ML19338F868
| ML19338F868 | |
| Person / Time | |
|---|---|
| Issue date: | 10/10/1980 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Cheney D HOUSE OF REP. |
| Shared Package | |
| ML19338F869 | List: |
| References | |
| NUDOCS 8010270516 | |
| Download: ML19338F868 (2) | |
Text
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UNITED STATES i
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E NUCLEAR REGULATORY COMMISSION g
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-E WASHINGTON, D. C. 20555 d
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.OCT 10 E80 The Honorable Dick Cheney United States House of Representatives Washington, DC 20515
Dear Congnssman Cheney:
I am pleased to respond to your inquiry of September 23, 1980, regarding a letter from Dr. Thomas V. Toft, Pathologist at Clinical Laboratories Cheyenne in Cheyenne, Wyoming, concerning the assessment of a fee for an inspection performed by a representative of the U.S. Nuclar Regulatory Comission.
The Comission assesses fees for the review of permits, licenses and routine health, safety and safeguards inspections pursuant to Title V of the Independent Offices Appropriation Act of 1952(10AA). Title V provides in pertinent part:
It is the sense of Congress that any work, service, publication.
l report, document, benefit, privilege, authority, use, franchise, license, permit, certificate, registration, or similar thing of value or utility performed, furnished, provided, granted, or issued by any Federal agency to or for any person... shall be self-sustaining to the full extent possible and...each Federal agency is authorized by regulation...to prescribe therefor such j
fee, charge, or price, if any, as he shall determine...to be fair and equitable taking into consideration direct and indirect cost to the Government, value to the recipient, public policy 4
or interest served, and other pertir.ent facts....
The fee in question is designed to cover the Comission's cost of performing a routine inspection of a private practioner's use of radioactive material in a medical program. The inspection program is based on the precept that nuclear quality requirements are mandatory and enforceable under Federal law.
Dr. Toft's radioisotope program is one of more than 8,000 Comission licensed programs that are inspected on a continuing basis. The purpose of the inspection is to provide reasonable assurance that licensees conduct activities involving the use of radioactive materials in a manner that adequately protects t.Se health, safety,
-and security of the public.
The routine inspection is structured so that certain elements of the licensee's authorized activities (involving personnel, procedures, operations, facilities, materials and equipment) are inspected at a prescribed frequency. The scheduling and frequency for inspection against the various requirements for each licensee depends upon the scope and complexity of the licensed program.
In the case of licenses issued to private practitioners authorizing the use of radioiso-topes in humans, the program is normally inspected at a frequency of once every three years, for which a one-time fee of.$330 is assessed upon completion i
8 0102703$
The Honorable Dick Cheney of the first inspection conducted within each three-year period.
If the licensee is inspected more than once during a three-year period, the Comission would assess a fee for one inspection only during the period.
Enclosed is a copy of NUREG-0268 which shows how the fee for each category of Comission license was developed.
The fees are designed to cover the Comission's costs of reviewing applications, requests, or performing routine inspections of a licensee's program.
In determining the cost of performing an inspection, the Comission took into account the manpower expended, on the average, to conduct the on-site inspection, the inspector's time for review of the license and supporting data to prepare for the inspection, and the time to prepare the inspection report.
We believe that the charges assessed by the Comission under its schedule of fees in order to cover its costs are fair and equitable and are in accord with the guidance provided by Congress and judicial interpretations of the 10AA.
If we can be of further assistance, please let me know.
Sincerely, (Signed) T. A, Rehm kp William J. Dircks j
Executive Director for Operations
Enclosures:
- 1. Revised Rule (10 CFR 170)
- 2. NUREG-0268 4
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