ML20035F343
| ML20035F343 | |
| Person / Time | |
|---|---|
| Issue date: | 03/29/1993 |
| From: | Curtiss J NRC COMMISSION (OCM) |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| NUDOCS 9304210175 | |
| Download: ML20035F343 (4) | |
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RELEASED TO THE POR *!
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SAMijEL J. CHILK, SECRETARY OF THE COMMISSION:
FROM:
COMMISSIONER CURTISS
SUBJECT:
SECY-93-064 - FEDERAL REGISTER-NOTICE TO REQUEST PUBLIC C0letENT ON NRC FEE POLICY I
i APPROVED v/ edits DISAPPROVED ABSTAIN NOT PARTICIPATING REQUEST DISCUSSION COMMENTS:
See attached edits.
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M SIGNATURE RELEASE VOTE
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March 29, 1993 DATE 210030 WITHHOLD VOTE
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D No ENTERED ON "AS" YEs x
9304210175 930329 PDR COMMS NRCC
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION 10 CFR PARTS 170 AND 171 RIN 3150-AE54 i
l NRC FEE POLICY; REQUEST FOR PUBLIC COMMENT AGENCY:
Nuclear Regulatory Commission.
ACTION:
Request for public comment.
SUMMARY
The Nuclear Regulatory Comission (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 policy for assessment of annual fees, solicit public coment on the need for changes to this policy, and recommend to the Congress the changes in existing 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 questions for consideration and comment concerning potential legislative changes as well as potential policy changes that would require amendments to NRC's fee regulations. The NRC is also announcing the receipt of and requesting comment on a petition for rulemaking submitted by the American Mining Congress (PRM-170-4) that requests that NRC conduct a rulemaking to evaluate its fee policy.
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 the Commission is able to ensure only that comments received on or before this l
date will be considered. Given the relatively long comment period, requests for extensions of the comment period will not bev9mti VhMed (mis 1 h0TT-ADDRESSEES:
Submit written comments to:
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, ATTH: Docketing and Service Branch.
Ha'nd deliver comments to:
11555'Rockville Pike, Rockville, Maryland 20852, between 7:30 am and 4:15 pm Federal workdays.
(Telephone l
301-504-1678).
Copies of comments received may be examined at the NRC Public Document Room at 2120 L Street, NW., Washington, DC 20555, in the lower level of the Gelman Building.
FOR FURTHER INFORMATION CONTACT:
C. James Holloway, Jr., Office of the Controller, U.S. Nuclear Regulatory Comission, Washington, DC 20555,
(
Telephone 301-492-4301.
SUPPLEMENTARY INFORMATION:
Background
Public Law 101-508, the Omnibus Budget Reconciliation Act of 1990 F-(OBRA-90),
ate November 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 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 (10AA) (31 U.S.C. 9701), recover the NRC's costs of providing individually identifiable services to specific applicants and licensees.
The services 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, 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 FR 31472),
the NRC published a final rule in the Federal Register which established the 2
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I tudgeted costs for other activities that would be specified by the NRC.
With respect to this alternative, the'NRC is particularly interested in receiving public comment on the following questions:
Should OBRA-90 be modified to remove all specified activities identified in the four items above from the fee base?
If all four activities are excluded, approximately $61 million, based on the FY 1992 budget, would be removed from the fee base.
P If the Commission decides, based on public comment, to pursue legislation to remove only some of the activities from the fee base, should the NRC place a higher priority on those regulatory activities that do not support the licensees to whom the fee is assessed such as international activities, administering the Agreement State program, small entity subsidies, and nonprofit educational activities; than to those activities that indirectly provide benefits to NRC licensees such as generic LLW, generic uranium enrichment activities, and certain materials users' generic regulatory costs?
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2.
Modify OBRA-90 to permit the NRC to assess annual fees to organizations other than NRC licensees and approval holders that benefit from j
regulatory activities. For example, if this alternative is pursued, it could 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 required to pay for all NRC regulation development and research costs to put a regulatory program in place to regulate an entire class of licensees.
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3.
Modify the Atomic Energy Act to p rmit the NRC to assess 10 CFR Part 170 fees to Federal agencies, other thag th Tcancs;ee "Way Mherity
=M the Urited et=ta'S-icF =t Mrpretis% for identifiable services such as reviews, approvals and inspections where direct recovery for these costs is currently prohibited by 10AA. This would result in approximately 54 million in additional fees being collected from Federal agencies.
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