[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Rules and Regulations]
[Pages 22331-22362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10051]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and
Regulations
[[Page 22331]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 170 and 171
[NRC-2017-0032; Docket No. PRM-170-7; NRC-2018-0172]
RIN 3150-AJ99
Revision of Fee Schedules; Fee Recovery for Fiscal Year 2019
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending the
licensing, inspection, special project, and annual fees charged to its
applicants and licensees. These amendments are necessary to implement
the Omnibus Budget Reconciliation Act of 1990, as amended (OBRA-90),
which requires the NRC to recover approximately 90 percent of its
annual budget through fees.
DATES: This final rule is effective on July 16, 2019.
ADDRESSES: Please refer to Docket ID NRC-2017-0032 when contacting the
NRC about the availability of information for this action. You may
obtain publicly-available information related to this action by any of
the following methods:
Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0032. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document. For the convenience of the
reader, the ADAMS accession numbers and instructions about obtaining
materials referenced in this document are provided in the
``Availability of Documents'' section of this document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Anthony Rossi, Office of the Chief
Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-7341, email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Statutory Authority
II. Discussion
III. Petition for Rulemaking
IV. Public Comment Analysis
V. Public Comments and NRC Response
VI. Regulatory Flexibility Certification
VII. Regulatory Analysis
VIII. Backfitting and Issue Finality
IX. Plain Writing
X. National Environmental Policy Act
XI. Paperwork Reduction Act
XII. Congressional Review Act
XIII. Voluntary Consensus Standards
XIV. Availability of Guidance
XV. Availability of Documents
I. Statutory Authority
The NRC's fee regulations are primarily governed by two laws: (1)
The Independent Offices Appropriation Act, 1952 (IOAA) (31 U.S.C.
9701), and 2) OBRA-90 (42 U.S.C. 2214). The IOAA generally authorizes
and encourages Federal regulatory agencies to recover--to the fullest
extent possible--costs attributable to services provided to
identifiable recipients. The OBRA-90 requires the NRC to recover
approximately 90 percent of its budget authority for the fiscal year
(FY) through fees; in FY 2019, amounts appropriated for international
activities, generic homeland security activities, advanced reactor
regulatory infrastructure activities, waste incidental to reprocessing,
and Inspector General services for the Defense Nuclear Facilities
Safety Board are excluded from this fee-recovery requirement. The OBRA-
90 requires the NRC to use its IOAA authority first to collect service
fees for NRC work that provides specific benefits to identifiable
applicants and licensees (such as licensing work, inspections, and
special projects). The regulations at part 170 of title 10 of the Code
of Federal Regulations (10 CFR) authorize these fees. But, because the
NRC's fee recovery under the IOAA (10 CFR part 170) does not equal 90
percent of the NRC's budget authority for the fiscal year, the NRC also
assesses ``annual fees'' under 10 CFR part 171 to recover the remaining
amount necessary to meet OBRA-90's fee-recovery requirement. These
annual fees recover costs that are not otherwise collected through 10
CFR part 170.
II. Discussion
FY 2019 Fee Collection--Overview
The NRC is issuing the FY 2019 final fee rule based on Public Law
(Pub. L.) 115-244, ``Energy and Water, Legislative Branch, and Military
Construction and Veterans Affairs Appropriations Act, 2019,'' (Act)
(the enacted budget), in the amount of $911.0 million, a decrease of
$11.0 million from FY 2018. As explained previously, certain portions
of the NRC's total budget are excluded from the NRC's fee-recovery
amount--specifically, these exclusions total to $43.4 million,
consisting of: $16.1 million for international activities, $14.6
million for generic homeland security activities, $10.3 million for
advanced reactor infrastructure, $1.3 million for Waste Incidental to
Reprocessing activities, and $1.1 million for Inspector General
services for the Defense Nuclear Facilities Safety Board. Additionally,
OBRA-90 requires the NRC to recover approximately 90 percent of the
remaining budget authority for the fiscal year--10 percent of the
remaining budget authority is not recovered through fees. The NRC
refers to the activities included in this 10-percent as ``fee-relief''
activities.
After accounting for the OBRA-90 exclusions, the fee-relief
activities, and net billing adjustments (i.e., the sum of unpaid
current year invoices (estimated) minus payments for prior year
invoices), the NRC must bill approximately $782.5 million in fees in FY
2019 to licensees
[[Page 22332]]
and applicants. Of this amount, the NRC estimates that $252.1 million
will be recovered through 10 CFR part 170 user fees; that leaves
approximately $530.5 million to be recovered through 10 CFR part 171
annual fees. Table I summarizes the fee-recovery amounts for the FY
2019 final fee rule using the enacted budget, and taking into account
excluded activities, the fee-relief activities, and net billing
adjustments (individual values may not sum to totals due to rounding).
Please see the work papers (ADAMS Accession No. ML19106A409) for actual
amounts.
The Joint Explanatory Statement associated with the Act includes
direction for the NRC to use $20.0 million in carryover funds. The use
of carryover funds allows the NRC to accomplish the work needed without
additional costs to licensees because, consistent with the requirements
of OBRA-90, fees are calculated based on the budget authority enacted
for the current FY and not carryover funds.
Table I--Budget and Fee Recovery Amounts \1\
[Dollars in millions]
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FY 2018 final FY 2019 final Percentage
rule rule change
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Total Budget Authority.......................................... $922.0 $911.0 -1.2
Less Excluded Fee Items......................................... -43.8 -43.4 -0.9
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Balance..................................................... 878.2 867.6 -1.2
Fee Recovery Percent............................................ 90 90 0.0
Total Amount to be Recovered:................................... 790.4 780.8 -1.2
-----------------------------------------------
Adjustment USAID Rescission \2\............................. -0.1 0.0 100.0
Total Amount to be Recovered Post USAID:........................ 790.3 780.8 -1.2
10 CFR Part 171 Billing Adjustments:
Unpaid Current Year Invoices (estimated).................... 6.5 4.5 -30.8
Less Payments Received in Current Year for Previous Year -7.5 -2.8 -62.7
Invoices (estimated).......................................
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Subtotal................................................ -1.0 1.7 270.0
Amount to be Recovered through 10 CFR Parts 170 and 171 Fees.... 789.3 782.5 -0.9
Less Estimated 10 CFR Part 170 Fees......................... -280.8 -252.1 -10.2
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10 CFR Part 171 Fee Collections Required................ $508.5 $530.5 4.3
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FY 2019 Fee Collection--Professional Hourly Rate
The NRC uses a professional hourly rate to assess fees for specific
services provided by the NRC under 10 CFR part 170. The professional
hourly rate also helps determine flat fees (which are used for the
review of certain types of license applications). This rate would be
applicable to all activities for which fees are assessed under
Sec. Sec. 170.21 and 170.31.
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\1\ For each table, numbers may not add due to rounding.
\2\ The adjustment to the NRC's fee recovery amount associated
with the USAID rescission is shown in Table 1. Because the USAID
rescission amount was approximately $0.1 million in FY 2018, the
proportion of the USAID rescission applicable to each fee class is
not shown in the accompanying tables for each fee class. In FY 2019,
USAID was not included as part of the appropriation.
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The NRC's professional hourly rate is derived by adding budgeted
resources for: (1) Mission-direct program salaries and benefits; (2)
mission-indirect program support; and (3) agency support (corporate
support and the Inspector General), and then subtracting certain
offsetting receipts, and then dividing this total by the mission-direct
full-time equivalents (FTE) converted to hours. The mission-direct FTE
converted to hours is the product of the mission-direct FTE multiplied
by the estimated annual mission-direct FTE productive hours. The only
budgeted resources excluded from the professional hourly rate are those
for mission-direct contract resources, which are generally billed to
licensees separately. The following shows the professional hourly rate
calculation:
[GRAPHIC] [TIFF OMITTED] TR17MY19.000
For FY 2019, the NRC is increasing the professional hourly rate
from $275 to $278. The 1.1 percent increase in the FY 2019 professional
hourly rate is due to the decline in the number of mission-direct FTE
compared to FY 2018. The number of mission-direct FTE declined by 41,
primarily due to the standardization and centralization of mission
support functions within the programmatic offices, and the transition
of Wyoming to status as an Agreement State. The FY 2019 estimate for
annual mission-direct FTE productive hours is 1,510 hours, which is
unchanged from FY 2018. This estimate, also referred to as the
productive hours assumption, reflects the average number of hours that
a mission-direct employee spends on mission-direct work in a given
year. This estimate therefore excludes hours charged to annual leave,
sick leave, holidays, training, and general administration tasks. Table
II shows the professional hourly rate calculation methodology. The FY
2018 amounts are provided for comparison purposes.
[[Page 22333]]
Table II--Professional Hourly Rate Calculation
[Dollars in millions, except as noted]
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FY 2018 final FY 2019 final Percentage
rule rule change
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Mission-Direct Program Salaries & Benefits...................... $325.7 $334.7 2.8
Mission-Indirect Program Support................................ $135.0 $120.6 -10.7
Agency Support (Corporate Support and the IG)................... $308.1 $304.5 -1.2
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Subtotal.................................................... $768.8 $759.8 -1.2
Less Offsetting Receipts \3\.................................... -$0.0 -$0.0 0.0
-----------------------------------------------
Total Budgeted Resources Included in Professional Hourly $768.8 $759.8 -1.2
Rate.......................................................
Mission-Direct FTE (Whole numbers).............................. 1,851 1,810 -2.2
Annual Mission-Direct FTE Productive Hours (Whole numbers)...... 1,510 1,510 0.0
Mission-Direct FTE Converted to Hours (Mission-Direct FTE 2,795,010 2,733,100 -2.2
multiplied by Annual Mission-Direct FTE Productive Hours) (In
Millions)......................................................
Professional Hourly Rate (Total Budgeted Resources Included in $275 $278 1.1
Professional Hourly Rate Divided by Mission-Direct FTE
Converted to Hours) (Whole Numbers)............................
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FY 2019 Fee Collection--Flat Application Fee Changes
The NRC is amending the flat application fees that it charges to
applicants for materials licenses and other regulatory services, and
holders of materials licenses in its schedule of fees in Sec. Sec.
170.21 and 170.31 to reflect the revised professional hourly rate of
$278. The NRC calculates these flat fees by multiplying the average
professional staff hours needed to process the licensing actions by the
professional hourly rate for FY 2019. The NRC analyzes the actual hours
spent performing licensing actions and then estimates the average
professional staff hours that are needed to process licensing actions
as part of its biennial review of fees, which is required by Section
205(a) of the Chief Financial Officers Act of 1990 (31 U.S.C.
902(a)(8)). The NRC performed this review in FY 2019 and will perform
this review again in FY 2021. The biennial review adjustments and the
higher professional hourly rate of $278 are the primary reasons for the
increase in application fees. Please see the work papers for more
detail.
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\3\ The fees collected by the NRC for Freedom of Information Act
(FOIA) services and indemnity fees (financial protection required of
all licensees for public liability claims at 10 CFR part 140) are
subtracted from the budgeted resources amount when calculating the
10 CFR part 170 professional hourly rate, per the guidance in the
Office of Management and Budget (OMB) Circular A-25, User Charges.
The budgeted resources for FOIA activities are allocated under the
product for Information Services within the Corporate Support
business line. The budgeted resources for indemnity activities are
allocated under the Licensing Actions and Research & Test Reactors
products within the Operating Reactors business line.
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The NRC rounds these flat fees in such a way that ensures both
convenience for its stakeholders and that any rounding effects are
minimal. Accordingly, fees under $1,000 are rounded to the nearest $10,
fees between $1,000 and $100,000 are rounded to the nearest $100, and
fees greater than $100,000 are rounded to the nearest $1,000.
The licensing flat fees are applicable for certain materials
licensing actions (see fee categories 1.C. through 1.D., 2.B. through
2.F., 3.A. through 3.S., 4.B. through 5.A., 6.A. through 9.D., 10.B.,
15.A. through 15.L., 15.R., and 16 of Sec. 170.31). Because the
enacted budget excludes international activities from the fee-
recoverable budget, import and export licensing actions, wholly funded
through the international activities product line, (see fee categories
K.1. through K.5. of Sec. 170.21 and fee categories 15.A. through
15.R. of Sec. 170.31) will not be charged flat fees under the final
rule. Applications filed on or after the effective date of the FY 2019
final fee rule will be subject to the revised fees in the final rule.
FY 2019 Fee Collection--Fee-Relief and Low-Level Waste (LLW) Surcharge
As previously noted, OBRA-90 requires the NRC to recover
approximately 90 percent of its annual budget authority for the fiscal
year. The NRC applies the remaining 10 percent that is not recovered to
offset certain budgeted activities--see Table III for a full listing of
these ``fee-relief'' activities. If the amount budgeted for these fee-
relief activities is greater or less than 10 percent of the NRC's
annual budget authority (less the fee-recovery exclusions), then the
NRC applies a fee adjustment (either an increase or decrease) to all
licensees' annual fees, based on their percentage share of the NRC's
budget.
In FY 2019, the amount budgeted for fee-relief activities is more
than the 10 percent threshold. Therefore, the NRC is assessing a fee-
relief surcharge that increases all licensees' annual fees based on
their percentage share of the budget. Table III summarizes the fee-
relief activities budgeted for FY 2019. The FY 2018 amounts are
provided for comparison purposes.
Table III--Fee-Relief Activities
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
FY 2018 FY 2019
budgeted budgeted Percentage
Fee-relief activities resources resources change
final rule final rule
----------------------------------------------------------------------------------------------------------------
1. Activities not attributable to an existing NRC licensee or
class of licensees:
a. Agreement State oversight................................ $13.5 $11.5 -14.5
b. Scholarships and Fellowships............................. 15.0 15.0 0.0
[[Page 22334]]
c. Medical Isotope Production Infrastructure................ 3.9 5.4 38.5
2. Activities not assessed under 10 CFR part 170 service fees or
10 CFR part 171 annual fees based on existing law or Commission
policy:
a. Fee exemption for nonprofit educational institutions..... 8.7 9.1 4.5
b. Costs not recovered from small entities under 10 CFR 6.6 8.0 21.6
171.16(c)..................................................
c. Regulatory support to Agreement States................... 17.4 14.7 -15.4
d. Generic decommissioning/reclamation (not related to the 14.5 12.9 -11.0
power reactor and spent fuel storage fee classes)..........
e. Uranium recovery program and unregistered general 1.5 7.2 380.0
licensees..................................................
f. Potential Department of Defense remediation program 1.2 2.1 78.8
Memorandum of Understanding activities.....................
g. Non-military radium sites................................ 1.7 1.1 -33.5
-----------------------------------------------
Total fee-relief activities............................. 83.9 87.0 3.7
Less 10 percent of the NRC's total FY budget (less the -87.8 -86.8 -1.2
fee recovery exclusions)...............................
-----------------------------------------------
Fee-Relief Adjustment to be Allocated to All $-3.9 $0.3 106.4
Licensees' Annual Fees.............................
----------------------------------------------------------------------------------------------------------------
Table IV shows how the NRC allocates the $0.3 million fee-relief
surcharge to each licensee fee class. Due to the transition of Wyoming
to Agreement State status, the NRC is expanding the existing fee relief
category, ``In situ leach rulemaking and unregistered general
licensees,'' to include additional uranium recovery program budgeted
resources. This ensures the equitability and stability of annual fees
for the uranium recovery fee class by recognizing that the majority of
uranium recovery licensees are now in Agreement States.
In addition to the fee-relief surcharge, the NRC also assesses a
generic LLW surcharge of $3.8 million. Disposal of LLW occurs at
commercially operated LLW disposal facilities that are licensed by
either the NRC or an Agreement State. Four existing LLW disposal
facilities in the United States accept various types of LLW. All are
located in Agreement States and, therefore, are regulated by an
Agreement State, rather than the NRC. The NRC allocates this surcharge
to its licensees based on data available in the U.S. Department of
Energy's (DOE) Manifest Information Management System. This database
contains information on total LLW volumes and NRC usage information
from four generator classes: Academic, industrial, medical, and
utility. The ratio of utility waste volumes to total LLW volumes over a
period of time is used to estimate the portion of this surcharge that
will be allocated to the power reactors, fuel facilities, and materials
fee classes. The materials portion is adjusted to account for the fact
that a large percentage of materials licensees are licensed by the
Agreement States rather than the NRC.
The LLW surcharge amounts have changed since the proposed rule.
After the NRC published the proposed rule for public comment, DOE
updated the Manifest Information Management System with 2019 data. As a
result of the update, the LLW surcharge for operating power reactors
fee class increased from $2.8 million to $3.2 million. For Fuel
Facilities and Material Users, it decreased from $0.8 million to $0.5
million and from $0.2 million to $0.1 million, respectively. Additional
details about these changes to the LLW surcharge resulting from DOE's
update to the Manifest Information Management System can be found in
Section IV of this document.
Table IV shows the LLW surcharge and fee-relief surcharge, and its
allocation across the various fee classes.
Table IV--Allocation of Fee-Relief Adjustment and LLW Surcharge, FY 2019
[Dollars in millions]
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LLW surcharge Fee-relief adjustment Total
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Percent $ Percent $ $
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Operating Power Reactors........ 84.0 3.189 86.7 0.220 3.409
Spent Fuel Storage/Reactor 0.0 0.0 4.7 0.012 0.012
Decommissioning................
Research and Test Reactors...... 0.0 0.0 0.1 0.000 0.000
Fuel Facilities................. 12.7 0.482 4.0 0.010 0.492
Materials Users................. 3.3 0.125 3.8 0.010 0.135
Transportation.................. 0.0 0.0 0.6 0.002 0.002
Rare Earth Facilities........... 0.0 0.0 0.0 0.0 0.0
Uranium Recovery................ 0.0 0.0 0.1 0.0 0.0
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Total....................... 100.0 3.797 100.0 0.254 4.051
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[[Page 22335]]
FY 2019 Fee Collection--Revised Annual Fees
In accordance with SECY-05-0164, ``Annual Fee Calculation Method,''
dated September 15, 2005 (ADAMS Accession No. ML052580332), the NRC
rebaselines its annual fees every year. ``Rebaselining'' entails
analyzing the budget in detail and then allocating the budgeted costs
to various classes or subclasses of licensees. It also includes
updating the number of NRC licensees in its fee calculation
methodology.
The NRC revised its annual fees in Sec. Sec. 171.15 and 171.16 to
recover approximately 90 percent of the NRC's FY 2019 budget authority
(less the fee-recovery exclusions and the estimated amount to be
recovered through 10 CFR part 170 fees). The total estimated 10 CFR
part 170 collections for this final rule are $252.1 million, a decrease
of $28.7 million from the FY 2018 fee rule. The NRC, therefore, must
recover $530.5 million through annual fees from its licensees, which is
an increase of $22.0 million from the FY 2018 final rule.
Table V shows the final rebaselined fees for FY 2019 for a
representative list of license categories. The FY 2018 amounts are
provided by each fee class for comparison purposes.
Table V--Rebaselined Annual Fees
[Actual dollars]
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FY 2018 final FY 2019 final Percentage
Class/category of licenses annual fee annual fee change
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors........................................ $4,333,000 $4,669,000 7.8
+ Spent Fuel Storage/Reactor Decommissioning.................... 198,000 152,000 -23.2
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Total, Combined Fee......................................... 4,531,000 4,821,000 6.4
Spent Fuel Storage/Reactor Decommissioning...................... 198,000 152,000 -23.2
Research and Test Reactors (Non-power Reactors)................. 81,300 82,400 1.4
High Enriched Uranium Fuel Facility............................. 7,346,000 6,675,000 -9.1
Low Enriched Uranium Fuel Facility.............................. 2,661,000 2,262,000 -15.0
UF6 Conversion and Deconversion Facility........................ 1,517,000 1,417,000 -6.6
Basic In Situ Recovery Facilities (Category 2.A.(2)(b))......... 49,200 49,200 0.0
Typical Users:
Radiographers (Category 3O)................................. 25,000 30,200 20.8
Well Loggers (Category 5A)...................................... 14,900 14,600 -2.0
All Other Specific Byproduct Material Licensees (Category 3P)... 8,600 10,000 16.3
Broad Scope Medical (Category 7B)............................... 30,900 31,600 2.3
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The work papers that support this final rule show in detail how the NRC
allocates the budgeted resources for each class of licensees and
calculates the fees. Paragraphs a. through h. of this section describe
budgeted resources allocated to each class of license and the
calculations of the rebaselined fees. For more information about
detailed fee calculations for each class, please consult the work
papers for this final rule.
a. Operating Power Reactors
The NRC will collect $457.6 million in annual fees from the power
reactor fee class in FY 2019, as shown in Table VI. The FY 2018 fees
and percentage change are shown for comparison purposes.
Table VI--Annual Fee Summary Calculations for Operating Power Reactors
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
Percentage
Summary fee calculations FY 2018 final FY 2019 final change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................ $669.9 $670.2 0.0
Less estimated 10 CFR part 170 receipts......................... -239.6 -217.7 -9.1
-----------------------------------------------
Net 10 CFR part 171 resources............................... 430.4 452.5 5.1
Allocated generic transportation................................ 0.3 0.2 -7.7
Fee-relief adjustment/LLW surcharge............................. -0.8 3.4 542.8
Billing adjustment.............................................. -0.9 1.5 273.3
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Total required annual fee recovery.......................... 428.9 457.6 6.7
Total operating reactors.................................... 99 98 -1.0
Annual fee per reactor.......................................... $4.333 $4.669 7.8
----------------------------------------------------------------------------------------------------------------
In comparison to FY 2018, the operating power reactors budgeted
resources increased minimally in FY 2019. But estimated billings under
10 CFR part 170 declined primarily due to decreases in both licensing
actions and inspections resulting from the shutdown of the Oyster Creek
reactor at the end of FY 2018, the planned shutdown of Pilgrim and
Three Mile Island reactors during FY 2019, and the completion of the
APR1400 design certification for Korea Hydro and Nuclear Power Co.,
LTD. These decreases in the estimated billings under 10 CFR part 170
are offset slightly to reflect an increase in risk-informed licensing
reviews.
The recoverable budgeted costs are divided equally among the 98
licensed power reactors, resulting in an annual fee of $4,669,000 per
reactor. Additionally, each licensed power reactor is assessed the FY
2019 spent
[[Page 22336]]
fuel storage/reactor decommissioning annual fee of $152,000 (see Table
VII and the discussion that follows). The combined FY 2019 annual fee
for power reactors is, therefore, $4,821,000.
On May 24, 2016, the NRC amended its licensing, inspection, and
annual fee regulations to establish a variable annual fee structure for
light-water small modular reactors (SMRs). Under the variable annual
fee structure, effective June 23, 2016, an SMR's annual fee would be
calculated as a function of its licensed thermal power rating.
Currently, there are no operating SMRs; therefore, the NRC will not
assess an annual fee in FY 2019 for this type of licensee.
b. Spent Fuel Storage/Reactor Decommissioning
The NRC will collect $18.6 million in annual fees from 10 CFR part
50 power reactors, and from 10 CFR part 72 licensees that do not hold a
10 CFR part 50 license, to collect the budgeted costs for the spent
fuel storage/reactor decommissioning fee class as shown in Table VII.
The FY 2018 values are shown for comparison purposes.
Table VII--Annual Fee Summary Calculations for Spent Fuel Storage/Reactor Decommissioning
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
Percentage
Summary fee calculations FY 2018 final FY 2019 final change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................ $33.8 $35.6 5.3
Less estimated 10 CFR part 170 receipts......................... -10.2 -17.8 75.3
-----------------------------------------------
Net 10 CFR part 171 resources............................... 23.7 17.8 -24.7
Allocated generic transportation costs.......................... 0.7 0.7 -9.2
Fee-relief adjustment........................................... -0.2 0.0 107.0
Billing adjustments............................................. 0.0 0.1 299.2
-----------------------------------------------
Total required annual fee recovery.......................... 24.2 18.6 -23.2
Total spent fuel storage facilities......................... 122 122 0.0
Annual fee per facility......................................... 0.198 0.152 -23.2
----------------------------------------------------------------------------------------------------------------
Compared to FY 2018, the FY 2019 budgeted resources for spent fuel
storage/reactor decommissioning increased due to: (1) An increase in
the number of financial reviews and licensing actions associated with
operating power reactors undergoing decommissioning, (2) the ongoing
licensing reviews for two consolidated interim storage facility license
applications including the development of environmental impact
statements, and (3) the independent spent fuel storage installation
license renewal for Three Mile Island-2, Trojan, and Rancho Seco and
the associated environmental assessments.
The 10 CFR part 170 estimated billings for FY 2019 increased due
to: (1) Resuming licensing work on Interim Storage Partner's
(previously named Waste Control Specialists) consolidated interim
storage facility application, (2) increasing work on Holtec
International's consolidated interim storage facility application, and
(3) an increased workload for reactors in decommissioning.
The annual fee decreased due to rising 10 CFR part 170 estimated
billings. The required annual fee recovery amount is divided equally
among 122 licensees, resulting in a FY 2019 annual fee of $152,000 per
licensee.
c. Fuel Facilities
The NRC will collect $24.5 million in annual fees from the fuel
facilities class. The FY 2018 values are shown for comparison purposes.
Table VIII--Annual Fee Summary Calculations for Fuel Facilities
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
Percentage
Summary fee calculations FY 2018 final FY 2019 final change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................ $35.2 $30.0 -14.8
Less estimated 10 CFR part 170 receipts......................... -9.2 -7.3 -21.5
-----------------------------------------------
Net 10 CFR part 171 resources............................... 26.0 22.7 -12.4
Allocated generic transportation................................ 1.3 1.2 -9.3
Fee-relief adjustment/LLW surcharge............................. 0.5 0.5 -3.4
Billing adjustments............................................. 0.0 0.1 237.0
-----------------------------------------------
Total remaining required annual fee recovery \4\............ 27.7 24.5 -11.7
----------------------------------------------------------------------------------------------------------------
In comparison to FY 2018, the fuel facilities budgeted resources
decreased in FY 2019, primarily due to the anticipated completion of
work associated with the Cyber Security Rulemaking and additional
efficiencies to align resources with a smaller projected workload.
---------------------------------------------------------------------------
\4\ See Table X for percentage change for each fee category.
---------------------------------------------------------------------------
The estimated 10 CFR part 170 billings decreased in FY 2019 as a
result of the expected termination of the CB&I AREVA MOX Fuel
Fabrication facility construction authorization and license application
withdrawal, and the expected completion of Honeywell's license renewal
while plant operations are idle, offset by increased work for
Westinghouse associated with an
[[Page 22337]]
emergency preparedness exercise, its license renewal, and increased
work for conducting the Nuclear Fuel Services force-on-force exercise.
The NRC will continue allocating annual fees to individual fuel
facility licensees based on the effort/fee determination matrix
developed in the FY 1999 final fee rule (64 FR 31447; June 10, 1999).
To briefly recap, the matrix groups licensees within this fee class
into various fee categories. The matrix lists processes conducted at
licensed sites and assigns effort factors for the safety and safeguards
activities associated with each process (these effort levels are
reflected in Table IX). The annual fees are then distributed across the
fee class based on the regulatory effort assigned by the matrix. The
effort factors in the matrix represent non-billable, regulatory effort
(e.g., rulemaking, guidance, etc.). Billable regulatory effort, such as
the number of inspections, is not applicable to the effort factor. In
FY 2019, the safety factor in the effort factors matrix for Uranium
Hexafluoride (UF6)/Metal processes at Uranium Enrichment facilities has
been reduced from 10 (high effort) to 5 (moderate effort) for this
process at enrichment facilities. Enrichment facilities receive natural
uranium as feed material and produce a low enriched uranium (LEU)
product. Enrichment facilities are not authorized to produce high
enriched uranium (HEU). Therefore, enrichment facilities are more like
LEU fuel fabrication facilities than HEU fuel fabrication facilities in
terms of level of impact to non-billable regulatory effort (e.g.,
rulemaking, guidance, etc.) in the area of Solid UF6/Metal process. In
addition, the non-billable effort is more aligned to the moderate
effort for facilities fabricating low enriched fuel than the high
effort for facilities fabricating high enriched fuel. This is because
the regulations and guidance for criticality safety, physical
protection, and material control and accounting are more extensive for
HEU than LEU or natural uranium, and the regulations and guidance for
physical protection and material control and accounting are more
extensive for HEU than LEU or natural uranium.
Table IX--Effort Factors for Fuel Facilities, FY 2019
----------------------------------------------------------------------------------------------------------------
Effort factors
Facility type (fee category) Number of -------------------------------
facilities Safety Safeguards
----------------------------------------------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a))......................... 2 88 91
Low-Enriched Uranium Fuel (1.A.(1)(b)).......................... 3 70 21
Limited Operations (1.A.(2)(a))................................. 0 0 0
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))............ 0 0 0
Hot Cell (and others) (1.A.(2)(c)).............................. 0 0 0
Uranium Enrichment (1.E.)....................................... 1 16 23
UF6 Conversion and Deconversion (2.A.(1))....................... 1 12 7
----------------------------------------------------------------------------------------------------------------
In FY 2019, the total remaining required annual fee recovery amount
of $24.5 million is comprised of safety activities, safeguards
activities, and the fee-relief adjustment/LLW surcharge. For FY 2019,
the total budgeted resources to be recovered as annual fees for safety
activities are $13.6 million. To calculate the annual fee, the NRC
allocates this amount to each fee category based on its percent of the
total regulatory effort for safety activities. Similarly, the NRC
allocates the budgeted resources to be recovered as annual fees for
safeguards activities, $10.4 million, to each fee category based on its
percent of the total regulatory effort for safeguards activities.
Finally, the fuel facilities fee class portion of the fee-relief
adjustment/LLW surcharge--$0.5 million--is allocated to each fee
category based on its percentage of the total regulatory effort for
both safety and safeguards activities. The annual fee per licensee is
then calculated by dividing the total allocated budgeted resources for
the fee category by the number of licensees in that fee category. The
fee for each facility is summarized in Table X.
Table X--Annual Fees for Fuel Facilities
[Actual dollars]
----------------------------------------------------------------------------------------------------------------
FY 2018 final FY 2019 final Percentage
Facility type (fee category) annual fee annual fee change
----------------------------------------------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a))......................... $7,346,000 $6,675,000 -9.1
Low-Enriched Uranium Fuel (1.A.(1)(b)).......................... 2,661,000 2,262,000 -15.0
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))............ N/A N/A N/A
Hot Cell (and others) (1.A.(2)(c)).............................. N/A N/A N/A
Uranium Enrichment (1.E.)....................................... 3,513,000 2,909,000 -17.2
UF6 Conversion and Deconversion (2.A.(1))....................... 1,517,000 1,417,000 -6.6
----------------------------------------------------------------------------------------------------------------
d. Uranium Recovery Facilities
The NRC will collect $0.2 million in annual fees from the uranium
recovery facilities fee class, a decrease of 65.2 percent from FY 2018.
The FY 2018 values are shown for comparison purposes.
[[Page 22338]]
Table XI--Annual Fee Summary Calculations for Uranium Recovery Facilities
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
Percentage
Summary fee calculations FY 2018 final FY 2019 final change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................ $13.5 $1.0 -92.6
Less estimated 10 CFR part 170 receipts......................... -12.9 -0.8 -93.6
-----------------------------------------------
Net 10 CFR part 171 resources............................... 0.6 0.2 -71.0
Allocated generic transportation................................ N/A N/A N/A
Fee-relief adjustment........................................... -0.1 0.0 100.5
Billing adjustments............................................. 0.0 0.0 0.0
-----------------------------------------------
Total required annual fee recovery.......................... $0.5 $0.2 -65.2
----------------------------------------------------------------------------------------------------------------
In comparison to FY 2018, the FY 2019 budgeted resources for
uranium recovery licensees decreased due to the transition of Wyoming
to Agreement State status and subsequent realignment of the Uranium
Mill Tailings Radiation Control Act (UMTRCA) program. In addition,
budgeted resources decreased as a result of expanding the existing fee-
relief category, ``In Situ leach rulemaking and unregistered general
licenses'' to include additional Uranium Recovery activities in order
to ensure equitability and the stability of annual fees.
The NRC regulates DOE's Title I and Title II activities under
UMTRCA \5\ and the annual fee assessed to DOE includes the costs
specifically budgeted for the NRC's UMTRCA Title I and II activities,
as well as 10 percent of the remaining budgeted costs for this fee
class. The DOE's UMTRCA annual fee decreased slightly due to the
budgeted resources reduction and an increase in estimated 10 CFR part
170 billings at various DOE UMTRCA sites. The NRC assesses the
remaining 90 percent of its budgeted costs to the remaining licensee in
this fee class, as described in the work papers. This is reflected in
Table XII as follows:
---------------------------------------------------------------------------
\5\ The Congress established the two programs, Title I and Title
II, under UMTRCA to protect the public and the environment from
uranium milling. The UMTRCA Title I program is for remedial action
at abandoned mill tailings sites where tailings resulted largely
from production of uranium for the weapons program. The NRC also
regulates DOE's UMTRCA Title II program, which is directed toward
uranium mill sites licensed by the NRC or Agreement States in or
after 1978.
Table XII--Costs Recovered Through Annual Fees; Uranium Recovery Fee Class
[Actual dollars]
----------------------------------------------------------------------------------------------------------------
FY 2018 final FY 2019 final Percentage
Summary of costs annual fee annual fee change
----------------------------------------------------------------------------------------------------------------
DOE Annual Fee Amount (UMTRCA Title I and Title II) General
Licenses:
UMTRCA Title I and Title II budgeted costs less 10 CFR part $80,921 $115,888 43.2
170 receipts...............................................
10 percent of generic/other uranium recovery budgeted costs. 47,723 5,431 -88.6
10 percent of uranium recovery fee-relief adjustment........ -6,724 33 100.5
Total Annual Fee Amount for DOE (rounded)............... 122,000 121,000 -0.8
-----------------------------------------------
Annual Fee Amount for Other Uranium Recovery Licenses:
90 percent of generic/other uranium recovery budgeted costs 429,509 48,880 -88.6
less the amounts specifically budgeted for UMTRCA Title I
and Title II activities....................................
90 percent of uranium recovery fee-relief adjustment........ -60,517 294 104.5
-----------------------------------------------
Total Annual Fee Amount for Other Uranium Recovery $368,992 $49,173 -86.7
Licenses...............................................
----------------------------------------------------------------------------------------------------------------
Further, for the non-DOE licensees, the NRC continues to use a
matrix to determine the level of effort associated with conducting the
generic regulatory actions for the different licensees in this fee
class; this is similar to the NRC's approach for fuel facilities,
described previously.
The matrix methodology for uranium recovery licensees first
identifies the licensee categories included within this fee class
(excluding DOE). These categories are: Conventional uranium mills and
heap leach facilities; uranium In Situ Recovery (ISR) and resin ISR
facilities; mill tailings disposal facilities; and uranium water
treatment facilities. The matrix identifies the types of operating
activities that support and benefit these licensees, along with each
activity's relative weight (for more information, see the work papers).
Currently, there is only one remaining non-DOE licensee which is a
Basic In Situ Recovery facility. Table XIII displays the benefit
factors for the non-DOE licensee in that fee category:
[[Page 22339]]
Table XIII--Benefit Factors for Uranium Recovery Licenses
----------------------------------------------------------------------------------------------------------------
Number of Benefit factor Benefit factor
Fee category licensees per licensee Total value percent total
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a)).. 0 0 0 0
Basic In Situ Recovery facilities (2.A.(2)(b)).. 1 190 190 100.0
Expanded In Situ Recovery facilities 0 0 0 0
(2.A.(2)(c))...................................
Section 11e.(2) disposal incidental to existing 0 0 0 0
tailings sites (2.A.(4)).......................
---------------------------------------------------------------
Total....................................... 1 190 190 100.0
----------------------------------------------------------------------------------------------------------------
The annual fee for the remaining non-DOE licensee is calculated by
allocating 100 percent of the budgeted resources, as summarized in
Table XIV.
Table XIV--Annual Fees for Uranium Recovery Licensees
(Other than DOE)
[Actual dollars]
----------------------------------------------------------------------------------------------------------------
FY 2018 final FY 2019 final Percentage
Facility type (fee category) annual fee annual fee change
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a)).................. $38,800 N/A 100.0
Basic In Situ Recovery facilities (2.A.(2)(b)).................. 49,200 49,200 0.0
Expanded In Situ Recovery facilities (2.A.(2)(c))............... 55,700 N/A -100.0
Section 11e.(2) disposal incidental to existing tailings sites 22,000 N/A -100.0
(2.A.(4))......................................................
Uranium water treatment (2.A.(5))............................... 6,500 N/A -100.0
----------------------------------------------------------------------------------------------------------------
e. Research and Test Reactors (Non-Power Reactors)
The NRC will collect $0.329 million in annual fees from the
research and test reactor fee class. The FY 2018 values are shown for
comparison purposes.
Table XV--Annual Fee Summary Calculations For Research and Test Reactors
[Actual dollars]
----------------------------------------------------------------------------------------------------------------
Percentage
Summary fee calculations FY 2018 final FY 2019 final change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................ $2,008,986 $834,280 -58.5
Less estimated 10 CFR part 170 receipts......................... -1,698,000 -538,000 -68.3
Net 10 CFR part 171 resources................................... 310,986 296,280 -4.7
Allocated generic transportation................................ 27,249 30,971 14.7
Fee-relief adjustment........................................... -10,176 284 103.1
Billing adjustments............................................. -2,585 1,901 163.4
-----------------------------------------------
Total required annual fee recovery.......................... 325,317 329,436 1.4
-----------------------------------------------
Total research and test reactors............................ 4 4 0.0
-----------------------------------------------
Total annual fee per reactor................................ $81,300 $82,400 1.4
----------------------------------------------------------------------------------------------------------------
For this fee class, the budgeted resources decreased due to
projected application delays within the medical isotope production
facilities for SHINE Medical Technologies, Inc. and Northwest Medical
Isotopes, LLC. The 10 CFR part 170 estimated billings also decreased
due to projected operating license application delays within the
medical isotope production facilities for SHINE Medical Technologies,
Inc. and Northwest Medical Isotopes, LLC, and due to December 2018
request from Aerotest Operations, Inc. to withdraw the license renewal
application.
The required annual fee-recovery amount is divided equally among
the four research and test reactors subject to annual fees and results
in an FY 2019 annual fee of $82,400 for each licensee.
f. Rare Earth
The NRC has not allocated any budgeted resources to this fee class;
therefore, the NRC is not issuing an annual fee for this fee class in
FY 2019.
g. Materials Users
The NRC will collect $36.4 million in annual fees from materials
users licensed under 10 CFR parts 30, 40, and 70. The FY 2018 values
are shown for comparison purposes.
[[Page 22340]]
Table XVI--Annual Fee Summary Calculations for Materials Users
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
Percentage
Summary fee calculations FY 2018 final FY 2019 final change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources for licensees not regulated by $32.1 $36.0 12.4
Agreement States...............................................
Less estimated 10 CFR part 170 receipts......................... -0.9 -1.1 11.7
-----------------------------------------------
Net 10 CFR part 171 resources............................... 31.1 35.0 12.4
Allocated generic transportation................................ 1.3 1.2 -9.1
Fee-relief adjustment/LLW surcharge............................. 0.0 0.1 237.2
Billing adjustments............................................. 0.0 0.1 314.2
-----------------------------------------------
Total required annual fee recovery.......................... 32.4 36.4 12.1
----------------------------------------------------------------------------------------------------------------
The annual fee for these categories of materials users' licenses is
developed as follows: Annual Fee = Constant x [Application Fee +
(Average Inspection Cost/Inspection Priority)] + Inspection Multiplier
x (Average Inspection Cost/Inspection Priority) + Unique Category
Costs. The total annual fee recovery of $36.4 million for FY 2019 shown
in Table XVI consists of the following: $28.5 million for general
costs, $7.5 million for inspection costs, $0.2 million for unique costs
for medical licenses and $0.1 million for fee relief/LLW costs. To
equitably and fairly allocate the $36.4 million required to be
collected among approximately 2,600 diverse materials users' licensees,
the NRC continues to calculate the annual fees for each fee category
within this class based on the 10 CFR part 170 application fees and
estimated inspection costs for each fee category. Because the
application fees and inspection costs are indicative of the complexity
of the materials license, this approach provides a proxy for allocating
the generic and other regulatory costs to the diverse fee categories.
This fee-calculation method also considers the inspection frequency
(priority), which is indicative of the safety risk and resulting
regulatory costs associated with the categories of licenses.
The NRC is increasing and decreasing annual fees for licensees in
this fee class in FY 2019 due to the results of the biennial review of
fees and the realignment of licensing resources that supports the
materials users fee class, which in previous years, were allocated
primarily to agreement state fee relief activities. In the past, these
resources had been allocated to primarily to agreement state fee-relief
activities; however, upon a holistic review of the materials program,
it was determined that these resources support the materials users fee
class and not agreement state fee-relief activities. The biennial
review of fees analysis examines the actual hours spent in previous
years performing licensing actions and then estimates the average
professional staff hours that are needed to process similar licensing
actions multiplied by the professional hourly rate for FY 2019.
The constant multiplier is established to recover the total general
costs (including allocated generic transportation costs) of $28.5
million. To derive the constant multiplier, the general cost amount is
divided by the product of all fee categories (application fee plus the
inspection fee divided by inspection priority) then multiplied by the
number of licensees. This calculation results in a constant multiplier
of 1.32 for FY 2019. The average inspection cost is the average
inspection hours for each fee category multiplied by the professional
hourly rate of $278. The inspection priority is the interval between
routine inspections, expressed in years. The inspection multiplier is
established in order to recover the $7.5 million in inspection costs.
To derive the inspection multiplier, the inspection costs amount is
divided by the product of all fee categories (inspection fee divided by
inspection priority) then multiplied by the number of licensees. This
calculation results in an inspection multiplier of 1.44 for FY 2019.
The unique category costs are any special costs that the NRC has
budgeted for a specific category of licenses. For FY 2019, unique
category costs include approximately $0.2 million in budgeted costs for
the implementation of revised 10 CFR part 35, ``Medical Use of
Byproduct Material,'' which has been allocated to holders of NRC human-
use licenses. Please see the work papers for more detail about this
classification.
The annual fee assessed to each licensee also includes a share of
the approximately $0.010 million fee-relief surcharge assessment
allocated to the materials users fee class (see Table IV, ``Allocation
of Fee-Relief Adjustment and LLW Surcharge, FY 2019,'' in Section IV,
``Discussion,'' of this document), and for certain categories of these
licensees, a share of the approximately $0.125 million LLW surcharge
costs allocated to the fee class. The annual fee for each fee category
is shown in the revision to Sec. 171.16(d).
h. Transportation
The NRC will collect $1.0 million in annual fees to recover generic
transportation budgeted resources. The FY 2018 values are shown for
comparison purposes.
Table XVII--Annual Fee Summary Calculations for Transportation
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
Percentage
Summary fee calculations FY 2018 final FY 2019 final change
----------------------------------------------------------------------------------------------------------------
Total Budgeted Resources........................................ $7.9 $8.0 2.1
Less Estimated 10 CFR part 170 Receipts......................... -3.1 -3.7 18.4
-----------------------------------------------
Net 10 CFR part 171 Resources............................... 4.7 4.3 -9.0
Less Generic Transportation Resources........................... -3.6 -3.3 -9.0
Fee-relief adjustment/LLW surcharge............................. 0.0 0.0 0.0
[[Page 22341]]
Billing adjustments............................................. 0.0 0.0 0.0
-----------------------------------------------
Total required annual fee recovery.......................... 1.1 1.0 -5.3
----------------------------------------------------------------------------------------------------------------
In comparison to FY 2018, the total budgeted resources for FY 2019
for generic transportation activities increased slightly for IT
infrastructure activities. The increase in budgetary resources was
offset by an increase in estimated 10 CFR part 170 billings primarily
due to an increase in casework for Daher Nuclear Technologies and
Holtec International.
Consistent with the policy established in the NRC's FY 2006 final
fee rule (71 FR 30721; May 30, 2006), the NRC recovers generic
transportation costs unrelated to DOE by including those costs in the
annual fees for licensee fee classes. The NRC continues to assess a
separate annual fee under Sec. 171.16, fee category 18.A. for DOE
transportation activities. The amount of the allocated generic
resources is calculated by multiplying the percentage of total
Certificates of Compliance (CoCs) used by each fee class (and DOE) by
the total generic transportation resources to be recovered.
This resource distribution to the licensee fee classes and DOE is
shown in Table XVIII. Note that for the research and test reactors fee
class, the NRC allocates the distribution to only those licensees that
are subject to annual fees. Although four CoCs benefit the entire
research and test reactor class, only 4 out of 31 research and test
reactors are subject to annual fees. Consequently, the number of CoCs
used to determine the proportion of generic transportation resources
allocated to research and test reactors annual fees has been adjusted
to 0.7 so the research and test reactors subject to annual fees are
charged a fair and equitable portion of the total. For more
information, see the work papers.
Table XVIII--Distribution of Transportation Resources, FY 2018
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
Number of
CoCs Allocated
Licensee fee class/DOE benefiting Percentage of generic
fee Class or total CoCs transportation
DOE resources
----------------------------------------------------------------------------------------------------------------
Materials Users................................................. 25.0 27.9 $1.2
Operating Power Reactors........................................ 5.0 5.6 0.2
Spent Fuel Storage/Reactor Decommissioning...................... 14.0 15.6 0.7
Research and Test Reactors...................................... 0.7 0.7 0.0
Fuel Facilities................................................. 24.0 26.8 1.2
-----------------------------------------------
Sub-Total of Generic Transportation Resources................... 68.7 76.6 3.3
DOE............................................................. 21.0 23.4 1.0
-----------------------------------------------
Total....................................................... 89.7 100.0 $4.3
----------------------------------------------------------------------------------------------------------------
The NRC assesses an annual fee to DOE based on the 10 CFR part 71
CoCs it holds. The NRC, therefore, does not allocate these DOE-related
resources to other licensees' annual fees because these resources
specifically support DOE.
FY 2019--Policy Changes
The NRC is making two policy changes for FY 2019:
Changes to Small Materials Users Fee Categories for Locations of Use
The NRC is adding one new fee subcategory under Sec. 170.31,
``Schedule of fees for materials licenses and other regulatory
services, including inspections, and import and export licenses,'' and
Sec. 171.16, ``Annual fees: materials licensees, holders of
certificates of compliance, holders of sealed source and device
registrations, holders of quality assurance program approvals, and
government agencies licensed by the NRC.'' Generally speaking, Sec.
170.31 assigns the same fee to each licensee in the fee category,
regardless of the amount of locations that the licensee is authorized
to use. Yet for some of these fee categories, the NRC determined that
it spends a disproportionate amount of time on licensees with six or
more locations compared to licensees in the same fee category with
fewer than six locations. Previously--in the FY 2015 final fee rule (80
FR 37432; June 30, 2015)--the NRC therefore added three fee
subcategories under one fee category, 3.L. (research and development
broad scope). And in the FY 2018 final fee rule (83 FR 29622; June 25,
2018), the NRC added 14 fee subcategories under, 3.A., 3.B., 3.C.,
3.O., 3.P., 7.A. and 7.B. for licenses with six or more locations of
use. For the FY 2019 fee rule, the NRC determined that there is one
more category of licenses that is affected. Accordingly, the NRC is
adding subcategories to this fee category:
Medical licenses under fee category 7.C.
To more accurately reflect the cost of services provided by the
NRC, this change results in this fee category having subcategories for
1-5, 6-20, and more than 20 locations of use. Program codes have also
been added to the new subcategories in this final rule.
Eliminate a Fee Category
In response to comments received on the FY 2018 proposed fee rule,
and PRM-170-7, the NRC is eliminating a fee category under Sec. Sec.
170.31 and 171.16. The fee category is 2.A.(5)--Licenses that authorize
the possession of source
[[Page 22342]]
material related to removal of contaminants (source material) from
drinking water.
Under current NRC regulations, an entity that removes uranium from
drinking water at community water systems is viewed as a ``2.A.(5) fee
category'' licensee for fee purposes.
Although the licensee recovers sufficient quantities of uranium to
require an NRC license (or a license from an Agreement State), its
licensed material is not sold for profit; rather, the licensed material
is a waste product from its water treatment process. These types of
``uranium recovery'' licensees are therefore distinguishable from those
licensees that profit from concentrating uranium as source material.
The NRC believes that full cost recovery is not warranted for licensees
that do not profit from concentrating uranium. Therefore, the NRC is
eliminating this fee category from Sec. Sec. 170.31 and 171.16 and
reclassifying current and future licensees under this category to
2.F.--All other source material licenses.
FY 2019--Administrative Changes
The NRC is making one administrative change and a technical
correction in this final rule:
Change Small Entity Fees
As stated in SECY-08-0174, ``Fiscal Year 2009 Proposed Fee Rule and
Advance Rulemaking for Grid-Appropriate Reactor Fees,'' dated November
7, 2008 (ADAMS Accession No. ML083120518), the NRC determined that the
maximum small entity fee should be adjusted each biennial year using a
fixed percentage of 39 percent applied to the prior 2-year weighted
average of materials users' fees for all fee categories which have
small entity licensees. The 39 percent was based on the small entity
annual fee for 2005, which was the first year the NRC was required to
recover only 90 percent of its budget authority. This methodology
remains in place; however, the NRC does also consider whether or not
implementing an increase will have a disproportionate impact on the
NRC's small licensees when compared to other licensees. Therefore, the
increase for the upper and lower tier fees were capped at a 21 percent
increase.
In accordance with NRC policy, in FY 2019 the NRC conducted a
biennial review of small entity fees to determine whether the NRC
should change those fees. The NRC used the fee methodology, developed
in FY 2009, which applies a fixed percentage of 39 percent to the prior
2-year weighted average of materials users' fees when performing its
biennial review. Based on this methodology, the NRC determined the new
small entity fees for FY 2019 would be $4,500 for upper-tier small
entities and $900 for lower-tier small entities. As a result of the
NRC's FY 2019 biennial review using the same methodology, the NRC is
increasing the upper tier small entity fee from $4,100 to $4,500 and
increasing the lower-tier fee from $850 to $900. This would constitute
a 13-percent and 6-percent increase, respectively. The NRC believes
these fees are reasonable and provide relief to small entities while at
the same time recovering from those licensees some of the NRC's costs
for activities that benefit them.
Technical Correction
The NRC is making a technical correction to two cross-references in
10 CFR part 171.15(a) and (f). Currently, 10 CFR 171.15(a) and (f)
reference 10 CFR 171.11(a). Both 10 CFR part 171.15(a) and (f) should
reference 10 CFR part 171.11(b) instead of Sec. 171.11(a).
Update to the Fees Transformation Initiative
As an informational update, the Staff Requirements Memorandum,
dated October 19, 2016, (ADAMS Accession No. ML16293A902) for SECY-16-
0097, ``Fee Setting Improvements and Fiscal Year 2017 Proposed Fee
Rule,'' (ADAMS Accession No. ML16194A365) directed staff to explore, as
a voluntary pilot, whether a flat fee structure could be established
for routine licensing matters in the area of uranium recovery, and to
accelerate the fees setting process improvements including the
transition to an electronic billing system. With respect to the
voluntary flat fees pilot, the NRC staff has developed a project plan
and is on target to complete this activity. With respect to the fees
setting process improvements, all seven of the activities scheduled for
FY 2018, and an additional 10 scheduled for FY 2019, were completed by
the end of FY 2018. These improvements included discontinuing the
Project Manager/Resident Inspector 6 percent overhead charge, enhancing
the information included on the 10 CFR part 170 invoices, improving the
fee rule work papers, and enhancing the financial management systems.
In FY 2019, two additional activities have been evaluated and completed
for the project manager to provide details of contract costs listed on
the invoice, on request, and one site per license.
For the remaining process changes recommended for future
consideration, the NRC is well-positioned to complete them on schedule.
For more information, please see the fees transformation
accomplishments schedule, located on our license fees website at:
https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformation-accomplishments.html.
III. Petition for Rulemaking (PRM-170-7; NRC-2018-0172)
The NRC welcomed general comments on the proposed rule; in
addition, the NRC requested public comment on the issues raised in a
petition for rulemaking (ADAMS Accession No. ML18214A757), dated July
3, 2018, which was submitted to the NRC by Christopher S. Pugsley, Esq.
(the petitioner), on behalf of Water Remediation Technology (WRT), LLC.
The petitioner requested that the NRC amend its regulations regarding
full cost recovery of licensee fees. The petition was docketed by the
NRC on August 2, 2018, and was assigned Docket No. PRM-170-7. The NRC
published a notice of docketing in the Federal Register on November 2,
2018 (83 FR 55113), but did not request public comment at that time.
The petitioner requested that the NRC amend its regulations to re-
categorize WRT as a licensee that does not require full-cost recovery
for fees billed to it during the life of its license under 10 CFR part
170. The petitioner also requested that the NRC address consistency
issues between 10 CFR parts 170 and 171 for small entities and consider
amending language under Sec. 170.11 to extend the time within which a
licensee may appeal the assessment of fees and apply for a fee
exemption. The petitioner asked the NRC to consider these rule changes
within the context of its rulemaking to amend 10 CFR parts 170 and 171
to collect FY 2019 fees. The NRC received one comment on the petition
from the petitioner regarding the NRC's consideration of the petition.
The NRC will publish a subsequent notice in the Federal Register to
resolve all of the issues raised by the petitioner. See the FY 2019
Policy Change section of this document for additional information
regarding the elimination of fee category 2.A.5.
IV. Public Comment Analysis
Overview of Public Comments
The NRC received 14 written comment submissions on the proposed
rule. A comment submission for the purpose of this rule is defined as a
written communication or document submitted to the NRC by an individual
or entity, with one or more distinct comments addressing a subject or
an issue. A comment, on the other hand,
[[Page 22343]]
refers to a statement made in the submission addressing a subject or
issue. In general, the commenters were supportive of the specific
proposed regulatory changes, although most commenters expressed
concerns about broader fee-policy issues related to transparency,
fairness, and overall size of the budget.
The commenters are listed in Table XIX.
Table XIX--FY 2019 Proposed Fee Rule Commenter Submissions
------------------------------------------------------------------------
Commenter Affiliation ADAMS accession No.
------------------------------------------------------------------------
Anonymous................... Unknown............. ML19036A910
Douglas Weaver.............. Westinghouse ML19056A578
Electric Company
(WEC).
Roger Wink.................. Ameren Missouri/ ML19056A577
Callaway Plant
(Ameren).
Doug True................... Nuclear Energy ML19059A252
Institute (NEI).
Bradley Fewell.............. Exelon Generation ML19059A253
Company, LLC
(Exelon).
Paul Kerl................... U.S. Department of ML19063B521
Energy (DOE).
Justin Wheat................ Southern Nuclear ML19063B584
Operating Company
(SNC).
David Ward.................. BWXT Nuclear ML19063B584
Operations Group,
Inc. (BWXT).
Robin Ritzman............... FirstEnergy Nuclear ML19063B739
Operating Company
(FENOC).
Stephen Cowne............... Louisiana Energy ML19064B074
Services, LLC, dba
URENCO USA (URENCO).
Michael Dimitriou........... Water Remediation ML19064B346
Technology LLC
(WRT).
Anonymous................... Unknown............. ML19064B309
Matthew Ostdiek............. Rendezvous ML19070A318
Engineering, P.C.
(RE).
Richard J. Freudenberger.... Nuclear Fuel ML19071A010
Services Inc. (NFS).
------------------------------------------------------------------------
Information about obtaining the complete text of the comment
submissions is available in Section XIV, ``Availability of Documents,''
of this document.
V. Public Comments and NRC Responses
The NRC has carefully considered the public comments received on
the proposed rule. The comments have been organized by topic. Comments
from multiple commenters raising similar specific concerns were
combined to capture the common essential issues raised by the
commenters. Comments from a single commenter have been quoted to ensure
accuracy; brackets within those comments are used show changes that
have been made to the quoted comments. The NRC responses are preceded
by a short summary of the issues raised by the commenters.
A. Public Participation in Budget Formulation
Comment: The Congressional Budget Justification (CBJ) for FY 2019
provides only high-level information, and its description of activities
intended to justify the budget request provides little information upon
which a determination of sufficiency can be formed. In addition, the
NRC should transform its process to support budget formulation
discussions with industry directly during the development of the NRC
budget justification since public meetings and discussions thus far
have been reactive in nature, and to more accurately determine a
necessary reactor fee partition. (NEI, Exelon)
Response: Two commenters expressed a desire for industry to be
involved with the NRC directly during the development of the NRC's
budget to better determine the sufficiency of the budget and to
accurately determine the necessary reactor fee. The NRC disagrees with
these comments. Because NRC is an independent safety regulator it would
not be appropriate for stakeholders to be involved in the NRC's budget
formulation. In addition, the U.S. Office of Management and Budget
(OMB) establishes the Executive Branch budget process through OMB
Circular No. A-11, ``Preparation, Submission, and Execution of the
Budget.'' Section 22.1 of OMB Circular No. A-11 requires that pre-
decisional budget deliberations remain confidential until the release
of the President's Budget Request to Congress (the CBJ). However, the
NRC seeks information on projected workload through public meetings and
other forms of public outreach with licensees to better inform budget
formulation workload assumptions.
No changes were made to the final rule as a result of these
comments.
B. Budget Formulation
Comment: The cost of a corporate support FTE has increased by 20
percent over the past 2 years. This increase is significantly more than
the rise in cost of other FTEs listed in the Work Papers. Provide an
explanation for the increase in cost in the FY 2019 final fee rule or
work papers. In addition, provide additional budget information to
support the absence of more significant reductions in the corporate
support budget and identify the actions being taken to reduce this
business line, especially as the number of operating reactors is
decreasing. (WEC, NEI)
Response: Regarding the two commenters assertion that the cost of a
corporate support FTE has increased, the NRC agrees that the cost has
risen because of adjusting the budgeted rate to closely align with the
actual cost. As in other Federal agencies, the NRC's workforce is
aging, and the associated benefit costs have increased accordingly,
primarily with healthcare and pension benefits.
Regarding the assertion that the NRC should reduce its budget
commensurate with the reduction in the number of operating reactors,
the NRC agrees, but that reduction is not linearly proportional as
there is a cost for the infrastructure that must be maintained
independent of the number of operating facilities (e.g., operating
reactors and fuel facilities). These infrastructure costs include
indirect services and the business line portion of corporate support.
Indirect services include rulemaking, maintaining guidance for
licensees, maintaining procedures for NRC staff, training, and travel.
Corporate support includes, for example, the cost for information
management, information technology, security, facilities management,
rent, utilities, financial management, acquisitions, human resources,
and policy support.
The NRC continues to examine and pursue improvements to its
processes and increases in efficiency that will allow it to meet its
statutory responsibilities as the industry changes. The NRC continues
to develop methods that would allow for more rapid adaptation to future
needs and the size of the licensed community. The FY 2019 resources for
agency support
[[Page 22344]]
reflect reductions in the corporate support portion of the budget.
Going forward, the Nuclear Energy and Innovation Modernization Act
(NEIMA) requires NRC to cap corporate support at 30 percent beginning
in FY 2021 in the annual CBJ and to decrease to 28 percent in FY 2025
and beyond.
No change was made to the final rule in response to this comment.
Comment: ``Though Generic Homeland Security is excluded from the
fee base, provide clarification on the basis for the Generic Homeland
Security Product Line under the Operating Reactors and Fuel Facilities
Business Lines and explain what activities are included.'' (NEI)
Response: One commenter requested information regarding generic
homeland security activities. Generic homeland security includes
activities that the NRC must conduct that do not apply to a specific
facility. Within the operating reactors business line, these activities
include intergovernmental coordination and integrated event response
planning activities. Regarding fuel facilities, some licensed fuel
facilities possess special nuclear material such as plutonium and
enriched uranium. Those licensees verify and document their inventories
and material transfers in the Nuclear Material Management and
Safeguards System (NMMSS) database. Within the fuel facilities business
line, these generic homeland security activities include interactions
with the Nuclear Materials Information Program and the interagency
agreement with DOE for the certification and accreditation of
classified computer systems at enrichment facilities.
No changes were made to the final rule as a result of this comment.
C. Work Papers
Comment: Both the proposed rule and the work papers state that the
operating power reactor annual fee increases. However, neither document
provides any explanation for the reason the fee class is increasing.
Instead, one must consult the FY 2019 CBJ to understand the purpose of
the work (and even then, it remains at a fairly high level). The
proposed rule and work papers show line items that appear to be clearly
limited to a given entity, e.g., ``Design Certification'' in the New
Reactors Business Line, while others, e.g., ``RIC'' or ``Systems
Analysis Research'' in the Operating Reactors business line, are not
clearly limited.
The commenter is requesting additional detail in the work papers to
better understand which resources are to be recovered from 10 CFR part
170 user fees versus 10 CFR part 171 annual fees.
The commenters recommend that these additional details be added in
the fee rule work papers and delineate the resources that are to be
recovered from 10 CFR part 170 user fees versus 10 CFR part 171 annual
fees by NRC to be specific or shared, enabling the applicable industry
segment to engage the NRC. (Ameren, NEI, FENOC, SNC, Exelon)
Response: The commenter is requesting additional detail in the work
papers to better understand which resources are to be recovered from 10
CFR part 170 user fees versus 10 CFR part 171 annual fees. The
commenter is also requesting additional information on the large
increase in information technology, including what types of items or
activities are included in these line items, and whether the costs are
proposed to be recovered via 10 CFR part 170 or 10 CFR part 171 fees.
The NRC disagrees with the comment that the work papers need additional
detail. Consistent with the requirements of OBRA-90, license fees are
calculated based on the budget authority enacted for the current FY by
business lines, product lines, and products. The NRC provides those
business lines, product lines, and products in its work papers.
Detailed information below the product level (e.g., cost centers) is
determined when the budget is executed. The work papers do not
distinguish by specific budget line items which fees are recovered
through user and annual fees because it is impractical for the NRC to
determine in advance what precise percent of a given business line will
be recovered through 10 CFR part 170 user fees versus 10 CFR part 171
annual fees.
Further, with respect to 10 CFR part 170 user fees, licensing and
inspection actions are subject to change, depending on the novelty and
complexity of the license application under review or the facility
being inspected. Similarly, with respect to 10 CFR part 171 annual
fees, the nature of the generic research, safety, environmental, or
safeguards activities, may also vary considerably, given changes in
Commission priorities, external events, interactions with Agreement
States, other Federal agencies, state, local and tribal governments,
the regulated industry, and members of the public. Including this
information in the work papers for the fee rule, therefore, is likely
to cause confusion.
In addition, the NRC notes that the CBJ includes a statement in
each business line chapter to indicate which product lines impact fees
for services versus annual fees. For all the business lines, except the
nuclear materials users business line, generally resources budgeted in
the Licensing and Oversight Product Lines impact fees for service, and
all other resources impact annual fees. For the nuclear materials users
business line, almost all budgeted resources impact annual fees. In
addition, the NRC is proactively planning for the future implementation
of NEIMA in FY 2021 and considering adding additional details within
the CBJ, fee rule and subsequent work papers to further enhance
transparency regarding which activities are recovered through 10 CFR
part 170 user fees versus 10 CFR part 171 annual fees.
With regards to IT infrastructure activities, the NRC reclassified
these resources as mission direct in the fee rule in order to align the
fee rule calculations with the budget structure. These resources are
now properly represented in the annual fee rule as mission-direct
program costs rather than mission-indirect costs. Although this change
appears as an increase, it was not an increase, but rather a shifting
of the resources from mission-indirect resources to mission direct
costs in the fee rule calculation.
No changes were made to the final rule as a result of these
comments.
Comment: The work papers supporting the proposed rule lack a level
of descriptive detail necessary to determine what actions, efforts and
products are planned, and information on the specific indirect services
that are covered under 10 CFR part 171 fees to allow stakeholders to
see if the increase is a reflection of required generic services or
something else. The NRC should supplement the work papers supporting
future fee rules with additional detail on budgeted work activities,
including a level of planned effort for each activity and how this plan
compares with the prior year. In addition, information on other items
that are proposed to experience large increases in funding (e.g., Other
Response Activities, Licensing Actions, and Licensing Support). Such
detail would enable licensees to better evaluate and understand
significant budget changes. (NEI, SNC, FENOC, Exelon)
Response: Consistent with prior years, license fees are based on
the NRC's budget formulation structure hierarchy of business lines,
product lines, and products. The commenter is correct that the work
papers do not distinguish these activities based on whether these line
items will be recovered through user or annual fees. However,
distinguishing these activities would prove unduly burdensome for the
NRC
[[Page 22345]]
to perform this type of analysis for every business line, product line,
and product in its budget. The CBJ provides the agency explanation and
justification for the resources being requested for the budget year,
and the reason for changes in the agency budget request as compared to
the prior year, at the business line and product line levels.
No changes were made to the final rule as a result of these
comments.
Comment: ``Include a detailed summary of how actual expenditures
have compared to budget for prior fiscal years. While the Work Papers
includes information for fees collected in prior years, a breakdown of
these fees by Business Line and Product Line would enable the NRC and
stakeholders to identify areas for improvement and opportunities for
efficiency.'' (Exelon Generation)
Response: Consistent with prior years, license fees are based on
the NRC's budget formulation structure hierarchy of business lines,
product lines, and products, not actual budget expenditures. Beginning
in FY 2018, the CBJ includes the prior year actual amounts at the
business line and product line levels.
No changes were made to the final rule as a result of these
comments.
Comment: The U.S. Department of Energy (DOE) has reviewed the
proposed 10 CFR parts 170 and 171 fee schedule for FY 2019. The DOE
finds that the basis for the total annual fee amount and the level of
effort to support the general licenses for Uranium Mill Tailings
Radiation Control Act (UMTRCA) sites is not presented in the proposed
rule or associated work papers. Additionally, the bases for allocation
percentages for DOE and other uranium recovery licensees and the
generic/other uranium recovery costs in the proposed rule and work
papers are not presented. The DOE requests that the US NRC clarify the
rationale for the various fee components that are used to determine the
total charge. This will help DOE evaluate whether the proposed NRC
scope is consistent with anticipated DOE activities and establish the
basis for DOE's estimate of annual uranium licensee fees in its budget
request. (DOE)
Response: The NRC described the overall methodology for determining
fees for uranium recovery facilities, including DOE, in the 2002 fee
rule (67 FR 42625; June 24, 2002), and the NRC continues to use this
methodology. As the NRC explained in the proposed fee rule, the NRC
recovers fees from DOE through both user fees charged under 10 CFR part
170 for specific UMTRCA oversight activities and annual fees charged
under 10 CFR part 171 for generic and other costs related to UMTRCA and
other uranium recovery activities. As shown in the work papers
referenced in the proposed fee rule, the NRC calculated the total
amount of budgeted resources for UMTRCA activities related to DOE sites
in the FY 2019 CBJ by computing the cost of staff hours budgeted to
conduct the work (in terms of full-time equivalent, or FTE) and the
budgeted contract costs. The total amount of budgeted resources was
reduced by the amount expected to be recovered by 10 CFR part 170 user
fees for site-specific UMTRCA activities. The NRC estimated the amount
of 10 CFR part 170 user fees by analyzing billing data and the actual
contractual work charged to DOE for the previous four quarters. The
estimate, therefore, reflects any recent reductions in NRC oversight
activities. The remainder of the UMTRCA budgeted amount related to DOE
sites is charged to DOE for generic activities. In addition to those
generic costs, DOE was charged for 10 percent of the overall generic
costs attributable to the uranium recovery program. In other words, the
DOE fee includes the costs of generic activities related to DOE sites
and 10 percent of the overall generic costs attributable to the uranium
recovery program. The remaining 90 percent of the overall generic costs
is charged to the other members of the uranium recovery fee class. The
work papers also provided information on all the values of the effort/
benefit factors used in the uranium recovery matrix for FY 2019.
No changes were made to this final rule because of this comment.
D. Operating Reactors Budget and Declining 10 CFR Part 170 Fee
Collections
Comment: Several commenters expressed their concern regarding the
NRC's Operating Reactors budget and that it is too large in today's
economic environment with the closure of Oyster Creek in 2018 and
additional plant closures expected between now and 2025, yet annual
fees are increasing for the remaining operating reactors fleet. With
the loss of these licensees and the expected continued decrease in 10
CFR part 170 service fees, the NRC should take action to reduce the
operating plant budget and stop the trend of increasing annual fees for
the remaining operating plants. Given that the cap on annual fees for
operating reactors under NEIMA goes into effect in FY 2021, the NRC
should begin establishing a means to more quickly adjust the budget to
reflect anticipated reductions in reactor licensees and the associated
workload. (Ameren, WEC, NEI, SNC, FENOC, Exelon)
Response: Regarding the comment that the NRC should reduce its
budget commensurate with the reduction in the number of decommissioning
plants, the NRC recognizes that the number of reactors that are
planning to close will have a material impact on the budget. The NRC
accounts for the decreasing number of nuclear power reactor licensees
during the budget formulation process. For instance, the NRC tracks
licensee plans to cease operations and adjusts its budget requests to
reflect the anticipated workload while ensuring that the agency will
continue to meet its statutory requirements. With the implementation of
NEIMA in FY 2021, which will include a cap on annual fees for operating
reactors, the NRC continues to proactively evaluate resource
requirements and adjustments that can be made to refine the operating
reactors budget.
The amount of user fees collected under 10 CFR part 170 depends on
a number of different factors including the professional hourly rate,
licensee and applicant decisions to pursue licensing actions, and the
number of hours necessary to resolve any licensing actions. Due to
OBRA-90 requirements, examining changes in the 10 CFR part 170 fees and
the 10 CFR part 171 fees separately may not account for the overall
decreases in the fee class budget or the realized efficiencies. Over
the last several years, the fee class budget for the operating power
reactors fee class has decreased from $762.1 million in FY 2015 to
$670.2 million in the FY 2019 final rule. In addition, the
``Congressional Budget Justification: Fiscal Year 2020'' (NUREG-1100,
Volume 35) shows a continual decline in the operating reactors business
line.
In comparison to FY 2018, estimated billings under 10 CFR part 170
declined due to a reduction in both licensing actions and inspections
due to the shutdown of Oyster Creek, the planned shutdown of Pilgrim
and Three Mile Island operating power reactors during FY 2019, and the
completion of the APR1400 design certification for Korea Hydro and
Nuclear Power Co., LTD. The NRC continues to proactively review its
budget to pursue additional efficiency improvements to ensure that its
budgetary request accurately reflects the anticipated workload in light
of anticipated operating power plant closures.
The NRC continues to examine and pursue improvements to its
processes and increases in efficiency that will allow it to meet its
statutory
[[Page 22346]]
responsibilities as the industry changes. The NRC continues to develop
methods that would allow for more rapid adaptation to future needs and
the size of the licensed community.
No changes were made to the final rule as a result of these
comments.
E. Fuel Facilities Budget
Comment: Several commenters welcomed the reductions in the fuel
facilities fee class budgetary resources and annual fees in FY 2019 but
felt that the fee class's budgeted resources are still too large given
the activities performed and number of licensees and that further
reductions are needed beyond FY 2019. Two commenters expressed concern
that the level of resources assigned to the fuel facilities fee class
was too large in light of the risk profile for the fuel facilities
being significantly lower compared to power reactors. (WEC, NEI, BWXT,
NFS, URENCO)
Response: The fuel facilities business line is responsible for
ensuring the safety and security of fuel cycle and greater than
critical mass facilities. The business line leads the licensing and
oversight of these facilities, as well as domestic material control and
accounting and international safeguards implementation activities for
the NRC. The business line also supports rulemaking and environmental
review activities for fuel facilities.
The NRC has taken steps to right-size the fuel facilities budget to
ensure that it reflects the reduced workload in the business line. A
peak workload was experienced in FY 2012. The FY 2019 fuel facilities
fee class budget of $24.8 million is approximately 54 percent less than
the FY 2012 fuel facilities fee class budget of $54.4 million. Further,
the 66 FTE in the FY 2019 fuel facilities fee class budget is
approximately 64 percent less than the 184 FTE in the FY 2012 fuel
facilities fee class budget. The FY 2019 fuel facilities fee class
budget decreases due to aligning resources with a smaller projected
workload, primarily due to the anticipated completion of work
associated with the cyber security rulemaking and additional
efficiencies to align resources with the smaller workload projected in
FY 2019.
In a public meeting conducted on February 13, 2019, on the FY 2019
proposed feel rule, the NRC provided an overview of the fuel facilities
business line budget, major activities, the budget planning process
(e.g., workload forecasting, types of work, and inspection activities),
and a discussion of the fuel facilities fee class 10 CFR part 170 user
fees and 10 CFR part 171 annual fees. Slides from this public meeting
are available in ADAMS under Accession No. ML19044A386.
Regarding the assertion that the NRC should reduce its budget
commensurate with the reduction in the number of fuel facilities that
pay fees, the NRC agrees, but that reduction is not linearly
proportional as there is a cost for the infrastructure that must be
maintained independent of the number of operational fuel facilities.
These infrastructure costs include indirect services and the business
line portion of corporate support. Indirect services include
rulemaking, maintaining guidance for licensees, maintaining procedures
for NRC staff, training, and travel. Corporate support includes, for
example, the cost for information management, information technology,
security, facilities management, rent, utilities, financial management,
acquisitions, human resources, and policy support.
In this final rule, the fees assessed to the licensees and
applicants by the NRC must conform to OBRA-90, which requires the NRC
to collect approximately 90 percent of its annual budget authority
(less certain excluded items) through both user fees and annual fees.
The NRC can assess these annual fees only to licensees or certificate
holders, and the annual fee schedule must be fair and equitably
allocate annual fees among the NRC's many licensees. To ensure
compliance with OBRA-90, the NRC makes continual organizational
improvements to align the resources needed to support its regulatory
activities. These actions help mitigate impacts on the remaining
licensees from licensees that leave a fee class by helping the NRC
continue to develop budgets that account for regulating a fee class
with a declining number of licensees.
The NRC continues to actively evaluate resource requirements, both
in terms of overall budget numbers and FTEs, to address changes that
occur between budget formulation and execution. The NRC will continue
to assess resource requirements and evaluate programmatic efficiencies
that could result in additional resource reductions.
Beyond FY 2019, the NRC will continue to look for efficiencies
within the fuel facilities program. Going forward, the fuel facilities
business line is focusing efforts to align the agency's program of work
in the fuel facilities area to workload projections and continuing to
risk-inform the regulatory framework for these activities. In the
coming months, the NRC will be sharing opportunities for the public and
industry to engage with us in our efforts in this area with a goal of
identifying and realizing additional efficiencies in the licensing and
oversight of fuel facilities while maintaining adequate protection
consistent with our principles of good regulation.
No changes were made to this final rule as a result of these
comments.
F. Fuel Facilities Decline in 10 CFR Part 170 Fee Collections
Comment: Several commenters expressed concern regarding the
declining fraction of fees recovered under 10 CFR part 170 (Service
Fees) relative to 10 CFR part 171 (Annual Fees), as well as the NRC's
overall budget for the fuel facilities fee class. The commenters noted
that these fees were being borne by a decreasing number of facilities
with a decreasing number of licensing actions. They also asked for more
information on what specific activities contribute to the non-direct
portion of the budget that is recovered in the annual fees charged to
licensees. (WEC, NEI)
Response: The NRC is aware of the current economic state of the
fuel cycle industry and remains mindful of the impact of its budget on
the fees for licensees. The fuel facilities fee class supports the
activities of the fuel facilities business line, including both direct-
billable licensing actions and those general activities that indirectly
support the agency's mission in these areas. The overall budget for the
fuel facilities business line has decreased significantly in recent
years. For example, the number of budgeted staff positions in the fuel
facilities fee class has decreased from 184 FTE in FY 2012 to 66 FTE in
FY 2019, or 64 percent. The NRC continues to adjust its budget in line
with anticipated work load for the business line.
Since FY 2012, services billed directly to individual fuel facility
licensees under 10 CFR part 170 have decreased. The reasons for this
include: Fewer applications for new licenses, license renewals, and
license amendments; fewer inspections; and less construction inspection
activity. The decrease in 10 CFR part 170 collections in recent years
has meant that the amount to be recovered by annual fees has not
decreased commensurate with the overall decrease in the budget for the
fuel facilities business line. Further, the decline in the number of
operating fuel facilities (from ten in FY 2012 to seven in FY 2019) has
led to an increase in the annual fee burden for the remaining fuel
facilities, even though the total budgeted resources for this fee class
have dropped during that time period.
[[Page 22347]]
The fuel facilities business line must maintain certain minimum
requirements in order to meet the NRC's regulatory and statutory
oversight role. This includes maintaining expertise in a number of
technical areas, including: Integrated safety analysis, radiation
protection, criticality safety, chemical safety, fire safety, emergency
management, environmental protection, decommissioning, management
measures, material control and accounting, physical protection, and
information security. Budgeted resources in technical areas are
recovered through annual fees as well as user fees.
In a public meeting on February 13, 2019, the NRC discussed how the
annual fees support other activities that are necessary for the fuel
facilities fee class as a whole. The presentations from the meeting
address these areas and are available in ADAMS under Accession No.
ML19044A386.
No changes were made to this final rule as a result of these
comments.
G. Fuel Facilities Matrix
Comment: Several commenters provided views regarding the effort
factors matrix, including a request for feedback on the NRC's decision
not to make changes to the fuel facilities fee matrix in FY 2019, and
specific information regarding the effort factor for Uranium Enrichment
and requested a justification for why the safety factor for Solid UF6/
Metal for Safety is higher than Category 3 Fuel Fabricators and is more
appropriately reflected at lower effort factor. (WEC, NEI, URENCO)
Response: In response to industry concerns about the fairness and
equity of annual fees charged to fuel facilities, the NRC analyzed its
past practice of using an effort factors matrix to calculate annual
fees for the fuel facilities fee class to determine if revisions to the
current method may be warranted. In FY 2018, the NRC held three public
meetings to discuss possible alternative approaches to the method of
calculating annual fees for the fuel facilities fee class including
changes to the effort factors matrix. As part of that process, the NRC
received numerous comments on the current and alternative methods for
determining annual fees. The comments were grouped into 5 options which
included an option for no change. The comments were mixed as to whether
the NRC should change the methodology for calculating annual fees. Some
stakeholders indicated that the NRC should change the methodology,
while others stated that the NRC should leave the methodology unchanged
until budget reduction efforts are complete.
During those meetings, the NRC indicated that it did not intend to
make any changes to the method of calculating annual fees in the FY
2018 fee rule since it was in the process of engaging stakeholders, and
any recommendations related to the effort factors matrix would be
addressed as part of recommendations for the FY 2019 proposed fee rule.
During the development of the FY 2019 fee rule, the NRC considered the
5 options for changing the method of allocating annual fees to
individual fuel facility licensees and decided that the best option was
no change, which retained the current methodology based on the effort
factors matrix that was developed in the FY 1999 final fee rule (64 FR
31447; June 10, 1999).
Regarding the comment that the safety factor in the effort factors
matrix for Solid Uranium Hexafluoride (UF6)/Metal processes at Uranium
Enrichment facilities is too high, the NRC notes that the same comment
was submitted for the 2018 fee rule and during the 2018 public
meetings. The effort factors in the matrix represent non-billable,
regulatory effort (e.g., rulemaking, guidance, etc.). Billable
regulatory effort, such as the number of inspections, is not applicable
to the effort factor. However, the NRC acknowledges that enrichment
facilities receive natural UF6 as feed and ship low enriched UF6 as
product. The non-billable effort is more aligned to the moderate effort
for facilities fabricating low enriched fuel than the high effort for
facilities fabricating high enriched fuel. This is because the
regulations and guidance for criticality safety, physical protection,
and material control and accounting are more extensive for HEU than
low-enrich uranium LEU or natural uranium. A moderate effort is
assigned an effort factor of 5. Therefore, the safety factor in the
effort factors matrix for UF6/Metal processes at Uranium Enrichment
facilities has been reduced from 10 to 5 for this process at enrichment
facilities.
H. Research and Test Reactors
Comment: ``The anticipated decrease in part 170 billings will be
offset by an increase in activity for Aerotest's startup inspection and
license renewal application. A December 6, 2018, letter from Aerotest
Operations, Inc. appears to contradict this statement because the
licensee has requested withdrawal of the renewal application and a
subsequent termination of related regulatory and licensing
activities.'' (NEI)
Response: The commenter is correct regarding the letter from
Aerotest requesting withdrawal of the license renewal application and
termination of related regulatory and licensing activities. The NRC
notes that this will not result in the NRC discontinuing all work
related to the licensing and oversight of Aerotest during FY 2019
(i.e., Aerotest will continue to pay hourly fees for NRC services). As
stated in the January 25, 2019, letter from the NRC to Aerotest (ADAMS
Accession No. ML19015A332), ``the NRC staff will not consider
Aerotest's license renewal application to be withdrawn until Aerotest
provides the NRC with written certification of the permanent cessation
of [Aerotest] operations.'' Although the NRC suspended its review of
the license renewal application and startup inspection activities, this
work may resume if requested by Aerotest or be replaced by new work
related to permanent cessation of operations and license termination.
This leaves uncertainty about the NRC services that will be requested
by Aerotest in FY 2019 and the associated hourly fees. The difference
between fees for license renewal and startup inspection assumed in the
fee calculations for the proposed rule and the fees for licensing
actions related to permanent cessation of operations and license
termination is expected to be small (on the order of several thousands
of dollars in FY 2019). This difference should not have a significant
impact on the FY 2019 annual fee given the methods used by the NRC for
determining the annual fees under 10 CFR part 171, as described below.
In order to develop the estimated 10 CFR part 170 by fee class the
NRC utilizes actual billing data from four quarters including the
hourly rate charges and contract work, which is then adjusted for
workload projections and the changes in the hourly rate. In order to
expedite the fee rule publication, the billing data used to estimate
the 10 CFR part 170 estimated billings was changed in the FY 2017 fee
rule and has carried forward in subsequent fee rules. The FY 2019
proposed rule utilizes four quarters of the prior year invoice data,
while the NRC will utilize a combination of two quarters of the prior
year and two quarters of the current year billing data, which is also
updated to reflect workload changes, for the FY 2019 final rule. By
giving up some precision in the 10 CFR part 170 estimates, the NRC is
able to achieve the acceleration of publishing the fee rule.
No changes were made to the final rule as a result of these
comments.
[[Page 22348]]
I. Low-Level Waste Surcharge
Comment: ``[W]e believe the staff should provide additional
information on the data used to validate the ``Low-Level Waste
Surcharge'' (LLW) increase shown in table IV of the proposed rule (page
582 of the Federal Register notice). Since NRC fees are based in part
on the LLW surcharge, NRC should continue to work with the Department
of Energy to ensure the accuracy, completeness and timeliness of data
entered into DOE's Manifest Information Management System (MIMS).''
(NEI)
Response: The DOE was required by law (42 U.S.C. 2021g(a)) to
establish a computerized database to monitor low-level radioactive
wastes. The DOE created and is responsible for the MIMS database that
was created to monitor the management of commercial LLW in the United
States. The LLW surcharge percentages included in Table IV in the
proposed FY 2019 fee rule for operating power reactors, fuel
facilities, and materials users reflect the 5-year average of the data
available in MIMS for the relevant licensees.
At the time the proposed FY 2019 fee rule was issued, the most
recent data available from the MIMS database was from March 2018. The
FY 2019 final fee rule includes updated LLW surcharge percentages which
account for the 2019 MIMS data that was recently populated by DOE. The
2019 data includes a significant increase to the volume reported under
the ``Utility'' Class, which is used to determine the percentage for
operating power reactors. The increase to the volume reported under the
Utility Class in 2019 shifted the percentages for fuel facilities and
operating power reactors as seen in Table IV, ``Allocation of Fee-
Relief and LLW Surcharge FY 2019.'' As a result, compared to the
proposed FY 2019 fee rule, the percentage of the LLW surcharge for
operating power reactors increased from 41.0 percent to 75 percent,
fuel facilities decreased from 46 percent to 20 percent, and material
users decreased from 13 percent to 5 percent. Please refer to Table IV
and the accompanying discussion for additional details.
No changes were made to this final rule as a result of these
comments.
J. Small Business Standards
Comment: ``Regarding small entity size standards, the NRC should
consider establishing lower licensing fees by creating one or more
additional ranges between the $520,000 and $7,500,000 gross annual
receipts range. A fee rate schedule with more steps for small
businesses would help reduce the license fee burden on the smaller
entities and address small business concerns.'' (RE)
Response: To reduce the significance of the annual fees on a
substantial number of small entities, the NRC established the maximum
small entity fee in FY 1991. In FY 1992, the NRC introduced a second
lower tier to the small entity fee. Because the NRC's methodology for
small entity size standards has been approved by the Small Business
Administration, the NRC did not modify its current methodology for this
rulemaking. As one of the ongoing Fees Transformation initiatives, the
NRC is currently determining if a change to the small entity size
standards is needed.
No change was made to the final rule in response to this comment.
K. Comments Generally Supporting Actions of the Agency
Several commenters expressed comments generally in favor of actions
that the agency is taking with respect to fees, billing, and other
aspects of the fee rule process. Comments generally in favor of the
agency's actions included comments supporting the public meetings on
the proposed fee rule, improved efficiency and clarity of the fee and
invoicing process, support for e-Billing, the removal of the 6-percent
overhead charge for the 10 CFR part 170 bills, the decrease within the
fuel facilities budget to right-size the budget to reflect a reduced
workload, and other improvements made as part of the Fees
Transformation Initiative. No new or different information was
developed as a result of these comments, and thus, no changes to the
rule were made because of these comments.
L. Comments on Matters Not Related to This Rulemaking
Several commenters raised issues outside the scope of the FY 2019
fee rule. Commenters raised concerns with the agency's budgeting
process and requesting public meetings on the agency's budget
formulation process. A few commenters regarding expediting efficiency
efforts and engaging industry regarding additional efficiencies and
risk-informing the current regulatory program. Additional comments
included a comment on safety standards and renewal energy, and Medicare
codes.
These matters are outside the scope of this final rule. The primary
purpose of the NRC's annual fee recovery final rule is to update the
NRC's fee schedules to recover approximately 90 percent of the NRC's
budgeted authority for the current fiscal year, and to make other
necessary corrections or appropriate changes to specific aspects of the
NRC's fee regulations in order to ensure compliance with OBRA-90.
The NRC takes the importance of examining and improving the
efficiency of its operations and the prioritization of its regulatory
activities very seriously. Recognizing the importance of continuous
reexamination and improvement of the way the agency does business, the
NRC has undertaken, and continues to undertake, a number of significant
initiatives aimed at improving the efficiency of NRC operations and
enhancing the agency's approach to regulating. Though comments raising
these issues are not within the scope of this final rule, the NRC will
consider this input in its future program operations.
VI. Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, as
amended,\6\ the NRC has prepared a regulatory flexibility analysis for
this final rule. The regulatory flexibility analysis is available as
indicated in Section XIV, Availability of Documents, of this document.
---------------------------------------------------------------------------
\6\ 5 U.S.C. 603. The RFA, 5 U.S.C. 601-612, has been amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
Public Law 104-121, Title II, 110 Stat. 847 (1996).
---------------------------------------------------------------------------
VII. Regulatory Analysis
Under OBRA-90, the NRC is required to recover approximately 90
percent of its budget authority in FY 2019. The NRC established fee
methodology guidelines for 10 CFR part 170 in 1978 and established
additional fee methodology guidelines for 10 CFR part 171 in 1986. In
subsequent rulemakings, the NRC has adjusted its fees without changing
the underlying principles of its fee policy to ensure that the NRC
continues to comply with the statutory requirements for cost recovery
in OBRA-90.
In this final rule, the NRC continues this long-standing approach.
Therefore, the NRC did not identify any alternatives to the current fee
structure guidelines and did not prepare a regulatory analysis for this
final rule.
VIII. Backfitting and Issue Finality
The NRC has determined that the backfit rule, 10 CFR 50.109 (and
similar provisions in the NRC's regulations for other licensee fee
classes), does not apply to this final rule and that a backfit analysis
is not required. A backfit analysis is not required because these
amendments do not require the modification of, or addition to, systems,
structures, components, or the design of
[[Page 22349]]
a facility, or the design approval or manufacturing license for a
facility, or the procedures or organization required to design,
construct, or operate a facility.
IX. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
X. National Environmental Policy Act
The NRC has determined that this rule amends the NRC's
administrative requirements in 10 CFR part 170 and 10 CFR part 171.
Therefore, this action is categorically excluded from needing
environmental review as described in Sec. 51.22(c)(1). Consequently,
neither an environmental impact statement nor an environmental
assessment has been prepared for this final rule.
XI. Paperwork Reduction Act
This final rule does not contain a collection of information as
defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
and, therefore, is not subject to the requirements of the Paperwork
Reduction Act of 1995.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
XII. Congressional Review Act
This final rule is a rule as defined in the Congressional Review
Act of 1996 (5 U.S.C. 801-808). The Office of Management and Budget has
found it to be a major rule as defined in the Congressional Review Act.
XIII. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995, Pub.
L. 104-113, requires that Federal agencies use technical standards that
are developed or adopted by voluntary consensus standards bodies unless
the use of such a standard is inconsistent with applicable law or
otherwise impractical. In this final rule, the NRC amends the
licensing, inspection, and annual fees charged to its licensees and
applicants, as necessary, to recover approximately 90 percent of its
budget authority in FY 2018, as required by OBRA-90. This action does
not constitute the establishment of a standard that contains generally
applicable requirements.
XIV. Availability of Guidance
The Small Business Regulatory Enforcement Fairness Act requires all
Federal agencies to prepare a written compliance guide for each rule
for which the agency is required by 5 U.S.C. 604 to prepare a
regulatory flexibility analysis. The NRC, in compliance with the law,
prepared the ``Small Entity Compliance Guide'' for the FY 2019 proposed
fee rule. The compliance guide was developed when the NRC completed the
small entity biennial review for FY 2019. This document is available as
indicated in Section XV, Availability of Documents, of this document.
XV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
Document ADAMS accession No./web link
------------------------------------------------------------------------
SECY-05-0164, ``Annual Fee Calculation ML052580332.
Method,'' dated September 15, 2005.
SECY-08-0174, ``Fiscal Year 2009 ML083120518.
Proposed Fee Rule and Advance
Rulemaking for Grid-Appropriate
Reactor Fees,'' dated November 7, 2008.
SECY-16-0097, ``Fee Setting ML16194A365.
Improvements and Fiscal Year 2017
Proposed Fee Rule,'' dated August 22,
2016.
SECY-17-0026, ``Policy Considerations ML17130A783.
and Recommendations for Remediation of
Non-Military, Unlicensed Historic
Radium Sites in Non-Agreement
States,'' dated February 22, 2017.
Staff Requirements Memorandum for SECY- ML17250A841.
17-0026, dated September 7, 2017.
FY 2019 Final Rule Work Papers......... ML19106A409.
FY 2019 Regulatory Flexibility Analysis ML19085A492.
FY 2019 U.S. Nuclear Regulatory ML18338A006.
Commission Small Entity Compliance
Guide.
NUREG-1100, Volume 34, ``Congressional ML18023B460.
Budget Justification: Fiscal Year
2019'' (February 2018).
NUREG-1100, Volume 35, ``Congressional ML19065A279.
Budget Justification: Fiscal Year
2020'' (February 2019).
NRC Form 526, Certification of Small http://www.nrc.gov/reading-rm/
Entity Status for the Purposes of doc-collections/forms/
Annual Fees Imposed under 10 CFR Part nrc526.pdf.
171.
OMB's Circular A-25, ``User Charges''.. https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/circulars/a025/a025.html.
FY 2019 Proposed Fee Rule.............. ML18319A157.
FY 2019 Proposed Rule Work Papers...... ML18361A780.
Fees Transformation Accomplishments.... https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformaton-accomplishments.html.
------------------------------------------------------------------------
List of Subjects
10 CFR Part 170
Byproduct material, Import and export licenses, Intergovernmental
relations, Non-payment penalties, Nuclear energy, Nuclear materials,
Nuclear power plants and reactors, Source material, Special nuclear
material.
10 CFR Part 171
Annual charges, Approvals, Byproduct material, Holders of
certificates, Intergovernmental relations, Nonpayment penalties,
Nuclear
[[Page 22350]]
materials, Nuclear power plants and reactors, Registrations, Source
material, Special nuclear material.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR parts 170 and 171:
PART 170--FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT
LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT
OF 1954, AS AMENDED
0
1. The authority citation for part 170 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 161(w) (42
U.S.C. 2014, 2201(w)); Energy Reorganization Act of 1974, sec. 201
(42 U.S.C. 5841); 42 U.S.C. 2214; 31 U.S.C. 901, 902, 9701; 44
U.S.C. 3504 note.
0
2. In Sec. 170.21, in the table revise the entry for ``K. Import and
export licenses;'' to read as follows:
Sec. 170.21 Schedule of fees for production and utilization
facilities, review of standard referenced design approvals, special
projects, inspections, and import and export licenses.
* * * * *
Schedule of Facility Fees
[See footnotes at end of table]
------------------------------------------------------------------------
Facility categories and type of fees Fees 1 2
------------------------------------------------------------------------
* * * * * * *
K. Import and export licenses: \6\
Licenses for the import and export only of
production or utilization facilities or the export
only of components for production or utilization
facilities issued under 10 CFR part 110.
1. Application for import or export of
production or utilization facilities \4\
(including reactors and other facilities) and
exports of components requiring Commission and
Executive Branch review, for example, actions
under 10 CFR 110.40(b).
Application--new license, or amendment; or N/A
license exemption request..................
2. Application for export of reactor and other
components requiring Executive Branch review,
for example, those actions under 10 CFR
110.41(a).
Application--new license, or amendment; or N/A
license exemption request..................
3. Application for export of components
requiring the assistance of the Executive
Branch to obtain foreign government assurances.
Application--new license, or amendment; or N/A
license exemption request..................
4. Application for export of facility components
and equipment not requiring Commission or
Executive Branch review, or obtaining foreign
government assurances.
Application--new license, or amendment; or N/A
license exemption request..................
5. Minor amendment of any active export or
import license, for example, to extend the
expiration date, change domestic information,
or make other revisions which do not involve
any substantive changes to license terms or
conditions or to the type of facility or
component authorized for export and, therefore,
do not require in-depth analysis or review or
consultation with the Executive Branch, U.S.
host state, or foreign government authorities.
Minor amendment to license.................. N/A
------------------------------------------------------------------------
\1\ Fees will not be charged for orders related to civil penalties or
other civil sanctions issued by the Commission under Sec. 2.202 of
this chapter or for amendments resulting specifically from the
requirements of these orders. For orders unrelated to civil penalties
or other civil sanctions, fees will be charged for any resulting
licensee-specific activities not otherwise exempted from fees under
this chapter. Fees will be charged for approvals issued under a
specific exemption provision of the Commission's regulations under
Title 10 of the Code of Federal Regulations (e.g., 10 CFR 50.12, 10
CFR 73.5) and any other sections in effect now or in the future,
regardless of whether the approval is in the form of a license
amendment, letter of approval, safety evaluation report, or other
form.
\2\ Full cost fees will be determined based on the professional staff
time and appropriate contractual support services expended. For
applications currently on file and for which fees are determined based
on the full cost expended for the review, the professional staff hours
expended for the review of the application up to the effective date of
the final rule will be determined at the professional rates in effect
when the service was provided.
* * * * * * *
\6\ Because the Energy and Water, Legislative Branch, and Military
Construction and Veterans Affairs Appropriations Act, 2019, excludes
international activities from the fee-recoverable budget in FY 2019,
import and export licensing actions will not be charged fees.
0
3. In Sec. 170.31, revise the table to read as follows:
Sec. 170.31 Schedule of fees for materials licenses and other
regulatory services, including inspections, and import and export
licenses.
* * * * *
Schedule of Materials Fees
[See footnotes at end of table]
------------------------------------------------------------------------
Category of materials licenses and type of
fees \1\ Fee 2 3
------------------------------------------------------------------------
1. Special nuclear material: \11\
A. (1) Licenses for possession and use of
U-235 or plutonium for fuel fabrication
activities.
(a) Strategic Special Nuclear Full Cost.
Material (High Enriched Uranium) \6\
[Program Code(s): 21213].
(b) Low Enriched Uranium in Full Cost.
Dispersible Form Used for
Fabrication of Power Reactor Fuel
\6\ [Program Code(s): 21210].
(2) All other special nuclear materials
licenses not included in Category 1.A.
(1) which are licensed for fuel cycle
activities.\6\
[[Page 22351]]
(a) Facilities with limited Full Cost.
operations \6\ [Program Code(s):
21240, 21310, 21320].
(b) Gas centrifuge enrichment Full Cost.
demonstration facilities.\6\
[Program Code(s): 21205].
(c) Others, including hot cell Full Cost.
facilities.\6\ [Program Code(s):
21130, 21133].
B. Licenses for receipt and storage of Full Cost.
spent fuel and reactor-related Greater
than Class C (GTCC) waste at an
independent spent fuel storage
installation (ISFSI) \6\ [Program
Code(s): 23200].
C. Licenses for possession and use of $1,300.
special nuclear material of less than a
critical mass as defined in Sec. 70.4
in sealed sources contained in devices
used in industrial measuring systems,
including x-ray fluorescence
analyzers.\4\ Application [Program
Code(s): 22140].
D. All other special nuclear material
licenses, except licenses authorizing
special nuclear material in sealed or
unsealed form in combination that would
constitute a critical mass, as defined
in Sec. 70.4 of this chapter, for
which the licensee shall pay the same
fees as those under Category 1.A.\4\
Application [Program Code(s): 22110, $2,600.
22111, 22120, 22131, 22136, 22150,
22151, 22161, 22170, 23100, 23300,
23310].
E. Licenses or certificates for Full Cost.
construction and operation of a uranium
enrichment facility \6\ [Program
Code(s): 21200].
F. Licenses for possession and use of Full Cost.
special nuclear material greater than
critical mass as defined in Sec. 70.4
of this chapter, for development and
testing of commercial products, and
other non-fuel-cycle activities.4 6
[Program Code(s): 22155].
2. Source material: \11\
A. (1) Licenses for possession and use of Full Cost.
source material for refining uranium
mill concentrates to uranium
hexafluoride or for deconverting uranium
hexafluoride in the production of
uranium oxides for disposal.\6\ [Program
Code(s): 11400].
(2) Licenses for possession and use of
source material in recovery operations
such as milling, in-situ recovery, heap-
leaching, ore buying stations, ion-
exchange facilities, and in processing
of ores containing source material for
extraction of metals other than uranium
or thorium, including licenses
authorizing the possession of byproduct
waste material (tailings) from source
material recovery operations, as well as
licenses authorizing the possession and
maintenance of a facility in a standby
mode.\6\
(a) Conventional and Heap Leach Full Cost.
facilities \6\ [Program Code(s):
11100]
(b) Basic In Situ Recovery facilities Full Cost.
\6\ [Program Code(s): 11500].
(c) Expanded In Situ Recovery Full Cost.
facilities \6\ [Program Code(s):
11510].
(d) In Situ Recovery Resin facilities Full Cost.
\6\ [Program Code(s): 11550].
(e) Resin Toll Milling facilities \6\ Full Cost.
[Program Code(s): 11555].
(f) Other facilities \6\ [Program Full Cost
Code(s): 11700].
(3) Licenses that authorize the receipt Full Cost.
of byproduct material, as defined in
Section 11e.(2) of the Atomic Energy
Act, from other persons for possession
and disposal, except those licenses
subject to the fees in Category 2.A.(2)
or Category 2.A.(4) \6\ [Program
Code(s): 11600, 12000].
(4) Licenses that authorize the receipt Full Cost.
of byproduct material, as defined in
Section 11e.(2) of the Atomic Energy
Act, from other persons for possession
and disposal incidental to the disposal
of the uranium waste tailings generated
by the licensee's milling operations,
except those licenses subject to the
fees in Category 2.A.(2) \6\ [Program
Code(s): 12010].
B. Licenses which authorize the
possession, use, and/or installation of
source material for shielding.7 8
Application [Program Code(s): 11210]. $1,200.
C. Licenses to distribute items
containing source material to persons
exempt from the licensing requirements
of part 40 of this chapter.
Application [Program Code(s): 11240]. $4,300.
D. Licenses to distribute source material
to persons generally licensed under part
40 of this chapter.
Application [Program Code(s): 11230, $2,800.
11231].
E. Licenses for possession and use of
source material for processing or
manufacturing of products or materials
containing source material for
commercial distribution.
Application [Program Code(s): 11710]. $2,600.
F. All other source material licenses.
Application [Program Code(s): 11200, $2,600.
11220, 11221, 11300, 11800, 11810,
11820].
3. Byproduct material: \11\
A. Licenses of broad scope for the
possession and use of byproduct material
issued under parts 30 and 33 of this
chapter for processing or manufacturing
of items containing byproduct material
for commercial distribution. Number of
locations of use: 1-5.
Application [Program Code(s): 03211, $13,000.
03212, 03213].
(1). Licenses of broad scope for the
possession and use of byproduct
material issued under parts 30 and
33 of this chapter for processing or
manufacturing of items containing
byproduct material for commercial
distribution. Number of locations of
use: 6-20.
Application [Program Code(s): $17,300.
04010, 04012, 04014].
(2). Licenses of broad scope for the
possession and use of byproduct
material issued under parts 30 and
33 of this chapter for processing or
manufacturing of items containing
byproduct material for commercial
distribution. Number of locations of
use: More than 20.
Application [Program Code(s): $21,600.
04011, 04013, 04015].
B. Other licenses for possession and use
of byproduct material issued under part
30 of this chapter for processing or
manufacturing of items containing
byproduct material for commercial
distribution. Number of locations of
use: 1-5.
Application [Program Code(s): 03214, $3,600.
03215, 22135, 22162].
(1). Other licenses for possession
and use of byproduct material issued
under part 30 of this chapter for
processing or manufacturing of items
containing byproduct material for
commercial distribution. Number of
locations of use: 6-20.
Application [Program Code(s): $4,800.
04110, 04112, 04114, 04116].
[[Page 22352]]
(2). Other licenses for possession
and use of byproduct material issued
under part 30 of this chapter for
processing or manufacturing of items
containing byproduct material for
commercial distribution. Number of
locations of use: More than 20.
Application [Program Code(s): $5,900.
04111, 04113, 04115, 04117].
C. Licenses issued under Sec. 32.72 and/
or Sec. 32.74 of this chapter that
authorize the processing or
manufacturing and distribution or
redistribution of radiopharmaceuticals,
generators, reagent kits, and/or sources
and devices containing byproduct
material. This category does not apply
to licenses issued to nonprofit
educational institutions whose
processing or manufacturing is exempt
under Sec. 170.11(a)(4). Number of
locations of use: 1-5.
Application [Program Code(s): 02500, $5,200.
02511, 02513].
(1). Licenses issued under Sec.
32.72 and/or Sec. 32.74 of this
chapter that authorize the
processing or manufacturing and
distribution or redistribution of
radiopharmaceuticals, generators,
reagent kits, and/or sources and
devices containing byproduct
material. This category does not
apply to licenses issued to
nonprofit educational institutions
whose processing or manufacturing is
exempt under Sec. 170.11(a)(4).
Number of locations of use: 6-20.
Application [Program Code(s): $6,900.
04210, 04212, 04214].
(2). Licenses issued under Sec.
32.72 and/or Sec. 32.74 of this
chapter that authorize the
processing or manufacturing and
distribution or redistribution of
radiopharmaceuticals, generators,
reagent kits, and/or sources and
devices containing byproduct
material. This category does not
apply to licenses issued to
nonprofit educational institutions
whose processing or manufacturing is
exempt under Sec. 170.11(a)(4).
Number of locations of use: More
than 20.
Application [Program Code(s): $8,600.
04211, 04213, 04215].
D. [Reserved] N/A.
E. Licenses for possession and use of
byproduct material in sealed sources for
irradiation of materials in which the
source is not removed from its shield
(self-shielded units).
Application [Program Code(s): 03510, $3,200.
03520].
F. Licenses for possession and use of
less than or equal to 10,000 curies of
byproduct material in sealed sources for
irradiation of materials in which the
source is exposed for irradiation
purposes. This category also includes
underwater irradiators for irradiation
of materials where the source is not
exposed for irradiation purposes.
Application [Program Code(s): 03511]. $6,500.
G. Licenses for possession and use of
greater than 10,000 curies of byproduct
material in sealed sources for
irradiation of materials in which the
source is exposed for irradiation
purposes. This category also includes
underwater irradiators for irradiation
of materials where the source is not
exposed for irradiation purposes.
Application [Program Code(s): 03521]. $62,000.
H. Licenses issued under subpart A of
part 32 of this chapter to distribute
items containing byproduct material that
require device review to persons exempt
from the licensing requirements of part
30 of this chapter. The category does
not include specific licenses
authorizing redistribution of items that
have been authorized for distribution to
persons exempt from the licensing
requirements of part 30 of this chapter.
Application [Program Code(s): 03254, $6,600.
03255, 03257].
I. Licenses issued under subpart A of
part 32 of this chapter to distribute
items containing byproduct material or
quantities of byproduct material that do
not require device evaluation to persons
exempt from the licensing requirements
of part 30 of this chapter. This
category does not include specific
licenses authorizing redistribution of
items that have been authorized for
distribution to persons exempt from the
licensing requirements of part 30 of
this chapter.
Application [Program Code(s): 03250, $11,600.
03251, 03252, 03253, 03256].
J. Licenses issued under subpart B of
part 32 of this chapter to distribute
items containing byproduct material that
require sealed source and/or device
review to persons generally licensed
under part 31 of this chapter. This
category does not include specific
licenses authorizing redistribution of
items that have been authorized for
distribution to persons generally
licensed under part 31 of this chapter.
Application [Program Code(s): 03240, $2,000.
03241, 03243].
K. Licenses issued under subpart B of
part 32 of this chapter to distribute
items containing byproduct material or
quantities of byproduct material that do
not require sealed source and/or device
review to persons generally licensed
under part 31 of this chapter. This
category does not include specific
licenses authorizing redistribution of
items that have been authorized for
distribution to persons generally
licensed under part 31 of this chapter.
Application [Program Code(s): 03242, $1,100.
03244].
L. Licenses of broad scope for possession
and use of byproduct material issued
under parts 30 and 33 of this chapter
for research and development that do not
authorize commercial distribution.
Number of locations of use: 1-5.
Application [Program Code(s): 01100, $5,500.
01110, 01120, 03610, 03611, 03612,
03613].
(1) Licenses of broad scope for
possession and use of byproduct
material issued under parts 30 and
33 of this chapter for research and
development that do not authorize
commercial distribution. Number of
locations of use: 6-20.
Application [Program Code(s): $7,300.
04610, 04612, 04614, 04616,
04618, 04620, 04622].
(2) Licenses of broad scope for
possession and use of byproduct
material issued under parts 30 and
33 of this chapter for research and
development that do not authorize
commercial distribution. Number of
locations of use: More than 20.
Application [Program Code(s): $9,100.
04611, 04613, 04615, 04617,
04619, 04621, 04623].
M. Other licenses for possession and use
of byproduct material issued under part
30 of this chapter for research and
development that do not authorize
commercial distribution.
Application [Program Code(s): 03620] $8,300.
N. Licenses that authorize services for
other licensees, except:
(1) Licenses that authorize only
calibration and/or leak testing
services are subject to the fees
specified in fee Category 3.P.; and
(2) Licenses that authorize waste
disposal services are subject to the
fees specified in fee Categories
4.A., 4.B., and 4.C.
Application [Program Code(s): $8,900.
03219, 03225, 03226].
[[Page 22353]]
O. Licenses for possession and use of
byproduct material issued under part 34
of this chapter for industrial
radiography operations. Number of
locations of use: 1-5.
Application [Program Code(s): 03310, $6,300.
03320].
(1). Licenses for possession and use
of byproduct material issued under
part 34 of this chapter for
industrial radiography operations.
Number of locations of use: 6-20.
Application [Program Code(s): $8,500.
04310, 04312].
(2). Licenses for possession and use
of byproduct material issued under
part 34 of this chapter for
industrial radiography operations.
Number of locations of use: More
than 20.
Application [Program Code(s): $10,600.
04311, 04313].
P. All other specific byproduct material
licenses, except those in Categories
4.A. through 9.D.\9\ Number of locations
of use: 1-5.
Application [Program Code(s): 02400, $4,700.
02410, 03120, 03121, 03122, 03123,
03124, 03130, 03140, 03220, 03221,
03222, 03800, 03810, 22130].
(1). All other specific byproduct
material licenses, except those in
Categories 4.A. through 9.D.\9\
Number of locations of use: 6-20.
Application [Program Code(s): $6,300.
04410, 04412, 04414, 04416,
04418, 04420, 04422, 04424,
04426, 04428, 04430, 04432,
04434, 04436, 04438].
(2). All other specific byproduct
material licenses, except those in
Categories 4.A. through 9.D.\9\
Number of locations of use: More
than 20.
Application [Program Code(s): $7,900.
04411, 04413, 04415, 04417,
04419, 04421, 04423, 04425,
04427, 04429, 04431, 04433,
04435, 04437, 04439].
Q. Registration of a device(s) generally
licensed under part 31 of this chapter.
Registration......................... $700.
R. Possession of items or products
containing radium-226 identified in 10
CFR 31.12 which exceed the number of
items or limits specified in that
section.\5\
1. Possession of quantities exceeding
the number of items or limits in 10
CFR 31.12(a)(4), or (5) but less
than or equal to 10 times the number
of items or limits specified.
Application [Program Code(s): $2,600.
02700].
2. Possession of quantities exceeding
10 times the number of items or
limits specified in 10 CFR
31.12(a)(4), or (5).
Application [Program Code(s): $2,500.
02710].
S. Licenses for production of accelerator-
produced radionuclides.
Application [Program Code(s): 03210]. $14,200.
4. Waste disposal and processing:\11\
A. Licenses specifically authorizing the
receipt of waste byproduct material,
source material, or special nuclear
material from other persons for the
purpose of contingency storage or
commercial land disposal by the
licensee; or licenses authorizing
contingency storage of low-level
radioactive waste at the site of nuclear
power reactors; or licenses for receipt
of waste from other persons for
incineration or other treatment,
packaging of resulting waste and
residues, and transfer of packages to
another person authorized to receive or
dispose of waste material.
Application [Program Code(s): 03231, Full Cost.
03233, 03236, 06100, 06101].
B. Licenses specifically authorizing the
receipt of waste byproduct material,
source material, or special nuclear
material from other persons for the
purpose of packaging or repackaging the
material. The licensee will dispose of
the material by transfer to another
person authorized to receive or dispose
of the material.
Application [Program Code(s): 03234]. $6,900.
C. Licenses specifically authorizing the
receipt of prepackaged waste byproduct
material, source material, or special
nuclear material from other persons. The
licensee will dispose of the material by
transfer to another person authorized to
receive or dispose of the material.
Application [Program Code(s): 03232]. $5,000.
5. Well logging:\11\
A. Licenses for possession and use of
byproduct material, source material, and/
or special nuclear material for well
logging, well surveys, and tracer
studies other than field flooding tracer
studies.
Application [Program Code(s): 03110, $4,600.
03111, 03112].
B. Licenses for possession and use of
byproduct material for field flooding
tracer studies.
Licensing [Program Code(s): 03113]... Full Cost.
6. Nuclear laundries:\11\
A. Licenses for commercial collection and
laundry of items contaminated with
byproduct material, source material, or
special nuclear material.
Application [Program Code(s): 03218]. $22,200.
7. Medical licenses:\11\
A. Licenses issued under parts 30, 35,
40, and 70 of this chapter for human use
of byproduct material, source material,
or special nuclear material in sealed
sources contained in gamma stereotactic
radiosurgery units, teletherapy devices,
or similar beam therapy devices. Number
of locations of use: 1-5.
Application [Program Code(s): 02300, $11,100.
02310].
(1). Licenses issued under parts 30,
35, 40, and 70 of this chapter for
human use of byproduct material,
source material, or special nuclear
material in sealed sources contained
in gamma stereotactic radiosurgery
units, teletherapy devices, or
similar beam therapy devices. Number
of locations of use: 6-20.
Application [Program Code(s): $14,800.
04510, 04512].
(2). Licenses issued under parts 30,
35, 40, and 70 of this chapter for
human use of byproduct material,
source material, or special nuclear
material in sealed sources contained
in gamma stereotactic radiosurgery
units, teletherapy devices, or
similar beam therapy devices. Number
of locations of use: more than 20.
Application [Program Code(s): $18,500.
04511, 04513].
[[Page 22354]]
B. Licenses of broad scope issued to
medical institutions or two or more
physicians under parts 30, 33, 35, 40,
and 70 of this chapter authorizing
research and development, including
human use of byproduct material, except
licenses for byproduct material, source
material, or special nuclear material in
sealed sources contained in teletherapy
devices. This category also includes the
possession and use of source material
for shielding when authorized on the
same license. Number of locations of
use: 1-5.
Application [Program Code(s): 02110]. $8,700.
(1). Licenses of broad scope issued
to medical institutions or two or
more physicians under parts 30, 33,
35, 40, and 70 of this chapter
authorizing research and
development, including human use of
byproduct material, except licenses
for byproduct material, source
material, or special nuclear
material in sealed sources contained
in teletherapy devices. This
category also includes the
possession and use of source
material for shielding when
authorized on the same license.
Number of locations of use: 6-20.
Application [Program Code(s): $11,500.
04710].
(2). Licenses of broad scope issued
to medical institutions or two or
more physicians under parts 30, 33,
35, 40, and 70 of this chapter
authorizing research and
development, including human use of
byproduct material, except licenses
for byproduct material, source
material, or special nuclear
material in sealed sources contained
in teletherapy devices. This
category also includes the
possession and use of source
material for shielding when
authorized on the same license.
Number of locations of use: More
than 20.
Application [Program Code(s): $14,400.
04711].
C. Other licenses issued under parts 30,
35, 40, and 70 of this chapter for human
use of byproduct material, source
material, and/or special nuclear
material, except licenses for byproduct
material, source material, or special
nuclear material in sealed sources
contained in teletherapy devices.\10\
Number of locations of use: 1-5.
Application [Program Code(s): 02120, $6,600.
02121, 02200, 02201, 02210, 02220,
02230, 02231, 02240, 22160].
(1). Other licenses issued under
parts 30, 35, 40, and 70 of this
chapter for human use of byproduct
material, source material, and/or
special nuclear material, except
licenses for byproduct material,
source material, or special nuclear
material in sealed sources contained
in teletherapy devices.\10\ Number
of locations of use: 6-20.
Application [Program Code(s): $8,700.
04810, 04812, 04814, 04816,
04818, 04820, 04822, 04824,
04826, 04828].
(2). Other licenses issued under
parts 30, 35, 40, and 70 of this
chapter for human use of byproduct
material, source material, and/or
special nuclear material, except
licenses for byproduct material,
source material, or special nuclear
material in sealed sources contained
in teletherapy devices.\10\ Number
of locations of use: More than 20.
Application [Program Code(s): $10,900.
04811, 04813, 04815, 04817,
04819, 04821, 04823, 04825,
04827, 04829].
8. Civil defense:\11\
A. Licenses for possession and use of
byproduct material, source material, or
special nuclear material for civil
defense activities.
Application [Program Code(s): 03710]. $2,600.
9. Device, product, or sealed source safety
evaluation:
A. Safety evaluation of devices or
products containing byproduct material,
source material, or special nuclear
material, except reactor fuel devices,
for commercial distribution.
Application--each device............. $10,800.
B. Safety evaluation of devices or
products containing byproduct material,
source material, or special nuclear
material manufactured in accordance with
the unique specifications of, and for
use by, a single applicant, except
reactor fuel devices.
Application--each device............. $9,000.
C. Safety evaluation of sealed sources
containing byproduct material, source
material, or special nuclear material,
except reactor fuel, for commercial
distribution.
Application--each source............. $5,300.
D. Safety evaluation of sealed sources
containing byproduct material, source
material, or special nuclear material,
manufactured in accordance with the
unique specifications of, and for use
by, a single applicant, except reactor
fuel.
Application--each source............. $1,100.
10. Transportation of radioactive material:
A. Evaluation of casks, packages, and
shipping containers.
1. Spent Fuel, High-Level Waste, and Full Cost.
plutonium air packages.
2. Other Casks....................... Full Cost.
B. Quality assurance program approvals
issued under part 71 of this chapter.
1. Users and Fabricators.
Application...................... $4,200.
Inspections...................... Full Cost.
2. Users.
Application...................... $4,200.
Inspections...................... Full Cost.
C. Evaluation of security plans, route Full Cost.
approvals, route surveys, and
transportation security devices
(including immobilization devices).
11. Review of standardized spent fuel Full Cost.
facilities.
12. Special projects:
Including approvals, pre-application/
licensing activities, and inspections.
Application [Program Code: 25110].... Full Cost.
13. A. Spent fuel storage cask Certificate of Full Cost.
Compliance.
B. Inspections related to storage of Full Cost.
spent fuel under Sec. 72.210 of this
chapter.
14. Decommissioning/Reclamation \11\
[[Page 22355]]
A. Byproduct, source, or special nuclear Full Cost.
material licenses and other approvals
authorizing decommissioning,
decontamination, reclamation, or site
restoration activities under parts 30,
40, 70, 72, and 76 of this chapter,
including master materials licenses
(MMLs). The transition to this fee
category occurs when a licensee has
permanently ceased principal activities.
[Program Code(s): 03900, 11900, 21135,
21215, 21240, 21325, 22200].
B. Site-specific decommissioning Full Cost.
activities associated with unlicensed
sites, including MMLs, regardless of
whether or not the sites have been
previously licensed.
15. Import and Export licenses:\12\
Licenses issued under part 110 of this
chapter for the import and export only
of special nuclear material, source
material, tritium and other byproduct
material, and the export only of heavy
water, or nuclear grade graphite (fee
categories 15.A. through 15.E.).
A. Application for export or import of
nuclear materials, including radioactive
waste requiring Commission and Executive
Branch review, for example, those
actions under 10 CFR 110.40(b).
Application--new license, or N/A.
amendment; or license exemption
request.
B. Application for export or import of
nuclear material, including radioactive
waste, requiring Executive Branch
review, but not Commission review. This
category includes applications for the
export and import of radioactive waste
and requires the NRC to consult with
domestic host state authorities (i.e.,
Low-Level Radioactive Waste Compact
Commission, the U.S. Environmental
Protection Agency, etc.).
Application--new license, or N/A.
amendment; or license exemption
request.
C. Application for export of nuclear
material, for example, routine reloads
of low enriched uranium reactor fuel and/
or natural uranium source material
requiring the assistance of the
Executive Branch to obtain foreign
government assurances.
Application--new license, or N/A.
amendment; or license exemption
request.
D. Application for export or import of
nuclear material not requiring
Commission or Executive Branch review,
or obtaining foreign government
assurances.
Application--new license, or N/A.
amendment; or license exemption
request.
E. Minor amendment of any active export
or import license, for example, to
extend the expiration date, change
domestic information, or make other
revisions which do not involve any
substantive changes to license terms and
conditions or to the type/quantity/
chemical composition of the material
authorized for export and, therefore, do
not require in-depth analysis, review,
or consultations with other Executive
Branch, U.S. host state, or foreign
government authorities.
Minor amendment...................... N/A.
Licenses issued under part 110 of this
chapter for the import and export only
of Category 1 and Category 2 quantities
of radioactive material listed in
appendix P to part 110 of this chapter
(fee categories 15.F. through 15.R.).
Category 1 (Appendix P, 10 CFR Part 110)
Exports:
F. Application for export of appendix P
Category 1 materials requiring
Commission review (e.g., exceptional
circumstance review under 10 CFR
110.42(e)(4)) and to obtain one
government-to-government consent for
this process. For additional consent see
fee category 15.I.
Application--new license, or N/A.
amendment; or license exemption
request.
G. Application for export of appendix P
Category 1 materials requiring Executive
Branch review and to obtain one
government-to-government consent for
this process. For additional consents
see fee category 15.I.
Application--new license, or N/A.
amendment; or license exemption
request.
H. Application for export of appendix P
Category 1 materials and to obtain one
government-to-government consent for
this process. For additional consents
see fee category 15.I.
Application--new license, or N/A.
amendment; or license exemption
request.
I. Requests for each additional
government-to-government consent in
support of an export license application
or active export license.
Application--new license, or N/A.
amendment; or license exemption
request.
Category 2 (Appendix P, 10 CFR Part 110)
Exports:
J. Application for export of appendix P
Category 2 materials requiring
Commission review (e.g., exceptional
circumstance review under 10 CFR
110.42(e)(4)).
Application--new license, or N/A.
amendment; or license exemption
request.
K. Applications for export of appendix P
Category 2 materials requiring Executive
Branch review.
Application--new license, or N/A.
amendment; or license exemption
request.
L. Application for the export of Category
2 materials.
Application--new license, or N/A.
amendment; or license exemption
request.
M. [Reserved]............................ N/A.
N. [Reserved]............................ N/A.
O. [Reserved]............................ N/A.
P. [Reserved]............................ N/A.
Q. [Reserved]............................ N/A.
Minor Amendments (Category 1 and 2, Appendix
P, 10 CFR Part 110, Export):
R. Minor amendment of any active export
license, for example, to extend the
expiration date, change domestic
information, or make other revisions
which do not involve any substantive
changes to license terms and conditions
or to the type/quantity/chemical
composition of the material authorized
for export and, therefore, do not
require in-depth analysis, review, or
consultations with other Executive
Branch, U.S. host state, or foreign
authorities.
Minor amendment...................... N/A.
16. Reciprocity:
Agreement State licensees who conduct
activities under the reciprocity
provisions of 10 CFR 150.20.
Application.............................. $2,100.
17. Master materials licenses of broad scope
issued to Government agencies.
Application [Program Code(s): 03614]..... Full Cost.
18. Department of Energy.
[[Page 22356]]
A. Certificates of Compliance. Evaluation Full Cost.
of casks, packages, and shipping
containers (including spent fuel, high-
level waste, and other casks, and
plutonium air packages).
B. Uranium Mill Tailings Radiation Full Cost.
Control Act (UMTRCA) activities.
------------------------------------------------------------------------
\1\ Types of fees--Separate charges, as shown in the schedule, will be
assessed for pre-application consultations and reviews; applications
for new licenses, approvals, or license terminations; possession-only
licenses; issuances of new licenses and approvals; certain amendments
and renewals to existing licenses and approvals; safety evaluations of
sealed sources and devices; generally licensed device registrations;
and certain inspections. The following guidelines apply to these
charges:
(a) Application and registration fees. Applications for new materials
licenses and export and import licenses; applications to reinstate
expired, terminated, or inactive licenses, except those subject to
fees assessed at full costs; applications filed by Agreement State
licensees to register under the general license provisions of 10 CFR
150.20; and applications for amendments to materials licenses that
would place the license in a higher fee category or add a new fee
category must be accompanied by the prescribed application fee for
each category.
(1) Applications for licenses covering more than one fee category of
special nuclear material or source material must be accompanied by the
prescribed application fee for the highest fee category.
(2) Applications for new licenses that cover both byproduct material and
special nuclear material in sealed sources for use in gauging devices
will pay the appropriate application fee for fee category 1.C. only.
(b) Licensing fees. Fees for reviews of applications for new licenses,
renewals, and amendments to existing licenses, pre-application
consultations and other documents submitted to the NRC for review, and
project manager time for fee categories subject to full cost fees are
due upon notification by the Commission in accordance with Sec.
170.12(b).
(c) Amendment fees. Applications for amendments to export and import
licenses must be accompanied by the prescribed amendment fee for each
license affected. An application for an amendment to an export or
import license or approval classified in more than one fee category
must be accompanied by the prescribed amendment fee for the category
affected by the amendment, unless the amendment is applicable to two
or more fee categories, in which case the amendment fee for the
highest fee category would apply.
(d) Inspection fees. Inspections resulting from investigations conducted
by the Office of Investigations and nonroutine inspections that result
from third-party allegations are not subject to fees. Inspection fees
are due upon notification by the Commission in accordance with Sec.
170.12(c).
(e) Generally licensed device registrations under 10 CFR 31.5.
Submittals of registration information must be accompanied by the
prescribed fee.
\2\ Fees will not be charged for orders related to civil penalties or
other civil sanctions issued by the Commission under 10 CFR 2.202 or
for amendments resulting specifically from the requirements of these
orders. For orders unrelated to civil penalties or other civil
sanctions, fees will be charged for any resulting licensee-specific
activities not otherwise exempted from fees under this chapter. Fees
will be charged for approvals issued under a specific exemption
provision of the Commission's regulations under title 10 of the Code
of Federal Regulations (e.g., 10 CFR 30.11, 40.14, 70.14, 73.5, and
any other sections in effect now or in the future), regardless of
whether the approval is in the form of a license amendment, letter of
approval, safety evaluation report, or other form. In addition to the
fee shown, an applicant may be assessed an additional fee for sealed
source and device evaluations as shown in fee categories 9.A. through
9.D.
\3\ Full cost fees will be determined based on the professional staff
time multiplied by the appropriate professional hourly rate
established in Sec. 170.20 in effect when the service is provided,
and the appropriate contractual support services expended.
\4\ Licensees paying fees under categories 1.A., 1.B., and 1.E. are not
subject to fees under categories 1.C., 1.D. and 1.F. for sealed
sources authorized in the same license, except for an application that
deals only with the sealed sources authorized by the license.
\5\ Persons who possess radium sources that are used for operational
purposes in another fee category are not also subject to the fees in
this category. (This exception does not apply if the radium sources
are possessed for storage only.)
\6\ Licensees subject to fees under fee categories 1.A., 1.B., 1.E., or
2.A. must pay the largest applicable fee and are not subject to
additional fees listed in this table.
\7\ Licensees paying fees under 3.C., 3.C.1, or 3.C.2 are not subject to
fees under 2.B. for possession and shielding authorized on the same
license.
\8\ Licensees paying fees under 7.C. are not subject to fees under 2.B.
for possession and shielding authorized on the same license.
\9\ Licensees paying fees under 3.N. are not subject to paying fees
under 3.P., 3.P.1, or 3.P.2 for calibration or leak testing services
authorized on the same license.
\10\ Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject
to paying fees under 7.C., 7.C.1, or 7.C.2. for broad scope licenses
issued under parts 30, 35, 40, and 70 of this chapter for human use of
byproduct material, source material, and/or special nuclear material,
except licenses for byproduct material, source material, or special
nuclear material in sealed sources contained in teletherapy devices
authorized on the same license.
\11\ A materials license (or part of a materials license) that
transitions to fee category 14.A is assessed full-cost fees under 10
CFR part 170, but is not assessed an annual fee under 10 CFR part 171.
If only part of a materials license is transitioned to fee category
14.A, the licensee may be charged annual fees (and any applicable 10
CFR part 170 fees) for other activities authorized under the license
that are not in decommissioning status.
\12\ Because the Energy and Water, Legislative Branch, and Military
Construction and Veterans Affairs Appropriations Act, 2019, excludes
international activities from the fee-recoverable budget in FY 2019,
import and export licensing actions will not be charged fees.
PART 171--ANNUAL FEES FOR REACTOR LICENSES AND FUEL CYCLE LICENSES
AND MATERIALS LICENSES, INCLUDING HOLDERS OF CERTIFICATES OF
COMPLIANCE, REGISTRATIONS, AND QUALITY ASSURANCE PROGRAM APPROVALS
AND GOVERNMENT AGENCIES LICENSED BY THE NRC
0
4. The authority citation for part 171 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 161(w), 223,
234 (42 U.S.C. 2014, 2201(w), 2273, 2282); Energy Reorganization Act
of 1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2214; 44 U.S.C. 3504
note.
0
5. In Sec. 171.15, revise paragraphs (a), (b)(1), (b)(2) introductory
text, (c)(1), (c)(2) introductory text, (d)(1) introductory text,
(d)(2) and (3), and (f) to read as follows:
Sec. 171.15 Annual fees: Reactor licenses and independent spent fuel
storage licenses.
(a) Each person holding an operating license for a power, test, or
research reactor; each person holding a combined license under part 52
of this chapter after the Commission has made the finding under 10 CFR
52.103(g); each person holding a part 50 or part 52 power reactor
license that is in decommissioning or possession only status, except
those that have no spent fuel onsite; and each person holding a part 72
license who does not hold a part 50 or part 52 license and provides
notification in accordance with 10 CFR 72.80(g), shall pay the annual
fee for each license held during the Federal fiscal year in which the
fee is due. This paragraph does not apply to test or research reactors
exempted under Sec. 171.11(b).
[[Page 22357]]
(b)(1) The FY 2019 annual fee for each operating power reactor that
must be collected by September 30, 2019, is $4,669,000.
(2) The FY 2019 annual fees are comprised of a base annual fee for
power reactors licensed to operate, a base spent fuel storage/reactor
decommissioning annual fee and associated additional charges (fee-
relief adjustment). The activities comprising the spent fuel storage/
reactor decommissioning base annual fee are shown in paragraphs
(c)(2)(i) and (ii) of this section. The activities comprising the FY
2019 fee-relief adjustment are shown in paragraph (d)(1) of this
section. The activities comprising the FY 2019 base annual fee for
operating power reactors are as follows:
* * * * *
(c)(1) The FY 2019 annual fee for each power reactor holding a 10
CFR part 50 license that is in a decommissioning or possession-only
status and has spent fuel onsite, and for each independent spent fuel
storage 10 CFR part 72 licensee who does not hold a 10 CFR part 50
license, is $152,000.
(2) The FY 2019 annual fee is comprised of a base spent fuel
storage/reactor decommissioning annual fee (which is also included in
the operating power reactor annual fee shown in paragraph (b) of this
section) and a fee-relief adjustment. The activities comprising the FY
2019 fee-relief adjustment are shown in paragraph (d)(1) of this
section. The activities comprising the FY 2019 spent fuel storage/
reactor decommissioning rebaselined annual fee are:
* * * * *
(d)(1) The fee-relief adjustment allocated to annual fees includes
a surcharge for the activities listed in paragraph (d)(1)(i) of this
section, plus the amount remaining after total budgeted resources for
the activities included in paragraphs (d)(1)(ii) and (iii) of this
section are reduced by the appropriations the NRC receives for these
types of activities. If the NRC's appropriations for these types of
activities are greater than the budgeted resources for the activities
included in paragraphs (d)(1)(ii) and (iii) of this section for a given
fiscal year, annual fees will be reduced. The activities comprising the
FY 2019 fee-relief adjustment are as follows:
* * * * *
(2) The total FY 2019 fee-relief adjustment allocated to the
operating power reactor class of licenses is a $219,777 fee-relief
surcharge, not including the amount allocated to the spent fuel
storage/reactor decommissioning class. The FY 2019 operating power
reactor fee-relief adjustment to be assessed to each operating power
reactor is approximately a $2,243 fee-relief surcharge. This amount is
calculated by dividing the total operating power reactor fee-relief
surcharge, $219,777, by the number of operating power reactors (98).
(3) The FY 2019 fee-relief adjustment allocated to the spent fuel
storage/reactor decommissioning class of licenses is a $11,888 fee-
relief surcharge. The FY 2019 spent fuel storage/reactor
decommissioning fee relief adjustment to be assessed to each operating
power reactor, each power reactor in decommissioning or possession-only
status that has spent fuel onsite, and to each independent spent fuel
storage 10 CFR part 72 licensee who does not hold a 10 CFR part 50
license, is a $97.44 fee-relief surcharge. This amount is calculated by
dividing the total fee-relief surcharge by the total number of power
reactors licenses, except those that permanently ceased operations and
have no fuel onsite, and 10 CFR part 72 licensees who do not hold a 10
CFR part 50 license.
* * * * *
(f) The FY 2019 annual fees for licensees authorized to operate a
research or test (non-power) reactor licensed under 10 CFR part 50,
unless the reactor is exempted from fees under Sec. 171.11(b), are as
follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Research reactor............................................. $82,400
Test reactor................................................. 82,400
------------------------------------------------------------------------
0
6. In Sec. 171.16, revise paragraphs (c), (d), and (e) introductory
text to read as follows:
Sec. 171.16 Annual fees: Materials licensees, holders of certificates
of compliance, holders of sealed source and device registrations,
holders of quality assurance program approvals, and government agencies
licensed by the NRC.
* * * * *
(c) A licensee who is required to pay an annual fee under this
section, in addition to 10 CFR part 72 licenses, may qualify as a small
entity. If a licensee qualifies as a small entity and provides the
Commission with the proper certification along with its annual fee
payment, the licensee may pay reduced annual fees as shown in the
following table. Failure to file a small entity certification in a
timely manner could result in the receipt of a delinquent invoice
requesting the outstanding balance due and/or denial of any refund that
might otherwise be due. The small entity fees are as follows:
------------------------------------------------------------------------
Maximum annual
fee per
licensed
category
------------------------------------------------------------------------
Small Businesses Not Engaged in Manufacturing (Average
gross receipts over last 3 completed fiscal years):
$485,000 to $7 million.............................. $4,500
Less than $485,000.................................. 900
Small Not-For-Profit Organizations (Annual Gross
Receipts):
$485,000 to $7 million.............................. 4,500
Less than $485,000.................................. 900
Manufacturing Entities that Have An Average of 500
Employees or Fewer:
35 to 500 employees................................. 4,500
Fewer than 35 employees............................. 900
Small Governmental Jurisdictions (Including publicly
supported educational institutions) (Population):
20,000 to 49,999.................................... 4,500
Fewer than 20,000................................... 900
Educational Institutions that are not State or Publicly
Supported, and have 500 Employees or Fewer
35 to 500 employees................................. 4,500
Fewer than 35 employees............................. 900
------------------------------------------------------------------------
[[Page 22358]]
(d) The FY 2019 annual fees are comprised of a base annual fee and
an allocation for fee-relief adjustment. The activities comprising the
FY 2019 fee-relief adjustment are shown for convenience in paragraph
(e) of this section. The FY 2019 annual fees for materials licensees
and holders of certificates, registrations, or approvals subject to
fees under this section are shown in the following table:
Schedule of Materials Annual Fees and Fees for Government Agencies
Licensed by NRC
[See footnotes at end of table]
------------------------------------------------------------------------
Annual fees 1
Category of materials licenses 2 3
------------------------------------------------------------------------
1. Special nuclear material:
A. (1) Licenses for possession and use of U-235 or
plutonium for fuel fabrication activities.
(a) Strategic Special Nuclear Material (High $6,675,000
Enriched Uranium) \15\ [Program Code(s): 21130]
(b) Low Enriched Uranium in Dispersible Form 2,262,000
Used for Fabrication of Power Reactor Fuel \15\
[Program Code(s): 21210].......................
(2) All other special nuclear materials licenses not
included in Category 1.A.(1) which are licensed for
fuel cycle activities.
(a) Facilities with limited operations \15\ N/A
[Program Code(s): 21310, 21320]................
(b) Gas centrifuge enrichment demonstration N/A
facility \15\..................................
(c) Others, including hot cell facility \15\.... N/A
B. Licenses for receipt and storage of spent fuel N/A
and reactor-related Greater than Class C (GTCC)
waste at an independent spent fuel storage
installation (ISFSI) 11 15 [Program Code(s): 23200]
C. Licenses for possession and use of special 2,900
nuclear material of less than a critical mass, as
defined in Sec. 70.4 of this chapter, in sealed
sources contained in devices used in industrial
measuring systems, including x-ray fluorescence
analyzers. [Program Code(s): 22140]................
D. All other special nuclear material licenses, 7,300
except licenses authorizing special nuclear
material in sealed or unsealed form in combination
that would constitute a critical mass, as defined
in Sec. 70.4 of this chapter, for which the
licensee shall pay the same fees as those under
Category 1.A. [Program Code(s): 22110, 22111,
22120, 22131, 22136, 22150, 22151, 22161, 22170,
23100, 23300, 23310]...............................
E. Licenses or certificates for the operation of a 2,909,000
uranium enrichment facility \15\ [Program Code(s):
21200].............................................
F. Licenses for possession and use of special 5,300
nuclear materials greater than critical mass, as
defined in Sec. 70.4 of this chapter, for
development and testing of commercial products, and
other non-fuel cycle activities. \4\ [Program Code:
22155].............................................
2. Source material:
A. (1) Licenses for possession and use of source 1,417,000
material for refining uranium mill concentrates to
uranium hexafluoride or for deconverting uranium
hexafluoride in the production of uranium oxides
for disposal.\15\ [Program Code: 11400]............
(2) Licenses for possession and use of source
material in recovery operations such as
milling, in-situ recovery, heap-leaching, ore
buying stations, ion-exchange facilities and in-
processing of ores containing source material
for extraction of metals other than uranium or
thorium, including licenses authorizing the
possession of byproduct waste material
(tailings) from source material recovery
operations, as well as licenses authorizing the
possession and maintenance of a facility in a
standby mode.
(a) Conventional and Heap Leach facilities N/A
\15\ [Program Code(s): 11100]..............
(b) Basic In Situ Recovery facilities \15\ 49,200
[Program Code(s): 11500]...................
(c) Expanded In Situ Recovery facilities N/A
\15\ [Program Code(s): 11510]..............
(d) In Situ Recovery Resin facilities \15\ \5\ N/A
[Program Code(s): 11550]...................
(e) Resin Toll Milling facilities \15\ \5\ N/A
[Program Code(s): 11555]...................
(3) Licenses that authorize the receipt of \5\ N/A
byproduct material, as defined in Section
11e.(2) of the Atomic Energy Act, from other
persons for possession and disposal, except
those licenses subject to the fees in Category
2.A.(2) or Category 2.A.(4) \15\ [Program
Code(s): 11600, 12000].........................
(4) Licenses that authorize the receipt of N/A
byproduct material, as defined in Section
11e.(2) of the Atomic Energy Act, from other
persons for possession and disposal incidental
to the disposal of the uranium waste tailings
generated by the licensee's milling operations,
except those licenses subject to the fees in
Category 2.A.(2) \15\ [Program Code(s): 12010].
B. Licenses which authorize the possession, use, and/ 3,100
or installation of source material for shielding.16
17 Application [Program Code(s): 11210]............
C. Licenses to distribute items containing source 7,900
material to persons exempt from the licensing
requirements of part 40 of this chapter. [Program
Code: 11240].......................................
D. Licenses to distribute source material to persons 6,100
generally licensed under part 40 of this chapter
[Program Code(s): 11230 and 11231].................
E. Licenses for possession and use of source 7,400
material for processing or manufacturing of
products or materials containing source material
for commercial distribution. [Program Code: 11710].
F. All other source material licenses. [Program 9,300
Code(s): 11200, 11220, 11221, 11300, 11800, 11810,
11820].............................................
3. Byproduct material:
A. Licenses of broad scope for possession and use of 28,600
byproduct material issued under parts 30 and 33 of
this chapter for processing or manufacturing of
items containing byproduct material for commercial
distribution. Number of locations of use: 1-5.
[Program Code(s): 03211, 03212, 03213].............
(1). Licenses of broad scope for the possession 38,000
and use of byproduct material issued under
parts 30 and 33 of this chapter for processing
or manufacturing of items containing byproduct
material for commercial distribution. Number of
locations of use: 6-20. [Program Code(s):
03211, 03212, 03213]...........................
(2). Licenses of broad scope for the possession 47,300
and use of byproduct material issued under
parts 30 and 33 of this chapter for processing
or manufacturing of items containing byproduct
material for commercial distribution. Number of
locations of use: More than 20. [Program
Code(s): 04011, 04013, 04015]..................
B. Other licenses for possession and use of 11,600
byproduct material issued under part 30 of this
chapter for processing or manufacturing of items
containing byproduct material for commercial
distribution. Number of locations of use: 1-5.
[Program Code(s): 03214, 03215, 22135, 22162]......
[[Page 22359]]
(1). Other licenses for possession and use of 15,400
byproduct material issued under part 30 of this
chapter for processing or manufacturing of
items containing byproduct material for
commercial distribution. Number of locations of
use: 6-20. [Program Code(s): 04110, 04112,
04114, 04116]..................................
(2). Other licenses for possession and use of 19,000
byproduct material issued under part 30 of this
chapter for processing or manufacturing of
items containing byproduct material for
commercial distribution. Number of locations of
use: More than 20. [Program Code(s): 04111,
04113, 04115, 04117]...........................
C. Licenses issued under Sec. Sec. 32.72 and/or 10,800
32.74 of this chapter that authorize the processing
or manufacturing and distribution or redistribution
of radiopharmaceuticals, generators, reagent kits,
and/or sources and devices containing byproduct
material. This category does not apply to licenses
issued to nonprofit educational institutions whose
processing or manufacturing is exempt under Sec.
170.11(a)(4). Number of locations of use: 1-5.
[Program Code(s): 02500, 02511, 02513].............
(1). Licenses issued under Sec. Sec. 32.72 14,300
and/or 32.74 of this chapter that authorize the
processing or manufacturing and distribution or
redistribution of radiopharmaceuticals,
generators, reagent kits, and/or sources and
devices containing byproduct material. This
category does not apply to licenses issued to
nonprofit educational institutions whose
processing or manufacturing is exempt under
Sec. 170.11(a)(4). Number of locations of
use: 6-20. [Program Code(s): 04210, 04212,
04214].........................................
(2). Licenses issued under Sec. Sec. 32.72 17,800
and/or 32.74 of this chapter that authorize the
processing or manufacturing and distribution or
redistribution of radiopharmaceuticals,
generators, reagent kits, and/or sources and
devices containing byproduct material. This
category does not apply to licenses issued to
nonprofit educational institutions whose
processing or manufacturing is exempt under
Sec. 170.11(a)(4). Number of locations of
use: More than 20. [Program Code(s): 04211,
04213, 04215]..................................
D. [Reserved]....................................... \5\ N/A
E. Licenses for possession and use of byproduct 11,900
material in sealed sources for irradiation of
materials in which the source is not removed from
its shield (self-shielded units) [Program Code(s):
03510, 03520]......................................
F. Licenses for possession and use of less than or 11,000
equal to 10,000 curies of byproduct material in
sealed sources for irradiation of materials in
which the source is exposed for irradiation
purposes. This category also includes underwater
irradiators for irradiation of materials in which
the source is not exposed for irradiation purposes
[Program Code(s): 03511]...........................
G. Licenses for possession and use of greater than 88,000
10,000 curies of byproduct material in sealed
sources for irradiation of materials in which the
source is exposed for irradiation purposes. This
category also includes underwater irradiators for
irradiation of materials in which the source is not
exposed for irradiation purposes [Program Code(s):
03521].............................................
H. Licenses issued under subpart A of part 32 of 10,900
this chapter to distribute items containing
byproduct material that require device review to
persons exempt from the licensing requirements of
part 30 of this chapter, except specific licenses
authorizing redistribution of items that have been
authorized for distribution to persons exempt from
the licensing requirements of part 30 of this
chapter [Program Code(s): 03254, 03255, 03257].....
I. Licenses issued under subpart A of part 32 of 17,600
this chapter to distribute items containing
byproduct material or quantities of byproduct
material that do not require device evaluation to
persons exempt from the licensing requirements of
part 30 of this chapter, except for specific
licenses authorizing redistribution of items that
have been authorized for distribution to persons
exempt from the licensing requirements of part 30
of this chapter [Program Code(s): 03250, 03251,
03252, 03253, 03256]...............................
J. Licenses issued under subpart B of part 32 of 4,200
this chapter to distribute items containing
byproduct material that require sealed source and/
or device review to persons generally licensed
under part 31 of this chapter, except specific
licenses authorizing redistribution of items that
have been authorized for distribution to persons
generally licensed under part 31 of this chapter.
[Program Code(s): 03240, 03241, 03243].............
K. Licenses issued under subpart B of part 32 of 3,100
this chapter to distribute items containing
byproduct material or quantities of byproduct
material that do not require sealed source and/or
device review to persons generally licensed under
part 31 of this chapter, except specific licenses
authorizing redistribution of items that have been
authorized for distribution to persons generally
licensed under part 31 of this chapter [Program
Code(s): 03242, 03244].............................
L. Licenses of broad scope for possession and use of 15,300
byproduct material issued under parts 30 and 33 of
this chapter for research and development that do
not authorize commercial distribution. Number of
locations of use: 1-5. [Program Code(s): 01100,
01110, 01120, 03610, 03611, 03612, 03613]..........
(1) Licenses of broad scope for possession and 20,300
use of product material issued under parts 30
and 33 of this chapter for research and
development that do not authorize commercial
distribution. Number of locations of use: 6-20.
[Program Code(s): 04610, 04612, 04614, 04616,
04618, 04620, 04622]...........................
(2) Licenses of broad scope for possession and 25,300
use of byproduct material issued under parts 30
and 33 of this chapter for research and
development that do not authorize commercial
distribution. Number of locations of use: More
than 20. [Program Code(s): 04611, 04613, 04615,
04617, 04619, 04621, 04623]....................
M. Other licenses for possession and use of 14,900
byproduct material issued under part 30 of this
chapter for research and development that do not
authorize commercial distribution [Program Code(s):
03620].............................................
N. Licenses that authorize services for other 18,600
licensees, except: (1) Licenses that authorize only
calibration and/or leak testing services are
subject to the fees specified in fee Category 3.P.;
and (2) Licenses that authorize waste disposal
services are subject to the fees specified in fee
categories 4.A., 4.B., and 4.C. [Program Code(s):
03219, 03225, 03226]...............................
O. Licenses for possession and use of byproduct 30,200
material issued under part 34 of this chapter for
industrial radiography operations. This category
also includes the possession and use of source
material for shielding authorized under part 40 of
this chapter when authorized on the same license
Number of locations of use: 1-5. [Program Code(s):
03310, 03320]......................................
(1). Licenses for possession and use of 40,300
byproduct material issued under part 34 of this
chapter for industrial radiography operations.
This category also includes the possession and
use of source material for shielding authorized
under part 40 of this chapter when authorized
on the same license. Number of locations of
use: 6-20. [Program Code(s): 04310, 04312].....
[[Page 22360]]
(2). Licenses for possession and use of 50,200
byproduct material issued under part 34 of this
chapter for industrial radiography operations.
This category also includes the possession and
use of source material for shielding authorized
under part 40 of this chapter when authorized
on the same license. Number of locations of
use: More than 20. [Program Code(s): 04311,
04313].........................................
P. All other specific byproduct material licenses, 10,000
except those in Categories 4.A. through 9.D.\18\
Number of locations of use: 1-5. [Program Code(s):
02400, 02410, 03120, 03121, 03122, 03123, 03124,
03140, 03130, 03220, 03221, 03222, 03800, 03810,
22130].............................................
(1). All other specific byproduct material 13,400
licenses, except those in Categories 4.A.
through 9.D.\18\ Number of locations of use: 6-
20. [Program Code(s): 04410, 04412, 04414,
04416, 04418, 04420, 04422, 04424, 04426,
04428, 04430, 04432, 04434, 04436, 04438]......
(2). All other specific byproduct material 16,700
licenses, except those in Categories 4.A.
through 9.D.\18\ Number of locations of use:
More than 20. [Program Code(s): 04411, 04413,
04415, 04417, 04419, 04421, 04423, 04425,
04427, 04429, 04431, 04433, 04435, 04437,
04439].........................................
Q. Registration of devices generally licensed under \13\ N/A
part 31 of this chapter............................
R. Possession of items or products containing radium-
226 identified in 10 CFR 31.12 which exceed the
number of items or limits specified in that
section: \14\
(1). Possession of quantities exceeding the 7,100
number of items or limits in 10 CFR
31.12(a)(4), or (5) but less than or equal to
10 times the number of items or limits
specified [Program Code(s): 02700].............
(2). Possession of quantities exceeding 10 times 7,500
the number of items or limits specified in 10
CFR 31.12(a)(4) or (5) [Program Code(s): 02710]
S. Licenses for production of accelerator-produced 31,000
radionuclides [Program Code(s): 03210].............
4. Waste disposal and processing:
A. Licenses specifically authorizing the receipt of 32,600
waste byproduct material, source material, or
special nuclear material from other persons for the
purpose of contingency storage or commercial land
disposal by the licensee; or licenses authorizing
contingency storage of low-level radioactive waste
at the site of nuclear power reactors; or licenses
for receipt of waste from other persons for
incineration or other treatment, packaging of
resulting waste and residues, and transfer of
packages to another person authorized to receive or
dispose of waste material [Program Code(s): 03231,
03233, 03235, 03236, 06100, 06101].................
B. Licenses specifically authorizing the receipt of 18,400
waste byproduct material, source material, or
special nuclear material from other persons for the
purpose of packaging or repackaging the material.
The licensee will dispose of the material by
transfer to another person authorized to receive or
dispose of the material [Program Code(s): 03234]...
C. Licenses specifically authorizing the receipt of 10,500
prepackaged waste byproduct material, source
material, or special nuclear material from other
persons. The licensee will dispose of the material
by transfer to another person authorized to receive
or dispose of the material [Program Code(s): 03232]
5. Well logging:
A. Licenses for possession and use of byproduct 14,600
material, source material, and/or special nuclear
material for well logging, well surveys, and tracer
studies other than field flooding tracer studies
[Program Code(s): 03110, 03111, 03112].............
B. Licenses for possession and use of byproduct \5\ N/A
material for field flooding tracer studies.
[Program Code(s): 03113]...........................
6. Nuclear laundries:
A. Licenses for commercial collection and laundry of 35,200
items contaminated with byproduct material, source
material, or special nuclear material [Program
Code(s): 03218]
7. Medical licenses:
A. Licenses issued under parts 30, 35, 40, and 70 of 26,100
this chapter for human use of byproduct material,
source material, or special nuclear material in
sealed sources contained in gamma stereotactic
radiosurgery units, teletherapy devices, or similar
beam therapy devices. This category also includes
the possession and use of source material for
shielding when authorized on the same license.\9\
Number of locations of use: 1-5. [Program Code(s):
02300, 02310]......................................
(1). Licenses issued under parts 30, 35, 40, and 34,600
70 of this chapter for human use of byproduct
material, source material, or special nuclear
material in sealed sources contained in gamma
stereotactic radiosurgery units, teletherapy
devices, or similar beam therapy devices. This
category also includes the possession and use
of source material for shielding when
authorized on the same license.\9\ Number of
locations of use: 6-20. [Program Code(s):
04510, 04512]..................................
(2). Licenses issued under parts 30, 35, 40, and 43,300
70 of this chapter for human use of byproduct
material, source material, or special nuclear
material in sealed sources contained in gamma
stereotactic radiosurgery units, teletherapy
devices, or similar beam therapy devices. This
category also includes the possession and use
of source material for shielding when
authorized on the same license.\9\ Number of
locations of use: More than 20. [Program
Code(s): 04511, 04513].........................
B. Licenses of broad scope issued to medical 31,600
institutions or two or more physicians under parts
30, 33, 35, 40, and 70 of this chapter authorizing
research and development, including human use of
byproduct material, except licenses for byproduct
material, source material, or special nuclear
material in sealed sources contained in teletherapy
devices. This category also includes the possession
and use of source material for shielding when
authorized on the same license.\9\ Number of
locations of use: 1-5. [Program Code(s): 02110]....
(1). Licenses of broad scope issued to medical 41,900
institutions or two or more physicians under
parts 30, 33, 35, 40, and 70 of this chapter
authorizing research and development, including
human use of byproduct material, except
licenses for byproduct material, source
material, or special nuclear material in sealed
sources contained in teletherapy devices. This
category also includes the possession and use
of source material for shielding when
authorized on the same license.\9\ Number of
locations of use: 6-20. [Program Code(s):
04710].........................................
[[Page 22361]]
(2). Licenses of broad scope issued to medical 52,200
institutions or two or more physicians under
parts 30, 33, 35, 40, and 70 of this chapter
authorizing research and development, including
human use of byproduct material, except
licenses for byproduct material, source
material, or special nuclear material in sealed
sources contained in teletherapy devices. This
category also includes the possession and use
of source material for shielding when
authorized on the same license.\9\ Number of
locations of use: More than 20. [Program
Code(s): 04711]................................
C. Other licenses issued under parts 30, 35, 40, and 15,300
70 of this chapter for human use of byproduct
material, source material, and/or special nuclear
material, except licenses for byproduct material,
source material, or special nuclear material in
sealed sources contained in teletherapy devices.
This category also includes the possession and use
of source material for shielding when authorized on
the same license.9 19 Number of locations of use: 1-
5. [Program Code(s): 02120, 02121, 02200, 02201,
02210, 02220, 02230, 02231, 02240, 22160]..........
(1). Other licenses issued under parts 30, 35, 20,200
40, and 70 of this chapter for human use of
byproduct material, source material, and/or
special nuclear material, except licenses for
byproduct material, source material, or special
nuclear material in sealed sources contained in
teletherapy devices. This category also
includes the possession and use of source
material for shielding when authorized on the
same license.9 19 Number of locations of use: 6-
20. [Program Code(s): 04810, 04812, 04814,
04816, 04818, 04820, 04822, 04824, 04826,
04828].........................................
(2). Other licenses issued under parts 30, 35, 25,300
40, and 70 of this chapter for human use of
byproduct material, source material, and/or
special nuclear material, except licenses for
byproduct material, source material, or special
nuclear material in sealed sources contained in
teletherapy devices. This category also
includes the possession and use of source
material for shielding when authorized on the
same license.9 19 Number of locations of use:
More than 20. [Program Code(s): 04811, 04813,
04815, 04817, 04819, 04821, 04823, 04825,
04827, 04829]..................................
8. Civil defense:
A. Licenses for possession and use of byproduct 7,100
material, source material, or special nuclear
material for civil defense activities [Program
Code(s): 03710]....................................
9. Device, product, or sealed source safety evaluation:
A. Registrations issued for the safety evaluation of 14,300
devices or products containing byproduct material,
source material, or special nuclear material,
except reactor fuel devices, for commercial
distribution.......................................
B. Registrations issued for the safety evaluation of 11,900
devices or products containing byproduct material,
source material, or special nuclear material
manufactured in accordance with the unique
specifications of, and for use by, a single
applicant, except reactor fuel devices.............
C. Registrations issued for the safety evaluation of 7,000
sealed sources containing byproduct material,
source material, or special nuclear material,
except reactor fuel, for commercial distribution...
D. Registrations issued for the safety evaluation of 1,500
sealed sources containing byproduct material,
source material, or special nuclear material,
manufactured in accordance with the unique
specifications of, and for use by, a single
applicant, except reactor fuel.....................
10. Transportation of radioactive material:
A. Certificates of Compliance or other package
approvals issued for design of casks, packages, and
shipping containers.
1. Spent Fuel, High-Level Waste, and plutonium \6\ N/A
air packages...................................
2. Other Casks.................................. \6\ N/A
B. Quality assurance program approvals issued under
part 71 of this chapter.
1. Users and Fabricators........................ \6\ N/A
2. Users........................................ \6\ N/A
C. Evaluation of security plans, route approvals, \6\ N/A
route surveys, and transportation security devices
(including immobilization devices).................
11. Standardized spent fuel facilities.................. \6\ N/A
12. Special Projects [Program Code(s): 25110]........... \6\ N/A
13. A. Spent fuel storage cask Certificate of Compliance \6\ N/A
B. General licenses for storage of spent fuel under \12\ N/A
10 CFR 72.210......................................
14. Decommissioning/Reclamation:
A. Byproduct, source, or special nuclear material 7 20 N/A
licenses and other approvals authorizing
decommissioning, decontamination, reclamation, or
site restoration activities under parts 30, 40, 70,
72, and 76 of this chapter, including master
materials licenses (MMLs). The transition to this
fee category occurs when a licensee has permanently
ceased principal activities. [Program Code(s):
03900, 11900, 21135, 21215, 21240, 21325, 22200]...
B. Site-specific decommissioning activities \7\ N/A
associated with unlicensed sites, including MMLs,
whether or not the sites have been previously
licensed...........................................
15. Import and Export licenses.......................... \8\ N/A
16. Reciprocity......................................... \8\ N/A
17. Master materials licenses of broad scope issued to 329,000
Government agencies.\15\ [Program Code(s): 03614]......
18. Department of Energy:
A. Certificates of Compliance....................... \10\ 1,020,000
B. Uranium Mill Tailings Radiation Control Act 121,000
(UMTRCA) activities................................
------------------------------------------------------------------------
\1\ Annual fees will be assessed based on whether a licensee held a
valid license with the NRC authorizing possession and use of
radioactive material during the current FY. The annual fee is waived
for those materials licenses and holders of certificates,
registrations, and approvals who either filed for termination of their
licenses or approvals or filed for possession only/storage licenses
before October 1 of the current FY, and permanently ceased licensed
activities entirely before this date. Annual fees for licensees who
filed for termination of a license, downgrade of a license, or for a
possession-only license during the FY and for new licenses issued
during the FY will be prorated in accordance with the provisions of
Sec. 171.17. If a person holds more than one license, certificate,
registration, or approval, the annual fee(s) will be assessed for each
license, certificate, registration, or approval held by that person.
For licenses that authorize more than one activity on a single license
(e.g., human use and irradiator activities), annual fees will be
assessed for each category applicable to the license.
\2\ Payment of the prescribed annual fee does not automatically renew
the license, certificate, registration, or approval for which the fee
is paid. Renewal applications must be filed in accordance with the
requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter.
[[Page 22362]]
\3\ Each FY, fees for these materials licenses will be calculated and
assessed in accordance with Sec. 171.13 and will be published in the
Federal Register for notice and comment.
\4\ Other facilities include licenses for extraction of metals, heavy
metals, and rare earths.
\5\ There are no existing NRC licenses in these fee categories. If NRC
issues a license for these categories, the Commission will consider
establishing an annual fee for this type of license.
\6\ Standardized spent fuel facilities, 10 CFR parts 71 and 72
Certificates of Compliance and related Quality Assurance program
approvals, and special reviews, such as topical reports, are not
assessed an annual fee because the generic costs of regulating these
activities are primarily attributable to users of the designs,
certificates, and topical reports.
\7\ Licensees in this category are not assessed an annual fee because
they are charged an annual fee in other categories while they are
licensed to operate.
\8\ No annual fee is charged because it is not practical to administer
due to the relatively short life or temporary nature of the license.
\9\ Separate annual fees will not be assessed for pacemaker licenses
issued to medical institutions that also hold nuclear medicine
licenses under fee categories 7.A, 7.A.1, 7.A.2, 7.B., 7.B.1, 7.B.2,
7.C, 7.C.1, or 7.C.2.
\10\ This includes Certificates of Compliance issued to the U.S.
Department of Energy that are not funded from the Nuclear Waste Fund.
\11\ See Sec. 171.15(c).
\12\ See Sec. 171.15(c).
\13\ No annual fee is charged for this category because the cost of the
general license registration program applicable to licenses in this
category will be recovered through 10 CFR part 170 fees.
\14\ Persons who possess radium sources that are used for operational
purposes in another fee category are not also subject to the fees in
this category. (This exception does not apply if the radium sources
are possessed for storage only.)
\15\ Licensees subject to fees under categories 1.A., 1.B., 1.E., 2.A.,
and licensees paying fees under fee category 17 must pay the largest
applicable fee and are not subject to additional fees listed in this
table.
\16\ Licensees paying fees under 3.C. are not subject to fees under 2.B.
for possession and shielding authorized on the same license.
\17\ Licensees paying fees under 7.C. are not subject to fees under 2.B.
for possession and shielding authorized on the same license.
\18\ Licensees paying fees under 3.N. are not subject to paying fees
under 3.P., 3.P.1, or 3.P.2 for calibration or leak testing services
authorized on the same license.
\19\ Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject
to paying fees under 7.C., 7.C.1, or 7.C.2 for broad scope license
licenses issued under parts 30, 35, 40, and 70 of this chapter for
human use of byproduct material, source material, and/or special
nuclear material, except licenses for byproduct material, source
material, or special nuclear material in sealed sources contained in
teletherapy devices authorized on the same license.
\20\ No annual fee is charged for a materials license (or part of a
materials license) that has transitioned to this fee category because
the decommissioning costs will be recovered through 10 CFR part 170
fees, but annual fees may be charged for other activities authorized
under the license that are not in decommissioning status.
(e) The fee-relief adjustment allocated to annual fees includes the
budgeted resources for the activities listed in paragraph (e)(1) of
this section, plus the total budgeted resources for the activities
included in paragraphs (e)(2) and (3) of this section, as reduced by
the appropriations the NRC receives for these types of activities. If
the NRC's appropriations for these types of activities are greater than
the budgeted resources for the activities included in paragraphs (e)(2)
and (3) of this section for a given fiscal year, a negative fee-relief
adjustment (or annual fee reduction) will be allocated to annual fees.
The activities comprising the FY 2019 fee-relief adjustment are as
follows:
* * * * *
Dated at Rockville, Maryland, this 2nd day of May 2019.
For the Nuclear Regulatory Commission.
Maureen E. Wylie,
Chief Financial Officer.
[FR Doc. 2019-10051 Filed 5-16-19; 8:45 am]
BILLING CODE 7590-01-P