ML18289A774

Denial of Fee Exemption Request for Charges Incurred in Review of a Special Project Related to NEI

ML18289A774
Person / Time
Site:	99902028
Issue date:	12/10/2018
From:	Wylie M E NRC/OCFO
To:	Pollock J E Nuclear Energy Institute
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Shared Package
ML18289A761	List: ML18234A038 ML18289A774
References
Download: ML18289A774 (4)

Text

Code of Federal Regulations

170.5 1 10 CFR 170.2(m) Applying for or has applied for since March 23, 1978, review of an item under the category of special projects in this chapter that the Commission completes or makes whether or not in conjunction with a license application on file or that may be filed.

10 CFR 170.3 Definitions provides that "Special projects means specific services provided by the Commission for which fees are not otherwise specified in this chapter. This includes, but is not limited to, contested hearings on licensing actions directly related to U.S. Government national security initiatives (as determined by the NRC), topical report reviews, early site reviews, waste solidification activities, activities related to the tracking and monitoring of shipment of classified matter, services provided to certify licensee, vendor, or other private industry personnel as instructors for 10 CFR part 55 reactor operators, reviews of financial assurance submittals that do not require a license amendment, reviews of responses to Confirmatory Action Letters, reviews of uranium recovery licensees' land-use survey reports, and reviews of 10 CFR 50.71 final safety analysis reports. Special projects does not include activities otherwise exempt from fees under this part. It also does not include those contested hearings for which a fee exemption is granted in §170.11(a)(2), including those related to individual plant security modifications".

10 CFR 170.12(d) Special project fees provides that (1) All special projects performed by the Commission, unless otherwise exempt from fees or for which fees are otherwise specified in this part, will be assessed fees to recover the full cost of the service provided. Special projects means specific services provided by the Commission, including but not limited to- (i) Topical reports; (ii) Financial assurance submittals that do not require a license amendment; (iii) Responses to Confirmatory Action Letters; (iv) Uranium recovery licensees' land-use survey reports; (v) 10 CFR 50.71 final safety analysis reports; (vi) Contested hearings on licensing actions directly involving U.S Government national security initiatives, as determined by the NRC; and (vii) Responses to Touhy requests t hat require the NRC staff to expend more than 50 hours5.787037e-4 days <br />0.0139 hours <br />8.267196e-5 weeks <br />1.9025e-5 months <br /> of official time. Fees for Touhy requests will be billed at the appropriate hourly rate established in §170.20. (2) The NRC intends to bill each applicant or licensee at quarterly intervals until the special project is completed. Each bill will identify the special project, including any documents submitted for review or the specific contested hearing, and the related costs. The fees are payable upon notification by the Commission.

specific services provided by the Commission for which fees are not otherwise specified specific services provided by the Commission, including but not limited to-" "the NRC intends to bill each applicant or licensee at quarterly intervals until the special project is completed."

/RA/