ML20125E302

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Discusses 10CFR170 & 171 Final Rule Re 100% Fee Collection for FY92
ML20125E302
Person / Time
Issue date: 07/16/1992
From: Scroggins R
NRC OFFICE OF THE CONTROLLER
To: Goldberg S, Toby W
HEALTH & HUMAN SERVICES, DEPT. OF, PRESIDENT OF U.S. & EXECUTIVE OFFICES
Shared Package
ML20125E155 List:
References
FRN-57FR32691, RULE-PR-170, RULE-PR-171 AE20-2-021, AE20-2-21, NUDOCS 9212160289
Download: ML20125E302 (5)


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Executive Office of the President '

Office of Management and Budget p New Executive Office Building ^t 725 17th Street, NW Washington, D.C. 20503 ATTN: Stephen H. Goldberg

Dear Mr. Goldberg:

Public Law 101508, .the Omnibus Budget Reconciliation Act of 1990, requires that the NRC recover 100 percent.of its budget authority, less the appropriation from the Nuclear Waste Fund, for fiscal years 1991 through 1995 by assessing license and annual fees. For FY 1992, the NRC must collect approximately $492.5 million through these fees as compared to $445 million for FY 1991.

On April 29, 1992, the NRC published a proposed rule in the Federal Reaister relating to 100 percent fee recovery for FY 1992 for public comment. The comment period expired on May 29, 1992. The NRC reviewed a total of 29 comments received through June 22, 1992 and in order to comply with the Public Law, the NRC is amending its fee regulations in 10 CFR Parts 170 and 171.

The final amendments to 10 CFR Part 170, which assess license and inspection fees for specific identifiable services: (1) increase the cost per professional staff-hour for all full cost fees; (2) increase all flat fees for radioisotope programs by seven percent based on the increased hourly rate; (3) refine the categories of fees for export and import licenses; and (4) codify the definition of nonprofit educational institution.

The final amendments to 10 CFR Part 171, which assess annual fees for costs not recovered through 10 CFR Part 170, establish the amount of the FY 1992 annual fees to be assessed to operating reactors, fuel cycle licensees, including fuel fabrication facilities, uranium recovery facilities, transportation certificate holders, and materials licensees. The FY 1992 annual fees are increased as compared to FY 1991. The FY 1992 annual fees are summarized as follows:

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Stephen M. Goldberg Class of licensees Ranoe of Annual Fees Operating power reactors $3,082,000 to $3,138,000 Fuel Facilities $536,250 to $2,325,250 Vranium Recovery Facilities $58,950 to $167,650 TransportationCertificate/

Approval Holders $1,650 to $62,950 Materials Users $580 to $16,550 Other Licensees $55,700 to $336,150 Those NRC licensees that qualify. as a small entity under the NRC's size standards are eligible to pay reduced annual fees. For example, a licensee with gross annual receipts of $250,000 to $3.5 million or a supporting population of 20,000 to 50,000 pay a maximum annual fee of $1,800 per licensed category. Those licensees with gross annual receipts of less than $250,000 or a supporting population of less than 20,000 pay an annual fee of $400 per licensed category.

Enclosed is a copy of the final rule which is being transmitted to the Office of the Federal Register for publication. The final rule becomes effective 30 days from the date of publication.

Sincerely, onald M. Scroggins Deputy Chief Financial Of ficer/ Controller

Enclosure:

Final Revision to 10 CFR Parts 170 and 171 l

e 8 Stephen M. Goldberg - Ib E'  ;

i Class of licensees Ranoe of Annual Fees Operating power reactors $3,082,000 to $3,138,000

Fuel Facilities $536,250 to $2,325,250 Uranium Recovery Facilities $58,950 to $167,650 Transportation Certificate /
Approval Holders 51,650 to $62,950
Materials Users $580 to $16,550

[ Other Licensees $55,700 to $336,150 Those NRC licensees that qualify as a small entity under the NRC's size

- standards are eligible to pay reduced annual fees. For example, a licensee
with gross annual receipts of $250,000 to $3.5 million or a supporting
population of 20,000 to 50,000 pay a maximum annual fee of $1,800 per licensed category. Those licensees with-gross annual receipts of less than $250,000 or i a supporting population of less than 20,000 pay an ' annual-fee of $400 per l licensed category.

Enclosed is a copy of the final rule which is being transmitted to the Office of the Federal Register for publication. The final rule becomes effective 30 days from the date of publication.

Sincerely, Original signed by

, Ronald M. Scroggins Ronald M. Scroggins Deputy Chief Financial l: Officer / Controller

Enclosure:

Final Revision to 10 CFR Parts

170 and 171 L

, DISTRIBUTION: OC R/F, 0C S/F, DRathbun, EDO R/F, JHolloway, JFunches, RScroggins, LHiller, DDandois, GJackson, DWeiss

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Health Care Financin'g Administration ATTN: William Toby JUL 161992 Acting Administrator

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314G-HHH Washington, D.C. 20201 Gentlemen:

Public Lr 101-508, the Omnibus Budget Recorciliation Act of 1990, requires that the NRC recover 100 percent of its budget authority, less appropriations from the Nuclear Waste Fund, for Fiscal years 1991 through 1995 by assessing license and annual fees to licensees. In order to comply with the law, the Commission July 10, 1991,amended its fee regulations in 10 CFR Parts 170 and 171, effective in order to recover the NRC's FY 1991 budget authority.

On April 23, 1992, we informed you of the issuance of the proposed rule

-relating to 100 percent fee recovery for FY 1992. This proposed rule was published in the Federal Reaister on April 29, 1992 for public comment. After careful consideration and evaluation of the comments on the proposed rule, the NRC 1992.

has adopted the enclosed final changes to 10 CFR Parts 170 and 171 for FY The final revised rule and schedules will be published in the Federal Reaister publication. within the next few days and will become effective 30 days after Please n,ta that the license and annual fees are applicable to NRC licensees including those licensees in the medical community. . If you have any questions concerning these final changes to the NRC fee regulations, please call Jim Holloway on 301-492-4301.

Sincerely, Ronald M. Scroggins Deputy Chief Financial Officer / Controller

_ _ _ _ ___ _-_ - - - - - - -- l

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! Health Care Financing Administration

! ATTN: . William Toby '

Acting Administrator j 200 Independence Avenue, SW 314G-HHH L Washington, D.C. 20201 Gentlemen:

Public Law 101-508, the Omnibus-Budget Reconciliation Act of 1990, requires that the NRC recover 100 percent of its budget authority,- less' appropriations from the Nuclear Waste Fund,-for Fiscal years 1991 through 1995 by' assessing

_ license and annual fees to licensees. In order to comply with the law,.the Commission amended its fee regulations in 10 CFR Parts 170 and 171, effective July 10..1991, in order _to: recover the NRC's FY.1991 budget authority.

On April. 23,.1992, we informed you of the issuance-of the proposed rule relating to 100 percent- fee recovery for FY 1992. -This proposed rule was published in the-Federal Reaister on April- 29,_1992 for public comment. After careful' consideration and evaluation of' the comments on the' proposed: rule, the NRC has-adopted--the enclosed final changes to 10 CFR Parts 170 and- 171 for FY 1992. The final revised rule and. schedules will be published in the Federal Reaister within the next _few days and will become effective 30 days after publication.

-Please note that the-license.and annual fees are' applicable to NRC licensees including those licensees in the medical community...-If you have any-questions concerning these final changes ~ to the NRC fee regulations, please call-Jim Holloway-on 301-492-4301.

Sincerely,

-Original signed by; R0ntId M.Scroggms

_ Ronald M. Scroggins .

Deputy Chief _ Financial-

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' +9 . . . . . O JUL 2 21992 MEMORANDUM FOR: Donald H. Lanham, Chief Docketing and Document Control Desk Section

IRM/DCB FROM
C. James'Holloway, Jr., Assistant for
Fee Policy and Rules, OC

SUBJECT:

FEE WORKPAPERS FOR 10 CFR PARTS 170 AND 171

FINAL RULE -- FY 1992 Enclosed are two sets of the workpapers in support of the Final Rule scheduled for publication in the Federal Reaister in the next few days. Please advance one set of the workpapers to the-Public Document Room immediately'and ask the PDR staff to time-stamp them upon receipt and put them on display for immediate perusal. The other set is for. processing through the NUDOCS system.

In this way, the PDR gets an advanced copy and an additional' copy through 2

normal processing,

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Thank you for your assistance in this matter.

N, h s

-c b 5 e C James Ho loway,.Jr.

sistant for Fee Policy and Rules, OC

Enclosures:

As stated

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d MEMORANDUM FOR: Donald H. Lanham, Chief Docketing and Document Control Desk Section IRM/DCB FROM: C.. James Holloway, Jr., Assistant for Fee Policy and Rules, OC 4

SUBJECT:

FEE WORKPAPERS FOR 10 CFR PARTS 170 AND 171 FINAL RULE -- FY 1992 l

3 L Enclosed are two sets of the workpapers in support of the Final Rule scheduled for publication in the Federal Reaister in the next few days. Please_ advance one set of the workpapers-to the Public Document Room immediately and'ask the PDR staff to time-stamp' them upon receipt and put them on display for i immediate perusal. The other set is for processing through-the NUDOCS system.

In this way, the PDR gets an advanced copy and an additional-copy through normal processing.

Thank you for your assistance in:this matter.

- C. James Holloway, Jr.

Assistant for Fee Policy and Rules, OC

Enclosures:

As stated i

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