ML20028C097
| ML20028C097 | |
| Person / Time | |
|---|---|
| Issue date: | 09/24/1982 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20028C092 | List: |
| References | |
| FRN-47FR52454, RULE-PR-170 NUDOCS 8301060432 | |
| Download: ML20028C097 (3) | |
Text
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0 UNITED STATES
!D 7 ' I "n NUCLE AR REGULATORY COMMISSION Roe bob 3
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oE w Asn m c T ON, D.C. 20555 Q;f5[#',f Stello September 24, 1982 DeYoung D
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Denton Davis orrect or ine se cno Any GCunningham Kerr, SP Barry MEMORANDUM FOR:
William J.
Dircks, Executiv Director Felton for Operations p
Philips Besaw FROM:
Samuel J. Chilk, Secretary Sheldon
SUBJECT:
SECY-81-615 - LICENSE FEESd-PROPOSED SCHEDULE This is to advise you that the Commission (with Commissioner Ahearne approving in part and dissenting in part and Commissioner Roberts disapproving) has approved your proposed revisions to the NRC fee schedule subject to the following:
1.
The proposed fee schedule should reflect the revised professional staff-year rates contained in the EDO's memorandum of Novem'ber 30, 1981.
2.
The proposed fee schedule should reflect the revised radioisotope licensing and inspection fees contained in the EDO's memorandum of June 4,
1982.
3.
The proposed rule should be modified to include a statement that it will be reviewed annually and adjusted as necessary to take into consideration cost changes due to salary increases and inflation.
4.
In connection with the six-month billing cycle, the
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Commission should be furnished a report showing the total amount billed, the amount collected, and the amount of contract costs and staff ef fort recovered.
5.
The Commission has agreed to continue to exempt State and local government and non-profit institutions.
6.
The Commission has agreed that orders and resultant I
.f amendments and approvals will not be made subj ect to fees by amending Part 170.
7.
The Commission also requests that you provide a list of the programs, overhead categories and functions which-are excluded from fee charges (e.g.,
travel, generic I
m studies, NRC Operations Center, program development, f
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contract support, indemnity programs, State liaison, t
etc.) and the estimated annual resource expenditures Ni j
o for these programs.
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(7 Commissioner Roberts disapproved the prdposed amendments stating:
"I am basically adverse to approving a policy in which the NRC charges fees based on actual costs incurred by the staff without giving some assurance that procedures 3
or. requirements would be made available to impose a realistic ceiling or cap to these costs.
As a minimum, appropriate motivation or incentives to the staff should be established to perform expeditious and efficient reviews consistent with the agency's statutory responsibilities.
"For, example, there obviously is a considerable difference in costs between an uncontested and a contested CP license application.
Some best (average?) fixed fee for a CP would have to be determined.
As managers, it is incredible to me that by adopting this new cost plus fee schedule the Commissioners are giving the agency our full endorsement of Prof. Peter's theorem that
' work expands to fill the time available'. "
cc:
Chairman Palladino Commissioner Gilinsky Commissioner Ahearne Commissioner Roberts Commissioner Asselstine CSC C ~.
CONTACT:
A.
Bates (SECY) 41400 O
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You should make the appropriate revisions to the proposed amendments, return them to SECY for publication in the s
Federal Register, advise the appropriate Congressional Committees, and issue a public announcement.
(ADMEbO/OCA/OPA)
(SECY SUSPENSE:
ASAP)
The Commission notes that the current version of the House Appropriations Bill states:
"Provided, That notwithstanding th'e provisions of section 3617 of the Revised Statutes (31 U. S. C.
484),
revenues from licensing fees, inspection services and other services and collections (excluding moneys for cooperative nuclear safety research programs and the material access authorization program) estimated at
$60,000 000 in fiscal year 1983 may be retained and j
used for necessary expenses in this account, and may remain available until expended:
Provided further, That the sum herein appropriated shall be reduced as revenues are received during fiscal year 1983 so as to result in a final fiscal year 1983 appropriation estimated at not more than $414,500,000."
If schedule slips occur, there may be significant shortfalls in available licensing fees.
The EDO should develop a contingency plan for this possibility.
Commissioner Ahearne disagreed in part with the Commission decision adding the following comments:
1.
1. uid c and item -! 1 as follows " strike memorandum of November 3 0, 1981" and add " memoranda of November 30, 1981 and April 26, 1982".
2.
I would also add the 650 educational institutions, 53 Part 50 licenses, and the other non-Federal licenses listed in the EDO's April 16 memo under Item 3.
As the EDO stated:
"The imposition of fees en Federal agencies for licenses inspections would require legislation since the legislation under which the Commission imposes fees expressly exempts Federal agencies.
All of the other exemptions from fees could be eliminated from Part 170 by the Cc:r ni s sion. "
3.
I would include other items the EDO has said could be covered:
... Orders and resultant amendments and approvals may be addressed to recover the Commission's costs of hearings, and may be accomplished by amending Part 170."
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