ML20216G291

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Notation Vote Approving in Part & Disapproving in Part w/comments,SECY-97-207 Re Strategic Assessment Direction Setting issue:fees/COMSECY-96-065 Re Reimbursable business- Like FTE
ML20216G291
Person / Time
Issue date: 11/20/1997
From: Mcgaffigan E
NRC COMMISSION (OCM)
To: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20216G279 List:
References
SECY-97-207-C, NUDOCS 9804200216
Download: ML20216G291 (2)


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NOT ATION VOTE RESPONSE SHEET TO: John C. Hoyle, Secretary FROM: COMMISSIONER MCGAFFIGAN

SUBJECT:

SECY-97-207 - STRATEGIC ASSESSMENT DIRECTION SETTING ISSUE: FEES (DSI-21)/COMSEC'Y-96-065 REIMBURSABLE BUSINESS-LIKE FTE Approved x Disapproved < Y Abstain Not Participating Request Discussion COMMENTS:

See the attached comments. 1 Q.

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ReleaseVote / K/ " '" 'N /

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DATE Withhold Vote ' /

Entered on "AS" Yes K No I I

e!R4*08EAI McE" c, , ,CORRESPONDE,NCE PDR

Commissioner McGaffican's Comments on SECY-97-207 I approve in part and disapprove in part the staff's proposal to submit a request to 0MB for " business-like" FTE associated with reimbursable work that the NRC expects to perform in FY 1998 and FY 1999.

Since the NRC received an appropriation outside the fee base for the DOE external regulation item (item 2 on page 2), that item no longer meets the definition of reimbursable business-like FTE in FY 1998 and should be deleted, as it already had been in FY 1999.

As I noted when I voted on SECY-97-146, I do not agree with the exclusion of international assistance to the FSU and CEE from the business-like FTE category. I therefore agree with the Chairman (and with the reimbursement i policy already established in the SRM on SECY-97-146) that the staff should immediately seek to revise the reimbursable agreement with AID and Defense Special Weapons Agency (DSWA) to obtain full recovery of NRC costs.!

If the renegotiation effort is successful, the $3.2 million associated with those 18 RTE should be removed from the NRC's FY 1999 request and the 18 FTE ,

should t'e included in the reimbursable business-like FTE category in FY 1999. l If that effort is not successful, the $3.2 million and 18 FTE should be requested as a General Fund appropriation outside the fee base for the {

fairness and equity reasons discussed in my votes on SECY-97-146 and SECY-97-249.

4 i

l note that the FY 1998 core conversion work with DSWA is counted in the staff's paper as involving 2.8 business-like FTE in FY 1998. This j presumes a full-cost recovery agreement with DSWA for that portion of our work l with them under the Cooperative Threat Reduction program.

1 a no f UNITED STATES

. 3 NUCLEAR REGULATORY COMMISSION

$ ,i WASHINGTON.O C. 20555 0001 p December 19, 1997 SECRETARY MEMORANDUM TO: L. Joseph Callan Executive Director for Operations

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Jesse L. Funches [jV Chief i ancial fficer V FROM: Job C! yle, crk

SUBJECT:

S AFF REQUIREMENTS - SECY-97-207 - STRATEGIC ASSESSMENT DIRECTION SETTING ISSUE: FEES (DSI-21)/COMSECY-96-065 REIMBURSABLE BUSINESS-LIKE FTE The Commission has approved the staffs proposal to request " business-like" FTE in addition to and separate from the OMB-authorized ceiling for mission-related activities, subject to the f comments provided below.

Since the NRC received an FY 1998 General Fund appropriation (i.e., outside the fee base) for a pilot program to simulate the extemal regulation of DOE facilities, the 5 business-like FTE associated with extemal regulation of DOE should be deleted from the request for business-like FTE. As a result, the budget request to OMB should be amended to request 8 business-like FTE in FY 1998 and 5 business-like FTE in FY 1999. Because of the FY 1998 General Fund appropriation for extemal regulation of DOE facilities, the staff should also amend its request to OMB to increase NRC's authorized FY 1998 FTE ceiling by a total of 6 i

FTE (i.e., from 2971 FTE to 2977 FTE), taking into account the 1 additional FTE needed for DOE extemal regulation as discussed in Peter Rabideau's October 29,1997 memorandum. l The request to OMB should indicate that the reimbursable FTEs are separate from, and in addition to, the FTEs that the agency has been authorized for mission-related activities. In i

formulating future budgets, the staff should continue to identify FTE associated with reimbursable work as " business-like" FTE. l (SECY Suspense: 12/31/97) l (CFO) l The staff should promptly take appropriate actions to reopen negotiations to obtain reimbursable agreements for full recovery of Nhc costs with the Agency for Intemational Development (AID) and the Defense Special Weapons Agency (DSWA) for the 18 FTE providing nuclear safety assistance to countries of the Former Soviet Union (FSU) and Central and Eastem Europe (CEE). If successful, the salary and benefit costs and 18 FTE associated with assistance to the FSU and CEE countries should be removed from the NRC's SECY NOTE: This SRM, SECY-97-207, and the Commission Voting Record containing the ,

vote sheets of all Commissioners will be made publicly available 5 working I days from the date of this SRM l

9709/7030G

l FY 1999 request and authorized FTE ceiling, and the 18 FTE should be moved into the l reimbursable business-like FTE category for FY 1999. If unsuccessful, the Commission will need to address this matter in future deliberations on NRC's budget and fee legislation. The Commission should be informed of the results of these efforts.

(EDO/CFO) (SECY Suspense: 2/27/98) l cc: Chairman Jackson

! Commissioner Dicus Commissioner Diaz

! Commissioner McGaffigan OGC

! CIO CFO OCA OlG i

Office Directors, Regions, ACRS, ACN'N, ASLBP (via E-Mail) l- PDR DCS I