ML20212K433
| ML20212K433 | |
| Person / Time | |
|---|---|
| Issue date: | 03/19/1999 |
| From: | NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | NRC |
| Shared Package | |
| ML20138F537 | List:
|
| References | |
| FRN-64FR15876, RULE-PR-170, RULE-PR-171 AG08-1-008, NUDOCS 9910060259 | |
| Download: ML20212K433 (94) | |
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Revision of Fee Schedules; 100% Fee Recovery, FY 1999 5 Y)g[g pl kpf " 92 G TO p om <
AGENCY: Nuclear Regulatory Commission. [ g!E h 90 l ACTION: Proposed rule.
I
SUMMARY
- The Nuclear Regulatory Commission (NRC) is proposing to amend the licensing, inspection, and annual fees charged to its applicants and licensees. The proposed amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, which mandates that the NRC recover approximately 100 percent of its budget authority in Fiscal Year (FY) 1999, less amounts appropriated from the Nuclear Waste Fund (NWF) and the General Fund. The amount to be recovered for FY 1999 is approximately $449.6 million.
DATES: The comment period expires (30 days after publication). Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure only that 9910060259 991001 PDR PR 170 64FR15676 PDR r\ 4 \ b o(,0 )-$$
comments received on or before this date will be considered. Because OBRA-90 requires that NRC collect the FY 1999 fees by September 30,1999, requests for extensions of the comment period will not be granted.
. ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff. Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 am and 4:15 pm Federalworkdays. (Telephone 301-415-1678). Comments may also be submitted via the
' NRC's interactive rulemaking website through the NRC home page (http://www.nrc. gov). From the NRC homepage, select "Rulemaking" from the tool bar The interactive rulemaking website f[ can then be accessed by selecting "ik:e~ook;i.;; F= This site provides theMability to r an uw, upload comments as files (any format), if your web browser supports that fun,ction. For information about the interactive rulemaking site, contact Ms. Carol Gallagher, 301-415-5905; e-mail CAG@nrc. gov. 3
[ /fCopies of comments received and the agency workpapers that support these proposed changes to 10 CFR Parts 170 and 171 may be examined at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC 20555-0001. Comments received may also be viewed and downloaded electronically via the interactive rulemaking website established by ;
I the NRC for this rulemaking.
1
- FOR FURTHER INFORMATION CONTACT: Glenda Jackson, Office of the Chief Financial i Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Telephone 301- 1 415-6057, 2
l A
SUPPLEMENTARY INFORMATION:
- l. Background.
II. Proposed Action.
, gg j 111.
Environmental Impact: Categorical Exclusion. [
[>p. Paperwork Reduction Act Statement. / e plM. Regulatory Analysis. /
g . Regulatory Flexibility Analysis. /
g j p p l!. Backfit Analysis. / !
- l. Background j Public Law 101-508, the Omnibus Budget Reconciliation Act of 1990 (OBRA-90),
enacted November 5,1990, requires that the NRC recover approximately 100 percent of its budget authority, less the amount appropriated from the Department of Energy (DOE) administered Nuclear Waste Fund (NWF), for FYs 1991 through 1995 by assessing fees.
OBRA-90 was amended in 1998 to extend the NRC's 100 percent fee recovery requirement through FY 1999.
The NRC assesses two types of fees to recover its budget authority. First, license and inspection fees, established at 10 CFR Part 170 under the authority of the Independent Offices Appropriation Act of 1952 (IOAA), 31 U.S.C. 9701, recover the NRC's costs of providing individually identifiable services to specific applicants and licensees. Examples of the services l
{ provided by the NRC for which these fees are assessed are the review of applications for the issuance of new licenses, approvals or renewals, and amendments to licenses or approvals.
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Second, annual fees, established in 10 CFR Part 171 under the authority of OBRA-90, recover generic and other regulatory costs not recovered through 10 CFR Part 170 fees.
II. Proposed Action The NRC is proposing to amend its licensing, inspection, and annual fees to recover approximately 100 percent of its FY 1999 budget authority, including the budget authority for its Office of the inspector General, less the appropriations received from the NWF and the General Fund. For FY 1999, the NRC's budget authority is $469.8 million, of which $17.0 million has been appropriated from the NWF. In addition, $3.2 million has been appropriated from the
. General Fund for activities related to regulatory reviews and other assistance provided to the V
/ DOE /
4;...; .t s' S- ;-hnd other Federal agencies. The NRC's FY 1999 Appropriations Act states that this $3.2 appropriation shall be excluded from license fee revenues, nothwithstanding 42 U.S.C. 2214. Therefore, NRC is required to collect approximately $449.6 million in FY 1999 through 10 CFR Part 170 licensing and inspection fees and 10 CFR Part 171 annual fees. The total amount to be recovered in fees for FY 1999 is $5.2 million less than the amount estimated for recovery for FY 1998.
The reduced budgeted costs to be recovered through fees for FY 1999 reflects several
~
7hele at h ar irx/ede actions taken by the NRgsuche strategic planning, downsizing, efforts to shift costs from l
Part 171 annual fees to Part 170 fees for services, and a more aggresive policy on seeking reimbursement for performing services that are not a required part of the agency's statutory mission. For example, for FY 1999, the NRC entered into an agreement with the U. S. Agency for Intemational Development to fund through a reimburseable agreement NRC's costs
- associated with providing nuclear safety assistance to the countries of the former Soviet Union.
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As a result, NRC licensees are not required to pay for the costs of this activity in FY 1999.
These costs were previously included in NRC's budget authority and the costs were recovered through annual fees assessed to NRC licensees.
The NRC estimates that approximately $107." million will be recovered in FY 1999 from fees assessed under 10 CFR Part 170 and other receipts, compared to $94.6 million in FY 1998. The increase in Part 170 estimated collections is largely attributable to changes in Y' /
Commission policy included in the FY 1998 final (lrule, such as billing full cost under Part 170 for t resident inspectors. The increase in other receipts for FY 1999 includes a $4.1 million carryover from additional Part 170 collections in FY 1998 that were unanticipated at the time the l
final FY 1998 fee rule was published. In addition, the NRC estimates a net adjustment of approximately $2.1 million for payments received in FY 1999 for FY 1998 invoices less estimated FY 1999 invoices that will not be paid in FY 1999. The remaining $339.8 million I would be . recovered in FY 1999 through the 10 CFR Part 171 annual fees, which is approximately $20.4 million less than in FY 1998.
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summarizes the budget and fee recovery amounts for FY 1999: /
f TableI
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TABLEl - j ,
bBudg d Fee Recovery Amounts for FY 1999 (Dollars in Millions)
Total Budget $469.8 5
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l l
Less NWF 17.0 l Less General Fund (Reviews for DOE 3.2 and other Federal agencies) j Total Fee Base $449.6 l l
Less Part 170 Fees 103.5 Less other receipts ,_42 ;
i Part 171 Fee Collections Required 341.9 ;
j Part 171 Billing Adiustment' '
Unpaid FY 1999 invoices 3.4 Less Payments from prior year invoices 53 Subtotal -2.1 Total Part 171 Billing $339.8
'These adjustments are necessary to ensure that the " billed" amount results in the required 1
collections. Positive amounts indicate amounts billed that will not be collected in FY 1999. l i
Because the final FY 1999 fee rule will be a " major" final action as defined by the Small Business Regulatory Enforcement Faimess Act of 1996, the NRC's fees for FY 1999 would become effective 60 days after publication of the final rule in the Federal Register.
The NRC announced in the FY 1998 proposed rule that the final rule would no longer be mailed to all licensees. However, because the NRC is soliciting public comments on two anneu! y
';; ;ptba; potential annual fee schedules for FY 1999, the FY 1999 final rule will be mailed to 6
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alllicensees. As a cost-saving measure, the NRC does not plar 3 wtinely mail future final fee rules to all licensees, but will continue, as a matter of courtesy, to send the proposed fee rules to all licensees and the final rule to licensees upon request.
In addition to publication in the Federal Register, the final rule w!,1 be available on the .
internet at http://ruleforu.llnl. gov /. Copies of the final rule will also be mailed upon request. To request a copy, contact the License Fee and Accounts Receivable Branch, Division of Accounting and Finana, Office of the Chief Financial Officer, at 301-415-7554, or e-mail us at
. Fees @NRC. gov.
The NRC is proposing to make changes to 10 CFR Parts 170 and 171 as discussed in Sections A. and B. below:
A. Amendments to 10 CFR Part 170: Fees for Facilities. Materials. Imoort and Exoort Licenses. and Other Raoulatorv Services g jg //p,,,< fewpy 8M ## /
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The NRC is proposing four major amendments to 10 CFR Part 170, and several administrative amendments to update information in certain sections and to accomodate the major proposed changes. These amendments further the underlying basis for the regulation -
that fees be assessed to applicants, persons, and licensees for specific identifiable services rendered. The amendments also comply with the guidance in the Conference Committee i
/ Report on OBRA-90 that fees assessed under the Ir:de;-;nd:nt C";;; .^.pp=pd:Sa Ad vi l
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-496iB IOAA(recover ths full cost to the NRC ofidentifiable regulatory services that each l applicant or licensee receives. .
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The major changes to 10 CFR Part 170 proposed by the NRC are:
g PANDED P RT 170 ST COVERg The NRC is proposing to' expand the scope of Part 170 to include incident investigations, performance assessments and evaluations (except those for which the licensee volunteers at NRC's request and which NRC accepts), reviews of reports and other submittals [
such as responses to Confirmatory Action Letters, and full cost recovery for Project Managers.
)
1 Part 170 fees are based on Title V of the IOAA, interpretations of that legislation by the Federal courts, and Commission guidance. These guidelines provide that Part 170 fees may be assessed to persons who are identifiable recipients of "special benefits" conferred by specifically identified activities of the NRC. The term "special benefits" include services I!
rendered at the request of a recipient and all services necessary to the issuance of a required permit, license, approval, or amendment, or other services necessary to assist a recipient in complying with statutory obligations under the Commission's regulations. l a J f .
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i Part 170 fees are currently assessed for;G( ) he review of applications for and the f./g/ issuance oflicensing actions orpther approvals bw and approval of topical reports;0 8
heapplication consultations, (4)Mspections; an[(he costs of maintaining resident
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h l Inspectors. The remainder of NRC's budget authority is recovered through annual fees i) sses under Part 171.
h in the NRC's FY 1998 fee rulemaking, some steps were taken to shift costs from Part 171 to Part 170. The NRC's proposals to further expand Part 170 for FY 1999 would shift additional costs from Part 171 to Part 170.
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- a. Inspectionsg : y Under this proposed change, Part 170 fees would be assessed for all inspections, )
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including licensee-specific performance reviews, assessments, evaluations and incident investigations. Examples of activities that would be billable under Part 170 are performance assessments of fuel facilitiies, Diagnostic Evaluation Team assessments, and incident ,
investigation Team investigations. Eliese nsees who volunteer to partici !
s performance review or assessment at NRC's cepts request would beand whichlNRC i
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- exempted from these Part 170 fees. The . inspections that are proposed to be included in Part l
!. 170 are "special benefits" provided to identifiable recipients, whether or not an inspection report is issued. For example, incident investigations are investigations of significant operational l events involving power reactors and other facilities. Causes of the events are determined and l corrective actions taken. Incident Investigation Teams investigate events ofKpotentially major /
significance.' Although the investigations may result in some generic lessons, the investigations l are primarily a direct service provided to the specific licensee and assist the licensee in complying with NRC regulations. The costs of any generic efforts that may result from the
. investigations, such as the development of new regulatory requirements and guidance, would f
continue to be recovered throug ap<}71 ann I fees, not through Part 170 fees assessed to spur ,
the licensee. These proposedrPa 0 fees ould not apply to materials licenses for which no V inspection fee is specified in Part 170 because the inspection costs are included in the Part 171 annual fee for those fee categories. !
- b. Additional Document Review
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i The NRC is also proposing to expand the scope of Part 170 to include reviews of documents submitted to the NRC that do not require formal or legal approvals or amendments to the technical specifications or license. Examples are certain financial assurance reviews, I reviews of responses to Confirmatory Action Letters, reviews of uranium recovery licensees' land-use survey reports, and reviews of 10 CFR 50.71(e) final safety analysis reports (FSARs). !
' Part 170 fees are currently not assessed for these reviews because they do not result in an approval or amendment, and the costs are recovered through Part 171 annual fees. Although no specific approval is issued, reviews of these subraittals are services provided by the NRC to identified recipients that assist them in complying with NRC regulations. ]
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- c. Project Manaaer Timeg 9 i I ;
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Additionally, the NRC is proposing that all project managers time, excluding leave and time spent on generic activitiesgch as rulemaking, be recovered through Part 170 fees
- assessed to the specific applicant or licensee to which the project manager is assigned. This change would be applicable to all licensees subject to full cost fees under Part 170 and to which
_ project m' anagers are assigned. Currently, only project manager time spent on a specific
[ licensing action or inspection is billed under Part 170 and costs for the remaining project /
' manager activities are recovered in the Part 171 annus fees.- owever, there are other project g j manager activities that also support and provide a direct benefit to tne assigned licens[
Examples of project manager activities which would be included in the Part 170 fee assessment are . Examples of project manager generic acti ties that
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/ would not be subject to fee recovery under Part 170 are rulemaking an{ development of
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regulatory guides, generic licensin uides, standard review plans, and generic letters and
/ bulletins. M4hess. cases.mbas"a proje[ manager is assigned to more than one license or site, costs for activities other than licensee-specific licensing or inspection activities would be prorated to each of the licenses or sites to which the project manager is assigned. The concept of full cost recovery for project managers is similar to the concept of full cost recovery for resident inspectors, which was added to Part 170 in the FY 1998 final fee rule
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'd. Otherg j gg fff/8) I V gy y jntide
[ The NRC is also soliciting public comment in this proposed rule on hiidders and V
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responses and escalated forcement actions in next year's proposed fee rule. The costs of these activities are currently recovered through Part 171 annual fees.
.i Orders and Related Activities @
. Currently, Part 170 fees are not assessed for the development of orders issued _ kie. /
hY b; k,10 CFR 2.202, or for amendments specifically resulting from suedorders. The
[ primary basi or the current policy is that ees could be perceived as additional fines to g g the licenseg4 f n some cases, such as tu cx: {a licensee requesh hearing, ees l
- could be viewed as a penalty for the licensee exercising its rights to disagree with the NRC. In !
y addition, depending on the licensees' responses, orders may be withdrawn or modified. In :
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cases of misconduct, an order may be issued to the individual rather than the licensee. On the other hand, the development of orders and the review of responses to orders are activities performed for specifically identifiable recipients.
I Ese='-*M Enforcement Actigng Although a for enforcement actions are currently recovered through Part 170 fees assessed to the affected licensee, the costs for escalated enforcement actions (i.e., the i processing and issuance of civil penalties) are not. Part 170 fees are not currently assessed l for the escalated enforcement actions because in some cases the fee could be much greater than the civil penalty, which is intended to encourage or force a licensee to comply with the NRC requirements. In addition, some escalated enforcement actions are withdrawn. However, escalated enforcement actions are activities performed by the NRC for specific licensees.
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- 2. Ab[ENDMENT RIVIEW Fl[AT Fl[ES
( "
r / 0 Revise 10 CFR 170.31 to eliminate the amendment fees for small materials licensees that are based on the average time to complete the reviews (" flat" fees) and include the costs in !
the Part 171 annual fees assessed to the small materials licensees. This proposal would continue the NRC's initiatives to streamline its fee program. In a similar action, the inspection and renewal fees for these licensees were eliminated in the FY 1995 and FY 1996 fee rulemakings, respectively, and the costs included in the annual fees for these categories of licensees.
Although approximately 2500 requests for amendments to small materials licenses are received and processed each year for fee recovery purposes, less than $900,000 in Part 170
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fees is collected annually for these amendments. The number of amendments as well as the
- r v Part 170 fee collections will decrease as more states become Agreement States.
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1 The current approach for assessing materials license amendment fees is complex and labor intensive. Approximately 25 percent of the amendment requests are submitted with 11 l
incorrect fee payments. In the case of underpayments, the licensee must be notified and the
{
license amendment held in abeyance until the correct fee is received. In the case of
[ overpayments, refunds must be authorized and processed through the Department of the /
' k If f Because of various Depad.i;c-t Of theaEury requirements, information such as tax identification numbers must be obtained and recorded ' for a refund check to be issued. These administrative burdens would be eliminated by inclu ing the amendment costs in the Part 171 annual fee assessed to these licensees. l In addition to streamlining the NRC process, this proposed change would eliminate the steps licensees currently take to submit the payments for their amendment requests. It would also eliminate any delays in approving those amendments due to incorrect payments and would I provide an efficient means of recovering these costs. The NRC believes that the efficiencies to be gained outweigh any inequities that may result because not all materials licenses are amended each fiscal year.
- 3. HdURLY RAkESg Revise the two professional hourly rates established in $170.20. These proposed rates )
I would be based on the FY 1999 direct FTE's and the FY 1999 budget, excluding direct program support costs and the appropriations from the NWF and the General Fund. These rates are used to determine the Part 170 fees. The proposed hourly rate for the reactor program is $141 per hour ($250,403 per direct FTE). This rate would be applicable to all activities for which fees are based on full cost under 170.21 of the fee regulations. The proposed hourly rate for the nuclear materlats and nuclear waste program is $140 per hour ($248,728 per direct FTE). This rate would be applicable to all activities for which fees are based on full cost under $170.31 of the fee regulations. In the FY 1998 final fee rule, these rates were $124 and $121, respectively. The FY 1998 rates represented a decrease from FY 1997 of $7 per hour for the reactor program from FY 1997, and $4 per hour for the materials program 7 HM
(! In calculating the proposed FY 1999 hourly rates, the aff discovered that an errorin lhef l V / budget coding occurred for FY 1998rcontributQtghe hourly rate decreases j for that ye Although the proposed FY 1999 hourly rates reflect an increase of $17 - $19 per hour 12
compared 10 FY 1998, the error was in the reduced FY 1998 hourly rate, not in the increased FY 1999 hourly rate. Specifically,134 FTE and approximately $10M in contract support for regional management and support were coded as direct resources for FY 1998 rather than as overhead. The correction of that error in FY 1999 results in substantial increases in the hourly rates compared to FY 1998, from $124 to $141 for the reactor progragnd from $121 to $140 /
per hour for the materials program. This is the result of the increased overhead costs to be allocated to the two programs, with fewer direct FTE to divide the costs among. In addition, the
' V N proportion of direct resources has shiftep"W ihe materials program Mlarhr Edd 'shareenelhefore bsorbing.more of the overhead and management and support costs./
S fhe m/uhrh Pyxam put Because of the error in FY 1998, the FY 1999 hourly rates are more appropriately compared to the FY 1997 hourly rates of $131 and $125 for the reactors and materials programs, respectively. Applying only the salary and benefit increases of 4.4 percent from FY 1997 to FY 1998, and 3.68 percent from FY 1998 to FY 1999, would result in FY 1998 hourly rates of $137 for the reactor program and $131 for the materials program, and 1999 hourly rates of $142 for the reactor program and $136 for the materials program. This does not s/./ consider the shift that has occurred in the proportion of direct resourceshe it in the materials program having a larger share and therefore absorbing more of the overhead and management and support costs.
The method used to determine the two professional hourly rates is as follows:
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[ (v 4. Direct program FTE levels are identified for both the reactor program and the nuclear material and waste program.
j h --2. Direct contract support, which is the use of contract or other services in support of the line organization's direct program, is excluded from the calculation of the hourly rate because the costs for direct contract support are charged directly through the various categories of fees.
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j( C 1. All other direct program costs (i.e., Salaries and Benefits, Travel) represent "in-house" costs and are to be allocated by dividing them uniformly by the total number of direct c
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r FTEs for the program. In addition, salaries and benefits plus contracts for non-program direct c/[/[ anagement and uppoynd the. Inspector General are allocated to each program based on p that program's ::'::lce and ben;O direct costs. This method results in the following costs
- which are included in the hourly rates.
Table 11 -
b b FY 1999 Budget Authority to be included in Hou ly Rates (Dollars in millions)
Reactor Materials Proaram Proaram Direct Program Salaries & Benefits $ 99.2 $26.4 Overhead Salaries & Benefits, $54.1 $15.0 Program Travel and Other Support Allocated Agency Management and Support $104.2 $28.1 Subtotal $257.5 $69.5 l Less offsetting receipts .1 ----
Total Budget included in Hourly Rate $257.4 $69.5 Program Direct FTEs 1,028.0 279.7 Rate per Direct FTE $250,403 $248,728 l Professional Hourly Rate (Rate per direct $141 $140 FTE divided by 1,776 hours0.00898 days <br />0.216 hours <br />0.00128 weeks <br />2.95268e-4 months <br />)
As shown in Table ll above, dividing the $257.4 million (rounded) budget for the reactor program by the reactor program direct FTEs (1,028.0) results in a rate for the reactor program of $250,403 per FTE for FY 1999. The Direct FTE Hourly Rate for the reactor program would be $141 per hour (rounded to the nearest whole dollar). This rate is calculated by dividing the cost per direct FTE ($250,403) by the number of productive hours in one year (1,776 hours0.00898 days <br />0.216 hours <br />0.00128 weeks <br />2.95268e-4 months <br />) as indicated in the revised OMB Circular A-76, " Performance of Commercial Activities." Dividing 14
F the $69.5 million (rounded) budget for the nuclear materials and nuclear waste program by the program direct FTEs (279.7) results in a rate of $248,728 per FTE for FY 1999. The Direct FTE Hourly Rate for the materials program would be $140 per hour (rounded to the nearest whole dollar). This rate is calculated by dividing the cost per direct FTE ($248,728) by the number of productive hours in one year (1,776 hours0.00898 days <br />0.216 hours <br />0.00128 weeks <br />2.95268e-4 months <br />).
?: !n FY i^^", the pre;-:::d h;; 'y 7;t:: h;;; h;;n d;ter olned t:::d en the pr:ne:p;; y th;; th; ;;rcher,e ;-::t; ;;; in;;; ;;-;-repr:;;; y nit-d en;y in th; I;- 17i ;nna;l i;. Any professional hours expended on or after the effective date of the final rule would be assessed at the FY 1999 hourly rates.
- 4. F E JUSTMENTS j Adjust the current Part 170 fees in $$170.21 and 170.31 to reflect both the changes in the revised hourly rates and the results of the review required by the Chief Financial Officers (CFO) Act. To comply with the requirements of the CFO Act, the NRC has evaluated historical professior,al staff hours used to process a new license application for those rnaterials licensees whose fees are based on the average cost method (flat fees). This review also included new
- license and amendment applications for Import and export licenses.
- Evaluation of the historical data shows that the fees based on the average number of professional staff hours needed to complete materials licensing actions should be increased in some categories and decreased in others to reflect the costs incurred in completing the licensing actions. The data for the average number of professional staff hours needed to complete licensing action were last updated in FY 1997 (62 FR 29194; May 29,1997). Thus, the revised average professional staff hours reflect the changes in the NRC licensing review program that have occurred since FY 1997. The proposed licensing fees are based on the i revised average professional staff hours needed to process the licensing actions multiplied by !
.the proposed nuclear materials professional hourly rate for FY 1999 of $140 per hour.
The proposed licensing fees reflect an increase in average time for new license l applications for 20 of the 33 materials fee categories included in the biennial review, a decrease 15
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in average time for 8 fee categories, and the same average time for the remaining 5 fee categories. The average time for export / import new license applications and amendments did not change for 6 fee categories in tG-C 70.21 and 170.31, and decreased for 4 fee
/ categories, fj ;
The amounts of the materials licensing " flat" fees were rounded so that the amounts would be de minimis and the resulting flat fee would be convenient to the ut,er. Fees under
$1,000 are rounded to the nearest $10. Fees that are greater than $1,000 but less than
$100,000 are rounded to the nearest $100. Fees that are greater than $100,000 are rounded to the nearest $1,000.
V v' The proposed licensing " flat" fees are applicable to fee categories 1.C 1.D and W 2.C[3IA through 3.P,kB through 9.D,10.B,15.A through 15.gand 16. Ap ications after the effective date of the final rule would be subject to the revised fees in this proposed rule
- 5. ADMINISTRATIVE Al/ENDMENTS t/
/ / 0 Arn<M ,
[ a. Q170.2, Scope, and $170.3, befinitions, to specifically include Certificates of Compliance (Certificates) issued pursuant to Part 76. The NRC issued two Certificates pursuant to Part 76 to the United States Enrichment Corporation for operation of the two gaseous diffusion uranium enrichment plants located at Paducah, Kentucky, and Piketon, Ohio.
This proposal would add Part 76 to the definition of Materials License in $170.3 (Uranium enrichment facilities are already defined in $170.3). These proposed changes are !
administrative changes to clarify the applicability of Part 170 fees to these Certificates. [(9 i
- b. Revise the definition of Insggctia0 , to specifically include performance assessments, evaluations, and incident investigations. This changeJould enmogiate NRC's .
proposal to include these activities in Part 170. mh </dLedi LANGUAGE ON PROJECT MANAGERS TO BE ADDED (GLENDA)
- c. Revise 9170.5, Communications, to indicate that all communications concerning Part 170 should be addressed to the Office of the Chief Financial Officer rather than the 16
p 1 11 Insert on page 15
' Copies of NUREGS may be purchased from the Reproduction and Distribution Section.
Office of the Chief Information Officer, U.S. Nuclear Regulatory Commis:icn, Washington, DC 20555-0001. Copies are also available from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161. A copy is also available for inspection and/or copying at the NRC Public Document Room,2120 L Street, NW (Lower Level), Washington, DC.
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Executive Director for Operations. Effective with the January 5,1997, NRC reorganization, the Executive Director for Operations no longer serves as the Chief Financial Of'icer. The Chief Financial Officer has delegated authority to exercise all authority vested in the Commission under 10 CFR Parts 170 and 171.
- d. Revise 9170.8 to reflect revised language on the applicability of the information collection requirements of the Paperwork Reduction Act to this proposed rule.
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- e. Delete the current exemption in $170.11(a)(11) for amendments to portable gauge
[ licenses issued ir' accordance with NUREG-155[ Volume 1, to change the name of the /
Radiation Safety Officer. This proposed rule would eliminate the requirement for amendment fees for these licenses and include the costs in the Part 171 annual fees. Therefore, the exemption would no longer be needed.
- f. Add 170.11(a)(12) to provide an exemption from Part 170 fees for those licensee-specific performance assessments or evaluations for which the licensee volunteers at NRC's request. This change would accomodate NRC's proposal to include performance assessments and evaluations in Part 170, except those for which the licensee volunteers at NRC's request and which are accepted by the NRC..
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- g. Revise 6170.12, Payment of Fees, to reflect the NRC's proposals to expand Part 170 to include performance assessments, evaluations, and incident investigations, and full cost
[ recovery for project managers. Thisji[ectibn would also be revised to delete references to amendment fees that are not based on full cost to reflect the NRC's proposal to eliminate these fees from Part 170 and include the costs in the Part 171 annual fee for these materials ,
licensees. Section 170.12(h), Method of Payment, would also be revised to specify the I information the NRC n to issue refunds. This change is necessitated by new quirements % N:.....ea viihe effective April 1,1999. j lbsf b econsc
/ /[ In summary, the NRC is proposing to:
/ / --(tr Assess Part 170 fees, for licenses subject to Part 170 full cost fees, to recover costs for
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n all plant or licensee-specific inspections, including performance reviews, assessments, evaluations, and incident investigations, and all of the project managers time excluding -
time spent on generic activities and leave time; t/ 3_ -(ii!)-- Eliminate " flat" amendment fees for materials licenses and recover endment[
costs through Part 171 annual fees assessed to materials licensees;
)
I g @ Revise the two 10 CFR Part 170 hourly ratesF / " "
GL b 9 -W -
Revise the licensing fees assessed under 10 CFR Part 170 M' to comp CFO Act's requirement that fees be revised to reflect the cost to the agency, and to reflect the revised hourly rates.
, B. Amendments to 10 CFR Part 171: Annual Fees for Reactor OOO;'OSO Licenses.
i and Fuel Cvele Licenses and Materials Licenses. Includina Holders of Certificates of V Comoliance. Reaistrations. and Quality Assurance Proaram Anorovals and Govemment Aaencies Licensed by NRC.
The NRC proposes major amandments to 10 CFR Part 171, and several administrative amendments to update information in certain sections and to accomodate the major proposed changes. These major changes would result in annual fees being assessed to
.licenso previously exempted from annual fees, increased annual fees for some licensees, and decreased annual fees for other licensees, To address concerns about pote *ial significant fee increases for certain licensees, the NRC is presenting two annual fee options for public comment, as described in 2. below. The Commission will determine which option to incorporate in its final rule after evaluating public comments.
The proposed changes are consistent with our statutory mandate; that is, charging a class of licensees for NRC costs attributable to that class of licensees. The changes are consistent with the Congressional guidance in the Conference Committee Report on OBRA-90, which states that the " conferees contemplate that the NRC will continue to allocate generic
, 18 r
- r. ]
l' l.
l costs that are attributable to a given class of licensees to such class" and the " conferees intend that the NRC assess the annual charge under the principle that licensees who require the greatest expenditures of the agency's resources should pay tt)e greatest annual fee" (136 Cong. Rec. at H12692-93). Costs not attributable tka class of licensees would be allocated /
following the conferees' guidance ;.t ;h 0%; that "the Commission should assess the '
charges for these costs as broadly as practicable in order to minimize the burden for these
, costs on any licensee or class of licensees so as to establish as fair and equitable a system as l Is feasible." (136 Cong. Rec. at H12692-3). The Conference Report guidance also provides that: "These expenses may be recovered from such licensees as the Commission, in its L discretion, determines can fairly, equitably and practicably contribute to their payment." As in the past, these costs would be allocated to the entire population of NRC licensees that pay annual fees, based on the amount of the budget directly attributable to a class of licensees.
a hi This results ing ' ~--%gher percentage of these costs being allocated to operating /
power reactor licensees as opposed to other classes of licensees.
vf The majo changes to Part 17 proposed y'" 9% aret e M NF a M"5 O _._
- 1. R[ ACTOR Diif0MMISSIONING/
! / '
SPENT
/ gew Fl/EL
[Njpe Sd l Revise 10 CFR Part 171.15 to eastablish a spent fuel storage / reactor d/ sha'g cy, decommissioning annual fee to be assessed to all Part 50 power reactor licensees, regardless i of their operating status, and to those Part 72 licensees who do not hold a Part 50 license. The full amount of the FY 1999 annual fee would be billed to those Part 50 licensees who are in a .
l decommissioning or possession only status upon publication of the F'! 1999 final rulp? V
' /l6
. j fayment would be due on the effecti/e date of the FY 1999 rule. For operating power reactors and those Part 72 licensees who do not hold a Part 50 license, the new fee would be added to the fourth quar 1er FY 1999 annual fee biMy adjustments for prior payments during FY /
1999 would be made in accordance with Q171.19(b). The current annual fees in 10 CFR p 171.16 for Part 72 licenses for independent spent fuel storage would be eliminated, b
'/ This proposed c unge would affect two existing NRC annual fee policies 19 L
[osts for generic and other activities related to dry storage of spent fuel that are not recovered through Part 170 licensing and inspection feesgre recovered through Part 171 annual fees yj assessed to all Part 72 licensees; and d (PWart J 171 annual fees are not assessed to reactor licensees in decommissioning or possession-only status. Power reactor licensees who are in a decommissioning or possession only status would, for the first time, be subject to Part
. O d I71 annual fees for their Part 50 licenshwever, these licensees currently pay an annual fe for any Part 72 license they hold. / g j/ft/c fp, y. I v, ,
j sine 6y h The NRC announced in the FY 199 e rulemaking L Fo rd _ Fo /
that it planned to reexamine the current annual fee exemption policy for licensees in decommissioning or holding possession only licenses and the annual fee policy for reactors'
\/ storage of spent fuel nd include any changes to the current fee policies in the FY 1999 fee /
rulemaking. One purpose of the review was to assure consistent fee treatment for both wet
\/ storage (i.e., spent fuel pool) and dry storage (i.e., independent spent fuel storage installations /
f v /MSFSis'))of spent fuel. The Commission previously determined that both storage options are W
considered safe and acceptable forms of storage for spent fuel. Under current fee regulations, Part 50 licensees in decommissioning who store spent fuel in the spent fuel pool are not assessed an annual fee, but licensees who store spent fuel in an ISFSI under Part 72 are assessed an annual fee.
> ,,- \
t[ ' As indicated previously, w-H$ Part 171 annual fees are not assessed to reactor h f licensees who have notitified the NRC that they no longer want an NRC license and have permanently ceased operations. This policy is based on the premise that the primary benefit 1 i
the NRC provides a licensee is the authority to use licensed facilities or material. Although j NRC's generic decommissioning activities support both licenses authorizing operations and those limited to decommissioning or possession only, only licensees with an operating license bear these costs. This becomes a larger problem for operating licensees becausgas the g number of operating licensees declines, the financial burden on the remaining active licensees increases. llc;;;;;r, the prepondcron;; cf th; ;;tMtlc; that er; ;;vor;d by th; annuel f;; !, i
- d to sp;;;Lc.g r;;;ter; er; rict ;-1lc;bl; to d;;c arnl;;!;nlng r;;;ter;. Thus, the l
change inimde(s fall power reactor licensees who benefit from NRC's generic activities bear a fair portion of these costs relating to decommissiong of reactors. I I
20 l
r:--
/'
il p"$
f, pl Ma mv.iu m .yom iuei .ivn.go Iders of licenses sued under Part 72 for j
- g/
'i-- -t-: - r: M mui.v. inmaneuv7(ISFSishe currently assessed annual fees for
. each Part 72 license they hold. Part 72 covers both general and specific licenses. The Part 72
(( . general licenses are granted to licensees who hold a Part 50 licens Part 72 specific /
l t licenses must be applied for and their issuance is not contingent upon the licensee holding a Part 50 license. Because the Part 72 general licenses are issued by regulation to all Part 50 l licensees, these licenses are subject to annual fees only when they have been used i.e, once t/ spent fuel has been loaded into the generally-licensed ISFS If a licensee holds ore than one
/
f
. Part 72 license, for example, a Part 72 general license and a Part 72 specific license for two different designs, they are assessed an annual fee for each license.
1 Costs for generic activities associated with storage of spet fuel in the spent fuel pool (wet storage) are currently included in the annual fee assessed to operating power reactors
/
~
because the Part'50 licenses cover a t ge. Thus,if a Part 50 licensee is in l decommissioning and stores spent fuel in the spent fuel pool, it is not assessed an annual fee.-
.On the other hand, if a Part 50 licensee is in decommissioning and stores spent fuel in an ISFSI, it is assessed an annual fee for each Part 72 ISFSI license used.
tv ov /' The current policy has raised three con rns: (' ee structure could create a
-V v / disincentive for licensees to pursue dry storag (d)h6e fairness of assessing multiple annual f
3
' fees if a licensee holds multiple ISFSI licenses for different designs; an[(t all affected p t'w
. licensees are being assessed the costs of NRC's generic decommissioning a'ctivities..
NRC's proposal to recover all generic costs related to both methods of spent fuel
/ storage and to reactor decommissioning through a spent fuel storage / decommissioning annual fee would address these concems. Section 171.15 ^'""
- bid be revised to include th spent fuel storage / reactor decommissioning annual fee to be assessed to Part 50 power reactor licensees and those Part 72 specific licensees who do not hold a Part 50 license. The annual fees in $171.16 for fee categories 18 and 13B would be eliminated. This change would not affect the manner in which licensing and inspection costs are recovere e., Part 170 fees would still be assessed to Part 72 licensees and to Part 50 licensees in decommissioning or
/ possession only status for licensing and inspection servicej The NRC would continue to 21 L
h L
L-
include the costs for generic decommissioning / reclamation costs for nonpower reactors, fuel facilities, materials, and uranium recovery licensees in the surcharge assessed to operating licensees, including operating power reactors.
- 2. A,dNUAL F,NS s / ;
Establish new baseline annual fees for FY 1999.- The annual fees in 99171.15 and 171.16 would be revised for FY 1999 to recover approximately 100 percent of the FY 1999 budget authority, less fees collected under 10 CFR Part 170 and funds appropriated from the 9 T'::".".'::'_: F=d and the General Fund. The total amount to be recovered through fees for FY 1999 is approximately $449.6 million, which is $5.2 million less than in FY 1998. The !
estimated amount to be recovered through Part 170 fees and other receipts for FY 1999 is
$107.3 million, compared to $94.6 million for FY 1998. The remaining $342.3 million would be !
recovered in FY 1999 through Part 171 annual fees, compared to $360.2 for FY 1998.
p Cfuse W JP75 ) (O FR ).1.2m)
. In the FY 1995 final fee ruik the NRC stated that it would stabilize annual fees as V/ follows For FY 1996 through FY 1999, the NRC would adjust the annual fees only by the percentage change (plus or minus) in NRC's total budget authority unless there was a substantial change in the total NRC budget authority or the magnitude of the budget allocated ,
to a specific class of licensees. If either case occurred, the annual fee base would be
\/ Y ' recalculated M The .00 Le M-u mat percentage change would be adjusted based on changes in 10 CFR Part 170 fees and other adjustments as well as on the number of licensees paying the fees. This method of determining annual fees is the " percent change" method. The FY 1996, FY 1997 and FY 1998 annual fees were based on the percent change method.
(4p d p,/7?C WR y y J'
In the FY 1996 final rul , the NRC stabilized the annual fees by establishing the annual g/Q fees for all licensees at a level of 6.5 percent below the FY 1995 annual fees. For FY 1997, the f
NRC followed the same method as used in FY 1996. Because the amount to be recovered through fees for FY 1997 was identical to the amount to be recovered in FY 106, establishing j new baseline fees was not warranted for FY 1997. Based on a change in the distribution l 22 1
l I
between Parts 170 and 171 fees, a reduction in the amount of the budget recovered for 1&6Fii Part 170 fees, a reduction in other offsetting adjustments, and a reduction in the number of licensees paying annual fees, the FY 1997 annual fees for all licensees increased 8.4 percent compared to the FY 1996 annual fees. In addition, beginning in FY 1997, the NRC made an
. adjustment to recognize that all fees billed in a fiscal year are not collected in that year.
l Because there had not been a substantial change in the NRC budget or in the magnitude of a k 4J specific budget allocation to a class of licensees, the NRC continued to stabilize the annual fees for FY 1998 by establishing the FY 1998 annual fees based on the percent change
)
\/ V ' metho nual fees were adjusted downward by 0.1 percent based on the percent change to j t/ the NRC budget authority from FY 199} and taking into consideration the estimated collections from Part 170 fees and the reduced number of licensees paying fees.
l Rebaselinina The NRC believes that it is appropriate to establish new baseline fees for FY 1999 I based on the program changes that have taken place since the baseline fees were established !
in FY 1995, including those resulting from the agency's strategic planning efforts, downsizing, !
reorganization of agency resources, and the proposed addition of a new annual fee class (spent !
fuel storage / reactor decommissioning) as previously described. In addition, there have been i several fee policy changes since FY 1995. Fee policy changes include the elimination of renewal fees in FY 1996 for most materials licensees, the proposed elimination of amendment fees for these licensees in FY 1999, and the inclusion of these costs in the materials licensees' annual fees.
Rebaselinina Ootions The NRC is specifically seeking pubgcomment on two optiona: cebaselining methods 7-.s for establishing the FY 1999 annual fees:IOption A, rebaselining without a capIdndhption B, g rebaselining with a cap so that no licensee's annual fee increases more than 50 percent from V FY 1998.kption ACx:.Nni,;.L',wt a uld result in a reduction in annual fees from FY 1998 of approximately 6.8 percent for each operating power reactor, which includes the proposed spent fuel storage / decommissioning annual fee to be assessed to these licensees, 23
h .
L :and reductions of approximately 7 to 49 percent for certain materials licensees. However, annual fees would increase dramatically for certain other licensees. For example, rebaselining
. without a cap would result in an increase of approximately 238 percent for solution mining
. licensees,127 percent for transportation cask users, and up to 56 percent for certain other materials licensees. Factors contributing to the annual fees increases are changes in budgeted costs, the increased hourly rates, decreases in the numbers of licensees and, for the smaller materials licenses' the' results of the biennial review required by the CFO Act as described in l _
above. The average time to conduct inspections andfre#Tew v new license applications/
b for the smaller materials license fee categories ar[u d to allocate the materials budget for y s
- gg rebaselining the annual fees because the[refleg complexity of the license. Tb
- , -t / >
W heases in the average professional time for inspections and reviews of new license
[ ' applications results in increased annual fees for the affected fee categoriesQall else [ remain the same, in addition, rebaselining reflects the renewal and amendment costs that would be included in the annual fee for these materials licensees, which were not included in FY 1995.
[ Option B/:tz:2 5; "*h =
x would also result in annual fee decreases for FY 1999 for operating power reactor licensees and certain materials licensees, and increases for Y other licenseegbdthe inYe'ases would be capped at 50 percent. Hawavarh decreases
- dd
/
under Option B would be slightly less than under Option A because the 50 percent cap on annual fee increases would result in approximately $800,000 being added to the annual fee
- l. . surcharge assessed to other licensees who pay annual fees. Because approximately 80 percent of the FY 1999 surcharge would be assessed to operating power reactors, the net d result of Option B ( :t :::....u;"h = ^== uld be a 6.76 percent reduction in annual fees for c FY 1999 for operating power reactors compared to'a 6.95 percent reduction under Option A l M& :P.!as r+M a e 7), a difference of approximtely $6,000 for each power reactor. The decreases under both options include the new spent fuel storage and reactor decommissioning l annual fee to be assessed to operating power reactor licensees. Other licensees whose l: rebaselined annual fees do not increase by 50 percent or more would also pay slightly more d ~
.under Option B (ceti:. /n; "9 e a-a than they would under Option et:::l;nla; =?.
m rent a L/ l Table ill below shows the FY 1999 proposed annual fees under both rebaselining 24 4
F.
t k options for representative categories oflicensees, i
l TABLE Ill l~
Class of Licensees Prooosed FY 1999 Annual Feg Option A Option B (without a cao) (with a cao)
Power Reactors Spent Fuel storage / reactor decommissioning Nonpower Reactors -
High Enriched Uranium Fuel Facility .
Low Enriched Uranium Fuel Facility
__ UF Conversion Facility-Uranium Mills l
Tvolcal Materials Licenses Radiographers Well Loggers Gauge Users !
Broad Scope Medical i
' The budgeted costs allocated to each class of licensees and the calculation of the rebaselined fees are described in below. The workpapers which support this proposed rule provide detailed information on the FY 1999 budgeted costs allocated to each ;
I l
class of licensees. The workpapers are may be examined at the NRC Public Document Room, '
2120 L Street NW (Lower Level), Washington, DC 20555-0001.
In addition to comments on the rebaselining method for determining FY 1999 annual 25 N
N L
- f yA.Y wa,l/c k $$s N 5 7" 0" #
j,
)
P ,
x fees, public comments are also being sought on whether the NRC should, in future. years, continue to use the percent change method and rebaseline fees every several years as established in the FY 1995 fee rule, or return to a policy of rebaselining annual fees every year, or every few years as circumstances require.
- 3. R[
t VISED' FdEL C/CLE AbD UbNIUM R[COVERY M[TRIXE
/ /
Use revised matrixes in the determination of annual fees for fuel facility and uranium recovery licensees. As part of the rebaselining efforts, the NRC is proposing to use a revised matrix depicting the categorization of fuel facility and uranium recovery licenses by authorized 1 material and use/ activity and the relative programmatic effort associated with each category.
- a. Fuel Facility Matrix g Th; ;;;;;;tbn of Pest 171 f;;; hn not ban reba;l bed ; bee th; IV 05 In Ru;;. Per th; N 1000 I;; Rub, the Nu;b;; Regubteri 0;mmlnlen ex;;uted ; reb;nlblng bltbtlv; alth ; dnlgn obj;"v; cf ;;beetbg f;; b;xd 0 , ; ibk bued appruch end The NRC is
! proposebou a evised fuel facility matrix based on the commensurate level of_ regulatory effort to l bene; or ;;;tlfi th; related to the various fuel facility categories from both safety and safeguards perspectives. Th; bltbt;v; cat; bd Lii.:ng the meth;debgy d;;;bped for the FY 05 I;; Rub wlth ; revised matrix wM results in the annual fees more accurately reflecting the cost of providing generk and other regulatory services to each fuel facility type.
The allocation of the NRC's $ million in budgeted costs to the individual fuel facilities is based on the revised matrix. r;;;ren;;d x-llcr The obj;;'Jv; cf r;;bbg th; metr;x b to j mere ;;;ur;;; y re";;; f.;;ncy genib ;;;;; atti;but.bb to fuc! cy;b f;;lllty llcenxx. The 1
revisions to the matrix were necessitated by the addition of the enrichment plants to the fee 26 l
1 i
1 i
base, changes in process operations at certain licensees and eleieteen-of a reduction of three /-
+- 2 licensees ( B&W Parks Township, B&W Research and General Atomic) frem the fe; Ma as the result of the termination of licensed activities. In the revised matrix, licensees are grouped I
into five categories according to their licensed activities ( l.e., nuclear material enrichment, i processing operations and material form) and according to the level, scope, depth of coverage and rigor of generic regulatory programmatic effort applicable to each category from safety and J safeguards perspectives. This methodology can be applied to determine fees for new licensees, current licensees, licensees in unique license situations nd certificate holders.
/
The methodology is amenable to changes in the number of licensees or certificate holders, licensed-certified material /activitiesgnd total programmatic resources to be recovered through annual fees. When a license or certificate is modified, given that NRC recovers approximately 100 percent of its generic regulatory program costs through fee recovery, this fuel facility fee methodology may result in a change in fee category and may have an effect on the fees assessed to other licensees and certificate holders. For example, if a fuel facility 1
licensee amended its license / certificate in such a way that it resulted in them not being subject to Part 171 fees applicable to fuel facilities, the budget for the safety and/or safeguards component would be spread among those remaining licensees / certificate holders, resulting in a higher fee for those remaining in the fee category.
i The methodology is applied as follows. First, a fee category is assigned based on ;
certain criteria and the nuclear material and activity authorized by license or certificate. !
l Although a licensee / certificate holder may elect not to fully utilize a license / certificate, the i
' license / certificate is still used as the source for determining authorized nuclear material ,
27 l
l
r:
I I
l possession and use/ activity. Next, the category and license / certificate information are used to determine where the licensee / certificate holder fits into the matrix. The matrix depicts the categorization of licensees / certificate holders by authorized material types and use/ activities and the relative programmatic effort associated with each category. The programmatic effort (expressed as a value in the matrix) reflects the safety and safeguards risk significance ,
associated with the nuclear material and use/ activity, and the commensurate generic regulatory program (i.e., scope, depth and rigor). l l
l Utlll ing thi; methed;;;;y, th; metrix to ;upport th; P'f 00 F;; Rul; v;;; r;vind t; r;";;t the 1 l
lmp;;t of th; ;ddit en of th; car lchment f;;;litlc; i; the f;; b;;;, chang;; in ;uthorized proc;n
- tivitic; at ;;rt;l
- . licenx;; ;nd th; d;l
- :;en ;f S&W I;rk; T;ven; hip, S&W R;x;rch and 1 0;ncre: At;ml: ;; th; r;;uit ;f the t; m:n;t:;n of l;;;n;;d ;;;;vitic;. T; king th; ;b;;; chang;;
int; ;;;;unt, the The relative weighted factors for the various subclasses are as follows:
No. of Relative Weiaht Per Facility Facilities Safety Safeguards High Enriched Uranium Fuel 2 Enrichment 2 Low Enriched Uranium Fuel 4 UF6 Conversion 1 Limited Operations Facility 1 Others 1 j The above weighted factors for the safety and safeguards portion are applied to the $ million base fee. To this base fee, the LLW and other surcharges are added.
28
1 D
Uranium Recovery Matrix 1
Of the ($ million in base budget plus million in surcharge )
attributable to the uranium recovery class of licensees, approximately million will be l
assessed to t% C4.,J. .c ' Mn OE recover the costs associated with DOE !f facilities under the Uranium Mill Tailings Radiaiton Control Act of 1978 (UMTRCA). The ,
remaining will be recovered through annual fees assessed to conventional mills, t solution mining uranium mills, and mill tailings disposal facilities. Because the proposed FY
)
j 1999 annual fees would result in certain uranium recovery licensees going from an annual billing process based on the anniversary date of their license to quarterly billing, those licensees would be billed upon publication of the final FY 1999 rule for the balance of the full FY 1999 annual fee. Payment of the balance of the FY 1999 annual fee would be due on the effective date of the FY 1999 rule.
The NRC is proposing to revise the matrix established in FY 1995 for establishing the annual fees for the conventional mills, solution mining uranium mills, and mill tailings disposal facilities. The revised matrix reflects NRC's significantly increased efforts related to i ih groundwater concerns for in-situ licenses, andkomewhat increased efforts related to
\/ !
groundwater concerns for conventional mills. The revised matrix also reflects an !
increase in regulatory efforts related to waste operations for in-situ licenses. The matrix has I also been updated to reflect the changes in the number of licensees within each fee category.
The number of conventional mills has decreased from 4 in FY 1995 to 3 in FY 1999 and the number of licensees in the solution mining fee category has increased by 1.
29 l
u
y
[ The methodologyJor establishing Part 171 annual fees for uranium recovery licensees r
has not changed:Ip(1) Ihe methodology identifies three categories of licen
/
uranium mills, solution mining uranium mills, and mill tailings disposal facilities, each of which benefits from the generic uranium recovery program 2) matrix relates the category and the level of benefit, by program element and subelementk3) two major program elements of the generic uranium recovery program are activities related to facility operations and those related to facility closur (4) Each of the major program elements was further divided into three o/
subelements (5) h three majolr subelements of generic activities related
(~ sel /
operations are activitieNuested to the operation of the mill, activities related to the handling and disposal of waste, and activities related to hevente#on of groundwater contamination. The three #
major subelements of generic acti elated to uranium facility closure are activities related to (iM {
decommissiort of facilities and cleanup of land; reclamation and closure of the tailings impoundment, and cleanup of contamined groundwater. Weighted factors were assigned to each program element and subelement.
The applicability of the generic program in each subelement to each uranium recovery category was qualitatively estimated as either signifcant, some, minor, or none.
I i
The resulting relative weighted factor per facility for the various subclasses and the proposed FY 1999 annual fee for each are as follows:
Number of Relative Weight Facilities Per Facility ,
4 30- !
v Class I facilities Class ll facilities ~
11e(2) disposal -
11e(2) disposalincidental
. to existing tailings sites CO-
~
Rare Earth Facilities g -
For rare earth facilities, the generic and other regulatory costs of $ have been spread uniformly among licensees who have a specific license for receipt and processing of V
source material. This results in an annual fee of $ for each rare earth facility.
( Materials Usersg To equitably and fairly allocate the $ million directly attributable to the
- approximately diverse material users and registrants plus the materials share of the surcharge ( ), the NRC has continued the methodology used in FY 1995 to establish baseline annual fees for this class. The annual fee is based on the Part 170 application fees
- and an estimated cost for inspections, Because the application fees and inspection costs are indicative of the complexity of the license thls approach continues to provide a proxy for allocating the generic and other regulatory costs to the diverse categories of licensees based l
l on how much jt costs NRC to regulate each category. The fee calculation also continues to
- consider the inspection frequency (priority), which is indicative of the safety risk and resulting . j
. regulatory costs associated with the categories of licensees. - The annual fee for these categories of licensees is developed as follows:
31.
l
f Annual fee = (Application Fee + Average Inspection Cost / Inspection Priority _ x constant
+ ((Unique Category Costs).
f 1
i
~ The constant is the multiple necessary to recovery million in FY 1999 is the unique costs are any special costs that the NRC has budgeted for a specific category of licensees. For FY 1999, unique cost of approximately were identified for the medical
~ development program which is attributable to medical licensees. ,
' Because the final FY 1999 fee rule will be a " major" final action as defined by the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC's fees for FY 1999 would become effective 60 days after publication of the final rule in the Federal Register. The NRC will send an invoice for the amount of the annual fee upon publication of the FY 1999 final rule i i
to reactors and major fuel cycle facilities. For these licensees, payment would be due on the
. . I effective _date of the FY 1999 rule. Those materials licensees whose license anniversary date
{
during FY 1999 falls before the effective date of the final FY 1999 final rule would be billed during the anniversary month of the license and continue to pay annual fees at the FY 1998 rate in FY 1999. Those materials licensees whose license anniversary date falls on or after the effective date of the final FY 1999 final rule would be billed at the FY 1999 revised rates during the anniversary month of the license and payment would be due on the date of the invoice.
l
- - - - -'S A MINISTRATIVE A ENDMENTS f_- / (\
- a. Section 171.13 would be amended to 1:cc ,:t'r tu pryse! . establish an annual fee for power reactors in a decommissioning or po session only status.
32 I
I 1
l l b. Section 171.15 would be revised to as follows:
cf J ,
(1) The heading for Seebori 171.15 would be revised to r S ion 171.15 a d: React censes and,ddependent[ pent pdel torage[icenses Y
/
(2) Paragraph (b) of 17 "I[1.15 would be revised in its entiret establish the FY 1999 annual fees for operating power reactors, power reactors in decommissioning or possession only status, and Part 72 licensees who do not hold Part 50 licenses. Fiscal year references would be changed frorn FY 1998 to FY 1999. The activities comprising the base FY 1999 annual fees and the FY 1999 additional charge (surcharge) are
/ listed in b) and (c) for convenience purposes. j JJ7/. /f l J
Each operating power reactor would pay an annual fee of $ in FY 1999,
! which includes an annual fee of for spent fuel storage / reactor decommissioning.
Each power reactor in decommissioning or possession only status and each Part 72 licensee who does not hold a Part 50 license would pay the spent fuel storage / reactor decommissioning annual fee of $ in FY 1999.
S (3) Paragraph (e) of Section 171.15 would be revised to show the amount of the j
V-y wea/d ,.
FY 1999 annual fee for nonpower (test and research) reactors. The NRC win continue to grant V exemptions from the annual fee to Federally-owned and State-owned research and test 33
r_
reactors that meet the exemption criteria specified in $171.11(a)(2).
'E
- V (4) Paragraph (f) of 171,15 would be revised to change fiscal year date references, an1!
- c. Section 171.16 would be av ;; s follows: /
(1) Section 171.16(c) covers the fees assessed for those licensees that can qualify as small entities under NRC size standards. A materials licensee may pay a reduced annual fee if the licensee qualifies as a small entity under the NRC's size standards and certifies that it is a small entity using NRC Form 526. This section would be revised to clarify that failure to file a small entity certification in a timely manner could form the basis for the denial of any refund that would otherwise be due. The NRC wbn$in o assess two fees for licensees that qualify as small entities under the NRC's size standards. In general, licenhs I would j with gross annual receipts of $350,000 to $5 mill onfpay a maximum annual fee of $1,800. A second or lower-tier small entity fee of $400 is in place for small entities with gross annual receipts of less than $350,000 and'small governmental jurisdictions with a population of less than 20,000. No change in the amount of the small entity fees is being proposed because the
- small entity fees are not based on budgeted costs but are established at a level to reduce the impact of fees on small entities. The small entity fees are shown in the proposed rule for convenience.
(2) Section 171.16(d) would be revised to establish the FY 1999 annual fees for
- materials licensees, including Govemment agencies, licensed by the NRC. The amount or 1
34
g
(
range of the proposed FY 1999 annual fees for materials licenses is summarized as follows:
Materials Licenses Annual Fee Ranoes Cateoorv of License Annual Feng Part 70 - High enriched fuel facility Part 70 - Low '
enriched fuel facility Part 40 - UF.
conversion facility .
4 i
Part 40 - Uranium $ to $
recovery facilities j
i l
Part 30 - Byproduct $to$' l
/ [ateria[ censes ,
Part 71 - Transportation 5 to $
of dioactive[terial /
35
Part 72 -Independent $
orage'of d j dt pentMclear y Auel
' Excludes the annual fee for a few military " master" materials licenses of broad-scope issued to Govemment agencies, which is $ .
(3) Footnote 1 of 10 CFR 171.16(d) would be amended to provide a waiver of the annual fees for materials licensees, and holders of certificates, registrations, and approvals, who either filed for termination of their licenses or approvals or filed for possession only/ storage only licenses before October 1,1998, and permanently ceased licensed activities entirely by September 30,1998. All other licensees and approval holders who held a license or approval on October 1,1998 subject to the FY 1999 annual fees.
kbuhl l} e Holders of new licenses issued during FY 1999 would be subject to a prorated annual fee in accordance with the current proration provision of $171.17. For example, those new veald +/
materials licenses' issued during the period October 1 through March 31 of the FY wifbe assessed one-half the annual fee in effect on the anniversary date of the license. New i
p eakI y'
- l materials licenses issued on or after April 1,1999, wifi not be assessed an annual fee for FY Y 1999. Thereafter, the full annual fee ibue and ayable each subsequent fiscal year on the /
anniversary date of the license. Beginning June 11,1996, (the effective date of the FY 1996 final rule), affected materials licensees are subject to the annual fee in effect on the anniversary date of the license. The anniversary date of the materials license for annual fee purposes is the first da'y of the month in which the original license was issued.
36 '
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- d. Section 171.19 Payment, would be follows:
Q ][v 111<l4 v' (1)L, : F.+h (b) would be revised to update the fiscal year references, to include a billing process for those licensees whose annual fee for the previous fiscal year was based on the anniversary date of the license d whose revised annual fee for the current fiscal year would be based on quarterly billing, and to give credit for partial payments made by certain licensees in FY 1999 toward their FY 1999 annual fees. The NRC anticipates that the first, second, and third quarterly payments for FY 1999 will have been made by operating power reactor licensees and some large materials licensees before the final rule becomes effective.
Therefore, the NRC would credit payments received for those quarterly annual fee assessments toward the total annual fee to be assessed. The NRC would adjust the fourth quarterly invoice to recover the full amount of the revised annual fee or to make refunds, as necessary. Payment of the annual fee is due on the date of the invoice and interest accrues
/ from the invoice date. However, interest wi waived if payment is received within 30 days from the invoice date.
g };po l'I' Y (2) c) would be revised to update fiscal year references.
I As in FY 1998, the NRC would continue to bill annual fees for most materials licenses a
[ on the anniversary date of the license (licensees whose annual fees are $100,000 or more w wsa/d /
continue to be assessed quarterly). The annual fee assessed w[be the fee in effect on the license anniversary date, unless the annual fee for the prior year was less than $100,000 and I
the revised annual fee for the current fiscal year is $100,000 or more, in this case, the revised )
i amount will be billed to the licensees upon publication of the final rule in the Federal Register, 37
r adjusted for any annual fee payments already made for that fiscal year based on the anniversary month billing process. For FY 1999, the anniversary date billing process applies to those materials licenses in the following fee categories: 1.C. and 1.D; 2 _ 3.A.
' through 3.P.: 4.A. through 9.D., and 10.8. For annual fee purposes, the anniversary date of the mateiials license is considered to be the first day of the month in which the original materials license was issued. For example, if the original materials license was issued on June 17 then, for annual fee purposes, the anniversary date of the materials license is June 1 and the licensee would continue to be billed in June of each year for the annual fee in effect on June 1.
Materials licensees with anniversary dates in FY 1999 before the effective date of the FY 1999 final rule will be billed during the anniversary month of the license and continue to pay annual
' fees at the FY 1998 rate in FY 1999. Those materials licen~.,ees with license anniversary dates falling on or after the effective date of the FY 1999 final rule would be billed, at the FY 1999 d
revised rates %uring the anniversary month of their licensgassihyment wj
="
date of the invoice.
. Ourbg 'h; ;::". ;lgh; ysi; cr.; .y lba:::; h:;; lndb:;d thet, ;%h; ugh ' hey hdd ;
nl d 7:30 lbr.n ;;'he,'....; the p-::::nbn ;r.d =; c' ; pub: nu;br, ;;ura, er bypreduc^.
mdgbl, they ;;;; -nha ne', ;;bs 'h; m;;;.-b: te enduct ep;.;;b ; Or h;d dbpend O' th; ,
i c.;;;bl ;nd n; base. r.::f:-d 'h; ;b .;;. ln rape ;;, ^he 7:30 he; ;;n;b:x. ly ;;ded 'h:t
- nna;l !s; se
- ::::::d b::d en ^4.hether ; lbr.x; he:d; - ;;l d i:30 lbr.x 'h:t ;
_. <_2___ _______.___2 ..__,__2.___ir..___i___, u m. _ it _ _ _ _ _ _ , :
...~,_-e______-,,.,--.._.-_.............. . . . ~ . , ~ . . .~ ,1______. . . - . . . . .. . _ _ . . _ , , . .
_..., l sr.fx^....; :;:..;b .; abg 'he mdsbl b ; md'; c' Zenn; db;e ba. Th; 7 00 sr.ne; w..;..l ;;'.;th; ; ;br.x: -bd; 0; ;-::::n ;nd u;; .;db="t;; m;'aZl ;na M resta= ; )
i l Man b;n 'h; 7 00. Thse!.re,The NRC reemphasizes that the annual fee will be assessed i
)
38 1 l
i l
based on whether a licensee holds a valid NRC license that authorizes possession and use of radioactive material. To remaweni uncer.;;nty, the NCC ;;;ued mlner c ;rlfying amcadment; l ([ I to 10 CPR 171.10, feetnetc; i and 7 en Ju!y 20,1003 (50 PR 00700).
[
. EnvironmentalImpact: Categorical Exclusion The NRC has determined that this proposed rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental impact assessment has been prepared for the proposed regulation. By its very nature, this regulatory action does not affect the environment, and therefore, no environmentaljustice issues are raised.
VI
. Paperwork Reduction Act Statement This proposed rule contains no information collection requirements and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
vil
. Regulatory Analysis With respect to 10 CFR Part 170, this propoyed rule was developed pursuant to Title V of the Independent Offices Appropriation Act of 1952 (lOAA) (31 U.S.C. 9701) and the Commission's fee guidelines. When developing these guidelines the Commission took into account guidance provided by the U.S. Supreme Court on March 4,1974, in its decision of National Cable Television Association. Inc. v. United States. 415 U.S. 36 (1974) and Federal 39
I I
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l
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l lNSERT A IV. Plain Language l
The Presidential Memorandum dated June 1,1998, entitled, " Plain Language in Government Writing," directed that the Federal government's writing be in plain language (63 FR 31883; June 10,1998). The NRC requests comments on this proposed rule specifically with respect to the clarity and effectiveness of the language used. Comments on the language used should be sent to the NRC as indicated under the ADDRESSES heading.
/
/
NWF to cover the NRC's high level waste program; er.d the ;;r.;r;' fund r;l;;;d :: ;;mincrcie:
- ...;Ts;;en c' ;;nt; et
- P.; 0;per;,, eat ;f Erergy H;nferd, V.';;t.;ngten ;ta, ;nd it.; pll;;
pigrera pfa'n,'n; to et.em,e: regu:;;;;n of tre 0;pf.i.ent c' Encrgy; (2) The annual fees shall, to the maximum extent practicable, have a reasonable relationship to the ecst of regulatory services provided by the Commission; and (3) The annual fees be assessed to those licensees the Commission, in its discretion, determines can fairly, equitably, and practicably contribute to their payment, in addelion, the NRC's F1j999 appropriations language provides.that $3.2 million appropriated Pom MGeneral Fund for activities misted to regulatory reviews and..other aseistance provided ,
W.the. Department.cf Energy,and_ otherfederal_ agencies be excluded.from_ fee. recovery, 10 CFR Part 171, which established annual fees for operating power reactors effective October 20,1986 (51 FR 33224; September 18,1986), was challenged and upheld in its entirety in Florida Power and Liaht Comoany v. United States. 846 F.2d 765 (D.C. Cir.1988),
cert. denied. 490.U.S.1045 (1989).
The NRC's FY 1991 annual fee rule was largely upheld by the D.C. Circuit Court of Appeals in Allied Sianal v. NRC. 988 F.2d 146 (D.C. Cir.1993).
ry
, Vll. Regulatory Flexibil:t/ Analysis
/
42
E l
l I
The NRC is required by the Omnibus Budget Reconciliation Act of 1990 to recover l l
approximately 100 percent of its budget authority through the assessment of user fees. OBRA.
90 further requires that the NRC establish a schedule of charges that fairly and equitably 1
allocates the aggregate amount of these charges among licensees.
l This proposed rule establishes the schedules of fees that are necessary to implement ;
, the Congressional mandate for FY 1999. The proposed rule would result irt both increases'and i dooreeses in the annual fees charged to licensees, and holders of certificates, registrations, and approvals. The Regulatory Flexibility Analysis, prepared in accordance with 5 U.S.C. 604, l is included as Appendix A to this proposed rule. The Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) was signed into law on March 29,1996. The SBREFA requires !
all Federal agencies to prepare a written compliance guide for each rule for which the agency is required by 5 U.S.C. 604 to prepare a regulatory flexibility analysis. Therefore, in compliance with the law, Attachment 1 to the Regulatory Flexibility Analysis (Amoum A k, thb ixm;..;'
'is the small entity compliance guide for FY 1999.
Vill. Backfit Analysis !
The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this proposed rule and that a backfit analysis is not required ror this proposed rule. The backfit analysis is not required because these proposed amendments do not require the modification of or additions to systems, structures, components, or the design of a facility or the design approval or manufacturing license for a facility or the procedures or organization required to design, construct or operate a facility.
l 43 I
205, Pub. L.101-576,104 Stat. 2842, (31 U.S.C. 901).
$n S as lC /
- 2. (ar2 ,170.2, paragraph (r)is added to read' S/70s-2.,
k Scopeq k P P V f ;
(r) An applicant for or c holder of a certificate of compliance issued purenanti 10
,/
CFR Part 76.
I g,g '
E /70. J J?ebdlNMSo
- t. y- y- tt r *f {W q
- 3. In Section 170.3, the definitionf.(Insoections isread as follows::
revised to p
x y Inspectiohet<ns: ~ Ond Nefe&lr l5!"Q cue.
(1) Routine inspections designed to evaluate the licensee's activities within the context of the licensee having primary responsibility for protection of the public and environmentf *
(2) Non-routine inspections in response or reaction to an incident, allegation, follot"up to inspection deficiene!es or inspections to determine implementtion of safety issues.
A non-routine or reactive inspection has the same purpose as the routine inspectionI ) /
(3) Reviews = and assessments of, licensee performancef' ) e, (4); Evaluations l.such as those. performed by Diagnostic Evaluation $nmsf / 0 4. /
[5) Incident investigationsp Y h Y [ )(-
" Materials License" means a license, certificate, approval, registration, or other form of l under I !
permission issued by the NRC p >r-* tEhe regulations in 10 CFR parts 30, 32 through 36, i
39,40,61,70,71,72 and 76. '
I w r 45 l
p
- 4. Section 170.5 is revised to read as follows:
6170.5 Communications.
All communications concerning the regulations in this part should be addressed to the Chief Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Communications may be delivered in person at the Commission's offices at 11555 Rockville Pike, Rockville, MD.'
- l p ,
,l)
@ (!!
] b c(Y d d.8 Informat c ction reauirementsMnroval. h' f f#
jh Thisfr sed rulf contai s no infor ation irements d, therefore, is not collection re subjecLto t requirements of the pork Reduction Act of 19 (44 .S.C. 3501 et seg .
S 6 M. In Secto b 170.11, paragraph (a)(11)is removed and reserved and paragraph (a)(12) is added to read as follows:
6170.11 Exemotionsg 6z) P y- y- / ;
M)(11) [ Reserved). {
.f L9- (c)(12) A performance assessment or evaluation for which the licensee 46
L volunteers at NRC's request and which is selected by the NRC.
y t t + t
( --7. Section 170.12 is revised to read as follows:
6170.12 Pavment of fees.
(a) Application fees. F;;; for app;lc;;;;n; for m;ter ::: ll con;;; not ;uy;;; to fu:l ce;;
res; veri mu;!;;;;rV y-n l
th; epp;;;;;;;n when it i;';l d. Each application for which a fee is eM tok prescribed shahbe accompanied by a remittance ik the full amount of the fee. The NRC will not issue a new license or an amendment increasing the scope of an existing license to a befne ser*Hiny /
higher fee category or addin0 a new category prior 'e receipt [the prescribed fee. At M U yhelbu application fees will charged !'rev+ive dthe Commission's deper!Sa the applicatione 04 /7eki)
^r ; wnhdr;?;;l of the application, OfffrW.C 7)e op,,7 fi ea/fui; ke h alw Cbomec/ W Ne W/hn/ k '// d n as (b) Licensing fees. - (1) Licensing fees will be assessed to recover full costs forFrne~ F ffG) review of applications for new licensest Amendments to and renewal of existing li nses or
)f(01) 5 --
(A) approvals; andf5ther documents submitted to the NRC for review (such achhancial assurance 5-r ff(B) L =-
(d submittals that do not require a license amendment Asponses to Confirmatory Action Lettersi i E ~ // O2)
// .3Granium recovery iicensee's iand-use survey reports and,10CD CFR 50.71 final safety analysis
) ord (h) reports geapplication consultations and reviews! and ,
recover the full cost for project
., c managers assigned to a specific plant or facility, excluding leave time and time spent on generic r /((2]
activities (such as rulemaking). LFull cost fees will be determined based on the professional staff l
l time and appropriate contractural support services expended. The full cost fees for i
professional staff time will be determined at the professional hourly rates in effem the the time 47 L
[
l l
[
f the service was provided. The full cost fees are payable upon notification by the Commission.
[fk The NRC intends to bill each applicant or licensee at quarterly intervals for all accumulated costs for each application or document the applicant or licensee has on file for NRC review, until the review is completed, except for costs that were deferre l pf <r 1991. The deferred costs will be billed as described in graphs (3) and (4 f this section.
' fe/ 5 f \
Each bill will identify the applications and documents submitted for review and the costs relate bpl pt V
to each. Il,ch'jF'
\
t
\
It cj \
00 d' "
(1) The NRC intends to bill each applicant or licensee for costs related to project
- peJ '
lr /
N,,jpt?
F manager time and preapplication consultations and reviews on a quarterly basis . Each bill wi
/
identify the costs related to project manager time and preapplication consultations and reviews.
l (c) Inspection fees. (1) Inspection fees will be assessed to recover full cost for each resident inspector assigned to a specific plant or facility. The fees assessed will be based on the number of hours that each inspector assigned to the plant or facility is in an offical duty status (i.e., all time in a non-leave status will be billed), and the hours will be billed at the appropriate hourly rate established in 10 CFR 170.20.
(2) Inspection fees will be assessed to recover the full cost for each specific inspection, including plant- or licensee-specific performance reviews and assessments, l evaluations, and incident investigations. For inspections that result in the issuance of an inspection report, fees will be assessed for costs incurred up to approximately 30 days after the 48 l
p L
_ inspection report is issued. The costs for these inspections include preparation time, time on site, documentation time, and follow-up activities and any associated contractural service costs, but exclude the time involved in the processing and issuance of a notice of violation or civil penalty, Resident inspector time related to a specific inspection will be assessed in accordance with paragraph (c)(1) of this section, and wil not be reflected in the costs billed for the specific inspection.
(3) Fees for resident inspectors' time and for specific inspections subject to full cost recovery will be billed on a quarterly basis and are payable upon notification by the Commission.
'(d) Specia/ Project Fees. Fees for applications for special projects such as topical reports, financial assurance submittais which do not require a license amendment, responses to Confirmatory Action Letters, uranium recovery licensees' land-use survey reports, and 10 CFR 50.71 final safety analysis reports, are based on the full cost of the review and are payable upon notification Ly the Commission. The NRC intends to bill each applicant at quarterly intervals until the review is completed. Each bill will identify the documents submitted for_reylew appleenhene-and the costs related to each.
i -
4 B. Section 170.20 is revised to read as follows: !
L $170.20 Avernos cost oer orofessional staff-hour. !
i 49 '
c.
Fees for permits, licenses, amendments, renewals, special projects, Part 55 requalification and replacement examinations and tests, other required reviews, approvals, and inspections under $$170.21 and 170.31 thetere t :: ' upr, tra 'u:l -:-:-etc. 'er it; ccsl:;; cr inspechewwill be calculated using the following applicable professional staff-hour rates:
J Reactor Program - $141 per hour
($170.21 Activities)
Nuclear Materials and $140 per hour Nuclear Waste Program
($170.31 Activities)
S)
. in $170.21, the introductory text, Category K, and footnotes 1 and 2 to the table are revised to read as follows:
- $170.21 Schedule of fees for oroduction and utilization facilities. review of standard referenad desian anorovals. soecial orolacts. insoections and imoort and exoort licenses.
Applicants for construction permits, manufacturing licenses, operating licenses, import
. and ' export licenses, approvals of facility standard reference designs, requalification and replacement examinations for reactor operators, and special projects and holders of construction permits, licenses, and other approvals shall pay fees for the following categories of services.
50
in4EDULE OF FACILITY FEES (See footnotes at end of table)
Facility Categories and Type of Fees FeesV3 1
..... I K. Import and export licenses:
1 Licenses for the import and export only of production and utilization facilities or the p
export only of components for production and utilization facilities issued pur;;ui-A 10 CFR Part 110.
- 1. Application for import or export of reactors and other facilities and exports l of components which must be reviewed by the Commissioners and the 1
Executive Branch, for example, actions under 10 CFR 110.40(b).
i Application-new license . . . . . . . . . . . . . . . . . . . . . . . . . . . . $9,100 j Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $9,100
- 2. Application for export of reactor and other components requiring Executive Branch review only, for example, those actions under 10 CFR 110.41(a)(1)-(8).
i 51 i
i Application-new license ' . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,600 Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,600 :
- 3. Application for export of components requiring foreign government assurances only. l i
Application-new license - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.700 l
Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,700
- 4. Application for export of facility components and equipment not requiring l
l Commissioner review, Executive Branch review, or foreign government l assurances.
Application-new license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,100 Ame nd me nt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,100
- 5. Minor amendment of any export or import license to extend the expiration date, change domestic information, or make other revisions which do not require in-depth analysis or review.
Amend me nt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....$210
,le s.
L ' Fees will not be charged for orders issued by the Commission $2 202 of this t/
chapter or for amendments resulting specifically from the requirements of these types of 1
52 L
F, C
Commission orders. Fees will be charged for approvals issued under a specific exemption provision of the Commission's regulations under Title 10 of the Code of Federal Regulations 9 in the fulve,,
(e.g., $$50.12, ~73.5) and any other section ow or regardless of whether the approval is 'in the form of a license amendment, letter of approval, safety evaluation report, or other form. Fees for licenses in this schedule that are initially issued for less than full power are l
based on review through the issuance of a full power license (generally full power is considered 100 percent of the facility's full rated power).- Thus, if a licensee received a low power license or a temporary license for less than full power and subsequently receives full power authority
-(by way of license amendment or otherwise), the total costs for the license will be determined through that period when authority is granted for full power operation. If a situation arises in
- which the Commission determines that full operating power for a particular facility should be less than 100 percent of full rated power, the total costs for the license will be at that determined lower operating power level and not at the 100 percent capacity, i
2 Full cost fees will be determined based on the professional staff time and appropriate contractual support services expended. For applications currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the review of the application up to the effective date of the final rule will be determined at the professional rates in effect at the time the service was provided. For those applications currently on file for which review costs have reached an applicable fee ceiling
~
established by the June 20,1984, and July 2,1990, rules but are still pending completion of the
. review, the cost incurred after any applicable ceiling was reached through January 29,1989,
- i. - will not be billed to the applicant. Any professional staff-hours expended above those ceilings on or after January 30,1989, will be assessed at the applicable rates established by $170.20, 53 1
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s
as appropriate, except for topical reports whose costs exceed $50,000. Costs which exceed
$50,000 for any topical report, amendment, revision or supplement to a topical report completed or under review from January 30,1989, through August 8,1991, will not be billed to the applicant. Any professional hours expended on or after August 9,1991, will be assessed at the applicable rate established in 9170.20. In no event will the total review costs be less than twice the hourly rate shown in 9170.20.
T
[0. Section 170.31 is revised to read as follows:
G170.31 Schedule of fees for materials licenses and other regulatorv services. including insoections. and imoort and exoort licenses.
l Applicants for materials licenses, import and export licenses, and other regulatory services and holders of materials licenses, or import and export licenses shall pay fees for the l
following categories of services. This schedule includes fees for health and safety and {
safeguards inspections where app (icable.
SCHEDULE OF MATERIALS FEES (See footnotes at end of table)
Category of materials licennes and tyoe of fees' 2 Eee.3
- 1. Special nuclear material:
54
/
- 3. Byproduct material:
i ths
_ A. Licenses of broad scope for ssession and use of byproduct material issued p= sad 'gParts 30 and 33 of this chapter for unhn processing or manufacturing of items containing byproduct material for commercial distribution:
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6,600 B. Other licenses for possession and use of byproduct material issued up)nt
=="=* to Part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution:
Application . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,400 vNel-C. Licenses issued pasuantd$j32.72,32.73, and/or 32.74 of this
/
Jh&
chapterlinuthoriz he processing or manufacturing and
/
distribution or redistribution of radiopharmaceuticals, generators, reagent kits and/or sources and devices containing byproduct 11
/
material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under 10 CFR,170.11(a)(4). These l' 58
licenses are covered by fee Category 3D.
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,200 i
unJe t D. Licenses and approvals issued pu uent th6932.72,32.73, and/or 32.74 of this chapter authorizing distribution or redistribution of radiopharmaceuticals, generators, reagent kits,and/or sources or devices not involving processing of byproduct material. This ynhit category includes licenses issued pu~uent th6632.72, 32.73, b and/or 32.74 of this chapter to nonprofit educationalinstitutions whose processing or manufacturing is exempt under 10 CFR 170.11(a)(4).
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,400 l
E. Licenses for possession and use of byproduct materialin sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded uhits):
I Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1.700 F. Licenses for possession and use of less than 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposcd for irradiation purposes. This 59 L
[ .
category also includes underwater irradiators for irradiation of materials where the source is not exposed for irradiation purposes.
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,300 1
G. Licenses for possession and use of 10,000 curies or more of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials where the source is not exposed for irradiation purposes.
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,400 and
H. Licenses issued p=rt [Subpart A of Part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of Part 7Ms coh o c/ces nof inckle 30 of this chapteg a specific licens,es authorizing redistribution -
of items that have been authorized for distribution to persons exempt from the licensing requirements of Part 30 of this chapter:
I Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,000
,.(ynd'A
- 1. Licenses issued pwouanHe Subpart A of Part 32 of this chapter to distribute items containing byproduct material or quantities of ;
I 60 I'
l l
I l
1 byproduct material that do not require device evaluation to persons exempt from the licensing requirements of Part 30 of this chapteg 1 f);is cafego, dou o g jod &c i r::;: Sr spec' ic licenses authorizing redistribution of items that /
I have been authorized for distribution to persons exempt from the I licensing requirements of Part 30 of this chapter: ,
1 '
I Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,200 '
U N J. Licenses issued Pw r-t i Subpart B of Part 32 of this chapter to l
)
distribute items containing byproduct material that require sealed '
source and/or device review Th b ca to lepersons y t/resgenerally su/iw licensed underluh -
Part 31 of this chaptge specific licenses 7uthorizing redistribution of items that have been authorized for distribution to persons generally licensed under Part 31 of this chapter:
Application . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . $ 1,000 undrL K. Licenses issued reuent t[Subpart B of Part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require sealed source an'9or device i review to persons generally licensed under Part 31 of this chapteg Thir rafebvy cloer ne/ Jadede Mt specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under Part 31 of this chapter: 1 61 i
l u
r t = w.-- - ...am t, -
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $600 L. Licenses of broad scope for possession and use of byproduct udea I
material issued p"~t' eat .. arts 30 and 33 of this chapter for l research and development that do not authorize commercial distribution:
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,500 l
l M. Other licenses for possession and use of byproduct material issued unkx Cat zrr.t to Part 30 of this chapter for research and development ,
v' that do not authorize commercial distribution:
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , $2,300 N. Licenses that authorize services for other licensees, except:
l (1) Licenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee Category 3P; and 1
l (2) Licenses that authorize waste disposal services are subject to the
! fees specified in fee Categories 4A,4B, and 4C:
l l-l Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,300 62 l
l' l
L
i O. Licenses for possession and use of byproduct materialissued ar de L k pu- r t4o Part 34 of this chapter for industrial radiography operations:
l Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,800 P. All other specific byproduct material licenses, except those in Categories 4A through 9D:
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,300
- 4. Waste disposal and processing:
A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authorized to receive or dispose of waste material.
I Licensing and inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . Full Cost 63
\
l B. Licenses for possession and use of byproduct material for field flooding tracer studies:
Licen61 ng . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Full Cost
- 6. Nuclearlaundries:
A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material: #
1 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11,200
- 7. Medicallicenses:
u n00 A. Licenses issued per"an Parts 30,35,40, and 70 of this chapter f l v
l for human use of byproduct material, source material, or special '
nuclear material in sealed sources contained in teletherapy devices: 2 1
1 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6,100 B. Licenses of broad scope issued vneint more-phyeleiene prd,'[ Parts 30,33,35,40, and 70 of this V, 3
I chapter authorizing research and development, including human use 65 i
! I i
l \
i 1 ?
l I
of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices:
i 1
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,400 U M#
C. Other licenses issued ~2--'2M thParts 30,35,40, and 70 of this chapter for human use of byproduct material, source material, and/or /
special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices:
l Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,400
- 8. Civil defense; j
I I
A. Licenses for possession and use of byproduct material, source I material, or special nuclear material for civil defense activities:
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5320 l l
1 l
- 9. Device, product, or sealed source safety evaluation:
i l
A. Safety evaluation of devices or products containing byproduct 4
1 66 1
1 i
l Licensing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Full Cost B.- Inspections related to spent fuel storage cask Certificate of Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Full Cost C. Insps::tions related to storage of spent fuel under $72.210 of this chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Full Cost 1
l
- 14. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or j site restoration activities pu erst- 10 CFR Parts 30,40,70, and 72 of l this chapter: udm i
I Licensing and inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . Full Cost ;
l
- 15. Import and Export licenses: '
- ^
v4 Licenses issued pum' eat 5 i CFR Part 110 of this chapter for the import and export only of special nuclear material, source material, tritium and other byproduct material, heavy water, or nuclear grade graphite.
l l
l A. Application for exp3rt or import of high enriched uranium and other i
l l materials, including radioactive waste, which must be reviewed by i
. the Commissioners and the Executive Branch, for example, those 69 L
- 16. Reciprocity:
Agreement State licensees who conduct activities under the reciprocity provisions of 10 CFR 150.20.
Application (initial filing of Form 241) . . . . . . . . . . . . . . . . . . . $1,100 Revisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200 l
$ Tvoes of fees - Separate charges, as shown in the schedule, will be assessed for preapplication consultations and reviews and applications for new licenses i l
and approvals, issuance of new licenses and approvals, certain amendments and renewals to existing licenses and approvals, safety evaluations of sealed sources and devices, and certain inspections. The following guidelines apply to these charges:
(a) Application fees Applications for new materials licenses and export and import : ;fp;;v;l:; applications to reinstate expired, terminatogr inactive licenses ;d ;ppr;;;l; except those subject to fees assessed at full costafe'e d-applications filed by Agreement State licensees to register under the r3 general license provisions of 10 CFR 150.20) and applications for amendments to materials licenses that would place the license in a higher fee category,or. add a new fee _ category must be accompanied by the prescribed application fee for each categorygeh 72
p l
I (1)' Applications for licenses covering more than one fee category of special nuclear material or source material must be accompanied by the i
j prescribed application fee for the highest fee category.
l l
l (2) Applications for new licenses that cover both byproduct material and specia! nuclear material in sealed sources for use b gauging devices will pay the appropriate application fee for fee Category 1C only.
'(b) Licensina fees. Fees for reviews of applications for new licenses and for renewals and amendments to existing licenses, for preapplication consultations and reviews for reviews of other documents submitted to NRC for
! review, and for project manager time for fee categories subject to full cost fees l
(fee Categories 1 A,1B,1E,2A,4A, 5B,10A,11,12,13A, and 14) are due upon l notification by the Commission in accordance with $170.12(b), (e), and (f).
(c) nan:='/ :::;=.! ::x. App::s::;n; ;;y;;; ;; fa:: a;; f;n (fx l 0;;;;;;r:e; 1 A, i S,10, 2A, 4A, SS,10A,11,10A, ;nd 14) ;;; d;; up;n f- ne::'s::en by th; 0;mm :ie, in ;;;rdena ;;Mh Gi70.12(d).
C !
. ( )' Amendment /devision /aes.
/ / :
i Applications for amendments to export and import licenses and revisions to reciprocity initial applications must be accompanied by the prescribed amendment / revision fee for each license / revision affected. An application for an !
.73 i i i
i amendment to a license or approval classified in more than one fee category must be accompanied by the prescribed amendment fee for the category affected by the amendment unless the amendment is applicable to two or more fee categories in which case the amendment fee for the highest fee category would apply. T;- tre;; ;;;;r.::: end ; ppis;l; abj;;t to Sll we@
C:t:;; ti, i A,10,1E, 2A, 4A, SS,10A, ii,12,10A, ;r.d 14), ;mendm;r.: in
- r; d;; upon r ^~ ~
- T: . by 2.; 0;.T-.'::': '- - =dr.;; xi ;1?^ '?( '
Dr yey k/w/ /u pm ove Q) t 0} "I WWlf g) App ;2=a e arm =e ll2== ;;== n; =;ll m=;.r:
pie,7;m;, d.; r. d ;mer.tl...; or ieen% min;On pre;;dur; ;; .;;;l=d, ;;;
r.;; ;;bj;;t to Sn.
(e) Inspection fees inspections resulting from investigations conducted by the Office of Investigations and nonroutine inspections that result from third-party allegations are not subject to fees. The Sn ::::;nd ;t Sll s;; lll b; d;% mlr.ed i:::d en th; pret::::-n;l ;%% t;m; requlmd to cr.ds;t 0.;
inspa-:t;;n mut.pll;d by the 7;% sMbll;ted ur. der i170.20 pl= eny ;ppllnbl; s.t.;;ts;l wppert nr.la; s;O :nwned. lnspection fees are due upon notification by the Commission in accordance with $170.12(g).
UA)l'lL 8 Fees will not be charged for orders issued by the Commission 0 CFR 2.202 or for amendments resulting specifically from the requirements of these types of Commission orders. However, fees will be charged for approvals issued under a specific exemption provision of the Commission's regulations 74 i 1
w_ .. ,
e- _. -
under Title 10 of the Code of Federal Regulations (e.g.,10 C5R 30.11,40.14, 70.14,73.5, and any other sections now M.::: .' effe relardless of [g/ane [ f whether the approval is in the form of a license amendment, le rof approval, safety evaluation report, or other form. In addition to the fee shown, an applicant may be ass ssed an additional fee for sealed source and device evaluations as shown in Categories 9A through 90.
8 Full cost fees will be determined based on the professional staff time multiplied 4- f by the appropriate professional hourly rate established.in SectmL170.20.in effect //
yho
.at the time the service is provided ndfa~ppropriate contractual support services y expended. F;; then :pp::::a; ;;- =t:y en 'll: =d for 2 c, ';;; ;.r; d;;;=: red h::d en tre ';l ;;;t ;; pend;d for tre 7:^;;;^;., ;te pref;::!s;l ;;;"
ten; ;;p;nd;d fer ta r;-i';; cf th; :pp :e;;;x up to the ;"estte; d;;; ;' tre f.n;l r;!; ^.;lll be it; ;n:ced et :Pe pref:::!x;' 7 ::; in ;";;; et tre t;.T; th;
- re;;e ;;;; pre;;ded. For applications currently on file for which review costs have reached an applicable fee ceiling established by the June 20,1984, and July 2,1990, rules, but are still pending completion of the review, the cost incurred after any applicable ceiling was reached through January 29,1989, will not be billed to the applicant. Any professional staff-hours expended above those ceilings on or after January 30,1989, will be assessed at the applicable rates established by $170.20, as appropriate, except for topical reports whose costs exceed $50,000. Costs which exceed $50,000 for each topical report, amendment, revision, or supplement to a topical report completed or under !
review from January 30,1989, through August 8,1991, will not be billed to the l 1
75 1
e applicant. Any professional hours expended on or after August 9,1991, will be assessed at the applicable rate established in $170.20. The m:n: mum tete'
- ~.; ;;;; i; tecie; th; h;u 'y .;;; ;h;;;n in $170.20.
- Licensees paying fees under Categories 1 A,1B, and 1E are not subject to fees under Categories 1C and 1D for sealed sources authorized in the same license A
except !n t50:e !arten::: h 't: 5!Ea[n* application deals only with the sealed sources authorized by the license. //Jef 8 Fees will not be assessed for requests / reports submitted to the NRC:
(a) In response to a Generic Letter or NRC Bulletin that does not result in an amendment to the license, does not result in the review of an attemate method or reanalysis to meet the requirements of ihe Generic Letter, or does not involve an unreviewed safety issue; 4
l 1
(b) In response to an NRC request (at the Associate Office Director i
level or above) to resolve an identified safety, safeguards, or environmental l 1
issue, or to assist NRC in developing a rule, regulatory guide, policy statement, generic letter, or bulletin; or l
(c) As a means of exchanging information between industry organizations and the NRC for the purpose of supporting generic regulatory improvements or efforts.
76
ppn
- I f**Y 1
/6 4;The "";.(Mh[17_1 is revised to read as follows:
PART 171 - ANNUAL FEES FOR REACTOR OPERAHNG-LICENSES AND FUEL CYCLE LICENSES AND MATERIALS LICENSES, INCLUDING HOLDERS OF CERTIFICATES OF COMPLIANCE, REGISTRATIONS, AND QUALITY ASSURANCE PROGRAM APPROVALS AND GOVERNMENT AGENCIES LICENSED BY THE NRC.
f M. The authority citation for Part 171 continues to read as follows: v Authority: Sec. 7601, Pub. L.99-272,100 Stat.146, as amended by sec. 5601, Pub. L.100-203,101 Stat.1330, as amended by Sec. 3201, Pub. L.101-239,103 Stat. 2106 as amended by sec. 6101, Pub. L.101-508,104 Stat.1388, (42 U.S.C. 2.213); sec. 301, Pub. L.92-314, 86 Stat. 222 (42 U.S.C. 2201(w));
sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841); sec. 2903, Pub. L.102-486,106 Stat. 3125, (42 U.S.C. 2214 note).
P %. Section 171.13 is revised to read as follows:
6171.13 Notice.
Mn 171.14 nvuw.
The annual fees applicable to any NRC licensee subject to this part 77
l and calculated in accordance with $9171.15 and 171.16, will be published as a '
riotice in the Federal Register as soon as ut no at than the third f
l quarter of the fiscal year. The annual fees will become due and payable to the o.c nWuahcf in f usNs-Abey% fxer* *M i NRC 5 :::::dsee ed. 5171.197=,=' : p ;dd:d ..-66114.17< Quarterly l
payments of the annual fee of $100,000 or more will continue during the fiscal L year and be based on the applicable annual fees as shown in $$171.15 and 171.16 until a notice concerning the revised amount of the fees for the fiscal year -
-N /
is published by the IrRC. If the NRC is unable to publish a final fee rule that becomes effective during the current fiscal year, s would be assessed !
based on the rates in effect for the previous fiscal year.
$6l5bn O% 71.15; nar.gr.nh. rat (b) tr) h: ;i;;;g ;;e, (:;(1), ( )(2), /
(a) and (9 ::; revised to read as follows:
L .,
i l l5 6171.15 Annual Fees: Reactor ;;;;;L ,; licenses and anant fuel ptorage/ reactor decommissioning (a)iEsch person licensed to operate a power, test, or research reactor ( )
each person holding a Part 50 power reactor license that is in decommissioning or possession only.statushand each person holding a Part 721icense who does t not_ hold a Part 50. license shall pay the annual fee for each. unit for.each license held at any time during the Federal FY in which the fee is dugaces ivi uiv.e 7//>/'"F"N pot ojyrly fc test and research reactors exempted $171.11(a)(4) .ud (;)(b up//A L
78
]
i L I
l t
(/)
l (b) The FY 1999 annual fee for each operating power reactor which
=ct M e- :::: red by 4;;ik.~ 00,1000, would be the amount shown in Option A or Option B &*' - as m*0led N /N'/M/? N I N ' N N l' #
Sec Oth&
e f(0 /.. (
f' h Option A (Rebaselining without a cap): $2,769,000g f[l I_ Option B (Rebaselining with a 50 percent cap): $2,775,000g p
l 0
The FY 1999 annual fee is comprised of a base operating power reactor annual fee, a base spent fuel storage / reactor decommissioning annual fee, and associated additional charges (surcharges). The activities comprising the spent spent storage /reactqr decommissioning base annual fee are shown in paragraph 1-G) am/ C)))
/
(c)( . - . .
f this section. The activities comprising the surcharge are shown In paragraph (d)fof this section. The activities comprising the base annual fee for -
, operating power reactors are as follows:
( . ,
, % .i -
/ [} 1) Power reactor safety an(safeguards ~ regulation except licensing and inspection activities recovered under Part 170 of this chapter and generic reactor /
decommissioning activities.
)
If h) . Research activities directly related to the regulation of power '
reactors except those activities specifically related to reactor decommissioning.
s-I
) Generic activities required largely for NRC to regulate power 79
n .. - - ._..w. . . - - - - - - - . - - . - . . .
l reactors, e.g., updating hrt 50 of this chapter, or operating the incident 4 i
Response Centog pecifically related to reactor decom.aissioning.. j d y j, oe//vifi.s l0 J'l i"lN " b U, Of (0
(c) The FY 1999 annual fee for each power reactor holding a Part 50 l
[ license that is in a decommissioning or possession only status and each independent spent fuel storage Part 72 licensee who does not hold a Part 50
)
license would be the amount shown in Option A or Option B MW 9 4 / 4 " ' " b '/ ,
pass 9paphr R)O](lI'"Y
\ (ii) c{ $ bit F'lfV10 Option A (Rebaselining without a cap): $199,000g I jf db IOption B (Rebaselining with a 50 percent cap): $199,000/, G)
C))
! This fee is comprised of a base spent fuel storage / reactor decommissioning annual fee (this fee is also included in the operating power l
reactor annual fee show in paragraph (b) of this section), and an additional l
- charge (surcharge). The activities comprising the surcharge are shown in paragraph (d)bf s section. The activities comprising the FY 1999 spent fuel storage / reactor decommissioning base annual fee are
- -
t s
d
( ) Generic and other research activities directly related to reactor
/
decommissioning and spent fuel storage; and I si I
(ll
( ) Other safety, environmental, and safeguards activities related to reactor decommissioning and spent fuel storage, except cos.ts for licensing and 80
p.
inspection activities that are recovered under part 170 of this chapter.
(d) The activities comprising the FY 1999 surcharge are as follows:
s I
( Low level waste disposal generic activities; l ,,
- U
(:!) Activities not attributable to an existing NRC licensee or class of licensees; e.g., r;vl;;;; subin7.ed by ether g;;;rnment ;;;n;b; (e.g., OOE) th;t de net ;;;d in ; l ken;; er ;;e net ;;;;;it;d v.ith ; l ben;e; intemational cooperative safety program and international safeguards activities; support for the A0reement State program, and site decommissioning management plan (SDMP) achvites; and s III l
'v (3) Activities not currently subject to 10 CFR Part 170 licensing and inspection fees based on existing law or Commission policy, e.g., reviews and inspections conducted of nonprofit educational institutions and licensing actions for Federal agencies, and costs that would not be collected from small entities based on Commission policy in accordance with the Regulatory Flexibility Act.
If0)
The total FY 1999 surcharge allocated to operating power reactor class of licensees is $44 million, not including the amount allocated to the new fee class, spent fuel storage / reactor decommissioning.1The FY 1999 operating power reactor surcharge to be assessed to each operating power reactor is $423,000.
This amount is calculated by dividing the total operating power reactor surcharge 81 L )
p_; - C -
.a w ,
i l
- ($44 million) by the number of operating power reactors (104).
h The FY 1999 surcharge allocated to spent fuel storage / reactor decommissioning class of licensees is $3.2 million. The FY 1999 spent fuel storage / reactor decommissioning surcharge to be added to each operating power reactor, each l
power reactor in decommissioning or possession only status, and to each I independent spent fuel storage Part 72 licensee who does not hcid a Part 50 license is $25,600. This amount is calculated by dividing the total surcharge j i
costs allocated to this class (by the total number of power reactor licensees and Part 72 licensees who do not hold a Part 50 license (125).
(e) The FY 1999 annual fees for licensees authorized to operate a ncnpower (test and research) reactor licensed under Part 50 of this chapter, !
pu reactor xe pted from fees under $171.11(a) would be the
' amount shown under Option A or Option B below:
)
i' Option A Option B (Rebaselining (Rebaselining i
without a cap) with a 50 percent cap)
Research reactor $85,900 $85,600 Test reactor $85,900 $85,600 ,
(P, For ::t, need ycer, er.rual fece for opcretc.g reactere ..i : be 82
- lx!
- :d ad :::::::f in ;; side,,;; dh $171.10.
{ sicHon
. 171.16, t'; ;,,;..d.e;.cy i:P. C'; ;.;ph '4...d per;;r:;':
! "' ' ' " !& 2. . .';) -r- jr revised to read as follows:
6171.16 Annual Fees: Materials Licensees. Holders of Certificates of Comoliance. Holders of Sealed Source and Device Reaistrations. Holders of Quality Assurance Proaram Aoorovals and Government Aaencies Licensed by the NRC.
(I) 7)e psnrhiu of /A'A serAiM wl}< l0 v
(a)[erson(s) who emduct ;;tMt:e; are authorized to conduct activities under a-
) 10 CFR part 30 for byproduct materialfl
" ) 10 CFR part 40 for source materialf i
) 10 CFR pait 70 for special nuclear materialb d ) 10 CFR part 71 for packaging and transportation of radioactive material nd V
) ~ 10 CFR part 76 for uranium enrichmentg V
(3L) Eacd /2 mon' / W es/i h
- l in A d'"? M /'b O U O) # f fh 5 rec /4 o shall pay an annL9 4.e for each license, ;;c;;;;, ;pprev;l cr r;;4;..;;;n the person $ holds at any time d:Jring the first six months of the Federal fiscal year (October 1 through March 31)f; Annual fees will be prorated for_new licenses lssued and for licenses for_which termination is requested and activities 83-
permanently ceased during the period October _1 through March 3.1;of the fiscal r Tf a rinsle.
year as provided. in $171d7 of_ this section. Forthesef licenseg that authorize r f more than one activity : , e ;ln;!: Sea - (e.g., human use and irradiator 1
activities), annual fees will be assessed for each fee category applicable to the license if ; per;;n h;ld; you hold more than one license,-eeMieste; 7;;i"..;;%n er ;ppre;;l, the total annual fee you will be assessed will be the cumulative total of the annual fees applicable to the licenses, ;;;t:0;;;;,
r;;;;tr tlen; er ;ppre=l: h;ld by th;t p; n , you hold.
(b) The annual fee is comprised of a base annual fee and an additional I charge (surchrage). The activities comprising the{EY-4999 surcharge are shown
~
in paragraph (e) of this section. The activities comprising the base annual fee is V the sum of the NRC budgeted costs for:
(1) Generic and other research activities directly related to the rgulation of materials licenses as defined in this part, and (2) Other safety, environmental, and safeguards activities for materials -
licenses, except costs for licensing and inspections activities dl rect ly ;;;;;l;;;d J.th pl;nt ;pe;l5; ll;;n; ng ;nd :n;pectlen; that are recovered under part 170 of this chapter.
I I
(c) A licensee who is required to pay an annual fee under this section may qualify as a small entity. If a licensee qualifies as a small entity and provides the Commission with the proper certification with the annual fee payment, the licensee may pay reduced annual fees for FY 1999 as shown 84
n- . v. ~.. . . .. - .- ww - .
-I vs 4 85 i below.- Failure to file _ a_ small entity tion in a. timely manner could result in pw denial of any refund that might otherwise be due.
Small Businesses Not Enamned Maximum Annual Fee in Manufacturina and Small
~ Per Licensed Cateoorv Not-For-Profit Organizations (Gross Annual Receiots)
~ $350,000 to $5 million . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,800 Less than $350,000 ................................................ 5400 Manufacturina entities that have an average of 500 employees orless 35 to S00 employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,800 Less than 35 employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $400 Small Govemmental Jurisdictions (includina oubliclv sunooded i educationalinstitutions) i (Pooulation) )
20,000 to SO,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,800 Less th a n 2 0,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $400 Educational Institutions that are not State or Publiciv Suonoded. and have 500 Emolovaes or Less.
35 to 500 employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,800 Less than 35 employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $400 (1) A licensee qualifies as a small entity if it meets the size standards established by the NRC (See 10 CFR 2.810). .
1
f pe Ds" e"s4)1kin"lelat'"
~
{C (4) For 9, the maximum annual fee a small entity is required to pay is $1,800 for each category applicable to the license (s).
(d) The FY 1999 annual fees, including the surcharge shown in paragraph (e) of this section, for materials licensees ;nd h;l der; cf eertdieeteer
- rei;i e;;;; en; er ;pprev; ; subject to fees under this section would be the amounts shown under Option A. or_ Option B. below:
1 SCHEDULE OF MATERIALS ANNUAL FEES i i
AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC {
(See footnotes at end of table)
Cateoorv of materials licenses Annual Fees 2 8 l
l i
i l
1 i
i
93
- 3. Byproduct material:
A. Licenses of broad scope for possession and use of byproduct materialissued q ;andat rrrr.; to Parts 30 and 33 of this #
/
chapter for processing or manufacturing of items containing byproduct material for commercial distribution.... ............. .. $26,000 $24,800 B. Other licenses for possession and use of byproduct materialissued pene=t te (un/Mv Part 30 of this chapter for processing or manufacturing ofitems containing byproduct material for commercial distribution. . .. .. . .. ... . . . .. . .. .. . . . . .. .... ...... . ... ... $6,300 $6,300 (vh /a C. Licenses issued peeuent M $$32.72, '
-j 32.73, and/or 32.74 of this chapter authorizing the processing or
- manufacturing and distribution or l l
l redistribution of radiopharmaceuticals, I j generators, reagent kits and/or sources l
and devices containing byproduct
' material. This category also includes the I l
1 l
1 i
94 possession and use of source !
material for shielding authorized Part 40 of this chapter when included on the same license. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under 10 CFR 171.11(a)(1). These licenses are covered by fee Category 3D........... . ...... $15,300 $15,300 D. Licenses and approvals issued pu- urnt d Wid^ 'V i
% $932.72,32.73, and/or 32.74 of this l chapter authorizing distribution or redistribution of radiopharmaceuticals, generators, reagent kits and/or sources or devices not involving processing of byproduct me'.orial. This category l includes licenses issued purse nt is un/M
$$32.72,32.73 and 32.74 of this chapter '
to nonprofit educational institutions whose processing or manufacturing is exempt under 10 CFR 171.11(a)(1). This category also includes the possessiori I
c s :su z.-.- .. . w _ -- -
95 and use of source material for shielding authorized Part 40 of this chapter when included on the same lice nse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,800 $3,800 E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units)... ................. ...... .. . $3,400 $3,400 F. Licenses for possession and use of less than 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials in which the source is not exposed for irradiation purposes .. . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 5,7 00 $5,700 G. Licenses for possession and use of 10,000 curies or more of byproduct materialin sealed sources for
4 96 Irradiation of materials in which the source is exposed for irradiation l
l purposes. This category also includes underwater irradiators for irradiation of materials in which the source is not 1
exposed for irradiation purposes........ .. . $14,800 $14,800
, U tid"'
H. Licenses issued pumucr,t ic Subpart A of z/
Part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of Part 30 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons 1
exempt from the licensing requirements of Part 30 of this chapter................. ..... . $3,200 $3,200 l 1.
vnd!"
Licenses issued pect:rd ' Subpart A of l
Part 32 of this chapter to distribute items j l containing byproduct material i
or quantities of byproduct material that do not require device evaluation to i
.- . . :,.w . ._ _ . . . . - w.- . _ . _ . . . _ . _
97 i
persons exempt from the licensing requirements of Part 30 of this chapter, except for specific licenses authorizing redistribution of items that have been authorized for distribution to persons i exempt from the licensing requirements of Part 30 of this chapter.... ......... .......... $4,600 $4,600 !
m,c/rA J. Licenses issued pwessia Eubpart B of _/
Part 32 of this chapter to distribute items containing byproduct material that require sealed source and/or device review to persons generally licensed under Part 31 of this chapter, except specific licenses authorizing redistribution of terms that have been authorized for distribution to persons generally licensed under Part 31 of this ch a pter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $2,1 00 $2,100 K. Licenses issued ~ mesa' . Subpart B of unb4 l
Part 31 of this chapter to distribute items containing byproduct material or .
r 98 quantities of byproduct material that do not require sealed source and/or device review to persons genera 5y licensed under Part 3.1 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under Part 31 of this cha pter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,700 $1,700 L. Licenses of broad scope for possession and use of byproduct materialissued ader p"r-" eat L Parts 30 and 33 of this /
chapter for research and development that do not authorize commercial distribution... ......... . ... ................... ........ $11,200 $11,200 M. Other licenses for possession and use of byproduct materialissued pursuant te (ud'd Part 30 of this chapter for research and development that do not authorize commercial distribution............................ $5,000 $5,000
g -
99 N. Licenses that authorize services for other licensees, except:
(1) Licenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee Category 3P; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee Categories 4A, 4 B, a nd 4 C. . . . . . . . . . . . . . . . . . . . .. . . . . . . . $5,200 $5,200 O. Licenses for possession and use of byproduct material issued pursuant in ue<he Part 34 of this chapter for industrial radiography operations. This category ,
l also includes the possession and use of source material for shielding authorized undex j pereveat to Part 40 of this chapter when authorized on the same license....... ....... $14,700 - $14,700 P. All other specific byproduct material licenses, except those in Categories 4A th roug h 9 D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,600 $2,500
/
102
- 6. Nuclearlaundries:
A. Licenses for commercial collection and laundry ofitems contaminated with byproduct material, source material, or special nuclear material....................... $18,900 $19,000
- 7. Medicallicenses:
j bb A. Licenses issued race nt t Parts 30, 35,40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same lice n se. . . . . . . . .. . . . . . . . .. . . . . . . . ... . . ... . . . ... .. . $ 15,300 $15,300 B. Licenses of broad scope issued to medical institutions or two or more ( phA physicians peNuent 'h Parts 30,33,35, 40,'and 70 of this chapter authorizing research and development, including t .. .
t 103 human use of byproduct material except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.'.... ...... . $27,800 $27,800 at1 Y
C. Other licenses issued pcr.uera Parts
[
30,35,40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material except licenses for byproduct material, source material, or special l nuclear materialin sealed sources contained in teletherapy devices. This 1
category also includes the possession and use of source material for shielding when authorized on the same license.'.. $5,800 $5,800
- 8. Civil defense:
I 1
T l Other C asks . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N/A'
,( ;f)vy O'l B. Approvals issued of WCPRtart 71 uality assurance programs.
Users and Fabricators...................... ............... $66,700 $64,600
$1,500 U se rs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,2 00
- 11. Standardized spent fuel facilities... ... ... ................. N/A'
- 12. ~ Special Projects............ ................... ....... ..... . ..... N/A' 1
- 13. A. Spent fuel storage cask Certificate of Com plia n ce. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . N/A' i
B. General licenses for storage of spent fuel under 10 CFR 72.210.............. ......... .............. N/A (See 10 CFR Part 171.15(c)
- 14. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities ;=;;s ra te 10 CFR l 106 l
_ ._ w. . .. v , _ _ - . . . - .
jhiS -
Parts 30, 40, 70, and 7 ......................................... N/A7
- 15. Import and Export licenses...................................... N/A'
- 16. N/A' l
. R eciprocity. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
l
- 17. Master materials licenses of broadscope issued to $358,000 $359,000 Govemment agencies......... ............................ .... ..
- 18. Department of Energy: $872,000 $873,000 A. Certificates of Compliance..... ........
$869,000 $870.000 i B. Uranium MillTailing Radiation Control Act (UMTRCA) activities.....
' Annual fees will be assessed based on whether a licensee held a valid license with the NRC authorizing possession and use of radioactive material during the fiscal year. However, the annual fee is waived for those materials licenses and holders of certificates, registrations, and approvals who either filed for termination of their licenses or approvals or filed for possession only/ storage licenses prior to October 1,1997, and permanently ceased licensed activities entirely by September 30,1997. Annual fees for licensees who filed for termination of a license, downgrade of a license, or for a POL during the fiscal year and for new licenses issued during the fiscal year will be prorated in accordance with the provisions of $171.17. If a person y holds more than one license, certificate, registration, or approval, the annual fee (s) will be
- assessed for each license, certificate, registration, or approval held by that person. For licenses that authorize more than one activity on a single license (e.g., human use and irradiator activities), annual fees will be assessed for each category applicable to the license.
Licensees paying annual fees under Category 1.A.(1). are not subject to the annual fees of I 107 l
" This includes Certificates of Compliance issued to DOE that are not under the Nuclear Waste Fund.
(e) The activities comprising thehsurcharge are as follows:
(1) LLW disposal generic activities; (2) Activities not attributable to an existing NRC licensee or classes of licensees; e.g.,
intemational cooperative safety program and intemational safeguards activities; support for the Agreement State program; site decommissioning management plan (SDMP) activities; and (3) Activities not currently assessed licensing and inspection fees under 10 CFR Part 170 based on existing law or Commission policy, e.g., reviews and inspections conducted of nonprofit educational institutions and reviews for Federal agencies; activities related to decommissioning and reclamation and costs that would not be collected from small entities based on Commission policy in accordance with the Regulatory Flexibility Act.
/$) M Section 171.19 is revised to read as follows:
6171.19 Payment (a) Method of payment. Annual fee payments, made payable to the U.S. Nuclear Regulatory Commission, are to be made in U.S. funds by check, draft, money order, credit card, or electronic funds transfer such as ACH (Automated Clearing House) using EDI (Electronic Data Interchange). Federal agencies may also make payment by the On-line Payment and Collection System (OPAC's). Where specific payment instructions are provided on the invoices to applicants and licensees, payment should be made accordingly, e.g. invoices of $5,000 or more should be paid via ACH through NRC's Lockbox Bank at the address indicated on the invoice. Credit card payments should be made up to the limit established by 109
Sh0 990gO '
} APPENDIX A TO THIS RULE -- l Jy REGULATORY FLEXIBILITY ANALYSIS FOR THE j AMENDMENTS TO 10 CFR PART 170 (LICENSE FEES) AND (j
l' 10 CFR PART 171 (ANNUAL FEES)
- 1. Background The Regulatory Flexibility Act (RFA), as amended, (5 U.S.C. 601 et seq.) requires that agencies consider the impact of their rulemakings on small entities and, consistent with applicable statutes, consider alternatives to minimize these impacts on the businesses, organizations, and govemment jurisdictions to which they apply.
The NRC has established standards for determining which NRC licensees qualify as small entities (10 CFR 2.801). These size standards reflect the Small Business Administration's receipts-based size standards, include a size standard for business concerns that are manufacturing entities, and reflect changes in the way certain classes of licensees conduct their business. The NRC uses the size standards to reduce the impact of annual fees on small entities by establishing a licensee's eligibility to qualify for a maximum small entity fee.
- The small entity fee categories in $171.16(c) of this proposed rule are based on the NRC's size standards The Omnibus Budget Reconciliation Act (OBRA-90), as amended, requires that the 112
i NRC recover approximately 100 percent of its budget authority, less appropriations from the Nuclear Waste Fund, by assessing license and annual fees. OBRA-90 requires that the schedule of charges established by rule should fairly and equitably allocate the total amount to recovered from NRC's licensees and be assessed under the principle that licensees who require the greatest expenditure of agency resources pay the greatest annual charges. The amount to be collected for FY.1999 is approximately $ million.
+n. s Since 1991, the NRC has complied with OBRA-90 by issuing a final rule that amends its fee regulations. These final rules have established the methodology used by NRC in identifying and determining the fees to be assessed and collected in any given fiscal year, j Since FY.1996, the NRC stabilized annual fees by adjusting the annual fees only by the percentage change (plus or minus) in NRC's total budget authority. The percentage ch'ange would be adjusted based on changes in the 10 CFR Part 170 fees and other adjustments as well as an adjustment for the number of licensees paying the fees. The NRC indicated that if there was a substantial change in the total NRC budget authority or the magnitude of the
. budget allocated to a specific class of licensees, the annual fee base would be recalculated.
Because the NRC is proposing to establish a new annual fee class for FY 1999 and based on e 40' program changes that have occurred, the NRC is proposing to establish new baseling annual
' fees this fiscal year.. J/)e RA( Aerops2/2 o f W fhe yg op nce/ pr e,,,
c ba.rcline c~W Au n inmv .4> fu apaaf de chonu/ fu'".ro*n">< &#n s of n'obid The Small Business Regulatory Enforcement Faimess Act of 1996 (SBREFA) is /fr ess e .s .
l
.j intended to reduce regulatory burdens imposed by Federal agencies on small businesses, f
. nonprofit organizations, and governmental jurisdictions. SBREFA also provides Congress with l N - ~ - - -
N
[M EA >< Wa k ~A~ A ^'" '9'"' "' \
on AwlN'A ""'"-
k[Ithe j)sofinec/
Jase,uw a/ony Ackrebbhg JAn /r m h /s, l
fjo),ze pyesy / dor 9 Ji NefAo/asel 9
/ew dr-sc lN'er kn apud /nr iruy /iraene he d+ d ou .9 e c t f o swy Clo.trer o f /i ce p p n ,, S c u s<er tv}+ p,di fy er sn,y institutions not State or publicly supported, with less than 35 employees.gjj,gg/ g A bf asln y reyl Ill. Summarv.
c> h d tc The NRC has determined that the 10 CFR Part 171 annual fees significantly impact 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 annut.1 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 educationalinstitutions 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 fees for small entities maintain a balance between the objectives of OBRA-90 and the RFA. Therefore, the analysis and conclusions established in previous fee rules remain valid for FY 1999.
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L ATTACHMENT 1TO APPENDIX A l
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i-1 1-1 l U. S. Nuclear Regum , .,0mmission t.
l Small Entity. Compliance Guide o
l Fiscal Year 1999 L
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!= Contents I
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. Introduction .........,,,,,,,,,,,,,,,,,. ... ................... .....2 NRC Definition of Small Entity . . . . , , , ,
- . . . . . . . . . . . 3 NRC Small Entity Fees .........................,,,,,,,,,,,,,,,4 q
Instructions for Completing NRC Form 520 ... ,,,, ........... ..6' s
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