ML18283B715
| ML18283B715 | |
| Person / Time | |
|---|---|
| Issue date: | 10/29/2018 |
| From: | Annette Vietti-Cook NRC/SECY |
| To: | Pugsley C Thompson & Pugsley, PLLC |
| Blady C, NMSS | |
| Shared Package | |
| ML18221A523 | List: |
| References | |
| NRC-2018-0172, PRM-170-7 | |
| Download: ML18283B715 (6) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Christopher S. Pugsley, Esq.
Thompson & Pugsley, PLLC 1225 19th Street, NW, Suite 300 Washington, DC 20036
Dear Mr. Pugsley:
October 29, 2018 This letter is in reference to your petition for rulemaking (PRM) that was submitted electronically to the U.S. Nuclear Regulatory Commission (NRC) on July 3, 2018 (NRC's Agencywide Documents Access and Management System Accession No. ML18214A757). Your petition has been docketed under Title 10 of the Code of Federal Regulations ( 10 CFR), Section 2.803( c ),
"Petition for rulemaking-Docketing." In your petition, you request that the NRC revise its regulations in 10 CFR Parts 170 and 171 to re-categorize licensees performing water treatment services from a full-cost recovery category to a category with a fixed annual fee. Your petition has been assigned Docket Number PRM-170-7. Please reference this docket number on any correspondence you may have concerning the petition. As the staff reviews your petition, it may be necessary to request additional information.
The enclosed notice of docketing of the petition will be published in the Federal Register. The NRC is not instituting a public comment period for this PRM as the staff anticipates considering the issues raised in the petition in the upcoming fiscal year 2019 proposed fee rule, and the public will have an opportunity to comment at that time.
You can monitor the docket for your petition on the Federal rulemaking Web site, http://www.regulations.gov, by searching the Docket ID NRC-2018-0172. In addition, the Federal rulemaking Web site allows you to receive alerts when changes or additions occur in a docket folder. To subscribe: (1) navigate to the docket folder NRC-2018-0172; (2) click the "Email Alert" link; and (3) enter your e-mail address and select how frequently you would like to receive e-mails (daily, weekly, or monthly). The NRC also tracks all petition actions on its Web site at http://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/petitions-byyear.html.
C. You may direct any questions you have concerning the petition process or the status of your petition to Cindy Bladey at 301-415-8230 (e-mail: Cindy.Bladey@nrc.gov) or to Helen Chang at 301-415-3228 ( e-mail: Helen.Chang@nrc.gov).
Enclosure:
Notice of docketing of petition for rulemaking Sincerely, Annette L. Vietti-Cook
[7590-01-P]
NUCLEAR REGULATORY COMMISSION 1 O CFR Parts 170 and 171
[Docket No. PRM-170-7; NRC-2018-0172]
Categorization of the Licensee Fee Category for Full-Cost Recovery AGENCY: Nuclear Regulatory Commission.
ACTION: Petition for rulemaking; notice of docketing.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) has received a petition for rulemaking (PRM) from Mr. Christopher S. Pugsley, Esq. (the petitioner), on behalf of Water Remediation Technology (WRT), LLC, dated July 3, 2018, requesting that the NRC amend its regulations regarding full-cost recovery of licensee fees. The petition was docketed by the NRC on August 2, 2018, and has been assigned Docket No.
PRM-170-7. The NRC is examining the issues raised in PRM-170-7 to determine whether they should be considered in rulemaking. The NRC is not instituting a public comment period for this PRM as the staff anticipates considering the issues raised in the petition in the upcoming fiscal year 2019 proposed fee rule, and the public will have an opportunity to comment at that time.
DATES: The PRM is available on [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: Please refer to Docket ID NRC-2018-0172 when contacting the NRC about the availability of information for this petition. You may obtain publicly-available information related to this petition by any of the following methods:
Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0172. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; e-mail: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select "ADAMS Public Documents" and then select "Begin Web-based ADAMS Search." For problems with ADAMS, please contact the NRC's Public Document"Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. The petition, PRM-170-7, is available in ADAMS under Accession No. ML18214A757.
NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room 01-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Renu Suri, Office of the Chief Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone:
301-415-0161, e-mail: Renu.Suri@nrc.gov.
2
SUPPLEMENTARY INFORMATION:
I. The Petitioner Mr. Christopher S. Pugsley, Esq. (the petitioner) submitted this petition on behalf of WRT, requesting that the NRC amend its regulations to re-categorize licensees performing water treatment services from a full-cost recovery category to a category with a fixed annual fee.
II. The Petition The petitioner is requesting that the NRC revise parts 170 and 171 of title 10 of the Code of Federal Regulations (10 CFR) to re-categorize WRT as a licensee that does not require full-cost recovery for fees billed to it during the life of its license, address consistency issues between 10 CFR parts 170 and 171 for small entities, and extend the timeframe in which a request for a fee exemption must be submitted under§ 170.11.
The petitioner also requests that the rule change be actively considered in the NRC's fiscal year 2019 rulemaking for its fee regulations.
Ill. Discussion of the Petition The petitioner requests that the NRC amend its regulations to re-categorize WRT as a licensee that does not require full-cost recovery for fees billed to it during the life of its license under 10 CFR part 170, address.consistency issues between 10 CFR parts 170 and 171 for small entities, and consider this rule change during the FY 2019 revision of the fee rule. The petitioner assists small community water systems with compliance with the uranium drinking water standard: "WRT's license operations are not intended to process source material for its commercial value thereby reducing the financial benefit to the licensee as compared to uranium recovery facilities that process 3
ores primarily for their source material content." The petitioner suggests that the NRC should further ease the financial burden on community water systems so that they may comply with the uranium drinking water standard. The petitioner also notes NRC actions that seem to agree with his recommendation.
The petitioner also requests additional conforming and related changes. The petitioner asserts that the NRC should consider addressing consistency issues between 10 CFR parts 170 and 171 fees for uranium water treatment licensees that are recognized by the NRC as small entities. The petitioner also requested that the NRC consider amending language under§ 170.11 to extend the time within which a licensee may appeal the assessment of fees and apply for a fee exemption. The petitioner notes that NRC could approve the petition as an alternative to revising the NRC's fee recovery requirements during the next revision of the annual fee rule.
IV. Conclusion The NRC will examine the issues raised in PRM-170-7 to determine whether they should be considered in rulemaking.
Dated at Rockville, Maryland, this 29th day of October, 2018.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook, Secretary of the Commission.
4