ML20046A946

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Responds to Re NRC Proposed Fee Structure for FY93. Commission Shares Concerns About Impact of Fee Structure on Small Businesses
ML20046A946
Person / Time
Issue date: 07/19/1993
From: Selin I, The Chairman
NRC COMMISSION (OCM)
To: Wallop M
SENATE
Shared Package
ML20046A947 List:
References
FRN-58FR21116, RULE-PR-170 CCS, NUDOCS 9308020131
Download: ML20046A946 (2)


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July 19, 1993 93 JUL 19 P ? Ti CHAIRMAN The Honorable Malcolm Wallop United States Senate Washington, D.C. 20510-5001

Dear Senator Wallop:

I am responding to your letter dated June 9,1993, regarding NRC's proposed fee structure for FY 1993.

The Commission shares your concerns about the impact of our fee structure on small businesses.

As you know, fees imposed on NRC licensees are of two types -- annual fees under 10 CFR Part 171 and specific service fees under 10 CFR Part 170.

In our FY 1993 fee schedule, we have continued the approach used in FY 1992 to balance the economic burden that fees represent for small licensees against the requirements that the NRC collect fees.

The NRC has, in fact, made two separate accommodations to the annual fees under 10 CFR Part 171 to reduce the impact on small entities.

For licensees with gross receipts between $250,000 and $3,500,000, a maximum annual fee of

$1,800 has been established. A lower-tier small entity fee of $400 has been established for small businesses and non-profit organizations with gross' annual receipts of less than $250,000 and for small governmental jurisdictions with populations of less than 20,000.

For example, under the FY 1993 rule the annual fee for a well logger licensee with gross income between $250,000 and

$3,500,000 would be reduced by $9,620 (from $11,420 to $1,800), and the annual fee for a well logger licensee with gross income less than $250,000 would be reduced by $11,020 (from $11,420 to $400).

The Commission recognizes that this process does not eliminate all economic impacts.

We have, however, attempted to strike a balance between the Congressional requirement to collect 100 percent of the budget by recovering costs and the requirements of the Regulatory Flexibility Act to consider the impact on small entities. With respect to terminations, approximately 2,300 of the 9,100 materials licensees billed in FY 1991 have since filed for license termination, downgrade, or conversion to possession only.

The proposed FY 1993 10 CFR Part 170 fees for specific services to identifiable applicants and licensees are higher than last year's fees. The increases for FY 1993 reflect the results of the biennial review of fees and other charges that we conducted as required by the Chief Financial Officers Act in order to ensure that the fees and charges reflect the cost of the services.

The NRC biennial review indicated that the NRC needed to modify the average number of hours on which the current licensing and inspection flat fees are based in order to recover the cost of providing the licensing and inspection services.

We have not provided a small entity reduction for these service fees since the licensees already receive size reductions each year for annual fees as discussed in the previous paragraph.

9300020131 930719 PDR PR 170 SBFR21116 PDR

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. The NRC is in the process of soliciting public comment on changes to 03r fee policy and associated legislation in response to the Energy Policy Act of 1992, which requires the NRC to recommend to the Congress such changes in

-existing law as are needed to prevent the placement of an unfair burden on-certain NRC licensees.

The comment period has recently been extended and will

.now expire on August 18, 1993.

We will take the concerns you have raised and those of other interested parties into consideration as we conduct this assessment.

If I can be of further assistance, please let me know.

Sincerely, l,. [

}vanSelin i