ML19301A293

Recommends That Commission Approve Proposed Amends to License Fees Schedule,Recovering Costs of Application Review & Insps,For Publication in Fr

ML19301A293
Person / Time
Issue date:	10/27/1981
From:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML19301A294	List: ML19301A293 ML20032D810
References
REF-10CFR9.7, TASK-RIA, TASK-SE SECY-81-615, NUDOCS 8111100261
Download: ML19301A293 (52)

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8 RULEMAKING ISSUE p C 0 ss,G M5 FOR:

The Commissio FROM:

William J. Dircks, Executive Director for Opera i 1%

SUblECT:

LICENSE FEIS - PROPOSED SCHEDULE l

PURPOSE:

To comply with a Commissier request for a proposed revision to the NRC fee schedule which would recover :osts of t

reviewing applications and all inspections.

i CATEGORY:

This paper covers major policy issues requiring Commission f

approval.

l DISCUSSION:

BACKGROUND j

f On March 23, 1978, theEC implemented a revised schedule of license fees updating the August 10, 1973 fee schedule.

The revised schedule established fees for review of requests s

filed by vendors and architect-engineers for standardized reference designs; amendments; renewals; routine inspections; special projects; approval of spent fuel casks and shipping containers; and sealed sources and devices containing byproduct, source er special nuclear material.

The revised, i

schedule also updated fees for review of applications for

-l facility construction permits and operating licenses and

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applications for byproduct, source and special nuclear i

materials licenses.

The revised schedule was based on FY 1977 costs.

The Comission's guidelines used in developing the March 23, l

1973 fee schedule were based on two decisions of the Suprere.

l Court issued on March 4, 1974, and four opinions of the Court of Appeals for the District of Columoia Circuit issued on December 16, 1976.

The two cases cecided by the Supreme Court were challenges of the validity of annual license fees charged by the Federal Communications Commission and the Federal Power Commission under authority of the Independent Offices Appropriation Act of 1952.

National Cable Televisic, Association, Inc. v. United States, 415 U.S. 336 (1974) and Federal power Commission v. New Encland power Comoany, 415 U.S. 345 (1974).

The Court of Appeals casts were cna11enges j

of a revised fee schedule published by the Federal Communi-i

Contact:

William O. Miller, ADM/LFMB i

Ext. 27225

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e The Commissioners !

I cations Commission. National Cable Television Association

v. Federal Communications Commission, Nos. 75-1053 et. al.;

l National Association of Broadcasters v. Federal Communications i

Commission, Nos. 75-1087 et. al.; Electronic Industries i

Association v. Federal Communications Commission, Nos. 75-l 1120 et._al.; Capital Cities Communication, Inc. v. Federal Communications Commission, Nos. 75-1503 et. al. The Court's decisions provided the NRC with the additional guidance needed to develop new fee guidelines.

See Enclosure "4" for guidelines.

j CURRENT FEE SCHEDULE (MARCH 23, 1978) i Based on Commission guidelines and an analysis of the i

functions of NRC offices, their responsibilities and i

activities, the services of the offices were categorized as being eligible for cost recovery or as excluded from cost recovery.

Only NRC services providing special benefits l

to identifiable recipients were included in the computation of fees. The services were identified as included or excluded-from cost recovery and fee computation.

See Enclosure "B".

Smallest Practical Unit i

For the purpose of assessing fees, recipients of NRC sarvices l

were categorized so that specific agency expenses forming the,

cost basis of the fee could be allocated to the smallest practical unit.

In reactor facilities this was determined to be the application for a construction permit, operating license, or approval of a standard reference design, amendment or other required approval, topical report, or special project. The smallest practical unit for byproduct material, source material, and special nuclear material application: was deter-mined to be the type, use, and quantity of the material invol-ved, e.g., medical, industrial radiography, etc. Applications to amend or modify reactor construction permits or operating licenses and for other required approvals were grouped into six classes based on type of review conducted, e.g., adminis-trative, single safety issue, etc.

Succort Services In addition to an analysis of staff activities, it was necessary to review program support services (contractual services) to identify those that were part of the review of applications for permits, licenses, amendments and other required approvals or supported the inspection process. Where the contractual service was found to support the license review procees or inspection, it was considered as providing special benefit and was included for cost recovery.

1 i

The Commissioners Professional Staff Rates After the services of the various NRC offices including contractual support were analyzed and categorized for fee purposes, the cost to maintain a professional employee (yearly

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rate) was separately computed for the Offices of Nuclear Reactor Regulation, Nuclear Materials Safety and Safeguards and Inspection and Enforcement, and for the Advisory Committee on Reactor Safeguards, the Atomic Safety and Licensing Board Panel and the Atomic Safety and Licensing Appeal Panel. The rates took into consideration (1) personnel compensation, personnel benefits, administrative support and travel, (2) the number of professional employees involved in a particular office (excluding administrative, supervisory and management direction employees), and (3) the cost of overhead support provided to the operating offices by Program Direction and Administration (PDA) and Program Technical Support (PTS).

Limits Established By Present Fee Schedule The March 23, 1978 schedule used actual costs as the basis for establishing fees for processing reactor construction permits and operating licenses and applications for other fuel cycle facilities. At the same time, an upper limit was established for each category of application, permit, license, topical report, or approval. The one exception was special projects (excluding topical reports) where no limit or cap was established.

In the inspection area, charges were limited to routine inspections and an upper limit.was set on the number of charges that could be assessed during a specified period of time.

No charges would be imposed if the licensee was not inspected.

Topical reports were subject to actual. costs not to exceed

$20,000 per report.

t Fees for review of a preliminary or final design of a standard nuclear steam supply system or balance of plant were to be based on actual costs up to a specified maximum, but the fee would be collected in five equal installments as the first five units of approved design are referenced in an applica-tion (s) filed by a utility or utilities.

Commission Orders and amendments and approvals resulting from Commission Orders were exempted from fees.

Also, certain classes l

of amendments resulting from an NRC written request for an application may be exempt from fees when the amendment serves to simplify or clarify a license or technical specification; 1

l The Commissioners or when the amendment has only minor safety significance, and is issued for the convenience of the Commission.

Excluded from recovery by Commission policy are all research activities, standards and code development, generic licensing and non-routine inspection activities, international, state, and indemnity programs.

In addition, the Commission has, by rule, specifically exempted from fees licenses issued to Federal, State and local governments, and to non-profit education institutions where the material is used for teaching, training or medical purposes.

Court Decision - NRC Fee Schedule On August 24, 1979, the U. S. Court of Appeals, Fifth Circuit, held, in a challenge of the NRC's March 23, 1978 fee schedule, in Missi sippi Power and Light Co., v. United States Nuclear Regulatory Commission; 601 F. 2d 223 (1979), cert, denied 444 U.S. 1102 (1980), that:

(1) the Nuclear Regulatory Commission had the authority to recover its full costs of providing services to identifiable beneficiaries; (2) the NRC could properly assess a fee for the costs of providing routine inspections necessary to assure a licensee's compliance with the Atomic Energy Act and with applicable regulations; (3) the NRC could charge for costs incurred in conducting environmental reviews required by NEPA; (4) the NRC properly included in its fee schedule the costs of uncontested hearings and of administrative and technical support services; (5) the NRC could assess a fee for renewing a license to operate a low-level radioactive waste burial site; and (6) the NRC's fees were not arbitrary or capricious.

The Appeals Court upheld the Commission's license fee guidelines.

Under this decision, services for which the NRC may recover costs are those having a clearly identifiable recipient of the service. These services include the review of applications nnd requests for permits, licenses, amendments, renewals, approvals, operator qualifications, and inspections.

PROPOSED REVISION TO FEE POLICY New Areas For Fee Assessment 1.

Non-routine inspections.

Included are reactive inspections, investigations, incident / accident response, performance appraisal and enforcement inspections, emergency preparedness, safety evaluation reviews, and Systematic Appraisal of Licensee Performance (SALP).

Presently, charges are limited to routine inspections only.

However, non-routine inspections and routine inspections deal with the same

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The Commissioners i i

fundamental issues of safety, health physics, safeguards, i

physical security, and protection of the environment.

j 2.

Part 55 applications for requalification, replacement and reexamination of reactor operators.

Fees will be based on actual costs and assessed to the utility employing the operator (s).

3.

Applications and requests resulting from Commission Orders.

i Modification To Existing Procedure 1.

The fee ceiling will be eliminated for the review of all f

Part 50 applications for construction permits, operating licenses, amendments and other required approvals, standard design reviews, and topical reports and Part 30 radioactive waste disposal burial licenses, Parts 40, 70 and 71 fuel cycle licenses and approvals-l 2.

Part 50 amendments and other required approvals will be i

assessed fees based on actual costs and the current six classes of amendments in 5 170.22 will be eliminated.

j 3.

All applications subject to actual cost determination, e.g., CP, OL, etc., will be billed for accumulated costs six months after the application is' filed, and at the end i

of each six-month period thereafter. The final installment t

would become due when the review is complete.

4 All inspection fees, except for programs covered by Part 30 (excluding waste disposal burial) and small programs involving source and special nuclear material, will be based on actual costs. These inspections will be billed each calendar quarter.

l 5.

Except where otherwise specified, a non-refundable minimum -

application fee of $150 will be required for each applica-tion where the fee is based on actual costs.

6.

Professional staff rates for NRR, NMSS, IE, ACRS, ASLBP and ASLAP have been recomputed to take into account the costs of employee pay raises for FY 1978-81 and the inflation factor (used in formulating the budgets for FY1978-81) for all other allocated costs.

No Change From Present Schedule Fees for radioisotopes licenses (small programs covered by Parts 30, 40 and 70) and for inspection of these programs have i

not been revised.

The current fees are the FY 1977 average

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The Commissioners l cost for the particular type or category of license, e.g.,

industrial radiography.

It is not currently.possible to use 3

the actual cost method for determining the cost of processing I

new applications, amendments, or renewals or conducting inspections for these approximately 8,000 licenses because NMSS and IE do not record staff time to the docket number specifically assigned to the application or license.

Instead l

professional staff time expended for the review of these applications is charged to a broad category of license, e.g.,

medical institutions.

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Collections i

Collections under the revised schedule of fees are estimated to be approximately $50 million in FY 1982. This estimate assumes adoption of the revised schedule on April 1, 1982.

In FY 1983 l

estimated collections would be approximately 540 million. - This is approximately twice what would be received under the present schedule.

In sumary, we believe that for production and utilization i

facilities and major fuel cycle licensing and regulation, the l

proposed revised fee schedule will recover the maximum permissible i

under 31 U.S.C. 483a, as presently construed by the courts.

t Recommendations: That the Commission:

l.

Acorove the proposed amendments set forth in Enclosure f

"C" for publication in the Federal Register for a 60-day public coment period.

2.

Note that a Regulatory Flexibility Certification indicating f

that these amendments, if promulgated, will not have a i

significant economic impact on a substantial' number of small entities is included within Enclosure "C".

The Chief Counsel f.or Advocacy of the Small Business Adminis-i tration will be notified of this certification and the l

reasons for it.

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3.

Note that the amendment, if promulgated, will not require i

additional reports or data from licensees.

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4.

Note that a public announcement will be issued when the amendments are filed with the Office of the Federal l

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Register.

i 5.

Note that the FR notice will be distributed directly to all NRC licensees.

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The Commissioners,

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6.

Note that the Subcommittee on Energy and the Environment, Subcommittee on Nuclear Regulation, Committee on Energy and Power, and Subcommittee on Environment, Energy and Natural Resources will be notified ~of this action. The Office of Management and Budget will also be notified.

7.

Note that pursuant to 3 51.5(d) of the Ccnmission's regulations, neither an environmental impact statement nor a negative declaration. need be prepared in connection with the proposed amendment since it is non-substantive and insignificant from the standpoint of environmental impact.

8.

Note that a value-impact analysis is not reouired. This is a budgetary item only and has no effect on nealth and safety.

9.

Note that if the proposed schedule is adopted, a staff increase consisting of one professional and one clerical will be required for the License Fee Management Branch.

10.

Note that during the FY 1983 budget deliberations, OMB staff expressed interest in NRC revising its license fee schedule in order to recoup a larger portion of government funds expended for licensing. Also, the President's September 30, 1981 letter to Congress revising NRC's FY 82 budget, indicates that NRC's share of the overall 12%

reduction was adjusted to take account of a $15 million increase in fee collections.

Scheduling:

For discussion at an early open meeting.

Coordination:

This paper has been coordinated with the Offices of Nuclear l

Reactor Regulation, Nuclear Materials Safety and Safeguards, Inspection and Enforcement, Controller, Executive Legal Director, and the Division of Rules and Records.

A William J. Dircks Executive Director for Operations

Enclosures:

A - Fee Guidelines i

B - List of Included & Excluded Services C - Proposed Revision of License Fee Schedule l

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Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Thursday, Noveuber 12, 1981.

j Commission Staff Office comments, if any, should be submitted to the Commissioners NLT November 4,1981, with an information copy to the j

Office of the Secretary.

If the paper is of such a nature that it requires additional time for ani.lytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.

i DISTRIBUTION i

Commissioners l

Commission Staff Offices Exec Dir for Operations Exec Legal Director ACRS j

ASLBP t

ASLAP Secretariat i

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ENCLOSURE "A" r

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-S-i NUCLEAR REGULATOPY COMMISSION i

FEE GUIDELINES f

1.

Fees may be assessed to persons who are identifiable recipients of special benefits conferred by specifically identified activities of the U.S. Nuclear e

Regulatory Commission., The special benefits include services rendered at the request of a recipient. Service-s include the review of an appl cation or f

request for a permit, license, approval, amendment, or special project, and all services necessary to assist a recipient in complying with statutory obligations or obligations under the Commission's regulations; 2.

All direct and indirect costs incurred by tne NRC in providing special benefits may be recovered by fees; 3.

It is not necessary to allocate costs in proportion to the degree of public or private benefit resulting from conferring a special benefit on a recipient; 4.

Where the identification of the ultimate beneficiary of the NRC service is l

obscure, the cost may not be includet' n the cost basis for fees; 5.

A fee on the average should not exceed the sum of the direct and indirect costs which the NRC incurs in furnishing the service for a member of ?.he class of recipients for which the fee is essessed; and 6.

Calculation of agency costs shall be performed as accurately as is reasonable and practical, and shall be based on specific expenses identified to the smallest practical unit and associated with the rendering of the type of i

agency service to the particular class of recipients.

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ENCLOSURE "A" I

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l Office of Nuclear Reactor Regulation Items For Fee' Consideration j

Present Schedule Proposed Schedule ~

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' Included

. Excluded Included Excluded l

Safety, environmental, QA, X

X antitrust and safegtards l

activities relating to f

,rview of CP's and OL's l

Amendment review X

X-l Topical report review X.

X Std. reference design review X

X for NSSS and BOF Hot & cold exams-for initial X

X

.j start-up of O'

-i Replacement and reexams of X

X-1 operator licenses i

Standards. codes & licensing X

X l

guides i

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Research Coordinrtion X

X l

Generic effort not specifically X

X l

identified with an application Indemnity Program X

X Commission Orders (no application X

X i

from licensee) l Amendments and approvals resulting from Commisr*cn Orders X

X f

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i Office of Nuclear Materials Safety and Safeguards Items For Fee Consideration present Schedule Proposed Schedule Included Excluded Included Excluded Safety, environmental, &

X X

safeguards activities relating to processing applications Amendment & renewal review X

X Standards & licensing guides X

X Research Coordination X

X Generic effort not specifically X

X identified with an application State agreements program effort X

X l

Enclosure B l

Office of Inspection and Enforcement Items For Fee Consideration Present Schedule Proposed Schedule Included Excluded Included Excluded Routine health, safety, environ-X X

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~ maatal, and safeguards inspections.

Quality assurance inspections X

X during preconstruction, construction, and preoperational phases of facility licensing.

Non-routine inspections - incidents, X

X investigations & enforcement Generic activities not relating to a X

X specific license Standards effort X

X Export-safegLards & agreement state X

X program Safety Reviews for OL's and reactor X

X license amendments

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. Advisory Committee On Reactor Safeguards Items For Fee Consideration Present Schedule Proposed Schedule Included Excluded included Excluded Safety issues relating to X

X processing CP's and OL's Generic studies, research X

X and standards development activities Atomic Safety And Licensing Board Panel Safety & environmental work X

X on uncontested cases Safety & environmental work X

X on contested cases Generic work (rulemaking, show X

X cause, special projects)

Atomic Safety And Licensing Appeal Panel Uncontested casework X

X Contested casewerk X

X i

l Enclosure B

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Other Commission Offices.

I Present Schedule Proposed Schedule

'I Included Excluded

.Includea Excluded i

Office of Standards

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Development X

X l

t Office of Nuclear l

Regulatory Research X

X

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i Office of the Commissioners X

X s

Office of General Counsel X

X i

i Office of Policy l

Evaluation X

X.

Offices of Inspector and X

X-Auditor, Congressional Affairs, Public Affairs, and Equal. Employment Opportunity j

Office of State and International Programs X

X

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.i Offices of Secretary, i

Executive Director for jl Operations, Administration,

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Management and Program i

Analysis, Controller, and l

Executive Legal Director Those services support-X X

ing the licensing-and inspection process.

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i Enclosure B

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i ENCLOSURE "C" s

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NUCLEAR REGULATORY COMMISSION 10 CFR Part'170 Proposed Revision of License Fee Schedules AGENCY:

Nuclear Regulatory Commission.

ACTION:

Proposed rule.

SUMMARY

The Nuclear Regulatory Commission proposes to amend its regulations and fees for inspections and review of applications for permits, licenses, amendments, renewals, topical reports, and special projects. The revised schedule of fees will more completely recover costs incurred by the Commission in providing services to identifiable recipients.

DATES:

The comment period expires Comments received after will be considered if it is practical to do so, but assurance i

of consideration cannot be given except for comments received on or before this date.

t ADDRESSES:

Send comments to: Secretary of the Commission, U.S. Nuclear i

Regulatory Commission, Washington, DC 20555. Attention: Docketing and Service Branch. Deliver comments to: Room 1121, 1717 H Street, N.W., Washington, D.C., between 8:15 a.m. and 5:00 p.m.

Copies of comments may be examined and copied at: the Commission's ?ublic Document Room at 1717 H Street, N.W.,

Washingten, D.C.

i FOR FURTHER INFORMATION CONTACT: William 0. Miller, License Fee Management-l Branch, Office of Administration, U.S. Nuclear Regulatory Commission, i

Washington, D.C.

20555 Telephone:

(3Gi)492-7225.

SUPPLEMENTARY INFORMATION: On February 21,1978 (43 FR 7210), as corrected i

March 22,1978 (43 FR 11815), the NRC amended 10 CFR Part 170 to revise its schedule of fees (hereinafter referred to as March 23, 1978 schedule) for applications, permits, and licenses; and to establish fees for routine i

inspections and cpplications for amendments, renewals, standard designs i

filed by vendors and architect-engineers for approvals, special projects, spent-fuel casks and shipping containers, approval of sealed sources and devices containing or utilizing byproduct, source, or special nuclear materials, approval of power sources, and approval of topical reports. The l

revised schedule was developed pursuant to Title V of the Independent Offices l

Appropriation Act of 1952 (10AA) and guidance provided by the Su,preme Court on March 4, 1974 in its decision of National Cable Television Association, Inc.

l

v. United States, 415 U.S. 336 (1974) and Federal Power Commission v. New Encland Power Comoany, 415 U.S. 345 (1974).

In these decisions the Court held tnat tne 10AA authorized an agency to charge fees for special benefits rendered to identifiable persons measured by the "value to the recipient" of i

the service. On December 16, 1976, the Court of Appeals for the District of i

Columbia further clarified the meaning of I0AA in four decisions. National l

Cable Television Association v. Federal Communications Commissions, No. 75-1503 et. al; National Association of Broadcasters v. Federal Communications l

Commission, No. 75-1087 et al.;

i Enclosure C i

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. i Electronic Industries Association v. Federal Communications Commission, No. 75-1120 et. al.; anc Cacital Cities Communication, Inc. v. Federal Cocrnunications Commission, No. 75-1503 et. al. These cecisions of_the l

Supreme Court anc t.ourt of Appeals erabled the Comission to develop new l

license fee guidelines which were used as the criteria in analyzing the functions and activities of the NRC offices and determining which activities l

were subject to cost recovery and which were not.

The guidelines provide that:

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l.

Fees may be assessec to persons who are identifiable recipients o.

special benefits conferred by specifically identified activities of the U.S.

Nuclear Regulatory Commission. Special benefits include services rendered i

at the request of a recipient and encompass activities such as the review I

of an application or request for a permit, license, approval, amendment, l

renewal, or special project, and all services necessary to assist a i

recipient in complying with statutory obligations or obligations under the l

Comission's regulations; 2.

All direct and indirect costs incurred by the NRC in providing special benefits may be recovered by fees;

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3.

It is not necessary to allocate costs in proportion to the degree of public or private benefit resulting from conferring a special benefit on a recipient; j

4 Where the identification of the ultimate beneficiary of the NRC service is obscure, the cost may not be included in the cost basis for fees; 5.

A fee on the average should not exceed the sum of the direct and indirect costs which the NRC incurs in furnishing the service for a member of the class I

of recipients for which the fee is assessed; and l

i 6.

Calculation of agency costs shall be performed as accurately as is l

reasonable and practical, and shall be based on specific expenses identified j

to the smallest practical unit and associated with the rendering of the type of service to the particular class of recipients.

The revised schedule was based on a detailed anlysis of individual NRC l

offices wnich identified those activities that met the test for cost recovery.

l In this process, each activity was classified as included or excluded in j

cost computation. The same test was applied to contractual support services.

i Finally a professional staff rate was developed for the Offices of Nuclear Reactor Regulation, Nuclear Material Safety and Safeguards, Inspection and i

Enforcement and the Advisory Comittee on Reactor Safeguards, Atomic Safety l

and Licensing Board Panel and the Atomic Safety and Licensing Appeal Panel.

l A detailed report of the functions and activities of each NRC office and i

explanation of fee development was published in the Federal Register, May 2, i

1977 (42 FR 22149-22163) and Feoruary 21,1973 (43 FR 7210-7227). A Nuclear I

Regulatory Commission document, NUREG-0258, U.S. Nuclear Regulatory Comission Determination of Proposed License Fees for Fiscal Year 1977, summarized fee 1

i Enclos'ure C l

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calculttions. Copies of these documents were made available to the public and cucies are available in the NRC public Document Room at 1717 H Street, Washington, DC 20555. Copies may be obtained by writing to the Nuclear Regulatory Commission, License Fee Management Branch, Washington, DC 20555.

l On August 24, 1979, the U.S. Court of Appeals held in Mississiooi Power and Light Co. v. U.S. Nuclear Repulatory Com:ission, 601 F. 2c 223 (1979),

cert. cenied 444 U.S. 1102 (1980), tna*-

(1) The Nuclear Regulatory Commissian had the authority to recover the full cost of providing services to identifiable beneficiaries; (2) the NRC could properly assess a fee for the costs of providing routine inspections necessary

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to assure a licensee's compliance with the Atomic Energy Act and with applicable regulations; (3) the NRC could charge for costs incurred in l

conducting environmental reviews required by NEpA: (4) the NRC properly

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included in tne fee schedule the costs of uncontested hearings and of adminis-trative and technical suoport services; (5) the NRC could assess a fee for renewing a license to operate a low-level radioactive waste burial site; and (6) the NRC's fees were not arbitrary or capricious. The Appeals Court upheld the Commission's license fee guidelines.

l 4

i An examination of c:.rrent costs of providing licensing and other review and inspection services demonstrates that the Commission's current fee schedule i

for inspections and reviews does not ade::uately reflect the intent of Congress as set forth in the Independent Offices Appropriation Act of 1952, whicn states in pertinent'part:

l "It is the sense of the Congress that any work, service, publication,

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r6DJrt, document, benefit, privilege, authority, use, franchise, license, pemit, certificate, registration, or similar thing of value or utility performed,-furnished, provided, granted, prepared, or issued by any Federal agency (including wholly owned Government i

corporations as defined in the Government Corpcration Control Act of 1945) to or for any person (including groups, associations, organications, partnerships, corporations, or businesses), except those engaged in tne transaction of official business of the Government, shall be self-sustaining to the full extent possible, and the head of eacn Federal agency.is authori:ed by regulation (which, in the case of agencies in the executive branch, shall be as uniform as pra:ticable and subject to such policies as the President may prescribe) to prescribe therefor such fee, charge, or price, if any, as he shall determine, in case none exists, or l

redetermine, in case of an existing one, to be fair and equitabl.

taking into consideration direct and indirect cost to the

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Gover. ment, value to.the recipient, public policy or interest sersed, and other pertinent facts, and any amount so determir.ed or *edetermined shall be collected and paid into the Treasury as miscellaneous receipts."

j The basic functions and regulatory activities of the various NRC offices have Enclosure C i

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... not changed since the last revision of fees in 1978.

However, the emphasis on safety has increased appreciably and costs have increased.

Fees for Construction Permits, Coeratino Licenses, and Amendments /Accrovals Current charges for reactor construction permits and operating licenses are based on actual cost but the regulations impose an upper limit. This limit reflected costs in FY 1977 for the type of plant (custom or standard) and the number of units at a site. Today this ceiling prevents full cost recovery for most.

applications.

In view of increased licensing effort and costs, the ceiling or limit on fees for reactor permits and licenses will be removed. The current range of costs for construction permit and operating licenses are shown below for illustrative purposes. Fees may fall either above or below the rcnges and charges would be based on actual costs.

The table provides a comparison of current fees and present costs.

The present system of classifying reactor amendments and approvals in accordance with.170.22 is being eliminated, and all applications heretofore subject to a fixed fee based on class will be subject to a fee based on actual review costs. This includes applications from licensees for relief.or exemption from, and for an extension of time tc comply with, the requirements of NRC regulations now or hereafter in effect. The table below shows that, based on experience, costs to review power reactor amendments and other required approvals for an amendment application currently range.from $150 to approximately

$135,900. Costs for1&mendments and approvals:for test and research facilities range from $150 to apprpximately $34,600.

The NRC processes large numbers of applications to amend materials licenses, reacton construction permits, operating licenses, and other required approvals.

A number of these applications are currently exempt from fees because Part 170 exempts amendments and approvals that result from 2.204 Orders. This exemption is being eliminated.

COMPARISON OF PRESENT FEES WITH ACTUAL COSTS Rance of Facility License Fees Assessed Per Action Current (3/78) Schedule Rance of Present Costs Power Reactors From Jo, From To_

o Construction Permit Review

$846,800

$1,069,000 51,943,800

$2,817,100 Operating License Review

$829,100 51,024,500 52,357,100 52,751,500 Amendment Reviews

$400

$45,900

$150

$135,900 Research & Test Reactors Amendment Reviews

$600

$20,000

$150 534,600 Enclosure C i

m

_ =

I s

r Topical Recorts i

The current upper limit of $20,000 for review of a topical report or revision is being e'iminated and reviews will con-tinue to be based on actual riview costs.. Most topical report reviews are in the $1,400 to 358,000 range. Reviews for re-visions to approved topicair will be assessed fees in the same manner as the basic report (i.e., based on actual costs).

Reactor Ooerators i

Applications to qualify and to requalify Part 55 reactor operators will be subject to fees based on NRC costs. Costs will be billed to the utility employing the operator (s).

l Annual costs for requalification, replacement and reexamination at a site is approximately 5120,000. The costs of the cold and initial hot examinations of reactor. operators to staff the plant at the time a Part E0 license is issued is approximately $50,000 and will continue to be assessed as part t

of the operating license costs.

Desien Accrovals The schedule of fees for review of applications for preliminary and final design approvals of nuclear steam supply systems and balance of plants will be revised to require full cost recovery.

The delayed pay schedule for tne five installment payments as approved designs are referenced in a utility application will be eliminated.

Insoections i

The Commission will continue to charge for routine inspections; however, based on a policy decision, the 1978 fee, schedule excluded non-routine inspections from fee recovery. Tne Commission propo:es to change this policy and charge for all r

inspections because non-routine inspections and routine inspections deal with tne same fundamental issues of safety, health physics, safeguards, physical seewity, and protection of the environment. Consequently, all inspections for Part 50 reactor facilities, Part 30 waste burial facilities and spent fuel storage facilities at nuclear power plants and Parts 40 and 70 licensed fuel cycle facilities will be subject to fees.

In the proposed schedule, inspection fees will be based on t

actual costs rather than the currently fixed costs for Part 50 licensed reactor program! ' art 30 waste disposal burial licenses and low level radioactive v.ste storage facilities at nuclear power plants as classified in fee category 4A, Part 40 source raterial licenses classified in fee catego.y 2A, and Part 70 licenses classified in fee categories lA and 13. The inspection fee senedule for Parts 30, to and 70 byproduct material licenses, source material licenses and special nuclear material licenses, except tnose in fee categories l A, IB, 2A and aA, will not be revised at tnis time. Tne following table; compare inspection charges under the Maren 23, 1978 fee schedule witn the current range of costs.

Enclosure C

e i r Routine Inscection ' Fees (Per Year) 1 Range of Present Inspection Range of Current Schedule (3/78)

Costs Safety Safeguards Safety Safeguards From To From To From To From To Power Reactors

$60,400'

$75,700

$9,500

$11,800 $36,900 $134,700

$1,900

$12,700f Research.&-Tet

$4,200

$9,000

$1,300

$6,$00

$700

$2,100

$250

$700 Reactors f

l Non-Routine ( All Other) Insoection Costs (Per Year)

Range of Present Inspection Range of Current Schedule (3/78)

Costs Safety Safeguards Safety Safeguards j

From

))L From

))t f

Power Reactors Presently No Charge

$3,800

$64,900

$150

$4,500 Research & Test Reactors Presently No Charge

$150

$700

$150

$700 l

Enclosure C l

l

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SIM1ARY OF CilANGE IN MATERIALS INSPECTI0ft FEES AND COSTS BASED ON TOTAL ANNUAL ASSESSMENT Routine Inspections Current.3/78 Reactive inspections Category Schedule Current 3/78 Present Range Of P._ resent Ranoe of Colts.

Schedule from To costs from

.To

], A, Special Nuclear Material 2 5 K_g U-235 or 2 Kg U-233 for fuel fabrication (7 20%)

Sa fety

$15,900

$2,000

$18,400 None 150

$8,500 Sa feguards 30,900

$23.900

$88,000 None 150

$37,100

> 5 Kg U-235 for fuel fabrication (<. 20%)

Safety

$15,900

$2,000

$13,800 None 150

$8,000 Sa feguards

$10,300

$2,400

$17,500 None 150

$31,800 2 2 Kg Pu for fuel fabrication Sa fe ty

$18,400

$3,800

$15,000 None 150

$8,000 Sa feguards

$35,100

$5,000

$47,600 None 150

$24,400 2 5 Kg U-235 or >2 Ko 0-233.

other than fuel fabrirailDa Sa fety

$4,900 150

$1,100 None 150

$5,700 Sa feguards

$15,200

$13,700

$17,609 None 150

$8,300 2 2 Kg Pu for activities other than fuel fabrication Sa fety

$780 l_/

None lj Safeguards

$10,800 None 200 grams to4 2 Kg of Pu Sa fety

$780 l_/

None l_/

Sa fegua rds

$2,300 None 350 to<5 Kg of U-235 or 200 g to <2 Kg U-233 g

Sa fety

$780

$1,600

$3,200 None

$750

$1.500 g'

Safeguards

$4,000

$23,600

$38,700 None

$6,000

$9,70^

E, If No individual licensees in this category t

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~ f Materials Licenses Section 170.31 is being revised to eliminate the present I

ceiling on fees for source, byproduct and special nuclear i

material licenses currently in fee categories lA through i

1H, 2A, 2B, 2C, and 4A, transportation package approvals i

in fee categories llA through llE, and approvals of i

standardized spent fuel facility design in fee category 12.

Fees for these licenses and approvals will be based on actual costs. The following table compares the March 23, l

1978 schedule of licensing fees with the current range of costs for these licenses. This table is included for illustrative purposes only so that licensees who are currently subject to fees based on actual costs may use the table as a guide to determine what they might expect to pay for new licenses, approvals, amendments and renewals under the proposed schedule. Since fees will be based on actual costs, the final costs could be less or more than the fee ranges shown in the table.

In the proposed schedule, licenses for special nuclear i

material, source material, and transportation package approvals have been combined into fewer categories to simplify the fee schedule. Special nuclear materials licenses currently in fee categories lA through 1G have been combined into fee category 1.A.; licenses in fee category 1H become 1B; fee category II becomes 1C and fee category 1J becomes category 1D in the proposed schedule. Source material licenses currently in fee categories 2A, 2B and 2C have been combined into revised fee category 2A, and all other source material licenses would fall in fee category 23.

Fee i

categories llA through llE for spent fuel casks, packages and containers have been consolidated into fee category llA.

In addition, fee category 4A is being revised to cover fees for applications for licenses authorizing contingency t

storage of low level radioactive wastes at the site of nuclear reactors.

Enclosure C

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Professional Rate The rates for the professional staff in the Offices of Nuclear,

Reactor Regulation, Nuclear Materials Safety and Safeguards, Inspection and Enforcement, and the Advisory Committee on N

Reactor Safeguards, Atomic Safety.and Licensing Board Panel and Atomic Safety and Licensing Appeal Panel nave been i

adjusted to take into account employee pa Years 1978-81, and the inflation factor (y raisen for Fiscal used in formulating the budgets for FY 1978-81) for all other allocated costs and i are shown in the tables below.

's Average Cost Per Profe'ssional Staff-Year Computation FY 1981 NUCLEAR MATEM AL SAFETY AND SAFEGUARDS

{

3alarias &

All Other Senefits Costs Total

~

1 FY 1977 Professional Staff-Year Cost

$50,413 518,830

$69,243 FY '78 Increase 3,554(7.05%)

1,22?(5.5%)

4,778

{

i FY 1978 Cost

$53,967 520,054

$74,021 i

FY '79 Increase 2,968(5.5%)

1.304(5.5%)

4.272

)

FY 1979 Cost

$56,935

$21,358

$78,293 e

t

'l FY '80 Increase 4,01a(7,05%)

1.281(5%)

5,295 FY 1980 Cost

$50,949 522,539

$33,588 FY '81 Increase 5.546(9.1".)

1. 3 52( 5',')

5.904 i

FY 1981 Cost

$56,495

$23,997

$90,a92 r

i Enclosure C f

l.'

.,\\

e

.y

-+,,-- -

,... ~,

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-+

-~

r-

n j

I i

Average Cost Per Professional Staff-Year Computation FY 1981 NUCLEAR REACTOR REGULATION

/

Salaries-&

All Other i

Benefits Costs Total FY 1977 Professional Staff-year Cost

$51,897

$18,115

$70,012 FY '78 Increase 3,559(7.05%)

1,177(6.5%)

4,836 FY '78' Cost

$55,556

$19,292

$74,848

(

s

.FY '79 Increase

,8 3,056(5.5%)'

1,254(6.5%)

4,310 FY '79 Cost

$58,612

$20,546

$79,158 FY '30 Increase 4,132(7.05%)

1,233(5%)

5,365 l

FY '80 Cost f

$62,744

$21,779

$84,523 i

FY '81 Increase 5,71 0(9.1%)

1,307(5%)

7, 01 7 f

FY 'B1 Cost i

$68,454

$23,086

$91,540

'l k

Enclosure C

i 1

.9 I

i l

i Average Cos't Per Professional Staff-Year Computation FY..1981 l'

INSPECTION AND ENFORCEMENT Salaries And All Other Bene fits Costs

Totaj, FY 1977 Professional Staff-Year Cost

$46',434 518,189

$64,623 l

i I

FY '78 Increase 3,27a(7.05%)

1,182(6.5%).

4,456

{

FY 1973 Cost

$49,708 S19,371

$69,079 i

FY '79 Increase

' 2,73 4(5. 5%)

1,259(6.5%)

3,993' FY 1979 Cost

$52,442

$20,630 573,072 F

'80 Increase 3.697(7.05%)

1,238(6%)

4,935 FY 1980 Cost

$56,139 521,868 578,007 FY '81 Increase 5,109(9.1%)

1,312(6r,)

5,221 i

FY 1981 Cost

$61,248 523,180 B4,423 I

l l

l Enclosure C

~

4 7

.j

~

28-i r

Average Cost Per Professional Staff-Year' Computation FY 1981 ADVISORY COMMITTEE ON REACTOR SAFEGUARDS

'i Salaries &

All Other f

Benefits Costs Total i

FY 1977 Professional Staff-Year Cost

$44,928

$44,166

$89,094 i

FY '78 Increase

~3.157(7.05%)

2,371(5.5%)

6,038 FY 1973 Cost

$48,095 547,037

$95,132 i

FY '79 Increase i

2,645(5.5%)

3,057(5.5%)

5.702-

<t FY 1979 Cost t

550,740 550,094 5100,834 l:

't FY '80 Increase i

3,577(7.05%)

3,006 (5%)

6,533' FY 1980 Cost.

S54,317 553,100

$107,417 i

i FY '81 Increase 4,943(9.1%)

3,186(6%)

8.129 FY 1981 Cost

$59,260 556,236 5115,545 t'

i i

r

\\

i Enclosure C I

1 i

I l

8

(

t,

Average Cost,Per Professidnal Staff-Year Computation FY 1981 ATnMir tareTV ann iterNetNn_spoeat caNet Salaries.&

All Other Benefits Costs To'ta l FY,1977 Professional Staff-Year Cost

$53,112 524,942

$88,054 FY '78 Increase.

4.449(7.05%)

1,521(5.6%)

5,070 FY 1978 Cost

$57,551

$25,563

$94,12a-FY '79 Increase 3.716(5.5%)

1.727(5.5%)

5.da3 Ff 1979 Cos:

571,277 528,290

.599,557 FY 'SO Increase 5.025(7.05%)-

'l.697(5%)

5.722

'FY 1980 Cost

$75,302 529,937

$105,2S9 FY '81 Increase 6,943(9.1%)

1,799(5%)

'8,7a2 FY 1981 Cost 583,245 531,785

$115,031 Enclosure C

d

. 30 Average Cost Per Professional Staff-Year Computation FY 1981 ATOMIC SAFETY AND LICENSING BOARD PANEL

{

Salaries &-

All~0ther l

Benefits Costs Total i

FY 1977 Professional Staff. Year Cost

$53,630

$31,799

$85,429 FY '78 Increase 3,781(7.05%)

2,067(6.5%)

5,348 f

?

FY 1978 Cost

$57,411

$33,866

$91,277 l

FY '79 Increase 3,158(5.5%)

2,201(6.5%)

5,359 FY 1979 Cost

$60,569

$36,067

.$96,636 i

FY '80 Increase 4,270(7.05%)

2,16a(6%)

. 6.434

.t i

FY 1980 Cost

$64,839

$38,231

$103,070

/

FY '21 Increase 5,900(9.1%)

2,29a(5%)

8,19a FY 1981 Cost

$70,739

$40,525'

$111,254 i

i I

[

l i

6 Enclosure C

h y

1 '

i Fee Collection i

It is proposed that the NRC billing crocedure be revised whereby applicants would pay review and licensing costs as the review progresses at the end of each six-month review period, and the final installment would become due when the review of the application for a permit, license, approval, renewal, amendment, or a.special project is complete, at which i

time the balance of the NRC expenditures for professional staff I

time and appropriate costs for support services will be determined and the resultant charge assessed. In no event will the fee assessed exceed the actual cost of reviewing an application. The revised billing procedure will be applicable only to those application reviews subject to fees based on i;

actual costs as designated in the schedule of fees. For applications where review charges are. based on actual costs, it will require that a fee be assessed for any application that has been pending with the Commission for six months or longer at the time this revised atual cost billing procedure i

becomes effective.

Fees for applications not subject to r

actual-cost charges will remain payable at the time the I

application is filed with the Commission. Under tne revised i

procedure, charges will be assessed against all applicable applications currently un file with NRC and pending review for permits, licenses, approvals or special projects except i

applications for renewals, amendment, and other required 1

approvals for which fees have been paid under the current schedule.

The new billing procedure will enable applicants i

to pay for work as it is being done and will require smaller l

outlays of money at any one time.

It will also bring greater j

reliability to any collection forecasts made by the Commission.

l For all inspections initiated after the effective date of this rule, the Commission will bill inspection fees for all licensees subject to actual cost computation at the end of each calendar-quarter. All other inspection fees will be due upon notifi-cation by the Commission.

l 1

I i

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I l

l I

Enclosure C

'l l

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e V

1 t

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s a

1 n

-32 t '

r s

t t.

. REGULATORY' FLEXIBILITY CERTIFICATION i

In accordance with the Regulatory Flexibility Ach of 1980,'

5 U.S.C.605(b), the Commission hereby-certifies that this rule will not, if promulgated, have a significant economic impact on a substantial number of'small entities. - This

't-proposed rule affects the licensing and inspection of nuclear-power plants, other production or utilization facilities, and vendors of: nuclear power ^ steam supply systems and talance of nuclear power plants. The proposed; rule also affects materials facilities engaged in uranium and plutonium fuel fabrication, uranium milling, leaching'and refining operations,.

source material ore-buying and ion exchange 1 activities, burial and storage of f low level radioactive waste, spent' fuel cask and '

package' approvals, and other users of critical quantities of

.i special nuclear materials. The companies that own these l

businesses do not fall within the scope of the definition of "small entities" set forth in Section 601(3) of. the Regulatory Flexibility Act, or within the definition of "small business" as set forth in Section 3' of the Small' Business Act,15 U.S.C. '

632, or the Small Business Size Standards, set out in regulations i

issued by the Small Business ' Administration at.;3 CFR Part 121.

In addition, even if any of the materials licensees could'be j

considered a small business, the number of licensees affected could not be expected to be " substantial" under 5 U.S.C.

605(b).

i In.the event any affected licensee considers itself a small-

}

business under the terms of the Regulatory Flexibility Act, the NRC would appreciate comments on how the regulations could

~

be modified to take into account the dif.fering needs of small j

entities.

Specifically, they should discuss t

(a) the size'of their business and how the proposed i

regulations'would result in a significant' l

economic burden upon them as compared to larger j

organizations in the same business community; i

(b) how the proposed regulations could be modified to take into account their differing needs or capabilities; (c) the benefits that would accrue, or the detriments -

l that would be avoided,. if the proposed regula-l tions were modified as suggested by the commenter; (d) how the proposed regulations, as modified, would more closely equalize the impact of NRC regula-tions or create more equal access to the benefits of Federal programs as opposed to providing special advantages to any individuals or groups.

r Enclosure C

.o I

)

s i t

j PAPERWORK REDUCTION ACT i

The proposed amendments do not require additional reports or paperwork.

. Pursuant to >the Independent Offices Appropriation Act' of 1952 (31 U.S.C. 483a),

the Atomic Energy Act of 1954, as amended, and Sections 552 and 553 of Title 5 of the United States Code, notice is hereby given that adoption of the follow-ing amendments to Part 170,. Title 10, Chapter 1,' Code of Federal Regulations, is contemplated.

PART 170 - FEES FOR FACILT7IES AND t

MATERIALS LICENSES AND L.HER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED 1.

The authority citation' for Part 170 continues to read as follows:

I Authority: Sec. 501, 55 Stat. 290 (31 U.S.C. 483a); Sec. 301, Pub. L.92-314, 85 Stat. (42 U.S.C. 220lw); Sec. 201(f), Pub. L.93-438, 88 Stat.1243 (42 U.S.C. 5B41.

1 2.

Section 170.2 is amended to delete the word " routine" before the phrase

" safety and safeguards inspections... % nd to read as follows:

1170.2 Scope.

Except for persons who apply for er hold the permits, licenses, i

or approvals exenpted in 1170.11, the regulations in this part l

apply to a person who is an applicant for or holder of a specific byproduct material license issued pursuant to Parts 30 and 32-35 of this chapter, a specific source material license issued pursuant to Part 40 of this chapter, a specific special nuclear material license issued pursuant to Part 70 of this charter, a specific approval of spent fuel' casks and shipping containers issued pursuant to Part 71 of this chapter, a specific request for approval of sealed sources and devices containing byprocuct material, source material, or special nuclear material, or a i

production or utilization facility construction permit and

- 1 operating license issued pursuant to Part 50 of this chapter.

operator licenses issued pursuant to Part 55, to safety and safeguards inspections of a licensed person, to a person who f

applies for approval of a reference standardized design of a

-nuclear steam supply system or balance of plant, for review of a facility site prior to the submission of an application for a-construction permit, for review of a standardized spent fuel facility design, and for a special project review which the Commission completes or makes whether or not in conjunction with a license application on file or which may be filed.

i Enclosure C i

i r

t 3.

New paragraphs' (y) and (:) are added to 1170.3 to read as follows:

1170.3 Definitions.

}

(y) " Application" means any request for a permit, licensc, approval, exemptior., certificate, other permission or for any other serivce, filed by a person pursuant to Commission regulatinns.

(z) The phrase " review is completed" as used in this part means that the review has been brougnt to an ends whether by reason of issuance of a permit, license, approval, certificate, exemption, or other form of permission, a denial of tne application, or by its withdrawal, s>< x cn or postponement.

4.

In 1170.12 paragraphs (b)-, (c), (d), (e) and (f) are amended to read ad follows; 1170.12 Payment of fees.

(b) License Fees. Fees for review of applications for permits, licenses, anc facility reference standardized design approvals are payable upon notifi-cation by the Commission. Six months after the application is filed, the applicant will beb.illed for accumulated costs, and at the end of each six-i month period thereaf ter. The final installment will become due when the review is completed. For applications where review charges are based on actual costs and the application has been pending with the Commission for six months or longer, a fee will be assessed at the time this rule becomes effective.

(c) Amendment Fees and Other Reccired Approvals. All applications for t

amendments and other required approvels subject to actual cost reviews shall be accompanied by an application fee of $150.

Fees for amendments to permits and licenses and other required approvals whi.ch are subject to actual i

cost reviews are payable upon notification by the Commission. Six months after the application is filed, the applicant tdll be billed for accumulated costs and at the end of each six-month period thereafter. The final installment will become due when the review is ccmpleted. Amendment fees for materials licenses and approvals not subject to' actuai cost reviews are payable at the time the applicatfon-is filed.

(d) Renewal Fees. All applications for renewals subject to actual costs reviews shall ~ce accompanied by.an application' fee of $150. Fees for renewal of permits and licenses and other required approvals are payable upon notifi-cation by the Commission. Six months after" the application is filed, the applicant will be billed for accumulated costs and' at the end of each six-month period thereaf ter. Tne final installment will become dn9 when the s

review is completed. F.enewal fees for meterials licenses and appr >vals not subject to actual-cost reviews are payable'at the time the applicatio", is II'd*

j Enclosure C

O (e) Approval Fees.

Fees for spent fuel casks, packages, and shipping container approvals, spent fuel storage facility design approvals, construction approvals, and facility reference standardized design approvals are payable upon notifi-cation by the Comission. Six months after the application is filed, the applicant will be billed for accumulated costs and at the end of each six-month period thereafter. The final installment will become due when the review is completed. For applications where review charges are based on actual costs and the application has been pending with the Comission for six months or longer, a fee will be assessed at the time this rule becomes effective.

(f) Special Project Fees. All applications for special projects shall be accompanied by an application fee of $150. Six months after the application is filed, the applicant wil1 be billed for' accumulated costs a M at the end of each six-month period thereafter. The final installment wi.1 become

~

due when the review is completed.

For applications' which have been pending with tne Commission six months or longef, a fee will be, assessed at the tim this rul'e becomes effective.

5.

5170.21 is amended to read as follows:

sl70.21 Schedule of fees for production and utilization facilities, review of reference standardized design approvals and special projects.

(a) Applicants for construction permits, manufacturing licenses, operating licenses and approvals of reference standardi:ed facilities designs, reactor operators, and special projects shall pay the fees described in the table i

below.

(b) Deleted.

Enclosure C

-36.

I i

l; i

SCHEDULE OF FACILITY FEES l

Facility Categories Type of Fees

. Fee

.f.i i

b A. ' Power Reactor Application-Construction Permi t........... 5125,000 Construction Permit........................ Actual Cost 1/

License:................................... Actual Cost 1/

i Amendment, Renewal, Other Approvals........ Actual Cost 1/

l Inspection 2/

Actual Cost /

1 l

3.

Standard Design Reviews Application................................$ 50,000 Approval................................... Actual Cos' O t

Amendment Renewal, Other Approvals........ Actual CostO 1

C.

Test Facility /Researcn Application-Construction Permit............$

5,000

]

Reac*~cr Construction Permit.....

Actual Cost 1/

6 11 c e n s e.................................... A c t u a l C Amendment, Renewal, Other Approval s........ Actual Cost 1/

Inspection 2/............................... Actual Cost 1/

D.

Manufacturing License Application-Construction Permit............$125,000

[

Constructi on Pe rmi t........................ Actual Cos t1/

.l 1

1 t

License.................................... Actual Cost /

i Amendment, Renewal, Other Approvals........ Actual CostM 9

I ns pecti on:/.............................. Ac tual Co s t1/

l i

E.

Uranium Enrienment Plant Application-Construction Permi t........... 5125,000 Construction Permit........................ Actual Cost 1/

License.................................. Actual Cost 1/

Amendment, Renewal, Otner Approvals........ Actual Cost 1/

Inspection I Actual CostE 5

F.

Advanced Reactors Applicatien-Construction Permit............Si25,000 Construc; ion Permit........................ Actual ' Cos t11 l

Li cens e..................................... A c t ua l Cos tEj Amendment, Renewal, Other Approvals........ Actual CostO I nspecti onU............................... Actual Cos tE G.

Part 55 Reviews Requalification, Replacement, Reexamination............................. Actual Cos t-) f Enclosure C 9.-r..

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.--m--cm,-yr.,_--mmm._,.

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SCHEDULE OF FACILITY FEES t

. Facility Categories Type of Fees Fee i

Application........................... 5150 l

H.

Special Projects Approval........................... Actual Costjf

.j i

i*

1/ Charge will be based on the expenditures.for professional staff time and appropriate support services.

2] Inspections covered by this schedJle are safety,. environmental, healta physics and special nuclear material safeguards inspections performed by NRC for purposes of reviewing a licensed program. Tnese inspections are performed througnout the fuli term of the license to assure that the authorized activities are being conducted in i

accordance witn the Atomic Energy Act of 1954, as amended, Commission regulations, and the ter:ns and conditions of the license.

4 I?

Enclosure C

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6.

1170.22,1170.23and1170.24 are removed.

i 7.

Section 170.31 is revised to read as follows:

I bl70.31 Schedule of fees for materials licenses and other regulatory services.

i Applicants for' materials licenses and other regulatory services and h'olders of materials licenses shall pay the following fees:

i SCHEDULE OF FEES FOR MATERIALS LICENSES _AND OTHED REGULATORY SERVICES i

j 3

Category of Materials Licenses Type of Fee.f 7,,

1.

Special nuclear material-1 A.

Licenses for 200 grams or more of Appl i cati on............. 5150 plutoni

..c 350, grams or more of Li cense.................. Actual Cos tM' l

containcc u-23c in unsealed form or 200 grams or more of U-233 in unsealed form.

Renewal.................. Actual Costy 3

i Amendment................ Actual Cos ta7 f

B.

Licenses for' receipt and storage of A;olication............. 5150 l

\\

spent fuei.

License.................. Actual Cos t1/

t Renewal s.................. Actual CostIl Amendment................ Actual ' Cos tN C.

Licenses for possession and use of Application-New license..$110 special nuclear material in sealed Renewal................. 5110 sources contained in devices used in Amendment................S 40 i

industrial measuring systems.

y i

D.

All otner special nuclear material Aoplication-New license..Sa50 i

licenses, except licenses autnorizing Renewal................. 5c50 special nuclear material in unsealed Amen dmen t............... 5110 form in coccination tnat would constitute a critical cuantity as defined in 1150.11 of Part 150 wnich snall pay tne same rate i

as Category 1A and special nuclear material l

for use in power generation wnicn sna11 pay the fee in Catgory 10.

2.

Source material:

A.

Licenses for source material in Apolication.

............$150 milling, insitu leaching, neap-L i c e ns e...................,,c tu al Co s ty' leaching, refining uranium mill concentrates to uranium hexafluoride, Renewal................. Actual CostE ore-buying stations and ion exchange faci W es.

"m* " d ** ',"................. c.,,a Cos:l/

.i 3.

All other source material licenses Application-New License. 5140 Renewal................. 3 70

• mencment............... 5 a0 Encicsure C

t t

}

b

? !

SCHEDULE OF FEES FOR MATERIALS LICENSES AND OTHER AEGULATORY SERVICES i

Category of Materials Licenses Type of Fee Fee j

3.

Byproduct Material A.

Licenses for possession and use of byproduct Application-New License..Sa60 material issued pursuant to Parts 30 and 33 of Renewal.................

5450 l

this chapter for processing or manufacturing of Amendmen t............... 5110 j

items containing byproduct material for commercial distribution, except byproduct material for use in power generation which shall pay the fee in category 10.

B.

Licenses issued pursuant to 132.72 of this chapter Application-New License. 5190 t

authorizing the processing or manufacture and Renewal.................

5150 distributjon of radiopharmaceuticals containing Amendment S 40 byproduct material.

.t C.

Licenses for byproduct material issued pursuant Application-New License. 5190 i

to Part 34 of this chapter for industrial Renewal.................

5150 radiography operations performed in shielded ra-Amendment................S 40 diography installation (s) or permanently designated area (s) at the address (es) listed in the license.

D.

Licenses for byproduct material issued pursuant to Application-New License. 5460 Part 34 of this chapter for industrial radiography Renewal................. 5460 operations performed in a shielded radiography Amendment............... 5110 installation (s) and at multiple temporary locations at the address (es) shown in tne licenses or at t

temporary jobsites of the licensee in the field.

E.

Licenses for possession and use of byproduct Application-New License. 5190 material in sealed sources for irradiation of Renewal................. 515 0 materials wnere the source is not removed from Amendment S 10 its shield (self-shielded units).

j F.

Licenses for possession and use of byproduct Acclication-New License..Sc50 l

material in sealed sources for irraciation of Renewal..................Sa60 materials wnere the source is exposed for irra-Amendment...............

5110 l

diation purposes.

G.

Licenses issued pursuant to Subpart 3 of Part 32 Application-New License. 5950

[

of this chapter to distribute items containing Renewal................ 5570 i

byproduct material or quantities of byproduct Amendment...............

5230 material to persens generally licensed unde-Parts 31 or 35 of this chapter, except specific licenses authorizing recistribution of iters r

which have been manufactured or imported under a specific license and licensed by the Commission for distribution to persons generally licensed under Parts 31 or 35 of this cnacter.

?

Enclosure "C"

j

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l I i I

SCHEDULE OF FEES FOR MATERIALS LICENSES AND OTHER RESULATOPY SERVICES f

i Category of Materials Licenses Type of Fee Eee i

H.

Licenses issued pursuant to Subpart A of Part Application-New License..$950 32 of this chapter to distribute items Renewal..................$570 l

containing byproduct material or quantities of l

byproduct material to persons exempt from the

^mendment................$230 j

licensing reg'uirements of Part 30 of this chapter, except: (1) 1532.11 and 32.18 of this chapter, (2) specific licenses authorizing re-j distribution of items and quantities which have i

been manufactured or imported under a specific license and licensed by the Commission for dis-tribution tb persons exempt from the licensing l

requirements of Part 30 of this chapter, and (3) specific licenses which authorize distribution of timepieces, hands, and dials.

I.

Licenses issued pursuant to 132.18 of this Application-New License..$190 f

chapter to distribute quantities of byproduct Renewal..................$150 material to persons exempt from the liceiising Amendment...............$

40 requirements of Part 30 of this chapter.

J.

Licenses issued pursuant to 132.14 of this Application-New License..$190 of this chapter to distribute timepieces, Renewal..................$150 hands, arid dials containing hydrogen 3 or Amendment................$ 40 promethium 147 to persons exempt from the licensing requirements of Part 30 of this chapter.

K.

Licenses for possession and use of byproduct Application-New License. 5190 material for research and development, except Renewal................. 5150 those licenses covered by categories 3A or 3B, Amendment................$ 40 and licenses covered by categories 73 or 7C authorizing medical research.

L.

All otherspecific byproduct material licenses, Application-New License. 5110 except those in categories 4A through 10A.

2/ Renewal..................$110 Amendment 5 40 4.

Waste Disposal:

A.

Licenses specifically authorizing the Application............. 5150 receipt of waste byproduct material' source material, or special nuclecr License.................. Actual CostE material from other persons for the Renewal.................. Actual Cost-)f purpose of commercial disposal bi land nmendment................ Actual Cost 1/

or sea burial by the licensee, and licenses authorizing contingency storage of low level radioactive waste at the site of nuclear power reactors.

?

Enclosure "C"

r<.

I

. SCHEDULE OF FEES FOR MATERIALS LICENSES AND OTHER REGttLATORY SERVICES' Category of Materials Licenses Type of Fee Fee:

4.

Waste Disposal:

B.

Licenses specifically authorizing Application-New License. 51,100 the receipt of waste byproduct material, Renewal..................$

570 source material, or special nuclear Amendment:

material from other persons for the Safety & Environmenta!..$

570 purpose of packaging the material. The Administrative

$ 150 licensee will dispose of the material by transfer to'another person authorized to receive or dispose of the material.

C.

Licenses specifically authorizing the Application-New License..$190 receipt of prepackaged waste byproduct Renewal.................

5150 material, source material, or special Amendment.................$ 40 nuclear material from other persons.

The licensee will dispose cf the material by transfer to another person authorized to receive or dispose of the material.

5.

Well logging and well surveys and tracer Application-New License. 5460 studies:

A. Licenses for possession and Renewal.................

5460 use of special nuclear material and/or.

Amendment...............

5110 byproduct material for well logging, well surveys, and tracer studies.

6.

Nuclear laundries:

A. Licenses for com-Application-New License.,$460 mercial collection and -laundry of items Renewal.................

5460 contaminated with byproduct material, Amendment...............

5110 source material, or special nuclear material.

7.

Human use of byproduct material, source material, or special nuclear material:

A.

Licenses issued pursuant to Parts Application-New License..$300 30, 40, and 70 of this chapter for Renewal.................

5270 human use of byproduct material, Amendment................$ 40 source material, or special nuclear material in sealed sources contained in teletherapy devices.

B.

Licenses issued pursuant to Parts 30, Application-New License. 5190 40, and 70 of this chacter to medical Renewal.................

5150 institutions, or two or more physicians Amendment................$ 40 on a single license, for human use of byproduct material, source material, or special nuclear ~ material, except licenses in category 7A.

Enclosure "C"

I I

I !

SCHEDULE OF FEES FOR MATERIALS LICENSES AND -0THER REGtfLATORY SERVICES f

i Category of Materials Licenses Type of Fee Fee j

7.

C.

Licenses issued pursuant to Parts 30, 40, Application-New License. 5190 and 70 of this chapter to an individual Renewal................. 5150 l

physician for human use of byproduct Amendment................$ 40 material, source material, 3 or soecial nuclear material, except licenses in Category 7A.

i i

8.

Civil defense:

A.' Licenses for possession and Application-New License..$190 l

use of byproduct material, source material, Renewal.................

5150 i

or special nuclear material for civil defense Amendment................$ 40 activi ties.

l 9.

Device, product, er sealed source safety

[

evaluation:

A.

Safety evaluatien of devices or products Application-Evaluation...$570 containing byproduct material, source i

material, or special nuclear material, except reactor fuel devices and devices or products distributed to general -

i licensees or persons exempt from the requirements for a license pursuant to Parts 30, 40, and 70 of this chapter, r

B.

Safety evaluation of sealed sources Application-Evaluation.. 5110 containing byproduct material, source material, or special nuclear material, except: (1) Reactor fuel, (2) sealed i

sources distributed to general licensees or persons exempt from the requirements l

for a license pursuant to Parts 30, 40, and 70 of this chapter, and (3) power i

sources covered by category 10.

i 10.

Power source:

A. Licenses for the manufacture Application-New License. 51,900 l

and distribution of encapsulated byproduct Renewal..................S 450 i

material or special nuclear material wherein Amendment................$

460 the decay energy of said material is used as a source of power, except reactor fuel.

11. Transportation of radioactive material:

Evaluation of spent fuel casks,

Application............. 5150 cackages and shipping containe-s.

Approval.................n.ctual Cost /

1 1

i Renewal.................. Actual Cost /

Amendnent................ Actual CostO Enclosure "C" i

f j

> i j

SCHEDULE OF FEES FOR MATERIALS LICENSES AND OTHER DEGULATnDV SEovicFs l

Category of Materials License l

12. Review of standardized spent fuel facilities.

Application.............. 5150 Approval.................. Actual Cos t ' f 1

13. Special Projects.

Application...............$150 bli Approval.................. Actual Cost i

1/

Charge will be based on the expenditures for professional staff time and appropriate support services.

2f Licensees paying fees under Categories lA and 1B are not subject to fees under Categories 1C and 10 for sealed sources authorized in the same license. Applicants for new licenses or renewal of existing licenses that cover both byproduct material and special nuclear material Tn sealed sources for use in gauging devices will pay the appropriate application or renewal fee for fee Category IC only.

3]

Tvoes of Fees - Separate charges as shown in the schedule will be assessed for applications for new licenses and approvals, issuance of new licenses and approvals, and amendments and renewals to existing licenses and approvals.

The following guidelines apply to these charges:

(a) Application Fees - Applications for materials licenses and e.pprovals shall be accompanied by the prescribed application fee for each category.

Where a license or approval nas expired, the full application fee for each category snall be due.

(b) License /Acaroval Fees - New licenses and approvals issued in fee categories l A,18, ZA, 4A, ll A, and Category 12, shall pay the license or approval fee upon notification by the Comission in accordance with Section 170.12(b).

(c) Renewal Fees - Appi', cations for renewal of materials licenses and approvals.

l snall be accompanied by the prescribed renewal fee for eacn category, except that applications for renewal of licenses and apr,rovals in fee categories i

i-1 A,18, 2A, 4A and 11 A shall be accompanied by 7.n application fee of $150, and the additional renewal fee shall be due uprn notification by the Commission in accordance with the procedure sp2cified in Section 170.12(d).

(d) Amendment Fees - Applications for amendments !nall be accompanied by the i

prescribed amencment fee for eacn category, encept that applictions for amendment of licenses in fee categories lA, lu, 2A, 4A, and ll A snall be i

accompanied by an application fee of 5150 with tne balance due upon notifi-cation by the Commission in accordance with Section 170.12(c).

t Enclosure C

~

-gg.

8.

The table in !!70.32 is amenced to read as follows:

1170.32 Scbedule of fees for health and safety, and safeguards inspections for materials licenses.

SCHEDULE OF' MATERI ALS LICENSE INSPECTION FEES Category of Lic enses Feel' Frecuency of Billing 1.

Special Nuclear Material:

U every 3 months Actual Cost A.

Licenses for '200 grams or more of plutonium or 350 grams or more of contained U-235 in unsealed form or 200 grams or more of U-233 in unsealed form.

B.

Licenses for receipt and storage of Actual CostU every 3 months spent fuel.

C.

Licenses for possession and use of

$330 1 every 5 years special nuclear material in sealed sources contained in devices used in industrial measuring systems.

D.

All other special nuclear material

$780 1 every year licenses, except licenses authorizing special nuclear material in unsealed form in combination tnat would constitute a critical quantity as defined in 1150.11 of Part 150 which shall pay the same rate as Category 1A and special nuclear material for use in power generation which shall-pay the fee in Category 10.

2.

Source Material:

A.

Licenses for source material in milling, Actual Cost 2/

every 3 months in-situ leaching, heap-leaching and refining uranium mill concentrates to uranium hexafloride, cre-buying stations and ion exchange facilities.

B.

All other source material licenses.

$.160 1 every 2 years 3.

Byprocuct Material:

A.

Licenses for possession and use of by-Large Program I per year prcduct material issued pursuant to

$1,600 Parts 30 and 33 of this chapter for processing or manufacturing of items Small Program 1 per year containing byproduct material for

$ 780 commerciai distribution, except byproduct material for use in power generation which shall pay :he fee in Category 10.

3]

B.

Licerises issued pursuant to 532.72

$650 1 every 3 years of this chapter authorizing tne proces-sing or manufacture and cistribution of radio-pharmaceuticals containing byproduct material.

I Enclosure "C"

1

.i

-l f

t '

SCHEDULE OF MATERIALS LICENSE INSPECTION FEES i

i Category of Licenses Fee 1/

Frequency nr R1114-.

3.

Byproduct Material:

i' C.

Licenses for byproduct material issued

$720 1 per year pursuant to,Part34 of this chapter for industrial radiography operations performed in a shielded radiography installation (s) or permanently designated area (s) at the address {es) listed in the license.

4_/

+

D.

Licenses for byproduct material issued

$980 1 per year

-i t

pursuant to.Part34 of this chapter for industrial radiography operations perfor-med in a shielded radiography: installation (s) and at multiple temporary locations at the address (es) shown in the license or at temporary.iobsites of the licensee in the field. 4j

}

I I

E.

Licenses for possession and use of

$390 1 every 5 years byproduct material in sealed sources for irradiation of materials where the source is not removed from its shield (self-i shielded units).

L F.

Licenses for possession and use of

$390

.1 every 3 years byproduct material in sealed sources for irradiation of materials where the source is exposed for irradiation purposes, i

G.

Licenses issued pursuant to Subpart S 5390 1 every 3 years of Par.t 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material to 1

persons generally licensed under Part 31 or 35 of this chapter, except specific licenses authorizing redistribution of items which have been manufactured or imported under a specific license and licensed by the Commission for distri-bution to persons generally licensed l

under Part 31 or 35 of this chapter.

i i

i t

Enclosure "C"

i

. i SCHEDULE OF MATERIALS LICENSE INSPECTION FEES l

l Category.of Licenses Fee 1/

Frequency of Billing 3.

Byproduct Material:

3 H.

Licenses issued pursuant to Subpart A

$390 l every 3 years.

of Part 32 of this chapter to distri-bute items containing byprodu:t material or quantities of byproduct material to persons exenpt from the licensing require-ments of Part 30 of this chapter, except (1) 132.11 and 32.18 of this chapter.

I (2) specific licenses authorizing re-distribution of items and gaantities-which have been manufactured or imported under a specific license and licensed by the Commission for distribution to persons

{

exempt from the licensing requirements of Part 30 of this chapter, and (3) specific lice'ses which authorize distribution of timepieces, hands and dials.

1 Licenses issued pursuant to 532.18 of this

$390 1 every 3 years chapter to distribute quantities of by-product material to persons exempt from the licensing requirements of part 30 of i

this chapter.

J.

Licenses issued pursuant to 132.14 of this

$390 1 every 3 years l

chapter to distribute timepieces, hands,

[

and dials, containing hydrogen 3 or i

promethium 147 to persons exempt from the licensing requirements of Part 30 of this chapter.

K.

Licenses for possession and use of byproduct

$390 1 every 3 years material for research and development, except those licenses covered by categories 3A or 3B and licenses covered by categories 75 or 7C au C:rizing medical research.

L.

All other specific byproduct material

$390 1 every 5 years licenses, except those in categories 4A through 10A.

I Enclosure "C"

i SCHEDULE OF MATERIALS LICENSE INSPECTION FEES l

Category of License Fee U Frequency f

of milling l

i 4.

Waste Disposal M

every 3 months A. Licenses specifically authorizing the receipt of Actual Cost waste byproduct material, source material, or i

special nuclear material from other persons for the purpose of commercial disposal by land or sea burial by the licensee and licensees authorizing

[

contingency storage of low level radioactive wastes i

at the site of nuclear power reactors.

i B.

Licenses specifically authorizing the receipt of 5650 1 every 3 years waste byproduct material, source material, or special nuclear material from other persons for the purpose of packaging the material.

The i

licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material.

C.

Licenses specifically authorizing the receipt of

$650 1 every 3 years i

prepackaged waste byproduct material, Iource material or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material.

i

5. cWell logging and well surveys and tracer studies:

5520 1 every 3 years Licenses for possession and use of special nuclear material and/or byproduct material for well logging, i

well surveys, and tracer studies.

l 6.

Nuclear laundries-Licenses for commercial collection and laundry of

$590 1 every 3 years items contaminated wit - byproduct material, source material, or special nuclear material.

i 7.

Human use of byproduct material, source material, or

$460 1 every 2 years special nuclear material:

A.

Licenses issued pursuant to Part 30, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in tele-therapy devices.

B.

Licenses issued pursuant to Part 30, 40, and 70 5460 1 every 3 years 5 of this chapter to medical institutions, or two or more physicians on a single license, for human use of byproduct material, source material, or special nuclear material, except licenses in category 7A.

i i

{nr7we..a

" f* "

m.

-~

t l

f

.-48 l

SCHEDULE OF MATERIALS LICENSE INSFECTION FEES

{

Category of Licenses Fee 1/

Frequency of Billina-7.

C.

Licenses issued pursuant to Parts 30, 40. and 70 of this

$330 1-every 3 years chapter to an individual. physician for human use of by-product raterial, source material, or special nuclear t

material, except licenses in category 7A.

l 8.

Civil defense:

Licenses for possessicn and use of byproduct material,

$200 1 every 10 year..

source caterial, or soecial nuclear raterial for civil t

defense activities.

9.

Device, product, or sealed source safety evaluation:

Noinspectionsconducted{

Safety evaluation of devices or products containing i

byproduct material, so:..ce material, or special l

nuclear material, except reactor fuel devices and

{

devices or. products distributed to general licensees cr persons exempt from the requirements for.a license i

p:frsuant to Part 30, 40, and 70 of this chapter.

i S.

Safety evaluation of sealed sources c::ntaining byprocuct -

'No inspecticns conducted i raterial, scurce material, or special nuclear raterial, except(1) reactor fuel, (2) sealed sources distributed to general licensees or persons exempt from the require-ments for a license pursuant to parts 30, 40, and 70 of 4

this chapter, and (3) power sources covered by category i

10.

f

10. Power source:

.I A.

Licenses for the manufacture and distribution of enca;su -

5730 1 per year lated byproduct material or special nuclear r:terial wherein j

the decay energy of said material is used as a source of i

power, excep reactor' fuel.

{

11.

Transportat on of radioactive caterial:

j i

A.

Evaluation of spent fuel cask, package; and No inspections conducted,.

shipping containers.

i

12. Review of standardized spon: fuel facilities No inspections conducted i

13. Special projects Noins:ectionsccnductedl i

i i

i I

}

I i

Enclosure "C" j

i

{

SCHEDULE OF MATERIALS LICENSE INSPECTION FEES t

Footnotes:

1/ Where a licensee holds more than one materials license at a single location, a fee equal to the highest fee category _ covered by the licenses will be assessed if the inspections are conducted at the same time, except in those instances where the inspection fees are covered by actual cost.

j 2/ Charge will be separately determined by the Commission taking into account the professional staff time required to conduct the inspection multiplied by the applicable cost per staff-year, plus any appropriate support services costs incurred.

3/ For inspection. purposes, large and small programs in Category 3A are defined as follows:

A.

Large Programs -- Those licensees handling or processing i

loose or unsealed material for the manufacture of tagged compounds or products such as sealed sources and distribution of same to others. Small Programs -- Those licensees wno are processors of " finished products," such as previously tagged compounds and sealed sources for introduction'into products or repackaging for sale to others.

4 4/ Where a licen.e authorizes shielded radiographic instaliations or manufacturing.

installations at more than one address, a separate fee will be assessed for inspection of each location, provided, however, that if the multiple instal-lations are inspected during a single visit a single inspection fee will be assessed.

f I

Dated at Washington, D.C. this day of

. 1981 For the Nuclear Regulatory Commission.

Samuel Cnilk Secretary of the Cc<mmission Enclosure C e

v