ML20059G669

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Forwards for Signature,Final Rule to Be Published in Fr That Amends 10CFR15, Debt Collection Procedures. Amend Necessary to Conform NRC Regulations to Amended Procedures Contained in Federal Claims Collection Stds
ML20059G669
Person / Time
Issue date: 07/25/1990
From: Scroggins R
NRC OFFICE OF THE CONTROLLER
To: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20059G534 List:
References
FRN-55FR32375, RULE-PR-15 AC87-2-10, NUDOCS 9009130061
Download: ML20059G669 (4)
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NUCLEAR REGULATORY COMMISSION

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. MEMORANDUM 10R': James M. Taylor Executive Director for Operations FROM:-

RonJ1d M. Scroggins Co9 troller

SUBJECT:

_ PROMULGATION OF FINAL RULE ON DEBT COLLECTION-PROCEDURES Attached for-your signature is a final rule to be published in the Federal i

' Register that amends 10 CFR 15. " Debt Collection Procedures." The amendment uis necessary to ccnform NRC regulations to the amended procedures contained in, the Federal Claim'; Collection Standards,- as amended on March 9 - 1984,.and the d

Federal claims' Collection Act'of 1966, as amended by the Debt Collection Act i1 of 1982,

Background:

On September 30,.1988, the Executive Director for Operations L

sign.ed a proposed rule to conform NRC's debt collection re9ulations_to the amended procedures' contained in the Federal Claims Collection. Standards issued j

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by the Generalt Accounting _0ffice and the Department of Justice. This rule is' intended to allow the NRC to further improve the collection of debts due the

' United States. Final' issuance of 10 CFR 15 was delayed.pending-concurrent

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development.of 10 CFR 16 (" Salary Offset Procedures for Collecting Debts Owed i

by Federal Employees to the Federal Government"). 10 CFR 16 was submitted:to-4 L

' the Office.of Personnel Management for review and has been approved.

I-The' provisions'of this rule that apply to civil penalties. assessed ~ by NRC j

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- under 10:CFR 2.205-will-be specified in the 'next revision-to 10 CFR 2.205, i

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LComments: On October 7,1988,.the proposed rule was published in the Federal l

iRegister inviting comments for 45 days ending November 21, 1988.

No comments 1

were received in the 0ffice of the Secretary.

Environmental Assessment: The staff has determined that the rule will not-

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.have a significant effect on the quality of the human environment (Enclosure.2).

Notice: A notice to the Commission that the'ED0 has signed this rule is

-enclosed for inclusion in the next Daily Staff Notes (Enclosure 3). The E

appropriate Congressional Committees will be notified (Enclosure 4).

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James H.' Taylor 2-s-

Coordination:' The Office of Administration has concurred.in these' amendments..

The Office cf the General Counsel has no legal objection.

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Enclosures:

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Federal Register Notice of Final Rulemaking 2.

Environmental Assessnent and Finding of No Significant impact 3.

Draf t Daily Staff Notes Item i

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Draft Congressional Letter d

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,x July 25, 1990 t

' MEMORANDUM FOR:: ; James M. Taylor -

Executive Director't 'r Operations

-FROM:

Ronald M. Scroggins Controller

SUBJECT:

PROMULGATION OF FINAL RULE ON DEBT COLLECTION PROCEDURES Attached for your. signature is_'a final rule to be published in the Federal-Register that amends 10 CFR 15, " Debt Collection Procedures." The amendment is necessary to conform NRC regulations to the amended procedures contained in the Federal Claims Collection = Standards, as amended on March 9, 1984, and the Federal Claims Collection Act of 1966, as amended by the Debt Collection Act of 1982.

Background:

On September 30, 1988,-the Executive Director for Operations signed a proposed-rule to conform NRC's debt collection regulations to the-amended procedures contained in the Federal Claims Collection Standards issued by the General Accounting Office and the Department of Justice. This rule-is intended to allow the NRC to further improve the collection of debts due the

-United States. Final issuance of 10 CFR 15 was delayed pending concurrent development of 10'CFR 16 (" Salary Offset Procedures for Collecting Debts Owed by Federal Employees to-the Federal Government").

10 CFR 16 was submitted to

the Office of Personnel Management for review end has been approved.

Th'e provisions of this rule that apply to civil penalties assessed by NRC under 10 CFR 2.205 will be specified in the next revision to 10 CFR 2.205.

' Coments : -On 0ctober 7, 1988, the proposed rule was-published in the Federal

Register inviting comments for 45 days ending November 21, 1988.

No coments were received in the Office of the Secretary.

Environmental Assessment:

The staff has determined that the rule will not have a significant effect on the quality oflthe human environment (Enclosure 2).

Notice: A notice to the Comission that the ED0 has signed this rule is enclosed for inclusion in the next Daily taff Notes (Enclosure 3). The appropriate Congressional Comittees will t,9 notified (Enclosure 4).

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LJamesM.-Taylor. 1 16 Coordination:- The Office of Administration has concurred in these' amendments.

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The Office of the General' Counsel has no legal objection.-

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-i f s/, Ronald M. Scrog$3 Ronald M. Scroggins-Controller 3

Enclosures:

.lu. Federal: Register Notice-of Final Rulemaking

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'2.r' Environmental Assessment ~and Finding

'J of:No-Significant Impact 3,

Draft Daily Staff Notes. Item

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Draft Congressional Letter 1

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.a APPROVED FOR PUBLICATION-

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The Commission delegated to the EDO (10 CFR 1.31 (a) (3)) the authority to f

developandpromulgaterulesasdefinedintheAPA-(5U.S.C.551(4)) subject to the limitations in NRC Manual Chapter 0103, Organization and Functions, Office'of the Executive Director for Operations, paragraphs 0213, 038, 039,

!and 0301.

The enclosed-rule, entitl d dDebt Collection Procedures," will amend Part 15 to conform NRC regulations to the amended procedures contained in the Federal _.

Claims Collection Standards issued by the General Accounting Office and the Department of Justice.

However, the debt collection provisions for salary offset will be implemented through the establishment of 10 CFR Part 16.

This final: rule does not-constitute a significant question of policy, nor does t

-it amend' regulations contained in 10 CFR Part 7, 8, or 9 Subpart C concerning-matters of policy.- Therefore, I find that this rule is written within the scope of nty rulemaking authority and_ am proceeding to issue it.

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- W Date-es M. Tay1gr xecutive Director for_0perations

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b, NUCLEAR REGULATORY. COMMISSION-10 CFR PART 15 (j

RIN 3150-AC87 Debt Collection Procedures AGENCY:' Nuclear Regulatory Conunission.

ACTION: Final rule.

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SUMMARY

The Nuclear Regulatory Commission (NRC) is. amending its regulations concerning the procedures that the NRC uses.to collect'the debts which are owed

-to it.

The amendment-is necessary to conform NRC regulations to the amended procedures contained in the Federal Claims Collection Standards issued by the j

General Accounting Office (GAO) and the Department'of Justice (DOJ).- This action is intended to allow the NRC to further improve'its collection of-debts I

due the United States.

EFFECTIVE DATE:- (30 days after publication)

FOR FURTHER INFORMATION CONTACT: Diane B.'Dandois, Chief, License Fee and Debt Collection Branch, Office of the Controller, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-7225.

i SUPPLEMENTARY INFORMATION: On February 22, 1982 (47 FR 7615), the NRC published

-a final rule concerning debt collection procedures.

Since then, the Debt Col-,

C lection Act of 1982 (Pub. L.97-365) was enacted on October 25, 1982, which revised the Federal Claims Collection Act of 1966 (31 U.S.C. 3701 et seq.).

On March 9, 1984 (49 FR 8889), GAO and DOJ issued a final rule amending the Federal Claims Collection Standards as set out in 4 CFR Parts 101-105. On October 7,

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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 1

.to submit written comments on the proposed rule by November 21, 1988, and no comments'were received.

The revision to 10 CFR Part 15 establishes procedures for the NRC cc col-1ect, compromise, or terminate collection action on claims owed to th -Jnited States :avernment arising from activities under NRC jurisdiction.

The revision implements the Federal Claims Collection Act as amended by the Debt Collection i

Act and supplements the amendments to the Federal Claims Collection-Standards.

l This revision, however, does not implen.ent the salary offset provisions of the i

' Debt Coll'ection Act'.

Those provisions will be implemented through the estab-

.j lishment of 10 CFR-Part lo which is currently under development by the.

Commission.

In addition this rulemaking does not address the collection of civil l

penalties under 10 CFR 2.205. NRC is considering a separate rulemaking action 3

I to specify those provisions of 10 CFR Part 15 which apply to civil penalties 1

- assessed-by NRC under 10 CFR 2.205.

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Section by Section Analysis Section 15 1 Application.

I This section is revised to make it clear that Part 15 prescribes-NRC i

procedures for collecting, compromising, terminating, and reterring claims to,

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GAO and DOJ, and to conform to Pub. L.99-224.

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Paragraph.(b)(1) is modified'to conform to-the provisions 'of Pub.4 L.99-224, dated December 28, 1985, which' amended 5 U.S.C. 5584,=10 U.S.C. 2774-and 32.U.S.C.

a 716_by authorizing waivers of erroneous-payments of travel, transportation and Lrelocation expenses, and' allowances, y

t A new paragraph (b)(2) is added to indicate that 'ivil monetary penalties c

V imposed under.10 CFR 2.205 are subject to special statutory and administrative s

i procedures '.

f Section 15.2 Definitions.

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l This new section is added to provide definitions for the terms "administra-i

.i tive offset," '! claim 'and debt," " delinquent," " license," and " payment in full"

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as they are used in this part and 4 CFR Parts 101-105.

Section 15.3 Communications.

.i This section is revised by correcting the Commission's address for communi-1 h

-cations concerning the regulations in 10 CFR Part 15'.

i Section-15.5 Claims-that are covered.

This~section is revised to note that the provisions of 10 CFR Part 15 which apply to~ civil penalties shall be specified in 10 CFR-2.205, to note that the f

. provisions of 10 CFR Part 15'do not apply either to claims'between Federal' agencies, or to claims once they become subject to the salary offset provisions of 5 U.S.C. 5514, and to explicitly provide that fees imposed under 10 CFR Parts 170 and' 171 are covered.

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^l i Section:15.7:LMonetary ' limitations on NRC's ' authority.

,x The statutory; citation in.th'is section is corrected to. read.31 U.S.C'.

i l3711(b). Paragraph (b) is modified to include " penalties, and administrative j

costs" with the exclusion'of interest from the $20,000 limitation'on-theLNRC's' IY

' compromise-authority.

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- ze Section 15.9 Omissions not a' defense.

s This section.is modified to include the citation-for'the Federal Claims

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Collection Standards.

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t Section 15.13 Subdisision of claims.

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I cross. reference to the statutory and regulat'ory authority for this y

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i S1 ection 15.21 Written demands for payment.

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Paragraph (a)(1) is modified to includeinotice to the debtorsiof their right

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ito seek. review within the-Agency.. Paragraph- (a)(4) is. modified to indicate the' l

Ldate of mailing <or hand delivery as'the date on which payment is to be made under c

n gnormal circumstances; consistent with 4 CFR,Part.102.

Paragraph (a)(5) is modi-is 0:

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lfied to' include-penalties and administrative costs of collection in the-demand t

for payment.

h >L r EMinor -editorial -changes tare made to paragraph (b), including the addition l

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of possible reporting of delinquent debts to consumer reporting agencies' Q

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Section'15.25 ' Personal interviews.;

4 This section is modified to make personal interviews' discretionary on-the:

part of.;the NRC under paragraph. (a) while maintaining a requirement to grant an i

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- interview to the debtor, if requested, under paragraph (b).

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Section 15.26 ?Use of consumer reporting agencies.

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-1 A new section is added to provide for the reporting of delinquent debts to consumer reporting agencies, notifying debtors of these actions, reporting

- debt-status changes to, debtors, and limiting the information which the NRC may!

provide to' consumer reporting' agencies.

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Section 15.29. Suspension or revocation of license.

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.This section is-modified to correspond more closely to the terminology used in 4 CFR Parts.101-105.

io Section 15.31 Disputed debts.

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This.section is. modified to correspond more closely to the terminology i

, used in 4 CFR Parts'101-105.

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Section 15.32 Contracting for collection services.

This new section is added to provide for NRC action to collect a debt by 1

means of-a commercial collection agency, as authorized by 4 CFR 102.6.

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i With the inclusion.of this new section, $ 15.63 is removed from Subpart E s

of this_part.

Section'15.33 Collection by administrative offset.

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r This section is modified to disclose the 10 year limitation on the NRC's

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authority to. initiate an administrative offset.

If the payment of fees to the 1

'NRC is deferred,.the ten years will_run from the end of the deferral period or 5

t any otoer period the NRC subsequently establishes.

i Paragraphs (b)'and (c) of this section are changed to make it consistent

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with the provisions in 4 CFR 102.2,.102.3, and 102.4, and 5 U.S.C. 5514. Provi-sions are added to establish the debtor's procedural rights, to provide for seeking effset from other Government agencies when they have funds due_the debtor, to provide for NRC acceptance of a repayment agreement in lieu of an offset,_ and to establish other limitations on the use of adniinistrative of'fset in the collection of debts owed the NRC.

,1 Saction 15.35 Payments.

Language is added to this section to clarify that charges for interest, penalties, and administrative costs will be assessed on delinquent payments paid in full in one ltunp sum.

In addition, language is added to explain how

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an. installment agreement will be instituted and applied to a debt. The signi-

.ficant additions are a provision for accelerated payment in the event the debtor defaults on an installment agreement and an indication that the NRC will comply with the debtor's instructions in the application of payments when more 6

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'than one debt is involved.

If the debtor does not, however, designate the I

application'of payments, the NRC will apply the. payments in th'e best' interest-t.

of the' United States.

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Section 15.37 Interest, penalties, and administrative costs.

This section-is changed substantially by revising its title and adding the following new paragraphs:

. Paragraph (e) provides that the interest. rate on a' debt will remain fixed

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except under specified circumstances.

'Parat 4.ph (f) provides that the NRC will assess against the debtor the costs of administratively handling a delinquent debt.

Paragraph (g) codifies the current NRC practice of assessing a penalty charge in the amount of 6 percent per annum on a debt that is delinquent for l

. wore than 90 days. This charge accrues from the date that the debt became t-delinquent. -Thus, both interest and penalties are calculated.from the'same

' nitial date.

i Paragraph (h) provides that payments will be applied first to outstanding penalty and administrative charges, then to interest, and. finally-to the l

principal..

Paragraph'(1) ccdifies current NRC practice-of waiving interest for debts paid within 30 days of the due date.

Paragraph (j) codifies current NRC practice of waiving interest during the period a disputed debt is under investigation.

Paragraph (k) codifies other circumstances under which interest, penalties,

.i and administrative costs may be waived.

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s Section 15.38 lUse of credit reports.

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oL O A new section'is added to allow NRC to-institute a credit investigation.of a

a debtor in ordet to make' appropriate determinations regarding the collection of -

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.a claim.

a hn Section 15.41 When a clata may be compromised.

. The opening sentence of this section is changed for clarification purposes d

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only.-

t Section 15.43 Reasons for compromising a claim.

This section is modi' led to bring it into conformity with 4 CFR Part 103.

1 Paragraph (c) is. changed to indicate that collection costs will be expended in'

accordance with 4 CFR 103.4 rather than as currently stated. ' Paragraph-(d)11s j

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-divided;to' set out separately in a new paragraph (e) the requirement for an n

enforceable agreement 6f' installment payments under a compromise of a claim.

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Section 15.45 Restrictions on the compromise of a claim.

U The opening sentence of this section is. changed for clarification purposes b

-only.

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[,,x Sectionvl5.51 ~When collection action may be suspended or terminated.

This -section 'is modified to indicate the exclusion of interest, penalties, and administrative costs from the monetary limitation on when'the NRC may suspend.or terminate collection action.

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'Section 15.61-Prompt referral, p

E Paragraph (a) is modified to delete the reference to a private Leollection agency which is now to be addressed in the new $ 15.32 discussed 8

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4 above. A'one-year referral requirement is codified for NRC action.after final' j

4 determination of the fact and the amount owed to the NRC.

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A new paragraph (b) is added to provide for NRC referral to GAO of questions I

concerning= acceptance of a proposed compromise, suspension, or termination of i

collection actions in order to obtain GA0 s advice on the matter in question.

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.The current paragraph (b) is redesignated as paragraph-(c).

I A new paragraph (d) is added to reflect the fact that once a referral has h

been made to GAO'or DOJ, the NRC will refrain from any contact with the debtor y

and will immediately advise GAO or DOJ of any payments made by the debtor.

Section 15.63 Referral of a claim to private agencies for collection.

This section is deleted both because of the new $15.32 which addresses

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these actions, and because these collection actions are not a referral in the truest sense, but rather reflect a different form of collection action by the I

NRC using other means.

i Section 15.67 Referral to the Department of Justice.

A new paragraph (a) is added to indicate the threshold for determining to whom the NRC will refer a claim for enforced collection, i.e., DOJ or the appro-priate U.S. Attorney. The current paragraphs (a) and (b) are redesignated as paragraphs (b) and (c), respectively.

A new paragraph (d) is added to indicate that the NRC must make its referrals in accordance with the guidance in 4 CFR 105.2, and that pertinent evidence will be preserved.

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Finding of No Fignificant Environmental Impact:

Availability.

-The Commission has determined under the Nationa1' Environmental Policy Act

-of 1969, as amended, and the Commission's regulations in Subpart A of 10 CFR

.Part 51, that this rule is not a major Federal action significantly affecting the quality of the human environment and therefore an environmental statement is not. required. Amending the procedures.that the NRC uses to collect debts will have no radiological environmental impact offsite and no impact on occupational radiation exposure onsite. The amendment does not affect.nonradiological plant effluents and has no.other environmental impact. The environmental assessment and finding of no significant impact,.on which this determination is based, are available.for' inspection.at the NRC Public Document Room,.2120 L Street, NW 6

-(Lower Level) Washington, DC.

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l Paperwork Reduction Act Statement This final rule contains no information collection ~ requirements and therefore.is not subject to the requirements of the Paperwork Reduction-Act of 1980 (44 U.S.C. 3501 et seq.).

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Regulatory. Analysis s

.This final rule will bring NRC debt collection procedures into conformance-with ' current statutory and regulatory. guidance and requirements and, tho efofe, does not have significant impact on state and local governments and geograohical regions, health, safecy, and the environment; nor does it represent substantial' costs to licensees, the NRC, or other Federal agencies.

This constitutes the regulatory analysis for this rule.

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Regulatory Flexibility Certification 1

.In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Commission certifies that this rule does not have a ignificant economic impact on a substantial number of small entities. Any impact on a small entity which might occur will result solely from the acts or omissions of the small entity, concerned because of its failure to pay a valid debt to the NRC. As a result, j

a regulatory flexibility analysis has not been prepared.

Backfit Analysis d

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The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply y

to this rule, and therefore, that a backfit analysis is not required for this j

rule because these amendments do not involve any provisions which would impose i

backfits as defined in-10 CFR 50.109(a)(1).

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List of Subjet..

10 CFR Part 15

.a Administrative practice ad procedure, Debt collection.

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For the reasons set out in the preamble and under the authority of the e'

Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974,.

as amended, the Federal Claims Collection Act of 1966, as amended, and 5 U.S.C.

552 and-553, the NRC-is adopting the following amendments to 10 CFR Part 15.

PART 15 -- DEBT COLLECTION PROCEDURES i

-1.

The authority citation for Part 15 is revised to read as follows:

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AUTHORITY:

Sees. 161, 186, 68 Stat. 948, 955, as amended (42 U.S.C. 2201, 2236); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 3, Pub. L.89-508, 80 Stat. 308, as amended (31 U.S.C. 3711, 3717, 3718); sec. 1, Pub. L.97-258, 96 Stat. 972 (31 U.S.C. 3713); sec. 5, Pub. L.89-508, 80 Stat. 308, as amended (31 U.S.C. 3716); Pub. L.97-365, 96 Stat. 1749 (31 U.S.C. 3701-3719);

Federal Claims Collection Standards, 4 CFR Parts 101-105.

2.

Section 15.1 is amended by revising paragraphs (a) and (b)(1), redes-ignating paragraph (b)(2) as paragraph (b)(3), and adding a new paragraph (b)(2) to read as follows:

I 15.1 Applicati,on.

(a) TLis part applies to claims for the payment of debts owed to the United States Government in the form of money or property and; unless a differ-i ent procedure is specified an a statute, regulation, or contract; prescribes l

1 procedures by which the NRC --

i (11 Collects, compromises, suspends, and terminates collection actions for claims; (2) Determines and collects interest and otFsr charges on $_..se claims; rod i

1 (3) Refers unpafd claims to the General Accounting Office (GAO) and the l

Department of Justice (DOJ) for litigation.

(b)

(0) A claim against an employee for erroneous payment of pay and allowances

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i subject to waiver under 5 U.S.C. 5584.

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(2) A claim against an applicant for, or a holder or former hvider of, an NRC license involving the payment of civil penalties imposed by the NRC under 6

10 CFR 2.205.

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Section 15.2 is added to read as follows:

1 15.2 < Definitions.

Administrative offset means withholding money payable by the United States Government. to, or held by the Government for, a person to satisfy a debt the person owes the United States Government.

Claim and debt are used synonymously and interchangeably for the purposes of this part. These terar refer to money or property which has been determined

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by an appropriate NRC official to be owed to the United States by any person, organ ation, or entity, except another Federal agency.

A debt is considered delinquent if it has not been paid by the date spe-cified in the: initial written demand for payment or appitcable 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 agreemect w'.th the NRC after other payment arrangements have been made, the debt becomes a delinquent debt.

License means any license, permit, or other approval issued by the Commission.

Pa: ment in full means payment of the total debt due the United States, including any interest, renalty, and administrative costs of collection assessed against the debtor.

4.

Section 15.3 is revised to read as follows:

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I 15.3 Communications.

Unless otherwise specified, all communications concerning the regulations in this part should be addressed to the Secretary, U.S Nuclear Regulatory Commission, Washing'>oa DC 20555, ATTN: Docketus and Service Branch. Communica-tions may be delivered in person to the Commission's offices 16:ated at 11555 Rockville Pike, One White Flint North, Rockville, Maryland 20852.

5.

Section 15.5 is amended by revising paragraphs (a)(1) and (b)(1),

removing the word "and" following paragraph (b)(3), and by adding paragraphs (b)(5) and (b)(6) to read as follows:

i 5 15.5 claims that are covered.

(a) *

(1) Results from activities of the NRC, including fees imposed under Part 170 and Part 171; or I

(b)

(1) A claim based on a civil monetary penalty for violation of a licensing requirement unless 6 2.205 of this chapter provides otherwise; (5) A claim between Federal agencies; and (6) A claim once it becomes subject to salary offset which is governed by 5 U.S.C. 5514 6.

In 5 15.7, the introductory pare.grapa and-(b) are revised to read as l

' follows:

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l I 15.7 Monetary limitation on NRC's authority.

l The NRC's authority to compromise a claim, or to terminate or suspend i

collection action on a claim covered by these procedures, is limited by 31 C.S.C. 3711(a) to claims that --

(b) Do not exceed $20,006, exclusive of interest, penalties, and administrative costs (the motetary limitation).

7.

Section 15.9 is amended by revising paragraph (a) to read as follows:

$_15.9 omissions not a defense.

(a) The failure of the NRC to include in this past any provision of the Federal Claims Collection Standards, 4 :FR Parts 101-105-, does not prevent the NRC from applying these provisions 8.

Section 15.13 is revised to read as follows:

9 6 15.13 Subdivision of claims.

r The NRC shall consider a debtor's liability arising from a particular t ra t 9 tion or contract as a single claim in determining whether the claim is less than the monetary Itaitation for the purpose of compromising or f

suspending or terminating collection action.

A claim may not be subdivided to avoid the monetary limitation established by 31 U.S.C. 3711(a)(2) and

$15.7.

9.

The heading of Subpart B is revised to read as follows:

Subpart E -- Administrative Collection of Claims 15

d q

y

'l}

[7590-01) 8 p.

c 10.

In i 15.21, paragraphs (b)(3)(iii), (iv), and (v) are redesig-nated as paragraphs (b)(3)(iv), (v), and (vi), respectively; paragraphs (a)(1), (a)(4),-(a)(5), and (a)(6), the introductory text of paragraph (b), and paragraph (b)(2) are revised; and a new paragraph (b)(3)(iii) is 7

added to read as follows:

c

^

. I 15.21 Written demands for payment.

'(a) *

(1) The basis of the indebtedness and the right of the debtor to seek review within the NRC; (4) The date on which payment is to be made (which'is normally the date the initial written demand letter statement was mailed or hand delivered, unless otherwise specified by contractual agreement, established by Federal O

statute or regulation, or agreed to under a payment agreement);

(5) The applicable standards for assessing interest, penalties, and administrative costs under 4 CFR 102.13; (6) 'The applicable policy for reporting the delinquent debt to consumer reporting agencies.

(b).~ Unless a debtor is a current NRC employee, the NRC shall normally send -

three progressively stronger written demands at not more than 30-day intervals, unless circumstances indicate that alternative remedies better protect the

' Government's interest, that the debtor has explicitly refused to pay, or that-sending a further demand is futile. Depending upon the circumstances of the

~ particular case, the second and third demands may--

16 i

__.,_______-m___

- - - - - ^ - - ' - ' - ' - ~ - - - - - ' ' ' '

[7590-01)

(2) State the amount of the interest and penalties that will be added on l

a daily basis as well as the administrative costs that will be added to the debt until the debt is paid; and (3)

  • l (iii) Possible reporting of the delinquent debt to consumer reporting agencies in accordance with the guidance and standards contained in 4 CFR 102.5 and the KRC procedures set forth in S 15.26;

~

l 11.

In S 15.25, the introductory text of paragraph (a) is revised to read I

as follows:

i 15.25 Personal interviews.

i (a) The NRC may seek an interview with the debtor at the offices of the NRC when--

12. A new $ 15.26 is added to read as follows:

$_15.26 Use of consumer reporting agencies.

i (a) In addition to assessing interest, penalties, and administrative 4

i costs under i 15.37, the NRC may report a debt that has been delinquent for 90 days to a consumer reporting agency if all the conditions of this paragraph are met.

(1) The debtor has not--

(1) Paid or agreed to pay the debt under a written payment plan that has been signed by the debtor and agreed to by the NRC; or (ii) Filed for review of the debt under 615.26 (a)(2)(iv).

17 L-

[7590-01)

(2) The NRC has included a notification in the third written demand (see i 15.21(b)) to the individual debtor stating--

(1) That the payment of the debt is delinquent; (ii) That, within not less than 60 days after the date of the notifica-tion, the NRC intends to disclose to a consumer reporting agency that the g

individual debtor is responsible for the debt; (iii) The specific information to be disclosed to the consumer reporting agency; aad (iv) That the debtor has a right to a complete explanation of the debt (if that has not already been given), to dispute information in NRC records about the debt, and to request reconsideration of the debt by administrative appeal or review of the debt, i

(3) The NRC has sent at least one written demand by either registered or certified mail with the notification described in paragraph (a)(2) of this section.

(4) The NRC has reconsidered its initial decision on the debt when the debtor has requested a review under 5 15.26(a)(2)(iv).

(5) The NRC has taken reasonable action to locate a debtor for whom the NRC does not have a current address to send the notification provided for in paragraph (a)(2) of this'section.

(b) If there is a substantial change in the condition or amount of the debt, the NRC shall--

-(1) Promptly disclose that fact (s) to each consumer reporting agency to which the original disclosure was made; q

(2) Promptly verify or. correct information about a debt on request of a consumer reporting agency for verification of information disclosed by the NRC; I

and, i

18

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[7590-01) 1.

I (3) Obtain assurances from the consumer reporting agency that the agency is complying with all applicable Federal, state and local laws relating to its use of consumer credit information.

(c) The information the NRC discloses to the consumer reporting agency is limited to--

(1) Information necessary to establish the identity of the individual J

debtor, including name, address, and taxpayer identification number; (2) The amount, status, and history of the debt; and (3) The NRC activity under which the debt arose.

l

13. Section 15.29 is revised to read as follows:

I 15.29 Suspension or revocation of license.

'}

The NRC may suspend or revoke any license or approval which the NkC has granted to the debtor for any inexcusable, prolonged, or repeated failure of the debtor to pay a c'elinquent debt.

Before suspending or revoking any license or approval for failure to pay a debt, the NRC shall issue to the debtor an Order to Show Cause (by either registered or certified mail) why the licence or other privilege should not be suspended or revoked. The NRC shall allow the debtor no more than 30 days to pay the debt in full, including applicable interest,' penalties, and administrative costs of collection of the delinquent debt. The NRC may suspend or revoke the license or approval at the end of this period.

If a license-is revoked under authority of this part, a new applica-tion, with appropriate fees, must be made to the NRC. The NRC may not consider u

i, an application unless all previous delinquent debts of the debtor to the NRC have been paid in full.

14.

In S 15.31, paragraphs (a) and (b) are revised to read as follows:

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[7590-01) e i 15.31 Disputed debts.

(a) A debtor who disputes a debt shall explain why the debt is incorrect.

in fact or in law within 30 days from the date that the initial demand letter was mailed or hand-delivered. The debtor may support the explanation by i

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 i 15.37 (j) pending a final determi-i nation of the existence or amount of the debt.

15.

Section 15.32 is added to read as follows:

5 15.32 contracting for collection services.

4 The NRC may contract for collection services in order to recover delinquent debts. Ilowever, the NRC retains the authority to resolve disputes, compromise claims, suspend or terainate collection action, and initiate enforced collection through litigation.

When appropriate, the NRC shall contract for collection r tvices in accordance with the guidance and standards contained in 4 CFR 102.6.

16. In S 15.33, paragraphs (a), (b), and (c) are revised; paragraph (d) is redesignated as paragraph (e), and a new paragraph (d) is added to read as follows:

$ 15.33 Collection by administrative offset.

(a) The NRC may administratively undertake collection by offset ca cach claim which is liquidated or certain in amount in accordance with the guidance and standards contained in 4 CFR 102.2, 102.3, and 102.4 and 5 U.S.C. 5514, 20

[7590-01]

t as applicable.

The NRC may not initiate administrative offset to collect a debt more than 10 years after the Government's right to the debt first accrued, unless facts material to the Government's right to collect the debt were not

{

known and could not reasonably have been known to the NRC or collection of dapproval" fees has been deferred under 10 CFR Part 170.

If the collection of

" approval" fees has been deferred, the ten-year period begins to run at the end of the deferral period.

(b) Collection by administrative offset of amounts paisble from the Civil Service Retirement and Disability Fund, the Federal Employees Retirement System or other similar funds is made pursuant to 4 CFR 102.4 and the provisions of 1

paragr@n (d) of this section.

l (c) Salary offset is governed by 5 U.S.C. 5514.

(d) The following procedures apply when the NRC seeks to collect a debt by offset against any payment to be made to a debtor or against the assets of a licensee.

(1) Before the offset is made, the NRC shall provide the debtor with a written notice of the nature and amount of the debt and--

(i) Notice of the NRC's intent to collect the debt by offset; i

(ii) An opportunity to inspect and copy NRC records pertaining to the debt; (iii) An opportunity to request re. consideration of the debt by ti.e NRC or, if provided for by statute, waiver of the debt; (iv) An opportunity to enter into a written agreement with the NRC to repay or pay the debt, as the case may be; (v) An explanation of the debtor's rights under this subpart; and (vi) An opportunity for a hearing when required under the provisions of 4 CFR 102.3(c).

(2) If the NRC learns that other agencies of the Federal government are holding funds payable to the debtor, the NRC shall provide the other agencies 21 l

[7590-01]

i with written certification that the debt is owed to the NRC and that the NRC has complied with the provisions of 4 CFR 102.3. The NRC shall request that funds due the debtor which are necessary to offset the debt to the NRC be transferred to the NRC.

(3) The NRC may accept a repayment or payment agreement, as appropriate, in lieu of offset, but will do so only after balancing the Government's interest in collecting the debt against fairness to the debtor.

If the debt is delinquent and the debtor has not disputed its existence or amount, the NRC may accept a repayment or payment agreement in lieu of offset only if the debtor is able to establish under sworn affidavit that offset would result in undue financial hardship or would be against equity and good conscience.

(4) Administrative offset is not authorized with respect to--

(i) Debts owed by any State or local government; (ii) Debts once they become subject to the salary offset provisions of 5 U.S.C. 5514; or (iii) Any case in which collection of the type of debt involved by admin-istrative offset is explicitly provided for or prohibited by another statute.

(5) The NRC reserves the right to take any other action in respect to 1

offset af, is permitted ader 4 CFR 102.3.

17. Section 15.35 is amended by revising paragraphs (a) and (b) to read as follows:

i 6 15.35 Payments.

(a) Payment in full. The NRC shall make every effort to collt;;

claim l

in full before it becomes delinquent.

If a claim is paid in one lump sum after it becomes delinquent, the NRC shall impose charges fer interest, penalties, l

\\

and administrative costs as specified in $ 15.37.

22 L

i

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[7590-01)

(b) Payment in installments.

If a debtor furnishes satisfactory evidence of inability to pay a claim in one lump sum, payment in regular installments may be arranged. Evidence may consist of a financial statement or a signed state-ment that the debtor's application for a loan to enable the debtor to pay the claim in full was rejected.

Except for a claim described at 5 U.S.C. 5514, all installment payment arrangements must be in writing and requice the payment of interest, and administrative charges.

i (1) Installment note forms, including confess-judgment notes, may be used.

The written installment agreement must contain a provision accelerating the debt payment in the event the debtor defaults.

If the debtor's financial statement discloses the ownership of assets which are free and clear of liens or security interests, or assets in which the debtor' owns an equity, the debtor may be asked to secure the payment of an installment note by executing a Security Agreement and Financing Statement transferring to the United States a r

secutity interest in the assets until the debt is discharged.

(2) If the debtor owes more than one debt and designates how a voluntary installment payment is to be applied among those debts, the NRC shall follow that designation.

If the debtor does not designate the application of the payment, the NRC shall apply the payment to the various debts in accor0& tee with the best interests of the United States, as determined by the tacts and circumstances of the particular case.

18. Section 15.37 is revised to read as follows:

1 15.37 Interest, penalties, and administrative costs.

(a) The NRC shall assess interest, penalties, and administrative costs on debts owed to the United States Government in accordance with the guidtace 23 r.

i

i'

[7590-01]

j l

provided under the Federal Claims Collection Standards, 4 CFR 102.13 unless otherwise directed by statute, regulation, or contract.

(b) Before assessing any charges on delinquent debts, the NRC shall mail

.or hand-deliver a written notice to the debu explaining its requirements concerning these charges under 4 CFR 102.2 and 102.13 (c) Interest begins to accrue from the date on which the initial written demand, advising the debtor of the interest requirements, is first mailed or I

j hand delivered to the debtor unless a different date is speci' led in a statute, regulation, or contract.

(d) The NRC shall assess interest br,cd upon the rate of the current value of funds to the United States Treasury (the Treasury tax and loan account a

rate) prescribed for the current quarter and published in the Federal P gister and the Treasury Financial Manual Bulletins, unless a different rate is pre-scribed by statute, regulation, or contract.

(e) Interest is computed only on the principal of the debt and the inter-est rate remains fixed for the duration of the indebtedness, unless a debtor defaults on a repayment agreement and seeks to enter into a new agreement.

(f) The NRC shall assess against a debtor chargeb to cover administrative costs incurred as a result of a delinquent debt. Administrative costs may include costs incurred in obtaining a credit report or in using a private debt collector, to the extent they are attributable to the delinquency.

(g) The NRC shall assess a penalty charge of 6 percent a year on any por-

' tion of a Mt that is delinquent for more than 90 days.

The charge accrues retroactively to the date that the debt became delinquent.

(h) Amounts received by the NRC as partial or installment paymcats are applied first to outstanding penalty and administrative cost charges, second to accrued interest, and third to outstanding principal.

24

a (7590-01]

i

)

(i) The NRC shall waive collection of interest on the debt or any portion of the debt which is paid in full within 30 days after the date on which interest began to accrue.

(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 expli ion of the l

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 5 15.31.

(k) The NRC may waive the collection of interest, penalties, and admin-a 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 a reasonable period of time; (2) Collection of interest, penalties, and administrative costs will jeopardize collection of the principal of the debt; (3) The NRC is unable to enforce collection in full within a reasonable-time by enforced collection proceedings; or (4) Collection would be against equity-and good conscience or not in the best interests of the United States, including the situation in which an admin-istrative offset or installment payment agreement is in effect.

19.

Section 15.38 is added-to read as follows:

[ 15.38 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 making appropriate determinations as to:

(a) The collection and compromise of a debt; (b) The collection of interest, penalties, and administrative costs; 25

k

[7590-01)

)

(c) The use of administrative offset; j

(d) The use of other co11ection methods; and (e) The likelihood of collecting the debt.

20.

Section 15.41 is revised to read as follows:

I 15.41 When a claim may be compromised.

i The NRC may compromise a claim not in excess of the monetary limitation if it has not been referred to GAO or to DOJ for litigation. Only the Comptrol-q Icr 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 i

accountable officer, including a claim against the payee, prior to its referral by GA0 for litigation.

21.

In i 15.43, paragraph (b) is amended by inserting a comma between the words " claimed" and "either," by revising paragraphs (c) and (d), and by adding paragraph (e) to read as follows:

I-15.43 Reasons for compromising a claim.

(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 1

accordance with the guidance in 4 CFR 103.4.

l_

(d) The NRC shall determine the debtor's inability to pay, the Government's j

L ability to enforce collection, and the amounts which are acceptable in compromise in accordance with the Federal Claims Collection Standards, 4 CFR Part 103.

j (e) Compromises payable in installments are discouraged, but, i. necessary, must be in the form of a legally enforceable agreement for the reinstatement of 26

E t

[7590-01]

y the prior indebtedness less suas paid thereon.

The agreement also must provide W

that in the event of default--

(1) Theentirebalanceofthedebtbecomesimmediatelydueandhayab)*; and (2) The Government has the right to enforce any security interest.

I 15.45 (Amended) 22.

In the first sentence of $ 15.45, the word "or" is corrected _to read "nor."

23.

Section 15.51 is revised to read as follows:

j_15.51 When collection action may be suspended or terminated.

The NRC may suspend or terminate collection action on a claim not in excess of the monetary limitation, exclusive of interest, penalties, and administrative costs, af,ter deducting the amount of partial payments, if any, if it has not been referred to GAO or to DOJ for litigation.

24.

Section,15.61 is amended by redesignating paragraph (b) as paragraph (c), revising paragraph (a), and adding new paragraphs (b) and (d) to read as follows:

I 15.61 Prompt referral.

'(a) A claim which requires enforced collection action is referred to GAO or to DOJ for litigation. A referral is made as early as possible consistent with aggressive collection action and in any event well within the time required p

i 27 L._

[7590201}

to bring a timely suit against the debtor. Ordinarily, referrals are made within one year of the NRC's final determination of the fact and the amount of the debt.

(b) Wher : % merits of the NRC's claim, the amount owed on the claim, or the propriety t,. acceptance of a proposed compromise, suspension, or termination of collection actions la in doubt, the NRC shall refer the matter to the GAO for resolution and instructions prior to proceeding with collection action and/or referral to DOJ for litigation.

(d) Once a claim has been referred to GAO or to D0J under this subpart, the NRC shall refrain from having any contact with the debtor and sha; direct the debtor to GAO or D0J, as appropriate, when questions concerning the claim are raised by the debtor. The NRC shall immediately advise GAO or DOJ, as appropriate, of any payments by the debtor, i 15.63 [ Removed]

25. Section 15.63 is removed.
26. Section 15.67 is amended by redesignating paragraphs (a) and (b) as paragraphs (b) and (c), respectively, and by adding new paragraphs (a) and (d) to read as follows:

G 15.67 Referral to the Department of Justice.

(a) Claims for which the gross original amount is over $100,000 must be referred to the Commercial i t ;p tion Branch, Civil Divirion, Department of Justice, Washington, DC 20530.

Claims for which the i

28

~.

~....

[7590-01) t.

gross original amount is $100,000 or less must be referred to the United States Attorney in whose district the debtor can be found.

(d) Claims must be referred to the Department of Justice in the manner prescribed by 4 CFR 105,2. Care must be taken to preserve all files,. records, and exhibits on claims referred under paragraphs (a) and (b) of this section.

Dated at Rockville, Maryland, this.2 7 day of

, 1990.

For the Nuclear Regulator an ion.

s

/

g _2k /h M. Taylor, /

e cutive Director for Operations.

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29

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j ENVIRONMENTAL ASSESSMENT a

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k FINDING OF NO SIGNIFICANT IMPACT l

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i

ENVIRONFENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT; REVISION TO 10 CFR PART 15 The Nuclear Regulatory Connission is amending its regulations concerning, the procedures that the NRC uses to collect the debts which are owed to it.

Environmental Assessment Identification of Action

(

10 CFR Part 15 was originally issued for public comment as a proposed rule on September 23,1981(46FR46960);publishedinfinalformon February 22,1982 (47 FR 7615) Lnd became e.'?ective on March 24, 1982.

This part was again issued for public comment as a ornposed rule on l

October 7,1988 (53 FR 39480), and no comments ven ceceived.

r Need for the Action L

Since the time that 10 CFR Part 15 was last published as a final rule, the Debt Collection Act of 1982 (Pub.97-365) was enacted on October 25, l'

1982, which revised the Federal Claims Collection Act of 1966(931 L. -

+.

1 U.S.C.3701etseq.). On March 9, 1984 (49 FR 8889), the General i

Accounting Office and the U.S. Department of Justice issued a final rule e

amending the Federal Claims Collection Standards as set out in 4 CFR Parts 101-105. The NRC is required by the Federal Claims Collection Act to issue debt collection procedures that conform with the Act and with the standards as set out in 4 CFR 101-105. The debt collection procedures published in finsi form as 10 CFR Part 15 on February 22, 1982, conform neither with the Federal Claims Collection Act as amended nor the Federal claims Collection Standards as amended. The Federal Claims Collection Act of 1966 provided that these procedures be issued as regulations.

i Environmentallmpa.ctoftheAction The revision of 10 CFR Part 15 will have no radiological environmental impact offsite, and no impact on occupational exposure onsite. The amendment does not affect nonradiological plant effluents and has no other environmental impact. Therefore, the Consnissiun concludes that there are no significant environmental impacts associated with the j

amendment.

Alterndtive:s to the Action l

AsrequiredbySection102(2)(E)ofNEPA(42U.S.C.4332(2)(E)),the ataff has considered possible alternatives to the action. One

! l

i i

. alternative was not to initiate a rulemaking proceeding. This is not acceptable as it would not conform to the statutory proiision for the NRC to publish debt collection procedures which conform to the Federal Claims Collection Act, as amended, and the Federal claims Collection Standards, as amended.

Revising the existing rule was chosen as the best alternative.

+

Alternative Use of Resources r

i No alternative use of resources was considered.

t

- Agencies arid Persons Consulted l;

l No agencies or persons were consulted.

Finding of No Significant Impact i

The Cormission has determined not to prepare an environmental impact j

L statement for the amendment.

s j

Dased on the foregoing environmental assessment, we conclude that the action will not have a significant effect on the quality of the human l

environment, a

l L. :

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i Sample 2 - List of standard Congressional Addresses.

The Honorable Philip R. Sharp, Chairman Subcommittee on Cnergy and Power Committee on Energy and Commerce United States House of Representatives Washington, DC 20515 cc: The Honorable Carlos J. Moorhead The Honorable Bob Graham, Chairman Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, DC 20510 cc: The Honorable Alan K. Si.pson The Honorable Morris K. Udall, Chairman Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Represenatives Washington, DC 20515 cc: The Honorable James V. Hansen i

B

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