Fees for advanced nuclear reactor application review

(a)

Definitions

Section 3 of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215 note; Public Law 115–439) is amended— (1)by redesignating paragraphs (2) through (15) as paragraphs (3), (5), (7), (8), (9), (10), (11), (14), (15), (16), (17), (18), (19), and (20), respectively; (2)by inserting after paragraph (1) the following:

(2)

Advanced nuclear reactor applicant

The term advanced nuclear reactor applicant means an entity that has submitted to the Commission an application for a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).

;

(3)by inserting after paragraph (3) (as so redesignated) the following:

(4)

Advanced nuclear reactor preapplicant

The term advanced nuclear reactor preapplicant means an entity that has submitted to the Commission a licensing project plan for the purposes of submitting a future application for a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).

(4)by inserting after paragraph (5) (as so redesignated) the following:

(6)

Agency support

The term agency support has the meaning given the term agency support (corporate support and the IG) in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation).

; and

(5)by inserting after paragraph (11) (as so redesignated) the following:

(12)

Mission-direct program salaries and benefits

The term mission-direct program salaries and benefits has the meaning given such term in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation). (13)

Mission-indirect program support

The term mission-indirect program support has the meaning given such term in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation).

(b)

Excluded activities

Section 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) is amended by adding at the end the following:

(iv)The total costs of mission-indirect program support and agency support that, under paragraph (2)(B)(ii), may not be included in the professional hourly rate charged for fees assessed and collected from advanced nuclear reactor applicants. (v)The total costs of mission-indirect program support and agency support that, under paragraph (2)(C)(ii), may not be included in the professional hourly rate charged for fees assessed and collected from advanced nuclear reactor preapplicants.

(c)

Fees for service or thing of value

Section 102(b) of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215(b)) is amended by striking paragraph (2) and inserting the following:

(2)

Fees for service or thing of value

(A)

In general

In accordance with section 9701 of title 31, United States Code, the Commission shall assess and collect fees from any person who receives a service or thing of value from the Commission to cover the costs to the Commission of providing the service or thing of value. (B)

Advanced nuclear reactor applicants

The professional hourly rate charged for fees assessed and collected from an advanced nuclear reactor applicant under this paragraph relating to the review of a submitted application for an advanced nuclear reactor may not— (i)exceed the professional hourly rate for mission-direct program salaries and benefits of the Nuclear Reactor Safety Program; and (ii)include the costs of mission-indirect program support and agency support. (C)

Advanced nuclear reactor preapplicants

The professional hourly rate charged for fees assessed and collected from an advanced nuclear reactor preapplicant under this paragraph relating to the review of submitted materials as described in the licensing project plan of such advanced nuclear reactor preapplicant may not— (i)exceed the professional hourly rate for mission-direct program salaries and benefits of the Nuclear Reactor Safety Program; and (ii)include the costs of mission-indirect program support and agency support. (D)

Calculation of hourly rate

In this paragraph, the professional hourly rate for mission-direct program salaries and benefits of the Nuclear Reactor Safety Program equals the quotient obtained by dividing— (i)the full-time equivalent rate (within the meaning of the document of the Commission entitled FY 2023 Final Fee Rule Work Papers (or a successor document)) for mission-direct program salaries and benefits of the Nuclear Reactor Safety Program (as determined by the Commission) for a fiscal year; by (ii)the productive hours assumption for that fiscal year, determined in accordance with the formula established in the document referred to in clause (i) (or a successor document).

(d)

Sunset

Section 102 of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215) is amended by adding at the end the following:

(g)

Cessation of effectiveness

Paragraphs (1)(B)(v) and (2)(C) of subsection (b) shall cease to be effective on September 30, 2029.

(e)

Effective date

The amendments made by this section shall take effect on October 1, 2024.