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GAO-09-823R 1 (2009-06-29)

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

          B-318341


          June 29, 2009

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

          The Honorable Henry A. Waxman
          Chairman
          The Honorable Joe L. Barton
          Ranking Minority Member
          Committee on Energy and Commerce
          House of Representatives

          Subject: Nuclear Regulatory Commission: Revision of Fee Schedules; Fee Recovely
                  for FY2009

          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 2009 (RIN: 3150-AI52). We
          received the rule on June 15, 2009. It was published in the Federal Register as a final
          rule on June 10, 2009. 74 Fed. Reg. 27,642.

          The final rule amends the licensing, inspection, and annual fees charged to NRC's
          applicants and licensees. The Omnibus Budget Reconciliation Act of 1990 (OBRA-
          90), as amended, requires NRC to recover through fees approximately 90 percent of
          its budget authority in fiscal year (FY) 2009, not including amounts appropriated
          from the Nuclear Waste Fund (NWF), amounts appropriated for Waste Incidental to
          Reprocessing (WIR), and amounts appropriated for generic homeland security
          activities. NRC's total budget for FY 2009 is $1,045.5 million, and the appropriations
          for the non-fee items total $78.1 million. The required fee recovery amount for fiscal
          year 2009 is approximately $870.6 million. After billing adjustments, the total
          amount to be billed as fees is approximately $866.5 million.

          The final rule increases the hourly rates used in assessing full cost fees and flat
          application review fees, increases flat application fees, revises the description of
          certain fee categories to more accurately reflect NRC's regulatory efforts, applies fee
          relief or surcharges to certain fees, reduces the maximum small entity fee, revises


GAO-09-823R

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