ML20120A534

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Fiscal Year 2020 Final Fee Rule Letter to the Office of Management and Budget
ML20120A534
Person / Time
Issue date: 06/19/2020
From: Jason Shay
NRC/OCFO
To: Mcdonald C
US Executive Office of the President, Office of Mgmt & Budget (OMB)
smh
References
Download: ML20120A534 (3)


Text

C. McD UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 19, 2020 Ms. Christine McDonald The Office of Management and Budget 725 17th Street, NW Washington, DC 20503

Dear Ms. McDonald:

The Omnibus Budget Reconciliation Act of 1990, as amended, requires that the U.S. Nuclear Regulatory Commission (NRC) recover through fees approximately 90 percent of its Fiscal Year (FY) 2020 budget authority, not including any amounts appropriated for generic homeland security activities, Waste Incidental to Reprocessing, and Inspector General Services for the Defense Nuclear Facilities Safety Board. The FY 2020 final fee rule is based on the NRC appropriation stated in Public Law 116-93Further Consolidated Appropriations Act, 2020, giving the NRC a total budget authority of $855.6 million, which is a decrease of $55.4 million from FY 2019. In addition, the Act excluded the development of a regulatory infrastructure for advanced nuclear reactor technologies and international activities from the fee-recoverable budget. By law, the NRC is required to collect all fees by September 30, 2020.

In order to comply with the law, the Commission is amending its fee regulations under Part 170 of Title 10 of the Code of Federal Regulations (10 CFR), Fees for Facilities, Materials, Import and Export Licenses, and Other Regulatory Services Under the Atomic Energy Act of 1954, as Amended; and 10 CFR Part 171, Annual Fees for Reactor Licenses and Fuel Cycle Licenses and Materials Licenses, Including Holders of Certificates of Compliance, Registrations, and Quality Assurance Program Approvals and Government Agencies Licensed by the NRC.

After accounting for billing and collection adjustments, the total amount to be recovered as fees is approximately $728.1 million. Of this amount, the NRC estimates that $220.2 million will be recovered through 10 CFR Part 170 service fees and approximately $507.9 million will be recovered through 10 CFR Part 171 annual fees. In addition, the amendments to 10 CFR Part 170 revise the professional hourly rate and flat license application fees charged to licensees and applicants. The hourly rate used to assess 10 CFR Part 170 fees increases to

$279, previously $278 for FY 2019.

The amendments to 10 CFR Part 171 establish the amount of the FY 2020 annual fees to be assessed to NRC licensees to recover costs not recovered through 10 CFR Part 170 fees.

Compared to FY 2019, the FY 2020 annual fees are decreasing for fuel facilities; research and test reactors; operating power reactors; U.S. Department of Energy (DOE) Uranium Mill Tailings Radiation Control Act Program; for the DOE transportation activities; and for materials users licensees. Annual fees are increasing for spent fuel storage/reactor decommissioning. Annual fees remain unchanged for the non-DOE uranium recovery licensee.

Additionally, the FY 2020 final fee rule includes two policy changes that: (1) remove the fee exceptions in §170.21, footnote 1 and § 170.31, footnote 2, and (2) amend § 171.15 regarding the assessment of annual fees for 10 CFR Part 52 combined license holders and future 10 CFR Part 50 power reactor licensees. Finally, the FY 2020 final fee rule includes one administrative change.

Enclosed is a copy of the final rule which is being transmitted to the Federal Register for publication.

Sincerely, Jason E. Shay, Budget Director Division of Budget Office of the Chief Financial Officer

Enclosure:

Federal Register, Notice cc: Erin Cheese, OMB

ML20120A534

  • via e-mail CFO-0009 OFFICE OCFO/DOB/LFPT OCFO/DOB/LFPT OCFO/DOB/LFPT NAME JJacobs*

WBlaney*

CGalster*

DATE 04/30/2020 04/30/2020 04/30/2020 OFFICE OCFO/DOB/LFPT OCFO/DOB OCFO/DOB NAME ARossi*

RAllwein*

JShay*

DATE 05/01/2020 05/06/2020 06/19/2020