ML20046B978
| ML20046B978 | |
| Person / Time | |
|---|---|
| Issue date: | 07/14/1993 |
| From: | Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Jeanne Johnston, Lehman R, Lieberman J, Sabo M, Sasser J, Sharp P HOUSE OF REP., HOUSE OF REP., ENERGY & COMMERCE, SENATE, SENATE, APPROPRIATIONS, SENATE, ENVIRONMENT & PUBLIC WORKS |
| Shared Package | |
| ML20046B965 | List: |
| References | |
| FRN-57FR18095, FRN-58FR21116, FRN-58FR38666, RULE-PR-170, RULE-PR-171 AE49-2-016, AE49-2-16, CCS, NUDOCS 9308090085 | |
| Download: ML20046B978 (12) | |
Text
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' UNITED STATES
-[.( L f j NUCLEAR REGULATORY COMMISSION g-g WASHINGTON. D C. 20556-0001 s,
July 14, 1993 The Honorable Martin Olav Sabo, Chairman Committee on the Budget United States House of Representatives Washington, D.C.
20515
Dear Mr. Chairman:
Public Law 101-508, the Omnibus Budget Reconciliation Act of 1990, requires that the NRC recover 100 percent of its budget authority, less the appropriation from the Nuclear Waste Fund, for fiscal years 1991 through 1995 by assessing license and annual fees.
For FY 1993, the NRC must collect approximately
$518.9 million through these fees as compared to $492.5 million.
for FY 1992.
In order to comply with the law, the Commission is amending its fee regulations in 10 CFR Parts 170 and 171.
The amendments to the Commission's fee regulations will, in most cases, increase-the fees currently charged to individuals and companies licensed-by the NRC.
The amendments to 10 CFR Part 170, which assess license and inspection fees for specific identifiable services will: (1) increase the cost per professional staff-hour for all full cost fees; and_(2) revise all flat fees for radioisotope programs consistent with the Chief Financial Officers Act to reflect the increased cost per professional staff hour and the current estimate of the average hours required to process licensing actions or to conduct inspections.
The amendments to 10 CFR Part 171, which assess annual fees for costs not recovered through 10 CFR Part 170, will establish the amount of the FY 1993 annual fees to be assessed to operating reactors, fuel cycle licensees, transportation certificate -
holders, and materials licensees..Most of the FY 1993 annual fees have increased as compared'to FY 1992.
However,Ethose NRC licensees that can qualify as a small entity under the NRC's size
~
standards would be eligible to pay reduced annual fees.
For example, a licensee with gross annual receipts of $250,000 to S3.5 million would pay a maximum annual fee of $1,800.
Those-licensees with gross. annual receipts of less than $250,000 would pay an annual fee of $400.
i 9309090085 930714 C
PDR PR E,
170 57FR18095 PDR di
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-2 l
Based on the March 16, 1993, U.S.
Court of Appeals of the
)
District of Columbia remand decision relating to portions of the i
FY 1991 and FY 1992 annual fee schedules, the Commission has decided:
(1) not to use the ability to pass-through costs as a factor for any licensee when setting annual fees for a class of J
licensees; (2) to revoke the exemption from annual fees for
{
nonprofit educational institutions; and (3) to change the method i
for calculating the low level waste (LLW) surcharge to NRC licensees who generate LLW.
The Commission believes these decisions are consistent with the court's decision.
The changes are being applied retroactively to FY 1991 and FY 1992.
Therefore, in the near future, the NRC will separately publish i
final FY 1991 and FY 1992 fee schedules revising the surcharges assessed to certain licensees.
These revisions result from the elimination of the nonprofit educational exemption and from changing the method of allocating NRC LLW budgeted generic costs.
Requests for refunds are not to be filed with the NRC prior to l
pubication of these schedules.
The total amount of the refunds-for FY 1991 and FY 1992 is estimated to be $7 million.
l Enclosed is a copy of the final rule which is being transmitted f
to the Federal Register for publication.
)
I Sincerely, i
n Dennis K.
Rathbun, Director Cffice of Congressional Affairs
Enclosure:
Final Revision to 10 CFR Parts i
170 and 171 cc:
Representative John R.
Kasich l
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, "t UNITED STATES jli1 j NUCLEAR REGULATORY COMMISSION qg.
WASHINGTON. D C. ?0555-0001 j
July 14, 1993 The Honorable Jim Sasser, Chairman Committee on Budget United States Senate Washington, D.C.
20510
Dear Mr. Chairman:
Public Law 101-508, the Omnibus Budget Reconciliation Act of 1990, requires that the NRC recover 100 percent of its budget authority, less the appropriation from the Nuclear Waste Fund, for fiscal years 1991 through 1995 by assessing license and annual fees.
For FY 1993, the NRC must collect approximately
$518.9 million through these fees as compared to $492.5 million for FY 1992.
In order to comply with the law, the Commission is amending its fee regulations in 10 CFR Parts 170 and 171.
The amendments to the Commission's fee regulations will, in most cases, increase the fees currently charged to individuals and companies licensed by the NRC.
The amendments to 10 CFR Part 170, which assess license and inspection fees for specific identifiable services will: (1) increase the cost per professional staff-hour for all full cost fees; and (2) revise all flat fees for radioisotope programs consistent with the Chief Financial Officers Act to reflect the increased cost per professional staff hour and the current estimate of the average hours required to process licensing actions or to conduct inspections.
The amendments to 10 CFR Part 171, which assess annual fees for costs not recovered through 10 CFR Part 170, will establish the amount of the FY 1993 annual fees to be assessed to operating reactors, fuel cycle licensees, transportation certificate holders, and materials licensces.
Most of the FY 1993 annual fees have increased as compared to FY 1992.
However, those NRC licensees that can qualify as a small entity under the NRC's size standards would be eligible to pay reduced annual fees.
For example, a licensee with gross annual receipts of $250,000 to
$3.5 million would pay a maximum annual fee of $1,800.
Those licensees with gross annual receipts of less than $250,000 would pay an annual fee of $400.
. Based on the March 16, 1993, U.S.
Court of Appeals of the District of Columbia remand decision relating to portions of the FY 1991 and FY 1992 annual fee schedules, the Commission has decided:
(1) not to use the ability to pass-through costs as a factor for any licensee when setting annual fees for a class of licensees; (2) to revoke the exemption from annual fees for nonprofit educational institutions; and (3) to change the method for calculating the low level waste (LLW) surcharge to NRC licensees who generate LLW.
The Commission believes these decisions are consistent with the court's decision.
The changes are being applied retroactively to FY 1991 and FY 1992.
Therefore, in the near future, the NRC will separately publish l
final FY 1991 and FY 1992 fee scheduJes revising the surcharges assessed to certain licensees.
These revisions result from the elimination of the nonprofit educational exemption and from changing the method of allocating NRC LLW budgeted generic costs.
l Requests for refunds are not to be filed with the NRC prior to-i pubication of these schedules.
The total amount of the refunds J
for FY 1991 and FY 1992 is estimated to be $7 million.
r I
Enclosed is a copy of the final rule which is being transmitted to the Federal Register for publication.
i Sincerely, Dennis K.
Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Revision to 10 CFR Parts 170 and 171 cc:
Senator Pete V. Domenici
-i pa mfCg y
UNITED STATES f i
l. 3 NUCLEAR REGULATORY COMMISSION 7 Q 7 ('s !
WASHINGTON. O C. 20555 4XM i,
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July 14, 1993 i
i I
i The Honorable J.
Bennett Johnston, Chairman Subcommittee on Energy and Water Development Committee on Appropriations q
United States Senate Washington, D.C.
20510 2
Dear Mr. Chairman:
i Public Law 101-508, the Omnibus Budget Reconciliation Act of 1990, requires that the NRC recover 100 percent of its budget authority, less the appropriation from the Nuclear Waste Fund, for fiscal years 1991 through 1995 by assessing license and I
annual fees.
For FY 1993, the NRC must collect approxirately
$518.9 million through these fees as compared to $492.5 million i
for FY 1992.
i In order to comply with the law, the Commission is amending its fee regulations in 10 CFR Parts _170 and 171.
The amendments to I
the Commission's fee regulations will, in most cases, increase the fees currently charged to individuals and companies licensed by the NRC.
The amendments to 10 CFR Part 170, which assess license ~and inspection fees for specific identifiable nervices will: -(1) increase the cost per. professional staff-hour for all full cost fees; and (2) revise all flat fees for radioisotope programs consistent with the Chief Financial Officers Act to reflect the
~
increased cost per professional staff hour and.the current estimate of the average hours required to process licensing actions or to conduct inspections.
The amendments to 10 CFR Part 171, which a"sess annual fees for costs not recovered through 10 CFR Part 170, will establish the amount of the FY 1993 annual fees to be assessed to operating reactors, fuel cycle licensees, transportation certificate holders, ar.d materials licensees.
Most of the FY 1993 annual
~
fees have increased as. compared to FY 1992.
However, those NRC-licensees that can qualiff as a small entity under the:NRC's size
~
standards would be eligible to pay reduced. annual' fees.
For example, a licensen with gross annual receipts of $250,000 to
$3.5 million would pay a maximum annual fee of $1,800.
Those licensees with gross annual receipts of less than $250,000 would pay an annual fee of $400.
~
Based on the March 16, 1993, U.S.
Court of Appeals of the District of Columbia remand decision relating to portions of the FY 1991 and FY 1992 annual fee schedules, the Commission has i
decided:
(1) not to use the ability to pass-through costs as a factor for any licensee when setting annual fees for a class of licensees; (2) to revoke the exemption from annual fees for nonprofit educational institutions; and (3) to change the method for calculating the low level waste (LLW) surcharge to NRC licensees who generate LLW.
The Commission believes these decisions are consistent with the court's decision.
The changes are being applied retroactively to FY 1991 and FY 1992.
Therefore, in the near future, the NRC will separately publish final FY 1991 and FY 1992 fee schedules revising the surcharges assessed to certain licensees.
These revisions result from the elimination of the nonprofit educational exemption and from changing the method of allocating NRC LLW budgeted generic costs.
Requests for refunds are not to be filed with the NRC prior to-pubication of these schedules.
The total amount of the refunds for FY 1991 and FY 1992 is estimated to be $7 million.
i i
Enclosed is a copy of the final rule which is being transmitted to the Federal Register for publication.
Sincerely, Dennis K.
Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Revision to 10 CFR Parts 170 and 171 cc:
Senator Mark O.
Hatfield a
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UNITED STATES f k, /c 1 j NUCLEAR REGULATORY COMMISSION i $yg c
WASHINGTON, D.C 20555-0001
.t July 14, 1993 The Honorable Richard H.
Lehman, Chairman Subcommittee on Energy and Mineral Resources Committee on Natural Resources United States House of Representatives Washington, D.C.
20515
Dear Mr. Chairman:
Public Law 101-508, the Omnibus Budget Reconciliation Act of 1990, requires that the NRC racover 100 percent of its budget authority, less the appropriation from the Nuclear Waste Fund, for fiscal years 1991 through 1995 by assessing license and annual fees.
For FY 1993, the NRC must collect approximately
$518.9 million through these fees as compared to $492.5 million for FY 1992.
In order to comply with the law, the Commission is amending its fee regulations in 10 CFR Parts 170 and 171.
The amendments to the Commission's fee regulations will, in most cases, increase the fees currently charged to individuals and companies licensed by the NRC.
The amendments to 10 CFR Part 170, which assess license and' inspection fees for specific identifiable services will: (1) increase the cost per professional staff-hour for all full cost fees; and (2) revise all flat fees for radioisotope programs consistent with the Chief Financial Officers Act to reflect the increased cost per professional staff hour and the current estimate of the average hours required to process licensing actions or to conduct inspections.
The amendments to 10 CFR Part-171, which assess annual fees for costs not recovered through 10 CFR Part 170, will establish the amount of the FY 1993 annual fees to be assessed to operating reactors, fuel cycle licensees, transportation certificate holders, and materials licensees.
Most or the FY 1993 annual fees have increased as compared to FY 1992.
However, those NRC licensees that can qualify as a small entity under the NRC's size standards would be eligible _to pay reduced annual fees.
For example, a licensee with gross annual receipts of $250,000 to
$3.5 million would pay a maximum annual fee of $1,800.
Those licensees with gross annual receipts of less than $250,000 would pay an annual fee of $400.
-2 Based on the March 16, 1993, U.S.
Court of Appeals of the District of Columbia remand decision relating to portions of the FY 1991 and FY 1992. annual fee schedules, the Commission has decided:
(1) not to use e ability to pass-through costs as a m
f actor for any licensee win n setting annual fees for a class of licensees; (2) to revoke the exemption from annual fees for nonprofit educational institutions; and (3) to change the method for calculating the low level waste (LLW) surcharge to NRC licensees who generate LLW.
The Commission believes these decisions are consistent with the court's decision.
The changes are being applied retroactively'to FY 1991 and FY 1992.
Therefore, in the near future, the NRC will separately publish final FY 1991 and FY 1992 fee schedules revising the surcharges assessed to certain licensees.
These revisions result from the elimination of the nonprofit educational exemption and from changing the method of allocating NRC LLW budgeted generic costs.
Requests for refunds are not to be filed with the NRC prior to-pubication of these schedules.
The total amount of the refunds for FY 1991 and FY 1992 is estimated to be $7 million.
Enclosed is a copy of the final rule which is being transmitted to the Federal Register for publication.
Sincerely, LL-L Dennis K.
Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Revision to 10 CFR Parts 170 and 171 cc:
Representative Barbara Vucanovich
W o "'c
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,a t
UNITED STATES i. t 'i ! 3 NUCLEAR REGULATORY COMMISSION WASHINGTON. O C. 20556 0001 i%y
/
e July 14, 1993 The Honorable Philip Sharp, Chairman Subcommittee on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, D.C.
20515 1
Dear Mr. Chairman:
Public Law 101-508, the Omnibus Budget Reconciliation Act of 1990, requires that the NRC recover 100 percent of its budget authority, less the appropriation from the Nuclear Waste Fund, for fiscal years 1991 through 1995 by assessing license and annual fees.
For FY 1993, the NRC must collect approximately
$518.9 million through these fees as compared to $492.5 million for FY 1992.
In order to comply with the law, the Commission is amending its fee regulations in 10 CFR Parts 170 and 171.
The amendments to the Commission's fee regulations will, in most cases, increase the fees currently charged to individuals and companies licensed by the NRC.
The amendments to 10 CFR Part 170, which assess license and inspection fees for specific identifiable services will: (1) increase the cost per professional staff-hour for all full cost fees; and (2) revise all flat fees for radioisotope programs consistent with the Chief Financial Officers Act to reflect the increased cost per professional staff hour and the' current estimate of the average hours required to process licensing actions or to conduct inspections.
-The amendments to 10 CFR Part 171, which assess annual fees for costs not recovered through 10 CFR Part 170, will establish the amount of the FY 1993 annual fees to be' assessed to operating reactors, fuel cycle licensees, transportation certificate holders, and materials licensees.
Most of the FY 1993 annual' fees have increased as compared to FY 1992..
However, those NRC licensees that can qualify as a small entity under the NRC's size standards would be eligible to pay reduced annual fees.
For.
example, a licensee with gross annual receipts of $250,000 to
$3.5 million would pay a maximum annual fee of $1,800.
Those licensees with gross annual receipts of less than $250,000 would pay an annual fee of $400.
l
, t Based on the March 16, 1993, U.S.
Court of Appeals of the District of Columbia remand decision relating to portions of the FY 1991 and FY 1992 annual fee schedules, the Commission has decided:
(1) not to use the ability to pass-through costs as a factor for any licensee when setting annual fees for a class of licensees; (2) to revoke the exemption from annual fees for nonprofit educational institutions; and (3) to change the method for calculating the low level waste (LLW) surcharge to NRC licensees who generate LLW.
The Commission believes these decisions are consistent with the court's decision.
The changes are being applied retroactively to FY 1991 and FY 1992.
Therefore, in the near future, the NRC will separately publish final FY 1991 and FY 1992 fee schedules revising t'.e surcharges assessed to certain licensees.
These' revisions re sult from the elimination of the nonpr7 fit educational exemption and from changing the method of allocating NRC LLW budgeted generic costs.
Requests for refunds are not to be filed with the NRC prior to.
pubication of these schedules.
The total amount of the refunds for FY 1991 and FY 1992 is estimated to be $7 million.
Enclosed is a copy of the final rule which is being transmitted to the Federal Register for publication.
l Sincerely, Dennis K.
Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Revision to 10 CFR Parts 170 and 171 cc:
Representative Michael Bilirakis t
i t
3
l jr "aw a
s j
7
, ?g UNITED STATES i 'i, r i E NUCLEAR REGULATORY COMMISSION g
[
WASHINGTON. D C. 20565-0001 s, s, j July 14, 1993 The Honorable Joseph Lieberman, Chairman Subcommittee on Clean Air and Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, D.C.
20510
Dear Mr. Chairman:
Public Law 101-508, the Omnibus Budget Reconciliation Act of 1990, requires that the NRC recover 100 percent of its budget t
authority, less the appropriation from the Nuclear Waste Fund, for fiscal years 1991 through 1995 by assessing license and.
annual fees.
For FY 1993, the NRC must collect approximately
$518.9 million through these fees as compared to $492.5 million for FY 1992.
In order to comply with the law, the Commission is amending its fee regulations in 10 CFR Parts 170 and 171.
The amendments to the Commission's fee regulations will, in most cases, incre'ase the fees currently charged to individuals and companies licensed by the NRC.
4 The amendments to 10 CFR Part 170, which assess license and inspection fees for specific identifiable services will: (1) increase the cost per professional staff-hour for all full cost I
fees; and (2) revise all flat fees for radioisotope programs consistent with the Chief Financial Officers Act to reflect the increased cost per professional staff hour and the current estimate of the average hours required to process licensing j
actions or to conduct inspections.
The amendments to 10 CFR Part 171, which assess annual fees for costs not recovered _through 10 CFR Part 170, will establish the amount of the FY 1993 annual fees to be assessed to operating reactors, fuel cycle licensees, transportation certificate holders, and materials licensees.
Most of the FY 1993 annual-fees have increased as compared to FY 1992.
However, those NRC licensees that can qualify as a small entity under the NRC's size standards would be eligible to pay reduced annual fees.
For example, a licensee with gross annual receipts of $250,000 to'
$3.5 million would pay a maximum annual fee of $1,800.
Those licensees with gross annual receipts of less than $250,000 would pay an annual fee of $400.
l l
- i r
1 4
)
t i
I
! f Based on the March 16, 1993, U.S.
Court of Appeals of the District of Columbia remand decision relating to portions of the FY 1991 and FY 1992 annual fee schedules, the Commission has decided:
(1) not to use the ability to pass-through costs as a factor for any licensee when setting annual fees for a class of licensees; (2) to revoke the exemption from annual fees for nonprofit educational institutions; and (3) to change the method for calculating the low level waste (LLW) surcharge to-NRC licensees who generate LLW.
The Commission believes these decisions are consistent with the court's. decision.
The changes are being applied retroactively to FY 1991 and FY 1992.
Therefore, in the near future, the NRC will separately publish final FY 1991 and FY 1992 fee schedules revising the surcharges assessed to certain licensees.
These revisions result from the elimination of the nonprofit educational exemption and from changing the method of allocating NRC LLW budgeted generic costs.
l Requests for refunds are not to be filed with the NRC prior to-pubication of these schedules.
The total amount of the refunds for FY 1991 and FY 1992 is estimated to be $7 million.
i 1
Enclosed is a copy of the final rule which is being transmitted to the Federal Register for publication.
i Sincerely, t,O A
$* ["
Dennis K.
Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Revision to 10 CFR Parts i
170 and 171 cc:
Senator Alan K.
Simpson L
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f
)
l t
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