As VDH and RMP begin the process to change the nuclear license fees, especially for small business users, I have the following comments/observations:

1. The excess fee in 2009 should be retroactively corrected. The RMP should consider providing a refund for entities that have been charged fees above their NRC  level. A refund is preferable to a credit.

2. If the RMP fee schedule is reduced in accordance with the petition, it would be undesirable if new user fees (such as inspection fees) were then implemented. As previously stated, one of the proposed benefits of the RMP was to reduce user costs.

Personal notes on our small nuclear office:

3. The State inspector who visited us in spring 2009 was given a choice of inspecting either us or a larger location that day. She chose us: small, organized, quick.

4. Our small office inspection took only an hour. A second hour was granted by us to share with her information about radioiodine for RMPs use at other inspections.

5. Note that the inspection of a large facility takes a whole team of personnel several days.

6. We were told that our use of both I-123 and I-131 might justify a higher fee. I disagree with that for the following reasons (A) the higher category 7d Medical user fee already factors that in, (B) the NRC did not see it that way, allowing the small business reduced fee, (C) see items 3,4,5 above.

Thank you for allowing us to participate in this process. I look forward to working with VDH and RMP.

                                                                          Harvey V. Lankford MD