ML20138M763

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Submits Estimate of Collections for FY97,per 960926 Request
ML20138M763
Person / Time
Issue date: 12/16/1996
From: Turdici J
NRC OFFICE OF THE CONTROLLER
To: Funches J
NRC OFFICE OF THE CONTROLLER
Shared Package
ML20138M755 List:
References
FRN-62FR8885, RULE-PR-170, RULE-PR-171 AF55-1-007, AF55-1-7, NUDOCS 9702260173
Download: ML20138M763 (55)


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pe"'%,*, G UNITED STATES g

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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 200eH001

          • / December 16, 1996 MEMORANDUM T0: Jesse L. Funches Deputy Controller Office of the Con o er FROM: James Turdici, Directo Division of Accounting and Onan e g '

Office of the Contro11

SUBJECT:

ESTIMATED FY 1997 COLLECTIONS - 10 CFR 170 Per your September 26, 1996, request, the following is our estimate of collections for FY 1997.

Facilities Proaram Licensina Inspection Total

1. Power Reactors Part 55 Operator Exams $ 4.6 $ 4.6 OLs under review .1 .1 Standard Plants 3.8 3.8 Topicals 2.5 2.5 Part 50 Amendments 15.2 15.2 Part 50 Inspections ---

53.8 53.8

$ 26.2 5 53.8 $ 80.0

2. Research Reactors * *
  • Total Facilities $ 26.2 $ 53.8 $ 80.0
  • Estimated at less than $100,000.

l 9702260173 970125 PDR ORG NECC

/"

December 16, 1996 G) i l

i J. L. Funches 4 . l Materials Procram Licensina Inspection Igigl i

1. Fuel Facilities $ 2.5 $ 2.0 $ 4.5
2. Spent Fuel Storage .7 .1 .8
3. Transportation .5 .1 .6
4. Uranium Recovery 2.3 .5 2.8 1
5. Rare Earth Facilities .4 .1 .5
6. Materials Program 1.8 -

1.8 Total Materials  ;

$ 8.2 $ 2.8 j_R.g.,

Grand Total $ 34.4 $ 56.6 $ 91.0 Distribution
Ra e O*cr e v o L. Tremper, OC/DAF/LFARS/ARS 4 OC/DAF/LFARB RF 9 /.a m ,. < m
OC/DAF RF (DAF 6-201) E# # *"'Z # I" #88 #3 # 8 d
  • DC/DAF SF (LF-3.1) i 8 pov i e x owr ua.en,a e
4 S O ms,m DOCUMENT NAMES: R:\ NAMES \ WEISS \DAF5244 me . .r m - me m m. w e-c.m m w r-c. m w * - m .w. '

0FFICE OC/DAF/LFAA8/LFS g DC/DAF/LFAR8/LFS C OC/DAF/LFAR8 Q DC/DAF h

GME DWetes L3ackson 08Dandoi b JTurdici I BATE 12/f/96 l

12/h/96 12/1/96 12//k/96 OFFICIAL utu um (IllT

' Does not include projected billings for USEC and LES, import and export licenses or any new low-level waste site applications.

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APPENDIX A TO THIS PROPOSED RULE REGULATORY FLEXIBILITY ANALYSIS FOR THE 4

AMENDMENTS TO 10 CFR PART 170 (LICENSE FEES) AND 10 CFR PART 171 (ANNUAL FEES) f 4 i 5 ~

I. Backaround.

i The Regulatory Flexibility Act of 1980, as amended,  ;

(5 U.S.C. 601 et seq.) establishes as a principle of regulatory practice that agencies endeavor to fit regulatory and informational requirements, consistent with applicable statutes, to a scale commensurate with the businesses, organizations, and l

government jurisdictions to which they apply. To achieve this principle, the Act requires that agencies consider the impact of their actions on small entities. If the agency cannot certify l that a rule will not significantly impact a substantial number of small entities, then a regulatory flexibility analysis is required to examine the impacts on small entities and the alternatives to minimize these impacts.

To assist in considering these impacts under the Regulatory Flexibility Act (RFA), first the NRC adopted size standards for determining which NRC licensees qualify as small entities (50 FR 50241; December 9, 1985). These size standards were clarified November 6, 1991 (56 FR 56672). On April 7, 1994 (59 FR 16513),

the small Business Administration (SBA) issued a final rule i 94

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changing its size standards. The SBA adjusted its receipts-based

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size standards levels to mitigate the effects of inflation from

, 1984 to 1994. On November 30, 1994 (59 FR 61293), the NRC

published a proposed rule to amend its size standards. After evaluating the two comments received, a final rule that would revise the NRC's size standards as proposed was developed and approved by the SBA on March 24, 1995. The NRC published the i

! final rule revising its size standards on April 11, 1995 (60 FR 18344). The revised standards became effective May 11, 1995.

The revised standards adjusted the NRC receipts-based size standards from $3.5 million to $5 million to accommodate inflation and to conform to the SBA final rule. The NRC also eliminated the separate $1 million size standard for private j practice physicians and applied a receipts-based size standard of

$5 million to this class of licensees. This mirrored the revised SBA standard of $5 million for medical practitioners. The NRC also established a size standard of 500 or fewer employees for business concerns that are manufacturing entities. This standard is the most commonly used SBA employee standard and is the standard applicable to the types of manufacturing industries that hold an NRC license.

The NRC used the revised standards in the final FY 1995 and FY 1996 fee rules and proposes to continue their use in this FY 1997 proposed rule. The small entity fee categories in 5171.16(c) of this proposed rule reflect the changes in the NRC's 95

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O O l size standards adopted in FY 1995. A new maximum small entity I

, fee for manufacturing industr.ies with 35 to 500 employees was.

established at $1,800 and a acwer-tier small entity fee of $400 was established for those manufacturing industries with less than 35 employees. T1.e lower-tier receipts-based threshold of

$250,000 was raised to $350,000 to reflect approximately the same percentage adjustment as that made by the sBA when they adjusted the receipts-based standard from $3.5 million to $5 million. The NRC believes that continuing these actions for FY 1997 will reduce the impact of annual fees on small businesses. The NRC l

size standards are codified at 10 CFR 2.810.

Public Law 101-508, the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), requires that the NRC recover approximately 100 percent of its budget authority, less appropriations from the Nuclear Waste Fund, for Fiscal Years (FY) 1991 through 1995 by assessing license and annual fees. OBRA-90 was amended in 1993 to extend the 100 percent recovery requirement for NRC through 1998. For FY 1991, the amount for collection was approximately l 1

$445.3 million; for FY 1992, approximately $492.5 million; for FY 1993 about $518.9 million; for FY 1994 about $513 million; for FY 1995 about $503.6 million; for FY 1996 about $462.3 million and the amount to be collected in FY 1997 is approximately $462.3 l million.

To comply with OBRA-90, the Commission amended its fee 96

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{ regulations in 10 CFR Parts 170 and 171 in FY 1991 (56 FR 31472; July 10, 1991) in FY 1992, (57 FR 32691; July 23, 1992) in FY l 1993 (58 FR 38666; July 20, 1993) in FY 1994 (59 FR 36895; July 1

1 20, 1994) in FY 1995 (60 FR 32218; June 20, 1995) and in FY 1996 i

(61 FR 16203) based on a careful evaluation of over 1,000 l

j comments. These, final rules established the methodology used by NRC in identifying and determining the fees assessed and

. collected in FYs 1991-1996.

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The NRC indicated in the FY 1995 final rule that it would attempt to stabilize annual fees as follows. Beginning in FY I

1996, it would adjust the annual fees only by the percentage change (plus or minus) in NRC's total budget authority unless i

there was a substantial change in the total NRC budget authority

or the magnitude of the budget allocated to a specific class of licensees, in which case the annual fee base would be d

recalculated (60 FR 32225;. June 20, 1995). The NRC also i

indicated that the percentage change would be adjusted based on j changes in the 10 CFR Part 170 fees and other adjustments as well Has an adjustment for the number of licensees paying the fees. As a result, the NRC is proposing to establish the FY 1997 annual fees for all licensees at 8.2 percent above the FY 1996 annual fees. Because the total amount to be recovered through fees in

l FY 1997 is identical to the amount estimated for recovery in FY

] 1996, the NRC believes that establishing new baseline fees for FY j 1997 is not warranted.

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Public Law 104-121, the Contract with America Advancement Act of 1996 was signed into law on March 29, 1996. Title III of the law is entitled the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) . The SBREFA has two purposes. The l first is to reduce regulatory burdens imposed by Federal agencies on small businesses, nonprofit organizations and governmental jurisdictions. The second is to provide the Congress with the i

opportunity to review agency rules before they go into effect.

Under.this legislation, the NRC fee rule, published annually, is '

considered a " major" rule and therefore must be reviewed by Congress and the Comptroller General before the rule becomes effective. Section 312 of the Act provides that for each rule for which an agency prepared a final regulatory flexibility analysis, the agency shall prepare a guide to assist small entities in complying with the rule. A regulatory flexibility analysis is prepared for the proposed.and final NRC fee rules as implemented by 10 CFR Part 170 and~171 of the Commission's regulations. Therefore, in compliance with the law, Attachment 1 to this Regulatory Flexibility Analysis is the small entity compliance guide for FY 1997.

II. Imoact on small entities.

'The comments received on the proposed FY 1991-1996 fee rule revisions and the small entity certifications received in response to the final FY 1991-1996 fee rules indicate that NRC 98

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4 licensees qualifying as small entities under the NRC's size standards are primarily those licensed under the NRC's materials program. Therefore, this analysis will focus on the economic impact of the annual fees on materials licensees.

The Commission's fee regulations result in substantial fees being charged to those individuals, organizations, and companies that are licensed under the NRC materials program. Of these materials licensees, about 20 percent (approximately 1,400 licensees) have requested small entity certification in the past.

In FY 1993, the NRC conducted a survey of its materials licensees. The results of this survey indicated that about 25 percent of these licensees could qualify as small entities under the current NRC size standards.  !

The commenters on the FY 1991-1994 proposed fee rules indicated the following results if the proposed annual fees were not modified:

Large firms would gain an unfair competitive advantage over small entities. One commenter noted that a small well-logging company (a " Mom and Pop" type of operation) would find it difficult to absorb the annual fee, while a large corporation would find it easier.

Another commenter noted that the fee increase could be more easily absorbed by a high-volume nuclear medicine 99

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clinic. A gauge licensee noted that, in the very competitive soils testing market, the annual fees would  !

put it at an extreme' disadvantage with its much larger competitors because the proposed fees would be the same for a two-person licensee as for a large firm with j i

. thousands of employees. <

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4 Some firms would be forced to cancel their licenses. I

One commenter, with receipts of less.than $500,000 per '

i year, stated that the proposed rule would, in effect, force it to relinquish its soil density gauge and )

i license, thereby reducing its ability to do its work effectively. Another commenter noted that the rule l

would force the company and many other small businesses to get rid of the materials license altogether.

Commenters stated that the proposed rule would result in about 10 percent of the well-logging licensees terminating their licenses immediately and approximately 25 percent terminating their licenses before the next annual assessment.

Some companies would go out of business. One commenter )

noted that the proposal would put it, and several other small companies, out of business or, at the very least, l make it hard to survive.

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t Some companies would have budget problems. Many medical licensees commented that, in these times of 4

slashed reimbursements, the proposed increase of the e

! existing fees and the introduction of additional fees 4

would significantly affect their budgets. Another noted that, in view of the cuts by Medicare and other third party carriers, the fees would produce a hardship and some facilities would experience a great deal of difficulty in meeting this additional burden.

Over the past five years, approximately 2,900 license, approval, .nd registration terminations have been requested.

Although some of these terminations were requested because the

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-license was no longer needed or licenses or registrations could be combined, indications are that other termination requests were due to the economic impact of the fees.

The NRC continues to receive written and oral comments from i

small materials licensees. These commenters previously indicated that the $3.5 million threshold for small entities was not representative of small businesses with gross receipts in the thousands of dollars. These commenters believe that the $1,800 maximum annual fee represents a relatively high percentage of gross annual receipts for these " Mom and Pop" type businesses.

Therefore, even the reduced annual fee could have a significant impact on the ability of these types of businesses to continue to l

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operate.

To alleviate the continuing significant impact of the annual fees on a substantial number of small entities, the NRC considered alternatives, in accordance with the RFA. These I

alternatives were evaluated in the FY 1991 rule (56 FR 31472; July 10, 1991) in the FY 1992 rule (57 FR 32691; July 23, 1992),

in the FY 1993 rule (58 FR 38666; July 20, 1993); in the FY 1994 rule (59 FR 36895; July 20, 1994); in the FY 1995 rule (60 FR 32218; June 20, 1995) and in the FY 1996 rule (61 FR 16203; April 12, 1996). The alternatives considered by the NRC can be summarized as follows.

I Base fees on some measure of the amount of radioactivity possessed by the licensee (e.g., number of sources).

Base fees on the frequency of use of the licensed radioactive material (e.g. , volume of patients) .

Base fees on the NRC size standards for small entities, f

The NRC has reexamined the FY 1991-1996 evaluations of the these alternatives. Based on that reexamination, the NRC continues to believe that establishment of a maximum fee for small entities is the most appropriate option to reduce the 102

_ ,) r impact on small entities.

i l The NRC established, and is proposing to continue for FY 1997, a maximum annual fee for small entities. The RFA and its l

l implementing guidance do not provide specific guidelines on what i constitutes a significant economic impact on a small entity.

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f. Therefore, the NRC has no benchmark to assist it in determining '
the amount or the percent of gross receipts that should be i

charged to a small entity. For FY 1997, the NRC will rely on the 1

j analysis previously completed that established a maximum annual i fee for a small entity and the amount of costs that must be i recovered from other NRC licensees as a result of establishing f the maximum annual fees.

! The NRC continues to believe that the 10 CFR Part 170 license fees (application and amendment), or any adjustments to these licensing fees during the past year, do not have a 4 significant impact on small entities. In issuing this proposed rule for FY 1997, the NRC concludes that the 10 CFR Part 170 1

materials license fees do not have a significant impact on a l

! substantial number of small entities and that the 10 CFR Part 171 maximum annual small entity fee of $1,800 be continued.

1 l By maintaining the maximum annual fee for small entities at  !

l $1,800, the annual fee for many small entities is reduced while f at the same time materials licensees, including small entities, 103

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pay for most of the FY 1997 costs attributable to them. The costs not recovered from small entities are allocated to other materials licensees and to operating power reactors. However, l the amount that must be recovered from other licensees as a i result of maintaining the maximum annual fee is not expected to increase significantly. Therefore, the NRC is continuing, for FY 1997, the maximum annual fee (base annual fee plus surcharge) for certain small entities at $1,800 for each fee category covered by each license issued to a small entity.

While reducing the impact on many small entities, the commission agrees that the maximum annual fee of $1,800 for small  ;

1 entities, when added to the Part 170 license fees, may continue  !

to have a significant impact on materials licensees with annual gross receipts in the thousands of dollars. Therefore, as in FY 1992-1996, the NRC is proposing to continue the lower-tier small entity annual fee of $400 for small entities with relatively low gross annual receipts. The lower-tier small entity fee of $400 also applies to manufacturing concerns, and educational institutions not State or publicly supported, with less than 35 employees. This lower-tier small entity fee was first established in the final rule published in the Federal Register on April 17, 1992 (57 FR 13625) and now includes manufacturing companies with a relatively small number of employees.

I III. Summarv.

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v bD The NRC has determined the 10 CFR Part 171 annual fees significantly impacts a substantial number of small entities. A maximum fee for small entities strikes a balance between the requirement to collect 100 percent of the NRC budget and the requirement to consider means of reducing the' impact of the fee on small entities. On the basis of its regulatory flexibility analyses, the NRC concludes that a maximum annual fee of $1,800 for small entities and a lower-tier small entity annual fee of

$400 for small businesses and not-for-profit organizations with gross annual receipts of less than $350,000, small governmental jurisdictions with a population of less than 20,000, small manufacturing entities that have less than 35 employees and educational institutions that are not State or publicly supported and have less than 35 employees reduces the impact on small entities. At the same time, these reduced annual fees are consistent with the objectives of OBRA-90. Thus, the proposed 1 fees for small entities maintain a balance between the objectives of OBRA-90 and the RFA. Therefore, the analysis and conclusions established in the FY 1991-1996 rules remain valid for this proposed rule for FY 1997. In compliance with Public Law 104-121, a small entity compliance guide has been prepared by NRC and is shown as Attachment 1 to this Regulatory Flexibility Analysis. l 105

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ATTACHMENT 1 TO APPENDIX A l l

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U. S. Nuclear Regulatory Commission l Small Entity Compliance Guide l

i Fiscal Year 1997 s

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Contents

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2AS.t i

d Introduction . . . . . . . . . . . . . . . . . . . .2

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i j NRC Definition of Small. Entity.. . . . . . . . . . .3 4

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. t j NRC Small Entity Fees . . . . . . . . . . . . . . . 4  ;

Instructions for Completing NRC Form 526 . . . . . 5 1

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t 1 i Introduction i

The Small Business Regulatory Enforcement Fairness Act of 1996 i (SBREFA) requires all Federal agencies to prepare a written guide q for each " major" final action as defined by the Act. The NRC's i

fee rule published annually to comply with the Omnibus Budget I

[ Reconciliation Act of 1990 (OBRA-90) which requires the NRC to j

collect approximately 100 percent of its budget authority each year through fees meets the thresholds for being considered

" major" under the SBREFA. Therefore, in compliance with the law, i this small entity compliance guide has been prepared for FY 1997.  !

, The purpose of this guide is to assist small entities in complying with the NRC fee rule.

i This guide is designed to aid NRC materials licensees. The j information provided in this guide may be used by licensees to j determine whetner they qualify as a small entity under NRC regulations and are therefore eligible to pay reduced FY 1997 annual fees assessed under 10 CFR Part 171. Licensees who meet NRC's size standards for a small entity must complete NRC Form-526 in order to qualify for the reduced annual fee. NRC Form 526 will accompany each annual fee invoice mailed to materials licensees. The completed form, along with the appropriate small entity fee payment copy of the invoice, should be mailed to the U.S. Nuclear Regulatory Commission, License Fee and Accounts Receivable Branch, P.O. Box 954514, St. Louis, MO 63195-4514.

The NRC, in compliance with'the Regulatory Flexibility Act of 1980 (RFA), has established separate annual fees.for those  ;

materials licensees who meet the NRC's size standards for small entities. These size standards, developed in consultation with the Small Business Administration, were revised by the NRC effective May 11, 1995. The small entity size standards are found in 10 CFR 2.810 of the NRC's regulations. To comply with the RFA, the NRC has established two tiers of small entity fees.

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O O These fees are found in 10 CFR 171.16 (c) of the fee regulations.

NRC Definition of Small Entity The NRC has defined small entity in consultation with the Small

! Business Administration. The definition is codified in NRC's regulations at 10 CFR 2.810. Under the NRC regulation, small j entities are:

1. Small business - a for-profit concern that i

provides a service or a concern not engaged in manufacturing with average gross receipts of $5 million or less over its last 3 completed fiscal years;

2. Manufacturing industry - a manufacturing concern with an average number of 500 or fewer employees based upon employment during each pay period for ,
the preceding 12 calendar months; i

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3. Small organization - a not-for-profit organization which is independently owned and operated and has annual gross receipts of $5 million or less;
4. Small governmental jurisdiction - a government of a city, county, town, township, village, school district or special district with a population of less than 50,000;
5. Small educational institution - an educational institution supported by a qualifying small governmental jurisdiction, or one that is not state or publicly supported and has 500 or fewer 3

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NRC Small Entity Fees I i

The NRC has established two tiers of small entity fees for I l licensees that qualify under the NRC's size standards.

Currently, these fees are as follows:

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. Small Business Not Enanced Maximum Annual Fee in Manufacturina and Small Per Licensed Not-For Profit Orcanizations Catecorv (Gross Annual Recelets)

$350,000 to $5 million $1,800 Less than $350,000 $400 I

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Manufacturina entities that j have an averace of 500 emolovees or less j 35 to 500 employees $1,800 1

Less than 35 employees $400 Small Governmental Jurisdictions (Includina oublicly succorted educational institutions) 2 An educational institution referred to in the size

' standards is an entity whose primary function is education, whose programs are accredited by a nationally recognized accrediting agency or association, who is legally authorized to provide a program of organized instruction or study, who provides an

, educational program for which it awards academic degrees, and 4

whose educational programs are available to the public.

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t O O (Pooulation) l 20,000 to 50,000 $1,800 Less than 20,000 $400 Educational Institutions that are not State or Publiclv Suonorted, and have 500 Rmnlovees ,

or Less 35 to 500 employees $1,800 Less than 35 employees $400 To pay a reduced annual fee, a licensee must use NRC Form 526, enclosed with the fee bill, to certify that it meets NRC's size standards for a small entity. About 1,400 licensees certify each year that they qualify as a small entity under the NRC size standards and pay a reduced annual fee. Approximately 900 licensees pay the small entity fee of $1,800 while 500 licensees pay the lower-tier small entity fee of $400.

Instructions for comoletina NRC Form 526

1. File a separate NRC Form 526 for each annual fee invoice received.
2. Complete all items on NRC Form 526 as follows:
a. The license number and invoice number must be entered exactly as they appear on the annual fee invoice.
b. The Standard Industrial Classification (SIC) Code should be entered if it is known.

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c. The licensee's name and address must be entered as they appear on the invoice. Name and/or address changes for billing purposes must be annotated on the invoice.

, Correcting the name and/or address on NRC Form 526 or on the invoice does not constitute a request to amend the license. Any request to amend a license are to be l submitted to the respective licensing staffs in the NRC Regiona ~l or Headquarters Offices.

d. Check the appropriate size standard under which the licensee qualifies as a small entity. Check one box only. Note the following:

(1) The size standards apply to the licensee, not the individual authorized users listed in the license.

(2) Gross annual receipts as used in the size standards includes all revenue in whatever form j received or accrued from whatever sources, not  !

solely receipts from licensed activities.

(3) A licensee who is a subsidiary of a large entity does not qualify as a small entity.

(4) The owner of the entity, or an official empowered to act on behalf of the entity, must sign and date the small entity certification.

3. The NRC sends invoices to its licensees for the full annual fee, even though some entities qualify for reduced fees as a small entity. Licensees who qualify as a small entity and '

file NRC Form 526, which certifies eligibility for small entity fees may pay the reduced fee, which for a full year is either $1,800 or $400, for each fee category shown on the invoice depending on the size of the entity. Licensees 6

granted a license during the first six months of the fiscal l year and licensees who file for termination or for a

possession only license and permanently cease licensed

, activities during the first six months of the fiscal year 4

pay only 50 percent-of the annual fee for that year. Such j an invoice states the " Amount Billed Represents 50%

i Proration." This means the amount due from a small entity is not the prorated amount shown on the invoice but rather one-l half of the maximum annual fee shown on NRC Form 526 for the

{ size standard under which the licensee qualifies resulting l in a fee of (either $900 or $200) for each fee category j billed instead of the full annual fee of $1,800 or $400.

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4. A new small entity form is required to be filed with the NRC each fiscal year in order to qualify for reduced fees for that fiscal year. Because a licensee's " size," or the size standards, may change from year to year, the invoice reflects the full fee and a new. form must be completed and returned for the fee to be reduced to the small entity fee.

LICENSEES WILL NOT BE ISSUED A NEW INVOICE FOR THE REDUCED AMOUNT. The completed form, the payment of the appropriate small entity fee, and the " Payment Copy " of the invoice should be mailed to the U.S. Nuclear Regulatory Commission, License Fee and Accounts Receivable Branch, P.O. Box 954514, St Louis, MO 63195-4514.

5. Questions regarding fee bills may be posed orally or in writing. Please call the licensing fee staff at 301-415-7554 or write to the U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Office of the Chief Financial Officer, j i

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PROGRAM

SUMMARY

"**'e Sm1 BY FUNCTION FY 1997 1998 Date Printed: 9,12/96 8:31:31 AM (Dollars in Thousands, Staff Y6ars in Full.Tirne Equitavents) Data as of: 09/03/96 08:00:00 FY 1998 FY 1999 AGENCY FY 1996 FY 1997 Den pro,n RECOMME ND ATION D r,o,n

COST CENTERS '"*** **"*"' '"*** *""*"' '"'*"' ""' *"***'*"' # ""'

REACTOR REACTOR REGULATION 1

Staff Total 1,604.0 1,607.0 1,806.0 1,604.0 -1.0 1,603.0 1,603.0 0.0 HQ 911,0 914.0 921.0 917.0 16.0 933.0 -933.0 0.0  ;

REG 693 0 693.0 685.0 687.0 17.0 670.0 -670.0 0.0  !

I Contract Support 68,464 79,233 67,874 69,441 -2,241 67,200 -67,200 0  !

Tr: vel 9.809 10.284 9.572 9,251 9,460 4 209 -9,460 0 CS and TM Subtotal: 78,273 89,517 77,446 78,692 -2,032 76,660 76,660 0

Satry/ Benefits Total 36,047 135,323 143,690 147,799 6,435 164,234 154,234 0 '

HQ 80.829 81,105 86,421 88.627 5,337 93,964 -93.964 0 REG 54,218 54.218 57,269 59,172 1,098 60,270 -60.270 0 Dollar Total: 213,320 224,840 221,136 226,491 4,403 230,894

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230,894 0  ;

> l STANDARD REACTOR DESIGNS Staff Total 121.0 121.0 86.0 61.0 39.0 22.0 22.0 0.0 4

HQ 121.0 121.0 86.0 61.0 39.0 22.0 -22.0 0.0 Contract Support 9.265 11,661 6,073 4,486 -3.310 1,176 1,176 0 Travel 335 335 380 230

-5 225 -225 0

, CS and TM Subtotal: 9,600 t i,0,6 6,463 4,716 3,316 1,401 1,401 0 Salary / Benefits Total 10,637 10,637 7,982 6,839 3,648 2,191 2,191 0 HQ 10.637 10,637 7,982 5,839 -3,648 2,191

-2,191 0 Dolder Total: 20,237 22,633 14,436 10,555 6,963 3,692 3,592 0 TEST AND RESEARCH REACTORS Staff Total 20.0 20.0 20.0 20.0 1

4.0 24.0 -24.0 0.0 HQ 15 0 15.0 15.0 15.0 4.0 19.0 -19.0 0.0

REG 5.0 5.0 5.0 5.0 0.0 5.0 -5.0 0.0 Contract Support 354 354 280 280 0 280 -280 0 Travel 142 143 104 106 4 1 -105 0 CS and TM Sublotal
497 497 384 386 1 3s5 -385 0 Salary / Benefits Total 1,709 1,709 1,811 1,866 479 2,346 2,345 0
HQ 1,318 1,318 1,393 1,435 460 1,895 -1,895 0 REG 391 391 418 431 19 450 4 50 0 Dollar Total
2,206 2,206 2,196 2,252 478 2,730 2,730 0 Notes 1) 1997 Dona between FY 97 and FY 96 Esternate 2)1998 DeMa between FY 98 and FY 97 Page 1 FY 1998 BLUE BOOK

O D PROGRAM

SUMMARY

(

l gy pggg (

R6; oft: SUM 41 9112/96 6:31:31 AM Date Printed:

FY 1997 - 1998 09/03/96 08:00:00 Data as of:

(Donrs m ThoustMs. Staff Years m Full Time Equilavents)

Fy 1998 FY 1999 f

Fy 19e7 REC OMMEND ATION D,o r,om ,

ry 1996 De. F,,,n '

Munt Munt AGENCY cant snuse cant vnaaur Suoeenur nneesee COST CENTERS _

)

REACTOR Subtotal 1,649.0 1,649 0 0, 1,712,0 1,685.0 36.0 Total 1,746.0 1,746.0 0 Staff 19.0 974 0 -974.0 3 1,047.0 1,050 0 1,022 0 993.0  !

HQ -17,0 675 0 -675 0 0 6980 690.0 692.0 REG 698 0 -68,656 0 74,207 5,551 68,656 78,083 91,248 74,227 Contract Support -9,790 0 9,587 Vf 203 9,790 10,287 10,762 10,056 Travel 78,446 0 83,794 6,348 78,446 88,370 84*283 CS and Trvl Subtotal 102.010 158,770 158,770 0 153,483 156,504 3,266 147,393 147,669 -98,050 0 Salary /Benere Total 2,149 98.050 92,784 93,060 95.796 95.901 HQ 60,720 -60,720 0 57,687 59,603 1,117 REG 54.603 54,609 I

i 2,082 237,216 237,216 249,679 237,766 239,298 l 235,763 Dollar Total:

l I

l f

f Notes- 1) 1997 Delta berwoon FY 97 and FY 96 Eshmate FY 1998 BLUE E 2)1998 Celta between Ff 96 and FY 97 Page 2

c

( -

/

PROGRAM

SUMMARY

'""**i GY FUNCTION De Pned; 9/1246 8:31:31 Ahl FY 1997 1998 08/0346 08:00:00 Data as of:

(Donors m Thousands. Staff Years m Full. Time Equnavents) l i

FY 1998 FY 1999 ry 3 ,,7 RECOMMEND ATION py ,,,, o.= r,om o.= rrom

~""' ~ "~

AGENCY ***** '""*"' '"*** *""*"'

~*" *"***'"'

COST CENTERS

\

NUCLEAR ntATERIALS AND NUCLEAR WASTE i

l FUEL FACILITIES 0.0

-3.0 117.0 117.0 108.0 121.0 120.0 Staff Total 108.0 3.0 90 0 -90 0 00 81.0 95 0 93 0 HQ 81.0 00 27.0 -27.0 00 27,0 27.0 26 0 27.0

! REG 3,580 3,580 0 4,015 3,515 65 Contract Support 1,380 1,412 404 -404 0 410 404 0 455 455 '

Travel 3,984 0 3,919 66 3,984 1,836 1,867 4,426 l CS and Trvi Subfotal. 0 160 11,006 11,006 8,892 10,601 10,846 Salary /Benefrts Totst 8,892 B,576 -8,576 0 8,425 8,520 56 HQ 6,780 6,780 0 104 2,429 2,429 2,112 2,176 2,325 REG 2,112 14,989 14,989 0 16,026 14,764 226 10,72? 10,769 Do#ar Total:

HIGH-LEVEL WASTE f 0.0 44.0 -44.0 43.0 43.0 43.0 ' 43.0 1.0 Staff Total 44 0 -44.0 0.0 [

43 0 43.0 1.0 HQ 43.0 43 0 12,941 -12,941 0 6,841 5 6,100 7,164 10,314 9.837 Contract Support

  1. 241 241 0 218 241 0 256 271 .

Travel 13,182 0 10,685 10,066 I 7,082 I 8,100 13,182 7,420 CS and TM Subfotal: 0 100 3,818 3,818 4,131 3,946 3,918 Salary / Benefits Total 3,680 3,818 3,818 0 l 100 3,580 4,131 3,945 3.918 HQ 17,000 17,000 0 14,000 11,000 6,000 11,000 14,716 Doffer Totaf:

g LOW-LEVEL WASTE & DEcotstAISSIONING 0,0 4.0 110.0 -110.0 116.0 116.0 116.0 Staff Total 116.0 86.0 46.0 0.0 89 0 90.0 -4.0 HQ 88.0 88.0 24.0 00 25.0 -1.0 24.0 REG 27.0 27.0 27.0 6,891 318 6,573 4,573 0 7,310 9,232 5.685 l Contract Support 388 -388 0 428 388 0 435 452 Travel 4,981 0 7,279 -318 6,981 7,746 9,684 5,113 CS and Trvf Subtoraf: 0 20 10,444 10,466 9,602 10,264 10,486 Salary / Benefits Total 9,692 8,307 4,307 0 8,006 8,334 -27 HQ 7,483 7,483 0 2,159 2,159 f 2,109 2,109 2,258 2,152 7 REG 17,427 17,427 0 16,377 17,766 -338 17,337 19,276 Donar Totel:

i teones 1) 1997 Delta between FY 97 and FY 96 Eshmate FY 1998 BLUE B 2)1998 Delta between FY es and FY 97 Page 3

Q O

. Repom Sum 41 Q PROGRAM

SUMMARY

CY FUNCTION C/

Date Printed: t/12/96 8:31:31 AM I

FY 1997 - 1998 09/03/98 08:00:00 Data es of.

l l

(Dolism m Thousands. Staff Years m Futi.Trne Eowlavents)

FY 1998 FY 1999 f

FY 1997 REC OMMEND ATION Den r,o,n FY 1996 De= r,o,n Mount l **unt suceetYur

! AGENCY ****'****"*"t tuetae cunent Pnor Yur COST CENTERS l

esATERIALS USERS 0.0 l 4.0 238.0 238.0 258.0 249.0 242.0 Staff Total 258.0 1.0 121.0 121.0 00 128.0 128 0 122.0 HQ 128 0 117.0 117.0 00 121.0 120.0 30 REG 130 0 130 0 6,632 4,632 0 7,592 5,739 893 6,010 6,343 Contract Support 1,539 1,539 0 1,294 1,469 70 1,226 1,349 Travet -8,171 0 7,208 963 8,171 7,236 7,692 8,886 CS and Tivl Subtotal: -22,204 0 21,826 578 22,204 21,032 21,032 21,613 0 Salary / Benefits Total 11,679 -11,679 11,498 11,290 389 HQ 10.861 10.861 -10,525 0 10,336 189 10.525 10,171 10,171 10,115 RFG 30,375 30,375 0 30,499 28,834 1,541 28,268 28,724 Doller Total:

OTHERNUCLEARMATERIALS ANDWASTE ACTIVITIES 46.0 0.0 70.0 4.0 66.0 ,

67.0 64,0 68.0 00 Staff Total 50.0 -50 0 54.0 -4 0 HQ $2 0 49.0 52.0 0.0 00 16 0 16.0 15 0 16 0 16 0 REG 15 0 472 -472 0 724 834 362 714 1,400 Contract Support 0 10 239 239 256 273 249 Travel 256 711 711 0 997 1,083 372 870 1,868 CS and Trvt Subrotal- 4,504 0 8,655 151 6,504 5,868 6.591 6,305 0 Salary / Benefits Total 5,065 5,065 4,968 5,276 211 HQ 4,694 4,417 1,439 0 1,379 60 1,439 1,174 1,174 1,337 REG 7,215 7,215 0 7,302 7,738 4 23 6,838 7,247 Doller Total:

NUCLEAR MATERIALS AND NUCLEAR WASTE Subtotal 15.0 575,0 475.0 0, s97,0 s90.0 Staff Total s91.0 Sa8.0 f 402.0 11.0 391.0 391.0 0.

392.0 389 0 407.0 0.

HQ 40 184 0 184.0

' 190.0 188.0 REG 1990 199.0 0 6,378 30,198 30,198 23,820 22,578 28,701 27,853g Contract Support Y 2,811 2,811 0 2,623 2,751 60 2,628 2.783 Travel 4 3,009 0 6,4 % 33,000 25,206

,476 / 26,571 CS and Trvl Subtotal: 33,434 l 53,997 4 3,997 0 52,728 53,530 467 48,964 49,238 37,445 0 Salary / Benefits Total 37,338 107 37,445 33,398 33.672 36,842 0 HQ 16,552 16,552 15,886 16,192 360 REG 15,566 15,566 87,006 4 7,006 l

74,170 80,722 83,204 80.101 ( 6,906

! Dollar Total:

Notes 1) 1997 Delta betweers FY 97 and FY 96 Estrrnate FY 1998 BLUE B 1 2)1998 Detta between FY 96 and FY 97 Page 4

- C PROGRAM

SUMMARY

( l

  • "*, rt: suu41 BY FUNCTION Data Printed: 9/12/94 8:31:31 AM l FY 1997 1998 09/03/94 04:00:00 Data se of: l (Douars m Thousanos stati Years m rulLTime Equdsvents) n 1998 n ,999 l RECOMMEND ATION FY 1996 FY 1997 oeu rrom oena rrom

~""' #*""'

AGENCY *""*"' '"""' * * " '

l COST CENTERS MANAGEMENT AND SUPPORT i

l POLICY AND DIRECTION 1 181.0 0.0 t 183.0 2.0 181.0 177.0 177.0 177.0 0.0 Staff Total -2.0 177.0 177.0 173 0 1790 HQ 173 0 173 0 0.0 4.0 -4 0 00 40 4.0 REG 40 4.0 449 -449 0 434 15 1,056 1,206 771 Contract Support 0 489 -489 532 486 6 489' O Travel 532 938 938 0 1,267 ' 923 15 1,688 1,738 CS and Trvi Subtotal. 18,461 0 17,916 646 18,461 16,866 16,866 16,810 0 Salary / Benefits Total 17,570 531 18,101 18.101 HQ 15.553 15,553 16.476 0 15 360 -360 334 345 REG 313 313 19,399 19,399 0 661 17,454 17,604 18,067 18,838 {

Dollar Total:

)

RESOURCE ADMINISTRATION 466.0 0.0 479.0 14.0 466.0 613.0 613.0 604.0 00 Staff Total 14.0 465.0 -465 0 504 0 479.0 HQ 513.0 513.0 0.0 0.0 00 00 00 00 0.0 REG 0.0 88,870 -88,870 0 88,462 87,532 1,338 Contract Support 93,724 112.558 260 -260 0 276 282 22 382 433 Travel 89,130 89,130 0 88,738 87,814 1,316 94,106 112,991 CS and TrviSubtotal: -36,078 0 f 36,667 411 34,078 34,974 36,384 Salary / Benefits Total 34,974 411 36,078 36,078 0 j 36,384 35,667 HQ 34,974 34,974 0 0 0 0 0 0 0 0 l REG k 125,208 126,206 0 l 126,122 123,481 1,727 129,080 147,966 Donar Total:

(

Notes. 1) 1997 Dona between FY 97 and FY 96 Esternate FY 1998 BLUE B 2)1996 Dona between FY 96 and FY 97 Page 5

PROGRAM

SUMMARY

v )

. R.pon Sm1 BY FUNCTION 9/1246 B:31:31 m De Printed:

FY 1997 1998 094 3/96 08:00:00 Data as of:

(Dollars m Thousands. Staff Years in Fult. Time Equitsvents)

FY 1998 FY 1999 FY 1997 RECO MMEN D ATION FY 1996 Deu r,o,n Detta r,o,o

~""' ^~""'

AGENCY '"*** *""*"' '"*** **"*"'

COST CENTERS

\

SPECIAL TECHNICAL PROGRABAS 78.0 78.0 0.0 87.0 81.0 3.0 Total 90.0 90.0 0.0 Staff 3.0 68.0 -68.0 79.0 77.0 71.0 HQ 79.0 -10 0 0.0 10.0 00 10.0 REG 11.0 11.0 10.0 1,970 1,970 0 3,579 2,941 2.226 7 -256 Contract Support 2,979 510 0 622 622 509 ,

488 V 22 510 Travel 2,480 2,480 0 4,201 3,450 2,714 , 234 CS and 7tvl Subrotal: 3,601 7,391 7,391 0 7,526 7,691 7,368 23 Salary / Benefits Total 7,626 -6,491 0 6.507 16 6.491 Ho 6,666 6.666 6.855 900 -900 0 836 861 39 REO 860 860 9,871 -9,871 0 11,141 10,082 211 11,127 11,727 Dollar Total:

1 CANAGEMENT AND SUPPORT Subtotal -724.0 0.

743.0 19.0 724.0 Total 780.0 780.0 768.0 Staff 710.0 710.0 0 754 0 7290 -19.0 HQ 765.0 765 0 0 00 14 0 14.0 15 0 14.0 14.0 REG 15.0 0 1,097 91,289 -91,289 117,343 92,174 90,192 Contract Support 97,759 1,259 1,259 0 1,587 1,271 1,259 0 1,536 Travel 1,097 92,648 92,548 0 93,445 91,461 CS and Trvl Subtotal:

99,296 118,930

' 41,930 81,930 0 68,366 60,886 S0,960 980 Salary / Benefits Total 58,366 -60,670 0 59,744 926 60,670 HQ 57,193 57,193 59,715 1,260 1,260 0 1,170 1,206 54 REG 1,173 1,173 2,077 154,478 154,478 157,641 177,296 154,330 { 152,401 Doller Total:

l t

I Notes. 1) 1997 Detta between FY 97 and FY 98 Estimate FY 1998 BLUE Br 2)1996 Detta between FY 96 and FY 97 Page 6

l

- I' PROGRAM

SUMMARY

I I

'

  • R* Port: SUM 41 BY FUNCTION 9/12/M 8:31:31 AM Date Printed:

FY 1997 1998 09/03/06 08:00:00 Data as of:

(Donars in Thousands, Staff Years m Full-Time Equilsvents)

FY 1998 FY 1999 1

FY 1997 REC 0MMEND ATION De,a r,o,n FY 1996 Dona r,,,n Arnount AGENCY **"*"t snuwe cunent w ear Amount suooetYeer COST CENTERS INSPECTOR GENERAL INSPECTOR GENERAL 0.0 43.0 -43.0 0.0 44.0 44.0 43.0 43.0 Staff Total 43.0 00 43 0 0.0 43.0 HQ 44.0 44 0 43.0 0 360 360 0 910 360 360 Centract Support 360 0 240 -240 0 289 240 240 Travel 239 0 600 4 00 0  ;

1,199 600 600 CS and TM Subtotal: 699 i 200 4,200 4,200 0 4,393 4,393 4,400 4,400 Salary / Benefits Total 4.200 -4,200 0 4,393 4,400 4.400 -200 Ho 4,393 6,000 -200 4,800 -4,800 0 4,992 6,692 6,000 Dollar Total:

r INSPECTOR GENERAL Subtotal 0.

43.0 0.0 43.0 43.0 Total 44.0 44.0 43.0 Staff 43 0 -43 0 0.

44 0 43 0 43 0 0.0 HQ 44.0 360 -360 0 360 360 0 Contract Support 360 910 r 0 240 240 0 239 289 240 240 Travel 0 600 4 00 0 St9 400 000 CS and TM Subfotal g,$,g 4,200 4,200 0 4,393 4,400 4,400 -200 Salary /Benefrts Total 4,393 -4,200 0 4,400 4,400 -200 4,200 4,393 l

HQ 4.393 6,000 -200 4,800 4,800 4,992 6,692 6,000 j Dollar Total:

l l

l l

l l

l Notes 1) 1997 Delta between FY 97 and FY 96 Estirnste FY 1998 BLUE BC 2)1996 Dette between FY 98 and FY 97 Page 7

. _ _ . . = _ , . . . _ _ . _ . . _ _ _.

H: port: SUM 41 ' PROGRAM

SUMMARY

. BY FUNCTION FY 1997 1998 Date Printed: 9/12/96 8.31:31 AM j (Donars in Thousands. Staff Yea's in FulbTime Equilavents) Data as of: 09/03/96 08:00:00 l

l i

l FY 1998 FY 1999 j AGENCY FY 1996 FY 1997 R E C O M M E N D A TIO N 1 Dena r,,,, Dena F,om i unaaed cunens Pnorv nr **unt

! cost CENTERS nn eed cunent Baoet var ^'nount Total Agency Resources ,

Staff Total 3,160.0 3,160.0 3,120.0 3,061.0 70.0 2,991.0 -2,991.0 0.0  ;

HQ 2,248 0 2.248 0 2.226.0 2,167.0 49 0 2,118.0 2,118 0 00 REG 9120 912.0 894 0 894 0

{

-21.0 873 0 -873 0 00  !

Contract Support 198,780 238,202 194,614 188,679 1,924 190,503 190,603 0 Tra.>el 14,690 15,421 14,190 13.837 263 14,100 14,100 0 CS and Trvi Subtotal: 213,470 253,623 208,804 202,416 2,187 204,603 204,603 0 Salary / Benefits Total 259,116 259,666 271,496 274,384 4,613 278,897 278,897 0 HQ 187.768 188.318 196,753 197,383 2,982 200,365 -200,365 0 l REG 71,348 71.348 74.743 77,001 1,531 78,532 78.532 0 AGENCY Total: 472,586 513,289 480,300 476,800 6,700 483,500 483,500 0 ifM _- _I_/,_ . #172,

/ g Ik A "

fJid O

- v pan O JJ 6 > > 3 & O scQL*#1 ,

i I

l l

l l

l i

Notts 1) 1997 Detta between FY 97 and FY 96 Estimate .

2) 1998 Detta between FY 98 and FY 97
Page 8 FY 1998 BLUE BOOK i

5 /L4C JH)JAAADL '

FTE Gdi .

AGl Y l FY 1997 - s998

Report CC41 COST CENTER RESOURCE REPORT l (Dosers M TN Staff Years M Fue. Time EgAuverits) l Data es of: 09Mf3/96 08K'-00

, FY 1996 FY 1998 FY 1997 FY 1997 FY 1998 W 1999 l

Enacted Current Enocted Curnmt (krSeWon Factor) $ FTE $ FTE $ FTE $ FTE $ 1.00 FTE $ 1.00 FTE PROGRAM: REACTOR gmRECTRESOURCis ACRS HQ 141 29.0 . 191 29.0 141 29 0 141 29 0 141 141 29.0 0 0 0.0 AEOD HQ 11,201 59.0 12,806 63.0 10,301 60 0 10.378 60.0 10.128 10.128 62.0 0 0 00 REG 0 7.0 0 7.0 0 7.0 0 7.0 0 0 50 0 0 00 Subtotal 11,201 66.0 12,806 70.0 10,301 67.0 10.378 67.0 10,128 10,128 67.0 0 0 0.0 ASLBP HQ 418 22.0 436 22.0 409 22.0 409 22.0 409 409 22.0 0 0 0.0 NMSS HQ 415 3.0 445 3.0 460 3.0 380 3.0 410 410 3.0 0 0 0.0 Subtotal 445 3.0 445 3.0 460 3.0 380 3.0 410 410 3.0 0 0 0.0 NRR HQ 14.026 493.5 15;398 493.5 12.184 492.5 13.023 478.4 11.504 11,504 470.5 0 0 00 REG 0 436.0 0 436 0 0 434.0 0 434.0 0 0 424 0 0 0 0.0 Subtotal 14,026 929.5 15.996 929.5 12,184 926.5 13,023 912.4 11,504 11,504 904.5 0 0 0.0 OE HQ 1 6.0 1 6.0 11 6.0 11 6.0 11 11 6.0 0 0 0.0 REG 0 4.0 0 4.0 0 4.0 - 0 4.0 0 0 4.0 0 0 0.0 5 3 total 1 10.0 1 10.0 11 10.0 11 10.0 11 11 10.0 0 0 0.0 OGC HQ 0 19.0 0 19.0 0 19.0 0 19.0 0 0 18.0 0 0 00 Subtotal 0 19.0 0 19.0 0 19.0 0 19.0 0 0 18.0 0 0 0.0 Of HQ 10 30.0 to 30 0 0 30.0 30 30.0 30 30 30.0 0 0 0.0 RES HQ 50,178 111.7 58,924 111.7 48.583 111.5 48,192 106.5 44,195 44,195 106.5 0 0 0.0 DIRECT RCSOURCES Subtetat 78,418 1,220.2 88,811 1,224.2 72,089 1,218.0 72,564 1,198.9 86,828 86,628 1,190.0 0 0 0.0 ONTROLLER COST NTER RESOURCE DATABASE SYSTEM - Page.64 .

F Y 189) BLUE BOOM '

. . . - . . . - . . . - - - - . . . . . - . . - - . - - - . ~ . . . . . . . . - - . . . - . ~ . . - - - - - ~ . - . . ~ - . - ~ ~ . . . . . . .

. .... l AGE FY 1997 - W98 ,;

port: CC41 COST CENTER RESOURCE REPORT Does Printed 9f9f9812:29:54 PM D 1

(Demers h Tlgusands. Staff Years in Fus.TWe Equeevents)

Dets as of: DefB3f98 0820:00 FY 1998 FY 1998 FY 1997 FY 1997 FY 1998 FY 1999 Enocted Current Enocted Current

$ FTE $ FTE $ FTE $ FTE $ 1.00 FTE $ 1.00 FTE (be#selort Feeforf K OTERREND 9i  ;

l NRR HQ 1,325 8.0 1,888 8.0 1.936 8.0 1,443 8.0 1,518 1,518 7.8 0 0 00 l Subtotal 1,325 B.0 1,866 8.0 1,938 S.0 1,443 8.0 1,518 1,518 7.8 0 0 0.0 ,

RES t HQ 340 1.5 571 1.5 200 1.5 200 1.5 310 310 1.5 0 0 0.0 ,

IT OVERMEAD Sutmotsi 1,065 9.5 2,437 9.5 2.138 9.5 1,643 9.5 1,828 1,828 9.3 0 0 0.0  ;

ACTM7YOVERNEAD AEOD HQ 0 27.0 0 25 0 0 26.0 0 22.0 0 0 21.0 0 0 0.0 ,

, 9ublotal 0 27.0 0 25.0 0 26.0 0 22.0 0 0 21.0 0 0 0.0 NMSS HQ 0 0.0 0 0.0 0 0.0 0 0.0 0 0 00 0 0 00 Suetotal 0 0.0 0 0.0 0 0.0 0 0.0 0 0 0.0 0 0 0.0 NRR HQ 0 172.5 0 172.5 0 149.5 0 149.6 0 0 142.5 0 0 0.0 Subtotal 0 172.5 0 172.5 0 149.5 0 149.6 0 0 142.5 0 0 0.0 REGI REG 0 44.0 0 44.0 0 43.0 0 43.0 0 0 43.0 0 0 0.0 REGII '

REG 0 35.0 0 35 0 0 35.0 0 33.0 0 0 33.0 0 0 0.0 REG lil REG 0 29.0 0 29.0 0 31.0 0 31.0 0 0 31.0 0 0 0.0 REG IV REG 0 35.0 0 35.0 0 36.0 0 40.0 0 0 40.0 0 0 0.0 RES HQ 0 15.3 0 15.3 0 15.5 0 14.5 0 0 14.5 0 0 0.0

~

C r f a ge sa E eccx E 50URCllO A T AB A SE 5 v 5TE Y' page 65 *-

9 -

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m._ _ _ _ . _ . . . . _ _ _ . . _ . . . . _ . _ _ . _ . . _ _ _ . _ _ _ _ _ . _ . _ _ _ . . _ . . _ . _ . . _ . _ . _ _ . _ _ _ . . - . _

.s .- .

AGE '

FY 1997 - eW98 hport CC41 COST CENTER RESOURCE REPORT g , , m,4 , [,

(Donars kt Thousands, Staff Years hi FtATbnr Eguneveries)

Dets as of: 99434608:00-00 FY 1998 FY 1998 FY 1997 FY 1997 FY 1998 FY 1990 Enseted Current Erm and Current (IWIston Feeforf $ FTE $ FTE $ FTE $ FTE $ 1.00 FTE $ 1.00 FTE ACTMTY OVERHEAD Subtotal: 0 367.8 0 355.8 0 336.0 0 333.1 0 0 325.0 0 0 0.0 C057 TEN 7ER DVERNEftD AEOD HQ 0 6.0 0 7.0 0 6.0 0 7.0 0 0 7.0 0 0 C.0 Subtotal 0 8.0 0 7.0 0 8.0 0 7.0 0 0 7.0 0 0 0.0 HQ O 3.0 0 3.0 0 30 0 3.0 0 0 0.2 0 0 0.0 Subtotal 0 3.0 0 3.0 0 3.0 0 3.0 0 0 0.2 0 0 0.0 REGI REG 0 25.0 0 25.0 0 24.0 0 24.0 0 0 20.0 0 0 0.0 REG il REG 0 35.0 0 35.0 0 32.0 0 32.0 0 0 28.0 0 0 0.0 REG lli REG 0 29.0 0 29.0 0 28.0 0 28.0 0 0 24.0 0 0 0.0 REG IV REG 0 19.0 0 19.0 0 16.0 0 16 0 0 0 13.0 0 0 0.0 RES HQ 0 40.5 0 40.5 0 39.5 0 33.5 0 0 32.5 0 0 0.0

! COST CENTER OVERHEAD Sutto 0 157.5 0 158.5 0 148.5 0 143.5 0 0 124.7 0 0 0.0 l .

TRAVEL ACRS l HQ 308 0.0 358 0.0 247 0.0 247 0.0 247 247 0.0 0 0 0.0 i

AEOO ,

HQ 317 0.0 317 0.0 373 0.0 373 0.0 383 383 0.0 0 0 00 Sutdetsi 317 0.0 317 0.0 373 0.0 373 0.0 383 383 0.0 0 0 0.0 i

ASLBP HQ 93 00 93 0.0 80 0.0 80 0.0 80 80 0.0 0 0 0.0 L ON'R D LE R COST CENTER RESOURCE D A T AB ASE.S v 5 REY Pgga 66 ,

Es '99? 9tcE BOOK e i

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i l FY 1997 .v98 Report CC.e1 COST CENTER RESOURCE REPORT m g ,gg, p, (Domers h Thousands. Star Years in Fus. Time EquAsvents)

FY 1996 FY 1996 FY 1997 FY 1997 FY 1998 FY 1999 Enocted Curtwnt Enocted Curtwnt ,

(l>PGsWors Factor) $ FTE $ FTE $ FTE $ FTE $ 1.00 FTE $ 1.00 FTE pnDonAn: seuCLEhR ntA18trALS AND NUCLEAR WASit DMECTRESOURCES ACNW  !

HQ 96 4.0 119 4.0 96 4.0 68 4.0 68 68 4.0 0 0 00 '

ADM HQ 0 1.0 0 1.0 0 1.0 55 0.0 60 60 1.0 0 0 0.0 !

AEOD HQ 713 10.0 1,379 7.0 713 10.0 823 7.0 461 461 2.0 0 0 00  ;

REG 0 0.0 0 0.0 0 0.0 0 0.0 0 0 00 0 0 0.0 l Subtotal 713 10.0 1,379 7.0 713 10.0 823 7.0 461 481 2.0 0 0 0.0 ASLBP HQ 0 1.0 20 1.0 0 1.0 0 1.0 0 0 1.0 0 0 0.0 t

IP HQ 0 4.0 0 4.0 0 4.0 0 4.0 0 0 4.0 0 0 00 I l

IRM l HQ 0 0.0 0 00 0 0.0 0 0.0 100 100 1.0 0 0 0.0 mss HQ 15,767 2240 19,137 224.0 20.891 238 0 20,152 238.0 23,478 23,478 230.0 0 0 0.0 REG 0 121.0 0 121.0 0 117.0 0 115 0 0 0 111.0 0 0 00 i Suhtotal 15,767 345.0 19,137 345.0 20,891 355.0 20,152 353.0 23,478 23,478 341.0 0 0 0.0 OE HQ 1 50 1 5.0 11 5.0 11 5.0 11 11 50 0 0 00  !

REG 0 4.0 0 4.0 0 4.0 0 4.0 0 0 4.0 0 0 00 ,

Subtotal 1 9.0 1 9.0 11 9.0 11 9.0 11 11 9.0 0 0 0.0 i

i OGC HQ 0 17.0 0 17.0 0 17.0 0 17.0 0 0 17.0 0 0 00 Subtotal 0 17.0 0 17.0 0 17.0 0 17.0 0 0 17.0 0 0 0.0 Of HQ 0 13.0 0 13.0 0 13.0 0 13.0 0 0 13 0 0 0 00  ;

i Page 162 " ' 49' BE B C C" C ONTROLLE A COST CENTER RE SOURCE D AT AB ASE S Y STEY ' -

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FY 1997 - .996 Report: CG41 COST CENTER RESOURCE REPORT m , ,gg (Desers h Thouesnes. Stee Years in Fub.11rne Equesverde) i Data as of: 09f0358 00$0m FY 1998 FY 1998 FY 1997 W 1997 FY 1998 FY 1999 r Enocted Current Enocted Current twestbnFeefor) $ FTE $ FTE $ FTE $ FTE $ 1.00 FTE $ 1.00 FTE REGl '

REG 0 0.0 0 0.0 0 00 0 0.0 0 0 0.0 0 0 0.0 REG 11 REG 0 0.0 0 0.0 0 0.0 0 0.0 0 0 0.0 0 0 0.0 REGm REG 0 0.0 0 0.0 0 00 0 0.0 0 0 00 0 0 0.0 REG IV REG 0 0.0 0 0.0 0 0.0 0 0.0 0 0 0.0 0 0 0.0 RES HQ 5.099 32.5 6.939 32.5 5,317 32.5 4.892 32.5 5.390 5.390 32.5 0 0 0.0 DIRECT RESOURCES Suttalet 21,879 436.5 27,595 433.5 27,028 446.5 26,001 440.5 29,568 29,988 425.5 0 0 0.0 FD9ERMEAO.

NMSS HQ 902 0.0 1,106 0.0 825 0.0 819 0.0 630 630 0.0 0 0 0.0 Subtotal 902 0.0 1,106 0.0 825 0.0 819 C.0 630 630 0.0 0 0 0.0 IT OVERHEAD Subloest 902 0.0 1,108 0.0 825 0.0 319 0.0 630 830 0.0 0 0 0.0 AC7MTYOYERNEAD .

AEOD HQ 0 1.0 0 1.0 0 1.0 0 1.0 0 0 0.0 0 0 0.0 Subtotal 0 1.0 0 1.0 0 1.0 0 1.0 0 0 0.0 0 0 0.0 NMSS

, HQ 0 23.0 0 23.0 0 24.0 0 29.0 0 0 29.0 0 0 0.0 Subtotal 0 23.0 0 23.0 0 24.0 0 29.0 0 0 29.0 0 0 0.0 REGI REG 0 13.0 0 13.0 0 12.0 0 12.0 0 0 12.0 0 0 0.0 REGli REG 0 4.0 0 4.0 0 6.0 0 8.0 0 0 8.0 0 0 0.0 "r' ' F9 F Bu u E BC Ok C DNT RC t mE st COS 7 CE N TE R RE SOURC E D A T A BA SE SY S T EY .

Page 163

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_s AGl Y FY 1997 - .998 ,

Report: CC-01 COST CENTER RESOURCE REPORT -

(comers h Timusands. Ster Years in F Al.Trne Equilevents) m , , ,m,4 g Data as of: 00Mmts 0820-00  ;

FY 1998 FY 1999 '

FY 1996 FY 1996 FY 1997 FY 1997 Enocted Current Enocted Current prrSofore Feefor) $ FTE $ FTE $ FTE $ FTE $ 1.00 FTE $ 1.00 FTE l

REG ill REG 0 13.0 0 13.0 0 12.0 0 12.0 0 0 12.0 0 0 0.0 -

REG IV REG 0 10.0 0 10.0 0 10.0 0 8.0 0 0 8.0 0 0 0.0 $

RES HQ 0 4.5 0 4.5 0 4.5 0 4.5 0 0 5.5 0 0 0.0

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' QCTMTY OVERHEAD Sutpletut- 0 88.5 0 88.5 0 69.5 0 74.5 0 0 74.5 0 0 0.0 i

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HQ 0 0.0 0 0.0 0 0.0 0 0.0 0 0 0.0 0 0 0.0 i

Sutstotal 0 0.0 0 0.0 0 0.0 0 0.0 0 0 0.0 0 0 0.0 F NMSS '

HQ 0 45.0 0 45.0 0 45.0 0 41.0 0 0 41.0 0 0 0.0 l '

0 0.0 i REG 0 0.0 0 0.0 0 0.0 0 0.0 O O 0.0 0 l Sutstotal 0 45.0 0 45.0 0 45.0 0 41.0 0 0 41.0 0 0 0.0 l

! REGI l REG 0 6.0 0 6.0 0 6.0 0 6.0 0 0 6.0 0 0 0.0 .

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REG 0 7.0 0 7.0 0 5.0 0 5.0 0 0 5.0 0 0 0.0 l

REG 111 REG 0 13.0 0 13.0 0 10.0 0 10.0 0 0 10.0 0 0 0.0 REG IV REG 0 8.0 0 8.0 0 3.0 0 8.0 0 0 8.0 0 0 00  !

l l RES HQ 0 7.0 0 7.0 0 7.0 0 5.0 0 0 5.0 0 0 0.0 l ,

i COST CENTER OVERHEAD Swedes 0 86.0 0 86.0 0 81.0 0 75.0 0 0 75.0 0 0 0.0  :

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l HQ 54 1.0 54 1.0 54 10 25 1.0 25 25 1.0 0 0 00 AEOD  !

i HQ 0 3.0 0 30 0 20 0 20 0 0 2.0 0 0 00 l Subtotal 0 3.0 0 3.0 0 2.0 0 2.0 0 0 2.0 0 0 0.0 AfD i HQ 0 0.0 0 0.0 0 00 0 0.0 0 0 00 0 0 00  !

COOP / SIS HQ 0 00 0 00 0 00 0 00 0 0 0.0 0 0 0.0  !

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IP HQ 150 24 0 150 24 0 81 24.0 81 24 0 155 155 23 0 0 0 00 NMSS l HQ 836 9.0 836 90 915 90 760 7.0 815 815 7.0 0 0 00 REG 0 2.0 0 2.0 0 2.0 0 2.0 0 0 2.0 0 0 00 Subtotal 836 11.0 836 11.0 915 11.0 760 9.0 815 815 9.0 0 0 0.0 '

l NRR l HQ 0 12.0 0 12.0 0 10 0 0 8.0 0 0 7.9 0 0 0.0 ,

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i j OMNIBUS BUDGET RECONCILIATION 4

ACT OF 1990 i

4 j PUBLIC LAW 101-606-NOV. 5,1990 t

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i Subtitle B-NRC User Fees and Annual Charges 42 Usc 2:14.

sec. sist, Mac tasa FEES AND ANNUA 1, CEARGas.

Ia) AwwvAL Assumsmer.-

Noenear(1) IN osNsRAL-Easept as pnmded in paragraph ,the (3) ca=======

the "c tin this esecos referred se as

. and sharges as are)deserthed la subeesssoas (b) and (c)." sh

=h (b) and annual chasses under outsessin made not later than SepasamberM.1991.

(3) Last ^====="r ment of amamal shar or AstuvAs, caianoas.- The last aesses-a later than =ra==h ges mader sehessman te) aban be made not 80.1986.

9701 of title 31. United Stases Code (b) Fame paa Samvice on Tu service or thing of value frees the em=, any poseen who reassves a

===== aball pay fees to sever  !

the value, Comauseson's ~was a prtmding any such service or thing of \

acJ AxwuAL CHAacs.- i t1) Psasone eUnsecT TO CMAacs.-Any licenseo of the Commas-sion may be required to pay, m addiuon to the fees set forth in subsecuon abl. an annual charge (2) AoonscArt AnsoUNT Or CMAaces.-The aggregate amount of the annual charge collected from all licensees shall equal an amount that appresumates 100 percent of the budget authority of the Commission ta the fiscal year m which such charge is collected,less any amount appropnated to the ca=====a=

from the Nuclear subsecuen (b)in Weste such nacal Fund year. and the amount of fees collected under

13) Ansouwt rtB UCENeEE.-The Commission shal) estabhah j by rule. a schedule of charges fairly and equitably allocatmg the s aggregate amount of charges desenbod in ph (2) among licensees. To the manusum extent . the charges shall have a reasonable relataanship to the cost of primdang regu-latory services and may be based on the anocataon of the "ommission's resources annong liconeses or classes of licensees b I1tFDernow.-As used in this secuen, the term " Nuclear Waste FunC mesas the fund established pursuant to secuon 802fel of the Nuclear Wasee Policy Act of 1982 (42 U.S.C.10222tel).

tel Cowromanwo c A=zw to COBRA.-Paragraph (1xAl of secuan 7601 of the a===Manad Ossanbus Budget Reconculauon Act of 1985 (Public law 96-2721 is ==== dad by etnking

  • esce fiscal year 1990 such mammum annount shall be =====pt*=d that tofor be42 Usc2:13 equal to 45 fiscal year 1 t of the seem tacurred by the Conumassion for law"
  • and inserting "escept as otherwise primded by PURIJC LAW 101-608-NOV. 5,1990 104 !rrAT.1886-299

, i l

I 315

\

Subtitle B-NRC User Fees amt Annual Chatwee sac stel Mac tisan ?ltRC AND ANMVAL MARGEL (a) ANNUAL Assanausst.-

i (1) IN assanAL.-Except as provided in paragm Nuclear itetulatory Commienion (in this section .i e-,.ph

to as(3), the the 'Demmission") shall annually annene and collect such fees and chargen as are dancribed in subenctions (b) and (c). *
(2) Finer m===usur.-The first aneenement of feen under subeection (b) and annual charger under subeection (c) shall be made not later than September 30,1991.

(3) LAsr Asssanusur or ANNUAL CHAnoss.-The last aseeen ment of annual chargen under subanctson (c) shall be made not later than September 30,1995.

ib) Psse ron Sssyrcs on Turno or VALus.-Pursuant to section 9701 of title 31, United States Code, any person who receiven a serv.

see of thin of value fmm the Commission shall pay fees to cover the i

l Commission's costs in pmuidig any such service or thin of value.

tc) ANNUAL CxAnass.-

(1) Psasans svasscr w cnAnos.-Any licenner of the Com.

mienion may be required to pay, in addition to the (een set forth in subeection (b), an annual charge (t) Aoonsents Anousr or cnAnons.-The ogpagate amount ,

i of the annual charge collected fmm all liceneene shall equal an amount that appmesmaten 100 persent of the budget authorsty of the Comm.snion in the fiscal pr in which such charge is colleesed, lea any amount approprsated to the Commission fmm the Nuclear Waste }%nd and the amount offees collected under b subeection (b)in such fiscalpr.

\

(3) Amouxrpsa ucsNass.-The Commission shall establish.

by rule, a schedule of c fairls and equitably allocatin the agregate amount of c descrshed in parapoph (2) arnow licensene. To the maximum extent practicable, the charman shall have a reasonable relatsonship to the cost ofpro-vidin rqulatory services and may be based on the allocation of the Commission's reeources amoy licenseen or claneen oflicens.

een.

(d)Dsrixirron.-As used in this section, the term " Nuclear Waste Fund" means the fund established pursuant to section 300(c) of the Nucisar Weste 1%licy Act of1982 (42 U.S.C.10220(c)).

(e) Cowocaussa AusNDusNT w COBRA.-l%rapoph (1XA) of section 7901 of the Consolidated Omnibus Budget Reconcilation Act of1985 (Public Law 99-171)is amended by strskin "except that for fiscal .nar 1990 such maximum amount shall be estunated to be equal to 45 percent of the conte incumnd by the Commienion for flecal law ".

year 1990" and insertim "except as otherwser provided by i

l

1

! 959 income chuden and chudron with special needs; and use of a slid-ing fee anale. The managers intend that, to the mammum extent i practicable, the lead agency be a state entity in enstance on or before the date of enactment of this subchapter with exponence in the d=na'=* ation of apprepnate child care All eligible prendere shall be licensed,

' , or registered to payment and must comply with a state and local and tory requirements. state plan shall de-senbe minhaum th and safety requirements ==*=hhhd by the state for all providers funded under this subchapter and ensure that such prenders demonstrate compliance with these require.

monts. These health and safety requirements include the n-tion and control of infectious diseases, building and pb prem-ises safety, and a mint =um health and safety traming requirement appropriate to the prender settag. The state shall conduct a one-time review of state licensms and regulatory requirements and policies, unless the state has done so within three years pnor to the date of enactment.

The state shall report to the Secretary of Health and Human Serness annually on the use of funds under this subchapter; data on caregivere and children in care; activities to encourage public.

private partnerships which promote business involvement in meet-mg child care needs; results of any renew of state Manamg and regulatory requirements; a rationale for any station actions to reduce the levels of state standards; state actions to improve the quality of care; and a description of standards in the state.

The Secretary will report to Congress annually on use of all Child Care and Development Block Grant Act funds in the states.

The report will include a summary and analysis of the above data provided by the States to the Secretary and any recommendations to Congrees on further ste and affordable child care. ps necessary to improve access to quality TITLE VI-ENERGY AND ENVIRONMENTAL PROGRAMS '

Summu -NRC UsEm Fuss sec. . NaC UsEn fem AND ANNUAL CHAaGEs j

Present law Section 7601 of the Consolidated Omnibus Budget Reconciliation ,

Act of 1985 (Public Law 99-272) requires the Nuclear Regulatory '

('a==*==ian (NRC) to collect annual charges from its liceneses. The amount of the charges: .

(1) when added to other amounts collected by the NRC (i.e.,

fees under the Independent Omess Approprintson Act of 1952,  !

31 U.S.C. 9701), may not osasse 38 percent of the NRC's costs-and i

(2) must reasonably be related to the regulatory service pro- '

vided by the NRC and fairly reflect the cost to the NRC of pro-vtding the service.

Seetaan 5601 of the Omnibus Budget Reconciliation Act of 1987 (Public Imw 100-208) ==w the 1985 law by increemog the 35-42s o 31

~

l 9.e amount of the NRC's costs recovered by fees and annual char from 88 to 45 percent for two years. Geoni years 1988 and 1989. ges Section 8001 of h Ommbus Budget Reconcdiation Act of 1989 (Public Im 101-289) amended h 1985 law by maintaining the amount of the NRC's costs rooovered by fees and annual charges at 45 percent for a third year, Ascal year 1990, Without new legisla-tion, the annount of the fees and annual charges will revert to 88 percent in fW year 1991. ..

House bill Sections 4502 and 5101 of the House bill would repeal section 7601 of b 1985 law and replace it with new, permanent aathority.

Both House provisions would require the NRC to collect annual charges in an amount to recover 100 percent of its budget authority (inclu ' budget authority for both Salaries and Expenses of the NRC the Omce of the Inspector General), less amounts ap ro.

priated to the NRC from the Nuclear Waste Fund established b 42 U.S.C.10222(c) and fees collected under the Independent ces Appropriation Act. Although all NRC licensees would be subject to fees under the Independent Offices Appropriation Act, only persons licensed to operate nuclear power plants would be assessed annual charges. The amount of the annual charges would be determined by the NRC by rule and v ould have to bear a reasonable relation-ship to the NRC's cost of providing regulatory services to the li-consee.

Senate bill Section 2 of Title V of the Senate bill, like the House bill, would repeal section 7601 of the 1985 law and would require the NRC to recover 100 percent of its costs it differs from the House provi-sions, however, in three respects. First, the Senate provision would authorise the NRC to impose annual charges for only five years, fiscal years 1991-1995. Second, it would permit (but would not re-quire) the NRC to assess annual charges against any person who  !

holds an NRC license, not just utilities operstmg nuclear power plants. Thmi, it would recover 100 percent of the Saleries and Ex-penses of the NRC and but not of the expenses of the NRC's Office of the Inspector General.

Conference agreement In seneint-The conference agreement follows the Senate bill with three changes. First, the Senate bill would have codified the annual charge authority in the Atomic Energy Act of 1954: the conference agreement does not. Second, the Senate bill would have recovered 100 percent of the NRC's Salaries and Expenses only; the conference agrosesent recovers 100 percent of both the NRC's Sala-rios and Expenses and the NRC's Office of Inspector General.

Third, the Senate bill would have repealed section 7601 of the 1985 law; the conference agreement am-la it to provide a "Goor" on fees and annual charges equal to 88 percent of the NRC's budget authority. This floor would govern assessment of fees and annual charges after fiscal year 1995 unless Congress enacts new author-ity. ..

~

_- . . . - . . - .- - = -- - --

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' "puntion of authority.-The conference agreement provides au-to collect fees and annual charges ual to 100 percent of 4 the s t for only five years, years 1991 through 1996. The s permanent authority to collect fees and annual canrges equal to 33 percent of the NRC's budget authority will con-tinue in force after fiscal year 1995.

Licensees sub : to assual e .-The conference agreement 1

pneerves the 'on the NRC under present law to eseems annual charges against all of its hoeneses. The confenes reaffirm the statement of the managers on the present authority. See 132 Cons. Rec. H879 (daily od. March 6, 1986); 132 Cong. Rec. S2725 (daify ed. March 4,1986).

4 The conferees note that in the NRC's report on the ensting i' annual charge system requested b section 7601(a) of the 1985 law, the Comm=mian found that "the e number of small licensees.

.the reladvely small fees which woul be collected, and the costa of admmiatoring such a collection program " make imposition of an annual charge on all of the NBC's approx,imately 8,000 non power-reactor licensees impracticable. The conferees also understand that the direct cost of regulating non-power reactor hcensees amounts to 2 appronmately three percent of the NRC's costs and that a substan.

tial percentage of the cost of providing regulatory services to non-power-reactor licensees are in fact recovered through fees assessed under the Independent Offices Appropriation Act. Finally, the con.

ferees note that the U.S. Court of Appeals for the District of Co-lumbia Circuit has concluded that the NRC "did not abuse its dis-

, cretion by falh'ng to impose the annual fee on all limneses." Flori.

' da Pouer & Light Co. v. NRC, 846. F.2d 765, 770 (D.C. Cir.1988),

cert. denied 109 S.Ct.1952 (1989L The conference agreement preserves the NRC's discretion to impose annual charges on one or more classes of non-power-reactor licensees ifdothe practicably so.Commission believes it can fairly, equitably, and 3 As described below, incrossmg the amount of recovery to 100 per-cent of the NRC's budget authority will result in the imposition of i fees upon certain licensees for costs that cannot be attributed to those licenmana  ;

or clanees of licensees. The Comminaion should l

..seems the charge for these costs as broadly as practicable in order i to mintmtse the burden for these costs on any licensee or class of licensees so as to establish as fair and equitable a system as is fea-sible.

Calculation of the annual charge.-The conferees recognise that, I in directing the NRC to collect annual charges, "Congues must in- \

i dicate clearly its intention to delegate to the Executive the discre-tionary rectly toauthority to recover the benefit of ad=iaMrative costa not inuring di-ted parties" and that Congress must provule the agency "inte le gmdelines" for makmg these as- I noenments. See Skinner v. -America Pspeline Co.,109 S.Ct.1726,

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1784 (1989) (upholding the law direettng the Secretary of Transpor-tation to collect user fees totalhng 105 percent of the cost of admin-istering the pipeline safety program). The conferees believe the conference agreement meets these requirements. .

Firet the conference ment makes it clear that appropria-tions re,ceived by the I4 from the Nuclear Weste Fund estab.

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l

l. 962 -

(42 U.S.C.1022*c)) for licensing the Departmen at waste mana .

annual charges.gement program are not to be recovered by the The Nuclear Waste Fund conasts of money paid by NRChoensed nuclear power reactors to the Department of Energy to site, construct, and dowlop high-level nuclear waste

=-

nt facilities. Since nuclear utilities are paybe for the

' cost of the NRC's high-level wasta licensing activities r through the payments to the Nuclear Waste Fund recovery of Nuclear Waste Fund payment double appropriations through the ann,ual charge would constitute by the utilities. i

' Second, the conference agreement provides that the amount re-covered 4

amount the b annual charges is to be reduced further by the '

the Independent Offices Appropriation Act of 1952 (31 U through Part 170 of the NRCs rules (10 C.F.R. Part 170) vidually identifiab!c services to applicants and ho consees, though not the cost of generic activities that benefit licens-ees generally. The Committee expects the NRC to continue to assess fees under the Independent omose Appropriation Act to the

)' end that each licensee or applicant pays the full cost to the NRC of all identifiable regulatory services such licensee or applicant re-ce1Ves.

i the NRC's annual budget authority after subtractio

. received from the Nuclear Waste Fund and the Independent Of-fices Appropriation Act fees is to be recovered from the NRC's li.

consees through the annual charges. The conference agreement I

does not require that the total amount intended to be recovered through annual charges be divided among the power reactor licens.

2

. ees equally, as was the case under the NRC's original rule imple.

! menting Public Law 99-272. Instead, the conferees intend that the NRC assess the annual charge under the principle th 1

who require the greatest expenditures of the agency'at licensees s resources l

should pay the greatest annual charge. Thus, the conference agree charges " fairly and equitably" allocating the total amo

' charges to be recovered among its licensees, and that "

imum extent practicable, the charges shall have a reas[t)o the max-onable rela-

' tionship ees. to the cost of providing regulatory services" to the licens.

The conferess understand that a substantial portion of the NRC's annual expenses, while not attributable to individual licensees and thus not recoverable under the Independent Offices Appropriation Act, are attributable to classes of licensees. The conferees conteen-plate that the NRC will continue to allocate generic costa that are attributable to a given class oflicensee to such class.

In addition, however, the conferees recognise that there are as-penses that cannot be attributed either to an individual licensee or-a class of licenseen Examples of these expenses may include costs ings and the operating expenses oofces, various including NRC ffia-ated wi thcee of the dommissioners, the General Counsel, the Inspectore a

}

._ .-~ . .- _...-.- - - ..---- -- --. --- -.--...--.

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963 General, and Governmental and Public Affairs. The' conferees intend the NRC its licensows to fairly through and equitabl recover these expenses from the annual penses cannot be attributed to individ even though these ex.

licensees or classes of li.

consees.

the C n These ' expenses may be recovered from such licensees as and practionbly contribute to their payment.'s, in its discretion, deter 1

7)estment of fines, penalties, and receipts of certain pmgrams.-

i licensees as fines and penalties (including interest pen 4 asamst the amount of annual charges to be collected Conversely the NRC does not seek to recover through the annual charge, amounts received from 4

safety research program, participants in the cooperative nuclear the material and mformation access au.

i thorization programs (including criminal history checks under sec-tion 149 of the Atomic Energy Act of 1954. 42 U.S.C. 2169), or amounts received for services rendered to foreign governments and

$ international orgarnations. The conferees note that the NRC's cur-j upheld in court. Florida Pker & Lirent treatment of these fines. penalties, a 771 (D.C. Cir.1988), cert denied 109 S.ght Co. v. NRC, 846 F.2d 765, Ct.1952 (1989).

The conference agreement does not change these policies. Fines and penalties are assessed because of a failure of a licensee to j comply with NRC standards and requirements. The purpose of the fine or penalty would be defeated if'their assessment would result

! in a lowerms of the offender's obligation to pay annual charges.

Receipts from cooperative, international, and access authorization p

i ticu are collected from the entities benefiting from the par-program and are retained and used by the NRC for such program Inclusion of the amount of these funds in the total double payment. amount recovered through the annual charge would result in Subsectson-by. subsection summarv i charges.Subesesion (atl> requires the NRC to collect fees and annual 4

this authority shall be made no later than September 30,199 t'

charges Se aber 30,1995.

made under this authority shall be made no late

besetion (b) provides that the NRC shall continue to collect
fees under the Independent Offices Appropriation Act of 1952 (31 j

U.S.C. 9701). These fees are intended to recover the Commission's cost 1

' by theofNRC.

providmg any service or thing of value to a person regulated i Su Werion (c/ requires the NRC to collect, in addition to the Inde-pondsat annual Offloes Appropriation Act fees under subsection (b),

charge. an i onSu.Wetion aty licensee (ett) of theauthorises NRC. the NRC to impose an annual charge

Sulweetion (cXf) provides that the j charges shall, t when added to the Indepe ate amountAppropria-nt Offices of annual

! tion Act fees collected under subsection (b), ennal approximately 4

.. . _ . -- . . - --_ . . - - _ . ~ - - .. . . _ - . . -. . . . _ . -

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G J 964 100 percent of the NRC's total budget authority for each fisca!

year, less any amount a-,, ,

sh to the NRC from the Nuclear

Weste Fund.

j Su6escinon (c/8) directs the NRC to establish a schedule of annual that fairly and equitably allanaema the aggregate i amount of among licensees and, to the mammum extent

practionbie -ahly reflects the cost of prending sernoes to i such licensees or classes of licensees. 'Ihe schedule may assess dif.

forent annual charges for different licensees or classes of boensees

based on the allocation of the NRC's rumources among licensees or classes of licensees, so that the llaan- who require the greatest i expenditures of the NRC's resources will pay the greatest annual I Charge.

Subeserion (d) defines the Nuclear Waste Fund esemkliahad by i section 302(c) of the Nuclear Waste Policy Act of 1982, 42 U.S.C.

10222(c).

! Subsection (e) amends section 7601 of the Consolidated Omnibus

, Reconciliation Act of 1985 (Public law 99-272) to preserve ensting ,

1 authority for the NRC to collect user fees approximatm' g 38 per- l 3

cent of the agency's budget. Followmg fiscal year 1995, annual

' c will be necessed under section 7601 of the 1986 act instead j of su ion (c) of the conference agreement.

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