ML20236W709

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Informs That NRC Will Publish Encl Proposed Revs to 10CFR170 & 171 on License,Insp & Annual Fees for FY98 for Public Comment,Within Next Few Days.Proposed Revs Being Made to Implement Public Law 101-508 Enacted on 901105.W/o Encl
ML20236W709
Person / Time
Issue date: 03/26/1998
From: Funches J
NRC OFFICE OF THE CONTROLLER
To:
External (Affiliation Not Assigned)
Shared Package
ML20014B037 List:
References
FRN-63FR16046, RULE-PR-140, RULE-PR-170, RULE-PR-171, RULE-PR-2 AF83-1-022, AF83-1-22, NUDOCS 9808060166
Download: ML20236W709 (4)


Text

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2 WASHINGTON, D.C. 2055W1 49.....,o j~1s-98'

- NOTICE -

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION RELATING TO PROPOSED REVISIONS TO THE NUCLEAR REGULATORY COMMISSION'S LICENSE FEE REGULATIONS IN 10 CFR PARTS 170 AND 171 FOR FY 1998.

THE PROPOSED CHANGES AFFECT ALL APPLICANTS FOR AND HOLDERS 3

OF NRC LICENSES, CERTIFICATES AND APPROVALS.

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g WASHINGTON, D.C. 20555 0.01 March 26, 1998 1

IMPORTANT NOTICE

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TO:

ALL PARTS 30,40,50,61,70,71,72,73, AND 110 LICENSEES, APPLICANTS

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AND REACTOR VENDORS

SUBJECT:

PROPOSED REVISIONS TO 10 CFR PARTS 170 AND 171 ON LICENSE, INSPECTION AND ANNUAL FEES FOR FY 1998 Within the next few days, the U.S. Nuclear Regulatory Commission will publish in the Federal Register for public comment the enclosed Proposed Notice of Rulemaking. This notice proposes revisions to the fee requirements of 10 CFR Part 170 (" Fees for Facilities and Material

' Licenses and Other Regulatory Services...) and Part 171 (" Annual Fees for Reactor Operating Licenses and Fuel Cycle Licenses and Materials Licenses..."). These proposed revisions are being made to implement Public Law 101-508 enacted on November 5,1990, which mandates that the NRC recover approximately 100 percent of its budget authority less the appropriation from the Nuclear Waste Fund in FY 1998.

The amount of the FY 1998 budget to be recovered from fees is $454.8 million, which is $7.5 million less than the fee recovery amount for FY 1997. The NRC estimates that approximately

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$94.6 million will be recovered in FY 1998 from fees assessed under 10 CFR Part 170 and other receipts compared to $95.2 million in FY 1997. The remaining $360.2 million in FY 1998 would be recovered through the 10 CFR Part 171 annual fees. The total amount to be recovered through annual fees in FY 1998 is approximately $8.4 million less than in FY 1997.

In addition to the decrease in the total amount to be recovered through annual fees and the slight reduction in the estimated amount to be recovered in 10 CFR Part 170 fees, the number of licensees paying annual fees in FY 1998 has decreased compared to FY 1997 For example, Commonwealth Edison has notified the NRC that the Zion Station Unks 1 and '.!

. ceased operations on February 13,1998. In addition, both the Haddam Neck Plant and tne Maine Yankee Plant ceased operatione during FY 1997 and therefore are not subject to the FY 1998 annual fees. This is equivalent to a reduction of 2.5 power reactors tahject to the FY 1998 annual fees compared to FY 1997, As a result of these changes, the proposed FY 1998 annual fees would increase slightly, by 0.1 i

percent, compared to the FY 1997 actual (prior to rounding) annual fees. Because this is a slight increase, after rounding the proposed FY 1998 annual fees for many fee categories are the same as the final FY 1997 annual fees. The following examples illustrate the changes in annual fees:

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% FY 1997 FY 1998 Class of Licensees Annual Fee Prooosed Annual Fee Power Reactors

$2,978,000

$2,980,000 Nonpower Reactors 57,300 57,300 High Enriched Uranium Fuel 2,606,000 2,607,000 Facility Low Enriched Uranium Fuel 1,279,000 1,280,000 Facility UF' Conversion Facility 648,000 649,000 Uranium Mills 61,800 61,800 Tvoical Materials Licenses Radiographer 14,100 14,100 Well Loggers 8,200 8,200 Gauge Users 1,700 1,700 Broad Scope Medical 23,500 23,500 The specific changes to Parts 170 and 171 would:

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1.

Part 17_.Q 1

(a)

Revise the two professional hourly rates in 6170.20 which will be used to 1

1 determine the 10 CFR Part 170 fees essessed by the NRC. The proposed hourly rate for the reactor program is $124 per hour compared to $131 per hour in FY 1997, and the proposed hourly rate for the materials program is $121 per hour compared to $125 per hour in FY 1997; (b)

Adjust th6 $170.31 licensing (application and amendment) " flat" fees for materials licenses to reflect the costs of providing the licensing services; (c)

Revise the fees in @9170.21 and 170.31 that relate to the export and import of radioactive material to reflect the costs of providing the licensing services; (d)

Revise S170.12(g) to include full cost recovery for resident inspectors and to recover costs incurred up to 30 days after issuance of the inspection report; (e)

Revise @170.12(h) to include cred;t cards as an additional method of payment for small dollar amounts, and to provide additional information on electronic payments; and l

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(f)

Implement a procedural change whereby fees would be assessed under S@170.21 and 170.31 for activities, such as application reviews and inspections, performed during compensated overtime. The compensated overtime hours would be billed at the normal hourly rate.

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Part 171 (a)

Adjust all annual fees upward by about 0.1 percent. The proposed change is consistent with the NRC's intention stated in the FY 1995 final rule, that beginning in FY 1996, annual fees would be stabilized by adjusting the prior year annual fees by the percent change (plus or minus) in the NRC budget authority 1

taking into consideration the estimated collections from 10 CFr oart 170 fees and the number of licensees paying fees; and (b)

Revise $171.19 to include credit cards as an additional method of payment for small d6ar amounts and to provide additionalinformation on electronic payments.

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I All parties desiring to submit written comments for consideration should send them to the Secretary of the U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention:

Docketing and Services Branch, within 30 days from publication in the Federal Register.

Comments may also be submitted via the NRC's interactive rulemaking website through the i

NRC home page (http://www.nrc gov). Questions relating to the proposed revision should be

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directed to the U.S. Nuclear Regulatory Commission, Washiagton, D.C. 20555. Attention:

Office of the Chief Financial Officer.

In addition to the amendment to Parts 170 and 171, the NRC is proposing conforming amendments to 10 CFR Parts 2 and 140 to include additional payments options for civil I

penalties and indemnity fees.

Please note that the NRC plans to discontinue mailing the final rule to alllicensees. In addition to publication in the Federal Register the final rule will be available on the internet at http://ruleforum.fini. gov. Copies of the final rule will be mailed upon request. To request a copy of the final rule, contact the Office of the Chief Financial Officer at 301-415-7554.

Sincerely, M

Jesse L. Funches Chief Financial Officer

Enclosure:

Proposed Notice of Rulemaking

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