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GAO-05-783R 1 (2005-06-15)

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T I   IAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-296515


          June 15, 2005

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

          The Honorable Joe Barton
          Chairman
          The Honorable John D. Dingell
          Ranking Minority Member
          Committee on Energy and Commerce
          House of Representatives

          Subject: Nuclear Regulatory Commission: Revision of Fee Schedules; Fee Recoveiy
                  for FY2005

          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 FY 2005 (RIN: 3150-AH61). We
          received the rule on June 1, 2005. It was published in the Federal Register as a final
          rule on May 26, 2005. 70 Fed. Reg. 30526.

          The final rule amends the licensing, inspection, and annual fees charged to NRC's
          applicants and licensees. The final rule is necessary to implement the Omnibus
          Budget Reconciliation Act of 1990, as amended, which requires that the NRC recover
          approximately 90 percent of its budget authority in fiscal year 2005, less the amounts
          appropriated from the Nuclear Waste Fund. The amount to be recovered for FY 2005
          is approximately $540.7 million.

          The final rule has an announced effective date of July 25, 2005. The Congressional
          Review Act 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 received by Congress on June 1, 2005, and
          was published in the Federal Register on May 26, 2005. Therefore, the rule does not
          have the required 60-day delay in its effective date.


GAO-05-783R

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