ML21183A068: Difference between revisions

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{{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 28, 2021 Mr. J. Paul Bastian, P.E.
{{#Wiki_filter:}}
Xcell Engineering, LLC 260 Laurel Lane Chubbuck, ID 83202
 
==Dear Mr. Bastian:==
 
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter, which was dated June 14, 2021 (Agencywide Documents Access and Management System Accession No. ML21168A013). In the letter, you suggested that there is an inherent unfairness in the NRCs fee policy for small entities and it would be better if the NRCs fees were based on the number of gauges rather than the gross income of the company.
The Nuclear Energy Innovation and Modernization Act (NEIMA) requires the NRC to recover, to the maximum extent practicable through the assessment and collection of service fees and annual fees, approximately 100 percent of the NRCs total budget authority for the fiscal year minus the budget authority for certain excluded activities. NEIMA requires the NRC to establish an annual fee schedule that fairly and equitably allocates annual fees among licensees and certificate holders. Annual fees are assessed to materials licensees based on the license authorization, not the licensees actual use of licensed material.
The NRC small entity size standards were developed to provide small licensees with a fair and equitable reduction of annual fees based upon the gross revenue for companies providing services such as your company provides. These standards were developed by engaging in dialogue with licensees through surveys, analyzing survey results, publishing proposed rules for public comment, and addressing comments received. The NRC followed Federal requirements and received approval of the NRC small entity size standards from the Small Business Administration (SBA) to apply standards that were specific to the varied industries that make up nuclear materials licensees. Because the number of gauges a licensee possesses does not correspond to the amount of gross revenue earned, small entity size standards based on gross revenue provide a fair and equitable reduction of annual fees for certain small licensees, while being consistent with statutory requirements.
Periodically, NRC reviews its size standards in comparison to SBA and updates them through appropriate rulemaking. The agency is currently in the process of updating its small entity size standards, which are used to qualify an NRC licensee as a small entity for the purpose of reduced annual fees. This process included a recent survey of licensees as an opportunity to participate in that update. A proposed rule was published in the Federal Register (86 Fed. Reg.
39,980 (July 26, 2021)) and provides the public an opportunity to comment on the proposed rule that resulted from this process.
 
J. Bastian                                    Please contact Mr. William Blaney, of my staff at (301) 415-5092 for any fee related questions.
Sincerely, Signed by Johnson,Cherish on 07/28/21 Cherish K. Johnson Chief Financial Officer
 
ML21183A072 (package); ML21168A013 (incoming);
ML21183A068 (Response letter)
OFFICE    OCFO/DOB/LFPT OCFO/DOB/LFPT OCFO/DOC/LAFBB      OGC          OCFO/DOC/LAFBB NAME      WBlaney        JJacobs          JGibbs-Nicholson CMcCann (NLO) MBlair DATE      07/02/2021    07/02/2021      07/08/2021      07/26/2021    07/09/2021 OFFICE    OCFO/DOB/LFPT OCFO/DOB          OCFO/DOB        DCFO          CFO JEShay NAME      ARossi        RAllwein                          BFicks        CKJohnson (RAllwein for)
DATE      07/15/2021    07/27/2021      07/27/2021        07/27/2021  07/28/2021}}

Revision as of 04:50, 8 September 2021

Response Letter to J. Bastian, Xcell Engineering, LLC Regarding the Fee Policy for Small Entities
ML21183A068
Person / Time
Issue date: 07/28/2021
From: Clay Johnson
NRC/OCFO
To: Bastian J
XCELL Engineering
smh
References
Download: ML21183A068 (3)
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