Category: Budget

National Defense Authorization Act Continues NNSA Program re Voluntary Phasing Out of Cesium Chloride Blood Irradiation Devices

Posted on by MidwestCompact

On August 13, 2018, President Donald J. Trump signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law No. 115-232).  Amongst other things, the law directs the Administrator for Nuclear Security to continue working toward the voluntary phasing out of the use of blood irradiation devices in the United States that rely on cesium chloride by December 31, 2027.

The law authorizes the National Nuclear Security Administration (NNSA) to continue its current program to pay up to 50% of the per-device replacement costs and 100% of the disposition costs.  The law includes specified reporting requirements about the program to Congress.

The relevant text is as follows:

SEC. 3141. ACCELERATION OF REPLACEMENT OF CESIUM BLOOD IRRADIATION SOURCES. 

(a)  Goal.—The Administrator for Nuclear Security shall ensure that the goal of the covered programs is eliminating the use of blood irradiation devices in the United States that rely on cesium chloride by December 31, 2027.

(b)  Implementation.—To meet the goal specified by subsection (a), the Administrator shall carry out the covered programs in a manner that—

(1) is voluntary for owners of blood irradiation devices;

(2) allows for the United States, subject to the review of the Administrator, to pay up to 50 percent of the per-device cost of replacing blood irradiation devices covered by the programs;

(3) allows for the United States to pay up to 100 percent of the cost of removing and disposing of cesium sources retired from service by the programs; and

(4) replaces such devices with x-ray irradiation devices or other devices approved by the Food and Drug Administration that provide significant threat reduction as compared to cesium chloride irradiators.

(c)  Duration.—The Administrator shall carry out the covered programs until December 31, 2027.

(d)  Report.—Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report on the covered programs, including—

(1) identification of each cesium chloride blood irradiation device in the United States, including the number, general location, and user type;

(2) a plan for achieving the goal established by subsection (a);

(3) a methodology for prioritizing replacement of such devices that takes into account irradiator age and prior material security initiatives;

(4) in consultation with the Nuclear Regulatory Commission and the Food and Drug Administration, a strategy identifying any legislative, regulatory, or other measures necessary to constrain the introduction of new cesium chloride blood irradiation devices;

(5) identification of the annual funds required to meet the goal established by subsection (a); and

(6) a description of the disposal path for cesium chloride sources under the covered programs.

(e)  Assessment.—The Administrator shall submit an assessment to the appropriate congressional committees by September 20, 2023, of the results of the actions on the covered programs under this section, including—

(1) the number of replacement irradiators under the covered programs;

(2) the life-cycle costs of the programs, including personnel training, maintenance, and replacement costs for new irradiation devices;

(3) the cost-effectiveness of the covered programs;

(4) an analysis of the effectiveness of the new irradiation devices’ technology; and

(5) a forecast of whether the Administrator will meet the goal established in subsection (a).

(f)  Definitions.—In this section:

(1)  APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Energy and Commerce of the House of Representatives; and

(B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Health, Education, Labor, and Pensions of the Senate.

(2) COVERED PROGRAMS.—The term “covered programs” means the following programs of the Office of Radiological Security of the National Nuclear Security Administration:

(A) The Cesium Irradiator Replacement Program.

(B) The Off-Site Source Recovery Program.

For additional information, please see the following link to the bill: https://www.congress.gov/bill/115th-congress/house-bill/5515/text#toc-HE367D447CEDB4375A344CBBF76D48202

NRC Proposes FY 2018 Budget to Congress

Posted on by MidwestCompact

On May 23, 2017, the U.S. Nuclear Regulatory Commission (NRC) released the agency’s proposed Fiscal Year (FY) 2018 as presented to Congress.  The agency is proposing an FY 2018 budget of $952 million, including the Office of the Inspector General—a request nearly $45 million lower than 2016’s spending levels.  Since the NRC recovers approximately 90 percent of its budget from licensee fees, which are sent directly to the U.S. Treasury, the resulting net appropriation request is $138 million.

Specific details of the budget include the following:

  • Requested funding for 3,284 full-time equivalent (FTE) employees, including the OIG—which represents a reduction of approximately 270 FTE from the FY 2016 level. Reductions in staffing were related to completion of work related to the Fukushima Near-Term Task Force and improved efficiency of agency operations, including reductions in procurement operations, physical and personnel security, and information technology.
  • Requested funding of $466.7 million for nuclear reactor safety, $171.1 million for nuclear materials and waste safety—which includes $30 million to support activities for the proposed Yucca Mountain deep geological repository for spent fuel and other high-level radioactive waste—and $301.4 million for corporate support.
  • Requested funding of $12.1 million for the OIG, an independent office that conducts audits and investigations to ensure the efficiency and integrity of NRC programs, and promote cost-effective management. The OIG’s budget also includes funding to provide auditing and investigation services for the Defense Nuclear Facilities Safety Board.

The budget briefing slides and the Congressional Budget Justification are available on the NRC website.  A limited number of hard copies of the report will be available from opa.resource@nrc.gov.

For additional information, please contact Holly Harrington of the NRC at (301) 415-8200.

NRC Proposes to Amend Annual Fees Regulations

Posted on by MidwestCompact

The U.S. Nuclear Regulatory Commission (NRC) is proposing to changes to its regulations for the licensing, inspection, special project, and annual fees it would charge applicants and licensees for fiscal year (FY) 2016.  The proposed regulations would reduce annual fees for most licensees due to a decrease in the NRC’s budget.

On March 23, 2016, NRC published the proposed rule in the Federal Register.  The proposed rule includes fees required by law to recover approximately 90 percent of the agency’s budget.

For the FY 2016 proposed fee rule, the NRC’s estimated required fee recovery amount (after billing and collection adjustments) is $883.9 million.  Approximately 37 percent of the fees, or $325.8 million, would recover the cost of specific services to identifiable applicants and licensees under 10 CFR Part 170.  The remaining 63 percent, or $558.1 million, would be billed as annual fees under 10 CFR Part 171.

Compared with the FY 2015 annual fees, the FY 2016 proposed fees would decline for operating reactors, fuel facilities, research and test reactors, spent fuel storage/reactor decommissioning licensees, some materials users, and DOE transportation activities.  Fees would increase for most uranium recovery licensees.

The proposed rule includes several possible changes from the current FY 2015 fee rule.  First, the NRC would slightly lower the current hourly rate of staff review time from $268 to $266.  As a result of this change, the NRC would revise application and registration fees.  Second, the NRC would establish a fee structure to recover the agency’s costs in responding to significant requests for information, records, or NRC employee testimony related to lawsuits where the NRC is not a named party, also known as “Touhy requests.”  The proposed rule would assess fees on requests that require over 50 NRC staff hours.

For additional information, please contact Eric Stahl of the NRC at (301) 415-8200.

NRC Proposes FY 2017 Budget to Congress

Posted on by MidwestCompact

The U.S. Nuclear Regulatory Commission (NRC) has proposed a $970.2 million Fiscal Year (FY) 2017 budget to the U.S. Congress to regulate the nation’s nuclear power plants and radioactive materials users. The proposed budget for the Office of the Inspector General is an additional $12.1 million.

As proposed, the FY 2017 budget represents a decrease of nearly $20 million from FY 2016’s spending levels. The decreased budget proposal continues a steady decline in both spending and staffing. The agency’s budget is down eight percent since 2014.

The FY 2017 budget breakout includes $757.4 million for nuclear reactor safety and
$212.8 million for nuclear materials and waste safety and will allow the agency to continue to uphold its important safety and security mission. The budget also includes resources to continue implementation of lessons-learned from the Fukushima nuclear accident, the review of applications for medical isotope productions facilities, and the oversight of four new reactors that are under construction.

Project Aim, the NRC’s transformation effort, will ensure the agency has the right resource levels and workforce staffing to conduct its future work. The goal is to improve the NRC’s effectiveness, efficiency and agility. The FY 2017 budget incorporates some Project Aim recommendations and the Commission is considering a variety of other further potential efficiencies from the effort.

The amount requested for the Inspector General totals $12.1 million. That independent office conducts audits and investigations to ensure the efficiency and integrity of NRC programs, and promote cost-effective management. The OIG’s budget also includes funding to provide auditing and investigation services for the Defense Nuclear Facilities Safety Board.

The budget briefing slides and the Congressional Budget Justification are available on the NRC web site at www.nrc.gov. A limited number of hard copies of the report will be available from opa.resource@nrc.gov.

For additional information, please contact Eric Stahl of the NRC at (301) 415-8200.