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GAO-16-804R 1 (2016-07-14)

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G     A            U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-328238


July 14, 2016

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

The Honorable Fred Upton
Chairman
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce
House of Representatives

Subject: Nuclear Regulatory Commission: Revision of Fee Schedules; Fee Recovery for
        Fiscal Year 2016

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 2016 (RIN: 3150-AJ66). We received
the rule on June 29, 2016, but Congress received it on June 22, 2016. It was published
in the Federal Register as a final rule on June 24, 2016. 81 Fed. Reg. 41,171.

The final rule amends the licensing, inspection, special project, and annual fees
charged to its applicants and licensees and, for the first time, NRC is recovering its
costs when it responds to third-party demands for information in litigation where the
United States is not a party (Touhy requests). These amendments are necessary to
implement the Omnibus Budget Reconciliation Act of 1990, as amended (OBRA-90),
which requires NRC to recover approximately 90 percent of its annual budget through
fees. The effective date of the rule is August 23, 2016.

Enclosed is our assessment of NRC's compliance with the procedural steps required by
section 801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of the
procedural steps taken indicates that NRC complied with the applicable requirements.


GAO-16-804R

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