ML20213F400
| ML20213F400 | |
| Person / Time | |
|---|---|
| Issue date: | 09/24/1985 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Norry P NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20213F403 | List: |
| References | |
| FRN-44FR38533, FRN-50FR39076, FRN-51FR35026, FRN-51FR35206, RULE-PR-11, RULE-PR-25 AC-2-2, AC00-2-2, NUDOCS 8510070137 | |
| Download: ML20213F400 (2) | |
Text
PD(L A eco-x
~.
,e UNITED STATES 8
NUCLEAR REGULATORY COMMISSION h
WASHINGTON, D. C. 20586
.Sg*****
SEP 2 41985 b
MEMORANDUM FOR:
Patricia G. Norry, Director Office of Administration FROM:
William J. Dircks Executive Director for Operations
SUBJECT:
CONTROL OF NRC RULEMAKING By memorandum of February 13, 1984, " Control of NRC Rulemaking by Offices Reporting to the EDO," Offices were directed that effective April 1, 1984, (1) all offices under EDO surview must obtain my approval to begin and/or continue a specific rulema cing, (2) resources were not to be expended on rule-makings that have not been approved, and (3) RES would independently review rulemaking proposals torwarded for my approval and make recomendations to me concerning whether or not and how to proceed with the rulemakings.
In accordance with my directive, the following proposal concerning rulemaking has been forwarded tor my approval:
~ Initiation of ruleraking to revise 10 CFR Part 25 - Access Authorization for Licensee Personnel, to 1) rescind the NRC comitment in Section 25.17(e) to publish, in July of each year, the current access authorization fees (background investigation fees) and, 2) delete Appendix A "lees for Access Authorization."
(Sponsored by ADM - memorandum, Minogue to EDO dated July 22,1985.)
Initiation of rulemaking to address this matter is approved. However, LLD advises that items 1) and 2) above appear to be contrary to statutory require-ments. Therefore, another approach to address the matter must be determined.
My understanding is that the annual publication of such fees merely reflects the current fee charged to NRC (and the rest of the Federal Government) by the Office of Personnel Management (OPM) to conduct background investigations, plus an NRC'15 percent administrative add-on charge. OPM has adopted a policy of perio91c rate adjustments as warranted usually announced during the second quarter of each fiscal year. Agencies are notified by FPM Bul'etin announcing each rate adjustment. The purpose of the aforementioned NRC rulemaking is to keer licensees promptly informed of current fees while at the same time mini-miz ng the burden of such action.
In this regard, perhaps a viable approach is to revise the currently effective rule as follows:
Change the NRC comitment to an update of the tee schedule from the current
... July of each year..." to a more flexible " Updates of the access authorization fee will be published as warranted," or a close facsimile thereto.
i N
5$d@7Q2L2y 3t'f^
3 7A
- I
.i I
. SEP 2 41985 1his approach will keep applicants and licensees informed concernirg tees and minimize the burden of such action. To further minimize the burdee, it appears that rulemaking concerning this matter can be in final form (no ANPR or proposed rule) and issued under my,sgnature (Commission action is not required).
I expect that your consideration of this approach would include ELD views concernit:g the matter.
The NRC Regulatory Agenda (NUREG-0936) should be modified to reflect the status l
of this rulemaking.
f 1111am J. Dirc Executive Direc or for Operations cc:
V. Stello J. Roe H. R. Denton J. Taylor R. B. Minogue J. G. Davis
-