ML20212K593

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Informs That on 990325,Chief Financial Officer Approved Proposed Rule That Amends 10CFR170 & 171.Proposed Amends Necessary to Implement Requirements of Public Law 101-508 to Recover 100 Percent of Fy 1999 Budget Authority
ML20212K593
Person / Time
Issue date: 03/26/1999
From: Funches J
NRC OFFICE OF THE CONTROLLER
To: Diaz N, Dicus G, Shirley Ann Jackson, Mcgaffigan E, Merrifield J, The Chairman
NRC COMMISSION (OCM)
Shared Package
ML20138F537 List:
References
FRN-64FR15876, RULE-PR-170, RULE-PR-171 AG08-1-021, NUDOCS 9910060322
Download: ML20212K593 (2)


Text

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M% March 26,1999?

h MEMORANDUM TO: Chairman Jackson -

- Commissioner Dicus l s Commissioner Diaz -

Commissioner McGaffigan ' '

' Commissioner Merrifield f

FROM: . Jesse L Funches

.q 1

Chief Financial Officer : ^

SUBJECT:

DAILY STAFF NOTE I Pronosed Rule Sioned by the CFO On March 25,1999, the Chief Financial Officer approved a proposed rule that amends 10 CFR Parts 170 and 171. These proposed amendments to the Commission's fes regulations are necessary to implement the requirements of Public Law 101-508 to recover 100 percent

, ~ of the FY 1999 budget authority through fees. . The proposed rule is consistent with the February 2,1999, Staff Requirements Memorandum for SECY-98-260, and the March 10, 1999 Partial Staff Requirements Memorandum for SECY-99-053.'

s The proposed rebaselined annual fees would decrease for operating power reactors and certain other licensees, but would increase for some licensees. The proposed rule presents two L..

potential FY 1999 annual fee schedules for public comment: 1) rebaselined annual fees without a cap; and 2) rebaselined annual fees with a cap so that no licensee's annual fee increases by more than 50 percent from FY 1998. The proposed rule would also establish a new annual fee Lcategory for spent fuel storage / reactor decommissioning. The proposed rule also solicits public comment on whether the Commission should continue to use the percent change method and rebaseline fees every few years as warranted, or return to a policy of rebaselining fees every

. year.

The FY 1999 proposed annual fees are compared to those assessed for FY 1998 in the

following table
,

Range of ^nnual Fees Proposed Class of Licensees FY 1998 FY 1993.

Without a can With a can.

. Operating power: $2,976,000 $2,769,000 $2,775,000 reactors (ine!uding the ^

spent fuel storage / reactor decommissioning annualfee)

N , Spent fuel storage / reactor N/A $199,000 $199,000 e

decommissioning .

9910060322 991001 POR PR 170 64Rt15876 P,DR Mk ObbNE -

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Fuel facilities $345,000 - $314,000 - $315,000 -

$2,604,000 $3,281,000 $3,288,000 Uranium recovery facilities $34,900 - $109,000 - $52,100 -

$61,700 $131,000 $92,100 Transportation $1.000 - $2,200 - $1,500 -

Approval Holders $78,000 66,700 66,800 Material Users $490 - $600 - $620-

$23,500 27,800 $27,800 Other aspects of the proposed rule that the Commission should note are:

The professional hourly rates for the reactor and materials programs would be revised based on the number of direct FTEs for FY 1999. The FY 1999 proposed hourly rate for -

the reactor program is $141 per hour as compared to $124 per hour for FY 1998. The FY 1999 proposed hourly rate for the materials program is $140 per hour as compared to $121 per ho~ ~ '" 1998. The proposed rule explains that the increases are partially due to a - p coding error that contributed to decreased hourly rates for FY 1998.

The materials " flat" amendment fees would be eliminated and the amendment costs included in the annual fees assessed to the small materials licensees. The materials

' flat" application fees and the export and import licensing fees would be revised to reflect the change in the hourly rates and the results of the biennial reviews required by the Chief Financial Officer's Act.

Part 170 would be revised to include full cost recovery for plant-specific performance review, evaluations, and assessments; incident investigations, and report and other document reviews. Project manager time, except time on leave and generic activities, would also have full cost recovery similar to resident inspectors.

The NRC would continue to assess two fees for licensees that qualify as small entities under the NRC's size standards. In general, licensees with gross annual receipts of

$350,000 to $5 million pay a maximum 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 governmentaljurisdictions with a population of less than 20,000. No change will be made in the amount of the small entity fees because the small entity fees are not based on the budget but are established at a level to reduce the impact of fees on small entities.

m This notice informs the Commission that, in accordance with the rulemaking authority delegated to the CFO, the CFO has signed this proposed rule and is forwarding it to the Office of the Federal Register for publication.

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