ML20244A118
| ML20244A118 | |
| Person / Time | |
|---|---|
| Issue date: | 10/19/2020 |
| From: | Clay Johnson NRC/OCFO |
| To: | Morrey T D.R. Griffin & Associates |
| smh | |
| References | |
| Download: ML20244A118 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 19, 2020 Ms. Trudi K. Morrey, P.E.
Professional Engineer D.R. Griffin & Associates, Inc.
1414 Elk Street, Suite 202 Rock Springs, WY 82901
Dear Ms. Morrey:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your email, which was dated August 20, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20234A441). In the letter, you requested relief of the annual fee on invoice No. LFB-20-3320, Docket No. 03038905, related to the fiscal year (FY) 2020 annual fee.
In your letter, you indicate that you purchased a nuclear density gauge to expand your business and invested in other related equipment and training, but the expenses have prevented this from becoming a financially competitive business in the market available. In addition, you indicate that the COVID-19 pandemic also contributed to your need to let go of this attempt to expand
[your] business. I note that prior to the incoming request, the NRC received your NRC Form 526, Certification of Small Entity Status for the Purposes of Annual Fees Imposed Under 10 CFR Part 171, certifying D.R. Griffin and Associates, Inc. as a small entity under section 1B-Small Business. In addition, a payment associated with invoice No. LFB-20-3320 of $4,500 was received by the NRC.
The NRCs regulations specify when an annual fee may be prorated upon termination of a materials license. This information is set forth in Footnote 1 of 10 CFR 171.16 and 10 CFR 171.17. Footnote 1 of 10 CFR 171.16 provides as follows:
Annual fees will be assessed based on whether a licensee held a valid license with the NRC authorizing possession and use of radioactive material during the current FY. The annual fee is waived for those materials licenses and holders of certificates, registrations, and approvals who either filed for termination of their licenses or approvals or filed for possession only/storage licenses before October 1 of the current FY, and permanently ceased licensed activities entirely before this date. Annual fees for licensees who filed for termination of a license, downgrade of a license, or for a possession-only license during the FY and for new licenses issued during the FY will be prorated in accordance with the provisions of §171.17. . .
Based on the provision above, when you hold a materials license during the current FY, fees are incurred irrespective of whether licensed materials are in use. The proration provision in 10 CFR 171.17(b)(2) provides that the annual fee will be prorated for licenses for which a termination request . . . has been received on or after October 1 of a FY on the basis of when the application for termination . . . is received by the NRC provided the licensee permanently
T. Morrey ceased licensed activities during the specified period. Licenses for which applications for termination . . . are filed during the period October 1 through March 31 of the FY are assessed one-half the annual fee for the applicable category(ies) for that FY. Your termination request was not received by the NRC until June 23, 2020 (ADAMS Accession No. ML20175A864).
Therefore, D.R. Griffin and Associates, Inc. is not eligible for proration under these regulations and is responsible for the full FY 2020 annual fee, which you have already paid in full.
We also considered whether the NRC can grant an exemption that would allow you to pay a reduced annual fee under the provisions in 10 CFR 171.11. However, based on the information provided in your letter, we have determined that you have not met the criteria for the NRC to grant an exemption under 10 CFR 171.11.
Please contact Mr. Billy Blaney of my staff at (301) 415-5092 for any fee-related questions.
Sincerely, Cherish K. Digitally signed by Cherish K. Johnson Johnson Date: 2020.10.19 12:41:13
-04'00' Cherish K. Johnson Chief Financial Officer
ML20244A125 (package); ML20234A441 (incoming);
ML20244A118 (Response letter) *via e-mail OFFICE OCFO/DOB/LFPT OCFO/DOB/LFPT OCFO/DOC/LAFBB OGC
- MLee for NAME WBlaney JJacobs* JGibbs-Nicholson MAlbert*
DATE 08/31/2020 08/31/2020 09/04/2020 10/13/2020 OFFICE OCFO/DOC/LAFBB OCFO/DOB/LFPT OCFO/DOB OCFO/DOB NAME MBlair* ARossi* RAllwein* JEShay*
DATE 10/13/2020 10/15/2020 10/16/2020 10/19/2020 OFFICE DCFO CFO NAME BFicks CKJohnson DATE 10/19/20 10/19/20