Notice2026-19385
Information Collection: Notice of Enforcement Discretion (NOED) for Operating Power Reactors and Gaseous Diffusion Plants (GDP), NRC Enforcement Policy
Primary source
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Published
September 22, 2026
Issuing agencies
Nuclear Regulatory Commission
Abstract
The U.S. Nuclear Regulatory Commission (NRC) has recently submitted a request for renewal of an existing collection of information to the Office of Management and Budget (OMB) for review. The information collection is entitled, "Notice of Enforcement Discretion (NOED) for Operating Power Reactors and Gaseous Diffusion Plants (GDP), NRC Enforcement Policy."
Full Text
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<title>Federal Register, Volume 91 Issue 182 (Tuesday, September 22, 2026)</title>
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[Federal Register Volume 91, Number 182 (Tuesday, September 22, 2026)]
[Notices]
[Pages 60160-60161]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19385]
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NUCLEAR REGULATORY COMMISSION
[NRC-2026-0430]
Information Collection: Notice of Enforcement Discretion (NOED)
for Operating Power Reactors and Gaseous Diffusion Plants (GDP), NRC
Enforcement Policy
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of submission to the Office of Management and Budget;
request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has recently
submitted a request for renewal of an existing collection of
information to the Office of Management and Budget (OMB) for review.
The information collection is entitled, ``Notice of Enforcement
Discretion (NOED) for Operating Power Reactors and Gaseous Diffusion
Plants (GDP), NRC Enforcement Policy.''
DATES: Submit comments by October 22, 2026. Comments received after
this date will be considered if it is practical to do so, but the
Commission is able to ensure consideration only for comments received
on or before this date.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this
particular information collection by selecting ``Currently under
Review--Open for Public Comments'' or by using the search function.
[[Page 60161]]
FOR FURTHER INFORMATION CONTACT: Heather Dempsey, Office of the Chief
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-0856; email:
<a href="/cdn-cgi/l/email-protection#0940676f666a6665656c6a7d7a275b6c7a667c7b6a6c49677b6a276e667f"><span class="__cf_email__" data-cfemail="044d6a626b676b6868616770772a5661776b71766761446a76672a636b72">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2026-0430 when contacting the NRC
about the availability of information for this action. You may obtain
publicly available information related to this action by any of the
following methods:
<bullet> Federal Rulemaking website: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for Docket ID NRC-2026-0430.
<bullet> NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at <a href="https://www.nrc.gov/reading-rm/adams.html">https://www.nrc.gov/reading-rm/adams.html</a>. To begin the search, select ``Begin ADAMS Public Search.''
For problems with ADAMS, please contact the NRC's Public Document Room
(PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email
to <a href="/cdn-cgi/l/email-protection#277763750975425448525544426749554409404851"><span class="__cf_email__" data-cfemail="baeafee894e8dfc9d5cfc8d9dffad4c8d994ddd5cc">[email protected]</span></a>. A copy of the collection of information and
related instructions may be obtained without charge by accessing ADAMS
Accession No. ML23362A014. The supporting statement is available in
ADAMS under Accession No. ML26156A086.
<bullet> NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
<a href="/cdn-cgi/l/email-protection#d9899d8bf78bbcaab6acabbabc99b7abbaf7beb6af"><span class="__cf_email__" data-cfemail="752531275b2710061a00071610351b07165b121a03">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
<bullet> NRC's Clearance Officer: A copy of the collection of
information and related instructions may be obtained without charge by
contacting the Acting NRC's Clearance Officer, Heather Dempsey, Office
of the Chief Information Officer, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-0856; email:
<a href="/cdn-cgi/l/email-protection#377e59515854585b5b525443441965524458424554527759455419505841"><span class="__cf_email__" data-cfemail="034a6d656c606c6f6f666077702d5166706c76716066436d71602d646c75">[email protected]</span></a>.
B. Submitting Comments
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by selecting ``Currently under Review--Open for
Public Comments'' or by using the search function.
The NRC cautions you not to include identifying or contact
information in comment submissions that you do not want to be publicly
disclosed in your comment submission. All comment submissions are
posted at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and entered into ADAMS. Comment
submissions are not routinely edited to remove identifying or contact
information.
If you are requesting or aggregating comments from other persons
for submission to the OMB, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that comment submissions are not routinely edited to remove such
information before making the comment submissions available to the
public or entering the comment into ADAMS.
II. Background
Under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the recently submitted NRC a request for renewal of
an existing collection of information to OMB for review entitled,
``Notice of Enforcement Discretion (NOED) for Operating Power Reactors
and Gaseous Diffusion Plants (GDP), NRC Enforcement Policy.'' The NRC
hereby informs potential respondents that an agency may not conduct or
sponsor, and that a person is not required to respond to, a collection
of information unless it displays a currently valid OMB control number.
The NRC published a Federal Register notice with a 60-day comment
period on this information collection on May 14, 2026, 91 FR 27375.
1. The title of the information collection: Notice of Enforcement
Discretion (NOED) for Operating Power Reactors and Gaseous Diffusion
Plants (GDP), NRC Enforcement Policy.
2. OMB approval number: 3150-0136.
3. Type of submission: Extension.
4. The form number, if applicable: Not applicable.
5. How often the collection is required or requested: On occasion.
6. Who will be required or asked to respond: Those licensees that
voluntarily request enforcement discretion through the NOED process.
7. The estimated number of annual responses: 8 (4 reporting
responses + 4 recordkeepers).
8. The estimated number of annual respondents: 4.
9. The estimated number of hours needed annually to comply with the
information collection requirement or request: 680 (600 reporting + 80
recordkeeping).
10. Abstract: The NRC's Enforcement Policy includes the
circumstances in which the NRC may grant a NOED. On occasion,
circumstances arise when a power plant licensee's compliance with a
Technical Specification (TS) Limiting Condition for Operation or any
other license condition would involve an unnecessary plant shutdown or
transient. Similarly, for a gaseous diffusion plant, circumstances may
arise where compliance with a Technical Safety Requirement (TSR) or
other condition would unnecessarily call for a total plant shutdown, or
compliance would unnecessarily place the plant in a condition where
safety, safeguards, or security features were degraded or inoperable.
In these circumstances, a licensee or certificate holder may request
that the NRC exercise enforcement discretion, and the NRC staff may
choose to not enforce the applicable TS, TSR, or other license or
certificate condition. This enforcement discretion is designated as a
NOED. A licensee or certificate holder seeking the issuance of a NOED
must justify, in accordance with NRC Enforcement Manual (ADAMS
Accession No. ML25224A097), 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, and
does not involve adverse consequences to the environment, and any other
information the NRC staff deems necessary before making a decision to
exercise discretion.
(Authority: 42 U.S.C. 2011 et seq.)
Dated: September 18, 2026.
For the Nuclear Regulatory Commission.
Heather Dempsey,
Acting NRC Clearance Officer, Office of the Chief Information Officer.
[FR Doc. 2026-19385 Filed 9-21-26; 8:45 am]
BILLING CODE 7590-01-P
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