ML23104A084

Summary of the Public Meeting on the Fiscal Year 2023 Proposed Fee Rule

ML23104A084
Person / Time
Issue date:	04/14/2023
From:	Rossi A NRC/OCFO/DB
To:	Jason Shay NRC/OCFO/DB
References
Download: ML23104A084 (1)

Text

April 14, 2023 MEMORANDUM TO: Jason Shay, Director Division of Budget Office of the Chief Financial Officer FROM: Anthony Rossi, Team Lead License Fee Policy Team Division of Budget Office of the Chief Financial Officer

SUMMARY

OF THE MARCH 21, 2023, PUBLIC MEETING ON THE FISCAL YEAR 2023 PROPOSED FEE RULE On March 21, 2023, the U.S. Nuclear Regulatory Commission (NRC) held an information meeting with a question and answer session. The purpose of the public meeting was for the NRC staff meet directly with individuals to discuss regulatory and technical issues on the fiscal year (FY) 2023 Proposed Fee Rule. The FY 2023 Proposed Fee Rule was published in the Federal Register on March 3, 2023, for a 30-day comment period ending on April 3, 2023. The NRC staff posted the meeting notice and agenda in the Agengywide Documents Access and Management System (ADAMS) at Accession No. ML23079A134, and the presentation slides are at ML23076A132. Enclosure 1 lists the public meeting attendees, and Enclosure 2 provides the official transcript at the meeting.

The meeting began with a review of the ground rules and an introduction of the NRC staff from the Office of Chief Financial Officer (OCFO), the Office of Nuclear Reactor Regulation (NRR),

and the Office of Nuclear Material Safety and Safeguards (NMSS) who were on the panel. The meeting included a dedicated time to answer questions from members of the public. During the meeting, NRC staff presented key features of the FY 2023 Proposed Fee Rule with a discussion about how fees were related to the budget. NRC staff in NRR discussed the Operating and New Reactors Business Lines, and NRC staff in NMSS discussed the Fuel Facilities and Nuclear Materials Users Business Lines. The presentations by NRR and NMSS staff specifically provided an overview of the major activities that are performed, the assumptions used in the development of the budget (e.g., workload forecasting, estimated level of effort, type of work, and historical resource utilization), and the changing workload drivers that impacted the FY 2023 budget. Additionally, NRC staff provided an overview of the one proposed policy change that was included in the FY 2023 Proposed Fee Rule.

CONTACT: Jo Jacobs, OCFO/DOB 301-415-8388

J. Shay During the designated question and answer portion of the meeting, the questions primarily were focused on the following areas:

1) Fuel Facilities Fee Class: There were questions on the fuel facilities fee class budget increasing and what are the drivers for the increase in the proposed annual fees, which some stakeholders stated is not commensurate with the risk profile of the fuel facilities. In addition, there were questions regarding the 10 CFR Part 170 estimated billings not increasing proportional to the increase in the fuel facilities fee class budget, which then is increasing the proposed annual fees.

2) Budget Formulation and Execution: There were questions on carryover funding, including, but not limited to, Congressional direction to use of authorized carryover funding, the amount of carryover funding available, excluding certain items from fee recovery as excluded activities, and the NRCs ability to use carryover funding to reduce fees in FY 2023. In addition, there were questions about: (1) workload predictions and if the NRC tries to go out five years or even 10 years (Note: The current Congressional Budget Justification for Operating and New Reactors includes tables of applications out to 2028);

(2) how the budget for the Office of Research is developed; and (3) the formulation of the productive hours (i.e., The productive hours are 1,551 in FY 2023).

3) Non-Power Production or Utilization Facilities Fee Class: There was a question on the proposed annual fee increasing primarily as a result of an increase in the 10 CFR Part 171 billing adjustment (moving from a credit to a surcharge) due to the timing of invoices issued, and for an explanation of the difference between a credit and a surcharge and why the adjustment resulted in the proposed increase in the annual fee.

Enclosures:

1. List of Attendees

2. Official Transcript

J. Shay

SUMMARY

OF THE MARCH 21, 2023, PUBLIC MEETING ON THE FISCAL YEAR 2023 PROPOSED FEE RULE, DATED: APRIL 14, 2023 DISTRIBUTION:

PUBLIC OCFO/DOB Resource ADAMS Accession Number: ML23104A082 Package; ML23104A084 Memo OFFICE: OCFO/DOB OCFO/DOB OCFO/DOB JJacobs WBlaney ARossi NAME: (JJacobs for)

DATE: 04/14/2023 04/14/2023 04/14/2023 OFFICIAL RECORD COPY