ML18274A173
| ML18274A173 | |
| Person / Time | |
|---|---|
| Issue date: | 10/25/2018 |
| From: | Maureen Wylie NRC/OCFO |
| To: | Schmitt D Lakeview Diagnostic |
| kjd1 | |
| References | |
| Download: ML18274A173 (2) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 25, 2018 David Schmitt, R.Ph.
Lakeview Diagnostic, L.L.C.
6133 Lakeshore Road Lexington, MI 48450
Dear Dr. Schmitt:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated September 10, 2018 (Agencywide Documents Access and Management System (ADAMS) Accession number ML18289A818), requesting a fee waiver with regards to the fifty percent fiscal year (FY) 2018 annual licensing fee of $6,450.00 that was invoiced to Lakeview Diagnostic, L.L.C. on July 2, 2018.
The fees assessed to licensees and applicants by the NRC must conform to the Omnibus Budget Reconciliation Act of 1990, which requires the NRC to collect approximately 90 percent of its annual budget authority (less certain excluded items) through both user fees and annual fees. The NRC assesses these annual fees only to licensees or certificate holders, and the annual fee schedule must be fair and must equitably allocate annual fees among the NRCs many licensees. Finally, annual fees are assessed based on the license authorization, not the licensees actual use of licensed material.
In your letter you state that Lakeview Diagnostics, L.L.C. is a registered small business and ceased operations on June 28, 2017. You also state that you were not able to provide the NRC with the proper documentation along with survey tests and wipe tests on sources due to your ongoing health issues by the end of September 2017. In addition, you also state that due to your surgery on September 1, 2017, you were unable to drive for four months to perform the necessary survey tests and wipe tests required by the NRC to officially terminate your license.
You provided the proper documentation in your termination request received in our Region III office on January 30, 2018 (ADAMS Accession number ML18163A111).
The NRC has established regulations for granting a prorated invoice upon termination of a materials license under 10 CFR 171.17(b)(2), Terminations. The NRC staff has reviewed your request based on that regulation:
- 10 CFR 171.17(b)(2) Terminations, the annual fee will be prorated for licenses for which a termination request or a request for a POL [Possession Only License]
has been received on or after October 1 of a FY on the basis of when the application for termination or POL is received by the NRC provided the licensee permanently ceased licensed activities during the specified period. Licenses for which applications for termination or POL are filed during the period October 1 through March 31 of the FY are assessed one-half the annual fee for the applicable category(ies) for that FY.
D. Schmitt Licenses for which applications for termination or POL are filed on or after April 1 of the FY are assessed the full annual fee for that FY. Materials licenses transferred to a new Agreement State during the FY are considered terminated by the NRC, for annual fee purposes, on the date that the Agreement with the State becomes effective; therefore, the same proration provisions will apply as if the licenses were terminated.
The NRC has reviewed your NRC Form 526 Certification of Small Entity Status for the Purposes of Annual Fees Imposed Under 10 CFR Part 171 and determined that you would qualify for a reduced fifty percent annual fee of $425.00. You could have applied for a possession only license when you ceased options, which would have allowed for you to avoid an FY 2018 annual fee. However, the NRC recognizes that you were not able to provide us with the proper documentation along with survey tests and wipe tests on sources due to your ongoing health issues. The information you provided along with the NRC 374 termination amendment (ADAMS accession number ML18120A317) issued by our Region III office on April 30, 2018, allows me to grantbased on the case-specific facts herea one-time extension of time to request termination to January 30, 2018, which ultimately allows you to avoid a FY 2018 fifty percent prorated annual licensing fee of $425.00.
Please contact Mr. Billy Blaney of my staff, at (301) 415-5092, for any fee-related questions.
Sincerely,
/RA/
Maureen E. Wylie Chief Financial Officer
Letter ML18274A173 Package: ML18289A810 Incoming: ML18289A818 *via e-mail CFO-0009 OFFICE OCFO/DPB/LFPT OGC OCFO/DOC/ARB OCFO/DOC/ARB OCFO/DPB/LFPT NAME WBlaney* CMcCann* MBlair CAF for CFredericks MKaplan DATE 10/01/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 OFFICE OCFO/DPB OCFO/DPB DCFO CFO NAME RAllwein SCoffin BFicks MEWylie DATE 10/17/2018 10/24/18 10/25/18 10/25/18