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GAO-08-910R 1 (2008-06-23)

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

          B-316594


          June 23, 2008

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

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

          Subject: Nuclear Regulatory Commission: Revision of Fee Schedules; Fee Recoveiy
                  for FY2008

          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 2008 (RIN: 3150-AI28). We
          received the rule on June 9, 2008. It was published in the Federal Register as a final
          rule on June 6, 2008. 73 Fed. Reg. 32,386.

          The final rule amends the licensing, inspection, and annual fees that NRC charges its
          applicants and licensees. The final rule is necessary to implement the Omnibus
          Budget Reconciliation Act of 1990, as amended, which requires that NRC recover
          approximately 90 percent of its budget authority in each fiscal year, less the amounts
          appropriated from the Nuclear Waste Fund and for the Waste Incidental to
          Reprocessing activities and generic homeland security activities. The amount to be
          recovered for fiscal year 2008 is approximately $779.1 million. After accounting for
          carryover and billing adjustments, the net amount to be recovered is approximately
          $760.7 million.

          Enclosed is our assessment of the 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 indicates that NRC complied with the applicable requirements.


GAO-08-91OR

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