ML20035F324
| ML20035F324 | |
| Person / Time | |
|---|---|
| Issue date: | 04/07/1993 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| REF-10CFR9.7 NUDOCS 9304210155 | |
| Download: ML20035F324 (5) | |
Text
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e NUCLEAR R U A OR COMMISSION.
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t A ril 7, 1993 P
l OFFICE OF THE SECRETARY MEMORANDUM FOR:
James M. Taylor r,
Executive Director for perations FROM:
Samuel J.
Chilk, Secr g
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SUBJECT:
SECY-93-064 - FEDERAI) R]:GISTER NOTICE TO REQUEST PUBLIC COMME!4T ON NRC FEE POLICY t
The Commission (with all Commissioners agreeing) has approved publication of the Federal Recister notice requesting public comment on NRC fee policy, which includes the American Mining congress rulemaking petition, with the changes indicated in the attachment.
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Attachment:
As statea cc:
The Chairman Commissioner Rogers Commissioner Curtiss Commissioner Remick Commissioner de Planque OGC OIG Office Directors, Regions, ACRS, ACNW (via E-Mail)
OP, SDBU/CR, ASLBP (via FAX) j F
210032 t
SECY NOTE:
THIS SRM, SECY-93-064, AND IHE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 10 WORKING DAYS FROM THE DATE OF THIS SRM A
9304210155 930407
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[7590-01-P]
.l NUCLEAR REGULATORY COMMISSION 10 CFR PARTS 170 AND 171 RIN 3150-AE54 i
i NRC FEE POLICY; REQUEST FOR PUBLIC COMMENT i
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AGENCY:
Nuclear Regulatory Commission.
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ACTION:
Request for public comment.
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SUMMARY
The Nuclear Regulatory Commission (NRC) is soliciting public comment on the need for changes to its fee policy and associated legislation.
This action responds to recent legislation that requires NRC to review its
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policy for assessment of annual fees, solicit pcblic comment on the need for l
changes to this policy, and recommend to the Congress the changes in existing l
law the NRC finds are needed to prevent the placement of an unfair burden on NRC licensees. The NRC is presenting various options, alternatives, and l
questions for consideration and comment concerning potential legislative changes as well as potential policy changes that would require amendments to
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NRC's fee regulations. The NRC is also announcing the receipt of and requesting comment on a petition for rulemaking submitted by the American Minir.g Congress (PRM-170-4) that requests that NRC conduct a rulemaking to evaluate its fee policy.
.l DATES: The comment period expires (90 days after publication). Comments received after this date will be considered if it is practical to do so, but l
the Commission is able to ensure only that comments received on or before this 1
i date will be considered. Given the relatively long comment period, requests
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l for extensions of the comment period will not be grantedt vicWed WHh btf' ADDRESSEES: Submit written comments to:
Secretary, U.S. Nuclear Regulatory I
Commission, Washington, DC 20555, ATTN:
Docketing and Service Branch.
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i Hand deliver comments to:
11555 Rockville Pike, Rockville, Maryland f
20B52, between 7:30 am and 4: 15 pm Federal workdays.
(Telephone I
301-504-1678).
Copies of comments received may be examined at the NRC Public Document f
Room at 2120 L Street, NW., Washington, DC 20555, in the lower level of the
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Gelman Building.
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r FOR FURTHER INFORMATION CONTACT:
C. James Holloway, Jr., Of" ice of the i
Controller, U.S. Nuclear Regulatory Commission, Washington, DC 20555, l
l Telephone 301-492-4301.
SUPPLEMENTARY INFORMATION:
Background
Public Law 101-508, the Omnibus Budget Reconciliation Act of 1990 (0 BRA-90), datedtNovember 5,1990, requires that the NRC recover approximately 100 percent of its budget authority less the amount appropriated from the Department of Energy (DOE) administered Nuclear Waste Fund (NWF) for FYs 1991 I
through 1995 by assessing fees. The NRC assesses two types of fees to recover its budget authority.
First, license and inspection fees, established in 10 CFR Part 170 under the authority of the Independent Offices Appropriation Act j
(10AA) (31 U.S.C. 9701), recover the NRC's costs of providing individually' j
identifiable services to necific applicants and licensees. The services i
provided by the NRC for which these fees are assessed are generally for the review of applications for and the issuance of new licenses or approvals, j
amendments to licenses or approvals, and inspections of licensed activities.
Second, annual fees, established in 10 CFR Part 171 under the authority of OBRA-90, recover generic and other regulatory costs not recovered through 10 CFR Part 170 fees.
Subsequent to enactment of OBRA-90, the NRC published three final fee rules after evaluation of public comments.
On July 10,1991 (56 TR 31472),
the NRC published a final rule in the Federal Register which established the 2
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10 CFR Part 170 professional hourly rate and the materials licensing and inspection fees, as well as the 10 CFR Part 171 annual fees to be assessed to f
recover approximately 100 percent of the FY 1991 budget.
In addition to establishing the FY 1991 fees, the final rule established the underlying basis and method for determining the 10 CFR Part 170 hourly rate and fees, and the I
10 CFR Part 171 annual fees. %c FY 1991 rule W beer challenged in Federal s d
C-ccurt by sever:1 p;rties nd those lasuits ;re pendu t A qorate F< dent -
e Lpc %Mte, oddressing iht. cennd issx3 dill be pMshed la Agd.
i On April 17,1992 (57 FR 13625), the NRC published in the Federal l
Register two limited changes to 10 CFR Parts 170 and 171.
The limited changes
.l became effective May 18, 1992.
The limited change to 10 CFR Part 170 allowed the NRC to bill quarterly for those license fees that were previously billed e
every six months.
The limited change to 10 CFR Part 171 adjusted the maximum
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annual fee of $1,800 assessed a materials licensee who qualifies as a small entity under the NRC's size standards.
A lower tier small entity fee of $400 per licensed category was established for small businesses and non-profit i
organizations with gross annual receipts of less than $250,000 and small governmental jurisdictions with a population of less than 20,000.
On July 23, 1992 (57 FR 32691), the NRC published a final rule in the Federal Register that established the licensing, inspection, and annual fees l
necessary for the NRC to recover approximately 100 percent of its budget j
authority for FY 1992. The basic methodology ur,ed in the FY 1992 rule was unchanged fic ' that used to calculate the 10 CFR Part 170 professional hourly rate, the specific materials licensing and ir.spection fees in 10 CFR Part 170,
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and the 10 CFR Part 171 annual fees in the final rule published July.10,1991 (56 FR 31472).
7 Purpose i
i On October 24, 1992, the Energy Policy Act was enacted.
Section 2903(c) of the Act requires the NRC to review its policy for assessment of annual fees i
under Section 6101(c) of the Omnibus Budget Reconciliation Act of 1990, j
solicit public comment on the need for changes to this policy, and recommend changes in existing law to the Congress the NRC finds are needed to prevent 3
'.[J budgeted costs for other activities that would be specified by the NRC.
With respect to this alternative, the NRC is particularly interested in receiving
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public comment on the following questions:
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i Should OBRA-90 be modified to remove all specified activities l
identified in the four items abovt from the fee base?
If all four.
l activities are excluded, approximately 561 million, based on the i
FY 1992 budget, would be removed from the fee base.
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If the Commi ion decides, based on public comment, to pursue legislat n to remov nly some o he activiti from the fee
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base should the C place a gher priorit on those reg tory a ivities th do not s ort the lice ees to whom t fee is assessed ch as inte ational acti ies, adminis -ring the othoseacti' des,andnonprof f
Agreem t State pr gram, small e ity subsidie that in rectly edu tional ac vities; than provide ben its to NRC 1 ensees such generic LL generic j
uranium /richment acy ities, and ce'rtain materi s users' f
I (genericregulatorycosts?
I 2.
Modify OBRA-90 to permit the NRC to assess annual fees to j
organizations other than NRC licensees and approval holders that benefit from j
regulatory activities.
For example, if this alternative is pursued, it could.
l' result in the NRC charging generic regulatory costs to NRC applicants. This would mean that the first applicant for a new class of license could be l
required to pay for all NRC regulation development and research costs to put a j
regulatory program in place to regulate an entire class of licensees.
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3.
Modify the Atomic Energy Act to permit the NRC to assess 10 CFR. Part 170 fees to Federal agencies, other than -the Tenne:sce Vclley ^.uthority E.
1 A and the United St:tes Enrichment Corpor;tient for identifiable services such f
j as reviews, approvals and inspections where direct recovery for these costs is currently prohibited by 10AA.
This would result in approximately $4 million in additional fees being collected from Federal agencies.
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