ML20125E327
| ML20125E327 | |
| Person / Time | |
|---|---|
| Issue date: | 07/27/1992 |
| From: | Scroggins R NRC OFFICE OF THE CONTROLLER |
| To: | Beckjord E, Bernero R, Chilk S NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES), NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20125E155 | List: |
| References | |
| FRN-57FR32691, RULE-PR-170, RULE-PR-171 AE20-2-026, AE20-2-26, NUDOCS 9212160301 | |
| Download: ML20125E327 (4) | |
Text
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JUL 2 71997 h MEMORANDUM FOR: Those on Attached List FROM: Ronald M. Scroggins Deputy Chief Financial Officer / Controller l
SUBJECT:
FINAL RULE -- 100 PERCENT FEE REC 0VERY -- FY 1992 4
On July 23, 1992, the NRC published the subject final rule in the Federal Reaister. The final rule will become effective August 24, 1992. We are enclosing an executive summary which highlights the major revisions for FY
, 1992. Questions which might arise from applicants and licensee.s should be referred to the License Fee and Debt Collection Branch.
Copies of the final rule have been provided to all branch chiefs and above in the headquarters program offices as well as the regional offices as part of-the standard distribution process for rulemaking. In addition, all NRC licensees have been mailed a copy of the final rule.
- If you or your staff have questions concerning implementation of the final
- . rule, please contact Leah Tremper on 492-8741 for questions relating to power, test and research reactors and Doug Weiss on 492-7716 for questions relating
- to materials and fuel cycle licenses.
J. /
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! LET[
Ronald M. Scroggins Deputy Chief Financial Officer / Controller
Enclosure:
-As stated e
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Summary Public Law 101-508, the Omnibus Budget Reconciliation Act of 1990, requires that the NRC recover 100 percent of its budget authority, less the 9.ppropriation from the Nuclear Waste Fund, for fiscal years 1991 through 1995 by assessing license and annual fees. For FY 1992, the NRC must collect approximately $492.5 million through these fees as compared to $445 million for FY 1991.
In order to comply with the law, the NRC has amended its fee regulations in 10 CFR Parts 170 and 171. The amendments to the fee regulations increase the fees currently charged to individuals and organizations licensed by the NRC.
The final rule does not change the basic approach, policies, and methodology used in FY 1991 for calculating the Part 170 professional hourly rate, the Part 170 specific materials licensing and inspection flat fees, and the Part 171 annual fees.
The major changes from the existing rule are:
1
- 1. Part 170:
(a) Amend 10 CFR 170.20 to change the cost per professional staff hour for all full cost . fees from $115 per hour to $123 per hour; (b) Increase all flat fees for radioisotope programs by seven percent to reflect the increased hourly rate; (c) Add additional categories of fees for export and import licenses;-
(d) Add a definition for nonprofit educational institutions.
- 2. Part 171:
(a)
~
Increase the Part 171 annual fees assessed to reactor and materials licensees. Under this final rule, annual fees. for most licenses will increase because (1) the amount that must-be recovered has increased from approximately $445 million-for FY 1991 to $492.5 million for FY 1992 and (2) fewer
-licensees are available to pay for the higher costs of regulatory activities not covered under 10 CFR Part 170.
For. example, approximately 2,000 of 9,000 materials licensees have requested that:their licensees be terminated or combined since the FY:1991-final- rule was adopted in July 1991.
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(b) For fee Category 2.A.(2), divide Class I facilities in the uranium recovery class of licensees into two classes. The additional category (Class 11) recognizes those licensees who do not generate uranium mill tailings.
(c) Add a definition for nonprofit educational institutions.
(d) Amend the exemption provisions of 171.11 to require that licensees who wish to be considered for an exemption from the annual fees file their respective exemption requests within 90 days from the effective date of the rule establishing the annual fees.
The FY 1992 annual fees in most cases have increased as compared to FY 1991.
However, those NRC licensees that can qualify as a small entity under the NRC's size standards are eligible to pay reduced annual fees. For example, a licensee with gross annual receipts of $250,000 to $3.5 million or a supporting population of 20,000 to 50,000 pay a maximum annual fee of $1,800 per licensed category. Those licensees with gross annual receipts of less than $250,000 or a supporting population of less than 20,000 pay an annual fee of $400 per licensed category.
The amounts of the annual fees, to be assessed to the major classes of NRC licensees, are summarized as follows:
e Class of licensees Range of Annual Fees Operating power reactors $3,082,000 to $3,138,000 Fuel Facilities $536,250 to $2,325,250 Uranium Recovery Facilities $58,950 to $167,650 Transportation Certificate /
Approval Holders $1,650 to $62,950 4
Materials Users $580 to $16,550 Other Licensees $55,700 to $336,150
o o .
l Addressees for Memorandum _from R. Scrocains dated JUL 2 71992 Eric S. Beckjord, Director, Office of Nuclear Regulatory Research Robert M. Bernero, Director, Office of Nuclear Material Safety and Safeguards Paul E. Bird, Director, Office of Personnel James L. Blaha, Assistant for Operations, OEDO Stephen G. Burns, Director, Office of Commission Appellate Adjudication Samuel J. Chilk, Secretary, Office of the Secretary of the Commission B. Paul Cotter, Jr., Chairman, Atomic Safety and Licensing Board Panel Gerald Cranford, Director, Office of Information Resources Management Harold R. Denton, Director, Office of International Programs Lloyd J. Donnelly, Administrator, Office of the Licensing Support System Administrator Joseph Fouchard, Director, Office of Public Affairs Ben B. Hayes, Director, Office of Investigations Edward J. Jordan, Director, Office for Analysis and Evaluation of Operational Data Carlton Kammerer, Director, Office of State Programs William B. Kerr, Director, Office of Small & Disadvantaged Business Utilization & Civil Rights James Lieberman, Director, Office of Enforcement Dade W. Moeller, Chairman, Advisory Committee on Nuclear Waste Thomas E. Murley, Director, Office of Nuclear Reactor Regulation
- Patricia G. Norry, Director, Office of Administration William C. Parler, General Counsel Dernis K. Rathbun, Director, Office of Congressional Affairs Ja'.nes H. Sniezek, Deputy Executive Director for Nuclear Reactor Regulation Regional Operations and Research, OEDO l
Michael L. Springer, Director, Office of Consolidation James M. Taylor, Executive Director for Operations, OEDO Hugh L. Thompson, Jr., Deputy Executive Director for Nuclear Materials Safety, Safeguards and Operations Support, OEDO David A. Ward, Chairman, Advisory Committee on Reactor Safeguards i David C. Williams, Inspector General Thomas T. Martin, Regional Administrator, RI Steward D. Ebneter, Regional Administrator, RII A. Bert Davis, Regional Administrator, RIII James L. Milhoan, Regional Administrator, RIV John B. Martin, Regional Administrator, RV