ML20059G640
| ML20059G640 | |
| Person / Time | |
|---|---|
| Issue date: | 07/09/1990 |
| From: | Halman E NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Scroggins R NRC OFFICE OF THE CONTROLLER |
| Shared Package | |
| ML20059G534 | List: |
| References | |
| FRN-55FR32375, RULE-PR-15 AC87-2-09, AC87-2-9, NUDOCS 9009130044 | |
| Download: ML20059G640 (9) | |
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UNITED STATES
. NUCLEAR REGULATORY COMMISSION t
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JUL 0 91990 q
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~ MEMORANDUM FOR:
. Ronald-M. Scroggins Controller.
.i FROM:
Edward L. Halman, Acting Director Office of Administration d
SUBJECT:
REVIEW 0F FINAL RULE ENTITLED DEBT COLLECTION PROCEDURES 8
The Regulatory Publications Branch has reviewed the find ule concerning
-the procedures that the.NRC uses to collect the debte
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<re owed to it.
We have enclosed a' marked-up copy of the final rule -
'ts our comments.
The Office.of the Federal Register (0FR) has changed.., s, i;.ised to,, resent
- defined terms in codified text. We have made changes to the text of $15.2 that are necessary to conform to the revised 0FR style for tresenting definitions..
If you have any questions concerning this matter, please have a member of your staff contact Betty K. Golden, Regulatory Pu!lications Branc'1, ADM (extension i
24268) or Michael T.- Lesar, Chief, Rules Review Section, Regulatory Publications Branch, AP" lextension 27758).
/
cting Director.
Office of Administration
Enclosure:
As stated j
cc:l Patricia G. Norry, IRM r
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9009130044 90090'e PDR PR 15 55FR32375 PDR g
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[7590-01]-
1988' (53 FR 39480), the NRC published a proposed rule based on the requirements contained in the Federal Claims Collection Standards. The public'was invited-to submit written comments-on the proposed rule by November 21, 1988, and no comment's were received.
L.
The revision to 10 CFR Part 15 establishes procedures ~for--the PRC to col-lect,' compromise, or terminste collection action on claims owed to the United States Government arising from activities under NRC jurisdiction. The revision
- implement.i the Federal Claim. Collection Act as amended by the Debt Collection
' Act-and supplements the amendments to the Federal Claims Collection Standards.
' This revision, however, does not implement the salary offset provisions of the
- Debt Collection Act. Those provisions will be implemented through the estab-lishment of 10 CFR Part 16 which is currently under development by the 1.v o s wr*~* hu, n ** g V
,7,,,,y tG i. t/aer g...,/ p t -$<a Commi saion.
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,, < aen,m Th: P :.hd usc..S i: ::ci : 10CFR2.205.iraaseparaterulemakingaction to specify those provisions of 10 CFR Part 15 which apply to civil penalties
- assessed by NRC under 10 CFR 2.205.
.Section by Section Analysis Section 15.1 Application.
This section is revised to make it clear that Part 15 prescribes NRC procedures.for collecting, compromising, terminating, and referring claims to GA0 and DOJ, and to' conform to Pub. L.99-224, 2
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[7590-01);
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- (?) A claim againat'an applicant for, or a holder or former holder of,-an
-NRC 11 cense; involving the payment'of civil penalties imposed by7 the NRC under m.
10 C1'R 2.205.
p 3.
Section 15.2 is added to read as follows:
- I 15.2 Definitions.-
dainistrative offset eens withholding money payable by the United States' Government to, or held by the Government for, a person to satisfy a debt the-t.
. person owes the United States Government.
' Claim!anbhbreusedsynonymouslyandinterchangeablyforthepur-
. poses ( C this part. These terms refer to money or property which has been determined-by an appropriate NRC official to be owed to the United States by any person, organization, or entity, except another Federal-agency.
delinauentNf it has c<at been paid by the date -
A debt is consider specified in the initial written demand for payment or applicable contractual agreement with the NRC unless other satisfactory payment arrangements have been.
made by that date.- If the debtor fails to satisfy obligations under a payment-L' agreement with the NRC after other payment arrangements have been made, the debt becomes a delinquent debt.
'Licensedeans any license, permit, or other approval issued by the Commission.-
- Payment-in full #means payment of the total debt due the. United States,
. including any interest, penalty, and administrative costs of collection assessed against the debtor.
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Section 15.3 is revised to reed as follows:
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[7590-01]-
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5 8 15.31 Disputed debts..
(a) A debtor who disputes a' debt sha11' explain why the debtiis incor ect V
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in fact or in law within 30 days from the date that the initial demand letter was sailed or hand-delivered. The debtor may support the explanation by l
.g affidavits, cancelled checks, or other relevant evidence.
-(b), If the debtor's arguments appear to have merit, the NRC may extend-the interest waiver period as described in $ 15.37 (j) pending a final determi-y j.
nation of the existence or amount of the debt.
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- 15. Section 15.32 is added to read as follows:
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f 15.32 Contracting for collection services.
The NRC may contract for collection services in ordsr to recover. delinquent
' debts. Howe 7er, the NRC retains the authority to resolve disputes, compromise claims,-suspend or terminate collection action, and initiate enforced collection-
- through litigation. When appropriate, the NRC shall contract.for collection services in accordance with the guidance and standards contained in 4 CFR 102.6.
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i 16.
In 9 15.33f paragraphs (a), (b), and (c)'are. revised;jparagraph (d) --is 4;
- redesignated as paragraph-(e),.1 and a new paragraph (d) is'added to read as foll'ws:
o L15.33 Collection by administrative offset.
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.(a) The NRC may administrative 1y undertake collection by offset on each claim which is liquidated or certain in amount in accordance with the guidance and standards containtA in 4 CFR ts 102.2, 102.3, and 102.4 and 5 U.S.C. 5514, I
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[7590-01) l (i).The NRC sha111 waive collection of interest on the debt or any portion of the debt which is paid in full wit.hin 30 days after the date on which interest
-began-to accrne.-
(j) The NRC may waive interest during the period a debt disputed under i 15.31 is;under investigation or review by the NRC. However, this additional:
waiver is not automatic and must be requested before the expiration of the
. initial 30-day waiver period. The NRC may grant the additional waiver only
-when it finds' merit in the explanation the debtor has submitted under i 15.31.
(k) The NRC may_ waive the collection of interest, penalties, and admin-t istrative costs:if it finds 'that one or more of the following conditions exist:
(1) The debtor is= unable to pay any significant sum toward the debt within
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a reasonable period of time; (2) Collection of interest, penalties, and administrative costs will jeopard'ize collection of the principal of the debt; (3) The NRC is' unable to enforce collect'su in full within a reasonable time by enforced collection proceedings; o"
, 4) Collection would'be against equityLand good conscience or not in the
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best interests of the United States, including the-situation in which an admin-istrative offset or installe:.nt payment agreement is in effect.
19. - Section 15.38 is added to read as follows:
$ Ig.438 Use of credit reports.
The NRC:may institute a credit investigation of the debtor at any time.fol-
_ lowing receipt.of knowledge of the debt in order to aid NRC in raking appropriate determinations as to:
(a) The collection and compromise of a debt; (b) The collection of interest, penalties, and administrative costs; 25
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[7590-01)"
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(c).The use'of administrative' offset; F
(d) The'use of other collection methods; and (e)' The likelihood of collecting the debt.
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5I 20.
Section 15.41'is revised to read as follows:
g 6 15.41 When a claim uay be compromised.
ThelNRC'may compromise a claim not ir excess of the monetary limitation-
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- if it has not been referred to GAO or. to DOJ for litigation. Only the Ccwptrol-1er General of the United States or designee may effect the compromise of'a-claim that arises out of an exception made by the GA0 in the account of an:
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' accountable officer, including a claim against the payee, prior to its referral
' by GAO for litigation.
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-21.
In 6-15.43, paragraph (b) is amended by inserting a comma between
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. words"claime(Qand"either,"byrevisingparagraphs(c)and(d),andbyadding-paragraph-(e) to read.as follows:
$ 15.43 Reasons'for compromiaius a claim.
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. (c)-- The. cost of collecting the claim does not justify the enforced collec-tion of the full amount. The NRC shall apply this reason for compromise in
- accordance with the~ guidance.in 4 CFR 103.4.
(d) The NRC shall determine the debtor's inability to pay, the Government's
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- ability to' enforce collection, and the amounts which are acceptable in compromise 0
in'~accordance with the Federal Claims Collection Standards, 4 CFR Part 103.
(e) ! Compromises payable in installments are discouraged, but, if necessary, must be'in the form of a legally enforceable agreement for che reinstatement of 26
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1 Achon File Note and Retum d-Asquevel For Cle6tence Por Conversetton
~ /j As Requested For Correction Propero Reply i
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Circutsee For Your information See Me
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a 00 NOT use this form se a RECORD of sporovale, concurrences, d6ecosale, clearances, and similar actione FR08Rs (Neme.org.sym6ol, Agencyn%et)
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OPTION AL FORWI 41 (Rev. 7 78) 804t+102 Qu s. E or iso-isi.nes,4een Pressrited 69 eSA
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FPtedt(41 CFel10111.30je
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The ED0 has signed this final rule and s
approval for publication.
l When package is completed, send to David Meyer, Chief, Regulatory Pub. Section, P-233 by August 3, 1990.
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