ML20212K733
| ML20212K733 | |
| Person / Time | |
|---|---|
| Issue date: | 04/01/1999 |
| From: | Turdici J NRC OFFICE OF THE CONTROLLER |
| To: | Garrick B, Larkins J, Powers D NRC ADVISORY COMMITTEE ON NUCLEAR WASTE (ACNW), Advisory Committee on Reactor Safeguards |
| Shared Package | |
| ML20138F537 | List:
|
| References | |
| FRN-64FR15876, RULE-PR-170, RULE-PR-171 AG08-1-031, NUDOCS 9910070039 | |
| Download: ML20212K733 (6) | |
Text
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p /" n %k UNITED STATES [h s- B
'" NUCLEAR REGULATORY COMMISSION l
- . I WASHINGTON, D.C. 2055H001
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April 1, 1999 l
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l MEMORANDUM TO: Those on the Attac ist )
FROM: James Turdici, Directo .- ;
Division of Accounting nd F' ance Office of the Chief Finan Officer ;
l
SUBJECT:
NOTICE OF PROPOSED RULEMAKING - 100 PERCENT FEE RECOVERY- FY 1999
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On March 25,1999, the Chief Financial Officer signed a proposed rule that would establish the fees necessary to recover approximately 100 percent of the NRC's FY 1999 budget. The proposed rule will be published in the Federal Register within the next few days.
The amount of the FY 1999 budget to be recovered from fees is $449.6 million, which is $5.2 !
million less than the fee recovery amount for FY 1998. We estimate that approximately $107.7 m '
million will be recovered in FY 1999 from fees assessed under 10 CFR Part 170 and other receipts, compared to $94.6 million in FY 1998. In addition, we anticipate a net adjustment of
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$2.1 million for payments received in FY 1999 for FY 1998 invoices. The remaining $339.8 million in FY 1999 would be recovered through the 10 CFR Part 171 annual fees. The total amount to be recovered through annual fees in FY 1999 is approximately $20.4 million less ;
than in FY 1998.
The major proposed changes to 10 CFR Part 171 (annual fees), and 10 CFR Part 170 (licensing and inspection fees) are as follows:
- 1. ' Part 171 (a) Establish a new spent fuel storage / reactor decommissioning annual fee to be assessed to all Part 50 power reactors licensees, regardless of their operating status, and to those Part 72 licensees who do not hold a Part 50 license. The current annual fee for Part 72 licensees for independent spent fuel storage would be eliminated. This proposed change would give equivalent fee treatment to both wet storage (e.g., spent fuel pool), and dry storage (i.e.,
independent spent fuel storage installations (ISFSis)).
(b)' Use revised matrixes for determining the annual fees for the fuel facility and uranium recovery classes of licensees.
% Ma' 9910070039 991001 PDR PR 170 64FR15ET6 PDR i O \ry) -] m SC5
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[ (c) Rebaseline annual fees for FY 1999. As a result of rebaselining, annual fees I for operating power reactors and some categories of materials licensees would decline. For other categories of materials licensees the annual fees would increase. For some materials fee categories, the increases would be significant.
The proposed rule solicits public comment on two optional rebaselining methods for establishing the FY 1999 annual fees: 1) rebaseline without a cap, or 2) rebaseline 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 the final rule after evaluating the public comments.
The FY 1998 fees and the proposed FY 1999 annua! fees under both rebaselining options for representative classes of licensees are as follows:
FY 1998 Proposed FY 1999 Annual Fee Class of Licensees Annual Fee Option A Option B (without a cao) (With a cao)
Operating Power Reactors $2,976,000 $2,769,0001' $2,775,0001' Spent fuel storage /reector decommissioning N/A 199,000 199,000 Nonpower Reactors 57,300 85,900 85,600 High Enriched Uranium Fuel 2,604,000 3,281,000 3,288,000 Facility Low Enriched Uranium Fuel 1,278,000 1,100,000 1,103,000 Facility UF, Conversion Facility 648,000 472,000 473,000 Uranium Mills 61,700 131,000 92,100 Solution Mining 34,900 109,000 52,100 Transportation Users and Fabricators 78,800 66,700 66,800 Users Only 1,000 2,200 1,500 Typical Materials Licenses Radiographers 14,000 14,700 14,700 Wellloggers 8,200 9,900 10,000 Gauge users 1,700 2,600 2,500 Broad scope medical 23,500 27,800 27,800 Broad scope manufacturers 16,600 26,000 24,800
- . 1' Includes spent fuel storage / reactor decommissioning annual fee i
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[ 2. Part 170 l
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i (a) Expand the scope of Part 170 to include the following additional activities for j cost recovery through Part 170 fees rather than through Part 171 fees: incident investigations, performance assessments and evaluations (except those for which the licensee volunteers at NRC's request and which NRC accepts),
reviews of reports and other submittals such as responses to Confirmatory l Action Letters, and full cost recovery for time expended by Project Managers, except time spen: on generic activities such as rulemaking, and leave time.
The proposed rule also solicits public comment on whether to inciude under Part 170 rather than Part 171 the development of orders issued under 10 CFR 2.202, evaluation of responses to orders, development of Notices of Violation
("NOVs") accompanying escalated enforcement actions, and evaluation of responses to NOVs in the FY 2000 proposed fee rule; (b) Eliminate 10 CFR 170.31 amendment fees for small materials licenses that are based on the average time to complete the review (" flat" fees) and include the amendment processing costs in the Part 171 annual fees assessed to the small materials licensees; (c) Revise the two professional hourly rates for NRC staff time established in Section 170.20 to reflect $141 per hour for the scactor program, and $140 per l hour for the nuclear materials and nuclear waste pregram, up from $124 and l
$121 respectively in the FY 1798 fee rule. The proposed increases reflect the correction to a coding error in NRC's FY 1998 budget, which is used in the development of fees, that contributed to the hourly rate decrease for FY 1998; (d) Adjust current fees at Sections 170.21 and 170.31 to reflect both the changes in the revised hourly rates and the results of the biennial review of Part 170 fees I i required by the Chief Financial Officers Act (CFO Act). As required by the Act, an evaluation was performed of historical professional staff hours used to process a new license application for those materials licensees whose fees are based on the average cost method (flat fees); and new license and amendment applications for import and export licenses. As a result of the review, the
. revised fees reflect increases in average time in some cases, and decreases in l
j average time in other cases. 1 i
Copies of the proposed rule are being provided to all branch chiefs and above in the headquarters and regional offices as part of the standard distribution process for rulemaking.
In addition, a copy of the proposed rule and a summary of the proposed changes will be I mailed to all licensees within the next few days.
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f . We recommend that you provide this information to those members of your staff most likely to 1; come in contact with licensees (e.g., project managers, section leaders, team leaders, and inspectors).
- If you or y '+ staff have questions concerning implementation of the proposed rule, please contact Gin (Jackson on 301-415-6057.
CC: , ease L. Funches, CFO >
. Peter J. Rabideau, DCFO l'
1
,/
t p = Addresses - Memorandum Dated : Aoril 1.1999 Office Directors and Regional Administrators
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SUBJECT:
- NOTICE OF PROPOSED RULEMAKING - 100 PERCENT FEE
[ RECOVERY - FY 1999 Mail Stoo
. B. John Garrick, Chairman, Advisory Committee on Nuclear Waste 0-16 C1 Dana A. Powers, Chairman, Advisory Committee on Reactor Safeguards 0-16 C1
' John T. Larkins, Executive Director, Advisory Committee on Reactor T-2 E26 Safeguards / Advisory Committee on Nuclear Waste G. Paul Bollwerk, Ill, Acting Chairman and Chief Administrative Judge T-2 E26 Atomic Safety and Licensing Board Panel Karen D. Cyr, General Counsel 0-15 818 John F, Cordes, Jr., Acting Director 0-15 B18
. Office of Commission Appellate Adjudication Anthony J. Galante, Chief information Officer )
O-16 C1 Hubert T. Bell, inspector General T-5 D28 Janice Dunn Lee, Acting Director, Office of Intemational Programs O-16 C1 Dennis K. Rathbun, Director, Office of Congressional Affairs O 16 C1 William M. Beecher, Director, Office of Public Affairs 0-2 A13 Annette Vietti-Cook, Secretary of the Commission O-16 C1
- William D. Travers, Executive Director for Operations O-16 E15 l Frank J. Miraglia, Jr., Deputy Executive Director for Regulatory Programs O-16 E15 Malcolm R. Knapp, Deputy Executive Director for Regulatory Effectiveness 0-16 E15 l
. Patricia G. Norry, Deputy Executive Director for Management Services O-16 E15 '
James L Blaha, Assistant for Operations, OEDO O-16 E15 Michael L. Springer, Director, Office of Administration T-7 DS9 i James Lieberman, Director, Office of Enforcement 0-7 H5 Guy P. Caputo, Director, Office of Investigations
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O-3 F1 !
Paul E. Bird, Director, Office of Human Resources T-3 A2 )
!' Irene P. Little, Director, Office of Small Business and Civil Rights T-2 F18 i Carl J. Paperiello, Director, Office of Nuclear Material Safety and Safeguards T-8 A23 l Samuel J. Collins, Director, Office of Nuclear Reactor Regulation _ O-5 E7 l Ashok C. Thadani, Director, Office of Nuclear Regulatory Research T-10 F12 !
Paul H. Lohaus, Director, Office of State Programs O-3 H2O ;
- Frank J. Congel, Director, incident Response Operations T-4 D28 !
Hubert J. Miller, Regional Administrator, Region i RGN-l l Luis A. Reyes, RegicW. Adininistrator, Region 11 RGN-Il l
- James E. Dyer, Re6;nMdministrator, Region lli RGN-Ill '
Ellis W. Marschoff, Regional Administrator, Region IV RGN-IV 2
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i e April 1, 1999
/ We recommend that you provide this information to those members of your staff most likely to i
! come in contact with licensees (e.g., project managers, section leaders, team leaders, and inspectors),
if you or your staff have questions conceming implementation of the proposed rule, please contact Glenda Jackson on 301-415-6057.
I CC: Jesse L. Funches, CFO Peter J. Rabideau, DCFO Distribution:
James H. Joyner, Ill, DRMA, Region i George G. Benoit, DRMA, Region !!
Martin J. Kerlin, DRMA, Rlli Kathleen J. Hamill, DRMA, RIV OCFO/LFARB/DAF RF OCFO/LFARB RF (DAF-9-000)
OCFO/LFARB SF (LF-1.19)
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