ML20237A287
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e ?t UNITED STATES
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f ~f NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 %(
"' * . . . . ,o June 11, 1995 i
MEMORANDUM TO: Those on the Atta t i FROM: James Turdici, Direh . -
Division of Accounting nd F nance Office of the Chief Fina Officer
SUBJECT:
NOTICE OF FINAL RULEMAKING -- 100 PERCENT FEE RECOVERY -- FY 1998 On June 10,1998, a final rule establishing the fees necessary to recover approximately 100 percent of the NRC's FY 1998 budget was published in the Federal Register. The effective date for the final rule is August 10,1998.
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. We estimate that approximately S94.6 '
rnillion 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 S6.4 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 I of licensees paying annual fees in FY 1998 has decreased compared to FY 1997. For example, Commonwealth Edison has certified that the Zion Station Units 1 and 2 ceased operations and the fuel has been permanetly removed from the reactor vessels. In addition, both the Haddam Neck Plant and the Maine Yankee Plant ceased operations during FY 1997 and therefore are not subject to the FY 1998 annual fees. This is equivalent to a reduction of 2.3 power reactors subject to the FY 1998 annual fees compared to FY 1997.
As a result of these changes, the final FY 1998 annual fees decreased slightly, by 0.1 percent, compared to the FY 1997 actual (prior to rounding) annut fees. Because this is a slight decrease, the final rounded FY 1998 annual fees for many fee categories are the same as the final FY 1997 annual fees.
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The FY 1997 and FY 1998 annual fees for representative classes of licensees are as follows-FY 1997 FY 1998 Cla.ls of Licensees Annual Fe.g Annual Fee Power Reactors $2,978,000 2.976,000 Nonpower Reactors 57,300 57,300 High Enriched Uranium Fuel 2,606,000 2,604.000 Facility Low Enriched Uranium Fuel 1,279,000 1,278,000 Facility !
UF. Conversion Facility 648,000 648,000 Uranium Mills 61,800 61,700 Tyoical Materials Licenses Radiographer 14,100 14,000 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 will:
l 1. Pad 170 (a) Revise the two professional hourly rates in 9170.20 which will be used to determine the 10 CFR Part 170 fees assessed by the NRC. The hourly rate for the reactor program will be 5124 per hour compared to $131 per hour in FY l 1997, and the hourly rate for the materials program will be 5121 per hour compared to S125 per hour in FY 1997; I
(b) Adjust the @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 170.21 and 170.31 that relate to the export and import of radioactive material to reflect the costs of providing the licensing services; (d) Revise @170.12(g) to include full cost recovery for resident inspectors and to recover costs incurred up to approximately 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 i
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(f) Implement a procedural change whereby fees will be assessed under s 170.21 and
- m. ' 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.
- 2. Eart 171 (a) Adjust all annual fees downward by about 0.1 percent. The 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 taking into consideration the estimated collections from 10 CFR Part 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 dollar amounts and to provide additional information on electronic payments.
In addition to the amendment to Parts 170 and 171, conforming amendments are being made to 10 CFR Parts 2 and 140 to include additional payment options for civil penalties and indemnity fees.
We also announced in the Federal Register notices of the proposed and final rules that NRC plans to reexamine the current annual fee exemption policy for licensees in decommissioning or holding possession only licenses and the annual fee policy for reactors' storage of spent fuel.
Any changes to the current fee policies will be included in the FY 1999 fee rulemaking. One purpose of the study is to assure consistent fee treatment for both wet storage (i e., spcnt fuel pool) and dry storage (i.e., independent spent fuel storage installations, or ISFSis) of s: ent fuel.
The Commission has previously determined that both storage options are considered = afe and acceptable forms of storage for spent fuel. Under current fee regulations, Part 50 licensees in decommissioning who store spent fuel in the spent fuel pool are not assessed an annual fee, but licensees who store spent fuelin an ISFSI under Part 72 are assessed an annual fee. This policy will be reviewed as part of the overall study of the issues related to annual fees for licensees in decommissioning.
As indicated in the proposed rule, we are not 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.llnl. gov /, and copies of the final rule will be mailed upon request.
We recommend that you provide this information to those members of your staff most likely to come in contact with licensees (e.g., project managers, section leaders, and inspectors).
If you or your staff have questions concerning implementation of the final rule, please contact Glenda Jackson on ?01-415-6057.
Distribution: (See attached list) l DOCUMENT NAME. G \9BANNFEE. WD
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0FF ICI AL RE(.ORD COPY l
Addressees - Memorandum Dated June 11 1995_.
Office Directors and Regional Administrators
SUBJECT:
NOTICE OF FINAL RULEMAKING -- 100 PERCENT FEE RECOVERY -- FY 1998 Mail Stoo Richard L. Bangart, Director OSP O-3 H2O William M. Beecher, Director, OPA O-2 A13 H ',ert T. Bell, Director, OlG T-5 D28 Paul E. Bird, Directo , OHR T-3 A2 Guy P. Caputo. Director,01 0-3 F1 John F. Cordes, Director, OCAA O-15 B18 B. Paul Cotter, Jr., Chairman ASLBP T-3 F23 Karen D. Cyr, OGC O-15 B18 Anthony J. Galante, CIO O-16 .C 1 Edward L. Halman, Director, ADM T-7 DS9 John C. Hoyle, SECY O-16 G15 Ashok C. Thadani, DEDO O-16 C1 Thomas S. Kress, Chairman. ACRS T-2 E26 James Lieberman, Director, OE O-7 H5 t Irene P. Little, Director, SBCR T-2 F18 Samuel J. Collins, Director, NRR O-5 E7 Bill M. Morris, Acting Director, RES T-10 F12 Patricia G. Norry, DEDM O-16 E15 Malcom Knapp, Acting Director. NMSS T-8 A23 Paul W. Pomeroy, Chairman. ACNW T-2 E26 Dennis K. Rathbun, Director, OCA O-17 A3 Thomas T. Martin, Director, AEOD T-4 D18 l Carlton R. Stoiber, Director, OIP O-16 C1 Leonard J. Callan, EDO O-16 E15 Hugh L. Thompson, DEDR O-16 E15 Hubert J. Miller, Regional Administrator, Region i RGN-l Luis A. Reyes, Regional Administrator, Region 11 RGN-Il Carl Paperiello, Acting Regional Administrator, Region 111 RGN-ill Ellis W. Merschoff, Regional Administrator, Region IV RGN-IV l
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CS Memorandum dated June 11, 1993
Subject:
NOTICE OF FINAL RULEMAKING -- 100 PERCENT FEE RECOVERY -- FY 1998 Distnbution:
James H. Joyner.111. DRMA, Region i George G. Benoit, DRMA Region ll Martin J. Kerlin, DRMA, Rll!
Kathleen J. Hamill, DRMA, RIV OCFO/LFARB/DAF RF OCFO/LFARB RF (DAF-8-000)
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