ML20236Y484

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Forwards Items Re Publication of Final Notice of Rulemaking, 100% Recovery for FY98,which Was Signed by Chief Financial Officer on 980522
ML20236Y484
Person / Time
Issue date: 06/02/1998
From: Dandois D
NRC OFFICE OF THE CONTROLLER
To: Meyer D
NRC OFFICE OF ADMINISTRATION (ADM)
Shared Package
ML20236V991 List:
References
FRN-63FR31840, RULE-PR-140, RULE-PR-170, RULE-PR-171, RULE-PR-2 AF83-2-019, AF83-2-19, NUDOCS 9808120240
Download: ML20236Y484 (25)


Text

!

l June 2, 1998 MEMORANDUM TO: David L. Meyer, Chief Rules and Directives Branch Division of Administrative Services Office of Administration FROM: Diane B. Dandois, Chief I E License Fee and Accounts Receivable Branch Division of Accounting and Finance Office of the Chief Financial Officer

SUBJECT:

FINAL NOTICE OF RULEMAKING - 100 PERCENT RECOVERY FOR FY 1998 Attached for your action are the following items relating to the publication of the subject final l

rule which was signed by the Chief Financial Officer on May 22,1998.

l

1. Original and 25 copies of the Final Notice of Rulemaking - 10 CFR Parts 2, 140,170 and 171.

l , 2. Six Congressional letters relating to the final rule.

3. Draft public announcement.

The final rule is consistent with Commission fee policy decisions and does not constitute a significant question of policy nor does it amend regulations contained in 10 CFR Part 7,8 or 9 Subpart C concerning matters of policy. Note that the Office of Enforcement concurs with the revisions to Part 2 to add additional payment methods for civil penalties.

l Given the time urgency, the final rule should be published immediately. We are also attaching for your files a copy of the " Approved for Publication" and " Daily Staff Notes to the Commission."

Thank you for your assistance in this matter.

Attachments: As stated

! cc: Alvin Blunt, CIO Distribution:

OCFO/DAF/LFARB RF w/o att '

OCFO/DAF RF (DAF-8-000) w/o att OCFO/DAF SF (LF-1.14) w/att 1

DOCUMENT NAME: G:\DMEYER (To recewe a copy of dus documem. indicate m dw bon- *C* = Copy wuhan anachmenvenclosure *E' . Copv wuh anachmenivenciasure *N" = No copy.

OFFICE DCF0/DAF/LFARB ( OCF0/DAF/LFARB h

,JG .o.. Y o.o. 2 DATE (/N/98 b /98 / /98 OFFICIAL RECORD COPY 9908120240 990728 "

PDR PR 2 63FR31840 PDR 7800/202Yo @

June 2, 1998 MEMORANDUM TO: David L. Meyer, Chief Rules and Directives Branch

^- Division of Administrative Services

.... Office of Administration FROM: Diane B. Dandois, Chief License Fee and Accounts Receivable Branch Division of Accounting and Finance Office of the Chief Financial Officer

SUBJECT:

FINAL NOTICE OF RULEMAKING - 100 PERCENT RECOVERY FOR FY 1998 Attached for your action are the following items relating to the publication of the I;;bject final rule which was signed by the Chief Financial Officer on May 22,1998.

1. Original and 25 copies of the Final Notice of Rulemaking - 10 CFR Parts 2, 140,170 and 171.
2. Six Congressional letters relating to the final rule.
3. Draft public announcement.

l The final rule is consistent with Commission fee policy decisions and does not constitute a l

significant question of policy nor does it amend regulations contained in 10 CFR Part 7,8, or 9 i Subpart C concerning matters of policy. Note that the Office of Enforcement concurs with the revisions to Part 2 to add additional payment methods for civil penalties.

Given the time urgency, the final rule should be published immediately. We are also attaching for your files a copy of the " Approved for Publication" and " Daily Staff Notes to the Commission."

Thank you for your assistance in this matter.

Attachments: As stated cc: Alvin Blunt, CIO Distribution:

OCFO/DAF/LFARB RF w/o att OCFO/DAF RF (DAF-8-000) w/o att OCFO/DAF SF (LF-1.14) w/att i

DOCUMENT NAME: G:\DMEYER l (To receive a copy of thn documrsu. mdscate m etw hos "C" = Cgy wittmut artwhmrvu enckwurr 'T" - C@s with att.ichmrtu!rnchnure "N" = No cop)

OFFICE OCF0/DAF/LFARB -

OCF0/DAF/LFARB (

4 E GCJackson DBDandois ' .

IL DATE ' /.b/98 //98 / /98 OFFICIAL RECORD COPY I

l j

h

w. f)F8M y o& UNITED STATES qg j NUCLEAR REGULATORY COMMISSION v
) o, g WASHINGTON, D.C. 20556-0001 we  %, e
          • p June 2, 1998 MEMORANDUM TO: David L, Meyer, Chief Rules and Directives Branch Division of Administrative Services Office of Administration k - \ e, FROM: Diane B. Dandois, Chief ' U'
  • License Fee and Accounts Receivable Branch Division of Accounting and Finance Office of the Chief Financial Officer

SUBJECT:

FINAL NOTICE OF RULEMAKING - 100 PERCENT RECOVERY FOR FY 1998 Attached for your action are the following items relating to the publication of the subject final rule which was signed by the Chief Financial OMicer on May 22,1998. ,

i

1. Original and 25 copies of the Final Notice of Rulemaking - 10 CFR Parts 2, 140,170 and 171.
2. Six Congressional letters relating to the final rule.
3. Draft public announcement.

The final rule is consistent with Commission fe.e policy decisions and does not constitute a significant question of policy nor does it amend re0ulations contained in 10 CFR Part 7,8, or 9 Subpart C concerning matters of policy. Note that the Office of Enforcement concurs with the revisions to Part 2 to add additional payment methods for civil penalties.

Given the time urgency, the final rule should be published immediately. We are also attaching for your files a copy of the " Approved for Publication" and " Daily Staff Notes to the Commission."

l Thank you for your assistance in this matter.

l Attachments: As stated cc: Alvin Blunt, CIO

Distribution: Letter to The Honorable Al Gore, Dated d / 7f LJCallan, EDO PJRabideau, OCFO JLFunches, OCFO JTurdici, OCFO/DAF DBDandols, OCFO/DAF GCJackson, OCFO/DAF OCFOIDAF/LFARB RF OCFO/DAF RF (DAF-8-000)

OCFO/DAF SF (LF-1.14)

RRDB/ADM OCFO SF OCFO RF Sharon Hudson.

DCFO RF I

I i

f I

)

t The Honorable Al Gore President of the United States Senate Washington, D.C. 20510

Dear Mr. President:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),5 U.S.C. 801, the Nuclear Regulatory Commission is submitting a " major rule" to comply with the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), at amended,42 U.S.C. 2214. OBRA-90 requires that the NRC recover approximately 100 percent of its budget authority, less the appropriation from the Nuclear Waste Fund, for each fiscal year 1991 through 1998 by assessing license and annual fees. For FY 1998, the NRC must collect approximately 5454.8 million through these fees. Two types of fees are assessed. Applicants and licensees are charged for specific services, such as inspections and licensing reviews, that are provided by the NRC. In addition, the NRC assesses an annual fee to its licensees, largely to recover generic costs that cannot be attributed to specific licensees.

We have determined that this rule is a " major rule" as defined in 5 U.S.C. 804 (2). We have confirmed this determination with the Office of Management and Budget.

Enclosed is a copy of the final FY 1998 rule, which is being transmitted to the Federal Register for publication. The Regulatory Flexibility Analysis is presented within the text of the final rule as Appendix A. Attachment 1 to Appendix A is the Small Entity Compliance Guide required by SBREFA which will assist small entities in complying with the rule. This final rule is scheduled to become effective 60 days after publication in the Federal Register.

Sincerely, Shirley Ann Jackson l

i

Enclosure:

Final FY 1998 Fee Rule l i

l Distribution: (See attached list)

DOCUMENT NAME: C:\ GORE (To recens a copy of this document mdicaie m the bon "C" = Cctv withus attachmem encloge "E" = Cory with attachment' enclosure 'N' = No copv OFFICE OCFO/DAF/LFARB L OCFO!D/DAF G Jer@ CF OcA OCM NAME oBDan CJa n JTurdo d au JLFunches DKRathbun SAJackson DATE 7 A '/98 #/ I/98 / 98 bl1/98 / /98 # I90 OFFICIAL RECORD COPY

l $a aee i

UNITED STATES y , NUCLEAR REGULATORY COMMISSION g g WASHINGTON, D.C. 20555 4001

~

. . g, j

CHAIRMAN l

The Honorable Al Gore President of the United States Senate Washington, D.C.- 20510

Dear Mr. President:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),5 U.S.C. 801, the Nuclear Regulatory Commission is submitting a " major rule" to

' comply with the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended,42 U.S.C. 2214. OBRA 90 requires that the NRC recover approximately 100 percent ofits budget authority, less the appropriation from the Nuclear Waste Fund, for each fiscal year 1991 l through 1993 by assessing license and annual fees. For FY 1998, the NRC must collect approximately $454.8 million through these fees. Two types of fees are assessed. Applicants and licensees are charged for specific services, such as inspections and licensing reviews, that are provided by the NRC. In addition, the NRC asser,ses an annual fee to its licensees, largely to recover generic costs that cannot be attributed to specific licensees.

We have determined that this rule is a " major rule" as defined in 5 U.S.C. 804 (2). We have confirmed this determination with the Office of Management and Budget.

l i

Enclosed is a copy of the final FY 1998 rule, which is being transmitted to the Federal Register for publication. The Regulatory Flexibility Analysis is presented within the text of the final rule as Appendix A. Attachment 1 to Appendix A is the Small Entity Compliance Guide required by l SBREFA which will assist small entities in complying with the rule. This final rule is scheduled to become effective 60 days after publication in the Federal Register, Sincerely, l Shirley Ann Jackson l

Enclosure:

Final FY 1998 Fee Rule

Distribution: Letter to Honorable Newt Gingrich, Dated LJCallan, EDO PJRabideau, OCFO JLFunches, OCFO JTurdici, OCFO/DAF DBDandois, OCFO/DAF GCJackson, OCFO/DAF OCFO/DAF/LFARB RF '

OCFO/DAF RF (DAF-8-000)

OCFO/DAF SF (LF-1.14)

RRDB/ADM OCFO SF OCFO RF Sharon Hudson DCFO RF I

l l

l Tha Honorabia Nzwt Gingrich Speaker of the United States House of Representatives Washington, D.C. 20515 p

Dear Mr. Speaker:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),5 L S.C. 801, the Nuclear Regulatory Commission is submitting a " major rule" to i comply with the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended,42 ,

U.S.C. 2214. OBRA 90 requires that the NRC recover approximately 100 percent of its budget i l authority, less the appropriation from the Nuclear Waste Fund, for each fiscal year 1991 l through 1998 by assessing license and annual fees. For FY 1998, the NRC must collect approximately $454.8 million through these fees. Two types of fees are assessed. Applicants and licensees are charged for specific services, such as inspections and licensing reviews, that are provided by the NRC. In addition, the NRC assesses an annual fee to its licensees, largely to recover generic costs that cannot be attributed to specific licensees.

We have determined that this rule is a " major rule" as defined in 5 U.S.C. 804 (2). We have confirmed this determination with the Office of Management and Budget.

Enclosed is a copy of the final FY 1998 rule, which is being transmitted to the Federal Register for publication. The Regulatory Flexibility Analysis is presented within the text of the final rule j as Appendix A. Attachment 1 to Appendix A is the Small Entity Compliance Guide required by SBREFA which vill assist small entities in complying with the rule. This final rule is scheduled to become effective 60 days after publication in the Federal Register.

Sincerely, j Shirley Ann Jackson l

Enclosure:

Final FY 1998 Fee Rule i

i l

Distribution: (See attached list)

DOCUMENT NAME: G \Gingrich ne recewe a copy of due documem, adme a the bon *C

  • Copy wahout auchmem encknure T = Copy aun anchmem exkmure T e No copy.

OFFICE OCF0/DAF/tFACE u OCF0/DiDAF C N d CTO DCA OCM i.4mt mis fiz; ens / s e eici ( ex.h atr e:res tn m e Wame car ,i n ,s L,im Gins N 6 2,se i 19e i m DFFICIAL RECORD COPY

jd# *'% UNITED STATES c  % NUCLEAR REGULATORY COMMISSION E o WASHINGTON, D.C. 2055m01 t s 1,

.....,o CHAIRMAN The Honorable Newt Gingrich Speaker of the United States House of Representatives Washington, D.C. 20515  !

Dear Mr. Speaker:

i Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),5 U.S C. 801, the Nuclear Regulatory Commission is submitting a " major rule" to comply with the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended,42 U.S.C. 2214. OBRA-90 requires that the NRC recover approximately 100 percent of its budget authority, less the appropriation from the Nuclear Waste Fund, for each fiscal year 1991 through 1998 by assessing license and annual fees. For FY 1998, the NRC must collect j approximately $454.8 million through these fees. Two types of fees are assessed. Applicants and licensees are charged for specific services, such as inspections and licensing reviews, that l

1 are provided by the NRC. In addition, the NRC assesses an annual fee to its licensees, largely to recover generic costs that cannot be attributed to specific licensees.

We have determined that this rule is a " major rule" as defined in 5 U.S.C. 804 (2). We have confirmed this determination with the Office of Management and Budget.

Enclosed is a copy of the final FY 1998 rule, which is '. eing transmitted to the Federal Register for publication. The Regulatory Flexibility Analysis is presented within the text of the final ru!e as Appendix A. Attachment 1 to Appendix A is the Small Entity Compliance Guide required by SBREFA which will assist small entities in complying with the rule. This final rule is scheduled to become effective 60 days after publication in the Federal Register.

Sincerely, Shirley Ann Jackson

Enclosure:

Final FY 1998 Fee Rule 1

i-i .

)

' l

)

Distnbution: Letter to Mr. Robert P. Murphy, Dated LJCallan, EDO .

PJRabideau, OCFO JLFunches, OCFO JTurdici, OCFO/DAF DBDandois, OCFO/DAF GCJackson, OCFO/n ty , ,

i

OCFO/DAF/LFARB RF OCFO/DAF RF (DAF-8-000) '

OCFO/DAF SF (LF-1.14)

RRDB/ADM OCFO SF l

OCFO RF SHudson DCFO RF l

l l-l

- ~ - - - -- --

^" '

i Mr. Robert P. Murphy General Counsel General Accounting Office i

Room 7175 441 G Street, N.W.

l Washington, D.C. 20548 L

Dear Mr. Murphy:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996

. (SBREFA),5 U.S.C. 801, the Nuclear Regulatory Commission is submitting a " major rule" to comply with the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended,42 U.S.C. 2214. OBRA-90 requires that the NRC recover approximately 100 percent ofits budget authority, less the appropriation from the Nuclear Waste Fund, for each fiscal year 1991

through 1998 by assessing license and annual fees. For FY 1998, the NRC must collect approximately $454.8 million through these fees. Two types of fees are assessed. Applicants and licensees are charged for specific services, such as inspections and licensing reviews, that are provided by the NRC. In addition, the NRC assesses an annual fee to its licensees,largely to recover generic costs that cannot be attributed to specific licensees.

We have determined that this rule is a " major rule" as defined in 5 U.S.C. 604 (2). We have confirmed this determination with the Office of Management and Budget.

Enclosed is a copy of the final FY 1998 rule, which is being transmitted to the Federal Register for publication. The Regulatory Flexibility Analysis is presented within the text of the final rule

, as Appendix A. Attachment 1 to Appendix A is the Small Entity Compliance Guide required by i

SBREFA which will assist small entities in complying with the rule. This final rule is scheduled to become effective 60 days after publication in the Faderal Register.

Sincerely, i

! Shirley Ann Jackson

Enclosure:

Final FY 1998 Fee Rule l

l Distribution: (See attached list)

DOCUMENT NAME: C:\ Murphy (To receive a corv of th,s documem. mdicate m the hos "C" = Corv wnhout anachmennenclosure *E" = Copv wuh anachmenvenclosure "N" = No egy 0FFICE Otr0/DAr/trARB , u OCF0/D 'DAF d NFO trV N MA Mu NME 09 is/GCJackso JTurditi PJ#aticeau r c es D* Rainb.ri SAJatt sosi ll DATE ' h v4B @/f/9a / /98 h/pi9g / 198 / /98 0FFICIAL RICORD COPY

.._.... , .4 . _ , . . . . _ . . .

% UNITED STATES

. 0  % NUCLEAR REGULATORY COMMISSION

.j g g WASHINGTON. D.C. 205n-0001

~ ,o t a % .... j CHAIRMAN Mr. Robert P. Murphy General Counsel General Accounting Cffice Room 7175 441 G Street, N.W.

Washington, D.C. 20548

Dear Mr. Murphy:

Pursuant to Subtitia E of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.F.C. 801, the Nuclear Regulatory Commission is submitting a " major rule" to comply with the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended,42 U.S.C. 2214. OBRA-90 requires that the NRC recover approximately 100 percent of its budget authority, less the appropriation from the Nuclear Waste Fund, for each fiscal year 1991 through 1998 by assessing license and annual fees. For FY 1998, the NRC must collect approximately $454.8 million through these fees. Two types of fees are assessed. Applicants and licensees are charged for specific services, such as inspections and licensing reviews, that are provided by the NRC. In addition, the NRC assesses an annual fee to its licensees, largely to recover generic costs that cannot be attributed to specific licensees.

tle have determined that this rule is a " major rule" as defined in 5 U.S.C. 804 (2). We nave

  • onfirmed this determination with the Office of Management and Budget.

Enclosed is a copy of the final FY 1998 rule, which is being transmitted to the Federal Register -

for publication. The Regulatory Flexibility Analysis is presented within the text of the final rule as Appendix A. Attachment 1 to Appendix A is the Small Entity Compliance Guide required by SBREFA which will assist small entities in complying with the rule. This final rule is scheduled to become effective 60 days after publication in the Federal Register.

Sincerely.

Shirley Ann Jackson

Enclosure:

Final FY 1998 Fee Rule r

p uty y"  % UNITED STATES g

j NUCLEAR REGULATORY COMMISSION

, g WASHINGTON, D.C. 20555-0001 w  % ,,.* l

+

The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

The Omnibus 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 1998 by assessing license and annual fees. For FY 1998, the NRC must collect approximately $454.8 million through these fees.

I in order to comply with the law, the Commission is amending its fee regulations in 10 CFR l Parts 170 and 171. The final amendments to 10 CFR Part 170 will revise the professional hourly rates and " flat" licensing fees to reflect the costs of providing NRC licensing services to applicants and licensees. 1 The final amendments to 10 CFR Part 171 will establish the amount of the FY 1998 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 1998 annual fees will decrease by about 0.1 percent as compared to FY 1997. The slight decrease in annual fees results pnmarily from the reduction in the budgeted amount to be recovered through fees for FY 1998 as well as a reduction in the number of licensees paying the annual fees. Those NRC licensees that can qualify as a small entity under the NRC's size standards will continue to be eligible to pay reduced annual fees.

Enclosed is a copy of the final rule which is being transmitted to the Federal Register for publication. The final rule will become effective 60 days after publication.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Final Revision to 10 CFR Pads 170 and 171

  • cc: Senator Bob Graham l

l

_________O

Ths Honorabis James M. Inhofe, Chairman Subcommittsa on CI:an Air, Wetlands, Private Prcperty and Nuclear Safety

  • Committee on Environment and Public Works United States Senate

,s Washington, DC 20510

Dear Mr. Chairman:

The Omnibus 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 1998 by assessing license and annual fees. For FY 1998, the NRC must collect approximately $454.8 million through these fees.

In order +o comply with the law, the Commission is amending its fee regulations in 10 CFR Parts 170 and 171. The final amendments to 10 CFR Part 170 will revise the professional hourly rates and " flat" licensing fees to reflect the costs of providing NRC licensing services to applicants and licensees.

The final amendments to 10 CFR Part 171 will establish the amount of the FY 1998 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 1998 annual fees will decrease by about 0.1 percent as compared to FY 1997. The slight decrease in annual fees results primanly from the reduction in the budgeted amount to be recovered through fees for FY 1998 as well as a reduction in the number of licensees paying the annual fees. Those NRC licensees that can qualify as a small entity under the NRC's size standards will continue to be eligible to pay reduced annual fees.

Enclosed is a copy of the final rule which is being transmitted to the Federal Register for publication. The final rule will become effective 60 days after publication.

Sincerely, Dennis K. Rathbun, Director l Office of Congressional Affairs

Enclosure:

Final Revision to 10 CFR Parts 170 and 171 cc: Senator Bob Graham IDENTICAL LETTERS SENT TO: ATTACHED LIST Distribution:

OCA/RF OCFO/DAF/LFARB RF OCFO/RF OCFO/DAF RF (DAF-8-000)

OCFO/SF OCFO/DAF SF (LF-1.14) -y NAME: G: CONGRESS WPD i M '. m  :'

go rescove a ovv eif stuadmunwm smh. ate m the hos "C" = Civv m,thmet ariachmcm em knu,e "E" = Cww with .uta. hmem em bure "N" = % cigv 0FFICE OCF0/DAF/LFARB OCF0/DAF b- OCEnjy C' OCA NAME GJac on/DDanadN JTurdict ( PR au JFunches DKRathbun DATE )98 Ist'//98 /k98 [/7.,/98 / /98 0FFICIAL RECORD COPY l

IDENTICAL LETTERS SENT TO:

,m 2 The Honorable James M. Inhofe, Chairman

,s Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510 l

cc: Senator Bob Graham

l. The Honorable Dan Schaefer, Chairman l Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515 cc: Representative Ralph M. Hall The Honorable Pete V. Domenici, Chairman Subcommittee on Energy and Water Development Committee on Appropriations United States Senate Washington, DC 20510 cc: Senator Harry Reid The Honorable Joseph M. McDade, Chairman Subcommittee on Energy and Water Development Committee on Appropriations United States House of Representatives Washington, DC 20515 cc: Representative Vic Fazio The Honorable John R. Kasich, Chairman Committee on the Budget j United States House of Representatives Washington, DC 20515 i

cc: Representative John M. Spratt, Jr.

The Honorable Pete V. Domenici, Chairman Committee on the Budget United States Senate Washington, DC 20510 cc: Senator Frank R. Lautenberg

I spc crog<p% UNITED STATES

$p-). E NUCLEAR REGULATORY COMMISSION g iE WASHINGTON, D.C. 20555 4 001

. yg .....,/

The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515 l

Dear Mr. Chairman:

l The Omnibus Budget Reconciliation Act of 1990, as amended, requires that the NRC recover l approximately 100 percent of its budget authority, less the appropriation from the Nuclear l Waste Fund, for Fiscal Years 1991 through 1998 by assessing license and annual fees. For FY 1998, the NRC must collect approximately $454.8 million through these fees.

In order to comply with the law, the Commission is amending its fee regulations in 10 CFR l . Parts 170 and 171. The final amendments to 10 CFR Part 170 will revise the professional '

hourly rates and " flat' licensing fees to reflect the costs of providing NRC licensing services to applicants and licensees. )

I The final amendments to 10 CFR Part 171 will establish the amount of the FY 1998 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 1998 annual fees will decrease by about 0.1 percent as compared to FY 1997. The slight

decrease in annual fees results primarily from the reduction in the budgeted amount to be recovered through fees for FY 1998 as well as a reduction in the number of licensees paying the annual fees. Those NRC licensees that can qualify as a small entity under the NRC's size standards will continue to be eligible to pay reduced annual fees.

Enclosed is a copy of the final rule which is being transmitted to the Federal Register for publication. The final rule will become effective 60 days after publication.

1 Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs l

l

Enclosure:

Final Revision to 1 10 CFR Parts 170 and 171 i

cc: Representative Ralph M. Hall

____________________-______-_____D

psuau e k UNITED STATES g g NUCLEAR REGULATORY COMMISSION

't WASHINGTON, D.C. 2055&O001 5< g

~ .....

The Honorable Pete V. Domenici, Chairman Subcommittee on Energy and Water Development Committee on Appropriations United States Senate Washington, DC 20510

Dear Mr. Chairman:

The Omnibus 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 1998 by assessing license and annual fees. For FY 1998, the NRC must collect approximately $454.8 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 final amendments to 10 CFR Part 170 will revise the professional hourly rates and " flat

  • licensing fees to reflect the costs of providing NRC licensing services to applicants and licensees.

The final amendments to 10 CFR Part 171 will establish the amount of the FY 1998 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 1998 annual fees will decrease by about 0.1 percent as compared to FY 1997. The slight decrease in annual fees results primarily from the reduction in the budgeted amount to be recovered through fees for FY 1998 as well as a reduction in the number of licensees paying the annual fees. Those NRC licensees that can qualify as a small entity under the NRC's size standards will continue to be eligible to pay reduced annual fces.

Enclosed is a copy of the final rule which is being transmitted to the Federal Register for publication. The final rule will become effective 60 days after publication.

Sincerely, l

j Dennis K. Rathbun, Director Office of Congressional Affairs l

Enclosure:

Final Revision to 10 CFR Parts 170 and 171 cc: Senator Harry Reid

pacteuq y" UNITED STATES S ,g NUCLEAR REGULATORY COMMISSION o WASHINGTON, D.C. 20555-0001 The Honorable John R. Kasich, Chairman Committee on the Budget United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The Omnibus 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 1998 by assessing license and annual fees. For FY 1998, the NRC must collect approximately $454.8 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 final amendments to 10 CFR Part 170 will revise the professional hourly rates and " flat" licensing fees to reflect the costs of providing NRC licensing services to applicants and licensees.

The final amendments to 10 CFR Part 171 will establish the amount of the FY 1998 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 1998 annual fees will decrease by about 0.1 percent as compared to FY 1997. The slight decrease in annual fees results primarily from the reduction in the budgeted amount to be recovered through fees for FY 1998 as well as a reduction in the number of licensees paying the annual fees. Those NRC Ocensees that can qualify as a small entity under the NRC's size standards will continue to be eligible to pay reduced annual fees.

Enclosed is a copy of the final rule which is being transmitted to the Federal Register for publication. The final rule will become effective 60 days after publication.

Sincerely.

Dennis K. Rathbun, Director Office of Congressional Affairs Enclosure. Final Revision to 10 CFR Parts 170 and 171 cc. Representative John M. Spratt, Jr.

I

_ _ _ _ _ _ _ - _ = - _

[gr4 % UNITED STATES g j NUCLEAR REGULATORY COMMISSION go

" '}

'+9 .. . . . ,o The Honorable Pete V. Domenici, Chairman Committee on the Budget United States Senate Washington, DC 20510

Dear Mr. Chairman:

The Omnibus Budget Reconciliation Act of 19S0, 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 1998 by assessing license and annual fees. For FY 1998, the NRC must collect approximately $454.8 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 final amendments to 10 CFR Part 170 will revise the professional hourly rates and " flat" licensing fees to reflect the costs of providing NRC licensing services to l applicants and licensees.

The final amendments to 10 CFR Part 171 will establish the amount of the FY 1998 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 1998 annual fees will decrease by about 0.1 percent as compared to FY 1997. The slight decrease in annual fees results primarily from the reduction in the budgeted amount to be recovered through fees for FY 1998 as well as a reduction in the number of licensees paying the annual fees. Those NRC licensees that can qualify as a small entity under the NRC's size standards will continue to be eligible to pay reduced annual fees.

Enclosed is a copy of the final rule which is being transmitted to the Federal Register for publication. The final rule will become effective 60 days after publication.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs l

Enclosure:

Final Revision to 10 CFR Parts 170 and 171 cc: Senator Frank R. Lautenberg l

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tro y & UNITED STATES g ,j

't NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001

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The Honorable Joseph M. McDade. Chairman Subcommittee on Energy and Water Development Committee on Appropnations United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The Omnibus 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 1998 by assessing license and annual fees. For FY 1998, the NRC must collect approximately $454.8 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 final amendments to 10 CFR Part 170 will revise the professional hourly rates and " flat" licensing fees to reflect the costs of providing NRC licensing services to applicants and licensees.

The final amendments to 10 CFR Part 171 will establish the amount of the FY 1998 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 1998 annual fees will decrease by about 0.1 percent as compared to FY 1997. The slight decrease in annual fees results primarily from the reduction in the budgeted amount to be recovered through fees for FY 1998 as well as a reduction in the number of licensees paying the annual fees. Those NRC licensees that can qualify as a small entity under the NRC's size standards will continue to be eligible to pay reduced annual: fees.

Enclosed is a copy of the final rule which is being transmitted to the Federal Register for publication. The final rule will become effective 60 days after publication.

Sincerely, g  !

esse L. Funches Cnief Financial Officer I

Enclosure:

Final Revision to i 10 CFR Pads 170 and 171 l 1

l cc: Representative Vic Fazio I

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Q DRAFT Y

NRC AMENDS LICENSING, INSPECTION AND ANNUAL FEES The Nuclear Regulatory Commission is amending its licensing inspection and annual fees.

, The amendments implement the requirements of the Omnibus Budget Reconciliation i Act of 1990 which mandates that the NRC recover approximately 100 percent of its budget l authority -- less appropriations from the Nuclear Waste Fund -- in fiscal years 1990 through l 1998 by assessing fees.

The Commission's budget authority for fiscal year 1998 is $472.8 million, of which $15 million has been appropriated from the Nuclear Waste Fund. In addition, $3 million has been appropriated for NRC's activities related to commercial vitrification of waste stored at the Department of Energy's Hanford, Washington, site and the pilot program for the external regulation of the Department of Energy. Funding for these activities is excluded from license

! fee revenues by law. This leaves a budget of $454.8 million which NRC must collect in feel.

! The total amount to be recovered is approximately $7.5 million less than that recovered the previous fiscal year.

i The number of licensees paying annual fees has decreased. The Zion nuclear power station, in Illinois, ceased operating this year, while the Haddam Neck (Connecticut), Maine l Yankee, (Maine), and Big Rock Point (Michigan), plants all ceased operating last year.

As a result of the decrease in both the budget and the number of licensees, the fiscal year 1998 annual fees are about the same as those for fiscal year 1997. Fees for fiscal year 1998 decrease by about 0.1 percent.

The 1998 annual fees are:

-- $2,976,000 for power reactor licensees, from $2,978,000 in fiscal year 1997;

- $57,300 for nonpower (research and test) reactor licensees, from approximately the same amount in fiscal year 1997;

-- $2,604,000 for high-enriched uranium fuel facility licensees, from $2,606,000 in fiscal year 1997;

- $1,278,000 for low-enriched fuel fabrication facility licensees which manufacture fuel for nuclear power plants, from $1,279,000 in fiscal year 1997;

-- $14,000 for radiograpners, from $14,100 in fiscal year 1997.

The amount from fiscal year 1997 remains unchanged for broad scope medical licensee',, who are charged $23,500.

The Commission's amendments include a decrease in hourly inspection and licensing rates, adjustments in rates for license reviews, full cost recovery for resident

- inspectors, and charges for overtime.

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2 The NRC is also planning to examine the current annual fee exemption policy for licensees undergoing decommissioning or holding possession-only licenses. Currently, licensees decommissioning their facilities who store their spent fuelin a spent fuel pool are not assessed an annual fee. But licensees who store spent fuelin an independent spent fuel storage installation, must pay such a fee. The NRC is also examining the distribution between 10 CFR Part 170 licensing and inspection fees and annual fees. Any cnanges to these policies would be included in the fee rule for the next fiscal year.

The final rule will be available in the Federal Register, and published on the Internet at http://ruleforum.llnl. gov l

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Acoroved for Publication By memorandum dated February 18,1997, the Commission delegated to the CFO the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551(4)), subject to the limitations of that memorandum.

The enclosed final rule amends 10 CFR Parts 170 and 171. These amandments are necessary to implement the requirements of Public Law 101-508 to recover 100 percent of the FY 1998 budget authority through license and annual fees.

The final rule is consistent with Commission fee policy decisions, voes not constittte a significant question of policy, nor does it amend regulations contained in 10 CFR Part 7,8 or 9 Subpart C concerning matters of policy. I therefore find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.

.. \

Dat'e / esse L. Funches Chief Financial Officer i

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,' DAILY STAFF NOTES TO THE COMMISSION

',_' OFFICE OF THE CHIEF FINANCIAL OFFICER A

Final Rule Slaned by the CFO On May 22,1998, the Chief Financial Officer approved a final rule that amends 10 CFR Parts CFR 170 and 171. These final amendments to the Commission's fee regulations are necessary to implement the requirements of the Omnibus Budget reconciliation Act of 1990 (OBRA-90), as

! amended, to recover 100 percent of the FY 1998 budget authority through fees.

l

Background

On April 1,1998, the NRC published, for public comment, a proposed rule to recover

! approximately 100 percent of its budget authority for FY 1998. The comment period expired on May 1,1998. The NRC received four comments on the proposed rule. The comments were received from the Nuclear Ensrgy Institute, Florida Power and Light Company, Tennessee Valley Authority, and the United States Enrichment Corporation (USEC).

The power reactor industry commented that: 1) the NRC must justify and explain the relationship between the services provided and the annual fees; 2) the NRC should eliminate from the annua! fee the cost of activities that do not benefit licensees; 3) the NRC should increase the percentage of costs recovered under Part 170; and 4) they support full cost recovery for resident inspectors. USEC requested that it be assessed one annual fee for its gaseous diffusion plants and the fee should be the same as the fee for a low enriched fuel facility. Based on a careful review of these comments, no substantive changes are being  ;

made in this final rule compared to the proposed rule. i Final Rule l The final annual fees for all licensees have decreased slightly, by about 0.1 percent, compared

! to FY 1997. The revised annual fees reflect the reduced amount for fee recovery in FY 1998, a slicht decrease in the amount of the budget recovered from Part 170 fees and other receipts,' a decrease in the number of licensees paying arinual fees; and the adjustment for fees billed in the fiscal year that will not be collected in the fiscal year.

The FY 1998 final fees are compared to those assessed for FY 1997 in the following table:

Range of Annual Fees Class of Licensees FY 1997 FY 1998 Operating Power $2,978,000 $2,976,000 Reactors Fuel Facilities $648,000 to 52.6M $648,000 to $2.6M Independent Spent $283,000 $283,000 Fuel Storage Facilities

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9 Uranium Recovery $22,300 to $61,800 $22,300 to $61,700 cs Facilities ~

Transportation $1,000 to $78,900 $1,000 to $78,800 Approva! Holders Materials Users $490 to $23,500 $490 to $23,500 1

OtherLicensees $57,300 to $421,000 $57,300 to $421,000

{

l Other aspects of the final rule that the Commission should note are:

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l

- The professional hourly rate for the reactor and materials programs will be revised

! based on the number of direct FTEs for FY 1998. The FY 1998 hourly rate for the reactor program is $124 per hour as compared to $131 per hour for FY 1997. The FY l

l 1998 hourly rate for the materials program is $121 per hour as compared to $125 per hour for FY 1997. T he materials " flat' licensing fees also will be revised to reflect the

change in the hourly rate.

- The fees in Part 170 that relate to the export and import of radioactive material will also l l

be revised to reflect the change in the hourly rate. {

- $170.12 will be wended to include full cost recovery for resident inspectors and costs incurred up to approximately 30 days after the issuance of an inspection report.

- A procedural change will be implemented whereby Part 170 fees will be assessed for licensing and inspection activities performed during compensated overtime.

- The NRC wiii continue to assess two fees for licensees that qualify as small entities under the NRC's size standards. In general, licensees with gross annual receipts of

$350,000 to $5 million pay a maximum fee of $1,800. A second or lower tier small entity fee of $400 is in place for small entities with gross annual receipts of less than $350,000 and small govemmental jurisdictions with a population of less than 20,000. No change will be made in the amount of the small entity fees because the small entity fees are not based on the budget but are established at a level to retce the impact of fees on small entities.

This notice informs the Commission that, in accordance with the rulemaking authority delegated to the CFO, the CFO has signed this final rule and proposes to forward !! on June 2,1998, to the Office of the Federal Register for publication unless otherwise directed by the Commission.

i CONTACT: Glenda C. Jackson, OCFO 415 6057

a% g 83'A p $ UNnTED STATES k g  ; NUCLEAR REGULATORY COMMISSION

~ ~ ' ' o, WASHINGTON, D.C. 3068H001

%*****/[ May 22, 1998 MEMORANDUM TO: Chairman Jackson Commissioner Dieus Commissioner Diaz Commissioner McGuffigan FROM: Jesse L. Funches Chief Financial Offi r

SUBJECT:

DAILY STAFF NOTE Final Rule Sioned bv the CFO On May 22,1998, the Chief Financial Officer approved a final rule that amends 10 CFR Parts CFR 170 and 171. These final amendments to the Commission's fee regulations are necessary to implement the requirements of the Omnibus Budget reconciliatica Act of 1990 (OBRA-90), as amended, to recover 100 percent of the FY 1998 budget authority through fees.

Background

On April 1,1998, the NRC published, for public comment, a proposed rule to recover approximately 100 percent of its budget authority for FY 1998. The comment period expired l on May 1,1998. The NRC received four comments on the proposed rule. The comments were received from the Nuclear Energy Institute, Florida Power and Light Company, Tennessee  !

Valley Authority, and the United States Enrichment Corporation (USEC).

The power reactor industry commented that: 1) the NRC mustjusGy and explain the relationship between the services provided and the annual fees; 2) the NRC should eliminate from the annual fee the cost of activities that do not benefit licensees; 3) the NRC should increase the percentage of costs recovered under Part 170; and 4) they support full cost recovery for resident inspectors. USEC requested that it be assessed one annual fee for its gaseous diffusion plants and the fee should be the same as the fee for a low enriched fuel facility. Based on a careful review of these comments, no substantive changes are being made in this final rule comparad to the proposed rule.

Einal Rule The final annual fees for all licensees have decreated slightly, by about 0.1 percent, compared to FY 1997. The revised annual fees reflect the reduced amount for fee recovery in FY 1998, a l slight decrease in the amount of the budget recovered from Part 170 fees and other receipts; a decrease in the number of licensees pay:ng annual fees; and the adjustment for fees billed in the fiscal year that will not be collected in the fiscal year.

CONTACT: Glenda C. Jackson , OCFO 415-6057 i[GECGP0}^

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2 The FY 1998 final fees are compared to those assessed for FY 1997 in the following table:

Ranoe of Annual Fees Class of Licensees FY 1997 FY 1998 i

Operating Power $2,978,000 $2,976,000 Reactors Fuel Facilities $648,000 to $2.6M $648,000 to $2.6M Independent Spent $283,000 $283,000 Fuel Storage Facilities Uraniuin Recovery $22,300 to $61,800 $22,300 to $61,700 Facilities Transportation $1,000 to $78,900 $1,000 to $78,800 Approval Holders Materials Users $490 to $23,500 $490 to $23,500 Other Licensees $57,300 to $421,000 $57,300 to $421,000 l 1

Other aspects of the final rule that the Commission should note are:

- The professional hourly rate for the reactor and materials programs will be revised based on the number of direct FTEs for FY 1998. The FY 1998 hourly rate for the reactor program is $124 per hour as compared to $131 per hour for FY 1997. The FY 1998 hourly rate for the materials program is $121 per hour as compared to $125 per hour for FY 1997. The materials "flet" licensing fees also will be revised to reflect the change in the hourly rate.

- The fees in Part 170 that relate to the export and import of radioactive material will also be revised to reflect the change in the hourly rate.

- $170.12 will be amended to include full cost recovery for resident inspectors and costs incurred up to approximately 30 days after the issuance of an inspection report. ]

- A proceGral change will be implemented whereby Part 170 fees will be assessed for licensing and inspection activities performed during compensated overtime.

1 3

The NRC will continue to assess two fees for licensees that qualify as small entities under the NRC's size standards. In general, licensees with gross annual receipts of

$350,000 to $5 million pay a maximum fee of $1,800. A second or lower tier small entity fee of 5400 is in place for small entities with gross annual receipts of less than $350,000 and small govemmental jurisdictions with a population of less than 20,000. No change will be made in the amount of the small entity fees because the small entity fees are not based on the budget but are established at a level to reduce the impact of fees on small entities.

This notice informs the Commission that, in accordance with the rulemaking authority delegated to the CFO, the CFO has signed this final rule and proposes to forward it on June 2,1998, to the Office of the Federal Register for publication unless otherwise directed by the Commission.

4

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..; [ 3 The NRC will continue to assess two fees for licensees that qualify as small entities under the NRC's size standards. In general, licensees with gross annual receipts of

$350,000 to $5 million pay a maximum fee of $1,800. A second or lower tier small entity fee of $400 is in place for small entities with gross annual receipts of less than $350,000 and small governmental jurisdictions with a population of less than 20,000. No change will be made in the amount of the small entity fees because the small entity fees are not based on the budget but are established at a level to reduce the impact of fees on small entities.

This notice informs the Commission that, in accordance with the rulemaking authority delegated to the CFO, the CFO has sigred this final rule and proposes to forward it on June 2,1998, to the Office of the Federal Register for publication unless otherwise directed by the Commission.

Distribution:

OCFO/DAF LFARB RF OCFO/DAF RF (DAF-8-110)

OCFO/DAF SF (LF-1.14)

OCFO RF OC 90173 SECY 93-34 j Document Name: G3staffnte To receive a copy of this document indicate in the hos "C* without attachment lenckasure "E" = Copv with altachment/ enclosure "N" = No copy.

l OFFICE OCF0/DAFfCFARB C- OCF0/DAF F DCF0 / CF0 h h NAME GJa on/DDa JTurdici PRa cau JLF ches DATE 3 M8 ( /M/98  !/98 6/M98 i 0FFICIAL RECORD COPY l

fbO 0 DAILY STAFF NOTES TO THE COMMISSION 7g OFFICE OF THE CHIEF FINANCIAL OFFICER Final Rula Sioned by the CFO On May 22,1998, the Chief Financial Officer approved a final rule that amends 10 CFR Parts ,

CFR 170 and 171. These final amendments to the Commission's fee regulations are necessary J to implement the requirements of the Omnibus Budget reconciliation Act of 1990 (OBRA-90), as amended, to recover 100 percent of the FY 1998 budget authority through fees. i

Background

{

On April 1,1998, the NRC published, for public comment, a proposed rule to recover approximately 100 percent of its budget authority for FY 1998. The comment period expired on May 1,1998. The NRC received four comments on the proposed rule. The comments

_ were received from the Nuclear Energy institute, Florida Power and Light Company, Tennessee Valley Authority, and the United States Enrichment Corporation (USEC).

The power reactor industry commented that: 1) the NRC must justify and explain the l relationship between the services provided and the annual fees; 2) the NRC should eliminate l from the annual fee the cost of activities that do not benefit licensees; 3) the NRC should increase the percentage of costs recovered under Part 170; and 4) they support full cost recovery for resident inspectors. USEC requested that it be assessed one annual fee for its

( gaseous diffusion plants and the fee should be the same as the fee for a low enriched fuel  ;

l facility. Based on a careful review of these comments, no substantive changes are being made in this final rule compared to the proposed rule.

Final Rule The final annual fees for all licensees have decreased slightly, by about 0.1 percent, compared to FY 1997. The revised annual fees reflect the reduced amount for fee recovery in FY 1998, a slight decrease in the amount of the budget recovered from Part 170 fees and other receipts; a J decrease in the number of licensees paying arinual fees; and the adjustment for fees billed in the fiscal year that will not be collected in the fiscal year, i

The FY 1998 final fees are compared to those assessed for FY 1997 in the following table:

Range of Annual Fees Class of Licensees FY 1997 FY 1998 i

_ Operating Power $2,978,000 $2,976,000 f Reactors  ;

Fuel Facilities $648,000 to $2.6M $648,000 to $2.6M i independent Spent $283,000 $283,000 Fuel Storage Facilities l

i

" ~

Uranium Recovery $22,300 to $01,800 $22,300 to $61,700 Facilities i

l Transportation $1,000 to $78,900 $1,000 to $78,800 Approval Holders Materials Users $490 to $23,500 $490 to $23,500 Other Licensees $57,300 to $421,000 $57,300 to $421,000 Other aspects of the final rule that the Commission should note are:

- The professional hourly rate for the reactor and materials programs will be revised based on the number of direct FTEs for FY 1998. The FY 1998 hourly rate for the reactor program is $124 per hour as compared to $131 per hour for FY 1997. The FY 1998 hourly rate for the materials program is $121 per hour as compared to $125 per hour for FY 1997. The materials " flat" licensing fees also will be revised to reflect the change in the hourly rate.

- The fees in Part 170 that relate to the export and import of radioactive material will also be revised to reflect the change in the hourly rate.

- $170.12 will be amended to include full cost recovery for resident inspectors and costs incurred up to approximately 30 days after the issuance of an inspection report.

- A procedural change will be implemented whereby Part 170 fees will be assessed for licensing and inspection activities performed during compensated overtime.

l The NRC will continue to assess two fees for licensees that qualify as small entities l -

under the NRC's size standards. In geneial, licensees with gross annual receipts of l I

$350,000 to $5 million pay a maximum fee of $1,800. A second or lower tier small entity l fee of $400 is in place for small entities with gross annual receipts of less than $350,000 l

and small governmental jurisdictions with a population of less than 20,000. No change will be ma# in the amount of the small entity fees because the small entity fees are not based on N budget but are established at a level to reduce the impact of fees on small entities.

This notice iriforms the Commission that, in accordance with the rulemaking authority delegated to the CFO, the CFO has signed this final rule and proposes to forward it on June 2,1998, to the Office of the Federal Register for publication unless otherwise directed by the Commission.

CONTACT: Glenda C. Jackson, OCFO 415-6057 l

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