[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Proposed Rules]
[Pages 9328-9356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03054]
[[Page 9327]]
Vol. 85
Tuesday,
No. 32
February 18, 2020
Part IV
Nuclear Regulatory Commission
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10 CFR Parts 170 and 171
Revision of Fee Schedules; Fee Recovery for Fiscal Year 2020; Proposed
Rule
Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 /
Proposed Rules
[[Page 9328]]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 170 and 171
[NRC-2017-0228; Docket No. PRM-171-1; NRC-2019-0084]
RIN 3150-AK10
Revision of Fee Schedules; Fee Recovery for Fiscal Year 2020
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend the licensing, inspection, special project, and annual fees
charged to its applicants and licensees. These proposed 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 less certain amounts
excluded from this fee-recovery requirement.
DATES: Submit comments by March 19, 2020. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to ensure consideration only for comments received before this
date. Because OBRA-90 requires the NRC to collect the FY 2020 fees by
September 30, 2020, the NRC must finalize any revisions to its fee
schedules promptly, and thus be unable to grant any request for an
extension of the comment period.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0228. 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 proposed rule.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
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. Obtaining Information and Submitting Comments
II. Background; Statutory Authority
III. Petition for Rulemaking: (PRM-171-1; NRC-2019-0084)
IV. Discussion
V. Regulatory Flexibility Certification
VI. Regulatory Analysis
VII. Backfitting and Issue Finality
VIII. Plain Writing
IX. National Environmental Policy Act
X. Paperwork Reduction Act Public Protection Notification
XI. Voluntary Consensus Standards
XII. Availability of Guidance
XIII. Public Meeting
XIV. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2017-0228 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 https://www.regulations.gov and search for Docket ID NRC-2017-0228.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://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 or 301-415-4737,
or by email to [email protected]. The ADAMS accession number for
each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced. For the convenience of the reader, the ADAMS accession
numbers are also provided in a table 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.
B. Submitting Comments
Please include Docket ID NRC-2017-0228 in the subject line of your
comment submission in order to ensure that the NRC is able to make your
comment submission publicly available in this docket.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC posts all comment submissions at https://www.regulations.gov as well as entering the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submissions. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment submissions into ADAMS.
II. Background; 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. Under OBRA-90, the NRC must recover
approximately 90 percent of its budget authority for the fiscal year
through fees. In FY 2020, the following appropriated amounts are
excluded from the fee-recovery requirement: The development of a
regulatory infrastructure for advanced nuclear reactor technologies,
international activities, generic homeland security activities, Waste
Incidental to Reprocessing, and Inspector General services for the
Defense Nuclear Facilities Safety Board. Under OBRA-90, the NRC must
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).
[[Page 9329]]
The NRC's regulations in part 170 of title 10 of the Code of
Federal Regulations (10 CFR), ``Fees for Facilities, Materials, Import
and Export Licenses, and Other Regulatory Services Under the Atomic
Energy Act of 1954, as amended,'' authorize the fees the agency is
required to collect from specific beneficiaries. But, because the NRC's
fee recovery under the IOAA (10 CFR part 170) will not equal 90 percent
of the agency's budget authority for the fiscal year, the NRC also
assesses ``annual fees'' under 10 CFR 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,'' to recover the remaining amount necessary to meet OBRA-90's
fee-recovery requirement.
III. Petition for Rulemaking: (PRM-171-1; NRC-2019-0084)
On February 28, 2019, the NRC received a petition for rulemaking
(ADAMS Accession No. ML19081A015) from Dr. Michael D. Meier, on behalf
of the Southern Nuclear Operating Company (the petitioner). The
petitioner requested that the NRC revise its regulations in 10 CFR part
171 related to the start of the assessment of annual fees for combined
license (COL) holders licensed under 10 CFR part 52, ``Licenses,
Certifications, and Approvals for Nuclear Power Plants,'' to align with
the commencement of ``commercial operation,'' of a licensed nuclear
power plant. Specifically, the petitioner requested that the NRC revise
the timing of when annual fees commence for COL holders to coincide
when a reactor achieves ``commercial operation,'' rather than when the
NRC finds (under Sec. 52.103(g)) that the acceptance criteria in the
COL are met, after which the licensee can operate the facility. The NRC
regulations at Sec. 171.15 currently require a 10 CFR part 52 COL
holder to pay the annual fee upon the Commission's finding under Sec.
52.103(g). The NRC published a notice of docketing in the Federal
Register (84 FR 26774; June 10, 2019), and requested public comment on
the issues raised in PRM-171-1.
The NRC received five public comment submissions, containing seven
comments, during the 30-day public comment period, from the Nuclear
Energy Institute (NEI), several industry stakeholders, and one non-
government organization. All comments supported the petitioner's
request raised in the PRM. The petitioner requested the NRC consider
this rule change within the context of its annual fee rulemaking to
amend 10 CFR parts 170 and 171 to collect FY 2020 fees. The NRC
published a notice in the Federal Register (84 FR 65032; November 26,
2019) that granted partial consideration by modifying the timing
regarding the assessment of annual fees for 10 CFR part 52 COL holders
in the FY 2020 proposed fee rule. In addition, two of the seven
comments requested that the NRC expand the scope of any rulemaking
associated with the PRM to include certain licensees under 10 CFR part
50. All responses to comments received on the petition will be
addressed in the final fee rule.
Based on its review of PRM-171-1 and the public comments, the NRC
is proposing to amend Sec. 171.15(a) to modify the timing regarding
the assessment of annual fees for 10 CFR part 52 COL holders. In
addition, the NRC is proposing to amend the timing regarding the
assessment of annual fees to apply to future 10 CFR part 50 power
reactor licensees. See the FY 2020 Policy Changes section of this
proposed rule for additional information on the proposed amendment
resulting from PRM-171-1.
IV. Discussion
FY 2020 Fee Collection--Overview
The NRC is issuing this FY 2020 proposed fee rule based on Public
Law (Pub. L.) 116-93--Further Consolidated Appropriations Act, 2020,
(the enacted budget). The proposed fee rule reflects a budget authority
in the amount of $855.6 million, a decrease of $55.4 million from FY
2019. As explained previously, certain portions of the NRC's total
budget are excluded from OBRA-90's fee-recovery requirement. Based on
the FY 2020 enacted budget, these exclusions total $46.6 million,
consisting of $15.5 million for the development of a regulatory
infrastructure for advanced nuclear reactor technologies; $14.5 million
for international activities; $14.1 million for generic homeland
security activities; $1.3 million for Waste Incidental to Reprocessing
activities; and $1.2 million for Inspector General services for the
Defense Nuclear Facilities Safety Board. Additionally, OBRA-90 requires
the NRC to recover only approximately 90 percent of the remaining
budget authority for the fiscal year--10 percent of the remaining
budget authority need not be recovered through fees. The NRC refers to
the activities included in this 10-percent as ``fee-relief''
activities.
After accounting for the fee-recovery 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, and current year collections made for the termination of one
operating power reactor), the NRC must recover approximately $728.5
million in fees in FY 2020. Of this amount, the NRC estimates that
$230.6 million will be recovered through 10 CFR part 170 service fees
and approximately $497.9 million will recovered through 10 CFR part 171
annual fees. Table I summarizes the fee-recovery amounts for the FY
2020 proposed fee rule using the enacted budget, and taking into
account excluded activities, fee-relief activities, and net billing
adjustments. For all information presented in the following tables,
individual values may not sum to totals due to rounding. Please see the
work papers (ADAMS Accession No. ML19343A735) for actual amounts.
Public Law 116-93--Further Consolidated Appropriations Act, 2020,
also includes direction for the NRC to use $40.0 million in prior year
unobligated 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 fiscal
year and not carryover funds.
[[Page 9330]]
Table I--Budget and Fee Recovery Amounts \1\
[Dollars in millions]
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FY 2019 final FY 2020 Percentage
rule proposed rule change
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Total Budget Authority.......................................... $911.0 $855.6 -6.1
Less Excluded Fee Items......................................... -43.4 -46.6 7.4
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Balance..................................................... 867.6 808.9 -6.8
Fee Recovery Percent............................................ 90 90 0.0
Total Amount to be Recovered:................................... 780.8 728.1 -6.8
10 CFR Part 171 Billing Adjustments:
Unpaid Current Year Invoices (estimated)................ 4.5 4.5 0.0
Less Current Year Collections from a Terminated Reactor-- 0.0 -2.4 100.00
Indian Point Nuclear Generating, Unit 2................
Less Payments Received in Current Year for Previous Year -2.8 -1.7 -39.3
Invoices (estimated)...................................
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Subtotal............................................ 1.7 0.4 -76.5
Amount to be Recovered through 10 CFR Parts 170 and 171 Fees.... 782.5 728.5 -6.9
Less Estimated 10 CFR Part 170 Fees......................... -252.1 -230.6 -8.5
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10 CFR Part 171 Fee Collections Required................ $530.5 $497.9 -6.2
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FY 2020 Fee Collection--Professional Hourly Rate
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\1\ For each table, numbers may not add due to rounding.
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The NRC uses a professional hourly rate to assess fees under 10 CFR
part 170 for specific services it provides. 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.
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). The NRC then subtracts certain
offsetting receipts and divides 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] TP18FE20.058
For FY 2020, the NRC is proposing to increase the professional
hourly rate from $275 to $279. The 0.4 percent increase in the FY 2020
professional hourly rate is due primarily to the anticipated decline in
the number of mission-direct FTE compared to FY 2019. The number of
mission-direct FTE is expected to decline by 109, primarily due to (1)
the anticipated completion of the NuScale small modular reactor (SMR)
design certification review; (2) a reduction in workload associated
with the Clinch River Nuclear Site (Clinch River) early site permit;
(3) the power reactor plant closures of Oyster Creek Nuclear Generating
Station (Oyster Creek), Pilgrim Nuclear Power Station (Pilgrim), Three
Mile Island Nuclear Generating Station, Unit 1 (TMI 1); and (4) the
expected decline in submissions for fuel facility license renewal
applications, the decrease in the number of license amendments, the
termination of the Mixed-Oxide (MOX) Fuel Fabrication Facility
construction authorization, and efficiencies gained within the fuel
facilities inspection program. The FY 2020 estimate for annual mission-
direct FTE productive hours is 1,510 hours, which is unchanged from FY
2019. 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 administrative tasks. Table II shows the
professional hourly rate calculation methodology. The FY 2019 amounts
are provided for comparison purposes.
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\2\ 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 and Test Reactors
products within the Operating Reactors business line.
[[Page 9331]]
TABLE II--Professional Hourly Rate Calculation
[Dollars in millions, except as noted]
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FY 2019 final FY 2020 Percentage
rule proposed rule change
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Mission-Direct Program Salaries & Benefits...................... $334.7 $314.6 -6.0
Mission-Indirect Program Support................................ $120.6 $110.8 -8.1
Agency Support (Corporate Support and the IG)................... $304.5 $291.5 -4.3
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Subtotal.................................................... $759.8 $716.9 -5.6
Less Offsetting Receipts \2\.................................... $0.0 $0.0 0.0
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Total Budgeted Resources Included in Professional Hourly $759.8 $716.9 -5.6
Rate.......................................................
Mission-Direct FTE (Whole numbers).............................. 1,810 1,701 -6.0
Annual Mission-Direct FTE Productive Hours (Whole numbers)...... 1,510 1,510 0.0
Mission-Direct FTE Converted to Hours (Mission-Direct FTE 2,733,100 2,568,510 -6.0
multiplied by Annual Mission-Direct FTE Productive Hours) (In
Millions)......................................................
Professional Hourly Rate (Total Budgeted Resources Included in $278 $279 0.4
Professional Hourly Rate Divided by Mission-Direct FTE
Converted to Hours) (Whole Numbers)............................
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FY 2020 Fee Collection--Flat Application Fee Changes
The NRC proposes to amend the flat application fees that it charges
in its schedule of fees in Sec. Sec. 170.21 and 170.31 to reflect the
revised professional hourly rate of $279. The NRC charges these fees to
applicants for materials licenses and other regulatory services, as
well as holders of materials licenses. The NRC calculates these flat
fees by multiplying the average professional staff hours needed to
process the licensing actions by the proposed professional hourly rate
for FY 2020. As part of its calculations, the NRC analyzes the actual
hours spent performing licensing actions and estimates the five-year
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 higher professional hourly rate of
$279 is the primary reason for the increase in application fees. Please
see the work papers for more detail.
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 proposed 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, the NRC is not proposing to charge flat fees for
import and export licensing actions described in Sec. 170.21.
Applications filed on or after the effective date of the FY 2020 final
fee rule will be subject to the revised fees in the final rule.
FY 2020 Fee Collection--Fee-Relief and Low-Level Waste 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 the percentage of the NRC's budgeted
resources allocated to each fee class.
In FY 2020, the amount budgeted for fee-relief activities is less
than the 10 percent threshold. Therefore, the NRC proposes to assess a
fee-relief credit that decreases all licensees' annual fees. Table III
summarizes the fee-relief activities budgeted for FY 2020. The FY 2019
amounts are provided for comparison purposes.
Table III--Fee-Relief Activities
[Dollars in millions]
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FY 2019 FY 2020
budgeted budgeted Percentage
Fee-relief activities resources resources change
final rule proposed rule
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1. Activities not attributable to an existing NRC licensee or
class of licensees:
a. Agreement State oversight................................ $11.5 $11.9 3.8
b. Scholarships and Fellowships............................. 15.0 16.0 6.7
c. Medical Isotope Production Infrastructure................ 5.4 2.7 -50.0
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..... 9.1 9.0 -1.1
b. Costs not recovered from small entities under 10 CFR 8.0 7.6 -4.9
171.16(c)..................................................
c. Regulatory support to Agreement States................... 14.7 12.2 -17.3
[[Page 9332]]
d. Generic decommissioning/reclamation (not related to the 12.9 12.0 -7.0
power reactor and spent fuel storage fee classes)..........
e. Uranium recovery program and unregistered general 7.2 5.2 -27.8
licensees..................................................
f. Potential Department of Defense remediation program 2.1 1.7 -16.7
Memorandum of Understanding activities.....................
g. Non-military radium sites................................ 1.1 0.8 -23.4
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Total fee-relief activities............................. 87.0 79.2 -9.0
Less 10 percent of the NRC's total FY budget (less the -86.8 -80.9 -6.8
fee recovery exclusions)...............................
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Fee-Relief Adjustment to be Allocated to All $0.3 -1.7 -673.0
Licensees' Annual Fees.............................
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Table IV shows how the NRC proposes to allocate the $1.7 million
fee-relief credit to each licensee fee class. In addition to the fee-
relief credit, the NRC proposes assessing a generic low-level waste
(LLW) surcharge of $3.4 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 proposes to allocate 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.
Table IV shows the LLW surcharge and fee-relief credit, and its
proposed allocation across the various fee classes.
Table IV--Allocation of Fee-Relief Adjustment and LLW Surcharge FY 2020
[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 2.881 86.4 -1.485 1.396
Spent Fuel Storage/Reactor 0.0 0.000 5.4 -0.092 -0.092
Decommissioning................
Research and Test Reactors...... 0.0 0.000 0.5 -0.009 -0.009
Fuel Facilities................. 12.7 0.436 3.4 -0.058 0.378
Materials Users................. 3.3 0.113 3.8 -0.065 0.048
Transportation.................. 0.0 0.000 0.5 -0.009 -0.009
Rare Earth Facilities........... 0.0 0.000 0.0 0.0 0.0
Uranium Recovery................ 0.0 0.000 0.1 -0.001 -0.001
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Total....................... 100.0 3.430 100.0 -1.719 1.711
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FY 2020 Fee Collection--Revised Annual Fees
In accordance with SECY-05-0164, ``Annual Fee Calculation Method''
(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 proposes to revise its annual fees in Sec. Sec. 171.15 and
171.16 to recover approximately 90 percent of the NRC's FY 2020 enacted
budget (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 proposed rule are $230.6 million, a
decrease of $21.5 million from the FY 2019 final rule (see the specific
fee class sections for a discussion of this decrease). The NRC,
therefore, proposes to recover $497.9 million through annual fees from
its licensees, which is a decrease of $32.6 million from the FY 2019
final rule.
Table V shows the proposed rebaselined fees for FY 2020 for a
representative list of licensee categories. The FY 2019 amounts are
provided for comparison purposes.
[[Page 9333]]
Table V--Rebaselined Annual Fees
[Actual dollars]
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FY 2020
Class/category of licenses FY 2019 final proposed Percentage
annual fee annual fee change
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors........................................ $4,669,000 $4,534,000 -2.9
+ Spent Fuel Storage/Reactor Decommissioning.................... 152,000 172,000 13.2
-----------------------------------------------
Total, Combined Fee......................................... $4,821,000 $4,706,000 -2.4
Spent Fuel Storage/Reactor Decommissioning...................... 152,000 172,000 13.2
Research and Test Reactors (Non-power Reactors)................. 82,400 79,200 -3.9
High Enriched Uranium Fuel Facility............................. $6,675,000 $4,944,000 -25.9
Low Enriched Uranium Fuel Facility.............................. $2,262,000 $1,675,000 -26.0
UF6 Conversion and Deconversion Facility........................ $1,417,000 $1,049,000 -26.0
Basic In Situ Recovery Facilities (Category 2.A.(2)(b))......... $49,200 $49,200 0.0
Typical Users:
Radiographers (Category 3O)................................. $30,200 $29,800 -1.3
All Other Specific Byproduct Material Licensees (Category $10,000 $9,700 -3.0
3P)........................................................
Medical Other (Category 7C)................................. $15,300 $14,800 -3.3
Device/Product Safety Evaluation--Broad (Category 9A)....... $14,300 $13,800 -3.5
----------------------------------------------------------------------------------------------------------------
The work papers that support this proposed rule show in detail how
the NRC proposes to allocate the budgeted resources for each class of
licensees and calculate the fees.
Paragraphs a. through h. of this section describe budgeted
resources allocated to each class of licensees and the calculations of
the rebaselined fees. For more information about detailed fee
calculations for each class, please consult the accompanying work
papers.
a. Operating Power Reactors
The NRC proposes to collect $430.7 million in annual fees from the
operating power reactors fee class in FY 2020, as shown in Table VI.
The FY 2019 fees and percentage changes are shown for comparison
purposes.
Table VI--Annual Fee Summary Calculations for Operating Power Reactors
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
FY 2020 Percentage
Summary fee calculations FY 2019 final proposed change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................ $670.2 $623.9 -6.9
Less estimated 10 CFR part 170 receipts......................... -217.7 -194.8 -10.5
-----------------------------------------------
Net 10 CFR part 171 resources............................... 452.5 429.1 -5.2
Allocated generic transportation................................ 0.2 0.2 1.3
Fee-relief adjustment/LLW surcharge............................. 3.4 1.4 -59.1
Billing adjustment.............................................. 1.5 2.4 64.5
Adjustment: Estimated current year collections from terminated 0.0 -2.4 100.0
reactor (Indian Point Nuclear Generating, Unit 2)..............
-----------------------------------------------
Total required annual fee recovery.......................... 457.6 430.7 -5.9
Total operating reactors.................................... 98 95 -3.1
Annual fee per reactor.......................................... $4.669 $4.534 -2.9
----------------------------------------------------------------------------------------------------------------
In comparison to FY 2019, the resources budgeted for the operating
power reactors fee class decreased by $46.3 million due to a decline in
FTEs as a result of the following: (1) The closures of Oyster Creek,
Pilgrim, and TMI 1; (2) the delay in receipt of the Utah Associated
Municipal Power System SMR application; (3) withdrawal of the Blue
Castle large light-water reactor application; (4) delay in the
submittal of the Advanced Passive 1000 design certification renewal
application; (5) the near completion of the NuScale SMR design
certification review; (6) the completion of the Clinch River early site
permit technical review; (7) a reduction in license amendment requests
for the Vogtle Electric Generating Plant; (8) expected delays in
construction and operating license application review activities for
Bellefonte Nuclear Station, Units 1 and 2; (9) efficiencies gained from
the merger of the Office of Nuclear Reactor Regulation and the Office
of New Reactors; and (10) the completion of flooding and integrated
assessment work related to lessons learned from the accident at
Fukushima Dai-ichi in Japan. In addition, the total budgeted resources
decreased due to the utilization of prior year unobligated carryover
funding.
The 10 CFR part 170 estimated billings declined primarily due to
decreases in both licensing actions and inspections resulting from the
shutdown of the Pilgrim and TMI-1 reactors at the end of FY 2019; the
planned shutdown of Indian Point Nuclear Generating, Unit 2 (Indian
Point 2) during FY 2020; and the completion of the Advanced Power
Reactor-1400 design certification, which was issued in FY 2019, for
Korea Hydro and Nuclear Power Co., LTD. Additionally, estimated
billings under 10 CFR part 170 are expected to decline due to the
completion of the NuScale SMR design certification review and the
completion of the Clinch River early site permit technical review.
The recoverable budgeted costs are divided equally among the 95
licensed operating power reactors, resulting in a
[[Page 9334]]
proposed annual fee of $4,534,000 per reactor. As part of the proposed
annual fee, an approximate $2,442,000 current year collection
adjustment was included in the operating power reactors calculation due
to the planned shutdown of Indian Point 2 as shown in Table VI.
Additionally, each licensed operating power reactor is assessed the FY
2020 spent fuel storage/reactor decommissioning proposed annual fee of
$172,000 (see Table VII and the discussion that follows). The combined
proposed FY 2020 annual fee for each operating power reactor is,
therefore, $4,706,000.
In 2016, the NRC amended its licensing, inspection, and annual fee
regulations to establish a variable annual fee structure for light-
water SMRs (81 FR 32617). Under the variable annual fee structure, 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 is not proposing an annual fee in FY 2020 for this
type of licensee.
b. Spent Fuel Storage/Reactor Decommissioning
The NRC proposes to collect $21.0 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 recover the budgeted costs for
the spent fuel storage/reactor decommissioning fee class, as shown in
Table VII. The FY 2019 fees and percentage changes are shown for
comparison purposes.
Table VII--Annual Fee Summary Calculations for Spent Fuel Storage/Reactor Decommissioning
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
FY 2020 Percentage
Summary fee calculations FY 2019 final proposed change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................ $35.6 $37.9 6.6
Less estimated 10 CFR part 170 receipts......................... -17.8 -17.8 -0.2
-----------------------------------------------
Net 10 CFR part 171 resources............................... 17.8 20.2 13.4
Allocated generic transportation costs.......................... 0.7 0.8 15.7
Fee-relief adjustment........................................... 0.0 -0.1 -874.5
Billing adjustments............................................. 0.1 0.2 88.2
-----------------------------------------------
Total required annual fee recovery.......................... 18.6 21.0 13.2
Total spent fuel storage facilities......................... 122 122 0.0
Annual fee per facility......................................... $0.152 $0.172 13.2
----------------------------------------------------------------------------------------------------------------
In comparison to FY 2019, the resources budgeted for the spent fuel
storage/reactor decommissioning fee class increased for reviews of new
storage license renewal applications for Holtec HI-Storm 100, TN-32,
TN-68, NAC UMS, NAC-MPC, Westinghouse W-150, and GE-Hitachi Morris
Operation, which are expected in FY 2020; inspection activities related
to site preparation for decommissioning of TMI-1, Pilgrim, Oyster
Creek, and Indian Point; and fuel performance research. In addition,
budgeted resources for contract costs increased due to a reduction in
the utilization of prior year unobligated carryover funding compared to
FY 2019.
The 10 CFR part 170 estimated billings for FY 2020 decreased due to
the completion of certain follow-up inspections and enforcement
activities for San Onofre Nuclear Generating Station. This decrease in
the 10 CFR part 170 estimated billings is offset by increased work in
the reactors-in-decommissioning program resulting from the final status
reviews at multiple sites, and also due to the license transfer
application for the Crystal River Nuclear Generating Plant, Unit 3.
The required annual fee recovery amount is divided equally among
122 licensees, resulting in a proposed FY 2020 annual fee of $172,000
per licensee.
c. Fuel Facilities
The NRC proposes to collect $18.1 million in annual fees from the
fuel facilities fee class, as shown in Table VIII. The FY 2019 fees and
percentage changes are shown for comparison purposes.
Table VIII--Annual Fee Summary Calculations for Fuel Facilities
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
FY 2020 Percentage
Summary fee calculations FY 2019 final proposed change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................ $30.0 $23.2 -22.6
Less estimated 10 CFR part 170 receipts......................... -7.3 -6.8 -7.0
-----------------------------------------------
Net 10 CFR part 171 resources............................... 22.7 16.5 -27.6
Allocated generic transportation................................ 1.2 1.2 1.2
Fee-relief adjustment/LLW surcharge............................. 0.5 0.4 -23.3
Billing adjustments............................................. 0.1 0.1 0.0
-----------------------------------------------
Total remaining required annual fee recovery................ $24.5 $18.1 -25.9
----------------------------------------------------------------------------------------------------------------
In comparison to FY 2019, the resources budgeted for the fuel
facilities fee class decreased in FY 2020. The reduction in budgetary
resources is primarily due to an expected decline in submissions for
license renewal applications, the decrease in the number of license
amendments, the termination of the MOX Fuel Fabrication Facility
[[Page 9335]]
construction authorization, and efficiencies gained because of changes
to the Fuel Facilities Inspection Program and workload projections. The
10 CFR part 170 estimated billings decrease as a result of the license
application for the MOX Fuel Fabrication Facility being withdrawn.
The NRC proposes to 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 regulatory effort that is not
recovered through 10 CFR part 170 fees (e.g., rulemaking, guidance).
Regulatory effort for activities that are subject to 10 CFR part 170
fees, such as the number of inspections, is not applicable to the
effort factor.
Table IX--Effort Factors for Fuel Facilities, FY 2020
----------------------------------------------------------------------------------------------------------------
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 2020, the total remaining amount of annual fees to be
recovered, $18.1 million, is comprised of safety activities, safeguards
activities, and the fee-relief adjustment/LLW surcharge. For FY 2020,
the total budgeted resources to be recovered as annual fees for safety
activities are $10.0 million. To calculate the annual fee, the NRC
allocates this amount to each fee category based on its percentage of
the total regulatory effort for safety activities. Similarly, the NRC
allocates the budgeted resources to be recovered as annual fees for
safeguards activities, $7.7 million, to each fee category based on its
percentage of the total regulatory effort for safeguards activities.
Finally, the fuel facilities fee class portion of the fee-relief
adjustment/LLW surcharge--$0.4 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 and percentage change for each facility is summarized in Table X.
Table X--Annual Fees for Fuel Facilities
[Actual dollars]
----------------------------------------------------------------------------------------------------------------
FY 2020
Facility type (fee category) FY 2019 final proposed Percentage
annual fee annual fee change
----------------------------------------------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a))......................... $6,675,000 $4,944,000 -25.9
Low-Enriched Uranium Fuel (1.A.(1)(b)).......................... 2,262,000 1,675,000 -26.0
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.)....................................... 2,909,000 2,154,000 -26.0
UF6 Conversion and Deconversion (2.A.(1))....................... 1,417,000 1,049,000 -26.0
----------------------------------------------------------------------------------------------------------------
d. Uranium Recovery Facilities
The NRC proposes to collect $0.2 million in annual fees from the
uranium recovery facilities fee class, which is stable compared to FY
2019, as shown in Table XI. The FY 2019 fees and percentage changes are
shown for comparison purposes.
Table XI--Annual Fee Summary Calculations for Uranium Recovery Facilities
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
FY 2020 Percentage
Summary fee calculations FY 2019 final proposed change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................ $1.0 $0.6 -36.6
Less estimated 10 CFR part 170 receipts......................... -0.8 -0.5 -44.3
-----------------------------------------------
Net 10 CFR part 171 resources............................... 0.2 0.2 0.0
Allocated generic transportation................................ N/A N/A N/A
Fee-relief adjustment........................................... 0.0 0.0 0.0
Billing adjustments............................................. 0.0 0.0 0.0
-----------------------------------------------
[[Page 9336]]
Total required annual fee recovery.......................... $0.2 $0.2 0.0
----------------------------------------------------------------------------------------------------------------
In comparison to FY 2019, the budgeted resources and 10 CFR part
170 estimated billings for the uranium recovery fee class decreased due
to the expected reduction in support for adjudicatory actions, the
uncertainty associated with the construction of the NuFuels Crownpoint
site, and Cameco's announcement to cease U.S. uranium recovery
operations. Budgeted resources also decreased to include additional
uranium recovery resources in the fee-relief category, ``In Situ leach
rulemaking and unregistered general licenses,'' in order to ensure the
equitability and the stability of annual fees.
The NRC regulates DOE's Title I and Title II activities under
Uranium Mill Tailings Radiation Control Act (UMTRCA) \3\ and the
proposed annual fee 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 compared to FY 2019 due to an increase in the 10
CFR part 170 estimated billings for processing groundwater corrective
action plans site reviews, the anticipated workload increase at various
DOE UMTRCA sites, and the fee-relief credit. 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:
---------------------------------------------------------------------------
\3\ The Congress established the two programs, Title I and Title
II, under UMTRCA to protect the public and the environment from
hazards associated with 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 weapons
programs. 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 2020
Summary of costs FY 2019 final proposed Percentage
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 $115,888 $113,377 -2.2
170 receipts...............................................
10 percent of generic/other uranium recovery budgeted costs. 5,431 5,612 3.3
10 percent of uranium recovery fee-relief adjustment........ 33 -149 -551.5
-----------------------------------------------
Total Annual Fee Amount for DOE (rounded)............... 121,000 119,000 -1.7
Annual Fee Amount for Other Uranium Recovery Licenses:..........
90 percent of generic/other uranium recovery budgeted costs 48,880 50,510 3.3
less the amounts specifically budgeted for UMTRCA Title I
and Title II activities....................................
90 percent of uranium recovery fee-relief adjustment........ 294 -1,344 -557.1
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Total Annual Fee Amount for Other Uranium Recovery $49,173 $49,165 0.0
Licenses...............................................
----------------------------------------------------------------------------------------------------------------
Further, for any non-DOE licensees, the NRC proposes to continue
using a matrix to determine the effort levels associated with
conducting generic regulatory actions for the different licensees in
the uranium recovery 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:
Table XIII--Benefit Factors for Uranium Recovery Licenses
----------------------------------------------------------------------------------------------------------------
Benefit Benefit
Fee category Number of factor per Total value factor
licensees licensee 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)).......................
---------------------------------------------------------------
[[Page 9337]]
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 2020
Facility type (fee category) FY 2019 final proposed Percentage
annual fee annual fee change
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a)).................. N/A N/A N/A
Basic In Situ Recovery facilities (2.A.(2)(b)).................. $49,200 $49,200 0.0
Expanded In Situ Recovery facilities (2.A.(2)(c))............... N/A N/A N/A
Section 11e.(2) disposal incidental to existing tailings sites N/A N/A N/A
(2.A.(4))......................................................
Uranium water treatment (2.A.(5))............................... N/A N/A N/A
----------------------------------------------------------------------------------------------------------------
e. Research and Test Reactors (Non-Power Reactors)
The NRC proposes to collect $0.317 million in annual fees from the
research and test reactor licensee class, as shown in Table XV. The FY
2019 fees and percentage changes are shown for comparison purposes.
Table XV--Annual Fee Summary Calculations for Research and Test Reactors
[Actual dollars]
----------------------------------------------------------------------------------------------------------------
FY 2020 Percentage
Summary fee calculations FY 2019 final proposed change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................ $834,280 $3,650,008 337.5
Less estimated 10 CFR part 170 receipts......................... -538,000 -3,370,000 526.4
-----------------------------------------------
Net 10 CFR part 171 resources............................... 296,280 280,008 -5.5
Allocated generic transportation................................ 30,971 31,356 1.2
Fee-relief adjustment........................................... 284 -8,756 -3,183.1
Billing adjustments............................................. 1,901 14,263 650.9
-----------------------------------------------
Total required annual fee recovery.......................... 329,436 316,871 -3.8
-----------------------------------------------
Total research and test reactors............................ 4 4 0.0
-----------------------------------------------
Total annual fee per reactor................................ $82,400 $79,200 -3.9
----------------------------------------------------------------------------------------------------------------
In comparison to FY 2019, the budgeted resources for the research
and test reactors increased primarily within the medical isotope
production facilities due to the submittal of the SHINE Medical
Technologies, Inc. (SHINE) operating license application.
The 10 CFR part 170 estimated billings also increased due to the
following: (1) The submittal of SHINE's operating license application
for a medical production facility; (2) the review of Aerotest
Operations, Inc.'s request to amend its operating license to possession
only; and (3) reviews of the National Institute of Standards and
Technology and GE-Hitachi Nuclear Energy America's, LLC Nuclear Test
Reactor license amendments for security plan reviews.
The proposed annual fee-recovery amount is divided equally among
the four research and test reactors subject to annual fees and results
in an FY 2020 annual fee of $79,200 for each licensee.
f. Rare Earth
The NRC has not allocated any budgeted resources to this fee class;
therefore, the NRC is not proposing an annual fee for this fee class in
FY 2020.
g. Materials Users
The NRC proposes to collect $34.1 million in annual fees from
materials users licensed under 10 CFR parts 30, 40, and 70, as shown in
Table XVI. The FY 2019 fees and percentage changes are shown for
comparison purposes.
[[Page 9338]]
Table XVI--Annual Fee Summary Calculations for Materials Users
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
FY 2020 Percentage
Summary fee calculations FY 2019 final proposed change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources for licensees not regulated by $36.0 $33.7 -6.4
Agreement States...............................................
Less estimated 10 CFR part 170 receipts......................... -1.1 1.1 1.0
-----------------------------------------------
Net 10 CFR part 171 resources............................... 35.0 32.7 -6.6
Allocated generic transportation................................ 1.2 1.3 5.3
Fee-relief adjustment/LLW surcharge............................. 0.1 0.0 -64.5
Billing adjustments............................................. 0.1 0.1 65.4
-----------------------------------------------
Total required annual fee recovery.......................... $36.4 $34.1 -6.3
----------------------------------------------------------------------------------------------------------------
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 $34.1 million proposed for FY 2020
shown in Table XVI consists of $26.5 million for general costs and $7.5
million for inspection costs. To equitably and fairly allocate the
$34.1 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 proposes to decrease annual fees for licensees in this fee
class in FY 2020 due to the utilization of prior year unobligated
carryover funding and reductions of regional resources for the Nuclear
Regulatory Apprenticeship Network (formerly the Nuclear Safety
Professional Development Program), and budget estimates that are better
aligned with projected workload. In addition, there was a reduction of
materials users licensees from FY 2019. The materials users fee class
increased the number of Certificates of Compliance (CoCs) from 25 to
26, which increased the percentage of transportation resources that
benefit the fee class.
The constant multiplier is established to recover the total general
costs (including allocated generic transportation costs) of $26.5
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 1.27 for FY 2020. The average inspection cost is the average
inspection hours for each fee category multiplied by the professional
hourly rate of $279. 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 1.48 for FY 2020.
The unique category costs are any special costs that the NRC has
budgeted for a specific category of licenses. Please see the work
papers for more detail about this classification.
The annual fee assessed to each licensee also takes into account a
share of the approximately $0.065 million fee-relief credit 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 $0.113 million LLW surcharge
costs allocated to the fee class. The proposed annual fee for each fee
category is shown in the proposed revision to Sec. 171.16(d).
h. Transportation
The NRC proposes to collect $1.0 million in annual fees to recover
generic transportation budgeted resources in FY 2020, as shown in Table
XVII. The FY 2019 fees and percentage changes are shown for comparison
purposes.
Table XVII--Annual Fee Summary Calculations for Transportation
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
FY 2020 Percentage
Summary fee calculations FY 2019 final proposed change
----------------------------------------------------------------------------------------------------------------
Total Budgeted Resources........................................ $8.0 $7.2 -10.2
Less Estimated 10 CFR part 170 Receipts......................... -3.7 -2.7 -27.0
-----------------------------------------------
Net 10 CFR part 171 Resources............................... 4.3 4.5 4.6
Less Generic Transportation Resources........................... -3.3 -3.5 5.7
Fee-relief adjustment/LLW surcharge............................. 0.0 0.0 0.0
Billing adjustments............................................. 0.0 0.0 0.0
-----------------------------------------------
Total required annual fee recovery.......................... $1.0 $1.0 0.6
----------------------------------------------------------------------------------------------------------------
[[Page 9339]]
In comparison to FY 2019, the total budgeted resources for generic
transportation activities decreased due to the utilization of prior
year unobligated carryover funding, a reduction in FTE due to decreases
in maintenance work associated with the Storage and Transportation
Information Management System, and the decline in DOE's percentage of
total CoCs as a result of three new CoCs benefitting other fee classes.
The 10 CFR part 170 estimated billings decreased primarily due to the
issuance of CoCs for NAC International, Inc. and Industrial Nuclear
Company, LLC in FY 2019.
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 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 annual fees for the research and test reactors fee class has
been adjusted to 0.7 so these licensees are charged a fair and
equitable portion of the total fees. For more information, see the work
papers.
Table XVIII--Distribution of Transportation Resources, FY 2020
[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................................................. 26.0 28.1 1.3
Operating Power Reactors........................................ 5.0 5.4 0.2
Spent Fuel Storage/Reactor Decommissioning...................... 16.0 17.3 0.8
Research and Test Reactors...................................... 0.7 0.7 0.0
Fuel Facilities................................................. 24.0 25.9 1.2
-----------------------------------------------
Sub-Total of Generic Transportation Resources............... 71.7 77.3 3.5
DOE............................................................. 21.0 22.7 1.0
-----------------------------------------------
Total....................................................... 92.7 100.0 4.5
----------------------------------------------------------------------------------------------------------------
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 2020--Policy Changes
The NRC proposes two policy changes for FY 2020:
Remove the Fee Exceptions in Sec. 170.21, Footnote 1 and Sec. 170.31,
Footnote 2
The NRC proposes to eliminate the fee exceptions set forth in
footnote 1 to 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,'' and
footnote 2 to Sec. 170.31, ``Schedule of Fees for Materials Licenses
and Other Regulatory Services, Including Inspections, and Import and
Export Licenses.'' These footnotes contain parallel language stating
that the NRC ``will not charge fees under 10 CFR part 170 for orders
related to civil penalties or other civil sanctions issued by the
Commission under Sec. 2.202 or for amendments resulting specifically
from the requirements of these orders.''
Currently, the language in footnote 1 to Sec. 170.21 and footnote
2 to Sec. 170.31 is an exception to the general rule that the NRC
recovers review and inspection costs through fees assessed to
individuals under 10 CFR part 170. The current language excludes the
following activities from 10 CFR part 170 fees if an order relates to a
civil penalty or other sanction: (1) Subsequent NRC inspection or
review work to ensure compliance with the terms of the order, and (2)
subsequent NRC review costs if the order requires the licensee to seek
a license amendment. The current language also states, however, that
where an order is ``unrelated to civil penalties or other civil
sanctions,'' the NRC will follow its normal practice of assessing fees
under 10 CFR part 170.
The language in these footnotes comes from the NRC's FY 2005 fee
rule (70 FR 30526; May 26, 2005). Before 2005, the NRC excluded work in
connection with all orders from 10 CFR part 170 fees. In the FY 2005
fee rule, the NRC amended the footnotes to narrow the exceptions to
just those orders that ``relate'' to civil penalties or civil
sanctions. The NRC made this change because, after September 11, 2001,
it had imposed additional security requirements on multiple licensees
through orders. As a result of these orders, the NRC performed
extensive follow-up activities that, because of the pre-existing broad
exceptions in footnotes 1 and 2, were exempt from 10 CFR part 170 fees.
Because the NRC's activities were exempt from 10 CFR part 170 fees, the
NRC recovered the associated costs through annual fees under 10 CFR
part 171, even though the work benefited specific licensees (70 FR
30528-30535; May 26, 2005).
Through the FY 2005 fee rule, the NRC attempted to more fairly
allocate costs by ensuring that the beneficiaries of its review and
inspection services associated with orders of the type issued after
September 11, 2001, paid for those services through 10 CFR part 170
fees. At the same time, the NRC retained an exception for orders that
relate to a civil penalty or civil sanction. The NRC also explained in
the FY 2005 fee rule that it was maintaining its longstanding policy of
not charging 10 CFR part 170 fees for the preparation of any order. The
costs associated with preparing an
[[Page 9340]]
order would continue to be recovered through annual fees under 10 CFR
part 171.
The authority for assessing the 10 CFR part 171 fees comes from the
same statute that provides the authority for the NRC's 10 CFR part 170
fee schedule. That statute--the IOAA--requires that the NRC assess fees
fairly and equitably, and it authorizes the NRC to collect fees
whenever the agency provides ``a service or thing of value'' to a
recipient. In addition, OBRA-90 and Office of Management and Budget
(OMB) Circular A-25, ``User Charges,'' require that the NRC recover
fees from persons who derive a special benefit from the agency's
services.
Even if an order related to a civil penalty or civil sanction has
some public benefit, the services the NRC provides in connection with
the order, such as inspections and document-review activities,
primarily benefit the licensee. These services primarily benefit the
licensee because they enable the licensee to maintain its NRC license
in good standing and continue operating its facility. Furthermore,
regardless of whether the NRC issues an order in a safety, security, or
enforcement context, the NRC's follow-up services related to the
order--inspections, document review and analysis, and other services--
benefit the licensee by contributing to public confidence in the safe
operation of the licensee's facility. Charging 10 CFR part 170 fees for
services related to all orders is therefore most consistent with the
NRC's obligations under the IOAA, OBRA-90, and OMB Circular A-25.
Transferring the cost of these services to other members of a
licensee's fee class, on the other hand, could therefore be viewed as
unfair and inconsistent with the IOAA, OBRA-90, and Circular A-25.
Accordingly, in this proposed rule, the NRC proposes removing the
fee exceptions (i.e., the first two sentences) from Sec. 170.21,
footnote 1 and Sec. 170.31, footnote 2. Removing the exceptions will
promote fairness and equity in the NRC's fees rules, consistent with
the IOAA; and it will help ensure that licensees who receive special
benefits in the form of NRC services pay for those services, consistent
with OMB Circular A-25. Removing the exceptions will also simplify the
NRC's fee rules. If there are circumstances in which charging 10 CFR
part 170 fees for follow-up activities related to an order would be
unfair, the NRC retains the ability under 10 CFR 170.11 to grant a fee
exemption for those services, either on its own initiative or upon
request.
Removing the fee exceptions will not, however, change the NRC's
longstanding policy regarding the recovery of costs associated with
preparing an order. Consistent with this policy, such costs will
continue to be recovered through annual fees under 10 CFR part 171.
Amending Sec. 171.15 Regarding the Assessment of Annual Fees for 10
CFR Part 52 Combined License Holders and Future 10 CFR Part 50 Power
Reactor Licensees
Based on its review of PRM-171-1 and the public comments, the NRC
proposes to amend Sec. 171.15(a) so that the assessment of annual fees
for 10 CFR part 52 COL holders commences upon successful completion of
power ascension testing, rather than after the Commission makes a
finding under Sec. 52.103(g) finding. The NRC is also proposing to
apply this approach to future 10 CFR part 50 power reactor licensees.
Currently, Sec. 171.15 requires a 10 CFR part 52 COL holder to
begin paying the annual fee once the Commission finds under Sec.
52.103(g) that all acceptance criteria in the COL are met. Similarly,
10 CFR part 50 licensees begin paying annual fees upon issuance of an
operating license. The timing of annual fees reflects the NRC's
historical position that a nuclear power reactor licensee receives the
benefits of its license, and thus should begin paying annual fees, when
the NRC authorizes the licensee to use nuclear materials (i.e., begin
operating the reactor).
As stated in its fee rules, the NRC is firmly committed to the
application of fairness and equity in the assessment of fees to
licensees. The NRC recognizes that, subsequent to the Sec. 52.103(g)
finding for 10 CFR part 52 COL holders, and issuance of the operating
license for 10 CFR part 50 power reactor licensees, fuel must be
loaded, and power ascension testing must be completed to provide
assurance that the facility is fully operational. As part of this
process, 10 CFR part 52 COL holders must provide written notification
to the NRC that successful power ascension testing is completed. This
notification is the trigger that enables operation at a steady-state
reactor core power level equal to 100 percent of reactor thermal power
as defined in the facility's final safety analysis report.
As a result, the NRC recognizes that it would be fairer and more
equitable to change the timing of when annual fees commence for 10 CFR
part 52 licensees from when the Commission issues a Sec. 52.103(g)
finding to a time that aligns more closely with the licensee's facility
becoming fully operational. For that reason, the NRC is proposing to
defer charging annual fees until after the licensee's start-up and
initial-testing phase. The NRC proposes to begin charging annual fees
only after the licensee has notified the NRC in writing that it has
successfully completed power ascension testing. For similar reasons,
the NRC also proposes to apply this change to 10 CFR part 50 power
reactor licensees.
Because only current 10 CFR part 52 COLs contain a standard license
condition that requires written notification be submitted to the NRC
upon successful completion of power ascension testing, the NRC will
consider adding a similar license condition to future 10 CFR part 50
operating licenses and 10 CFR part 52 COLs to ensure that they promptly
notify the NRC of successful completion of power ascension testing.
Upon successful completion of testing and the required notification to
the NRC, the power reactor would be fully operational. The annual fee
assessment for 10 CFR part 50 power reactor licensees and 10 CFR part
52 COL holders would therefore begin on the date of the licensee's
written notification of successful completion of power ascension
testing.
Accordingly, the NRC proposes to amend Sec. 171.15(a) so that
annual fees commence not upon issuance of the operating license for 10
CFR part 50 power reactors and issuance of the Sec. 52.103(g) finding
for 10 CFR part 52 COL holders, but upon written notification to the
NRC of successful completion of power ascension testing. The NRC finds
that this proposal would be a reasonable, fair, and equitable revision
of the NRC's fee rule. The public comments the NRC received on PRM-171-
1 were supportive of this type of proposed change. Among the commenters
were NEI, which represents numerous members of the class of licensees
that would be directly impacted by this change. Because of this
proposed policy change, the NRC also proposes to make conforming
changes to revise Sec. 171.3, ``Scope,'' and Sec. 171.17,
''Proration.'' Finally, the NRC will consider expanding the scope of
this approach to apply to other 10 CFR part 50 licensees in a future
rulemaking.
FY 2020--Administrative Change
The NRC also proposes to make one administrative change:
Add a footnote to the table in Sec. 171.16(d) for additional
clarity.
The NRC is proposing to add a footnote to the table in 10 CFR
171.16(d) to clarify that licensees that are subject to annual fees
under fee categories 4.A., 4.B. or 4.C. are not subject to fees under
[[Page 9341]]
3.N. for waste disposal services authorized on the same license.
Update on the Fees Transformation Initiative
In 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), the Commission directed staff to explore, as a
voluntary pilot, whether the NRC could establish a flat fee structure
for routine licensing matters in the area of uranium recovery, and to
accelerate the process improvements for setting fees, including the
transition to an electronic billing system. In addition, the Commission
also directed the staff to begin the fees transformation activities
listed in SECY-16-0097 as ``Process Changes Recommended for Future
Consideration--FY 2018 and Beyond,'' which includes one remaining item
to complete regarding the rulemaking to update the NRC's small business
size standards in 10 CFR 2.810, ``NRC Size Standards.''
With respect to the uranium recovery flat fee pilot initiative, the
NRC explored the feasibility of establishing a flat fee structure for
routine licensing matters and inspection activities. The NRC provided a
report to Congress on January 9, 2020, describing the results of the
pilot initiative and the decision to maintain the current NRC fee
billing structure for 10 CFR part 170 fees for service for uranium
recovery licensing matters. For more information, the report to
Congress can be found at ADAMS Accession No. ML20010D684.
With respect to the NRC's transition to an electronic billing
system (eBilling), eBilling went live with a phased implementation on
October 1, 2019, for 9 licensees with 65 dockets. Other licensees will
be phased in throughout the year. The NRC is targeting October 2020 as
the month when full implementation will take place.
Finally, in order to obtain sufficient information to update the
NRC's small business size standard in 10 CFR 2.810, the NRC is
conducting a financial survey of materials licensees to determine
whether changes to the size standards are needed. The NRC published a
notice in the Federal Register (85 FR 6225; February 4, 2020)
announcing the survey, with a requested due date of April 30, 2020, to
complete the survey in order to achieve a high response rate. Licensees
may submit a response to the survey electronically through the
internet. This survey can be accessed, and responses entered, on the
NRC public website at www.NRC.gov. At the bottom of the first screen
under the section titled, ABOUT US, click on LICENSE FEES. Next screen,
click in the box titled RELATED INFORMATION, click on the item Small
Entity Classification Survey. Proceed to complete the survey. In
addition, licensees were mailed a paper survey with an NRC-addressed,
business reply return envelop included in the mailing, which can be
submitted through the U.S. mail in lieu of responding to the survey
electronical. The survey results will be used to acquire the data
needed to determine if changes are needed, and the impact of changing
the current nuclear industry-specific standards.
For more information, please see our fees transformation
accomplishments schedule, located on our license fees website at:
https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformation-accomplishments.html.
V. Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),\4\ the NRC has prepared a regulatory flexibility analysis
related to this proposed rule. The regulatory flexibility analysis is
available as indicated in Section XIV, Availability of Documents, of
this document.
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
VI. Regulatory Analysis
Under OBRA-90, the NRC is required to recover approximately 90
percent of its budget authority in FY 2020. 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 proposed rule, the NRC continues this longstanding
approach. Therefore, the NRC did not identify any alternatives to the
current fee structure guidelines and did not prepare a regulatory
analysis for this proposed rule.
VII. Backfitting and Issue Finality
The NRC has determined that the backfit rule, 10 CFR 50.109, does
not apply to this proposed 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 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.
VIII. 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). The NRC requests comment on the proposed rule with respect to
the clarity and effectiveness of the language used.
IX. National Environmental Policy Act
The rule is limited to amending the NRC's administrative
requirements in 10 CFR parts 170 and 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
proposed rule.
X. Paperwork Reduction Act
This proposed 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.
XI. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995,
Public Law 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 proposed rule, the NRC
proposes to amend 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 2020, as required by OBRA-90.
This action does not constitute the establishment of a standard that
[[Page 9342]]
contains generally applicable requirements.
XII. 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 NRC plans to continue to use this compliance guide for FY
2020 and has relabeled the compliance guide to reflect the current
fiscal year. The FY 2020 version of the compliance guide is available
as indicated in Section XIV, Availability of Documents, of this
document. The next compliance guide will be developed when the NRC
completes the next small entity biennial review in FY 2021.
XIII. Public Meeting
The NRC will conduct a public meeting for the purpose of describing
this proposed rule and answering questions from the public on this
proposed rule. The NRC will publish a notice of the location, time, and
agenda of the meeting on the NRC's public meeting website within at
least 10 calendar days before the meeting. In addition, the agenda for
the meeting will be posted on www.regulations.gov under Docket ID NRC-
2017-0228. For instructions to receive alerts when changes or additions
occur in a docket folder, see Section XIV, Availability of Documents,
of this document. Stakeholders should monitor the NRC's public meeting
website for information about the public meeting at: https://www.nrc.gov/public-involve/public-meetings/index.cfm.
XIV. 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.
------------------------------------------------------------------------
Documents ADAMS Accession No./Web Link
------------------------------------------------------------------------
SECY-05-0164, ``Annual Fee Calculation ML052580332.
Method,'' dated September 15, 2005.
SECY-16-0097, ``Fee Setting ML16194A365.
Improvements and Fiscal Year 2017
Proposed Fee Rule,'' dated August 15,
2016.
Staff Requirements Memorandum for SECY- ML16293A902.
16-0097, dated October 19, 2016.
NUREG-1100, Volume 35, ``Congressional ML19065A279.
Budget Justification: Fiscal Year
2020'' (February 2019).
Petition for Rulemaking-171-1, ML19081A015.
``Petition to Amend 10 CFR 171.15,
``Reactor Licenses and Independent
Spent Fuel Storage Licenses,'' dated
February 28, 2019.
``Nuclear Power Plant License Fees Upon https://www.govinfo.gov/content/
Commencing Commercial Operation,'' pkg/FR-2019-11-26/html/2019-
partial consideration in the 25581.htm.
rulemaking process (84 FR 65032;
November 26, 2019).
FY 2020 Proposed Rule Work Papers...... ML19343A735.
``Uranium Recovery Flat Fee Pilot ML20010D684.
Initiative: A Report for the Senate
Committee on Environment and Public
Works and the House Committee on
Energy and Commerce''.
FY 2020 Proposed Fee Rule.............. ML19312B014.
FY 2020 Regulatory Flexibility Analysis ML19318G030.
FY 2020 U.S. Nuclear Regulatory ML19318G044.
Commission Small Entity Compliance
Guide.
NRC Form 526, ``Certification of Small https://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 Circular A-25, ``User Charges''.... https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/circulars/a025/a025.html.
Fees Transformation Accomplishments.... https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformation-accomplishments.html.
Small Entity Classification Survey..... https://forms.office.com/Pages/ResponsePage.aspx?id=dRTQ6LXDakOgZV3vTGT1LokV9jkSmnJMh_vCoMIesDBUNUxHN0JSMkdDTlc0TzhMUUxKVktaRVVWVSQlQCN0PWcu ktaRVVWVSQlQCN0PWcu.
------------------------------------------------------------------------
Throughout the development of this rule, the NRC may post documents
related to this rule, including public comments, on the Federal
Rulemaking website at https://www.regulations.gov under Docket ID NRC-
2017-0228. The Federal Rulemaking website allows you to receive alerts
when changes or additions occur in a docket folder. To subscribe: (1)
Navigate to the docket folder NRC-2017-0228; (2) click the ``Sign up
for Email Alerts'' link; and (3) enter your email address and select
how frequently you would like to receive emails (daily, weekly, or
monthly).
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 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 proposing
to adopt the following amendments to 10 CFR parts 170 and 171:
[[Page 9343]]
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.
Sec. 170.20 [Amended]
0
2. In Sec. 170.20, remove the dollar amount ``$275'' and add in its
place the dollar amount ``$279''.
0
3. In Sec. 170.21, revise the entry for ``K. Import and export
licenses'' and footnotes 1 and 6 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 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.
\3\ * * * * * * *
\4\ Imports only of major components for end-use at NRC-licensed
reactors are authorized under NRC general import license in 10 CFR
110.27.
* * * * * * *
\6\ Because the Further Consolidated Appropriations Act, 2020, excludes
international activities from the fee-recoverable budget in FY 2020,
import and export licensing actions will not be charged fees.
0
4. 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.
* * * * *
Table 1 to Sec. 170.31--Schedule of Materials Fees
[See footnotes at end of table]
------------------------------------------------------------------------
Category of materials licenses and type of
fees \1\ Fees 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\
(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].
[[Page 9344]]
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
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]. $1,300.
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 Full Cost.
facilities \6\ [Program Code(s):
11500].
(c) Expanded In Situ Recovery Full Cost.
facilities \6\ [Program Code(s):
11510].
(d) In Situ Recovery Resin Full Cost.
facilities \6\ [Program Code(s):
11550].
(e) Resin Toll Milling facilities Full Cost.
\6\ [Program Code(s): 11555].
(f) Other facilities\6\ [Program Full Cost.
Code(s): 11700].
(3) Licenses that authorize the Full Cost.
receipt 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 Full Cost.
receipt 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]. $2,700.
F. All other source material licenses.
Application [Program Code(s): 11200, $2,700.
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, $13,100.
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): $17,400.
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): $21,700.
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): $3,600.
03214, 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].
(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): $6,000.
04111, 04113, 04115, 04117].
[[Page 9345]]
C. Licenses issued under Sec. Sec.
32.72 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: 1-5.
Application [Program Code(s): 02500, $5,200.
02511, 02513].
(1). Licenses issued under Sec. Sec.
32.72 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.
Application [Program Code(s): $6,900.
04210, 04212, 04214].
(2). Licenses issued under Sec. Sec.
32.72 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.
Application [Program Code(s): 04211, $8,700.
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): $3,200.
03510, 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): $6,500.
03511].
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]. $62,300.
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, $6,700.
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].
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, $6,400.
03320]
[[Page 9346]]
(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............................. $600.
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): 02710].
S. Licenses for production of $2,500
accelerator-produced radionuclides..
Application [Program Code(s): $14,300.
03210].
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, $11,200.
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): 04511, $18,500.
04513].
[[Page 9347]]
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): $11,600.
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): 04711]. $14,500.
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): $8,800.
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............. $10,900.
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, Full Cost.
route 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 9348]]
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 9349]]
A. Certificates of Compliance. Full Cost.
Evaluation 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 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 Further Consolidated Appropriations Act, 2020, excludes
international activities from the fee-recoverable budget in FY 2020,
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
5. 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
6. Revise Sec. 171.3 to read as follows:
Sec. 171.3 Scope.
The regulations in this part apply to any person holding an
operating license for a test reactor or research reactor issued under
part 50 of this chapter, and to any person holding an operating license
for a power reactor licensed under 10 CFR part 50 or a combined license
issued under 10 CFR part 52 that has provided notification to the NRC
that the licensee has successfully completed power ascension testing.
The regulations in this part also apply to any person holding a
materials license as defined in this part, a Certificate of Compliance,
a sealed source or device registration, a quality assurance program
approval, and to a Government agency as defined in this part.
Notwithstanding the other provisions in this section, the regulations
in this part do not apply to uranium recovery and fuel facility
licensees until after the Commission verifies through inspection that
the facility has been constructed in accordance with the requirements
of the license.
0
7. In Sec. 171.15, revise paragraphs (a), (b)(1) and (2) introductory
text, (c)(1) and (2) introductory text, (d)(1) introductory text,
(d)(2) and (3), and (f) to read as follows:
[[Page 9350]]
Sec. 171.15 Annual fees: Reactor licenses and independent spent fuel
storage licenses.
(a) Each person holding an operating license for a test or research
reactor; each person holding an operating license for a power reactor
licensed under 10 CFR part 50 or a combined license under 10 CFR part
52 that has provided notification to the NRC that the licensee has
successfully completed power ascension testing; each person holding a
10 CFR part 50 or 10 CFR 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 10 CFR part 72 license who
does not hold a 10 CFR part 50 or 10 CFR 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 (a) does not apply to test or research
reactors exempted under Sec. 171.11(b).
(b)(1) The FY 2020 annual fee for each operating power reactor that
must be collected by September 30, 2020, is $4,534,000.
(2) The FY 2020 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
2020 fee-relief adjustment are shown in paragraph (d)(1) of this
section. The activities comprising the FY 2020 base annual fee for
operating power reactors are as follows:
* * * * *
(c)(1) The FY 2020 annual fee for each power reactor holding a 10
CFR part 50 license or combined license issued under 10 CFR part 52
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 or a 10 CFR part 52
combined license, is $172,000.
(2) The FY 2020 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
2020 fee-relief adjustment are shown in paragraph (d)(1) of this
section. The activities comprising the FY 2020 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 2020 fee-relief adjustment are as follows:
* * * * *
(2) The total FY 2020 fee-relief adjustment allocated to the
operating power reactor class of licenses is a $1,484,630 fee-relief
credit, not including the amount allocated to the spent fuel storage/
reactor decommissioning class. The FY 2020 operating power reactor fee-
relief adjustment to be assessed to each operating power reactor is
approximately a $15,628 fee-relief credit. This amount is calculated by
dividing the total operating power reactor fee-relief credit,
$1,484,630, by the number of operating power reactors (95).
(3) The FY 2020 fee-relief adjustment allocated to the spent fuel
storage/reactor decommissioning class of licenses is a $92,071 fee-
relief credit. The FY 2020 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
$755 fee-relief credit. This amount is calculated by dividing the total
fee-relief credit 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 2020 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(a), are as
follows:
Table 2 to Paragraph (f)
------------------------------------------------------------------------
------------------------------------------------------------------------
Research reactor............................................. $79,200
Test reactor................................................. 79,200
------------------------------------------------------------------------
0
8. 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 table 1
to this paragraph (c). 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:
Table 1 to Paragraph (c)
------------------------------------------------------------------------
Maximum annual
fee per
NRC small entity classification 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
[[Page 9351]]
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
------------------------------------------------------------------------
(d) The FY 2020 annual fees are comprised of a base annual fee and
an allocation for fee-relief adjustment. The activities comprising the
FY 2020 fee-relief adjustment are shown for convenience in paragraph
(e) of this section. The FY 2020 annual fees for materials licensees
and holders of certificates, registrations, or approvals subject to
fees under this section are shown in table 2 to this paragraph (d):
Table 2 to Paragraph (d)--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 $4,944,000
Enriched Uranium)\15\ [Program Code(s): 21130].
(b) Low Enriched Uranium in Dispersible Form $1,675,000
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 $2,800
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, $7,100
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 $2,154,000
uranium enrichment facility \15\ [Program Code(s):
21200].............................................
F. Licenses for possession and use of special $5,100
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 $1,049,000
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.\15\ N/A
[Program Code(s): 11100].......................
(b) Basic In Situ Recovery facilities.\15\ $49,200
[Program Code(s): 11500].......................
(c) Expanded In Situ Recovery facilities\15\ N/A
[Program Code(s): 11510].......................
(d) In Situ Recovery Resin facilities.\15\ \5\ N/A
[Program Code(s): 11550].......................
(e) Resin Toll Milling facilities.\15\ [Program \5\ N/A
Code(s): 11555]................................
(3) Licenses that authorize the receipt of byproduct \5\ N/A
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 byproduct N/A
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].............................................
[[Page 9352]]
C. Licenses to distribute items containing source $7,700
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 $6,000
generally licensed under part 40 of this chapter.
[Program Code(s): 11230 and 11231].................
E. Licenses for possession and use of source $7,500
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 $9,200
Code(s): 11200, 11220, 11221, 11300, 11800, 11810,
11820].............................................
3. Byproduct material:
A. Licenses of broad scope for possession and use of $28,000
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 $37,100
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 $46,300
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 $11,400
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: 1-5.
[Program Code(s): 03214, 03215, 22135, 22162]......
(1). Other licenses for possession and use of $15,000
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: 6-20. [Program Code(s): 04110, 04112,
04114, 04116]..................................
(2). Other licenses for possession and use of $18,700
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 $10,500
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 $13,900
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 $17,400
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 $11,700
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 $10,700
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 $85,100
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 $10,600
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 $16,900
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 $4,100
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 $3,000
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].............................
[[Page 9353]]
L. Licenses of broad scope for possession and use of $15,000
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 $19,800
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 $24,700
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 $14,400
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 $18,100
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.\21\ [Program
Code(s): 03219, 03225, 03226]......................
O. Licenses for possession and use of byproduct $29,800
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 $39,900
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].....
(2). Licenses for possession and use of $49,700
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, $9,700
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 $13,000
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 $16,300
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 $7,000
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 $7,300
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 $30,200
radionuclides. [Program Code(s): 03210]............
4. Waste disposal and processing:
A. Licenses specifically authorizing the receipt of $31,900
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 $18,100
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 $10,300
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 $14,300
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 $34,000
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 $25,300
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]......................................
[[Page 9354]]
(1). Licenses issued under parts 30, 35, 40, and $33,500
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 $42,000
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 $30,800
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 $41,100
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].........................................
(2). Licenses of broad scope issued to medical $51,200
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 $14,800
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[dash]5. [Program Code(s): 02120, 02121,
02200, 02201, 02210, 02220, 02230, 02231, 02240,
22160].............................................
(1). Other licenses issued under parts 30, 35, $19,700
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, $24,500
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 $7,000
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 $13,800
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 $11,400
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 $6,700
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 $1,400
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:
[[Page 9355]]
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 $312,000
Government agencies.\15\ [Program Code(s): 03614]......
18. Department of Energy:
A. Certificates of Compliance....................... \10\
$1,026,000
B. Uranium Mill Tailings Radiation Control Act $119,000
(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.
\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.
\21\ Licensees paying fees under 4.A., 4.B. or 4.C. are not subject to
paying fees under 3.N. licenses that authorize services for other
licensees authorized on the same license.
(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 2020 fee-relief adjustment are as
follows:
* * * * *
0
9. In Sec. 171.17, revise paragraphs (a) introductory text and (a)(1)
and (2) to read as follows:
Sec. 171.17 Proration.
* * * * *
(a) Reactors, 10 CFR part 72 licensees who do not hold 10 CFR part
50 or 10 CFR part 52 licenses, and materials licenses with annual fees
of $100,000 or greater for a single fee category. The NRC will base the
proration of annual fees for terminated and downgraded licenses on the
fee rule in effect at the time the action is official. The NRC will
base the determinations on the proration
[[Page 9356]]
requirements under paragraphs (a)(2) and (3) of this section.
(1) New licenses. (i) The annual fees for new licenses for power
reactors that are subject to fees under this part, for which the
licensee has notified the NRC on or after October 1 of a fiscal year
(FY) that the licensee has successfully completed power ascension
testing, are prorated on the basis of the number of days remaining in
the FY. Thereafter, the full annual fee is due and payable each
subsequent FY.
(ii) The annual fees for new licenses for non-power reactors, 10
CFR part 72 licensees who do not hold 10 CFR part 50 or 10 CFR part 52
licenses, and materials licenses with annual fees of $100,000 or
greater for a single fee category for the current FY, that are subject
to fees under this part and are granted a license to operate on or
after October 1 of a FY, are prorated on the basis of the number of
days remaining in the FY. Thereafter, the full annual fee is due and
payable each subsequent FY.
(2) Terminations. The base operating power reactor annual fee for
operating reactor licensees who have requested amendment to withdraw
operating authority permanently during the FY will be prorated based on
the number of days during the FY the license was in effect before
docketing of the certifications for permanent cessation of operations
and permanent removal of fuel from the reactor vessel or when a final
legally effective order to permanently cease operations has come into
effect. The spent fuel storage/reactor decommissioning annual fee for
reactor licensees who permanently cease operations and have permanently
removed fuel from the site during the FY will be prorated on the basis
of the number of days remaining in the FY after docketing of both the
certifications of permanent cessation of operations and permanent
removal of fuel from the site. The spent fuel storage/reactor
decommissioning annual fee will be prorated for those 10 CFR part 72
licensees who do not hold a 10 CFR part 50 or 10 CFR part 52 license
who request termination of the 10 CFR part 72 license and permanently
cease activities authorized by the license during the FY based on the
number of days the license was in effect before receipt of the
termination request. The annual fee for materials licenses with annual
fees of $100,000 or greater for a single fee category for the current
FY will be prorated based on the number of days remaining in the FY
when a termination request or a request for a possession-only license
is received by the NRC, provided the licensee permanently ceased
licensed activities during the specified period.
* * * * *
Dated at Rockville, Maryland, this 4th day of February, 2020.
For the Nuclear Regulatory Commission.
L. Benedict Ficks,
Acting Chief Financial Officer.
[FR Doc. 2020-03054 Filed 2-14-20; 8:45 am]
BILLING CODE 7590-01-P