ML20059M132
| ML20059M132 | |
| Person / Time | |
|---|---|
| Issue date: | 06/19/1990 |
| From: | Rich Smith NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Dandois D, Anthony Huffert NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF THE CONTROLLER |
| Shared Package | |
| ML20059M128 | List: |
| References | |
| REF-WM-3 IEIN-90-038, IEIN-90-38, NUDOCS 9010030177 | |
| Download: ML20059M132 (2) | |
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UNITED STATES e
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g NUCLEAR REGULATORY COMMISSION 4
J wAssiNotoN. o. c. rosss j
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a gv.....f June 19, 1990 r
i MD10RANDUM IVR:
Diane Dandois, Chief License Fee & Debt Collection Branch Office of the Controller Anthony M. Huffert, Chief low Level Regulatory Branch 3
Divisican of Im IArvel Waste Managenant & Deccanissioning Offico of Nuclear Material Safety and Safeguards FRO 4:
Ronald M. Smith, Senior Attorney l
Rulemaking & Fuel Cycle Office of the General Counsel 1
SUIVECT:
FCS EDR FINMCIAL ASSURA!CE SUIMITTALS-l NRC INFORMATION ICTICE NO. 90-38 i
t Within the Discussion of NRC Infomation Notice No. 90-38, dated May 29, 1990, it is stated that: " Financial assurance sulznittals will be processed as' amendments to your license and are therefore subject to the fees specified in 10 CFR Part 170 for the fee category assigned to the materials license or application." Up n further reflection on this matter, it is the view of this office that this is not the best approach as to materials licensees. Rather we believe that such sulrtittals thould not be subject to fees under Part 170 for the reasons discussed below.
L In promulgating the final deccanissioning rule, the Ccenission addressed the issue of whetheir financial assurance submittals should be oorusidered to be an ar.endment of a license condition and thus subject to fees. Specifically, the Statement of Consideration provided:
"A nurrber of ocanenters objected to the requirement in the nale that sutznittals of reactor funding plans be a condition of a license. 'Ihe ocmmenters indicated that by doing so any. change in the funding plan could be interpreted as a license amendment. '1he acomenters argued that this was unnecessary since the funding requirements do not have a direct j
2.npact on the safe operation of the plant. 'Ihis could have a negative 1
effect on continued plant operations even though there was no safety concern. Most ocenenters argued that the requirements would be better promulgated as regulations which would not decrease NRC's enforcement authority. The Ccemission has considered these conments in light of the need to provide reasonable assurance of the availability of funds for deocunissioning and, in response, in order to build flexibility into the nile, has modified the preposed rule to make the reactor funding requirements a specific regulatory requirement in 5 50.75 instead of a l
license condition."
(Enphasis added.)
53 FR 24018, 240 R 1
l 9010030177 90o921 PDR WASTE Wr1-3 PDC ENCLOSURE 1
I Ehile it is recognized that the abene quoted position did not address ruterials licensees and prior views of this office have included the view that a regulatory requirment resulting in the amendment of a license rcxiuires the payment of fees, it is noted that the financial assurme l
requirments really only amunt to reporting requirments, both under Part 50 and under Parts 30, 40, and 70. As Gt S 50.75, the relevant sections ct umce latter Parts do not provide for a review and approval process on the part of the NRC. Therefore, there does not appear to be any basis for an amendnent to such licenses and hence the payment of f w s in such cases.
In any event, so long as the applicable regulations provide no basis for the NRC to find that it is providing a " service" to the licensees, the tatC should not 2arge fees for the financial assurance submittals for materials licensees as a matter of fairness because it doec rot do ao for the power reactor licensee ctamittals. Accordingly, it is reu.me-#.ied that these licensees be advised that fees will not be charged for cubmittals of financial assurance plans.
(This has no effect on the charging of foes for the cubmittal, reviw, and approval of deocmissioning plans.)
N nald M. Smith Senior Attorney office of the Genend Counsel h
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