ML20028C094
| ML20028C094 | |
| Person / Time | |
|---|---|
| Issue date: | 11/30/1981 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Bradford P, Gilinsky V, Palladino N NRC COMMISSION (OCM) |
| Shared Package | |
| ML20028C092 | List: |
| References | |
| FRN-47FR52454, RULE-PR-170 M811102B, NUDOCS 8301060419 | |
| Download: ML20028C094 (3) | |
Text
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h NUCLEAR REGULATORY COMMISSION j
E WASHINGTc N, D. C. 20555
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-NOV 3 01931 f.
s MEMORANDUM FOR:
Chairman Palladino Commissioner Gilinsky Commissioner Bradford Commissioner Ahearne Commissioner Roberts t
FROM:
William J. Dircks, Executive Director for Operations
SUBJECT:
PART 170 LICENSE FEES - REQUEST FOR ADDITIONAL INFORMATION
(
REFERENCE:
M8111028)
This responds to the Commission's request dated November 4,1981 for the following information regarding the proposed license fe.e schedule in SECY 81-615.
ITEM 2:
"the professional rate be recalculated based on actual FY 1981 costs rather than on FY 1977 costs modified by inflation factors and salary increases".
~
RESPONSE: The professional rate.s have been recalculated based on actual FY 1981 costs.
The following are the revised rates.
Professional Professional
{
Office Staff-Year Rate Staff-Hour Rate NRR
$111,792
$62 IE 94,843 53 ACRS 10!., CLi 58 111,487 62 ASLBP 110,765 62 ASLAP 118,385 66 Based on the revised rates, the cost.of a CP would range from $2.2 million to $3.3 million while an OL.would range from $2.7 million to $3.2 million.
This is about 15% more than the amount shown for the CP and OL ranges in SECY 81-615.
Cost ranges for fuel cycle facilities would also increase by about 15%.
The range for inspection fees would increase about 13%.
(,
It is anticipated that collections would increase in FY 82 from $50 million to
$59 million and in FY 83 from $40 million to $58 million.
ITEM 3:
" staff provide a summary of the total IE manpower involved in inspections and other major actions for which the costs are recovered and a summary of the actions that involve the remainder of IE professional manpower expended".
RESPONSE: The FY 1982 budget contains 985 positions for IE.
Of this amount, about 620 or 63% of the total are considered professional / technical staff and the remainder, 365 positions or 37% of the total, are management direction (supervisory) and clerical positions.
8301060419 821222 N 4hFR52454
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PDR 7
Chairman Palladino, et al,
frr For fee purposes, it is estimated that about 300 of the 620 professional / technical staff years will be recovered through license and inspection fees since these positions are directly involved in preparing for, conducting, and documenting the routine and non-routine inspections.
Under current license fee guidelines the remain-in'g 320 professional direct positions are not recoverable through fees because they are performing inspection activities which are not directly chargeable to specific licensees; e.g.,. reviewing generic 4
safety matters, NRC Operations Center Management, specific study groups, task force participation, program development, bulletin coordination, event evaluation, mobile lab management, technical support to HQ/other NRC offices, State Liasion Officer coordination,-
travel and attendance at training courses.
For cost recovery purposes the costs of the 365 supervisory and clerical support personnel have been distributed to the 620 IE professionals.
Thus c :h professicnal bears a proportionate share of these costs.
Assuming that approximately 300 professional staff years are charged to dockets, then 48% of the costs
- of the support personnel should be recovered.
Based on the above IE ~ allocation of staff resources, we can expect to recover about~ $18 million in FY 1982 and $27 million in FY 1983 i
in inspection fees.
The FY 1982 estimate assumes the adoption of the revised schedule on April 1. 1982.-
" staff capli.in thc basis for Gn.: palicy decision whcreby licenses issued li t.o 4:
in F(Uc r?l. stt te and local covernments and to non-profit education
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'En Wma cf the funds involved
,e r
co is to be includeo".
SECY 81-615 proposes to continue the exemption from fees for licenses
RESPONSE
issued to Federal agencies (except for commercial power reactors),
rrd loct,1 00 verr,ments, and to non-profit educational institutions Statt where the use is teaching, training or medical purposes.
Federal Agencies _ - The Commission does not presently have statutory authority to collect fees from Federal agencies.
The NRC collects fees under authorization provided by Title V of the Independent Offices ~
Appropriation Act of 1952, which states, in part, that any license or permit issued by a Federal agency to any person except those engaaed in the transaction of official business of the Government _ shall be self-sustaining to the full extent possible.
Thus, Title V explicitly prohibits charging fees for licenses issued to other Federal agencies.
However, there is one exception.
On June 16, 1972, the Atomic Energy Act of 1954 was amended (new subsection 161w) to authorize the Commission to collect fees from Federal agencies for licenses for power reactors producing heat or electrical energy on a commercial j
basis.
(
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.Chaiman Palladina, et al Additional legislation would be required before the Comission could charge fees' for non-power reactor licenses and permits and material licenses it:und te Federal agencies.
The costs in FY 81 for these licenses was about $200,000 and involves about 1,100 licenses.
State and Local Governments _ - The exemption from fees for licenses c.
issueo to States and political subdivisions thereof was granted by
~,
i the Commission on May 25, 1972. There are approximately 400 NRC licenses held by States and local govarrmnts and their costs in FY 81 were about $45,000.
The exemption was granted for the p~ui pose
'of providing assistance to the States.
OMB Circular A-25, the implementing circular for the Independent Offices Appropriation Act, provides that an agency cay make exceptions to the general policy for assessing fees for services rendered when " payment of the full fee by a State, local or non'-profit group would not be in the interest of the procrcm".
There is no legal constraint that.would prohibit the Comission from codifying past policy to recover these costs.
Hon-i rofit Educational Insi.ii.utions - The exempcion frca fees for MRC licenses issued to and held by educational institutions was granted October 1,1968.
The policy to exempt such licenses fmm fees was intended to encourage higher education and research and considered H L:. in ' Y, Mic inicrest.
In F'l 1981 the revenue less fwPuse M tL-o i, tic:. fo; thcsr E50 iicmc i:r.s t'ecut. $425,000.
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economic impact on a substantial nurci er of smail entities.
The t esul ts.
of the study are to be presented to the Commission in February.
In the interim period, fees for the stated licenses and inspections need not be revised."
RESPONSE
Due February 1982.
(sipesWiniam J.DIKKS William J. Dircks E:..uutive Director for Operations
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