ML20212K644

Informs That NRC Amending Fee Regulations in 10CFR170 & 171 to Continue Commission Initiatives to More Appropriately Recover Costs for Addl Activities Through 10CFR170 Fees Rather than Through 10CFR171 Annual Fees

ML20212K644
Person / Time
Issue date:	03/31/1999
From:	Funches J NRC OFFICE OF THE CONTROLLER
To:	Pfeiffer J OFFICE OF MANAGEMENT & BUDGET
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 AG08-1-028, NUDOCS 9910060342
Download: ML20212K644 (31)

Text

g MnCtQuy fyh"f c?h

)s UNITED STATES NUCLEAR REGULATORY COMMISSION

$QU 1}} t WA8HINGTON, D.C. 20565-0001 %[* *Ciq,$ March 31, 1999 Mr. John Pfeiffer Office of Management and Budget New Executive Office Building 72517* Street, N.W., Room 8025 Washington, D.C. 20503

Dear Mr. Pfeiffer:

The Omnibum Budget Reconciliation Act of 1990, as amended, requires that the NRC recover approximately 100 percent of its budget authority, less the appropriation from the Nuclear Waste Fund, for Fiscal Years 1991 through 1999 by assessing license and annual fees. For FY 1999, the NRC must collect approximately $449.6 million through these fees. In order to comply with the law, the Commission is amending its fee regulations in 10 CFR Parts 170 and 171. The proposed amendments to 10 CFR Part 170 would continue the Commission's initiatives to more appropriately recover costs for additional activities through 10 CFR Part 170 fees rather than through 10 CFR Part 171 annual fees. The proposed amendments would also revise the professional hourly rates and " flat" licensing fees to reflect the costs of providing NRC licensing services to applicants and licensees. The proposed amendments to 10 CFR Part 171 would establish the amount of the FY 1999 annual fees to be assessed to operating reactors, fuel cycle licensees, transportation certificate holders, and materials licensees to recover costs not recovered through 10 CFR Part 170 fees. The FY 1999 proposed annual fees would decrease for operating reactors and certain other licensees based on reduced budgeted costs for those classes of licensees. However, the proposed annual fees would increase for some licensees due to increased budgeted costs for those classes and decreases in the number of licensees in those classes. For certain categories of licensees, the annual fee increases would be significant. Therefore, the Commission is presenting two optional annual fee methods for FY 1999 public comment:

1) establish the annual fees without a cap on fee increases; or 2) establish the annual fees with a cap so that no licensee's annual fee increases more than 50 percent from FY 1998. The Commission will determine which schedule to incorporate in its final rule after evaluating the public comments. Those NRC licensees that can qualify as a small entity under the NRC's size standards will continue to be eligible to pay reduced annua! fees.

I 9910060342 991001 PDR PR i 170 64FR15876 PDR @ \\ot(90 Nc)

. ifg. i

p.. _

W M4 ed Mr. John Pfeiffer March 31,1999 Enclosed is a copy of the proposed rule which is being transmitted to the Federal Register for publication. The final rule will become effective 60 days after publication. i Sincerely, Original signed by Pete Rabideau, for Jesse L. Funches i Chief Financial Officer i

Enclosure:

Proposed Revision to 10 CFR Pads 170 and 171 Distribution: OCA/RF OCFO/RF OCFO/SF OCFO/DAF/LFARB RF OCFO/DAF RF (DAF 9-000) OCFO/DAF SF (LF-1.19) DCF0 RF NAME: G:99CONGRE.WPD (To receive a copy of this document. mdicate in the bot' "C" = Copy without anachmentenclosure '"E'*

• Copy math anschmentynclosure "N"
• No copv OFFICE OCFO/DAF/Li'ARB

{ OCTO/DAF (, DQ{h, CFOg, h NA%fE h GJackson/DI u JTurdici I P DATE / /99 3/2if)9 N9 b 4') Ot}ICIAL RECORD COPY __j

T Tok seeee a i Part 11 Nuclesr Regulatory Commission f*4e 9 *i!E*J" + 0 1

i I 4 } 15876 '4 -- Fed:ral Register / Vol. M, No. 62 / Thursday, April 1,1999 / Proposed Rules 3 M - NUCLEAR REGUL ATORY COMMISSION Public Document Room,2120 L Street and the General Fund. For FY 1994, the [ NWJLower Level). Washington, DC NRC's budget authority is $469E 20555-0001. Comments received may million, of which $17.0 million has 10 CFR Parts 170. arid 171 also be viewed and downloaded been appropriated from the NWF. In RIN 3t50-AG08 edmnkady via the interactive addition, S3.2 million has been Iulemaking website established by the Revision of Fee Schedules; 100% Fee NRC for this rulemaking. appropriated from the General Fund for Recovert FY 1999 activities related to regulatory reviews d FOR FURTHER INFORMATION CONTACT: and other assistance prmided to the AGENCY: Nuclear Regulatory Glenda Jackson, Office of the Chief DOE and other Federal agencies. The f 9 4 k, Commission. F nancial Officer. U.S. Nxlear NRC's FY 1999 Appropriations Act !p ACTION: Proposed rulo. Regulatory Commission. Washington, states that this $3.2 appropriation shall DC 20555-0001, Telephone 301-415-be excluded from license fee revenues. fh mMAN The Nuclear Regulatory ~~ 6057. Therefore, the NRC is required to collect Commission (NRC)is proposing to SUPPLEMENTARY INFORMATION: appmximately $449.6 million in FY amend the licensing, inspection, and

1. Background.

1999 through to CFR part 170 licensing annual fees charged to its applicants

11. Propmed Action.

and inspection fees and 10 CFR part 171

1 and licensees. The proposed

m. Plain Language.

annual fees. The total amount to be amendments are necessary to IV. Endmnnwntal Impact: Categorical recovered in fees for FY 1999 is $5.2 l Eulusion. g implement the Ommbus Budget V. Paperwork Reduction Act Statement. million less than the amount estimated Reconciliation Act of 1990 (OURA-90), VI. Regulatory Analysis. for recovery in the NRC's FY 1998 fee k j as an ended, which mandates that the gHggul lexibility Analysh. rule i NRC recover approximately 100 percent " >Sk The reduced budgeted costs to be ) of its budget authority m Fiscal Year I. Background recovered through fees for FY 1999 reflect several actions taken by the NRC. fr r tl N 1 ar Public Law 101-508, the Omnibus These actions include strategic st u ( ) ~ and the General Fund. The amount to be Budget Reconciliation Act of 1990 planning, downsizing, and a more recovered for FY 1999 is approximately (OBRA-90), enacted November 5,1990, aggressive policy on seeking H $449.6 million' requires that the NRC recover reimbursement for performing services p DATES: The comment period expires approximately 100 percent of its budget that are not a required part of the May 3,1999. Comments received after authority,less the amount appropriated agency's statutory mission. For example, 1 d fj this date will be considered ifit is from the Department of Energy (DOE) for FY 1999, the NRC entered into an 4 practical to do so, but the NRC is abl" administered Nuclear Waste Fund agrwment with the U. S. Agency for g to ensure only that comments received (NWF), for FYs 1991 through 1995 by International Development to fund on or before this date will be assessing fees. OBRA-90 was amended NRC's staff costs associated with ~ j, considered. Because OBRA-90 requires in 1993 to extend the NRC's 100 percent pmviding nuclear safety anistance to that NRC collect the FY 1999 fees by fee recovery requirement throug'i 1998, the countries of the former Soviet p September 30,1999, requests for in 1998 OBRA-90 was amended to Union. As a result, NRC licensees are extensions of the comment period will extend the NRC's 100 percent fee n t required to pay for the costs of this n t be granted. recovery requirement through FY 1999, activity in FY 1999. These costs were l c ADDRESSES: Mail written comments to: The NRC assesses two types of fees to Previously included in NRC's budget Secretary, U.S. Nuclect Regulatory recover its budget authority. First, authority and the costs were recovered g Commission, Washington, DC 20555-license and inspection fees, establishod through annual fees assessed to NRC 0001, A'ITN: Rulemakings and at 10 CFR part 170 under the authority licensees. ' ;U4 Adjudications Staff. Hand deliver of the Independent Offices The NRC estimates that ' } comments to: 11555 Rockville Pike, Appropriation Act of 1952 (IOAA),31 approximately $107.7 million will be 6 L j Rockville, Maryland 20852, between U.S.C. 9701, recover the NRC's costs of recovered in FY 1999 from fees assessed 7:30 am and 4:15 pm Federal workdays. providing individually identifiable under Part 170 and other receipts, (Telephone 301-.415-1678). Comments services to specific applicants and compared to $94.6 million in FY 1998. 1i may also be submitted via the NRC's licensees. Examples of the services The increase fmm FY 1998 is primarily interactive rulemaking website through provided by the NRC for which these due to increased Part 170 collectioru, the NRC home page (http:// fees are assessed are the review of largely attributable to changes in applications for the issuance of new Commission policy included in the FY www.nrc. gov). From the NRC homepa licenses, approvals or renewals, and 1998 final fee rule, such as billing full / tha tec.ge, select "Rulemaking" from amendments to licenses or approvals. cost under Part 170 for resident ! *I e Tha inkractive rulemaking website can then be accessed by Second, annual fees, established in 10 inspectors, and a $4.1 million carryover S selecting "Rulemaking Forum". This CFR part 171 under the authority of from additional collections in FY 1998 site provides the ability to upload OBRA-90, recover generic and other that were unanticipated at the tue the

• h comments as files (any format), if your regulatory costs not recovered through final FY 1998 fee rule was publishod. In d

web browser supports that function. For 10 CFR part 170 fees, addition to the estimated Part 170 information about the interactive II. Proposed Action collections and other receipts, the NRC estimates a net adjustment of rulemaking site, contact Ms. Carol The NRC is proposing o amend its approximately $2.1 million for ~i Gallagher, 301--415-5905; e-mail licensing, inspection, and annual fees to payments received in FY 1999 for FY CAG@nrc. gov. Copies of comments received and the recover approximately 100 percent of its 1998 invoices. The remaining $339.8 9 FY 1999 budget authority, including the million would be recovered in FY 1999 j agency workpapers that support these budget authority for its Office of the through the 10 CFR part 171 annual M proposed changes to 10 CFR parts 170 Inspector General,less the and 171 may be examined at the NRC fees, which is approximately $20.4 appropriations received from the NWF million less than in FY 1998. w fb0 u ,h j t

r I' Fed:r:1 Register / Vol. (14, No. 62 / Thursday, April 1.1999/ Proposed Rules 15877 l Table I summarizes the budget and fee recovery amounts for FY 1999: TABLE 1.-BUDGET AND FEE RECOVERY AMOUNTS FOR FY 1999 IDollars in Milhons) J Tot:I Budget -. 5469 8 Less NWF.... _ _..... ~.. -. -170 Less General Fund (Reviews for DOE and other Federal agencies). ,- 3 2 Totd Fee Base......... 449.6 Less Part 170 Fees. - 103.5 Less other receipts. - 4.2 P rt 171 Fee Collections Requved. 341.9 P;rt 171 Bilhng Adjustment' LJnpaid FY 1999 invoices m. -.... ~ - 3.4 Lisa Paymente received in FY 1999 for pnor year invoices. - 5.5 Subtotal............. .- 2.1 Adjusted Part 171 Collections Required. 339.8 These adjustments are necessary to ensure that the billed'* amount results in the required collections Positive amounts indicate amounts billed th3t will not be collected in FY 1999. A. Amendments to 10 CFR f', art 170: activities of the NRC. The term "special Because the final FY 1999 fee rule fees for Facilities, Materials Import and benefits" includes services rendered at will be a " major" final action as defined by th3 Small Business Regulatory Expod Ucenses, and OtherRegulatory the request of a recipient and all Enforcement Fairness Act of 1996, the Services Under the Atomic Energy Act services necessary to *he issuance of a NRC's fees for FY 1999 would boccme of19H, as Amended required permit, license, certificate, effective 60 days after publication of the The NRC is proposing four major approval, or amendment, or other fin 1 mle in the Federal Register. amendments to 10 CFR part 170, and services necessary to assist a recipient j The NRC announced in it.e FY 1998 several administrative amendments to in complying with statutory obligations proposed rule that the final rule would update information in certain sections ""p 7o eYa n7y sesb no longer be mailed to alllicensees. and to accommodate the major proposed i gg,,'a) The review of applications for and Howev:r, because the NRC is soliciting changes. These amendments further the ( public comments on two potential underlying basis for the regulation-that the issuance of licensing actions or annu:1 fee schedules for FY 1999, the fees be assessed to applicants, persons, other a$provals; FY 1999 final rule will be mailed to all and licensees for specific identifiable (b) T e review and approval of topical services rendered. The amendments also l com ly with the guidance in the ,,Ic)ngPreapplication consultations and lic nsees. As a cost-saving measure, the ,o NRC does not plan to routinely mail I^" re ews future final fee rules to all licensees, but OBRA-90 s e d under th3 will send the final rules to any licensee ' IOAA recover the full cost to the NRC - (e) The costs of maintaining resident' or other person upon request. As a of identifiable regulatory services that in[s ectors.he remainder of NRC's budget matt;r of courtesy, the NRC will each applicant or licensee receives. continue to send the proposed fee rules The major changes to 10 CFR part 170 authority is recovered through annual to all licensees, proposed by the NRC are: fees assessed under part 171. in the NRC's FY 1998 fee rulemaking, In addition to publication in the 1, Expanded Pad 170 Cost Recovery steps were taken to more appropriately Federal Register, the final rule will be avdlible on the internet at http:// The NRC is proposing to expand the recover costs for certain activities ruleforum.llnl. gov /. Copies of the final, scope of part 170 to include mcident through part 170 fees ratber than ruli will also be mailed upon request. investigations, performance assessments through part 171 fees. The NRC's and evaluations (except those for which proposals to further expand the scope of To request a copy, contact the License Fee rnd Accounts Receivable Branch, the licensee volunteers at NR,C s request part 170 for FY 1999 would result in and which NRC accepts), reviews of . cost recovery for additional activities Division of Accounting and Finance' rep rts and other submittals such as through part 170 fees rather than Offica of the Chief Financial Officer, at responses to Confirmatory Action, through part 171 fees. 301-415-7554' or e-mail us at Letters, and full cost recovery for time ended b Project Managers.

a. Inspections i

fees @nrc. gov. It is our intent to publish l the final rule in June of 1999. exhart 170 f es are based on Title V ofUnder this proposed change, part 170 Th) NRC is proposing to make the IOA A, interpretations of that fees would be assessed for all ch nges to 10 CFR parts 170 and 17I as legislation by the Federal courts, and inspections, including licensee-specific dimussed in Sections A. and B. below: Commission guidance. These guidelines performance reviews, assessments, provide that past 170 fees may be evaluations and incident investigations. assessed to persons who are identifiable Examples of activities that would be recipients of "special benefits" billable under part 170 are performance conferred by specifically identified assessments of fuel facilities, Diagnostic l s

l l } } q 15878 Federal Register /Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules 1 Evaluation Team assessments, and Incident Investigation Team excluding leave and time spent on issuance of amendments specifically generic activities such as rulemaking, be resulting from these orders. The primarv investigations. Licensees who volunteer recovered through Part 170 fees assessed basis for the c to participate in a performance review to the specific applicant or licensee to could be perceived as additional fines to or assessment at NRC's request and which the project manager is assigned. the licensee, or in some cases, such as which the NRC accepts would be This change would be upplicable to all when a licensee requests a hearing on i, exempted from these part 170 fees. The licensees subject to full cost fees under an enforcement order, fees could be inspections that are proposed to be Part 170 and to which project managers viewed as a penalty for the licensee I* mcluded in part 170 are "special are assigned. Currently, only project exercising its rights to challenge the benefits" provided to identifiable manager time spent on a specific NRC action. In addition, depending on ,e recipients, whether or not an inspection licensing action or inspection is billed the licensees' responses, orders may .f,' report is issued. For exarnple, incident under Part 170 and costs for the also be withdrawn or modified. investigations are investigations of remaining project manager activities are Moreover, in cases of misconduct, an i significant operational events involving recovered in the Part l'M anr ual fees, order may be issued to the individual i power readors and other facilities. Causes of the events are determined and However, there are other project rather than the licensee. On the other corrective actions taken. Incident manager activities that also support and hand, the development of orders and the provide a direct benefit to the assigned review of responses to orders are Investigation Teams investigate events licensee or site. of potentially major significance. Examples of project manager activities identifiable recipients. activities performed for specifically Although the investigations may resua which would be included in the Pan in some generic lessons, the 170 fee assessment are those associated Escaloted Enforrement Actions investigations are primarily a direct with oversight of the assigned license or Although costs ofinspections forming service provided to the specific licensee plant (e g., setting work priorities, the basis for enforcement actions, except and assist the licensee in complying planning and scheduling review effom, those arising from an allegation, are with NRC regulations. The costs of any preparation and presentations of currently recovered through Part 170 generic effons that may result from the briefings for visits to NRC by utility fees assessed to the affected licensee, investigations, such as the development officials, interfacing with other NRC the costs for escalated enforcement of new regulatory requirements and offices, the public, and other Federal actions (i.e., the development and guidance, would continue to be and state and local government issuance of Notices of Violations and recovered through part 171 annual fees, not through part 170 fees assessed to the agencies, and visits to the assigned site orders imposing civil penalties) are not. for purposes other than a specific Part 170 fee' are not currently assessed t licensee. In addition, any time inspection), and training. Examples of for the escalated enforcement actions s w expended by our Office ofInvestigations project manager generic activities that because they serve the generic purpose .f on these activities will be recovered would not be subject to fee recovery of industry-wide deterrence. In } through part 171 fees. These proposed under Part 170 are rulemaking and the addition, some escalated enforcement part 170 fees would not apply to development of regulatory guides, actions are withdrawn. There also is materials licenses for which no generic licensing guides, standard concern that in some cases the fee could inspection fee is specified in part 170 review plans, and generic letten s and be much greater than the civil penalty, because the inspection costs are bulletins. If a project manager is which is intended to encourage a included in the part 171 annual fee for assigned to more than one license or licensee to comply with the NRC thore fee categories. site, costs for activities other than requirements. As with orders issued

b. Additional Document Reviews licensee 4pecific licensing or inspection under 10 CFR 2.202, fees could be The NRC is also proposing to expand activities would be prorated to each of viewed as a penalty for the licensee q

the scope of part 170 to include reviews the licenses or sites to which the project exercising its rights to challenge the d of documents submitted to the NRC that manager is assigned. The concept of full NRC action. However, escalated do not require formal or legal approvals cost recovery for project managers is enforcement actions are activities l or amendments to the technical similar to the concept of full cost Performed by the NRC which pertain to { specifications or license. Examples are recovery for resident inspectors, which identifiablo licenseos. certain financial assurance reviews, was added to Part 170 in the FY 1998 final fee rule (June 10,1998; 63 FR

2. Amendment Fees Based on Average reviews of responses to Confirmatory 31840).

Cost

• Action I,etters, reviews of uranium recovery licensees' land use survey

d. Other The NRC is proposing to revise 10 CFR 170 31 to eliminate the amendment reports, and reviews of to CFR 50.71(el The NRC is also soliciting public

' fees for small materials licensees that 4 final safety analysis reports (FSARs). comment in this proposed rule on are based on the average time to part 170 fees are currently not assessed whether to include the development of complete the reviews (" flat" fees) and 4 for these reviews because they do not orders, evaluation of responses to include the amendment processing costs result in an approval or amendment, orders, development of Notices of in the Part 171 annual fees assessed to I and the costs are recovered through part Violation (NOVs) accompanying the small materials licensees. This 171 annual fees. Although no specific escalated enforcement actions, and proposal would continue the NRC's approval is issued, reviews of these evaluation of responses to NOVs in next initiatives to streamline its fee program submittals are services provided by the year's proposed fee rule. The costs of In a similar action, the inspection and ia NRC to identifiable recipients that assist these activities are currently recovered renewal fees for these licensees were I them in compip..g with NRC through Part 171 annual fees. eliminated in the FY 1995 and FY 19%

1. "8"I'lI "

Orders and Related Activities Ie" rulemakin88. I SPectively, and the

c. Pro)cct Manager Time costs mcluded m the annual fees for Currently, Part 170 fees are not these cate$rios of licensees.

Additionally, the NRC is proposing assessed for the development of orders Althoug approximately 2500 that all project managers time, issued under 10 CFR 2.202, or for the requests for amendments to small

V f Federal Register / Vol. 64. No. 62 / Thursday, April 1,1999/ Proposed Rules 15879 i --__ rnaterials licenses are received and proposed amendments due to incorrect for FY 1998 rather than as overhead. I processed each year for fee recovery payments and would provide an The correction of that error in FY 1999 purposes, less than $900.000 in Part 170 efficient means of recovering these results in substantial increases in the fees is colhicted annually for these costs. The NRC beliews that the hourly rates compared to FY 1998, from l amendments. The number of elliciencie< te % gabed outweigh any $124 to $141 for the reactor program, amendments. as well as the Part 170 fee inequities that may result because not and from $121 to $140 for the materials collections, will decrease a ; more states all materials licenses are amended each program. This is the result of the l become Agreement States. fiscal year. increased on rhead costs to be allocated The current approach for assessm, g If we do not adopt this approa h-to the two programs with fewer direct rnaterials license amendment fees h amendment fees set forth m the final f"" FTE to divide the costs among. In complex and !al>or intensive. rule would likely approximate those set addition, the proportion of direct Approximately 25 percent of the forth in the FY 1998 fee schedule-resources has shifted. The materials amendment requests are submitted with although there may be some variance as program now has a larger share. mcorrect fee payments. In the case of a result of the biennial fee review. Therefore, the materials program must underpayment, the hcensee must be rmluired by the Chief Fmancial Officers absorb more of the overhead and notified and the license amendment Act and the mcreasa an the hourly rate management and support costs. 1l received. fn the case of overpayments, held in abeyance until the correct fee is for the materials program described Because of tlm error in FY 1998, the below. FY 1999 hourly rates are more l refunds must be authorized and

3. Houdy Rams appropriately compared to the FY 1997 processed through the Department of the Treasury (Treasury). Because of The NRC is proposing to revise the hourly rates of $131 and $125 for the Treasury requirements that all Federal two professional hourly rates for NRC reactors and materials programs, staff time established in S 170 20. These respectively. Applying only the salary payments (othsr than payments made under the Internal Revenue Code of pmposed rates would be based on the and benefit increases of 4.4 percent from number of FY 1999 direct FTEs and the FY 1997 to FY 1998, and 3.68 percent 1986) made after January 1,1999, must be made by ch>ctronic funds transfer, FY 1999 NRC budget, excluding direct from FY 1998 to FY 1999, would result information on the payee's financial program support costs and NRC's in FY 1998 hourly rates of $137 for the institution and bank accounts must be appropriations from the NWF and the reactor program and $131 for the General Fund. These rates are used to materials program, and 1999 hourly l

collected. These administrative burdens for flat determine the Part 170 fees. The rates of $142 for the reactor program and amendment fees would be eliminated by proposed hourly rate for the reactor $136 for the materials program. This including the amendment costs in the program is $141 per hour ($250,403 per does not consider the shift that has Part 171 annual fee assessed to these direct FTE). This rate would be occurred in the proportion of direct licensees. This would result in an applicable to all activities for which fees resources from the reactor program to l estimated $900,000 being added to the are based on full cost under 6170.21 of the materials program that results in the annual fees assessed to approximately the fee regulations. The proposed hourly materials program having a larger share 5700 materials licensees. rate for the nuclear materials and and therefore absorbing more of the Amendment foes for these licensees nuclear waste program is $140 per hour overhead and management and support currently range from $160 for an ($248,728 per direct FTE). This rate costs. amendment to a custo. sealed source would be applicable to all activities for The method used to determine the evaluation (fee category 9D) to $1,100 which fees are based on full cost under for an amendment to a custom device 6170.31 of the fee regulations. In the FY two pmfessional hourly rates is as f Ilows: etraluation (fee category 9B). The 1998 final fee rule, these rates were majority of the amendments are filed by $124 and $121, respectively. The FY

a. Direct program FTE levels are licernoes in fee category 3Pcwhich 1998 rates represented a decrease from identified for both the reactor program includes licenses for possession and use FY 1997 of 57 per hour for the reactor and the nuclear material and waste of byproduct materialin industrial program from FY 1997, and $4 per hour program, measuring systems and gas for the materials pmgram.

b. Direct contract support, which is chromatographs, and licenses for in.

This proposed increase can he readily the use of contract or other services in lamed. In calculating the proposed support of the line organization's direct vitro studies, and by licensees in fee e octegory 7C, which covers most licenses 1999 hourly rates, the NRC staff pmgram,is excluded from the for human use of byproduct, source, and discovered that a coding error in NRC,s dah of es hd Me bmm spacial nuclear material. The current budget, which is used in the the costs for direct cont'ract support are amendment fee for fee category 3P is development of fees, occurred for FY charged directly through the various $340; the current amendment fee for fee 1998. This coding error contributed to categories of fees. cctegory 7C is $450. Although not all the hourly rate decreases for that year. meteriale licensees request amendments in addition, costs for direct FTEs and

c. All other direct pmgram costs (i.e.,

during a given fiscal year, overhead are calculated for the reactor Salaries and Benefits, Travel) represent approximately 80 percent request at and materials programs and for the "in-house" costs and are to be allocated leact one amendment over a five-year surcharge. Although the proposed FY by dividing them uniformly by the total period, and approximately 40 percent of 1999 hourly rates reflect an increase of number of direct FTEs for the program. I these licensees request multiple $17-$19 per hour compared to FY In addition, salaries and benefits plus amendments during a five-year period, 1998, the error was in the reduced FY contracts for non-program direct In addition to streamlining the NRC 1998 hourly rate, not in the increased management and support, and the process, this proposed change would FY 1999 hourly rate. Specifically,134 Office of the Inspector General are eliminate the steps licensees currently FTE and approximately $10 million in allocated to each program based on that take to submit the payments for their contract support for regional program's direct costs. This method l amendment roguests. It would also management and support were results in the following costs which are eliminate any delays in approving erroneously coded as direct resources included in the hourly rates. q

15880 Federal Register / Vol. 64, No. 62 / Thursday. April 1,1999 / Proposed Rules j T TABLE II.-FY 1999 BUDGET AUTHOR:TY TO BE lNCLUDED IN HOURLY RATES + Reactor pro. Materials I gram program Direct Program Sa! anes and Benefits

$99 2m.

. $26 4rr Overhead Salanes and Benet:tt,. Program Travel and Other Suppod $541m $15 Om Allocated Agency Maragement and Support

$104.2m

, $281m ey. Subtotal. .$257.5m . $69 Srn Less offsetting receipts 1$ .1 m. 3 Total Budget included in Hourly Rate . l $257.4m.

==. . l 279.7 $69.5m c t1 Program Direct FTEs 1.028.0.

i Rate per Direct FTE.....

. l $250.403. Dt ! $248.728 j

j Professional Hourty Rate (Rate per direct FTE divided by 1,776 hours).

.}$141 .l$140 1 As shown in Table 11 above, dividing actions should be increased in some

5. Administrative Amendments 1

4 the $257.4 million (rounded) hudget for categories and decreased in others to

a. The NRC is proposing to amend the reactor program by the reactor reflect the costs incurred in completing

% 170.2, Scope, and 4170.3, Definitions, prorrum direct F TEs (1.028) results in a the licensing actions. The data for til" to specifically include Certificates of rate for the reactor program of $250,403 average number of professional staff Compliance (Certificates) issued t per FTE for FY 1999. 'I he Direct FTE hours needed to complete licensing pursuant to Part 76 The NRC issued llourly Rate for the reactor program action were last updated in FY 1997(62 two Certificates pursuant to Part 76 to would be $141 er hour (rounded to the i FR 29194: May 29,1997). Thus, the the United States Enrichment nearest whole ollar). This rate is revised averag'e professional staff hours Corporation for operation of the two I calculated by ditidmg the cost per direct FTE ($250,403) by the number of reflect the changes in the NRC licensing gaseous diffusion uranium enrichment review program that have occurred plants located at Paducah, Ker tucky, ei B since FY 1997. The proposed licensing and Piketon, Ohio. This proposal would urs) s e o h in e Circular A-76," Performance of fees are based on the revised average add Part 76 certificates to the definition f Commercial Activities." Dividing the Professional staff hours needed to of Matenals License m 6170.3 (Uranium J J)i $69.5 million (rounded) budget for the pmcess the licensing actions multiplied enrichment facilities are already defined nuclear materials and nuclear waste by the proposed professional hourly rate in $ 170.3). These proposed changes are mgram by the program direct FTEs for FY 1999. adnunistrative changes to clarify the f>279.7) results in a rate of $248,728 per The proposed licensing fees reflect an "Ep icability of Part 170 fees to these ' gd FTE for FY 1999. The Direct FTE Hourly increase in average time for new license p, b.The ikC is proposing to revise the Rate for the materials pmgram would be applications for 20 of the 33 materials g fee categories included in the biennial definition of Inspection, to specifically $140 per hour (rounded to the nearest include performance assessments, a$ whole dollar). This rate is calculated by review, a decrease in average time for 8 evaluations, and incident investigations. ,4 dividmg the cost per direct FTE fee categories, and the same average This change is needed to incorporate g ($248,728) by the number of productive timt for the remaining 5 fee categories. NRC's proposal to include these i ! I, yro$esi ours xperided on The average time for export and import activities in Part 170. 8 or after the effective date of the final new license applications and

c. The NRC is proposing to revise the rule would be assessed at the FY 1999 amendments remained the same for 6 definition of Specialprojects to include T

h urIy rates. fee categories in $$ 170.21 and 170.31, financial assurance submittals, and decreased for 4 fee categories. responses to Confirmatory Action N

4. Fee Adjustments The amounts of the materials letters, uranium remvery licensees' 2

The NRC is proposing to adjust the licensing " flat" fees were rounded so land-use survey reports, and 10 CFR H current Part 170 fees in 55170.21 and that the amounts would be de minimis 50.71 final safety analysis reports in the eI 170.31 to reflect both the changes in the and the resulting flat fee would be list of examples of documents submitted >f revised hourly rates and the results of convenient to the user. Fees under f r review that would be subject to q 1 the biennial review of Part 170 fees $1,000 are rounded to the nearest $10. $Pocial project fees. This change is p s i required by the Chief Financial Officers Fees that are greater than $1,000 but less needed to incorporate NRC's proposal to ( y (CFO) Act. To comply with the than $100.000 are rounded to the include the review of these documents T

h requirements of the CFO Act, the NRC nearest $100. Fees that are greater than in Part 170.

M has evaluated historical professional

$100.000 are rounded to the nearest

d. The NRC is proposing to revise M

staff hours used to process a now license $1'000' $ 170.5 Commumcations, to indicate application for those materials licensecs that all communications concerning Part whose fees are based on the average cost The pmposed licensing " flat" fees are 170 should be addressed to the office of method (llat fees). This review also applicable to fee categories K.1 through the Chief Financial Officer rather than l 1 / included new license and amendment K.5 of 5171.21, and fee categories 1.C. the Executive Director for Operations. applications for import and export 1.D. 2.B. 2.C, 3.A through 3.P. 4.B Effective with the January 5,1997. NRC i

licenses, through 9.D.10.B.15.A through 15.E, reorganization, the Executive Dinctor

{ Evaluation of the historical data and 16 of $ 171.16. Applications filed on for Operations no longer serves as the 1h shows that the fees based on the average or after the effective date of the final Chief Financial Officer. The Chief number of professional staff hours rule would be subject to the revised fees Financial Officer has been delegated fI needed to complete materials licensing in this proposed rule. authority to exercise all authority vested i vl b,0

15881 Federal Register /Vol. 64, No. 62 / Thursday, April 1,1999/ Proposed Rules the Commission under 10 CFR parts annual fees assessed to materials equitably and practicably contribute to their payment." As in the past, these licensees;

e. The NRC is proposing to delete the

3. Revise the two 10 CFR part 170 costs would be allocated to the entire 170 and 171.

current exemption in 6170.11(a)(11) hourly rates; and population of NRC licensees that pay

4. Revise the licensing fees assessed annual fees, based on the amount of the which eliminates amendment fees for under 10 CFR part 170 to comply with budget directly attributable to a class of amendments to change the name of the the CFO Act's requirement that fees be licensees. This results in a higher Radiation Safety Officer for portable revised to reflect the cost to the agency.

percentage of these costs being allocated g uge licenses issued in accordance and to reflect the revised hourly rates. to operating power reactor licensees as with NUREG-1550,8 Volume 1. This "Pj'msed to other classes of licensees.he m proposed rule would eliminate the B. Amendments to 10 CFR Part 171: requirement for amendment fees for Annual Fees for lleactor Licenses, Fuel 171 are in the following areas. these licenses and thus the exemption Cycle Licenses and Afaterials Licenses,

1. Reactor Decommissioning / spent Fuel Including Holders of Certificates of 9, N, g7,*pfop7s*ing to add C mP ance, Registrat ons, and Quality Storage h,

170.11(a)(12) to pmvide an exemption Assurance Program Approvals, and The NRC is proposing to revise 10 3%{rnment Agencies Licensed by the CFR 171.15 to establish a spent fuel from Part 170 fees for those licensee-C storage / reactor decommissioning annual specific performance assessments or sv:luations for which the licensee The NRC proposes three major fee to be assessed to all Part 50 power volunteers at NRC's request. This amendments to 10 CFR part 171 and reactor licensees, regardless of their chtnge would accommodate NRC's several administrative amendments to operating status, and to those Part 72 proposal to include performance update information in certain sections licensees who do not hold a Part 50 tssessments and evaluations in Part 170, and to incorporate the major proposed license. The full amount of the FY 1999 cxc;pt those for which the licensee changes.These major changes would annual fee would be billed to those Part volunteers at NRC's request and which result in annual fees being assessed to 50 licensees who are in a are accepted by the NRC. licensees previously exempted from decommissioning or possession only

g. The NRC is proposing to revise 6150.12, Payment of Fees, to reflect the annual fees, increased annual fees for status upon publication of the FY 1999 some licensees, and decreased annual final rule. Payment would be due on the NRC's proposals to expand Part 170 to fees for other licensees. To address effective date of the FY 1999 rule. For include performance assessments, evaluations, and incident investigations, concerns about potential significant fee operating power reactors and those Part increases for certam categories of 72 licensees who do not hold a Part 50 reviews of reports and other documents, licensees, the NRC is presenting tw license,the new fee would be added to f

and full cost recovery for project annual fee options for public comment, the fourth quarter FY 1999 annual fee managers.This section would also be as descnbed in,2. below.,The bill. Any adjustments for prior i revised to delete references to Commission will determme which pa3 ments during FY 1999 would ba amendment fees that are not based on full cost to reflect the NRC's proposal to option to incorporate in its final rutt made in accordance with 6171.19(b). climinate these fees from Part 170 and after evaluating pubhc umments. The current annual fees in 10 CFR The proposed changes are consistent 171.16 for Part 72 licenses for include the costs in the Part 171 annual with our statutory mandate; that is, independent spent fuel storage would ] i fee for these materials licensees. charging a class of licensees for NRC be oli ted Section 170.12(h), Method of costs attributable to that class of Thi r pos'ed change would affect Payment, would be redesignated as licensees. The changes are consistent NRC annual fee olicies: two existinfor generic and otker 170.12(f) and revised to specify the with the Congressional guidance in the (a) Costs information the NRC needs to issue refunds. This change is necessitated by Conference Committee Report on activities related to dry storage of spent 1 OBRA-90, which states that the fuel that are not recovered through Part n:.w Treasury requirements that were " conferees contemplate that the NRC 170 licensing and inspection fees are c.ffective January 1,1999. will continue to allocate generic costs recovered through Part 171 annual fees la summary, the NRC is proposing to: that are attributable to a given class of assessed to all Part 72 licensees; and

1. Assess Part 170 fees, for heenses subject to Part 170 full cost fees, to licensees to such class" and the (b) Part 171 annual fees are not recover costs for all plant or licensee-

" conferees intend that the NRC assess assessed to reactor licensees in specific inspections, including the annual charge under the principle decommissioning or possession only t performance reviews, assessments, that licensees who require the greatest status. Power reactor licensees who are evaluations, and incident investigations, expenditures of the agency's resources in a decommissioning or possession reviews of reports and other documents. should pay the greatest annual fee" (136 only status would, for the first time, be and all of the project managers' time Cong. Rec. at H12692-93). Costs not subject to Part 171 annual fees for their cxcluding time spent on generic attributable to a class of licensees would Part 50 license. Ilowever, these be allocated following the conferees' licensees currently y an annual fee for

2. Eliminate " flat" amendment fees guidance that "the Commission should Part 72 license ey hold.

1 activities and leave time; for materials licenses and recover the assess the charges for these costs as ""Yhe current policy has raised three j' amendment costs through Part 171 broadly as practicable in order to. concerns: minimize the burden for these costs on (a) The fee structure could create a l 8 Copies of NURECS may be purchased from the any licensee or class of licensees so as disincentive for licensees to pursue dry Reproduction and Distribution Sect on. Office of to establish as fair and equitable a

storage, (b) The fairness of assessing multiple the Chief Information OfBcer. U.S. Nuclear system as is feasible." (136 Cong. Rec.

annual fees if a licensee holds multiple Resulatory Carmtnission. Wa6hington. DC 20355 at li12692-3). The Conference Report Technicalinformation Senh, s2s5 Put Royal guidance also provides that:"These ISFSIlicenses for different designs; and ooot.copi.a are also.v aabte from he Nadonal (c) Not all affected licensees are being [v$iN.Ir a[and/u^c"p$s a tE. NRC expenses may be recovered from such assessed the costs of NRC's generic p licensees as the Commission,in its ruhtic Document Room. 2120 t. Strem, NW. (Lower discretion, determines can fairly, decommissioning activities. level), washington, DC.

g .] 15882 Federal Register / Vol. 64 No. 62/ Thursday, April 1,1999/ Proposed Rules j J The NRC announced in the FY 19% has been loaded into the generally-magnitude of the budget allocated to a i pmposed fee rulemaking (April 1.1998, licensed ISFSI). If a licensee holds more specific class of licensees. If either 63 FR 16046) and final fee rulemaking (June 10,1998,63 FR 31840), that it than one Part 72 lit ense, for example, a i planned to reexamine the current Part 72 general license and a part 72 condition occurred, the annual fee base would be recalculated. The percentage specific license for two different change would be adjusted based on t annual fee exemption policy for designs. they are assessed an annual fee changes in 10 CFR Part 170 fees and bcensees m decommissioning or for each license. Under the proposed holding possession only licenses and change, only one annual fee would be other adjustments as well as on the i the annual fee policy for reactors' charged. number of licensees paving the fees. It storage of spent fuel and include any Costs for generic activities associated This method of determining annualines )I changes to the current fee policies in the with storage of spent fuel in the spent1996, FY 1997, and FY 1998 annual fees is the " percent change" method. The FY laf FY 1999 feu rulemaking. One purpose of fuel pool (wet storage) are currently were based on the percent change the review was to assun, consistent fue included in the annual fee assessed to method. treatment for both wet storage (i.e., operating power reactors because the

4!

spent fuel pool) and dry storage (i.e., Part 50 licenses cover this storage. Thus, Rehaselining independent spent fuel storage if a Part 50 licensee is in The NRC believes that it is installations (iSFSIs)) of spent fuel. The Commission previously determined that decommissioning and stores spent fuel appropriate to establish new baseline in the spent fuel pool,it is r.ot assessed fees for FY 1999 based on the program both storage options are considered safe an annual fee. On the other hand,if a changes that have taken place since the and acceptable forms of storage for Part 50 licensee is in decommissioning baseline fees were established in FY spent fuel. Under current fee and stores spent fuel in an ISFSI,it is 1995 including those resulting from the regulations, Part 50 licensees in assessed an annual fue for each Part 72 agency's strategic planning efforts, deconunissioning who store spent fuel ISFSI license used. downsizing. reorganization of agency in the spent fuel pool are not assessed Section 171.15 would be revised to resources, and the proposed addition of an annual fee, but licensues who store include the spent fuel storage / reactor spent fuel in an ISFSI under Part 72 are decommissioning annual fee to be a new annual fee class (spent fuel assessed an annual fee. The proposed assessed to Part 50 power reactor storage / reactor decommissioning) as previously described. In addition, there change would give equivalent fee licensees and those Part 72 specific have been several fee pobey changes treatment to both storage options. licensees who do not hold a Part 50 since FY 1995. Fee policy changes As indicated previously, Part 171 license. The annual fees in S 171.16 for include the elimination of renewal fees annual fees are not currently assessed to fee categories 18 and 13B would be in FY 1996 for most materials licensees, reactor licensues who have notified the eliminated. This change would not the proposed elimination of amendment .j NRC that they no longer want an NRC affect the manner in which licensing fees for these licensees in FY 1999, and lioense and have permanently ceased and inspection costs are recovered (i.e., the inclusion of these costs in the operations. This policy is based on the Pan 170 fees would still be assessed to materials licensees

• annua' fees.

premise that the primary benefit the Part 72 licensees and to Part 50 4 NRC provides a licensee is the authority licensees in decommissioning or Rebaselining Options to use licensed facilities or material. possession only status for licensing and The NRC is specifically seeking

l Although NRC's generic inspection services). The NRC would public comment on two optional I

decommissioning activities support continue to include the costs for generic rebaselining methods for establishing both licenses authorizing operations and decommissioning / reclamation costs for the FY 1999 annual fees: those limited to decommissioning or nonpower reactors, fuel facilities, Option A, rebaselining without a cap; possession only, today only licensees materials, and uranium recovery and with an operating license bear these licensees in the surcharge assessed to Option B, rebaselining with a cap so costs. This becomes a larger problem for operat ng licensees, including operating that no licensee's annual fee increases i operating licensees because, as the number of operating licensees declines, more than 50 percent from FY 1998., power reactors, the financial burden on the remaining

2. Annual Fees Optwn A would result m a reduction in annual fees from FY 1998 of j

active licensees increases. Thus, the The NRC is proposing to estabhsh approximately 6.8 percent for each proposed rule is intended to ensure that new baseline annual fees for FY 1999. Operating power reactor, which includes all power reactor licensees who benefit The annual fees in 55171.15 and 171.16 the proposed spent fuel storag,e/ from NRC's generic activities bear a fair would be revised for FY 1999 to recover decommissioning annual fee to be l portion of these costs relating to approximately 100 percent of the FY assessed to these licensees, and ? decommissioning of reactors. 1999 budget authority,less fees reductions of approximately 7 to 49 l With negard to spent fuel storage, collected under 10 CFR part 170 and Percent for certain materials licensees. holders of licenses issued under Part 72 funds appropriated from the NWF and However, annual fees would increase l l for ISFSis are currently assessed annual the General Fund. The total amount to dramatically for certain other licensees, fees for each Part 72 license they hold. be recovered through annual fees for FY For example, rebaselining without a cap I Part 72 covers both general and specific 1999 is $339.8 million, compared to would result in an increase of I licenses. Part 72 general licenses are $360.2 million for FY 1998. approximately 112 percent for I granted to licensees who hold a Part 50 in the FY 1995 final fee rule (June 20, conventional mills for extraction of license. Part 72 specific licenses must be 1995; 60 FR 32218), the NRC stated that uranium from uranium ores,212 applied for and their issuance is not it would stabilize annual fees as follows: percent for solution mining licensees, contingent upon the licensee holding a For FY 1996 through FY 1999, the 120 percent for transportation cask i Part 50 license. Because the Part 72 NRC would adjust the annual fees only users, and up to approximately 57 general licenses are issued by regulation by the percentage change (plus or percent for certain other materials to all Part 50 licensees, these licenses minus) in NRC's total budget authority licensees. Factors contributing to the r I I are sub}ect to annual fees only when unless there was a substantial change in annual fees increases are changes in they have been used (i.e. once spent fuel the total NRC budget authority or the budgeted costs for those classes of

r 15883 Fed:rzl Regist:r/Vol. 64 No. 62/ Thursday, April 1,1999/ Proposed Rules i affected fee categories if all else remains operating power reactors, the net result licensees, the increased hourly rates the sama in addition, rebaselining of Option B would be a reduction of decreases in the numbers of licensees reflects the renewal and amendment approximately 6.75 percent in annual and, for the smaller materials licenses, costs that would be included in the fees for FY 1999 for operating power the results of the biennial review of Part annual fee for these materials licensees, reactors compared to a reduction of 170 fees required by the CFO Act, The which were not included in FY 1995. approximately 6.95 percent under biennial review shows tha! the average Option B would also result in annual Option A, a difference of approximately number of professional hours to conduct fee decreases for FY 1999 for operating $6.000 for each power reactor. The inspections and to review new license applications for materials licenses power reactor licensees and certam dmcases under both options include increased for some feo categories and matenals licensees and increases for the new spent fuel storage and reactor other hcensees. However, the increases decommissioning annual fee to be decreased for other fee categories. The would be no more than 50 percent of the assessed to operating power reactor average time to conduct inspections and Fi 1998 annual fee. The decreases for licensees. Other licensees whose the average time to review new license certain licensees under Option B would rebaseh.ned annual fees do not increase pplications for the smaller materials license fee categories are used to be slightiv less than under Option A by 50 percent or more would also pay because the 50 percent cap on annual slightly more under Option B than they diocate the materials budget for fee increases would result in w uld under Optwn A, rebaselining the annual fees because approximately $700,000 being added to Table 111 below shows the FY 1999 they reflect the complexity of the the annual fee assessed to other proposed annual fees under both license. increases in the average licensees who pay annual fees. Because rebaselining options for representative professional time for inspections and approximately 80 percent of the FY revi:ws of new license applications 1999 surcharge would be assessed to categories of licensees. result in increased annual fees for the Table 111 Proposed FY 1999 annual tee _ Class of hcensees Option A Option B (w)thc'j! a cap) (with a cap) $2,769,000 $2,775,000 Power Reactors (including spent fuel storage / reactor decommissioning annual fee). 199.000 199 000 85.900 85,600 Sp:nt fuel storage / reactor decommissioning. 3281.000 3.288,000 Nonpower Reactors. -......- - High Ennched Uranium Fuel Facihty. 1,100,000 1,103,00F Low Ennched Uranium Fuel Facility. 472,000 473,000 ) UF. Conversion Facihty, 131,000 92,100 Uranium Mdis. 109,000 52,100 Solution Mining, 66,700 66.800 Transportation: Users and Fabncators. 2,200 1.500 Users only. _. 14,700 14.700 Typical Materials Ucenses: 9,900 10,000 Radiographers. 2,600 2.500 Well loggers. 27,800 27,800 Gauge users. - Broad scope med# cal. 26,000 24,800 Broad scope manufacturers The annual fees assessed to each class of licensees includes a surcharge to recover those N d from the licensees to th-t are not directly or solely attributable to the classes of licensees but must be recovere h h 3 comply with the requirements of OBRA -90. The FY 1999 budgeted costs that would be recov from all licensees are shown in Table IV. hBLE IV-SURCHARGE FY 1999 budg-eted costs ($. M) Category of costs J 6.3

1. Activities not attributable to an existing NRC licensee or class of licensee:....

6.4

a. tntemational activities.

4.6 l 4.1 j

b. Agreement State oversight.

c. l.ow4evel waste disposal generic activities, and d Site decommissioning management plan activities not recovered under Part 170

....~ 4

2. Activities not assessed Part 170 hcensing and inspection fees or Part 171 annual fees based on exi

6.9 pohey

a. Fee exemption for nonproht education institutions.

2.8 5.3

b. Ucensing and inspection activities assoctated with other Federal agencies

c. Costs not recovered from small entities under 10 CFR 171.16(c).

14.6

3. Activities supporting NRC operating licensees and others:

4.2

a. Regulatory support to Agreement States.

b. Decommissioning / reclamation, except those related to power reactors I

d

g 15884 Fed:r:I Register / Vol. 64 No. 62 /Thursda),.* pril 1,1999 / Proposed Rules TABLE IV-SURCHARGE--Continued ii gg j FY 1999 budg-l Category of costs e j eted costs i ($.M) Total Budgeted Costs. .f 553 l fh The NRC would continue to allocate the surcharge costs. except LLW surcharge costs, to each class of licensees g ;y based on the percent of budget for that class. The NhC would continue to allocate the LLW surcharge costs based on the volume disposed by the certain classes of licensees. The proposed surcharge costs alh>cated to each class are l p included in the annual fee that would be assessed to each licensee. The FY 1999 surcharge costs that would be allocated to each class oflicensee are shown in Table V. Ih TABLE V.-ALLOCATION OF SURCHARGE p'q LLW surcharge Non-LLW surcharge Total sur-a l2 charge Percent $.M Percent l S.M $,M Operating power reactors. 74 3.0 80.3 41.0 44.0 Spent fuel stcrage/ reactor decornmissioning 6.3 3.2 3.2 Nonpower reactors. 0.1 0.0 0.0 t. Fuel facihties. 8 0.4 50 2.6 2.9 p( Materials users : 18 0.7 5.9 3.1 38 Transportation. 1.0 0.5 0.5 Rare earth facihties. 0.1 0.0 0.0 Uraniurn recovery. 1.3 0.7 0.7 b Total Surcharge. 4.1 51.1 55.2 .L M The budgeted costs allocated to each month of the license and payment The FY 1999 budgeted costs of i class of licensees and the calculation of would be due on the date of the invoice. approximately $16.3 million to be the rebaselined foes are described in 3. In addition to comments on the recovered in annual fees assessed to the '^ l and 4. below. The workpapers which rebaselining method for determining FY fuel facility class is allocated to the '1 support this proposed rule show in 1999 annual fees, public comments are individual fuel facility licensees based detail the allocation of NRC sudgeted also being sought on whether the NRC on the revised matrix. The revisions to resourcee for each class of licensee and should, in future years, continue to use the matrix take into account changes in how the fees am calculated. The the percent change method and process operations at certain fuel workpapers may be examined at the rebaseline fees every several years as facilities. The revised matrix also NRCPublic Document Room,2120 L established in the FY 1995 fee rule explicitly recognizes the addition of the ^ ? Street NW (Lower Level), Washington, statement of considerations, or return to uranium enrichment plants to the fee q DC 20555-o001, a Pohey of rebaselining annual fees base and a reduction of three licensees g i every year. ( B&W Parks Township, B&W Research j Because the final FY 1999 fee rul will be a major final action as defined

3. Revised Fuel Cycle and Uranium and General Atomic)as the result of the 4iO by the Small Business Regulatory Recovery Matexes termination of licensed activities. In the revised matrix (which is included in our Enforcement Fairness Act of 1996, the The NRC is proposing to use revised f.

NRC's fees for FY 1999 would become matrixes in the determination of annual workpapers that we are making public), effective 60 days after publication of the fees for fuel facility and uranium licensees are grouped into five final rule in the Federal Register. The recovery licenseos. As part of the cstegories according to their licensed NRC will send an invoice for the rebaselining efforts, the NRC is activities (Le., nuclear m'aterial Jj cmount of the annual fee upon Proposing to use a revised matrix enrichment, processing operat;ons and publication of the FY 1999 final rule to depicting the categorization of fuel material form) and according to the reactors and major fuel cycle facilities. facility and uranium recovery licenses level, scope, depth of coverage and rigor t: For these licensees, payment would be by authorized matonal and use/ activity of generic regulatory programmatic 4 due on the effective date of the FY 1999 and the relative programmatic effort effort applicable to each t.ategory from k rule. Those materials licensees whose associated with each category, safety and safeguards perspectives. This methodology can be applied to license anniversary date during FY 1999

a. Fuel Facility Matrix determine fees for new licensees, falls before the effective date of the final The NRC is proposing to use a revised current licensees, licensees in unique e

FY 1999 final rule would be hilled fuel facility matrix based on the license situations, and certificate during the anniversary month of the commensdrate level of regulatory effort holders. 3) license and continue to pay annual fees related to the various fuel facility The methodology is amenable to et the FY 1998 rate in FY 1999. Those categories from both safety and changes in the number of licensees or i j materials licensees whose licen.se safeguards perspectives. The revised certificate holders, licensed-certified 8 anniversary date falls on or after the matrix results in the annual fees more material / activities, and total d effective date of the final FY 1999 final accurately reflecting our current costs of programmatic resources to be recovered rule would be billed at the FY 1999 providing generic and other regulatory through annual fees. When a license or revised rates during the anniversary services to each fuel facility type. certificate is modified, given that NRC g

I s' Federal Register / Vol. 64, No. 62 / Thursday. April 1,1999/ Proposed Rules 15885 ~ w--.--..--- recovers approximately 100 percent of fue for those remaining in the fee into the matrix. The matrix depicts the its gerieric regulatory program costs category. categorization of hcensees/ certificate through fen rncovery, this fue} facility The methdology is apphed as hdders by authorized material types fee methodology may rrmlun a change follows. First, a fee category is assigned and use/ activities and the relative in foe category and may have an effect based on the nuclear material and programmatic effort associated with on the fees assessed to other licensees activity authorized by licenso or euh category. The programmatic effort and certificate holders. For example, if certificate. Although a licensec/ (expressed as a value in the matrix) a fuel facility licensee emended its certificate holder may elect not to fully reflects the safety and safeguards risk licemse/ certificate in such a way that it utilize a license / certificate, the license / significance associated with the nuclear resulted in them not being subject to certificate is still used as the source for material and use/ activity, and the Part 171 fees applicable to fuel facilities, determining authorized nuclear material commensurate generic regulatory the budget for the safety and/or possession and use/ activity. Next, the program (i.e., scope, depth and rigor). safeguards component would be spread category and license / certificate The effort factors for the various cmong those remaining licensees / information are used to determine subclasses of fuel facility licensees are certificate holders, resulting in a higher where the licensee /ccrtificate holder fits as follows: I Effort factors l No. of facihties I Safety Safeguards High Ennched Uranium Fuel. .j 2 ! 91 (33.1%). 76 (54 7%) Enrichment - ~ 2 l 70 (25 5%). 34 (24.5 %) Low Ennched Uranium Fuel .l 4 88 (32.0%). , 24 (17.3%) UF6 Conversion. _ _ .I 1 8 (2 9%).

3 (2.2%)

Limited Operations Facdity. .l 1 12 (4 4%). 0 (0*4) 1 6 (2 2%). 2 (1.4%) Ottr.rs. These effort factors are applied to the establishing the annual fees for the program are activities related to facility $10.3 million total annual fee amount. conventiunal mills, solution mining operations and those related to facdity This amount includes the low level uranium mills, and mill tailings closure; w :ste (LLW) surcharge and other disposal facilities. The revised matrix (4) Each of the major program surcharges allocated to the fuel facility reflects NRC's significantly increased elements was further divided into three chss. efforts related to groundwater concerns subelements; for m-situ licenses and its somewhat

b. Uranium Recovery Matrix increased efforts related to groundwater (5) The three major subelements of Of the $2.1 million total budgeted concerns for conventional mills. The generic activities related to uranium 1

facility operations are activities related f costs allocated to the uranium recovery revised matrix also reflects an increase chss to be recovered through annual in regulatory efforts related to waste to the operation of the mill, activities. related to the handling and disposal of fees, approximately $870,000 would be operations for in-situ licenses. The waste, and activities related to tssessed to the DOE to recover the costs matrix has also been updated to reflect cssociated with DOE facilities under the the changes in the number of licensees prevention of groundwater i Uranium Mill Tailings Radiation within each fee category. The number of contamination. The three maior Control Act of 1978 (UMTRCA). The conventional mills has decreased from 4 subelements of generic activities related remaining $1.3 million would be in FY 1995 to 3 in FY 1999 and the to uranium facility closure are activities recovered through annual feestssessed number of licensees in the solution related to decommissioning of facilities to conventional mills, solution mining mining fee category has increased by 1. and cleanup of land, reclamation and uranium mills, and mill tailings The methodology for establishing Part closure of the tailings impoundment, disposal facilities. Because the proposed 171 annual fees for uranium recovery and cleanup of contaminated I i FY 1999 annual fees would result in licensees has not changed: groundwater. Weighted factors were i certain uranium recovery licensees (1) The methodology identifies three assigned to each program element and going from an annual billing process categories of licenses: conventional subelement. 1 based on the anniversary date of their uranium mills, solution mining uranium The applicability of the generic license to quarterly billing, those mills, and mill tailings disposal program in each subelement to each licensees would be billed upon facilities. Each of these categones uranium recovery category was publication of the final FY 1999 rule for benefits from the generic uranium 9.ualitativel estimated as either Y i the balance of the full FY 1999 annual recovery program; sg. h. cant, some, minor, or none. fee. Payment of the balance of the FY (2) The matrix relates the category and 1999 annual fee would be due on the the level of benefit, by program element The resulting relative weighted factor i effective date of the FY 1999 rule. and subelement; per facility for the various subclasses i The NRC is pro osing to revise the (3) The two malor program elements and the proposed FY 1999 annual fee matrix establishe in FY 1995 for of the generic uranium recovery for each are as follows: Level of tanefit Number of fa-Total weight cHities Category

• • '9h' Value Percent j

770k 23101 31 1 31 Class I tacdities.

.u a. B 't 15886 Federal Register / Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules l ^ Level of benefit Number of fa- ~ ,otal weight cilities Category weight j Value Percent Class !! faceties. 7 645 4515 61 11e(2) disposal. 1 475 475 6 11e(2) disposal incidental to existing tadings sites. 2 75 150 2 1

4. Annual Fee Determination for Other to be recovered in annual fees assessed under Option A or $1,500 under Option h

Classes to the approximately 5700 diverse B for holders of approved quality

a. Power Reactor 1.icensees material users and registrants, the NRC assurance plans for use only. The p

has continued the methodology used in proposed FY 1999 annual fees for p The approximately $207.3 million in FY 1995 to establish baseline annual holders of approved quality assurance d budgeted costs to be recovered through fees for this class. The annual fee is plans for design, fabrication, and use annual fees assessed to operating power based on the Part 170 application fees would be $66,700 under Option A, or q reactors would be divided equally and an estimated cost for inspections. $66,000 under Option B. among the 104 operating reactors. This Because the application fees and results in a proposed FY 1999 annual inspection costs are indicative of the

5. Admm. istrative Amendments fee of $2,570,000 per reactor under complexity of the license, this approach

a. Section 171.13 would be amended Option A, or $2,576.000 under Option continues to provide a proxy for to establish an annual fee for power B. In addition, each operating reactor allocating the generic and other reactors in a decommissioning or would be assessed the proposed spent regulatory costs to the diverse categories possession only status.

fuel storage / reactor decommissioning of licensees based on how much it costs

b. Section 171.15 would bo revised to annual fee, which for FY 1999 is NRC to regulate each category. The fee as follows:

$199,000 for each power reactor. This calculation also continues to consider (1) The heading for $ 171.15 would be would result in a total FY 1999 annual 'g fee of $2.769.000 under Option A, or the inspection frequency (priority), revised to read: Section 171.15 Annual which is indicative of the safety risk and Fees: Reactor licenses and independent 1 $2,775.000 under Option B, for each resulting regulatory costs associated spent fuel storage licenses operating power reactor. with the categories oflicensees. The (2) Paragraph (b) of 6171.15 would be 6'

b. Spent fuel Storage / Reactor annual fee for these categories of revised in its entirety to establish the FY Decommissioning licensees is developed as follows:

1999 annual fees for operating power For FY 1999, budgeted costs of Annual fee = (Application reactors, power reactors in aPProximately $24.8 million are to be ^N88'I"*Pecti n Cost dkided decommissioning or possession only recovered through annual fees assessed by inspection Pnon.ty)) multiplied by status, and Part 72 licensees who do not to Part 50 power reactors and to Part 72 the constant + (Unique Category Costs). hold Part 50 licenses. Fiscal year licensees who do not hold a Part 50 The constant is the multiple necessary references would be changed from FY license. The costs would be divided to recovery $30.5 million and is 1.3 for 1998 to FY 1999. The activities FY 1999. The uni equally among the 125 licensees, any special costs bue category costs are comprising the base annual fees and the a-at the NRC has additional charge (surcharge) are listed of 199,00 o e7ch ensee under budgeted for a specific category of in S 171.15(b) and (c) for convenience both Option A and Option B. "censees. For FY 1999, unique cost of purposes. approximately $955,400 were identified Each operating power reactor would

c. Nonpower Reactors for the medical development program pay an FY 1999 annual fee of $2,769,000 1:

Budgeted costs for FY 1999 of which is attributable to medical under Option A or $2,775,000 under rpproximately $343,400 are to be licensees. The proposed annual fees for Option B. which includes the proposed recovered from four non ower reactors each fee category under Option A and annual fee of $199,000 for spent fuel subject to annual fees. Tkis results in a Option B are shown in $ 171.16(d), storage / reactor decommissioning. Each proposed FY 1999 annual fee of $85,900

f. Transportation p wer rea tor in decommissioning or under Option A, or $85,600 under Possasion only status and each Part 72 Option B' Of the approximately $3.0 million in ilconsee who does not hold a Part 50 FY 1999 budgeted costs to be recovered license would pay the spent fuel

d. Rare Earth Facilities through annual fees assessed to the storage / reactor decommissioning annual l,

The FY 1999 budgeted costs of transportation class of licensees, fee of $199,000 under Option A or ] g pproximately $91,200 for rare earth approximately $870,000 would be Option B in FY 1999. 4 facilities to be recovered through annual recovered from annual fees assessed to (3) Paragraph (e) of $ 171.15 would be i fees would be spread uniformly among DOE based on the number of Part 71 revised to show the amount of the FY the three licensees who have a specific Certificates of Compliance DOE holds. 1999 annual fee for nonpower (test and license for receipt and processing of Of the remaining $2.7 million, research) reactors. The NRC would source material. This results in a approximately to percent would be continue to grant exemptions from the { proposed annual fue of $30.400 under allocated to holders of approved quality annual fee to Federally-owned and Option A, or $30,500 under Option B for assurance plans authorizing use, and State-owned research and test roactors ) cach rare earth facility. proximately 90 percent would be l ap!ocated to holders of approved quality that meet the exemption criteria al specified in S 171.11(a)(2).

s. Materials Users assurance plans authorizing design.

(4) Paragraph (f) of $ 171.15 would tw To equitably and fairly allocate the fabrication, and use. This results in revised to change fiscal year date $30.5 million in FY 1999 budgeted costs proposed FY 1999 annual fees of $2.200 references. i 4 4

1 l i Fed:r:1 Register / Vol, tu, No. 62/ Thursday, April 1,1999/ Proposed Rules 15887 4 m

c. Section 171.10 would be amended current proration provision of S 171.17.

any annual fee payments already made as follows: For example, those new materials for that fiscal year based on the { (1) Section 171.16(c) covers the fees licenses issued during the period anniversary month billing process. For ) assessed for those licensees that can October 1 through March 31 of the FY FY 1999, the anniversary date billing qualify as small entities under NRC size would be assessed one-half the an'nual process applies to those materials standaids. A materials licensee may pay fee in effect on the anniversary date of licenses in the following fee categories: a reduced annual fee if the licensee the license. New materials licenses 1C.1D. 2A(2) Other,2Af 3), an). 2B. qualifies as a smail entity under the issued on or after April 1,1999, would 2C,3A through 3P,4 A through 9D.10A. NRC's size standards and certifies that not be assessed an annual fee for FY and 10B. For annual foe purposes, the it is a small entity using NRC Form 526. 1999. Thereafter, the full annual fee anniversary dato of the materials license This noction would be revised to clarify would be due and payable each is considered to be the first day of the that failure to file a small entity subsequent fiscal year on the month in which the original materials i certification in a timely manner could anniversary date of the license. license was issued. For example, if the i form the basis for the denial of any Beginning June 11,1996 (the effective original materials license was issued on refund that would otherwise be due. date of the FY 1996 final rule), affected June 17 then, for annual fee purposes. The NRC would continue to assess two materials licensees are subject to the the anniversary date of the materials fees for licensees that qualify as small annual fee in effect on the anniversary license is June 1 and the licensee would j utities under the NRC's size standards. date of the license. The anniversary date continue to be billed in June of each l In g:noral, licensees with gross annual of the materials license for annual fee year for the annual fee in effect on Juno receipts of $350.000 to $5 million would purposes is the first day of the mon h in

1. Materials licensees with anniversary pry a maximum annual fee of $1,800. A which the original license was issued.

dates in FY 1999 before the effective i second or lower-tier small entity fee of

d. Section 172.19 Payment, would be date of the FY 1999 final rule would be

$400 is in place for small entities with amended as follows: billed during the anniversary month of grtns annual receipts of less than (1) Section 171.19(b) would be revised the license and continue to pay annual $350,000 and small governmental to update the fiscal year references, to fees at the FY 1998 rate in FY 1999. .I jurisdictions with a population of less include a billing process for those Those materials licensees with license I than 20,000. No change in the amount licensees whose annual fee for the anniversary dates falling on or aftor the of the small entity fees is being previous fiscal year was based on the effective date of the FY 1999 final rule proposed because the small entity fees anniversary date of the license and would be billed at the FY 1999 revised tre not based on budgeted costs but are whose revised annual fee for the current rates during the annivasary month of i e tiblished at a level to reduce the fiscal year would be based on quarterly their license. Payment would be due on impact of fees on small entities.The billing, and to give credit for partial the date of the invoice. small entity fees are shown in the payments made by certain licensees in The NRC reemphasizes that th'e proposed rule for convenience. FY 1999 toward their FY 1999 annual annual fee will be assessed based on 4 (2) Section 171.16(d) would be fees. The NRC anticipates that the first. whether a licensee holds a valid NRC revised to establish the FY 1999 annual second, and third quarterly payments license that authorizes possession and fees for materials licensecs,. including for FY 1999 will have been made by use of radioactive material. f Government agencies. licensed by the operating power reactor licensees and in summary, the NRC is proposing to: NRC. The amount or range of the some large materials licensees before the

1. Establish a new spent Tuel storage /

l poposed FY 1999 annual fees for final rule becomes effective. Therefore, reactor decommissioning annual fee in mat: rials licenses range from $600 for a the NRC would credit payments 10 CFR 171.15, and eliminate the I lic:nse authorizing the use of source received for those quarterly annual fee current annual fee in 10 CFR 171.10 for material for shielding, to $27,800 for a assessments toward the total annual fee independent spent fuel storage licenses. license of broad scope for human use of to be assessed.The NRC would adjust The proposed annual fee would be byproduct, scurce, or special nuclear the fourth quarterly invoice to recover assessed to all Part 50 power reactor material. Because of rounding. the fees the full amount of the revised annual fee licensees, including those in for most materials licensees would be or to make refunds, as necessary. decommissioning or possession only the same under Option A and Option B. Payment of the annual fee is due on the status, and to those Part 72 licensees Th3 proposed annual fee for the date of the invoice and interest accrues who do not hold a Part 50 license: " master" materials licenses of broad from the invoice date. However, interest

2. Establish new baseline annual fees scope issued to Government agencies would be waived if payment is received for FY 1999. Because the rebaselined

$351,000 under Option A or Option B. within 30 days from the invoice date. feos would result in significant (3) Footnote 1 of S 171.16(d) would be (2) Section 171.19(c) would be revised increases for some licenseos, the NRC is cmnded to provido a waiver of the to update fiscal year references, seeking public comment on two Ennual fees for materials licensees, and As in FY 1998, the NRC would potential methods for establishing the holders of certificates, registrations, and continue to bill annual fees for most FY 1999 annual fees: (1) rebaseline the cpprovals, who either filed for materials licenses on the anniversary fees without a cap on fee increases, or tir dination of their licenses or date of the license (licensees whose (2) rebaseline the annual fees with a cap cpprovals or filed for possession only/ annual fees are $100,000 or more would so that no licensees' annual fee storage only licenses before October 1, continue to be assessed quarterly). The increases more than 50 percent from FY 1998, and permanently ceased licensed annual fee assessed would be the fee in 1998;and cctivities entirely by September 30, effect on the license anniversary date,

3. Use revised matrixes for allocating 1998. All other licensees and approval unless the annual fee for the prior year the fuel facility and uranium recovery holders who held a license or approval was less than $100,000 and the revised budgeted costs to licensees in those fee on October 1,1998, would be subject to annual fee for the current fiscal year is classes.

ths FY 1999 annual fees. $100.000 or more. In this case, the 11olders of new licenses issued during revised amount would be billed to the 111. Plain 1,.anguage FY 1999 would be subject to a prorated licensees upon publication of the final The Presidential Memorandum dated tnnual fee in accordance with the rule in the Federal Register, adjusted for June 1,1998, entitled, " Plain Language i i [ 1

T t V 4-15888 Federal Register / Vol. 64, No. 62 / Thursday, April 1,1999 / Proposed Rules ~ in Government Writing." directed that the Courts enabled the Commission to discretion, determines can fairly, the Federal g.wernment's writing he in develop foe guidelin"s that are still used equitahlv, and practicably contribute to plain languagn (61 FR 31883. June 10, for cost recovery and fee development their payment. 1998). The NRC rupiests comments on purposes. In additien, the NRC's FY 1949 this proposed rule specifically with The Commission's fee guidelines were appropriations language provides that respect to the danty and effettiveness uphrhl on August 24,1979, by the U.S. $12 million appropriated from the l of the language used. Comments on the Court of Appeals for the Fifth Circuit in General Fund for activities related to language used should be sent to the Missis.sippi Power and Light Co. v. US. regulatory reviews and other assistance lp NRC as indicated under the ADDRESSES Nuclear Regulatory Commission,601 provided to the Department of Energy heading. F 2d 223 (5th Cir.1979). cert. denied, and other Federal agencies be excluded 444 U.S.1102 (1980). The Court held from fee recovery. p lb, E.nvironmental Impact: Categorical 10 ( FR Part 171, which established (1) The NRC had the authority to annual fees for operating power reactors The NRC has determmed that this recover the full cost of providing effective October 20,1986 (51 FR 33224; i, proposed rule is the type of action ,mrvices to identifiable beneficiaries: Septemhor 18,1986), was challenged .i described in categorical exclusion 10 (2) The NRC could properly assess a and upheld in its entirety in Florida h. CFR 51.22(c)(1). Therefore, neither an fee for the costs of providing routine Power and Light Comprmy v. United environmentalimpact statemer.t nor an inspections necessary to ensure a States,840 F.2d 765 (D.C. Cir.1988). I environmental impact asse8sment has licensee's compliance with the Atomic cert. denied,490 U.S.1045 (1989). been prepared for the proposed Energy Act and with applicable The NRC's FY 1991 annual fee rule regulation. By its very nature, this regulations: was largely upheld by the D C. Circuit regulatory action does not affect the (3) The NRC could charge for costs Court of Appeals in Allied Signalv. environment, and therefore, no incurred in conducting environmental NRC. 988 F.2d 146 (D.C. Cir.1993). environmental justice issues are raised. reviews re uired by NEPA: VII, Regulatory Flexibility Analysis I The NRC is required by the O[nnibus V, Paperwork Reduction Act Statement cos nc nt ste car n d of This proposed rule contains no administrative and technical support Budget Reconciliation Act of 1990 to information collection requirements services in the fee schedule; recover approximately 100 percent ofits and, therefore, is not subject to the (5) Tho NRC could assess a fee for budget authority through the assessment requirements of the Paperwork renewing a license to operate a low. of user fees. OBRA-90 further requires Reduction Act of 1995 (44 U.S.C. 3501 level radioactive waste burial site; and that the NRC establish a schedule of l et sey). (6) The NRC's fees were not arbitrary charges that fairly and equitably VI, Regulatory Analysis r caprici us. allocates the aggregate amount of these With respect to 10 CFR part 171, on charges among licensees. With respect to 10 CFR part 170, this November 5,1990, the Congress passed This proposed rule establishes the proposed rule was developed pursuant Public Law 101-508, the Omnibus schedules of fees that are necessary to l to Title V of the Independent Offices Budget Reconciliation Act of1990 implement the Congressional mandate Appropriation Act of 1952 (lOAA) (31 (OBRA-90) which required that for FYs for FY 1999. The proposed rule would U.S.C. 9701) and the Commission's fee 1991 through 1995, approximately 100 result in increases in the annual fees guidelines. When developing these percent of the NRC budget authority be charged to certain licensees and holders guidelines the Commission took into recovered through the assessment of of certificates, registrations, and account guidance provided by the U.S. fees. OBRA-90 was amended in 1998 to approvals, and decreases in annual fees Supreme Court on March 4,1974, in its extend the 100 percent fee recovery for others. The Regulatory Flexibility decision of National Cable Television requirement for N"C through FY 1999. Analysis, prepared in accordance with 5 Association, Inc. v. Umfed States,415 T3 accomplish this, natutory U.S.C. 604, is included as Appendix A U.S. 36 (1974) and Federal Power requirement, the NRC, in accordance to this proposed rule. The Small Comrnission v. New England Power with S 171.13, is publishing the Business Regulatory Enforcement Company,415 U.S. 345 (1974). In these proposed amount of the FY 1999 annual Fairness Act of 1996 (SBREFA) was decisions, the Court held that the IOAA fees for operating reactor licensees, fuel signed into law on March 29,1996. The authorir.es an agency to charge fees for cycle licensees, materials licensees, and SBREFA requires all Federal agencies to special benefits rendered to identifiable holders of Certificates of Compliance, prepare a written compliance guide for persons measured by the "value to the registrations of sealed source and each rule for which the agency is recipient" of the agency service. The devices and QA program approvals, and required by 5 U.S.C. 604 to prepare a j meaning of the IOAA was further Government agencies. OBRA-90 and the regulatory flexibility analysis. I clarified on December 16,1976, by four Conference Committee Report Therefore, in compliance with the law, j decisions of the U.S. Court of Appeals to the Regulatory sp(ecifically state that-1) The annual fees be based on the Flexibility Analysis is the small entity for the District of Columbia: National Cable Television Association v. Fedeml Commission's FY 1999 budget of 5469.8 corcpliance guide for FY 1999. bj Communications Commission,554 F.2d million less the amounts collected from VIII.Backfit Analysis 1094 (D.C. Cir.1976); National Part 170 fees and the funds directly Association of Broadcasters v. Fedemi appropriated from the NWF to cover the The NRC has determined that the Communications Commission,554 F.2d NRC's high level waste program; backfit rule,10 CFR 50.109, does not 1118 (D C. Cir.1976), Electmnic (2) The annual fees shall, to the apply to this proposed rule and that a 1 { Industries Association v. Federal maxhnum extent practicable, have a backfit analysis is not required for this Communications Commission,554 F.2d reasonable relatiophip to the cost of proposed mle. The backfit analysis is 1109 (D.C. Cir.1976) and Capital Cities regulatory services provided by the not required because these proposed Cornmunication, Inc. v. Federal Commission; and amendments do not require the i Communications Commission,554 F.2d (3) The annual fees be assessed to modification of or additions to systems. 1135 (D.C. Cir.1976). These decisions of those licensees the Commission, in its structures, components, or the design of t [ 9

~ 7r .. l 15889 Federal Register /Vol. M, No. 62 / Thursday, April 1,1999 / Proposed Rules mshington, DC 20555-0000 =. implementation of safety issues. A non-Communications may be delivered in a facility or the design approval or routine or reactive inspection has the person at the Commission's offices at manufacturing license for a facdity or same purpose as the routine inspection; 11555 Rt>ckville Pike, Roc kville, Mb. the procedures or organization required (3) Reviews and assessments of

5. In % UOm, paragraph (a)(11) is to design, construct or operate a facility.

nseo pedonnance: removed and reserved and paragraph List of Subjects (4) Evaluations, such as those (a)(12) is added to read as follows: performed by Diagnostic Evaluation to CFff Part 170 Teams; or 170.11 Exemptions. Byproduct material, import and (5) Inn, dent investigations s (12) A performance assessment or export licenses, Intergovernmental relations,Non payment penalties, Materials license means a license, evaluation for which the licensee I Nuclear materials, Nuclear power plants certificate, approval, registration, or g g g gg, g and reactors, Sourcu material, Speciaj other form of permission issued by the hid is shed by MRC. NRC under the regulations in 10 CFR nuclear material, parts 30,32 through 36,39,40,61,7d, fi. Section 170.12 is revised to read as 10 CFR Part 171 71,72 and 76, IUU "; Annual charges,11yproduct material, $ 170.12 Payment of fees. llolders of certificates, registrations, Special projects means those requests (a) Ap licofion fees. Each application approvals, Intergovernmental relations, submitted to the Commission for review i for which a fee is prescribed must bo Non-payment penalties, Nuclear for which fees are not otherwisu accompanied by a remittance for the full materials, Nuc! ear power plants and specified in this chapter. Examples of amount of the fee. The NRC will not reactors, Source material, Specul special projects include, but are not nuclear matenal. limited to, topical reports reviews, early issue a new license or an amendment For the reasons set wt ie the site reviews, waste solidification increasing tlm scope of an existing

reamble and under the authon,ty of the facilities, route approvals for shipment license to a higher fee category or atomic Energy Act of 1954, as amended, of radioactive materials, services adding a new fee category prior to receiving the prescribed application fee.

and 5 U.S.C. 553, the NRC is proposing provided to certify licensee, vendor, or The application fee (s) is charged to adopt the following amendments to other private industry personnel as whether the Commission approves the 10 CFR parts 170 and 171. ors for Part 55 reactor operators, applicadon m not. ne application sm PART 170--FEES FOR FACILITIES'T submittals that do not require a hcense fee (s)is also charged if the applicant MATERIALS, IMPORT AND EXPOR ame dment, reviews of mponses to withdraws the a iplication. REGULATORY SERVICES UNDER THE Confirmatory Action Letters, reviews of (b) Licensing ees. (1) Licensing fees LICENSES ANDOTHER to recover full costs ATOMIC ENERGY ACT OF 1954+ ASuranium recovery licensees land use will be assesso survey reports, and reviews of 10 CFR for-- (i)The review of applications for new f AMENDED 50.71 f' al safety analysis reports. As licenses and approvals; m

1. The authority citation for " art 170 used in this part, special projects does (ii)The review of applications for continues to read as follows:

n t include reauests/ reports suhmitted amendments to and renewal of existing j Authority:31 U S.C. 9701,96 Stat.1as1: o the NRC: licenses 3r approvals; sec. 301, Pub. L 92-314, BG Stat. 222 (42 (1) In response to a Generic Letter or (iii) Preapplication consultations and U.S.C. 2201wh sec. 201, Pub. L 93-4381,88 NRC Bulletin which does not result in reviews; and Stit.1242, as amended (42 U.S C. tatth sec. an amendment to the license, does not fiv) The full cost for project managers 205, Pub. L 101-576,104 Stat. 2842. (31 result in the review of an alternate assigned to a specific plant or facility, U.S.C. 90tl. m thod or reanalysis to meet the excluding leave time and time spent on

2. In,170.2, paragraph (r) is added to requirements f the Generic Letter, or generic activities (such as rulemaking).

r read as follows.' does not involve an unreviewed safety (2) Full cost foes will be determined based on the professional staff time and j issue; $ 170.2 Scope, (2)in response to an NRC request (at appropriate contractual support services l the Associate Office Director level or axpended. The full cost fees for e (t) An applicant for or a holder of a above) to resolve an identified safety, professional staff time will be i c"rtificate of compliance issued under safeguards or environmental issue, or to determined at the professional hourly [ 10 CFR Part 76. assist the NRC in developing a rule, rates in effect the time the service was terms Inspections, Ataterials license, and regulatory guide, po icy statemen, provided. The full cost fees are payable jI

3. In $ 170.3, the d afinition of the l

t up(on notification by the Commissi j generic letter, or bulletin; or Special projects are revised to read as (3) As a means of exchanging 3)The NRC intends to bill each 1 follows: information between industry applicant or licensee at quarterly organizations and the NRC for the intervals for all accumulated costs for f $ 170.3 Definitions. purpose of supporting generic each application the applicant or g regulatory improvements or efforts. licensee has on file for NRC review. until the review is completed, except for Inspection means: (1) Routine inspections designed to evaluate the licensee's activities within 4. Section 170.5 is revised to read ascosts that were deferred before August the context of the licensen having follows: 9,1991. The deferred costs will be billed as described in paragraphs (b)(5), primary responsibility for protection of 6170.5 communications. ib)(6) and (b)l7) of this section. Each b the public and environment; All communications concerning the willidentify the applications and (2) Non-routine inspections in regulations in this part should be documents submitted for review and the response or reaction to an incident, addressed to the Chief Financial Officer, costs related to each. alles;ation, followup to inspection U.S. Nuclear Regulatory Commission, deficiencies or inspections to determine I g

I l I ] 15890 Fed:rel Register /Vol. 64, No. 62 / Thursday, April 1,19ml/ Proposed Rules (4) The NRC intends to bill each applicant or licensee for costs related to installment, unless another entity is (ii) Financial assurance submittals supplying the design to the applicant for that do not require a license project manager time on a quarterly the construction permit, combined basis. Each bill will identify the costs license. or e erating license, in which amendment; i related to project manager tirpe. (iii) Responses to Confirmatory Action (5) Costs for review ofpqplication case the other entity shall pay the Letters: installment. for renewal of a standard design (ii)In the case of a design which has (iv) Uranium recovery licensees' land-certification which have been deferred been approved and for which an uso survey reports; and i prior ;o the effective date of this rule application for certification is pending, (v) 10 CFR 50.71 final safety analysb l must be paid as follows: The full cost of no fees are'due until after the "P" ' review for a renewed standard design certification is granted. If the design is () he NRC intends to bill each certification must be paid by the not referenced, or if all costs are not applicant or licensee at quarterly applicant for renewal or other entity recovered, within fifteen years after the intervals until the review is completed. supplying the design to an applicant for a construction permit, combmed license date of certification, the applicant shall fu m tied f co$t issued under to CFR part 52, or pay the costs, or remainder of those, at e an t the time, operating license, as appropriate, in five related to each. The fees are payable (5) equal installments. An installment is (iii)In the case of a design for which UPon notification by the Commission. p:yable each of the first five times the a certification has been granted,if the (e) Part 55 iwiewfees. Fees for Part renewed certification is referenced in an design is not referenced, or if all costs 55 review services are based on NRC are not recovered, within fifteen years tinm spent in administering the application for a construction permit, after the date of the certification, the examinations and tests and any related i combined license, or operating license. applicant shall pay the costs for the contractual costs. The fees assessed will The applicant for renewal shall pay the review of the application, or remainder alsa include related activities such as i installment, unless another entity is of those costs, at that time. Preparing, reviewing, and grading of the supplying the design to the applicant for (c) Inspection fees. (1) Inspection fees pxaminations and tests. The NRC tha construction permit, combined license, or operating license, in which will be assessed to recover full cost for mtends to bill the costs at quarterly ctse the entity shall pay the installment. each resident inspector (including the intervals to the licensee employing the If the design is not referenced, or if all senior resident inspector), assigned to a Operators. of the costs are not recovered, within specific plant or facility. The fees (f) Method ofpayment. All license fee fifteen years after the date of renewal of assessed will be based on the number of payments are to be made payable to the j ths certification, the applicant for hours that each inspector assigned to U.S. Nuclear Regulatory Conunission, i renewal shall pay the costs for the the plant or facility is in an official duty The payments are to be made in U.S. I renewal, or remainder of those costs, at status (i.e., all time in a non-leave status funds by electronic funds transfer such thit time. will be billed), and the hours will be as ACT(Automated Clearingliouse) (6) Costs for the review of an billed at the appropriate hourly rate using E.D.I. (Electronic Data cpplication for renewal of an early site established in to CFR 170.20. Resident laterchange), check, draft, money order, inspectors

• time related to a specific or credit card. Payment ofinvoices of permit which have been deferred prior inspection will be included in the fee

$5,000 qr more should be paid via ACT to the effective date of this rule will continue to be deferred as follows: The assessed for the specific inspection in through NRC's Lockbox Bank at the bolzler of the renewed pennit shall pay accordance with paragraph (c)(2) of this address indicated on the invoice. Credit section. tha applicable fees for the renewed permit at the time an application for a (2) Inspection fees will be assessed to card payments should be made up to the limit established by the credit card bank construction permit or combined license recover the full cost for each specific at the address indicated on the invoice. I ref;rencing the permit is filed. If, at the inspection, including plant-or licensee-Specific written instructions for making cnd of the renewal period of the permit, specific performance reviews and electronic payments and credit card no facility application referencing the assessments, evaluations, and incident payments may be obtained by early site permit has been docketed, the investigations. For inspections that contacting the License Fee and result in the issuance of an inspection Accounts Receivable Branch at 301-pennit holder shall pay any outstanding report, fees will be assessed for costs415-7550 In accordance with fees for the permit, (7)(i) The full cost of review for a incurred up to approximately 30 days st:ndardized design approval or after the inspection report is issued. The Department of the Treasury c:rtification that has been deferred prior costs for these inspections include requirements, refunds will only be mada upon receipt ofinformation on the to the effective date of the rule must be preparation time, time on site, payee's financial institution and bank paid by the holder of the design documentation time, and follow-up accounts. approval, the applicant for certification, activities and any associated contractual

7. Section 170.20 is revised to read as or other entity supplying the design to service costs, but exclude the time follows:

en applicant for a construction permit. involved in the processing and issuance combined license issued under to CFR of a notice of violation or civil penalty. I170.20 Average cost per professional part 52, or operating license, as (3) The NRC intends to bill for (ppropriate,in five (5) equal resident inspectors' time and for Fees for permits, licenses, installments. An installment is payable specific inspections subject to full cost amendments, renewals, special projects, ccch of the first five times the approved / recovery on a quarterly basis. The fees Part 55 requalification and replacement certified design is referenced in an are payable upon notification by the examinations and tests, other required li Commission. reviews, approvals, and inspections spP cation for a construction permit, (d) Special project fees. (1) Fees for under $5170.21 and 170.31 will be combined license issued under 10 CFR put 52, or operating license. In the case special projects are based on the full calculated using the following of a standard design certification, the cost of the review. Special projects applicable professional staff.bour rates: includes activities such as-cpplicant for certification shall pay the (i) Topical reports: G 170.21 Activities) - sto per hour. Reactor Program. I e d

Federal Register / Vol. 64, No. 62/Thursd April L 1999 / Proposed Rules 15891 Nuclear Materials and Nu-110 per hour. 9170.21 Schedule of fees for production approvals of facility standard reference =- and utilization facilities, review of standard designs, requalification and replacement clear Waste Program referenced sign approvals, special examinations for reactor operators, and (l17tL31 Activities). projects, inspections and import and export sI cial irojects and holders of f I.

licenses,

' mstruction permits, licenses, and f1

8. In S 170.21, the n, (EAl_uctory text, Category K, and footnotes 1 and 2 to the Applicants for construction permits, ther approvals sliall pay fees for the tablo are revised to read as follows:

manufacturing licenses, operating following categones of services. licenses, import and export licenses, SCHEDULE OF FACILITY FEES [See footnotes at end of table] 1 i Fees': Facility categones and type of fees i f K. Import and export licenses:LicensoS for the import and export only of production and utilization facihties of the export only of com { tion and utilization facihties issued under 10 CFR part 110. 1 Apphcation for import or export of reactors and other facihties and exports of components which must be reviewed by the Commissior,ers and the Executive Branch, for example, actions Jnder 10 CFR 110.40(b): $9,100. j Applicatiorsew heense $9,100. j

2. Apphcation for export of reactor and other components requinng Executive Branch review only, for example, those I

Amendment. ~ actions under 10 CFR 110.41(a)(1H8): $5.600. Application-new bcense $5.600. Amendment.

3. Application for export of components requinng foreign govemment assurances only:

$1,700. Applicatiorsew hcense $1,700 Amendment. ... ~.

4. Application for export of facihty components and equipment not requinng Commissioner review, Executive Branch review, or foreign goveminent assurances:

$1,100. Applicatiorsew license $1,100. Amendment.

5. Minor amendment of any export or import heense to extend the expiration date, change domestic information, or make other revisions which do not require in-depth analysis or review;

$210. AHmi-dT ent fic lly from the 1 Fees will not be charged for orders issued by the Commission under $2.202 of this chapter or for amendrnents resulting speci requirements of these types of Commission orders. Fees will be charged for approvals issued under a spe j mission's regulations under Title 10 of the Code of Federal Regulations (e.g., $$ 50.12, 73.5) ture, regardless of whether the approval is in the form of a Scense amendment, letter of approvat, safety e for licenses in this schedule that are initially issued for less than futi power are based on review through the issu (generaDy fun power is considered 100 percent of the facihty's full rated power). Thus,if a licensee receeved bcense for less than full power and subEequently receives full power authonty (by way of hcense amendment or license will be determined through that penod when authonty #s granted for full power operation. If a situation a termines that full operating power for a particular facihty should be less than 100 percent of full rated power, t-d that determined lower operating power level and not at the 100 percent capacity. For applications 8 Fun cost fees will be determined based on the professional stan time and appropriate contractual support services ex. currently on file and for wh6ch fees are determined based on the full cost expended for the review, the pr r; view of the apphcation up to the effective date of the final rule will be determined at the professional rates provided. For those applications currently on file for which review costs have reached an applicable and July 2,1990, rules but are still pending completion of the review, the cost incurred after any apphcable will be as-29,1989, will not be bihed to the applicant. Any professional staff. hours expended above those ceshngs on o as appropnate, except for topscal reports whose costs exceed $50,000. Costs which ex-ceed $50,000 for any topical report, amendment, revision or supplement sessed at the applicable rates established by 6170 20, applicable rate established in 9170 20. g 170.31 Schedule of fees for materials materials licenses, or import and export licenses and other regulatory services, licenses shall pay fees for the following I

9. Section 170.31 is revised to read as including inspections, and import and categories of services.This schedule includes fees for health and safety and follows.

exportlicenses, Applicants for matenals h, censes safeguards inspections where import and export licenses, and oth'erapplicable. regulatory services and holders of SCHEDULE OF MATERIALS FEES [See footnotes at end of table] l Fee 3 a Category of matenals licenses and type of fees' l

1. Special nuclear material;

r y 15892 q Fed:r:1 Regi:t:r/Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules ' Q SCHEDULE OF MATERIALS FEES-Continued - {g i 1 [See footnotes at end of table) i ( j' Cat 6g.sy of matenals bcenses and type of fees ' .l Feer 3 ~ A. Ucenses for possession and use of 200 grams or more of plutonium in unsealed form or 350 grams or more of l U-235 in unsealed form or 200 grams or more of U-233 in unsealed form. This includes appbcations to term n a ned i j as well as hcenses authorizing possession only; q Ucensing and Inspection. ' Full Cost I B. Ucenses for receipt and storage of spent fuel at an independent spent fuel storage installation (ISFSI): Ucensing and inspection,. 4 C. Ucenses for possescion and use of special nuclear matenal in sealed sources contained an devices used in measunng systems, including x. ray fluorescence analyzers:* Full Cost. y Application pd 5640. D. All other special nuclear rnatenal hcenses, except hcenses authonz6ng special nuclear material in unsealed bination that would constitute a entical quantity, as dehned in 6150.11 of this chapter, for which the licen [ same fees as those for Category 1 A;* r Application.......... E. Ucenses or certificates for construction and operation of a uranium enrichment facihly. $1,300 Ucensing and inspection. l

2. Source material:

Full Cost. A.(1) Licenses for possession and use of source matenal in recovery operations such as milling, in-situ leac essing of ores containing source material for extraction of metals other than i Izing the possession of byproduct waste matenal (tailings) from source matenal recovery operations as well as lice authorizing the possession and rnaintenance of a facihty in a standby mode: Ocensing and inspection.. ....... ~.. ~..... (2) Licenses that authorize the receipt of byproduct matenal, as defined in Section 11e(2) of the Atomic Energy A Full Cost. other persons for possession and disposal except those hcenses subject to fees in Category 2.A.(1): Licensing and inspection. ~ (3) Ocenses that authonze the receipt of byproduct material, as defined in Section 11e(2) of the Atomic Energy A other persons for possession and disposalincidental to the disposal of the uranium waste tailings generated by the ee's milling operabons, except those licenses subject to the fees in Category 2.A (1) Ucensing and inspection.. Full Cost. B. Ucenses which authorize the possession, use, and/or installation of source material for shielding: Application. C. All other source matenal heenses: $150. s l Apphcation...

3. Byproduct matenal:

55,500. A. Uconses of broad scope for the possession and use of byproduct material issued under Parts 30 and 33 of this c l for processing or manufactunng of items containing byproduct material for commercial distribution: t Applicabon _ _ B. Other licenses br possession and use of byproduct material issued under Part 30 of this chapter for processing or m $6.600. facturing of items containing byproduct material for commercial distribution: Application................. $2.400. C. Ucenses issued under $$ 32.72,32.73, and/or 32.74 of this chapter that authorize the processing or manufacturin 1' distribution or redistribute of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing product rnatorial. This category does not apply to licenses issued to nonprofit educational institutions whose processing manufacturing is exempt under 10 CFR 170.11(a)(4). These hcenses are covered by fee Category 3D: I Application.. ............................. ~... _....... _ _.......... ~... ~ - _... $10.200. D. Ucenses and approvals issued under $$ 32.72,32.73, and/or 32.74 of this chapter authorizing distnbution or redistnbuti of radiopharmaceuticals, generators, reagent luta, and/or sources or devices not involving processing of byproduct mate-rial. This category includes licenses issued under $5 32.72,32.73, and/or 32.74 of this chapter to nonprofst educationalird i strtutions whose processing or manufacturing is exempt under 10 CFR 170.11(a)(4): Application E. Ucenses for possession and use of byproduct matertal in sea)ed sources for irrad,ata of materials in which the source is not removed from its shield (self shielded units): $2,400. Apphcation. . - ~.... - -. -. ~..... -.. -.. - F. Ucenses for possession and use of less than 10,000 cunes of byproduct matenal in sealed sources for irradiation of ma- $1,700. terials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irra-deation of materials where the source is not exposed for arradiation purposes: Application $3,300. G. Licenses for P-im and use of 10,000 cunes or more of byproduct material in sealed sources for irrediation of mate-rials in which the soun e is exposed for irradiate purposes. This category also includes underwater irradiators for irradia. tion of materials where the source is not exposed for irradia',lon purposes. Application ~... $3,400. H. Ucensos issued under Subpart A of Part 32 of this chapter to distnbute ttems containing byproduct matenal that require device review to persons exempt from the hcensing requirements of Part 30 of this chapter. The category does not include specific hcenses authortzing redistnbution of items that have been authonzed for distnbution to persons exempt from the I.- consing requirements of Part 30 of this chapter: Apphcation. } $2,000. L Ucenses issued under Subpart A of Part 32 of this chapter to distribute 6tems containing byproduct matenal or quantities } ' byproduct material that do not require device evaluation to persons exempt from the bcensing requirements of Part 30 of i this chapter, This category does not include specific keenses authonzing redistnbution of items that have been authorized for distribution to persons exempt from the hcensing requirements of Part 30 of this chapter: Application - $3.200. s

o Federal Register /Vol, 64, No. 62/ Thursday, April 1,1999/ Proposed Rules 15893 j, 2 SCHEDULE OF MATERIALS FEES-Continued l [Seehotnotes at end of tablel j _- Category of materials hcenses and type of fees' l Fee 23 J. Licenses issued under Subpart B of Part 32 of this chapter to distnbute itema containing byproduct matenal that require sealed source and/or device review to persons generally hcensed under Part 31 of this chapter. This category does not in-clude specific licenses authonzing redistribution of items that have been authonzed for distnbution to persons generally h-censed under Part 31 of this chapter: Appication..............................................- $ f.000 K. Licenses issued under Subpart B of Part 32 of this chapter to distnbute items containing byproduct matenal or quantities of byproduct material that do not require sealed source and/or device review to persons generally licensed under Part 31 of this chapter. This category does not include. specific heenses authonzing redistnbution of items that have been author. ized for distnbution to persons generally licensed under Part 31 of this chapter: Application...... $600 L. Licenses of broad scope for possession and use of byproduct material issued under Parts 30 and 33 of this chapter for research and development that do not authorize commercial distnbution: Application...... M. Other licenses for possession and use of byproduct matenal issued under Part 30 of this chapter for research and devel--. $5,500. 4 opment that do not authorize commercial distnbution: Appbcation....... _. $2,300. N. Licenses that authonze services for other licensees, except: (1) Licenses that authorize only calibration and/or leak testing service 6 are subject to the fees specified in fee Category 3P; and ] (2) Ucenses that authonze waste disposal services are subject to the fees specified in fee Categones 4A,48, and 4C: Application. $2,300. O. Licenses for possession and use of byproduct material issued under Part 34 of this chapter for industrial radiography op-erations: Apphcation P. All other specific byproduct material licenses, except those in Categories 4A through 9D:_..... _ _.................. 55,800. Apphcation. $1,300.

4. Waste disposal and processing-A. Licenses spectfically authorizing the receipt of waste byproduct matenal, source material, or special nuclear material from other persons for the purpose of contingency storage or commercial land disposal by the hcensee; or heenses 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 I

to another person authorized to receive or dispose of waste material: Licensing and inspection FuH Cost. 4 B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear matenal from other persons for the purpose of packaging or repackaging the matenal. The licensee will dispose of the material by trans-for to another person authorized to receive or dispose of the matenal: Apphcation $1,700. C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material: Apphcation. $2,500.

5. Well logging A. Licenses for possession and use of byproduct material, source matenal, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies:

Apphcation $6,000. B. Licenses for possession and use of byproduct matenal for field flooding tracer studies: Ucensing Full Cost.

6. Nuclear laundries:

A. Licenses for commercial ccelection and laundry of items contaminated with byproduct material, source material, or special nuclear material: Application $11,200.

7. Medical licenses:

) A. Licennes issued under Parts 30,35,40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear materialin sealed sources contained in teletherapy devices: .I j Apphcation $6.100. B. Licenses of broad scope issued to medical institutions or two or more physicians under Parts 30,33,35,40, and 70 of l this chapter authorizing research and development, including human use of byproduct material, except heenses for byprod-uct material, source material, or special nuclear material in sealed sources contained in teletherapy devices: Application $4.400 1 C. Other hcenses issued under Parts 30,35,40, and 70 of this chapter for human use of byproduct material, source mate-rial, and/or special nuclear material, except licenses for byproduct matenal, source material, or special nuclear material in sealed sources contained in teletherapy devices: Apphcation $2,400.

8. Civil defense:

A. Licenses for possesstun and use of byproduct material, source matenal, or special nuclear matenal for civil defense activi-ties: Application $320.

9. Device, product, or sealed source safety evaluation:

A. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear matenal, ex-l cept reactor fuel devices, for commercial dittr'bution: l Apphcation-each device $5,200. 8 k

Federal Register / Vol. 64, No. 62 / Thursday, April 1,1999 / Pmposed Rules 15893 SCHEDULE OF MATERIALS FEES-Continued 4 [SeeMotnotes at end of table) Category of matenals hcenses and type of fees' FeeM J Licenses issued under Subpart B of Part 32 of this chapter to distnbute items containing byproduct matenal that require j sealed source andor device review to persons generally licensed under Part 31 of this chapter. This category does not in-clude specific licenses authortzing redistnbution of items that have been authonzed for distnbution to persons generally h-f consed under Part 31 of this chapter. Apphcation $1.000 K. Licenses issued under Subpart B of Part 32 of this chapter to distnbute items containing byproduct matenal or quantities j of byproduct matenal that do not require sealed source and/or device review to persons generally bcensed under Part 31 l i of this chapter. This category does not include specific hcenses authonzing redistnbution of items that have been author. ized for distnbution to persons generally licensed under Part 31 of this chapter: Apphcation....... $600 L Licenses of broad scope for possession and use of byproduct matenal issued under Parts 30 and 33 of this chapter for research and development that do not authonze commercial distnbution: Application...... $5.500. M. Other hcenses for possession and use of byproduct matenal issued under Part 30 of this chapter for research and devel-q opment that do not authonze commercial distnbution: Apphcation $2.300. i N. Licenses that authonze services for other hcensees, except: I (1) Licenses that authonze only cakbration and/or leak testing services are subject to the fees specified in fee Category 3P; and (2) Licenses that authonze waste disposal services are subject to the fees specified in fee Categones 4A. 4B, and 4C: Application. $2,300 O Licenses for possession and use of byproduct matenal issued under Part 34 of this chapter for industnal radiography op-l erations: Apphcation $5,800 P. All other specific byproduct matenal heenses, except those in Categones 4A through 90: Application.. $1,300.

4. Waste disposal and processing:

A. Licenses specifically authonzing the receipt of waste byproduct matenal, source matenal, or special nuclear matenal from other persons for the purpose of contingency storage or cominercial land disposal by the hcensee; or hcenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or hcenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages I to another person authorized to receive or dispose of waste matenal: Licensing and inspection. ~......... Full Cost. B. Licenses specifically authorizing the receipt of waste byproduct matenal, source matenal, or special nuclear matenal from i other persons for the purpose of packaging or repackaging the matenal. The hcensee will dispose of the matenal by trans-fer to another person authorized to receive or dispose of the matenal: .~. $1,700. Apphcation... C. Licenses specifically authonzing the receipt of prepackaged waste byproduct material, source matenal, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authonzed to receive or dispose of the matenal: Apphcation $2,500.

5. Well logging:

A. Licenses for possession and use of byproduct matenal, source matenal, and/or special nuclear matenal for wel logging, well surveys, and tracer studies other than field flooding tracer studies: Application. $6,000. B. Licenses for possession and use of bypruduct matenal for field fiooding tracer studies: Licensing. Full Cost.

6. Nuclear laundnes:

A. Licenses for commercial cohection and laundry of items contaminated with byproduct matenal, source material, or special nuclear matenal: Apphcation $11,200.

7. Medical hcenses:

+ A. trenses issued under Parts 30,35, 40, and 70 of this chapter for human use of byproduct rnatenal, source matenal, or special nuclear matenal in sealed sources contained in teletherapy devices: Apphcation.... $6,100. B. Licenses of broad scope issued to medical institutions or two or more physicians under Parts 30, 33. 35, 40, and 70 of this chapter authonzing research and development, including human use of byproduct matenal, except licenses for byprod-uct material, source matenal, or special nuclear material in sealed sources contained in teletherapy devices-Apphcation. $4.400 C. Other hcensee issued under Parts 30,35,40, and 70 of this chapter for human use of byproduct matenal, source mate-rial, and/or special nuc' ear matenal, except hcenses for byproduct matenal, source matenal, or special nuclear matenal in sealed sources contained in teletherapy devices: Apphcation. $2,400.

8. Civil defense:

A. L; censes for possession and use of byproduct matenal, source matenal, or special nuclear matenal for civil defense actrvi-ties: Application $320.

9. Device, product, or sealed source safety evaluation:

A. Safety evaluatu of devices or products containing byproduct matenal, source matenal, or special nuclear matenal, ex-cept reactor fuel devices, for corrmercial distnbution: Apphcatiorweach device $5.200. I l'

l 15894 Federal Register / Vol, 64 No. 62 / Thursday. April 1,1999 / Proposed Rules hy SCHEDULE OF MATERIALS FEES-Continued [See footnotes at end of table) 1h] i Category of matenals hcenses and type of fees ' Fee?3 'Ii6 B Safety evaluaton of devices or products containing byproduct matenal, source matenal or special nuclear matenal manu- ! %,k" factured in accordance with the unique specifications of, and for use by, a single apphcant, except reactor fuel devices Apphcation-each device ! $3.700 C. Safety evaluation of sealed sources containing byproduct matenal, source matenal, or special nuclear matenal, except re i ,y actor fuel, for commercial distnbution: I Apphcation-each source . l $1,580 D. Safety evaluaton of sea:ed sources containing byproduct matenal, source matenal, or ;pecial nuclear matenal, manufac. h tured in accordance with the unique specifications of, and for use by, a single appkcant, except reactor fuel: y '( Apphcahon-each source. $530. ]

10. Transportation of radioactive matenal q1 A. Evaluation of casks, packages, and shipping containers:

Licensing and inspections Full Cost. D. Evaluat on of 10 CFR part 71 quakty assurance programs: r i Application $390. Inspections. Fcil Cost. jj

11. Review of standardized spent fuel facilities:

j Licensing and inspecton. Full Cost. i l

12. Special projects 4 Approvals and preapphcation/ Licensing activities.

, Full Cost. l Inspections. l Full Cost ij

13. A. Spent fuel storage cask Certificate of Comphance:

I )y Licensing, ' Full Cost. B inspections related to spent fuel storage cask Certificate of Comphance . Full Cost ] C. Inspections related to storage of spent fuel under $ 72.210 of this chapter. t Full Cost.

14. Byproduct, source, or special nuclear matenal hcenses and other approvals authonzing decommissioning, decontamination, t

} reclamation, or site restoration activities under Parts 30,40,70,72, and 76 of this chaptt'r: l 9 Licensing and inspection. . j Full Cost.

15. Import and Export hcenses:

Licenses issued under 10 CFR part 110 of this chapter for the import and export only of special nuclear matenal, source ma-tenal, tntium and other byproduct matenal, heavy water, or nuclear grade graphite; I g A. Applcation for export or import of high ennched uranium and other matenais, including radioactive waste, whch must g be reviewed by the Commissioners and the Executive Branch, for example, those actions under 10 CFR 110.40(b). J This category includes apphcaton for export or import of radioactive wastes in multiple forms from multiple generators l ll' or brokers in the exporting country and/or going to multiple treatment, storage or disposal facihties in one or rnore re-ceiving countnes: Apphcation-new heense. $9,100. ,i Amendment $9,100. l] B. Apphcation for export or import of special nuclear matenal, source matenal, tntium and other byproduct matenal, heavy water, or nuclear grade graphite, including radioactive waste, requinng Executive Branch review but not Com-h missioner review. This category includes apphcation for the export or import of radioactive waste involving a single ] form of waste from a single class of generator in the exporting country to a single treatment, storage and/or disposa! facihty in the receiving country: '[ Apphcatiorwew hcense. $5.600 Amendment $5,600. j C. Apphcaton for export of routine reloads of low ennched uranium reactor fuel and exports of source mateoal requinng only foreign govemment assurances under the Atomic Energy Act. Apphcation-new heense. $1,700. Amendment $1,700. D. Apphcation for export or import of other matenals, including radioactive waste, not requinng Commerer review, ) Executwe Branch review, or foreign govemment assurances under the Atomic Energy Act. This category includes ap-phcation for export or import of radioactive waste where the NRC has previously authonzed the export or import of the same form of waste to or from the same or similar parties, requinng only confirmation from the recewing facility and h- [ censing authorities that the shipments may proceed according to previously agreed understandings and procedures: ? Apphcahon-new heense. $1,100. Amendment $1,100. j E. Minor amendment of any export or import bconse to extend the expiration date, change domestic informaton, or make other revisions which do not require in-depth analysis, review, or consultations with other agencies or foreign govemments: Amendment $210.

16. Reciprocity:

Agreement State heensees who Conduct activities under the reciprocity provisions of 10 CFR 150.20. Apphcation (inttial fihng of Form 241). $1,200 Revisions. $200 f 5 Types of tees-Separate charges, as shown in the schedule, will be assessed for preappicaton consultations and reviews and apphcations for new heenses and approvals, issuance of new hcenses and approvals, certain amendments and renewals to existing hcenses and approvals, safety evaluations of sealed sources and devices, and certain inspections. The following guideknes apply to these charges: I (a) Applicafson fees. Apphcations for new matenals hcenses and export and import hcenses; apphcations to reinstate expired, terminated, or in-active hcenses except those subject to fees assessed at full costs; apphcations filed by Agreement State hcensees to register under the general I hcense provisions of 10 CFR 150.20; and apphcatons'for amendments to matenals hcensem that would place the hcense in a higher fee category or add a new fee category must be accompanied by the presenbed apphcation fee for each category. l

1 Federtl Register / Vol. 64, No. 62 / Thursday, April 1,1999 / Proposed Rules 15m15 (1) Apphcations for licenses covenng more than one fee category of special nuciear matenal or source matenal must be accompanied by the presenbed apphcation fee for the highest fee category. (2) Appiscations for new licenses (nat cover both byproduct matenal and special nuclear matenal in sealed sources for use in gauging devices will pay the appropnate application fee for fee Category 1C only (b) Lscensing fees. Fees for reviews of applications for new licenses and for renewals and amendments to existing hcenses, for preapplication contuitations and for reviews of other documents submitted to NRC for review, and for protect manager time for fee categones subject to full cost fees (fee Categones 1 A,18,1E 2A 4A, 50,10A,11.12,13A, and 14) are due upon notification by the Commission in accordance with 6170.12(b). (c) Amendment,tevision fees. Apphcations for amendments to export and import hcenses and revisions to reciprocity initial applications must b3 accompanied by the presenbed amendment / revision fee for each hcense/ revision a'fected An application for an amendment to a heense or rpproval classsfied in more than one fee category must be accompanied by the preSCnbed amendment fee for the Category affected by the amendment unless the amendment is apphcable to two or more fee categones in which case the amendment fee for the highest fee category would apply. (d) /nspect.'on 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. Inspecuon fees are due upon notification by the Commission in accordance with 9170.12(c). i 8 Fees wdl not be charged for orders issued by the Commission under 10 CFR 2 202 or for amendments resulting specifically from the require. ments of these types of Commission orders. However, fees wdl be charged for approvals issued under a specific exemption provision of the Commisson's regulations under Title 10 of the Code of Federal Regulations (e g-,10 CFR 3011,40.14,70.14,73.5, and any other sections in effect now in the future) regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. In addition to the fee shown, an apphcant may be assessed an additional fee for sealed source and device evaluations as shown in Cgtegones 9A through 9D. sFull cost fees we be determined based on the professional staff time multiphed by the appropriate professional hourty rate established in 917020 in effect at the time the service is provided, and the appropnate contractual support services expended. For apphcations currently on file for which rev ew costs have reached an apphcable fee ceihng estabbshed by the June 20,1984, and July 2,1990, rules, but are sta pending i completion of the review, the cost incurred after any apphcable ceshng was reached through January 29,1989, will not be billed to the apphcant. Any professional staff-hours exponded above those celhngs on or after Janua 30,1989, will be assessed at the apphcable rates established by $17020, as appropriate, except for topical reports whose costs exceed $50, . Costs which exceed $50,000 fqr each topical report, amend-ment, revision, or supplement to a topical report completed or under review from January 30,1989, through August 8,1991, will not be bailed to tra apphcant. Any professional hours expended on or after August 9,1991, will be assessed at the apphcable rate estat.hshed in 6170.20.

• Licensees paying fees under Categones 1 A.18, and 1E are not subject to fees under Categones 1C and 1D for sealed sources authorized in the same license except for an application that deals only with the sealed sources authonzed by the hcense.
• Fees will not be assessed for requests / reports submitted to the NRC:

(a) in response to a Genenc Letter or NRC Bulletin that does not result in an amendment to the hcense, does not result in the review of an al-temate method or reanalysts to meet the requirements of the Genenc Letter, or does not involve an unreviewed safety issue; (b) in response to an NRC request (at the Associate Office Dructor level or above) to resolve an identified safety, safeguards, or environ. mental issue, or to assist NRC in developing a rule, regulatory guide,. pohey statement, genenc letter. or bulletin; or (c) As a means of exchanging information between industry organizabons and the NRC for the purpose of supporting genenc regulatory im-provements or efforts. 10.The heading of Part 171 is revised NRC as indicated in 5171.19. Quarterly (i) Option A (Rebaselining without a to read as follows: payments of the annual fee of $100,000 cap): $2,769,000. or more will continue during the fiscal (ii) Option B (Rebaselining with a 50 PART 171-ANNUAL FEES FOR year and be based on the applicable Percent cap): $2,775.000-REACTOR UCENSES AND FUEL annual fees as shown in 55171,15 and (2) The FY 1999 annual fee is CYCLE UCENSES AND MATERIALS 171.10 until a notice concerning the c mPrised of a base operating power UCENSES, INCLUDING HOLDERS OF revised amount of the fees for the fiscal reactor annual fee, a base spent fuel CERTIFICATES OF COMPUANCE, year is published by the NRC. If the - storage / reactor decommissioning annual REGISTRATIONS, AND QUAUTY NRC is unable to publish a final fee rule fee, and associated additional charges ASSURANCE PROGRAM APPROVALS that becomes effective during the (surcharges). The activities comprising AND GOVERNMENT AGENCIES current fiscal year, fees would be the spent storage / reactor UCENSED BY THE NRC assessed based on the rates in effect for decommissioning base annual fee are the previous fiscal year. shown in paragraph (c)(2)(1) and (ii) of

11. The authority citation for Part 171

13. Section $ 171.15 is revised to read this section. The activities comprising

.~ continues to read as follows: as follows: the surcharge are shown in paragraph Authority: Sec. 7fiot, Pub. L 99-272,100 (d)(1) of this section. The activities Stat.140. as amended by sec. 5601, Pub. L 5171.15 Annual fees: Reactor licenses comprising the base annual fee for 100-203,101 Stat.1330, as amended by Sec-and spent fuel storage / reactor 1 3201, Pub. L.101-239,103 Stat. 2106 as decommissioning. ' operating power reactors are as follows: (i) Power reactor safety and safeguards p {nded 2 ti. 22 3) sec 301,P L. ~ (a) Each person licensed to operate a 92-314,86 Stat. 222 (42 U.S.C. 2201(wl); sec. power, test, or research reactor; each regulation except h, censing and ,,,8 inspection activities recovered under 201,88 Stat.1242, as amended (42 LLS.C. Person holding a Part 50 power reactor Part 170 of this chapter and generic 5841); sec 2903, Pub. L 102-486,106 Stat. license that is in decommissioning or reactor decommissioning activities. 3125,(42 U.S.C. 2214 note). possession only status; and each person l

12. Section 171.13 is aevised to read nolding a Part 72 license who does not (ii) Research activities directly related hold a Part 50 license shall pay the to the regulation of power reactors I

as follows: annual fee for each unit for each license except those activities specifically j held at any time during the Federal FY related to reactor decommissioning. 9171,13 Notice. The annual fees applicable to any in which the fee is due. This paragraph (iii) Generic activities required largely NRC licensee subject to this part and does not apply to test and research for NRC to regulate power reactors, e.g., calculated in accordance with $$ 171.15 reactors exempted under in $ 171.11(a). updating Part 50 of this chapter, or and 171.16, will be published as a (b)(1) The FY 1999 annual fee for each operating the Incident Response Center. I notice in the Federal Register as soon as operating power reactor would be the The base annual fee for operating power possible but no later than the third amount shown in Option A or Option B reactors does not include generic quarter of the fiscal year.The annual as presented in paragraphs (b)(1)(il and activities specifically related to reactor fees will become due and payable to the (ii) of this section. decommissioning. I

15896 p Fed:ral Register /Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules I (c)(1) The FY 1999 annual fee for each class oflicensees is $44 million, not (iii) 10 CFR part 70 for special nuclear ] power reactor holding a Part 50 license including the amount allocated to the material: '3l that is in a decommissioning or new fee class, spent fuel storage / reactor possession only status and each decommissioning. The FY 1999 fiv) 10 CFR part 71 for packaging and f independent spent fuel storage Part 72 t' licensee who does not hold a Part 50 operating power reactor surcharge to b" gartation of radioactive material; and license would be the amount shown in assessed to each operating power reactor is $423.000. This amount is calculated (v) 10 CFR part 76 for uranium i Option A or Option B as presented in by dividing the total operating power enrichment. e paragraphs (c)(1)(1) and fil) of this reactor surcharge ($44 million) by tim (2) Each person identified in section. number of operating power reactors ' 1, (1) Option A (Rebaselining without a (104). paragraph (a)(1) of this section shall pay I c:p)): $199,000-an annual fee for each license the (3) The FY 1999 surcharge allocated (11 Option B (Rebaselinm.g with a 50 j percent cap): $199,000. to spent fuel storage / reactor person holds at any time during the first six months of the Federal fiscal year (2) This fee is comprised of a base decommissioning class of licensees is (October 1 through March 31). Annual j spent fuel storage / reactor $3.2 million. The FY 1999 spent fuel fees will be prorated for new licenses ,J decommissioning annual fee (this fee is storage / reactor decommissioning issued and for licenses for which clso included in the operstwg power surcharge to be added to each operating termination is requested and activities r: actor annual fee show in paragraph (b) power reactor, each power reactor in permanently ceased during the period f this section), and an additional decommissioning or possession only October 1 through March 31 of the fiscal ohuge (surcharge). The actisities status, and to each independent spent c comprising the surcharge are shown m, fuel storage Part 72 licensee who does year as provided in 6171.17 of this i paragraph (d)(1) of this section. The not hold a Part 50 license is $25,000. section. If a single license authorizes This amount is calculated by dividing more than one activity (e.g., human use u Isi ra e/Ie the total surcharge costs allocated to this and irradiator activities), annual fees or e om is ion g will be assessed for each fee category base annual fee are: class by the total number of power applicable to the license. If you hold (i) Generic and other research react r licensees and Part 72 licensees tctivities directly related to reactor who do not hold a Part 50 license (125). more than one license, the total annual decommissioning and spent fuel (e) The FY 1999 annual fees for feo you will be assessed will be the storage; and licensees authonzed to operate a cumulative total of the annual fees (ii) Other safety, environmental, and n nPower (test and research) reactor applicable to the licenses you hold. sdeguards activities related to reactor licensed under Part 50 of this chapter, g.g.b M ke is gised & decommissioning and spent fuel unless Om reactor is exempted from fees base annual fee and an additional storage, except costs for licensing and under S 171.11(a), would be the amount charge (surcharge). The activities inspection activities that are recovered wn under Option A or Option B comprising the surcharge are shown in i under $ art 170 of this chapter. Iow-g g ,g.he (d)(1 The activities comprising the is the sum of t$g4 % mj go m%- 1 FY 1999 surcharge are as follows: Option A o non B e NRC budgeted costs (i) Low level waste disposal generic (rebase-yeMs> for-* cctivities; kning wim-nni$ercen (1) Generic and other research wtm 8 50 (ii) Activities not attributable to an ut a cap) cap) activities directly related to the existing NRC licensee or class of regulation of materials licenses as lic:nsees (e.g., international cooperative Research reac-defined in this part; and i safety program and international 3,,', Sy'y (2) Other safety, environmental, and safeguards activities; support for the Agreement State program, and site safeguards activities for materials decommissioning management plan

14. Section 171.16 is revised to read licenses, except costs for licensing and (SDMP) activities); and as {ollows~.

inspection activities that are recovered (iii) Activities not currently subject to under Part 170 of this chapter.- $ 171.16 Annual Fees: Materlah to CFR part 170 licensing and Licensees, Holders of Certificates of (c) A licensee who is required to pay inspection fees based on existing law or Compilence, Holders of Sealed Source and an almual fee under this section may Commission policy, e.g., reviews and Device Registrations, Holders of QuaHty. qualify as a small entity. If a licensee inspections conducted of nonprofit Assurance Program Approvals and qualifies as a small entity and provides educationalinstitutions and licensing Government AgenrJos Ucensed by the the Commission with the proper actions for Federal aSencies, and costs NRC. certification with the annual fee that would not be collected from small (a)(1) The provisions of this section payment, the licensee may pay reduced sntities based on Cominission policy in apply to person (s) who are authorized to annual fees as shown below. Failure to accordance with the Regulatory conduct activities under-file a small entity certification m a Flaibility Act. (i) to CFR part 30 for byproduct timely manner could result in the denial (2) The total FY 1999 surcharge material; of any refund that might otherwise im allocated to operating power reactor (ii) 10 CFR part 40 for source material; due. Maximum an-nual fee per l cicensed cat-l egory 1 Small Businesses Not Engaged in Manutacturing and Small Not-For-Profit Organizations (Gross Annual Receipts): $350.000 to $5 mallion. Less than $350.000 - $1.800 400 o

Fed:rel Regist:r/ Vol. 04, No. r0 Thursday, April 1,1999/ Proposed Rules 151197 j Maximum an-riual fee per i cicensed cat-egory Manufactunng entibes that have an average of 500 ernployees or loss: 1.800 l i 35 to 500 employees.... 400 Less than 35 employeesi. Small Govemmental Junsdictions (includirig pubbcly supported educational institutions) (Populahon)- 20.000 to 50.000 1,800 i Less than 20.000. .l 400 Educational institutions that are not State or Pubhcly Supported, and have 500 Employees or Less: i .i 1.800 35 to 500 employees. 400 j Less than 35 employees. (1) A licensee qualifies as a small which it is billed. The NRC will include (4) The maximum annual fee a small entity ifit meets the size standards a copy of NRC Form 526 with each entity is required to pay is $1.800 for established by the NRC (See 10 CFR annual fee invoice sent to a licensee. A cach category applicable to the 2.810). licenseo who socks to qualify as a small license (s). (2) A licensco who socks to establish entity must submit the completed NRC (d) The FY 1999 annual fees, j stitus as a small entity for purpose of Form 526 with the reduced annual fee including the surcharge shown in pIying the annual fees required under payment. paragraph (e) of this section, for materials licensees subject to fees under j this section must file a certification (3) For purposes of thts section, the this section would be the amounts statement with the NRC. The licensee licensee must submit a new certification shown under Option A. or Option B. must file the required certification on with its annual fee payment each year. below: NRC Form 526 for each license under SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC (See footnotes at end of table) Annual fees i s a 0 Category of materials licenses Option A g,,ba eSn ng (rebaselining with a 50 per-weout a cap) cent cap) 1, Special nuclear matenal: A.(1) Licenses for possession and use of U-235 or plutonium for fuel fabrication activities: (a) Strategic Special Nuclear Matenat Babcock & Wilcox SNW42 $3,281,000 $3.288,000 Nuclear Fuel Services SNM-124 : 3,281,000 3.288.000 (b) Low Enriched Uranium in Dispersible Forrn Used for Fabncation of Power Reactor Fuel; 1 Combustion Engineering (Hematite) SNM-33. 1,100.000 1,103.000 General Electric Company SNW1097 : 1,100.000 1,103,000 Siemens Nuclear Power SNW1227 1,100,000 1,103,000 Westinghouse Electnc Company SNW1107. 1.100,000 1,103.000 (2) All other special nuclear materials keenses not included in Category 1.A.(1) which are licensed for fuel cycle activities: (a) Facilities with limited operations; Framatome Cogema SNW1168 : 432,000 433.000 (b) All Others: General Electnc SNW960.. 314.000 315,000 B. Licenses for receipt and storage of spent fuel at an independent spent fuel storage installation (ISFSI). See 10 CFR part 171.15(c). C. Licenses for possession and use of special nuclear material in sealed sources contained in devices used in Industrial measuring systems, including x-ray fluorescence analyzers. 1,200 1.200 D. All other special nuclear material licenses, except licenses authorizing special nuclear matenal in un-sealed form in combination that would constitute a entical quantity, as defined in $150.11 of this chap-ter, for which the hcensee shall pay the same fees as those for Category 1.A.(2). 3,300 3.400 I E. Licenses or certificates for the operation of a uranium enrichment facility. 2,043.000 2,048.000

2. Source matenal A.(1) Ocenses for possession and use of source material for retning uranium mill concentrates to uranium hexafluoride -

472.000 473,000 (2) Licenses for possession and use of source matenal in recovery operations such as milling, in-situ leaching, heap-leaching, ore buying stations, ion exchange facilities and in processing of ores cork. taining source matenal for extraction of metals other than uranium or thonum. including hcenses author-izing the possession of byproduct waste matenal (tailings) isom Source material recovery operations, as well as hcenses authorizsng the possession and maintenance of a facihty in a standby mode. 131.000 92,100 Class i facihties

• 109.000 52.100 Class 11 facihties 4.

30,400 l 30,500 Other faclhties4 o O

f. 3 15898 Fed:rtl Register /Vol. 64, No. 62/ Thursday. April 1 1999/ Proposed Rules l SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENS {See footnotes at end of table) l Annual fees '" Category of matenals bcenses l Option A e (rebaselining without a cap) I with a 50 per-(3) Licenses that authonze the receipt of byproduct matenal, as defined in Sechon 11e.(2) of the Atomic j . cent cap) Energy Act, from other persons for possession and disposal, except those licenses subject to the fees i in Category 2.A.(2) or Category 2.A (4) 81,000 67.600 { (4) Licenses that authonze the receipt of byproduct matenal, as defined in Section 11e (2) of the Atomic Energy Act. from other persons for possession and disposal incidental to the disposal of the uranium + waste tathngs generated by the keensee's milhng operations, except those hcenses subject to the fees in Category 2.A.(2). 13.000 11.900 1

8. Licenses that authonze only the possession, use and/or installation of source matenal for shielding.

600 620 ' C. All other source matenal heensos

3. Byproduct material:

11,700 11.700 A. Licenses of broad scope for possession and use of byproduct Mterial issued under Parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct matenal for commercial dis-tribution 26.000 24.800 I B. Other heenses for possession and use of byproduct matenal issued under Part 30 of this chapter for processing or manufactunng of stems containing Dyproduct matenal for cornmercial distnbution. 6,300 6,300 C. Licenses issued under G5 32.72. 32.73, and/or 32.74 of this chapter authorizing the processing or man-ufacturing and distnbution or redistnbution of radopharmaceut Cals, generators, reagent kits and/or sources and devices containing byproduct matenal. This category also includes the possession and use of source matenal for shieldeng authonzed under Part 40 of this chapter when included on the same h-cense. This category does not apply to hcenses issued to nonprofit educational institutions whose proc- { essing or manufacturing is exempt under 10 CFR 171.11(a)(1). These keenses are coverert by fee Cat-egory 3D 15.300 15.400 D. Licenses and approvals issued under $$ 32.72,32.73, and/or 32.74 of this chapter authonzing distribu-tion or redistribution of radiopharmaceuticals, generators, reagent kits and/or sources or devices not in-volving processing of byproduct matenal. This category includes heenses issued under $$ 32.72,32.73 and 32.74 of this chapter to not profit educational institutions whose processing of manufacturing is ex-empt under 10 CFR 171.11(a)(1) This category also includes the possession and use of source mate-rlal for shielding authorized under Part 40 of this chapter when included on the same hcense - 3,800 3.800 E. Licenses for possession and use of byproduct matenal in sealed sources for irradiation of materials in i which the source is not removed from its shield (self-stielded units). 3,400 3,400 F Licenses for possession and use of less than 10,000 curies of byproduct materialin sealed sources for irradiation of matenals in which the source is exposed for irra@ation purposes. This category also in-cludes underwater irradiators for irradiation of materials in which the source is not exposed for irradia-tion purposes 5,700 5,700 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 irra@ation purposes. This category also in-ciudes underwater irradiators for irra$ation of materia;4 in which the source is not exposed for irradia-tion purposes 14,800 14,800 H. Licenses issued under Subpart A of Part 32 of this chapter to distribute items containing byproduct ma-terial that require device review to persons exempt from the licensing requirements of Part 30 of this chapter, except specific hcenses authorizing redistribution of items that have been authorized for dis-tribution to persons exempt from the hcensing requirements of Part 30 of this chapter. 3.200 3.200

l. Licenses issued under Subpart A of Part 32 of this chapter to distribute items containing byproduct ma-terial or quantities of byproduct material that do not require device evaluation to persons exempt from the licensino requirements of Part 30 of this chapter, except for specific heenses authonzing redistnbu-tion of items that have been authorized for distribution to persons exempt from the licensing require-ments of Part 30 of this chapter,

4,600 4,000 J. Licenses issued under Subpart B of Part 32 of this chapter to distribute items containing byproduct ma-terial that require sealed source anWor device review to persons generalty heensed under Part 31 of this chapter, except specific hcenses authorizing redistnbuton of terms that have been authorized for distribution to persons generally licensed under Part 31 of this chapter 2.,100 2,100 K. Licenses issued under Subpart 8 of Part 31 of this chapter to distnbute items containing byproduct ma-terial or quantities of byproduct matenal that do not require sealed source and/or device review to per-sons generalty licensed under Part 31 of this chapter, except specific hcenses authorizing redictribution of items that have been authorized for distribution to persons generally heensed under Part 31 of this chapter, _ 1.700 ,700 1, L Licenses of broad scope for possession and use of byproduct material issued under Parts 30 and 33 of this chapter for research and development that do not authonze commercial distnbution. 11,200 11,200 M. Other bcenses for possession and use of byproduct material issued under Part 30 of this chapter for research and development that do not authorize commercial distribution 5,000 5,000 N. Licenses that authorize services for other hcensees, except: (1) Licenses that authonze only cahbra' ion and/or leak testing services are subject to the fees speci-fied in fee Category 3P; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee Categories 4A, 48, and 4C 5,200 5.200 o

Federd Register /Vol. 64, No. 62 / Thursday, April 1,1999/ Proposed Rules 15899 SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NR [See footnotes at end of table} l Annual fees ' a 3 k ! (rebasehning Option A l Category of matenals hcenses peba e n ng with a 50 per-l without a cap) cent cap) k O. Licenses for possession and use of byproduct matenal issued under Part 34 of this chapter for indus-i tnal radiography operations. This category also includes tne possession and use of source material for 14,700 14,700 thielding authonzed under Part 40 of this chapter when authonzed on the same hcense - h 2,600 2,500 P. All othef specific byproduct mate *al heenses, except those in Categones 4A through 90. 1

4. Wnte disposal and processing:

A. Licenses specifically authonzing the receipt of waste byproduct matenal, source matenal, or special nu-clear matenal from other persons for the purpose of contingency storage or commercial fand disposa! ] by the licensee; or licenses authonzing contingency storage of low-level radioactive waste at the srte of 4 nuclear power reactors-or hcenses for receipt of waste from other persons for incineration or other i j treatment, packaging of resuiting waste and residues, and transfer of packages to another person au-thorized to feceive or dispose of waste matena! -

• N/A B. Ucenses specihcally authonzing the receipt of waste byproduct material, sowe maWial, or special nu-clear matenal from other persons for the purpose of packaging or repackaging the matenal. The li-censee will dispose of the matenal by transfer to another person authonzed to receive or dispose of the material 11,300 11,400 C. Ucenses specifically authorizing the receipt of prepackaged waste byproduct material, source matenal, or special nuclear matenal from other persons. The hcensee will dispose of the material by transfer to 8,400 8,400 Enother person authonzed to receive or dispose of the material

5. Well logging:

j A. Licenses for possession and use of byproduct material, source material, and/or special nuclear matenal 9,900 10,000 / for well logging, well surveys, and tracer studies other than field flooding tracer studies sN/A B. Ucenses for possession and use of byproduct matenal for field flooding tracer studies.

6. Nuclear laundnes:

A. Licenses for commercial collection and laundry of items contaminated with byproduct matenal, source 18,900 19.000 matenal, or special nuclear matenal. 7, Medical hcenses: 30,35,40, and 70 of this chapter for human use of byproduct material, l A. Ucenses issued under Parts source matenal, or special nuclear material in sealed sources contained in teletherapy devices. This } category also includes the possession and use of source matenal for shielding when authonzed on the 15.300 15,300 / same hcense. f B. Licenses of broad scope issued to medical institutions or two or more physicians under Parts 30,33, 35,40, and 70 of this chapter authonzing research and development, including 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 27,800 27,800 material for shielding when authorized on the same license.e ) C. Other hcenses issued under Parts 30,35,40, and 70 of this chapter for human use of byproduct mate-nal, source material, and/or special nuclear matenal except heenses for byproduct material, source ma-t terial, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source matenal for shielding when authonzed on the same b-5,800 5,800 g i cense *.

8. CMI defense:

A. Ucenses for possession and use of byproduct material, source matenal, or special nuclear mate ial for civil defense activities 1,200 1,200 <4

9. Device, product, or sealed source safety evaluation:

A. Registrations issued for the safety evaluation of devices or products containing byproduct matenaJ, 6,000 6,100 l source material, or special nuclear material, except reactor fuel devices, for commercial distribution B. Registrations issued for the safety evaluation of devices or products containing byproduct matenal, source material, or special nuclear material manufactured in accordance with the unique specifications i of, and for use by, a single applicant, except reactor fuel devices, 4,300 4,300 C. Registrabons issued for the safety evaluation of sealed sources containing byproduct material, source 1,800 1,800 matenal, or special nuclear material, except reactor fuel, for commercial distnbution.. D. Registrations issued for the safety evaluation of sealed sources containing byproduct matenal, source material, or special nuclear material, manufactured in accordance with the unique specihcations of, and 600 620 for use by, a single apphcant, except reactor fuel

10. Transportation of radioactive material:

A. Certificates of Comphance or other package approvals issued for design of casks, packages, and ship-ping containers:

• N/A Spent Fuel High-Level Waste, and plutonium air packages
• N/A Other Casks B. Quahty assurance program approvals issued under 10 CFR part 71:

66,700 66,800 Users and Fabricators. 2,200 1,500 Users......

• N/A

11. Standardized spent fuel facihties.

8N/A.___ /

12. Special Projects.

e N/A

13. A. Spent fuel storage cask Certificate of Comphance j

15000 Federal Register /Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules = SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LIC l] [See foottmtes at end of table] I Annual fees ' 1 h k Category of matonals hcenses f Option A l (rebaselining f w(r ba e nng without a cap) ' ith a 50 per. cent cap) B. General hcenses for storage of spent fuel under 10 CFR 72.210

• N/A j

i

14. Byproduct, source, or special nuclear matenal hcenses and other approvals authonzing decommissioning, t

decontaminahon, reclamation, or site restoration actsvities under to 10 CFR parts 30, 40, 70, 72, and 76 of 9 this chapter...... i

15. Import and Export licenses.

7 N/A i aN/A

16. Reciprocity........

eN/A

17. Master materials hcenses of broad scope issued to Govemment agencies 358,000 359.000

18. Department of Energy:

A. Certificates of Compliance...... B. Uranium Mill Tailing Radiation Control Act (UMTRCA) activities. 872,000 873.000 869,000 870.000

• See 10 CFR 171.15(c).

' Annual fees will be assessed based on whether a hcensee held a valid license wrth the NRC authonzing possession and use of radio matirial dunng the fiscal year. However, the annual fee is waived for those matenals licenses and holders of certificates. registrations ] provals who either filed for termination of their hcenses or approvals or filed for 1 ssession only/ storage heenses pnor to October 1,1998, and pirmanently ceased hcensed activities entirely by September 30,1998. Annual ees for hcensees who filed for termination of a heense, down-grade of a hcense, or for a POL dunng the fiscal year and for new licenses issued dunng the fiscal year will be prorated in accordance with the provisions of 6171.17. If a person holds more than one license, certificate, regstration, or approval, the annual fee (s) will be assessed for each j heense, certificate, registration, or approval held by that person. For hcenses that authonze more than one activity on a single bce human use and irradiator activities), annual fees will be assessed for each category applicable to the license. Licensees paying annua under Category 1 A(1) are not sub ect to the annual fees for Category 1C and 1D for sealed sources authonzed in the license. l 8 Payment of the prescribed annual fee does not automahcally renew the hcense certificate registration or approval for which the fee is Ren:wal apphcations must be filed in accordance with the requirements of Parts 30,40,70,71,72, or 76 of this chapter. paid. FEDERAL REGISrER for notice and comment.SEach fiscal year. lees for these matenals kconses wdl be calculated and assesse e

• A Class i heense includes mill hcenses issued for the extraction of uranium from uranium ore. A Class ti license includes soluti censes (sn-situ and heap leach) issued for the extraction of uranium from uranium ores including research and development licenses. An "other" he:.nse includes bcenses for extraction of enetals, heavy metals, and rare earths.
• There are no existing NRC hcenses in these fee categones. Once NRC issues a heense for these categories, the Commission will consider estabhshing an annual %e for that type of license.
• Standardized spent fuel fachties,10 CFR parts 71 and 72 Certificates of Compliance, and special reviews, such as topical reports, are no Cnd topical reports. assessed an annual fee because the generic costs of regulating these actrvities are pnmarity attributable to the users o 7Ucensees in this category are not assessed an annual fee becauco they are charged an annual fee in other categories while they i

censed to operate. r - sNo annual fee is charged because it is not practical to administer due to the relatively short hfe or temporary nature of the license. ' Separate annual fees will not be assessed for pacemaker heenses issued to medical institutions who also hold nuclear medicine hcense under Categories 78 or 7C. " This includes Certificates of Comphance issued to DOE that are not under the Nuclear Waste Fund. { x (e)The activities comprising the 9171.19 Payment. j surcharge are as f allows: Department of the Treasury (1) LLW disposal generic activities; (a) Method of payment. Annual fee tw1uirements, refunds will only be made (2) Activities not attributable to an payments, made payable to the U.S. upon receipt ofinformation on the cxisting NRC licensee or classes of Nuclear Regulatory Commission, are to payee's financialinstitution and bank be made in U.S. funds by electronic accounts. licensees; e.g., international cooperative funds transfer such as ACH (Automated (b) Annual fees in the amount of sifety program and international sdeguards activities; support for the Clearing House) using EDI (Electronic $100,000 or more and described in the Data Interchange), check, draft, money Federal Register notice issued under Agreement State program; site order, or credit card. Federal agencies S 171.13 must be paid in quarterly decommissioning management plan may also make payment by the On line installments of 25 percent as billed by ISDMP) activities; and Payment and Collection System the NRC. The quarters begin on October (3) Activities not currently assessed licensing and inspection fees under to (OPAC's). Where specific payinent 1, January 1, April 1, and July 1 of each instructions are provided on the fiscal year. The NRC will adjust the CFR part 170 based on existing law or invoices to applicants and licensees, fourth quarterly invoice to recover the Commission policy, e.g., reviews and payment should be made accordingly, full amount of the revised annual fee. If inspections conducted of nonprofit e.g. invoices of $5,000 or more should the amounts collected in the first three educational institutions and reviews for be paid via ACH through NRC's quarters exceed the amount of the Federal agencies; activities related to Lockbox Bank at the address indicated revised annual fee, the overpayment decommissioning and reclamation; and on the invoice. Credit card payments will be refunded. Licensees whose costs that would not be collected from should be made up to the limit annual fee for FY 1998 was less than small entities based on Commission established by the credit card bank, in $100,000 (billed on the anniversary date policy in accordance with the accordance with specific instructions of the license), and whose revised Regulatory Flexibility Act. provided with the invoices, to the annual fee for FY 1999 would be i

15. Section 171.19 is revised to read Lockbox Bank designated for credit card $100,000 (subject to quarterly billing).

l c.s follows; payments. In accordance with would be issued a bill upon publication a

y c Federal Register /Vol. 64. No. 62/ Thursday, April 1,1999/ Propowd Rules 15901 of the final rule for the full amount of based sin stand.uds and include a size ..ntii> compliance guide (Attac hment 11 have the FY 1999 annual fee, less any standard for business conc erns that are b..en prepared for the FY 1m fee rule as payments received for FY 1999' based on nianufacturing entities. The NRC uses the requin.d by law. "in standards i reduce the impa f* "" 6"'"U ""*" b ""'"hh"I"pt of annual the anniversary date billin process. g ng a (c) Annual fees that are ss than ., " I"e ruk muhs.in suWantial fees E maximum small entitt fee.@Ihu small entity """ ' "##4 '" 4"" I"' " $100.000 are billed on the anniversary being c harged to those individuals, date of the license. For annual f"" he morii,in b Ui.mit) of this proposed nrganiutionr and companies that are iurposes, the anniversary date of the rule an+ be,ed on the NRC's size standards lic ensed by the NRC. induding those icense is considered to be the first day The Omnibus Dudgrt Reconciliation Act licensed under the NRC materials program. j of the month in which the original (OBRA-90) as amended, requires that the The comments rm:eived on previous license was issued b the NRC, NRC recover approximately 100 percent of its pmposed fee rules and the small entity Licensee that are bi led on the license budget authority, less appropriations from certifications received in response to anniversary date will be assessed the the Nudeur Waste Fund, by assessing license revious final fee rules indicate that NRC annual fee in effect on the anniversary and annual fees. OBRAW requin=s that the icem qualifying a small entitles under date of the license. Materials licenses sduduluf diarges established by rule the NRC's size standards are primarily should fairly and equitably allocate the total materials licensees. Therefore, this analysis subj,ect to the annual fee that ar" amount to recovered from NRC's licensees will focus on the economic impact of the - termmated during the fiscal year but and be assessed uniler the principle that annual fees on materials licensees. About 20 prior to the anniversary month of the licensees who requim the greatest percent of these licensees (approximately license will be billed upon termination expenditure of agency resources pay the 1,400 licensees) have niquested small entity for the fee in effect at the time of the greatest annual charges. The amount to be certification in the past. A 1993 NRC t.urvey billing. New materials licenses subject c llected f r FY 1999 is approximately of its materials licensees indicated that about l to the annual foe will be billed in the 599 6 milli","- 25 percent of these licensees could quahfy as month the license is issued or in the Since 1991 the NRC has complied wit.h small entities under the NRC's size Of3RA-90 by issuing a final rule that amends standards. next available monthly billing for the ' hs fm+ regulations. These final rule have The commenters on previous fee fee in effect on the annivers date of established the methodology used by NRC in rulemakings consistently indicated that the the license. Thereafter, annua fees for identifying and determining the fees to be following results would occur if the proposed new licenses will be assessed in the assessed and colhcted in any given fiscal annual fees were not modified. anniversary month of the license. year.

1. Large firms would gain an unfair (d) Annual fees ofless than $100.000 Since FY 1996, the NRC stabilized annual competitive advantage over small entities.

must be paid as billed by the NRC. fees by adjusting the annual fees only by the Commenters noted that small and very small Materials license annual fees that are percentage change (plus or minus) in NRC's companies (" Mom and Po " operations) less than $100,000 arc billed on the total budget authority. The percentage change would find it more difficu t to absorb the caniversa'Y ate of the license. The wouy be adjusted based on changes in the annual fee than a large corporation or a high. d 10 Cf R part 170 fees and other adjustments volume type of operation. In competitive materials licensees that are billed on the as well as an adjustment for the number of markets, such as soils testing, annual fees anmversary date of the license are those licensees paying the fees. The NRC indicated would put small licensees at an competitive covered fee categories 1C,1.D, that if there was a substantial change in the extreme disadvantage with its much larger 2(A)(2) o er, 2A(3), 2A(4), 2B, 2C, 3 A total NRC budget authority or the magnitude competitors because the proposed fees would through 3P,4B through 9D,10A, and of the budget allocated to a specific class of be the same for a two-person licensee and for

108, licensees, the annual fee base would be a large firm with thousands of employees.

(e) Payment is due on the invoice date recahadated. Because the NRC is proposing

2. Some firms would be forced to cancel cnd interest accrues from the date of the t establish a new annual fee class for FY their licenses. A licensee with receipts of less l'

invoice. However, interest will be 1999 and based on program changes that than $500,000 per year stated that the have occurred, the NRC is proposing to proposed rule would in effect, force it to waived if payment is received withm. 30 establish new baseline annual fees this fiscal relinquish its soil density gauge and license, days from the invoice date. year. This rebaselining would result in thereby reducing its ability to do its work Dated at Rockville, Maryland this 25th day significant anmial fee increases for certain effectively. Other licensees, especially well- ~ classes of licensees. Therefore, the NRC is loggers, noted that the unmitigated cost of the of March,1999. For the Nuclear Regulatory Commission. Presenting for ublic comment two potential rule would force small businesses to get rid annual fee och dules. Option A-rebaselining of the materials license altogether. Peter J. Rabideau, without a cap, and Option B-rebaselining Commenters stated that the proposed rule Acting ChiefFinancio10fficer. with a 50 percent cap. The NRC recognizes would result in about to percent of the well-Note: This appendix will not appear in the that under either option the rebaselined logging licensees temdnating their licenses Code of Federal Regulations. armual fees would result in en increase in thu immediately and apprnximately 25 percent Appendix A to this Proposed Rule.--Draft annual fees charged to some categories of terminating their lir ennen before the next materials licensees. annual assessment. Regulatory Flexibility Analysis for the The Small Business Regulatory

3. Some companies would go out of Amendments to 10 CFR Part 170 (License Enforcement Fairness Act of 1996 (SBREFA) business.

Fees) and to CFR Part 171 (Annual Fees) is intended to reduce regulatory burdens

4. Some companies would have budget 1, Itackground imposed by Federal agencies on small problems. Many medical licensees noted The Regulatory Flexibility Act (RFA), as businesses, nonprofit organizations, and that, along with reduced reimbursements, the cinended,(5 U.S.C. 601 et seq.) requires that governmental jurisdictions. SBREFA also roposed increase of the existing fees and the cgencies consider the impact of their provides Congress with the opportunity to ntroduction of additional fees would rulemakings on small entities and, consistent review agency rules befora they go into effect. significantly affect their budgets. Othe,rs with applicable statutes, consider Under this legislation, the NRC annual fee noted that,in view of the cuts by Medicare alternativen to minimize these impacts on the rule is considered a " major" rule and must and other third y carriers, the fees would businesses organizations, and government be reviewed by Congress and the Comptroller produce a hards ip and some facilities jurisdictions to which they appl,

General before the rule becomes effective. would experience a great deal of difficulty in The NRC has established stan ards for SBREFA also rmluires that an agency prepare meeting this additional burden. determining which NRC licensees qualify as a guide to assist small entities in complying Since annual fees were first established, cmall entities (10 CFR 2.801). These size with each rule for which final regulatory approximately 3,000 license, approval, and ctandards reflect the Small Business flexibility analysis is prepared. This registration terminations have been Administration *s most common receipts. Regulatory Flexibility Analysis and the small requested. Although some of these L.

y I l } 15902 Rderal Register /Vol. 64. No. 62/ Thursday, April 1.1999/ Proposed Rules

J f}

terminations were requested bm:ause the the NRC is proposing to continue, for FY requires all Federal agencies to prepare a j license was no longer needed or licenses or 1999, the maximum annual fee (base annual written guide for each "maior" final rule as 4 i i registrations could be combined, indications lee plus surcharge) for certain small entities defined by the Act. The NRC's fee rule. I are that other termination riquests were due at $1,800 for each fee category covered by published annually to comply with the J l to the economic impact of the fees. each lit ense issued to a small entity. Omnibus Budpt Reconciliation Act of1990 The NRC continues to receive written and While reducing the impact on many small (ODRAwol requires the NRC to collect i H oral comments from small materials licensees entities, the Commission agrees that the approximately 100 percent ofits budget I indicating that the monetary threshold for maximum annual fee of $1.800 for small J authority e.ch year through fees. This rule is

9 small entities was not representative of small entities, a hen added to the Part 170 lici nse considered a "inajor" rule under this law.

~ 'Q businesses with gross receipts in the fees. may continue to have a significant This compliance guide has been prepared to ..j-thousands of dollars. These commenters impact on materials licensees with annual believe that even the $1.800 maximum grosis receipts in the thousands of dollars. the FY 1999 fee rule. asmi NRC material licensees comply with annual fee represents a relatively high Therefore, as in each year since 1992, th" Licensees may use this guide to determine l a percentage of gross annual receipts for these NRC is continuing the lower-tier small entity whecher they qualify as a small entity under " Mom and Pop" type businesses. Therefore. annual fee of $400 for small entities with .pl even the reduced annual fue could have a relatively low gross annual receipts. The NRC regulations and are eligible to pay sigmficant impact on the ability of these lower tier small entity fee of $400 als reduced FY 1999 annual fees assessed under types of businesses,to continue to operate. applies to manufacturing concerns, and 10 CFR part 171. The NRC has established To alleviate the significant impact of the educational institutions not State or publicly two tiers of separate annual fees for those } annual fees on a substantial number of small supported, with less than 35 employees. materials licensees who qualify as small entities. the NRC considered the following Therefore, even though the proposed entities under NRC's size standards. alternatives,in accordance with the RFA,in rebasehned annual fees would increase the Licensees who meet NRC's size standards developing each ofits fee rules since 1991. annual fees charged to several categories of for a small entity must complete NRC Form - j

1. Base fees on some measure of the materials licensees, licensees who ualify as 526 to qualify for the reduced annual fee.

amount of radioactivity possessed by the small entities would not be adverse y This form accompanies each annual fee s licensee (e g., number of sourcesl. affected. invoice mailed to materials licersees. The j completed form. the appropriate small entity '~ licen e7ta a erfal e g, volu a ti e of

1. f. Summary fee, and the payment copy of the invoice, s2 patients).

The NRC has determined that the to CFR should be mailed to the U.S. Nuclear

3. Base fees on the NRC size standards for part 171 annual fees significantly impact a Regulatory Commission, License i ee and 1

e'j small entities. substantial number of small entities. A Accounts Receivable Branch, to the address '] The NRC has reexamined its previous maximum fee for small entities strikes a indicated on the invoice. Failure to file a evaluations of these alternatives and balance hetween the requirement to collect small entity certificat3on m a timely menner continues to believe that establishment of a 100 percent of the NRC budget and the may result in the demal of any refund that i maximum fee for small entitles is the most requirement to consider means of reducing might otherwise be due. j sppropriate and effective option for reducing the impact of the fee on small entities. On the j j the impact ofits fees on small entitles. basis of its regulatory flexibility analyses, the NRC Definition of Small Entity The NkC established, and intends to NRC concludes that a maximum annual fee The NRC has defined a small entity for f continue for FY 1999, a maximum annual fee of $1,000 for small entities and a lower-tier purposes of compliance with its regulations j for small entities. The RFA and its small entity annua! fee of $400 for small (10 CFR 2.810) as follows: l implementing guidance do not provide businesses and not for-profit organizations

1. Small business--a for-prafit concern that specific guidelines on what constitutes a with sross annual receipts ofless than pr vides a service or a concern not engaged k

significant economic impact on a small $350,000, small governmental jurisdictions in manufacturing with average gross receipts [ entity. Therefore, the NRC has no benchmark with a population of less than 20.000, small of $5 million or less over its last 3 completed to assist it in determining the amount or the manufacturing entities that have less than 35 fiscal years; h~ percent of gross receipts that should be employees and educational institutions that

2. Manufacturing industry-a charged to a small entity. For FY 1999, the are not State or publicly supported and have manufacturing concern with an average lj' NRC will rely on the analysis previously less than 35 employees reduces the impact number of 500 or fewer employees based completed that established a maximum on small entities. At the same time, these upon employment during each pay period for 1I canual fee for a small eniity and the amount reduced annual fees are consistent with the the preceding 12 calendar months; 4i of costs that must be recovered from other objectives of OBRA-90. Thus, the fees for

3. Small organization-a not for profit H

NRC licensees as a result of establishing the small entities msintain a balance between the organization which is independently owned maximum annual fees. objectives of OBRA-90 and the RFA. and operated and has annual gross receipts k The NRC continues to believe that the 10 Therefore, the analysis and conclusions of $5 million or less; h; CFR part 170 application fees, or ary established in previous fee rules remain valid

4. Small governmental jurisdiction-e adjustments to these licensing fees during the for FY 1999.

government of a city, county, town, ~ pr.st f ear, do not have a significant impact on Attachment 1 to Appendix A township, village, school dis'rict or special w smal entities. district with a population of less than 50,000; l Dy maintaining the maximum annual fee U.S. Nuclear llegulatory Commission, Smoll

5. Small educational institut on-en for small entities at $1,800, the annual fee for Entity Compliance Guide, Fiscal Year M99 educational institution supported by a i

many small entities is reduced while at the qualifying small governmental lunsdiction. same time materials licensees, including Contents or one that is not state or publicly supported l l small entities, would pay for most of tN FY Introduction and has 500 or fewer employees: 2 lj 1999 costs attributable to them. The cons not NRC Definition of Small Entity I recovered from small entities are allocated to NRC Small Entity fees NRC Small Entity Fees 1i other materials licensees and to power Instructions for Completing NRC Form in 10 CFR 171.16(c). the NRC has I retctors. llowever, the amount that must be established two tiers of small-entity fees for recovered from other licensees as a result of Introduction licensees that qualify under the NRC's size nuintalning the maximum annual fee is not The Small Business Regulatory standards Currently, these fees are as j expected to increase significantly. Therefore. Enforcement Fairness Act of 1996 (SBREFA) follows: Il 4 i 8 An educational institution referred to in the size nationally recognized accrediting agency or provides an educational program for which it [ ctrndards is an entity whose primary function is association, who la legally authorized to provide a awards academic degrees and whose educational l education, w hose programs are accredited by a program of organued instruction or study, who programs are available to the public.

i m Fed:r:1 Regist:r/Vol 64, No. 02 /Thinsday. April 1,1999/ Proposed Rules 15903 \\ f I Maximum an-I nual fee per le censed cat. egory Small Business Not Engaged in Manufacturing and Small Not-For Profit Organizations (Gross Annual Receipts). $1.800 ( $350.000 to $5 million. 400 i Less than $350,000, l Manufactunng entities that have an average of 500 employees or less' 1,800 I 35 to 500 employees. 400 l Less than 35 employees. Small Govemmental Junsdictions (including publicly supported educational institutior's) (Population): 1,800 20,000 to 50,000. 400 Less than 20.000. .. ~ Educational institutions that are not State or Publicly Supported, and have 500 Employees or Less: 1,800 35 to 500 employees, 400 Less than 35 employues. l To pay a reduced annual fee, a licensee licensed activities. There are limited maximum annual fee shown on NRC Form mt.at use NRC Form 52% enuowd wHh the exceptions as set furth at 13 CFR 121.104. 526 for the siza standard under which the lee invoice, to certify that it meets NRC's size These are: the term receipts excludes net licensee qualif,es, resulting in a fue of either standards 'or a small entity. Failure to file capital gains or losses, taxes collected for and $900 or $200 for each fee category billed j NRC Form 526 in a timely manner may result remitted to a taxing authority ifincluded in instead of the full small entity anreual fee of q in the denial of any refund that might gross or total income, proceeds from the .51,800 or 5400, othcrwise be due, transactions botwenn a concern and its A new small entity form (NRC Form 526) mes& m na aw a u mue ead kal year ] Instructions for Comp eting NRC Form 526 from gions or total income on a consolidated to qualify for reduced fees for that fiscal year. i l

1. File a separate NRC Form 526 for each return filed with the IRS) and amounts Because a licensee's " size." or the size 1

annual fee invoice received. collected for another by a travel agent, real standards, may change from year to year, the

2. Complete all items on NRC Form 526 as estate agent, advertising agent, or conference invoice reflects the full fee and a new Form follows:

management service provider. must be completed and returned for the fee

a. The license number and invoice number (3) A licensen who is a subsidiary of a large to be reduced to the small entity fee.

must be entered exactly as they appear on the entity does not qualify as a small entity. LICENSEES WILL NOT BE ISSUED A NEW annual fee invoice. (4) The owner of the entity, or an official INVOICE FOR THE REDUCED AMOUNT. I

h. The Standard Industrial Classification empowered to act on behalf of the entity.

The completed NRC Form 526, the payment (SIC) Code should be entered ifit is known, must sign and date the small entity of the appropriate small entity fee, and the

c. The licensee's name and address must be certification.

" Payment Copy" of the invoice should be entered as they appear on the invoice, Name The NRC sends invoices to its licensees for malled to the U.S. Nuclear Regulatory and/or address changes fo iniling purposes the full annual fee, even though some entities Commission, License Fee and Accoets must be annotated on the Lu ulce. Correcting qualify for reduced fees as a small entity-Receivable Branch at the address indicated the name and/or address on NRC Form 526 Licensees who qua9fy as a small entity and on the invoice. or on the invoice does not constitute a file NRC Form 526, which certifies eligibility If you have questions about the NRC's request to amend the license. Any request to for small entity fees, may pay the reduced annual fees, please call the license fee staff amend a license is to be submitted to the fee, which for a full year is either $1,800 or at 301-415.-7554, e-mail the fee staff at I respective licensing staffs in the NRC $400 depending on the size of the entity, for fees @nrc. gov, or write to the U.S. Nuclear l Regional or Headquarters Offices. each fee category shown on the invoice. Regulatory Commission, Washington, DC

d. Check the appropriate size standard Licensees granted a license during the first 20555, Attention: Office of the Chief i

under which the licensee qualifies as a small six months of the fiscal year and ifcensees Financial Officer. entity Check one box only. Note the who file for termination or for a pnssession False certification of small entity status following: only license and permanently cease licensed could result in civil sanctions being imposed I (1) The slre standards apply to the activities during the first six months of the by the NRC under the Program Fraud Civil licensee, not the individual authorized users fiscal year pay only 50 percent of the annual Remedies Act. 31 U.S.C. 3801 et. seg. NRC's listed in the license. fee for that year. Such an invoice states the implementing regulations are found at to (2) Gross annual receipts as used in the " Amount Hilled Represents 50% Proration." CFR part 13. i size standards includes all revenue in This useans the amount due from a small (FR Doc. 994843 Filed 3-31-99; 8.45 am) whatever form received or accrued from entity is not the prorated amount 'shown on whatever sources, not solely receipts from the invoice but rather one-half of the satseQ Coot ram 4 9 'A f a l l q 1 l

V: $6r dcV" / Y 09R March 31, 1999 1 l MEMORANDUM TO: Donald H. Lanham l l Docketing and Document Control Desk Section i Information and Records Management Branch O Office of the Chief Information Officer pginalSiped W FROM: Glenda C. Jackson goods Isckses j Assistant for Fee Policy and Rules License Fee and Accounts Receivable Branch Office of the Chief Financial Officer

SUBJECT:

FEE WORKPAPERS FOR 10 CFR PARTS 170 AND 171 PROPOSED RULE - FY 1999 Attached are two sets of the workpapers in support of the FY 1999 Proposed Rule scheduled for publication in the Federal Register on April 1,1999. Please advance one set of the workpapers to the Public Document Room immediately and ack the PDR staff to time-stamp them upon receipt and put them on display for immediate perusal. The other set is for processing through the NUDOCS system. In this way, the PDR gets an advance copy and an additional copy through normal processing. Thank you for your assistance in this matter. Attachments: As stated j D!sinbytion: OCFO/DAFILFARB RF OCFO/DAF RF (DAF-p0) OCFO/DAF SF (LF-1.14) DOCUMENT NAME: G:\\LANiiAM.MEM ) n. a w.. -c. c.. e. co...--w c. w., 1 i b 0FFICE OCF0/DAF/LFARB, b OCF0/DAF/LFARB { NAME GCJackson DBD th DATE 33k99 7bk99 0FFICIAL RECORD C PY f U S ~-

V s f)Qfj April 1, 1999 PDK gjg Those Reactor Licensees in Possession only or Decommissioning Status: 1 Endosed is a copy of a Notice to all Licensees concoming NRC's proposed revisions to 10 CFR ~ Parts 170 and 171 on license, inspection and annual fees for FY 1999. The proposed rule is scheduled to b6 published in the Federal Register on April 1,1999.- Please note that one of the proposed changes would result in annual fees being assessed to reactors in possession only or decommissioning status. This change is desciibed in the cover memorandurn 's the Notice and on pages 13-15,23,27, and 49-51. The NRC is proposing to revise 10 CFR Part 171.15 to establish a spent fuel storage / reactor decommissioning annual fee to be assessed to all Pstt 50 power reactor licensees, regardless of their operating status. The various methods of providing comments s're explained in the proposed rule. The comment i period expires 30 days after publication. Sincerely, original signed by James Turdici, Director Division of Accounting and Finance Office of the Chief Financial Officer

Enclosure:

As stated l Distriksen oCFO/DAF sF (LF1.13) - OCFOIDAF/LFARs RF OCFO/DAF RF (DAFS400) NuDoc ' POR. DOCMMElli IIAflEs Ga\\decemlic ' tre sesshe e aey at ens dansmema. hemis is the ham: v - % man amuhmus/ansimum v - cary em sesshasmusasimme T = No espy, 0FFHE SCFO/DAF/LFARB CCFO/DAF/LFARB / OCF0/D/94F / ) g 300andold [ JTurdic! M E 4 /99\\I V/ / /99Y' aAve )

1. / / /99

/ /9s J urrst3AL man,UKU LUrY i - r

O

[k Reactor Decommissioning Licensees - Mailing List

..y, 01,Apr 99 CONSUMERS POWER COMPANY BIG ROCK POINT ' ATTN: MR.KENNETHP. POWERS PLANTMANAGER 10269 US-31 NORTH CHARIEVODC MI 49720-9458 COMMONWEALTH EDISON COMPANY DRESDEN1 ATTN: MR.KENNETH A. AINGER j - DECOMMISSIONING SERVICES LIC. MG 1400 OPUS PIACE DOWNERS GROVE IL 60515 0000 DETROIT EDISON COMPANY FERMI 1 ATIK: MR DOUGLAS R. GIPSON,SR VP 6400 NORTH DDGE HYWAY NEWPORT MI 48166-0000 CONNEC11 CUT YANKEE ATOMIC POWER CO HADDAM NECK ATTN: MR.RUSSELLMELIDR VICE PRESIDENT 362 INIUN HOLLOW ROAD EASTHAMPTON Or 06424-3099 PACIFIC GAS & ELECTRIC COMPANY 'l HUMBOLT ATIN: MR. GREGORY M. RUEGER SVP-NPB, MAIL CODE N98 SAN FRANCISCO CA 94177-0000 ~. 1

~ Reactor Decommissioning Licensees - Mailing List 0Mpr 99 CONSOLIDATED EDISON CO. OF NY,INC. INDIAN POINT 1 ATTN;MR. A. ALANBLIND VP NUCLEARPOWER BROADWAY & BLEAKLEY AVE BUCHANAN NY. 10511-0000 DAIRYLAND POWER COOPERATIVE LA CROSSE ATTN: MR. WILLIAML. BERG GENERAL 3200 EAST AVENUE SCUTH LA CROSSE WI 54601 0817 MAINE YANKEE MAINE YANKEE ~ ATTN; MR. GEORGE A.ZINKE DIR NUC SAFETY & REG. AFFAIRS 321 OLD FERRYROAD l WISCASSET ME 04578-4922 NORTHEAST NUCLEARENERGY COMPANY MILLSTONE 1 l A1TN:MS.PA*IRICIA A.LOFTUS REGULATORY AFFAIRS DIRECTOR P.O. BOX 128 - WATERFORD CT 06385-0128 PECO ENERGY COMPANY PEACH BOT 1DM 1 ATTN: G.D. EDWARDS NUCLEAR GROUPHEADQUARTERS 965 CHESTERBROOK BOULEVARD WAYNE PA 19087-5691 2

c Mih b/ - Reactor Decommissioning Licensees - Mailing List O M pr-99 SACRAMENTO MUNICIPAL UTILITY DISTRIC RANCHO SECO ATTN: MR. STEVE REDE}IR PLANT MANAGER 14440 TWIN CITIES ROAD HERALD CA 95638-9799 SOUTHERN CALIFORNIA EDISON COMPANY SAN ONOFRE 1 ATTN: MR. DWIGiff E. NUNN VICE PRESIDENT P.O. BOX 128 SAN CLEMENTE CA 92674-0128 6 THREE MILE ISLAND 2 ATIN: MR. JAMES W. LANGENBACH VP & DIRECTORTMI P.O. BOX 480 MIDDLETOWN PA 17057 0191 PORTLAND GENERAL ELECTRIC COMPANY TROJAN ATTN: MR S. M. QUENHOZ PLANT GENERAL MANAGER 71760 COLUMBIA RIVER HIGHWAY RAINIER OR 97048 0000 GENERAL ELECTRIC COMPANY ' VALLECITOS ATTN: MR.BENM.MURRARY VALLECITOS & MORRIS OPERATIONS 6'05 VALLECITOS SUNOL CA 94586 0000 1 3 4

43Ih ' yd Reactor Decommissioning Licensees - Mailing List ' 01-Apr-99 YANKEE AIDMICELECTRIC COMPANY YANKEE ROWE ATTN: MR. JIM KAY SR PROJ ENG-LICENSING 580 MAIN STREET BOLTON MA 01740-1398 i COMMONWEALTH EDISON COMPANY ZION 1 ATTN: MR. ROD KRICH, MGR. NUC. REG. S EXECUITVE TOWERS WEST 111, SUITE 1400 OPUS PLACE DOWNERS GROVE IL 60515 5701 COMMONWEALTH EDISON COMPANY ZION 2 A1TN: MR. ROD KRICH, MGR. NUC. REG. S EXECUTIVE ~IDWERS WEST I11, SUITE 1400 OPUS PLACE DOWNERS GROVE IL 60515-5701 i l l I e -}}