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GAO-12-866R 1 (2012-07-03)

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          GAO
        Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-323620


          July 3, 2012

          The Honorable Barbara Boxer
          Chairman
          The Honorable James M. Inhofe
          Ranking Member
          Committee on Environment and Public Works
          United States Senate

          The Honorable Fred Upton
          Chairman
          The Honorable Henry A. Waxman
          Ranking Member
          Committee on Energy and Commerce
          House of Representatives

          Subject: Nuclear Regulatory Commission: Revision of Fee Schedules; Fee Recovery
                  for Fiscal Year 2012

          Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Nuclear Regulatory Commission (NRC), entitled
          Revision of Fee Schedules; Fee Recovery for Fiscal Year 2012 (RIN: 3150-AJ03).
          We received the rule on June 20, 2012. It was published in the Federal Register as
          a final rule on June 15, 2012. 77 Fed. Reg. 35,809.

          The final rule amends the licensing, inspection, and annual fees NRC charges to its
          applicants and licensees. The Omnibus Budget Reconciliation Act of 1990, as
          amended, requires NRC to recover through fees approximately 90 percent of its
          budget authority in fiscal year 2012, not including amounts appropriated for Waste
          Incidental to Reprocessing, and amounts appropriated for general homeland security
          activities. Based on the appropriations for fiscal year 2012, NRC's required fee
          recovery amount is approximately $1,038.1 million for the year.

          The final rule has an effective date of August 14, 2012. The Congressional Review
          Act (CRA) requires a 60-day delay in the effective date of a major rule from the date
          of publication in the Federal Register or receipt of the rule by Congress, whichever is
          later. 5 U.S.C. § 801(a)(3)(A). The rule was published in the Federal Register on
          June 15, 2012, but we did not receive the rule until June 20, 2012. Therefore, the
          final rule does not have the required 60-day delay in its effective date.


GAO-12-866R

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