ML19088A008

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Fiscal Year 2019 Final Fee Rule Letter to the Office of Management and Budget
ML19088A008
Person / Time
Issue date: 05/17/2019
From: Stephanie Coffin
NRC/OCFO
To: Mcdonald C
US Executive Office of the President, Office of Mgmt & Budget (OMB)
Hudson,Sharon
References
Download: ML19088A008 (3)


Text

C. McD UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 17, 2019 Ms. Christine McDonald Office of Management and Budget 725 17th Street, NW Washington, DC 20503

Dear Ms. McDonald:

The Omnibus Budget Reconciliation Act of 1990, as amended, requires that the U.S. Nuclear Regulatory Commission (NRC) recover through fees approximately 90 percent of its Fiscal Year (FY) 2019 budget authority, not including any amounts appropriated for Waste Incidental to Reprocessing, generic homeland security activities, and Inspector General Services for the Defense Nuclear Facilities Safety Board. The FY 2019 final fee rule is based on the NRC appropriation stated in Public Law 115-244Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019 (the Act). In addition, the Act excluded advanced reactor regulatory infrastructure activities and international activities from the fee-recoverable budget. The total budget enacted for the NRC in FY 2019 is approximately

$911.0 million, which is a decrease of approximately $11.0 million from FY 2018. By law, the NRC is required to collect all fees by September 30, 2019.

In order to comply with the law, the Commission is amending its fee regulations under Part 170 of Title 10 of the Code of Federal Regulations (10 CFR), Fees for Facilities, Materials, Import and Export Licenses, and Other Regulatory Services Under the Atomic Energy Act of 1954, as Amended; and 10 CFR Part 171, Annual Fees for Reactor Licenses and Fuel Cycle Licenses and Materials Licenses, Including Holders of Certificates of Compliance, Registrations, and Quality Assurance Program Approvals and Government Agencies Licensed by the NRC.

The NRC is required to recover approximately $780.8 million for FY 2019. After accounting for billing and collection adjustments, the total amount to be billed as fees is approximately $782.5 million. The amendments to 10 CFR Part 170 revise the professional hourly rate and flat license application fees charged to licensees and applicants. The hourly rate used to assess 10 CFR Part 170 fees increases to $278, previously $275 for FY 2018.

The amendments to 10 CFR Part 171 establish the amount of the FY 2019 annual fees to be assessed to NRC licensees to recover costs not recovered through 10 CFR Part 170 fees.

Compared to FY 2018, the FY 2019 rebaselined annual fees will increase for operating reactors, research and test reactors, and some materials users. Annual fees decrease for spent fuel storage/reactor decommissioning, fuel facilities, some materials users, the Department of Energy (DOE) Transportation activities, and the DOE Uranium Mill Tailings Radiation Control Act Program. The annual fee for the non-DOE uranium recovery licensee remains unchanged.

Additionally, the NRC made two policy changes to: (1) more accurately reflect the cost of services provided by the NRC to small materials users fee categories for location of use, and (2) eliminate fee category 2. A. (5)Licenses that authorize the possession of source material related to removal of contaminants (source material) from drinking water.

C. McDonald Enclosed is a copy of the final rule which is being transmitted to the Federal Register for publication. The final rule will become effective 60 days after publication.

Sincerely,

/RA/

Stephanie M. Coffin, Director Division of Planning and Budget Office of the Chief Financial Officer

Enclosure:

Federal Register, Notice cc: David G. Hester, OMB

ML19088A008 *via e-mail CFO-0009 OFFICE OCFO/DOB/LFPT OCFO/DOB/LFPT OCFO/DOB/LFPT NAME JJacobs WBlaney CGalster*

DATE 4/1/2019 4/1/2019 4/1/2019 OFFICE OCFO/DOB/LFPT OCFO/DOB OCFO/DOB NAME ARossi RAllwein SCoffin DATE 4/1/2019 4/16/2019 4/18/2019