ML19169A229
| ML19169A229 | |
| Person / Time | |
|---|---|
| Issue date: | 07/12/2019 |
| From: | Maureen Wylie NRC/OCFO |
| To: | Sheth S Indo American Engineering |
| Hudson, Sharon | |
| References | |
| Download: ML19169A229 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 12, 2019 Ms. Sarala Sheth, Vice President Indo American Engineering, Inc.
305 Fremont Avenue Rock Springs, WY 82901
Dear Ms. Sheth:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter received on June 11, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19164A045), requesting a fee waiver with regards to the fiscal year (FY) 2019 annual licensing fee of $8,600.00 that was invoiced to Indo American Engineering, Inc. on April 2, 2019.
The NRC assesses annual fees to licensees as prescribed in Part 171 of Title 10 of the Code of Federal Regulations (10 CFR Part 171). The rules in 10 CFR Part 171 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. Consistent with the rules in 10 CFR Part 171, the NRC assesses annual fees based on the license authorization, not on the licensees actual use of licensed material.
In April 2019, NRC Region IV staff visited Indo American Engineerings site after being informed that the former owner and NRC license holder, who was also your husband, had been sick for several months in 2018. During the site visit, you informed Region IV staff that your husband had passed away on June 21, 2018. You later assumed ownership of the company, but on August 2, 2018, you were in a serious car accident and moved to San Diego, California, for surgery and care.
During the site visit, you also informed Region IV staff that, when you returned to your home on April 11, 2019, following your recovery from surgery, you found an NRC bill for $8,600, which reflected your companys annual fee for FY 2019. You stated that your husband had previously completed NRC Form 526 Certification of Small Entity Status for the Purposes of Annual Fees Imposed Under 10 CFR Part 171, which could have reduced your companys annual fee, but he passed away before submitting the form. You then submitted the NRC Form 526 on June 17, 2019.
During the visit, you told Region IV staff that Indo American Engineering had not engaged in any NRC-licensed activity since June 2018 and that the companys NRC-licensed gauges were locked up in a cabinet. Since you were unsure of how to dispose of the gauges and terminate the companys NRC license, Region IV staff assisted you in locating a buyer, as well as properly packaging and shipping the gauges, which was completed on April 29, 2019. You submitted NRC Form 314, Certificate of Disposition of Materials, to terminate your license on May 6, 2019, and the NRCs Region IV office terminated Indo American Engineerings NRC license on June 4, 2019.
S. Sheth The NRC has an established procedure for waiving an annual fee upon termination of a materials license. This procedure is set forth in Footnote 1 of 10 CFR 171.16, Annual fees:
Materials licensees, holders of certificates of compliance, holders of sealed source and device registrations, holders of quality assurance program approvals, and government agencies licensed by the NRC. The NRC staff has reviewed your request based on this provision:
Annual fees will be assessed based on whether a licensee held a valid license with the NRC authorizing possession and use of radioactive material during the current FY. The annual fee is waived for those materials licenses and holders of certificates, registrations, and approvals who either filed for termination of their licenses or approvals or filed for possession only/storage licenses before October 1 of the current FY, and permanently ceased licensed activities entirely before this date. Annual fees for licensees who filed for termination of a license, downgrade of a license, or for a possession-only license during the FY and for new licenses issued during the FY will be prorated in accordance with the provisions of §171.17. If a person holds more than one license, certificate, registration, or approval, the annual fee(s) will be assessed for each license, certificate, registration, or approval held by that person. For licenses that authorize more than one activity on a single license (e.g., human use and irradiator activities), annual fees will be assessed for each category applicable to the license.
The FY 2019 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide contains a table of NRC Small Entity Classifications that determine if an entity qualifies to pay the small entity fee. The NRC staff has reviewed your NRC Form 526 and determined that you would qualify for a small entity annual fee of $850.00. In addition, had you disposed of your gauges and completed your NRC Form 314 for license termination before October 1, 2018, you would not have been assessed a FY 2019 annual fee.
The NRC recognizes that you were not able to properly dispose of your gauges and complete your NRC Form 314 in time due to your husbands death and your car accident, which required long-term care. Under 10 CFR 171.11(c), the NRC may grant an exemption from the requirements of Part 171 if the exemption is authorized by law and otherwise in the public interest. The information you provided, along with the NRC 314 termination amendment (ADAMS Accession No. ML19155A061) issued by our Region IV office on June 4, 2019, allows me to grantbased on the case-specific facts and exceptional circumstances involved herea one-time, retroactive extension of time to May 6, 2019, for you to request license termination for the purpose of assessing your annual fee for FY 2019. Because you requested license termination by that date, and because the NRC has since approved your request, you are not required to pay a FY 2019 annual licensing fee.
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 ML19169A229 Package: ML19169A226 Incoming: ML19164A045 *via e-mail CFO-0009 OFFICE OCFO/DPB/LFPT OCFO/DPB/LFPT OGC OCFO/DOC/FBT OCFO/DPB/LFPT NAME WBlaney JJacobs GKim* NLO MBlair* ARossi DATE 07/08/19 07/08/19 07/02/19 07/09/19 07/10/19 OFFICE OCFO/DPB OCFO/DPB DCFO CFO NAME JMartin SCoffin BFicks MEWylie DATE 07/10/19 07/11/19 07/ /19 07/12/19