ML20212K554

Concurs with Rulemaking Package Re Fee Rule,With Changes to Page 13

ML20212K554
Person / Time
Issue date:	03/24/1999
From:	Cant G NRC
To:	Gerard Jackson NRC
Shared Package
ML20138F537	List: ML20212K338 ML20212K347 ML20212K357 ML20212K364 ML20212K374 ML20212K394 ML20212K420 ML20212K433 ML20212K439 ML20212K449 ML20212K470 ML20212K481 ML20212K527 ML20212K538 ML20212K552 ML20212K554 ML20212K567 ML20212K573 ML20212K576 ML20212K583 ML20212K593 ML20212K604 ML20212K626 ML20212K634 ML20212K644 ML20212K648 ML20212K652 ML20212K733
References
FRN-64FR15876, RULE-PR-170, RULE-PR-171 AG08-1-016, NUDOCS 9910060308
Download: ML20212K554 (5)

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i V OE concure with the rulemaking package, with the changes to page 13 that have been faxed to you.

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NUCLEAR REGULATORY COMMISSION 10 CFR Parts 170 and 171 RIN: 3150-AG08 Revision of Fee Schedules; 100% Fee Recovery, FY 1999

' AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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 penod expires (30 days after publication). Comments received after )

l this date will be considered if it is practical to do so, but the NRC is able to ensure only that l comments received on or before this date will be considered. Because OBRA-90 requires that

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Although costs of inspections forming th3 basis for cnforcem3nt cctions, cxcept those arising from an allegation, are currently recovered through Part 170 fees assessed to the affected licensee, the costs for escalated enforcement actions (i.e., the development and PNwn/ * % <-

issuance of Notices of Violations and j impecitiorcefcivil penalties) are not. Part 170 fees are -

not curr ly asse ed for the escalated enforcement actions because the erve neric M . a h -w -- - ~

purpos in addition, some escalated enforcement actions are withdrawn. There also is concem that in some cases the fee could be much greater than the civil penatty, which is intended to encourag ensee to comply with the NRC requirements. However, _

escalated enforcement actions are activities performed by the NR Papfc censees.

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2. Amendment Fees Band on Average Costs. M A-c A .

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 amendment processing costs in the Part 171 annua! fees assessed to the small materials i

licensees. This proposal would continue the NRC's ' .ives to streamline its fee program. In a similar action, the inspection and renewal fen Sr these licenseer 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.

j 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

,. fees is collected annually for these amendments. The number of amendments, as well as the

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iDL G:\99prule2.wpd .

[7590-01-P]

r NUCLEAR REGULATORY COMMISSION 10 CFR Pads 170 and 171 i

RIN: 3150-AG08 Revision of Fee Schedules; 100% Fee Recovery, FY 1999 i

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule, j 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 comments received on or before this date will be considered. Because OBRA-90 requires that

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1 Distribution:

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DOCUMENT NAME: g:\99prule2.wpd TT receive a copy of this document, Indicate in the boa: "C" = Copy without ettechment/ enclosure "E' = Copy wkh attachment / enclosure 'N' = No copy 0FFICE OCF07 l OCF0:DAF l ADM OGC l l NMSS l NAME GJacfson.DDandois JTurdici MSpringer TBRothsch11d CJPaperiello DATE 1/U/99 / /99 / /99 / /99 / /98

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