
30
Recordkeeping 1,200
30
TOTAL
12,000
60
Detailed burden estimates are included in the supplemental burden spreadsheet titled,
“Table 1 - Summary of Supporting Statements.” The $279 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 2020 (85 FR 37250, June 19, 2020).

13.

Estimate of Other Additional Costs
The quantity of records to be maintained is roughly proportional to the recordkeeping
burden and therefore can be used to calculate approximate records storage costs.
Based on the number of pages maintained for a typical clearance, the records storage
cost has been determined to be equal to .0004 times the recordkeeping burden cost.
Therefore, the storage cost for this clearance is estimated to be $134 (1,200
recordkeeping hours x $279 x .0004).

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 annualized estimated cost to the government is $627,750 (2,250 staff
hours x $279) as shown on the attached Summary Table.

15.

Reasons for Changes in Burden or Cost
The burden and number of responses have not changed as described in the tables
below:
Burden change
Reporting
Recordkeeping
Third Party
Disclosure
Total

2018 estimates
Current submission Change
10,800.0 10,800.0
0
1,200.0 1,200.0
0
12,000.0 12,000

0

Change in Responses
2018 estimates
Reporting
Recordkeeping
Third Party
Disclosure
Total

Current submission Change
30 30
0
30 30
0
60 60

0

Although the number of operating reactor licensees required to report and maintain
records during this clearance period has been reduced; staff does not anticipate a
change in the number of submission under 10 CFR 50.12; trends have been constant
over the prior cycles and there is no anticipation of increase or decrease in this area.
16.

Publication for Statistical Use
The information being collected is not expected to be published for statistical use.

17.

Reason for Not Displaying the Expiration Date
The recordkeeping and reporting requirements for this information collection are
associated with regulations and are not submitted on instruments such as forms or
surveys. For this reason, there are no data instruments on which to display an OMB
expiration date. Further, amending the regulatory text of the CFR to display
information that, in an annual publication, could become obsolete would be unduly
burdensome and too difficult to keep current.

18.

Exceptions to the Certification Statement
None.

B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
Not applicable.

Appendix A – Description Requirements
License Requirements
10 CFR 50.12. This section of 10 CFR 50 specifies that the Commission may, upon
application by any interested person or upon its own initiative, grant an exemption
from the requirements of 10 CFR Part 50 when (1) the exemption is authorized by
law, will not present an undue risk to public health and safety, and is consistent with
the common defense and security and (2) when special circumstances are present.
Special circumstances exist when:
(1)

Application of the regulation in the particular circumstances conflicts with
other Commission rules or requirements, or

(2)

Application of the regulation in the particular circumstances would not serve
the underlying purpose of the rule or is not necessary to achieve the
underlying purpose of the rule, or

(3)

Compliance with the regulation would result in hardship or other costs that
are significantly in excess of those contemplated when the regulation was
adopted, or that are significantly in excess of those incurred by others
similarly situated, or

(4)

The exemption would benefit public health and safety and compensates for
any decrease in safety, or

(5)

The exemption would provide only temporary relief from the applicable
regulation and the applicant or licensee has made good faith efforts to
comply with the regulation, or

(6)

There are other material circumstances present that were not considered
when the regulation was adopted and for which would be in the public’s
interest to grant the exemption. If this condition is relied on exclusively to
satisfy the criteria of “special circumstances,” the exemption may not be
granted without consultation with the Commission.