ML20035F380
| ML20035F380 | |
| Person / Time | |
|---|---|
| Issue date: | 04/02/1993 |
| From: | De Planque E NRC COMMISSION (OCM) |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| NUDOCS 9304210218 | |
| Download: ML20035F380 (3) | |
Text
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REI E/ SED TO THE PDRl N0TATION V0TE
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RESPONSE SHEET
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T0:
SAMUEL J. CHILK, SECRETARY OF THE COMMISSION FROM:
COMMISSIONER DE PLANQUE
SUBJECT:
SECY-93-064 - FEDERAL REGISTER NOTICE TO REQUEST PUBLIC COMMENT ON NRC FEE POLICY APPROVED xx (w/ Edits)
DISAPPROVED ABSTAIN NoT PARTICIPATING REQUEST DISCUSSION COMMENTS:
h.
b wa SIGNATURf RELEASE VOTE fxx
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April 2, 1993 DATE WITHHOLD VOTE
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ENTERED ON "AS" YES xx No 210047 F0k
- ga*2;g2gg;ggo2 1g CORRESPONDENCE PDR j
10 CFR Part 170 professional t.ourly rate and the materials licensing and inspection fees, as well as the 10 CFR Part 171 annual fees to be assessed to 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 10 CFR Part 171 annual fees. The FY 1991 rule has been challenged in Federal court by several parties and those lawsuits are penoing. [
((p d b NHe ct too<+ olect ycq On April 17,1992 (57 FR 13625), the NRC published in the Federal The limited changes Register two limited changes to 10 CFR Parts 170 and 171.
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 every six months. The limited change to 10 CFR Part 171 adjusted the maximum 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 and small organizations with gross annual receipts of less than $250,000 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 Fedcral Register that established the licensing, inspection, and annual fees necessary for the NRC to recover approximately 100 percent of its budget authority for FY 1992. The basic methodology used in the FY 1992 rule was unchanged from that used to calculate the 10 CFR Part 170 professional hourly rate, the specific materials licensing and inspection fees in 10 CFR Part 170, and the 10 CFR Part 171 annual fees in the final rule published July 10, 1991 (56 FR 31472).
Purpose On October 24, 1992, the Energy Policy Act was enacted.
Sectioc 2903(c) o' the Act requires the NRC to review its policy for assessment of annual fees under Section 6101(c) of the Omnibus Budget Reconciliation Act of 1990, 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
a With btdgeted costs for other activities that would be specified by the NRC.
respec,t to this alternative, the NRC is particularly interested in receiving I
public comment on the following questiong:
Should OBRA-90 be modified to remove all specified activities If all four identified in the four items above from the fee base?
activities are excluded, approximately $61 million, based on the FY 1992 budget, would be removed from the fee base.
ommission decides, based on public comment, to pursue'
} If 14 legislation emove only some of the tivities from the fee base, should the N ace a high priority on those regulatory the licensees to whom the fee is activities that do not sup assessed such as intern onal a
'vities, administering the m, small entity bsidies, and nonprofit Agreement State pro educational act ities; than to those acti ' ies that indirectl y provide b its to NRC licensees such as gener LW, generic uranium enrichment activities, and certain materials users' cenerAc regulatory costs?
Modify OBRA-90 to permit the NRC to assess annual fees to 2.
organizations other than NR; licensees and approval holders that benefit from For example, if this alternative is pursued, it could regulatory activities.
This result in the NRC charging generic regulatory costs to NRC applicants.
i 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 regulatory program in place to regulate an entire class of licensees.
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Modify the Atomic Energy Act to permit the NRC to assess 'a TR
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3.
Part 170 fees to Federal agencies, other than the Tennessee Valley
- A%rity and the United States Enrichment Corporation, for identifiable services such as reviews, approvals and inspections where direct recovery for these costs is This would result in approximately $4 million currently prohibi'ed by 10AA.
in additional fees being collected from Federal agencies.
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