ML20138A886
| ML20138A886 | |
| Person / Time | |
|---|---|
| Issue date: | 10/01/1985 |
| From: | Palladino N NRC COMMISSION (OCM) |
| To: | Simpson A SENATE, ENVIRONMENT & PUBLIC WORKS |
| Shared Package | |
| ML20138A891 | List: |
| References | |
| NUDOCS 8510110119 | |
| Download: ML20138A886 (2) | |
Text
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k os ucg UNITED STATES o,
j NUCLEAR REGULATORY COMMISSION g
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October 1, 1985 CHAIRMAN The Honorable Alan K. Simpson, Chairman Subcomittee on Nuclear Regulation Comittee on Environment and Public Works United States Senate Washington. 0.C.
20510
Dear Chairman Simoson:
This responds to your letter of September 23, 1985, which requested the Ccmmission's views on oroposed legislation by the House Energy and Commerce Comittee which would require the Nuclear Regulatory Comission to assess and collect annual user fees from NRC licensees.
Our preliminary review of the proposed legislation has identified several concerns which are discussed below.
Under the proposal the Commission is to consider "the relative cost of regulating different ca'.gories of its licensees," "the impact... on research and medical treatment," " rated capacity" H the case of commercial facilities, and "other factors determined to be accropriate" in setting the annual fees.
This is a very broad legislative delegation of fee-setting authority, without any controlling standards. This kind of broad delegation resembles an authorization to levy a tax on Commission licenses, which raises a serious constitutional cuestion. See National Cable Television v. United States, 415 U.S. 336 (1974), and Federal Power Commission v. New Enciand power Ccmoany, 415 U.S. 345 (1974).
The proposed legislation also provides that the Commission shall " assess and collect annual charges from its licensees on a fiscal year basis, beginning with fiscal year 1986," and that "the amount of such charges shall be established by rule." There is always extensive public interest in any proposed fee rulemaking and a large volume of comments.
Consequently, it is reasonable to expect at least a year from the time Congress provides statutory authority to adoption and implementation of a final rule.
Therefore, NRC would not be in a position to collect fees in FY 1986.
Moreover, an annual rulemaking to assess the annual fee, if that is what the language " assess and collect annual charges" would require, would be extremely burdensome and difficult if not impossible to accomolish.
It is not clear how the agency could administer this proposed legislation for budgetary purposes.
For example, the annual charges assessed are not paid until the end of the fiscal year, and the amounts collected are to be retained by the Commission until expended. As a result of these two provisions, total funding for use by the NRC would not be known or available until the end of the fiscal year.
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Another concern is whether civil penalties are included in the phrase "other arounts collected by the Conmission" in section 2(c).
If they are included, then a serious question is presented whether the Core 11ssion should be placed in the position of financially benefiting from its own enforcement actions.
Finally, the governmental budgetary objectives sought in the proposed legislation involve broader considerations than the natters for which we are directly responsible. Accorcingly, we defer to the views of the Administration on the broader questions presented.
I would like to add the following personal observations to the Comission's letter. While i agree with most of the comments identified above, I do not agree with the implication that the proposed legislation would necessarily man a less desirable budget process than we have now; rather, I believe that the bill has the potential to provide stability to a significant portion of our budget each year.
I also want to point out that, with regard to imposing costs on the end user, the bill follows an approach which is already in use, although it is in use to a lesser extent than would be the case in the bill.
In any event, the subject is a complex one, and I would recommend that the concerns cescribed in this letter be resolved before any such legislation is ecacted.
Sincerely, 7/
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Nunzio J.
liardno Chaiman cc: Sen. Gary Hart I
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