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B-332312 1 (2020-07-01)

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


B-332312


July 1, 2020

The Honorable John Barrasso
Chairman
The Honorable Thomas R. Carper
Ranking Member
Committee on Environment and Public Works
United States Senate

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

Subject: Nuclear Regulatory Commission: Revision of Fee Schedules; Fee Recovery for Fiscal
         Year 2020

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 2020 (RIN: 3150-AK10). We received the rule on
June 19, 2020. It was published in the Federal Register as a final rule on June 19, 2020.
85 Fed. Reg. 37250. It has an effective date of August 18, 2020.

According to NRC, the final rule amends the licensing, inspection, special project, and annual
fees charged to its applicants and licensees. NRC states these amendments are necessary to
implement the Omnibus Budget Reconciliation Act of 1990, Pub. L. No. 101-508, 104 Stat. 1388
(Nov. 5, 1990), as amended, which requires NRC to recover approximately 90 percent of its
annual budget through fees less certain amounts excluded from this fee-recovery requirement.
To mitigate the financial impact and economic disruption caused by the COVID-19 Pandemic,
NRC stated it has suspended billing of annual fees and fees for services for the 90-day period of
April through June 2020, and deferred fees will be billed in July 2020.

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 final rule was published in the Federal Register
on June 19, 2020. 85 Fed. Reg. 37250. The House of Representatives received the rule on
June 24, 2020, but the Congressional Record does not indicate when the Senate received the
rule. 166 Cong. Rec. H2513 (daily ed. June 25, 2020). The agency informed us the final rule
was delivered to the Senate on June 24. Email from NRC to GAO. The final rule has a stated
effective date of August 18, 2020. Therefore, the final rule does not have the required 60-day
delay in its effective date.

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