ML20127M142
| ML20127M142 | |
| Person / Time | |
|---|---|
| Issue date: | 11/06/1992 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | High A HIGH-WAY ENGINEERING & SURVEYING |
| Shared Package | |
| ML20127M145 | List: |
| References | |
| NUDOCS 9211300018 | |
| Download: ML20127M142 (3) | |
Text
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- H November 6, 1992 High-Way Engineering & Surveying ATTN: Art High RR #1, Box 4855A Bonners Ferry, ID 83805 Gentlemen:
I am responding to your undated letter received July 26, 1992, wherein you seek a waive of the FY 1991 and FY 1992 annual fees for License IDA-234 (Invoice AM08255-91 and AM06932-92).
As stated in 10 CFR 171.11(d), the Commission may grant a materials licensee an exemption from the annual fee only if it determines that the annual fee is not based on a fair and equitable allocation of the NRC costs. The following factors must be fulfilled as determined by the Commission for an exemption to be granted:
- 1) There are data specifically indicating that the assessment of the annual fee will result in a significantly disproportionate allocation of costs to the licensee, or class of licensee;
- 2) There is clear and convincing evidence that the budgeted generic costs attributable to the class of licensees are neither directly or indirectly related to the specific class of licensee nor explicitly allocated to the licensee by Commission policy decision; and
- 3) Any other relevant matter that the licensee believes showc that the annual fee was not based on a fair and equitable allocation of NRC costs.
The bases _for your request are: 1) you are a small company --
you are the only permanent employee; 2) ycu received about $700 in grcss fees for use of the gauge in the last two years; 3) you have tried to sell the gauge or return it to the manufacturer; 4) the manufacturer wanted $1500 refurbishment costs to take it back; and 5) you have over $6000 in the gauge and do not want to give it away, ,
i Although License No. IDA-234 expired June 30, 1991, you were notified by letter dated April 17, 1991, that effective April 26, 1991, Idaho licenses will be considered NRC licenses until they are replaced by licenses issued by the NRC. Therefore, since m V~9 9211300018 921106 PD9 STPRG ESGID PDR L NLW
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liigh-Way Engineering & Surveying p.2 License IDA-234 has not been replaced by an NRC license, nor has it been terminated, it is an NRC license and accordingly you were billed by NRC for the FY 1991 and FY 1992 annual fees.
! Based on the Commission's review of the infortuation you submitted, your request for exemption is denied. Since Invoi,e AM08255-91 remains unpaid, interest, administrative charges and i penalty have continued to accrue. The amount currently due and payable through November 20, 1992, for AM08255-91 is $1,930.14.
The amount currently due and payaole through November 20, 1992, for Invoice AM06932-92 is $2,312.56. We may be able to reduce the amount of the fees current]y due if you qualify as a small entity.
In accordance with the Regulatory Flexibility Act, the Commission considered the effect of its fee regulations on small entities.
The final rule establishing the fees for FY 1.991 reduced the impact on small entities by establishing a maximum annual fee of
$1,800 per license category for those licensees t'".at meet the size standards established by the NRC for imall entities. If you qualify for the reduced small entity fee for EY_J991, please complete NRC Form 526 (copy enclosed) and return it to NRC. You would thus be em itled to take $100 off your billed amount for Invoice AM08255-!s1.
>!.pril 17, 1992, a rule was published establishing a lower tier small entity fee limit for FY 1992 of $400 for small-businesses and non-profit or"9712ations with gross annual receipts of less than $250,000. Thus, if-you qualify as a small entity for EY' 1992 by having gross annual receipts I ss than $250,000, the annual fee will be $400. An annual fee of $1,800 is established for gross annuc1 receipts between $250,000 and $3,500,000. A copy of the certification for FY 1992 is also enclosed.
Sincerely,-
~.
wes .~#Jb ylor
- ecutive Director for Operations
Enclosures:
As stated
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PISTRIBUTION:
10 CFR 171 Exemption File FY 199' (w/ orig, inc.) -I License File IDA-234 (w/ copy inc.): l Materials Annual Fee Cortc3pondence File (w/ copy inc.)
Invoice File AMO8255-9L (w/ copy inc.) i NUDOCS (ML61) (w/ copy Inc.) l PDR l GJackson ]
DDandois EBlack DWeiss JHolloway (w/ copy inc.)
GFehst EDO 0C=92 1 0G92 2tc DAF R F LFDCB R/F (2)
LTremper (ar'd tiiis name if cancelling invoice ancor issuing refunt.)
WFisher, RIV (w/ copy inc )
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