ML20137Q760
| ML20137Q760 | |
| Person / Time | |
|---|---|
| Issue date: | 03/12/1984 |
| From: | Miller W NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Philips J NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20136D915 | List:
|
| References | |
| FRN-50FR30616, RULE-PR-35 AA73-1, NUDOCS 8509230248 | |
| Download: ML20137Q760 (2) | |
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- *%g UNITED STATES y= 4 NUCLEAR REGULATORY COMMisslON y WASHINGTON, D. C. 20555
- MAR 12 19ti4 MEMORANDUM FOR: John Philips, Chief, Rules and Procedures Branch Division of Rules and Records, ADM FROM: William 0. Miller, Chief, License Fee Management Branch, ADM
SUBJECT:
REVIEW 0F PROPOSED REVISION TO PART 35 We have reviewed the subject draft and our comments are limited to recovery of Comission's licensing costs.
- 1. 335.28 of the draft notice (page 30) contains the following statements:
"It is the sense of Congress that fees may be necessary to recover operating costs. The Comission's discussion of this topic is in 35 F.R.145, published January 6,1971." The Comission's statutory auth-ority for fees is Title V of the Independent Offices Appropriation Act of 1952 (formerly codified at 31 U.S.C. 483a). With the enactment of Title 31, U.S.C. , into positive law (Public Law 97-258, September 13, 1982, 96 Stat.1051) the law is now found at 31 U.S.C. ,19701, and in part, reads:
59701. Fees and charges for Government services and things of value.
(a) It is the sense of Congress that each service or thing of value provided by an agency (except a mixed-ownership Government corporation) to a person (except a person on official business of the United States Government) is to be self-sustaining to the extent possible.
The Comission's fee policy has been updated several times since 1971.
Based on 19701, the policy is to recover all direct and indirect costs incurred in providing special benefits to identifiable recipients.
Licensing and inspection activities have been determined by the courts to be special benefits.
- 2. The subject paper states that there is little use of the medical gen-eral license in 835.31 of Part 35. This conclusion was based on a NMSS survey which indicated that 55-60 physicians may be using the license. Waiving the application fee for the few general licensees 8509230248 850906
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John Philips mR I 2 1984 who would be required to obtain a specific license to continue their ongoing program may be justified, however, to waive fees on an "across the board" basis for license amendments and renewals, and for physi-cians who are not currently using the general license, would seem to be inconsistent with the intent of 59701 and Coninission fee policy.
The assessment of fees must be fair and this means, among other things, the assessment must be consistently applied. To provide free specific licensing services from the effective date of the revised rule forward to a select group would appear to be unfair.
L JLD\ 0 :J William 0. Miller, Chief L.icense Fee Management Branch Office of Administration
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