ML20236T774
| ML20236T774 | |
| Person / Time | |
|---|---|
| Issue date: | 07/22/1998 |
| From: | Funches J NRC OFFICE OF THE CONTROLLER |
| To: | Combs F NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20236T775 | List: |
| References | |
| NUDOCS 9807290007 | |
| Download: ML20236T774 (3) | |
Text
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[fUh k UNITED STATES j
NUCLEAR REGULATORY COMMISSION f
WASHINGTON, D.C. 20666-0001
- ,o July 22, 1998 MEMORANDUM TO: Frederick C. Combs, Acting Director Division of Industrial and Medical Nuclear Safety, NMSS i
FROM:
Jesse L. Funches Chief Financial Office [
SUBJECT:
EXEMPTIONS FROM REQUIREMENTS FOR AMENDMENT FEES I am responding to your June 16,1998, memorandum to James Turdici, requesting an exemption from amendment fees for those license amendments filed by and issued to fixed gauge and self-shielded irradiator licensees to change the Radiation Safety Officer (RSO). As explained below, an exemption is granted in accordance with 170.11(b)(1) of 10 CFR Part 170.
We have determined that the amendments will be exempt from 10 CFR Part 170 fees after the newly-developed fixed gauge and self-shielded irradiator guidance is issued based on your statements that: 1) the licenses are based on applications prepared using the final versions of Volumes 4 and 5 in the NUREG-1556 series; 2) the licenses contain the commitment regarding RSO qualifications; 3) the amendment application requests a change in the RSO; 4) because the licensee has made the needed commitments about the RSO's qualifications, there is no technical review of the application; 5) the issuance of such amendments is an administrative matter; and 6) maintaining knowledge of the identity of the current RSO through a license amendment is for the convenience of the Commission.
We understand that this new procedure is a change from current practice whereby the fixed gauge and self-shielded irradiator licensee would now submit only the name of the replacement RSO without having to provide supporting information about training and experience for NMSS technical review. This change is based on revised guidance for fixed gauge and self-shielded irradiator licensees which is the result of the Business Process Reengineering process whereby NMSS is now taking a graded, more performance-based approach for regulating this category
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of licensees.
We would like to clarify that the initial submission to be licensed under the final version of NUREG-1556, Volumes 4 and 5 is subject to fees. Staff in NMSS has advised us that these amendments require a technical review to determine that the licensee meets the criteria for having such a license. Therefore, the initial submissions are not administrative amendments.
l When the licensees file the initial request, they do not yet have a license issued under the final
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. version of NUREG-1556, Volumes 4 and 5. The fee exemption applies only after the license has been amended to incorporate the commitment into the license.
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PDR ORG NOMA i
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July 22, 1998 i
This exemption is authorized by law and is granted in accordance with 170.11(b)(1) of 10 CFR l
Part 170. As stated in your memorandum, it is understood that fees would be assessed if the amendment requires technical review or the license authorizes activities other than use of fixed gauges or self-shielded irradiators.
In the FY 1999 proposed fee rule, the OCFO intends to propose this as a specific exemption in 10 CFR 170.11; similar to the exemption added in the FY 1997 fee rulemaking for portable gauge licenses (10 CFR 170.11)(a)(11)). If you have any questions concerning this matter, please contact Sandra Kimberley at 301-415-6096.
Distribution GJackson, OCFO License Fee Analysts, LFARB NUDOCS (ML-61) w/cy inc OCFO/DAF/LFARB/RF w/o cy inc OCFO/DAF/LFARB/SF (LF-3.1.7) w/o cy inc OCFO/DAF/RF (DAF-8-166)
PDR Sheryl Villar, RI Diane Heim, Ril Debbie Hersey, Rlli Jackie Cook, RIV Joan Garcia, RIV
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