[Federal Register Volume 86, Number 33 (Monday, February 22, 2021)]
[Proposed Rules]
[Pages 10459-10490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03282]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 15, 170 and 171
[NRC-2018-0292]
RIN 3150-AK24
Revision of Fee Schedules; Fee Recovery for Fiscal Year 2021
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
[[Page 10460]]
amend the licensing, inspection, special project, and annual fees
charged to its applicants and licensees. These proposed amendments are
necessary to implement the Nuclear Energy Innovation and Modernization
Act (NEIMA), which, starting in fiscal year (FY) 2021, requires the NRC
to recover, to the maximum extent practicable, approximately 100
percent of its annual budget less certain amounts excluded from this
fee-recovery requirement. In addition, the NRC is also proposing
improvements associated with fee invoicing to implement provisions in
NEIMA.
DATES: Submit comments by March 24, 2021. 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 NEIMA requires the NRC to collect fees for FY 2021 by
September 30, 2021, the NRC must finalize any revisions to its fee
schedules promptly, and thus is unable to grant any extension request
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-2018-0292. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
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.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
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. Discussion
IV. Regulatory Flexibility Certification
V. Regulatory Analysis
VI. Backfitting and Issue Finality
VII. Plain Writing
VIII. National Environmental Policy Act
IX. Paperwork Reduction Act Public Protection Notification
X. Voluntary Consensus Standards
XI. Availability of Guidance
XII. Public Meeting
XIII. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2018-0292 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-2018-0292.
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.
Attention: The Public Document Room (PDR), where you may
examine and order copies of public documents, is currently closed. You
may submit your request to PDR staff via email at [email protected]
or call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday
through Friday, except Federal holidays.
B. Submitting Comments
Please include Docket ID NRC-2018-0292 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
A. Statutory Authority
Revised Fee-Recovery Framework for FY 2021 and Subsequent Fiscal Years
The 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 Public Law 115-439,
NEIMA (42 U.S.C. 2215), which the President signed into law on January
14, 2019. The NEIMA fee-related changes, effective October 1, 2020,
include (1) repealing the prior fee-recovery framework and replacing it
with a revised framework and (2) requirements to improve the invoice
accuracy for service fees.
Effective October 1, 2020, NEIMA repealed Section 6101 of the
Omnibus Budget Reconciliation Act of 1990, as amended (OBRA-90) (42
U.S.C. 2214) and put in place a revised fee-recovery framework for FY
2021 and subsequent fiscal years, requiring the NRC to recover, to the
maximum extent practicable, approximately 100 percent of its total
budget authority for the fiscal year, less the budget authority for
excluded activities. For FYs 2005 through 2020, OBRA-90 required the
NRC to recover approximately 90 percent of its budget authority for the
fiscal year, less amounts for the activities excluded from fee recovery
under OBRA-90 or other legislation, through fees. The 10 percent of the
remaining budget authority not recovered through fees was historically
referred to as fee-relief activities. In this proposed rule, the NRC
would establish a revised fee-recovery framework, which would eliminate
the 10 percent limit on
[[Page 10461]]
fee-relief activities. Accordingly, the NRC would no longer provide a
fee-relief credit (when the amount budgeted for fee-relief activities
is less than the 10 percent threshold, which would have decreased
annual fees for licensees) or assess a fee-relief surcharge (when the
amount budgeted for fee-relief activities is greater than the 10
percent threshold, which would have increased annual fees for
licensees) as part of the calculation of annual fees for each licensee
fee class.
In FY 2021, 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) NEIMA (42 U.S.C. 2215). The IOAA authorizes and
encourages Federal agencies to recover--to the fullest extent
possible--costs attributable to services provided to identifiable
recipients. Under NEIMA, the NRC must recover, to the maximum extent
practicable, approximately 100 percent of its annual budget, less the
budget authority for excluded activities. Under Section 102(b)(1)(B) of
NEIMA, ``excluded activities'' include any fee-relief activity as
identified by the Commission, generic homeland security activities,
waste incidental to reprocessing activities, Nuclear Waste Fund
activities, advanced reactor regulatory infrastructure activities,
Inspector General services for the Defense Nuclear Facilities Safety
Board, research and development at universities in areas relevant to
the NRC's mission, and a nuclear science and engineering grant program.
In FY 2021, the fee-relief activities identified by the Commission
are consistent with prior final fee rules and include Agreement State
oversight, regulatory support to Agreement States, medical isotope
production infrastructure, fee exemptions for non-profit educational
institutions, costs not recovered from small entities under 10 CFR
171.16(c), generic decommissioning/reclamation activities, the NRC's
uranium recovery program and unregistered general licenses, potential
U.S. Department of Defense Program Memorandum of Understanding
activities (Military Radium-226), and non-military radium sites. In
addition, for FY 2021, the Commission identified international
activities, not including the resources for import and export
licensing, as fee-relief activities to be excluded from the fee-
recovery requirement.
Under NEIMA, the NRC must use its IOAA authority first to collect
service fees for NRC work that provides specific benefits to
identifiable recipients (such as licensing work, inspections, and
special projects). 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,'' explain how the agency
collects service fees from specific beneficiaries. Because the NRC's
fee recovery under the IOAA (10 CFR part 170) will not equal 100
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 comply with
NEIMA.
In addition, Section 102(b)(3)(B)(i) of NEIMA establishes a new cap
for the annual fees charged to operating reactor licensees; under this
provision, the annual fee for an operating reactor licensee, to the
maximum extent practicable, shall not exceed the annual fee amount per
operating reactor licensee established in the FY 2015 final fee rule
(80 FR 37432; June 30, 2015), adjusted for inflation (see Section III,
Discussion, ``FY 2021 Fee Collection--Revised Annual Fees,'' of this
proposed rule).
B. Accurate Invoicing
Section 102(d) of NEIMA requires three sets of actions related to
NRC invoices for service fees assessed under 10 CFR part 170. First, as
stated in Section 102(d)(1) of NEIMA, the NRC must ``ensure appropriate
review and approval prior to the issuance of invoices'' for service
fees. Second, as stated in Section 102(d)(2) of NEIMA, the NRC must
``develop and implement processes to audit invoices [for 10 CFR part
170 service fees] to ensure accuracy, transparency, and fairness.''
Third, as stated in Section 102(d)(3) of NEIMA, the NRC is required to
``modify regulations to ensure fair and appropriate processes to
provide licensees and applicants an opportunity to efficiently dispute
or otherwise seek review and correction of errors in invoices'' for
service fees.
The NRC developed and implemented process improvements to ensure
accurate invoicing for the first two actions. First, in July 2019, the
NRC implemented a new agencywide process to standardize the validation
of fees, which fully satisfies Section 102(d)(1) and partially
addresses Section 102(d)(2) of NEIMA. The new standardized process
improved accountability and oversight within the NRC to ensure that fee
billing data is correct before appearing on a licensee's invoice.
Standardizing the fee validation process defines roles and
responsibilities for performing fee billing validation and
certification; this standardization process also improves
accountability and internal controls by adding management oversight to
improve the accuracy of fee billing data. The NRC's new process will
lead to improved internal and external auditing of service fee invoices
to ensure accuracy, transparency, and fairness of invoices. The process
requires offices with fee billable charges to regularly review and
certify hours and costs to validate the charges before the NRC sends a
bill for service fees. On an annual basis, external financial statement
auditors will conduct an audit of a sample of invoices to determine
whether the NRC is accurately invoicing in accordance with the NRC's
fee schedules. Therefore, NRC's invoices will be reviewed and audited
by both internal and external parties.
The second NEIMA accurate invoicing action also concerns the
transparency and fairness of the overall billing process. The NRC is
firmly committed to the application of fairness and equity in the
assessment of fees. All 10 CFR part 170 service fees are reassessed and
published in the Federal Register on a yearly basis. In January 2018,
the NRC redesigned its invoices to add clarity and transparency for its
stakeholders; new features included an invoice legend of NRC acronyms
and the names of individual NRC staff and/or contractor company, if
applicable, who had performed the work associated with the charges were
added. In addition, the NRC's staff hours and contractor costs were
listed separately on invoices so the recipient could view the subtotals
for the two different categories of costs. Finally, the NRC implemented
a new data structure to more effectively account for and track all
billable work at the project level. The structure included a data
element called an Enterprise Project Identifier (EPID), which provides
useful details regarding the type of project or work that is being
billed. Inspection report numbers were converted to EPIDs to provide
more information, and descriptions of inspection activities were added
to the invoice. Using this data structure enabled the NRC's licensees
and other persons assessed service fees to identify how many hours are
being expended on each of the various activities within a project. To
further these efforts, the NRC standardized its Cost Activity Codes
[[Page 10462]]
(CACs) for all agency activities to clearly provide licensees with
consistent descriptions of the work being performed across licensing
actions, inspections, and over multiple dockets. Invoices for service
fees are now presented in a more useful and readable manner and hours
and costs are no longer commingled. As a result, the NRC's invoices
provide stakeholders greater transparency regarding fees.
In addition, in October 2019, the NRC released an electronic
billing (eBilling) system. This public facing, web-based application
provides persons assessed service fees, including licensees, immediate
delivery of NRC invoices, customizable email notifications, the
capability to view and analyze invoice details, and access to the U.S.
Department of the Treasury systems to pay invoices. The eBilling
application provides persons assessed service fees, including licensees
increased billing process transparency and has increased applicant and
licensee confidence in the assessed fees and charges.
To address the third action, the NRC is proposing a policy change
to modify the regulations in 10 CFR chapter I to provide a standard
process for licensees and applicants to efficiently dispute or
otherwise seek review and correction of errors in invoices for services
fees (see Section III, Discussion, ``FY2021--Policy Changes,'' of this
proposed rule).
III. Discussion
FY 2021 Fee Collection--Overview
The NRC is issuing this FY 2021 proposed fee rule based on the
Consolidated Appropriations Act, 2021 (the enacted budget). The
proposed fee rule reflects a total budget authority in the amount of
$844.4 million, a decrease of $11.2 million from FY 2020. As explained
previously, certain portions of the NRC's total budget authority for
the fiscal year are excluded from NEIMA's fee-recovery requirement
under Section 102(b)(1)(B) of NEIMA. Based on the FY 2021 enacted
budget, these exclusions total $123.0 million, consisting of $91.2
million for fee-relief activities; $17.7 million for advanced reactor
regulatory infrastructure activities; $11.7 million for generic
homeland security activities; $1.2 million for waste incidental to
reprocessing activities; and $1.2 million for Inspector General
services for the Defense Nuclear Facilities Safety Board. Table I
summarizes the excluded activities for the FY 2021 proposed rule.
Table I--Excluded Activities
[Dollars in millions]
------------------------------------------------------------------------
FY 2021
proposed rule
------------------------------------------------------------------------
Fee-Relief Activities: ..............
International activities (not including the 24.7
resources for import and export licensing).........
Agreement State oversight........................... 10.4
Medical isotope production infrastructure........... 5.9
Fee exemption for nonprofit educational institutions 9.3
Costs not recovered from small entities under 10 CFR 7.7
171.16(c)..........................................
Regulatory support to Agreement States.............. 12.3
Generic decommissioning/reclamation activities (not 16.1
related to the power reactor and spent fuel storage
fee classes).......................................
Uranium recovery program and unregistered general 3.6
licensees..........................................
Potential Department of Defense remediation program 1.0
Memorandum of Understanding activities.............
Non-military radium sites........................... 0.2
---------------
Subtotal Fee-Relief Activities.................. 91.2
Activities under Section 102(b)(1)(B)(ii) of NEIMA 14.1
(Generic Homeland Security activities, Waste Incidental
to Reprocessing activities, and the Defense Nuclear
Facilities Safety Board)...............................
Advanced reactor regulatory infrastructure activities... 17.7
---------------
Total Excluded Activities................... 123.0
------------------------------------------------------------------------
After accounting for the exclusions from the fee-recovery
requirement and net billing adjustments (i.e., for FY 2021 invoices
that the NRC estimates will not be paid during the fiscal year, less
payments received in FY 2021 for prior year invoices and current year
collections made for the termination of one operating power reactor),
the NRC must recover approximately $708.8 million in fees in FY 2021.
Of this amount, the NRC estimates that $185.9 million will be recovered
through 10 CFR part 170 service fees and approximately $522.9 million
will be recovered through 10 CFR part 171 annual fees. Table II
summarizes the fee-recovery amounts for the FY 2021 proposed fee rule
using the enacted budget, and taking into account the budget authority
for excluded 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. ML20346A173) for actual amounts.
In FY 2021, the explanatory statement associated with the
Consolidated Appropriations Act, 2021, also includes direction for the
NRC to use $35.0 million in prior-year unobligated carryover funds,
including $16.0 million to fund the Integrated University Program for
FY 2021. The NRC does not assess fees in the current fiscal year for
any carryover funds because, consistent with the requirements of NEIMA,
fees are calculated based on the budget authority enacted for the
current fiscal year and fees were already assessed in the fiscal year
in which the carryover funds were appropriated.
[[Page 10463]]
Table II--Budget and Fee Recovery Amounts 1
[Dollars in millions]
------------------------------------------------------------------------
FY 2021
proposed rule
------------------------------------------------------------------------
Total Budget Authority.................................. $844.4
Less Budget Authority for Excluded Activities:.......... -123.0
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Balance............................................. 721.4
Fee Recovery Percent.................................... 100
Total Amount to be Recovered:........................... 721.4
Less Estimated Amount to be Recovered through 10 CFR -185.9
part 170 Fees......................................
Estimated Amount to be Recovered through 10 CFR part 535.5
171 Fees...........................................
10 CFR part 171 Billing Adjustments:
Unpaid Current Year Invoices (estimated)............ 3.0
Less Current Year Collections from a Terminated -2.7
Reactor--Indian Point Nuclear Generating, Unit 2 in
FY 2020 and Indian Point Nuclear Generating, Unit 3
in FY 2021.........................................
Less Payments Received in Current Year for Previous -12.9
Year Invoices (estimated)..........................
Adjusted Amount to be Recovered through 10 CFR parts 170 708.8
and 171 Fees...........................................
Adjusted 10 CFR part 171 Annual Fee Collections Required 522.9
------------------------------------------------------------------------
FY 2021 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 is 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 equivalent (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] TP22FE21.000
For FY 2021, the NRC is proposing to increase the professional
hourly rate from $279 to $288. The 3.2 percent increase in the FY 2021
professional hourly rate is primarily due to a 2.1 percent increase in
budgetary resources of approximately $15.0 million. The increase in
budgetary resources is, in turn, primarily due to an increase in
salaries and benefits to support Federal pay raises for NRC employees.
The anticipated decline in the number of mission-direct FTE compared to
FY 2020 also contributed to the increase in the professional hourly
rate. The hourly rate is inversely related to the mission-direct FTE
amount; therefore, as the number of mission-direct FTE decrease the
hourly rate can increase. The number of mission-direct FTE is expected
to decline by 17, primarily due to: (1) The completion of probabilistic
risk assessment reviews related to lessons learned from the accident at
Fukushima Dai-ichi in Japan; (2) the closure of Duane Arnold Energy
Center (Duane Arnold); and (3) the reduced workload associated with
significance determinations, operating experience evaluations, and
generic communications development.
The FY 2021 estimate for annual mission-direct FTE productive hours
is 1,510 hours, which is unchanged from FY 2020. 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 III shows the professional hourly rate
calculation methodology. The FY 2020 amounts are provided for
comparison purposes.
[[Page 10464]]
Table III--Professional Hourly Rate Calculation
[Dollars in millions, except as noted]
------------------------------------------------------------------------
FY 2020 final FY 2021
rule proposed rule
------------------------------------------------------------------------
Mission-Direct Program Salaries & $314.6 $335.3
Benefits...............................
Mission-Indirect Program Support........ $110.8 $113.2
Agency Support (Corporate Support and $291.5 $283.7
the IG)................................
-------------------------------
Subtotal............................ $716.9 $732.2
Less Offsetting Receipts \2\............ $0.0 $0.0
Total Budgeted Resources Included in $716.9 $732.2
Professional Hourly Rate...........
Mission-Direct FTE (Whole numbers)...... 1,701 1,684
Annual Mission-Direct FTE Productive 1,510 1,510
Hours (Whole numbers)..................
Mission-Direct FTE Converted to Hours 2,568,510 2,542,840
(Mission-Direct FTE multiplied by
Annual Mission-Direct FTE Productive
Hours) (In Millions)...................
Professional Hourly Rate (Total Budgeted $279 $288
Resources Included in Professional
Hourly Rate Divided by Mission-Direct
FTE Converted to Hours) (Whole Numbers)
------------------------------------------------------------------------
FY 2021 Fee Collection--Flat Application Fee Changes
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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.
---------------------------------------------------------------------------
The NRC proposes to amend the flat application fees it charges in
its schedule of fees in Sec. Sec. 170.21 and 170.31 to reflect the
revised professional hourly rate of $288. The NRC charges these fees to
applicants for materials licenses and other regulatory services, as
well as to 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 professional hourly rate for FY
2021. As part of its calculations, the NRC analyzes the actual hours
spent performing licensing actions and estimates the five-year average
of professional staff hours that are needed to process licensing
actions as part of its biennial review of fees; these actions are
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 2021 and
will perform this review again in FY 2023. The biennial review
adjustments and the higher professional hourly rate of $288 are the
primary reasons for the increase in application fees (see the work
papers).
In order to simplify billing, the NRC rounds these flat fees to a
minimal degree. Specifically, the NRC rounds these flat fees (up or
down) 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 import and
export licensing actions (see fee categories K.1. through K.5. of Sec.
170.21 and fee categories 15.A. through 15.R. of Sec. 170.31), as well
as 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). Applications filed on or after the effective date of the FY
2021 final fee rule will be subject to the revised fees in the final
rule.
FY 2021 Fee Collection--Low-Level Waste Surcharge
As in prior years, the NRC proposes to assess 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 disposed of by
four generator classes: Academic, industrial, medical, and utility. The
ratio of waste volumes disposed of by these generator classes to total
LLW volumes disposed 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 the materials users fee classes. The materials
users fee class portion is adjusted to account for the large percentage
of materials licensees that are licensed by the Agreement States rather
than the NRC.
Table IV shows the allocation of the LLW surcharge and its proposed
allocation across the various fee classes.
Table IV--Allocation of LLW Surcharge FY 2021
[Dollars in millions]
------------------------------------------------------------------------
LLW surcharge
-------------------------------
Percent $
------------------------------------------------------------------------
Operating Power Reactors................ 87.4 2.938
Spent Fuel Storage/Reactor 0.0 0.000
Decommissioning........................
Non-Power Production or Utilization 0.0 0.000
Facilities.............................
[[Page 10465]]
Fuel Facilities......................... 10.0 0.336
Materials Users......................... 2.6 0.087
Transportation.......................... 0.0 0.000
Rare Earth Facilities................... 0.0 0.000
Uranium Recovery........................ 0.0 0.000
-------------------------------
Total............................... 100.0 3.361
------------------------------------------------------------------------
FY 2021 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 100 percent of the NRC's FY 2021
enacted budget (less the budget authority for excluded activities 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
$185.9 million, which is a decrease of $34.2 million from the FY 2020
final rule (see the specific fee class sections for a discussion of
this decrease). The NRC, therefore, proposes to recover $522.9 million
through annual fees from its licensees, which is an increase of $14.9
million from the FY 2020 final rule.
Table V shows the proposed rebaselined fees for FY 2021 for a
sample of licensee categories. The FY 2020 amounts are provided for
comparison purposes.
Table V--Rebaselined Annual Fees
[Actual dollars]
------------------------------------------------------------------------
FY 2021
Class/category of licenses FY 2020 final proposed
annual fee annual fee
------------------------------------------------------------------------
Operating Power Reactors................ $4,621,000 $4,809,000
+ Spent Fuel Storage/Reactor 188,000 246,000
Decommissioning........................
-------------------------------
Total, Combined Fee................. 4,804,000 5,050,000
Spent Fuel Storage/Reactor 188,000 246,000
Decommissioning........................
Non-Power Production or Utilization 81,300 78,700
Facilities.............................
High Enriched Uranium Fuel Facility 5,067,000 4,835,000
(Category 1.A.(1)(a))..................
Low Enriched Uranium Fuel Facility 1,717,000 1,639,000
(Category 1.A.(1)(b))..................
Uranium Enrichment (Category 1.E)....... 2,208,000 2,107,000
UF6 Conversion and Deconversion Facility 510,000 486,000
(Category 2.A.(1)......................
Basic In Situ Recovery Facilities 49,200 45,900
(Category 2.A.(2)(b))..................
Typical Users:
Radiographers (Category 3O)......... 29,900 29,000
All Other Specific Byproduct 9,700 9,800
Material Licensees (Category 3P)...
Medical Other (Category 7C)......... 14,800 16,700
Device/Product Safety Evaluation-- 13,800 17,800
Broad (Category 9A)................
------------------------------------------------------------------------
The work papers that support this proposed rule show in detail how
the NRC allocates the budgeted resources for each class of licensees
and calculates the fees.
Paragraphs a. through h. of this section describe the 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 for this proposed rule.
a. Operating Power Reactors
The NRC proposes to collect $446.8 million in annual fees from the
operating power reactors fee class in FY 2021, as shown in Table VI.
The FY 2020 operating power reactor fees are shown for comparison
purposes.
Table VI--Annual Fee Summary Calculations for Operating Power Reactors
[Dollars in millions]
------------------------------------------------------------------------
FY 2021
Summary fee calculations FY 2020 final proposed
------------------------------------------------------------------------
Total budgeted resources................ $623.9 $611.8
Less estimated 10 CFR part 170 receipts. -186.7 -157.0
-------------------------------
[[Page 10466]]
Net 10 CFR part 171 resources....... 437.2 454.8
Allocated generic transportation........ 0.2 0.3
Fee-relief adjustment................... -1.2 N/A
Allocated LLW surcharge................. 3.1 2.9
Billing adjustment...................... 2.4 -8.4
Adjustment: Estimated current year -2.7 -2.7
collections from terminated reactor
(Indian Point Generating, Unit 2 in FY
2020 and Indian Point Generating, Unit
3 in FY 2021)..........................
-------------------------------
Total required annual fee recovery.. 439.0 446.8
-------------------------------
Total operating reactors............ 95 93
------------------------------------------------------------------------
Annual fee per reactor.................. 4.621 4.804
------------------------------------------------------------------------
In comparison to FY 2020, the FY 2021 proposed annual fee for the
operating power reactors fee class is increasing primarily due to the
following: (1) The decline in 10 CFR part 170 estimated billings; (2)
the reduction in the fleet due to the closure of Duane Arnold and
Indian Point Energy Center (Indian Point Unit 3); and (3) the absence
of the fee-relief adjustment. The increase in the proposed annual fee
for the operating power reactors fee class is partially offset due to
the following: (1) The decrease in budgeted resources and (2) a billing
adjustment and current year collection adjustment. These components are
discussed below.
The 10 CFR part 170 estimated billings declined primarily due to
the following: (1) The decrease due to the plant closures of Indian
Point Unit 3 closing in April 2021 and Duane Arnold closing in October
2020; (2) the completion of construction activities at Vogtle Electric
Generating Plant, Unit 3 (Vogtle Unit 3); and (3) the completion of the
NuScale small modular reactor (SMR) Design Certification review. This
decrease in the 10 CFR part 170 estimated billings is partially offset
by increased work to support the following: (1) The review of the Oklo
Power LLC combined license application for the Aurora micro reactor,
which was docketed in June 2020; and (2) inspection activities in order
to perform inspections that were deferred due to the COVID-19 public
health emergency.
In addition, as a result of the revised fee-recovery framework
under NEIMA, the FY 2021 proposed annual fee increased due to the
absence of the fee-relief adjustment that was made for FY 2020. Because
NEIMA eliminated the approximately 90 percent requirement for fee
recovery and, in turn, the 10 percent limit on fee-relief activities,
the NRC will no longer provide a fee-relief credit or assess a fee-
relief surcharge as part of the calculation of annual fees for each
licensee fee class.
The increase in the annual fee is partially offset by a decline in
FTEs that includes, but is not limited to, the following: (1) The
completion of probabilistic risk assessment reviews related to lessons
learned from the accident at Fukushima Dai-ichi in Japan; (2) the
closure of Duane Arnold; (3) reduced workload associated with
significance determinations, operating experience evaluations, and
generic communications development; (4) the completion of the NuScale
SMR Design Certification review; (5) a decrease in licensing actions
resulting from the completion of construction of Vogtle Unit 3 and
reduced demand for operator licensing and vendor inspection work as
Vogtle Unit 3 will be transitioning to operational; and (6) decreases
in research workload in areas of flooding, high energy arc faulting
testing, and the near completion of the Level 3 probabilistic risk
assessment project. The decrease in the budgeted resources is offset by
an increase for certain contract costs due to a reduction in the
utilization of prior-year unobligated carryover funding and an increase
in the fully costed FTE rate compared to FY 2020.
In addition, the increase in the annual fee is partially offset by
the $8,444,731 billing adjustment that was included in the operating
power reactors calculation due to the deferral of annual fees and fees
for services due to the COVID-19 public health emergency, and a
$2,700,000 current year collection adjustment in the operating power
reactors fee class calculation due to the shutdown of Indian Point Unit
3.
The recoverable budgeted costs are divided equally among the 93
licensed operating power reactors, a decrease of two operating power
reactors compared to FY 2020 due to the closure of Duane Arnold and
Indian Point Unit 3, resulting in an annual fee of $4,804,000 per
reactor. Additionally, each licensed operating power reactor is
assessed the FY 2021 spent fuel storage/reactor decommissioning annual
fee of $246,000 (see Table VII and the discussion that follows). The
combined FY 2021 annual fee for each operating power reactor is
$5,050,000.
The NRC included an estimate of the operating power reactors annual
fee in Appendix C, ``Estimated Operating Power Reactors Annual Fee,''
of the FY 2021 CBJ, with the intent to increase transparency with
stakeholders. The NRC developed this estimate based on the staff's
allocation of the FY 2021 budget request to fee classes under 10 CFR
part 170, and allocations within the operating power reactors fee class
under 10 CFR part 171. In addition, the estimated annual fee assumed 93
operating power reactors in FY 2021 and applied various data
assumptions from the FY 2019 final fee rule. Based on these allocations
and assumptions, the operating power reactor annual fee included in the
FY 2021 CBJ was estimated to be $4.8 million, approximately $0.6
million below the FY 2015 operating power reactors annual fee amount
adjusted for inflation of $5.4 million. Collectively, these actions
serve to mitigate impacts resulting from licensees leaving the fee
class and help the NRC continue to develop budgets that account for a
fee class with a declining number of licensees. Although the FY 2021
CBJ included the estimated operating power reactors annual fee, the
assumptions made above between budget formulation and the development
of the FY 2021 proposed rule have changed, as shown in Table VI.
In FY 2016, the NRC amended its licensing, inspection, and annual
fee
[[Page 10467]]
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 will not assess an annual fee in FY 2021 for this
type of licensee.
b. Spent Fuel Storage/Reactor Decommissioning
The NRC proposes to collect $30.1 million in annual fees from 10
CFR part 50 power reactor licensees, 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 in
FY 2021, as shown in Table VII. The FY 2020 spent fuel storage/reactor
decommissioning fees are shown for comparison purposes.
Table VII--Annual Fee Summary Calculations for Spent Fuel Storage/
Reactor Decommissioning
[Dollars in millions]
------------------------------------------------------------------------
FY 2021
Summary fee calculations FY 2020 final proposed
------------------------------------------------------------------------
Total budgeted resources................ $37.9 $42.2
Less estimated 10 CFR part 170 receipts. -15.9 -12.4
-------------------------------
Net 10 CFR part 171 resources....... 22.1 29.8
Allocated generic transportation costs.. 0.8 0.8
Fee-relief adjustment................... -0.1 N/A
Billing adjustments..................... 0.1 -0.6
-------------------------------
Total required annual fee recovery.. 22.9 30.1
Total spent fuel storage facilities. 122 122
------------------------------------------------------------------------
Annual fee per facility................. $0.188 $0.246
------------------------------------------------------------------------
In comparison to FY 2020, the FY 2021 proposed annual fee for the
spent fuel storage/reactor decommissioning fee class is increasing
primarily due to the increase in the budgeted resources and the decline
in the 10 CFR part 170 estimated billings.
The budgeted resources for the spent fuel storage/reactor
decommissioning fee class increased primarily to support of the
following: (1) Decommissioning activities associated with power
reactors in decommissioning, including the transition of Duane Arnold
from operation to the power reactor decommissioning program; and (2)
waste research activities associated with accident tolerant fuel, high
burnup, and enrichment extension fuels.
The 10 CFR part 170 estimated billings for FY 2021 decreased
primarily due to the following: (1) A reduction in hours associated
with the staff's review of renewals and amendments for independent
spent fuel storage installation (ISFSI) licenses and dry cask storage
certificates of compliance (CoCs); (2) the near completion of the
staff's review of the Interim Storage Partners consolidated interim
storage facility application; (3) the completion of certain follow-up
inspections and other inspection activities for San Onofre Nuclear
Generating Station; (4) the completion of licensing actions, partial
site release requests, and a decrease in confirmatory survey work at
multiple sites; (5) the near completion of the license termination for
the La Crosse Boiling Water Reactor; (6) a reduction in contract
support due to a decrease in confirmatory survey contractor work
expected; and (7) a decrease in billable hours for the Pilgrim Nuclear
Power Station due to the site converting to decommissioning. This
decrease in the 10 CFR part 170 estimated billings is partially offset
by increased work to support the following: (1) The review of renewals
and amendments for dry cask storage certificates of compliance, and
inspection activities for ISFSI licenses and dry cask storage CoCs; (2)
the staff's safety and environmental review of the Holtec HI-STORE
consolidated interim storage facility application; (3) the staff's
review of the Holtec Thermal Topical Report on the HI-STORM 100 and HI-
STORM FW Systems; (4) activities within the power reactor
decommissioning program associated with the plant closures of Duane
Arnold, Indian Point Units 2 and 3, and Three Mile Island Nuclear
Generating Station, Unit 1; and (5) the review of decommissioning
license amendments, exemptions, and inspection activities at multiple
sites.
The increase in the annual fee is partially offset by an
approximate $0.6 million 10 CFR part 171 billing adjustment that was
included in the spent fuel storage/reactor decommissioning calculation
due to the deferral of annual fees and fees for services due to the
COVID-19 public health emergency.
The required annual fee recovery amount is divided equally among
122 licensees, resulting in a proposed FY 2021 annual fee of $246,000
per licensee.
c. Fuel Facilities
The NRC proposes to collect $17.2 million in annual fees from the
fuel facilities fee class in FY 2021, as shown in Table VIII. The FY
2020 fuel facilities fees are shown for comparison purposes.
Table VIII--Annual Fee Summary Calculations for Fuel Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2021
Summary fee calculations FY 2020 final proposed
------------------------------------------------------------------------
Total budgeted resources................ $23.2 $23.3
Less estimated 10 CFR part 170 receipts. -6.8 -7.4
-------------------------------
Net 10 CFR part 171 resources....... 16.5 16.0
[[Page 10468]]
Allocated generic transportation........ 1.1 1.2
Fee-relief adjustment................... -0.1 N/A
Allocated LLW surcharge................. 0.4 0.3
Billing adjustments..................... 0.1 -0.3
-------------------------------
Total remaining required annual fee $18.0 $17.2
recovery...........................
------------------------------------------------------------------------
In comparison to FY 2020, the FY 2021 proposed annual fee for the
fuel facilities fee class is decreasing primarily due to the increase
in 10 CFR part 170 estimated billings and the 10 CFR part 171 billing
adjustment that was included in the fuel facilities calculation due to
the deferral of annual fees and fees for services due to the COVID-19
public health emergency. The decrease in the proposed annual fee is
offset by an increase in the budgeted resources as discussed below.
The 10 CFR part 170 estimated billings increased as a result of the
following: (1) The increased workload to support the staff's review of
a license amendment application associated with high assay low enriched
uranium and the associated security plans, and (2) the review of the
Westinghouse environmental impact statement being developed for the
license renewal. As part of the proposed annual fee, an approximate
$0.3 million billing adjustment was included in the fuel facilities
calculation due to the deferral of annual fees and fees for services
due to the COVID-19 public health emergency.
The decrease in the proposed annual fee is offset in part by an
increase in the resources for contract costs budgeted for the fuel
facilities fee class primarily due to a reduction in the utilization of
prior-year unobligated carryover compared to FY 2020.
The NRC will continue allocating annual fees to individual fuel
facility licensees based on the effort/fee determination matrix
developed in the FY 1999 final fee rule (64 FR 31447; June 10, 1999).
To briefly recap, the matrix groups licensees within this fee class
into various fee categories. The matrix lists processes that are
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 2021
----------------------------------------------------------------------------------------------------------------
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 7 2
----------------------------------------------------------------------------------------------------------------
In FY 2021, the total remaining amount of annual fees proposed to
be recovered, $17.2 million, is attributable to safety activities,
safeguards activities, and the LLW surcharge. For FY 2021, the total
budgeted resources proposed to be recovered as annual fees for safety
activities are $9.6 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, $7.2 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 LLW surcharge--
$0.3 million--is allocated to each fee category based on its percentage
of the total regulatory effort for both safety and safeguards
activities. The proposed annual fee per licensee is then calculated by
dividing the total allocated budgeted resources for the fee category by
the number of licensees in that fee category. The fee for each facility
is summarized in Table X.
Table X--Annual Fees for Fuel Facilities
[Actual dollars]
------------------------------------------------------------------------
FY 2021
Facility type (fee category) FY 2020 final proposed
annual fee annual fee
------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)). $5,067,000 $4,835,000
Low-Enriched Uranium Fuel (1.A.(1)(b)).. 1,717,000 1,639,000
[[Page 10469]]
Gas Centrifuge Enrichment Demonstration N/A N/A
(1.A.(2)(b))...........................
Hot Cell (and others) (1.A.(2)(c))...... N/A N/A
Uranium Enrichment (1.E.)............... 2,208,000 2,107,000
UF 6 Conversion and Deconversion 510,000 486,000
(2.A.(1))..............................
------------------------------------------------------------------------
d. Uranium Recovery Facilities
The NRC proposes to collect $0.1 million in annual fees from the
uranium recovery facilities fee class in FY 2021, as shown in Table XI.
The FY 2020 uranium recovery fees are shown for comparison purposes.
Table XI--Annual Fee Summary Calculations for Uranium Recovery
Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2021
Summary fee calculations FY 2020 final proposed
------------------------------------------------------------------------
Total budgeted resources................ $0.6 $0.5
Less estimated 10 CFR part 170 receipts. -0.4 -0.3
-------------------------------
Net 10 CFR part 171 resources....... 0.2 0.1
Allocated generic transportation........ N/A N/A
Fee-relief adjustment................... 0.0 N/A
Billing adjustments..................... 0.0 0.0
-------------------------------
Total required annual fee recovery.. 0.2 0.1
------------------------------------------------------------------------
In comparison to FY 2020, the FY 2021 proposed annual fee for the
uranium recovery fee class is decreasing primarily due to a decline in
the budgeted resources because of an expected decrease in casework
associated with uranium recovery policy issues, environmental review
coordination activities, and guidance development.
The NRC regulates DOE's Title I and Title II activities under the
Uranium Mill Tailings Radiation Control Act (UMTRCA).\3\ The annual fee
assessed to DOE includes the costs specifically budgeted for the NRC's
UMTRCA Title I and II activities, as well as 10 percent of the
remaining budgeted costs for this fee class. The NRC described the
overall methodology for determining fees for UMTRCA in the FY 2002 fee
rule (67 FR 42625; June 24, 2002), and the NRC continues to use this
methodology. The DOE's UMTRCA annual fee decreased compared to FY 2020
due to an increase in the 10 CFR part 170 estimated billings for the
anticipated workload increases at various DOE UMTRCA sites. The NRC
assesses the remaining 90 percent of its budgeted costs to the
remaining licensee in this fee class, as described in the work papers.
This is reflected in Table XII:
---------------------------------------------------------------------------
\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 2021
Summary of costs FY 2020 final proposed
annual fee annual fee
------------------------------------------------------------------------
DOE Annual Fee Amount (UMTRCA Title I
and Title II) General Licenses:
UMTRCA Title I and Title II budgeted $114,577 $75,442
costs less 10 CFR part 170 receipts
10 percent of generic/other uranium 5,573 5,103
recovery budgeted costs............
10 percent of uranium recovery fee- -107 N/A
relief adjustment..................
-------------------------------
Total Annual Fee Amount for DOE 120,000 81,000
(rounded)......................
Annual Fee Amount for Other Uranium
Recovery Licenses:
90 percent of generic/other uranium 50,153 45,923
recovery budgeted costs less the
amounts specifically budgeted for
UMTRCA Title I and Title II
activities.........................
90 percent of uranium recovery fee- -959 N/A
relief adjustment..................
-------------------------------
Total Annual Fee Amount for 49,194 45,923
Other Uranium Recovery Licenses
------------------------------------------------------------------------
[[Page 10470]]
Further, for any non-DOE licensees, the NRC will 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, and mill tailings disposal
facilities. The matrix identifies the types of operating activities
that support and benefit these licensees, along with each activity's
relative weight (See the work papers). Currently, there is only one
remaining non-DOE licensee, which is a non-resin 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
----------------------------------------------------------------------------------------------------------------
Number of Benefit factor Benefit factor
Fee category licensees per licensee Total value percent total
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a)).. 0 0 0 0
Basic In Situ Recovery facilities (2.A.(2)(b)).. 1 190 190 100.0
Expanded In Situ Recovery facilities 0 0 0 0
(2.A.(2)(c))...................................
Section 11e.(2) disposal incidental to existing 0 0 0 0
tailings sites (2.A.(4)).......................
---------------------------------------------------------------
Total....................................... 1 190 190 100.0
----------------------------------------------------------------------------------------------------------------
The annual fee for the remaining non-DOE licensee is calculated by
allocating 100 percent of the budgeted resources, as summarized in
Table XIV.
Table XIV--Annual Fees for Uranium Recovery Licensees
(Other than DOE)
[Actual dollars]
------------------------------------------------------------------------
FY 2021
Facility type (fee category) FY 2020 final proposed
annual fee annual fee
------------------------------------------------------------------------
Conventional and Heap Leach mills N/A N/A
(2.A.(2)(a))...........................
Basic In Situ Recovery facilities $49,200 $45,900
(2.A.(2)(b))...........................
Expanded In Situ Recovery facilities N/A N/A
(2.A.(2)(c))...........................
Section 11e.(2) disposal incidental to N/A N/A
existing tailings sites (2.A.(4))......
------------------------------------------------------------------------
e. Non-Power Production or Utilization Facilities
The NRC proposes to collect $0.315 million in annual fees from the
non-power production or utilization facilities fee class in FY 2021, as
shown in Table XV. The non-power production or utilization facility fee
class replaces the research and test reactor fee class from previous
fiscal years. This revised fee class accounts for commercial non-
reactor production and utilization facilities expected to be used for
the production of medical isotopes. The final FY 2020 research and test
reactors fees are shown for comparison purposes.
Table XV--Annual Fee Summary Calculations for Non-Power Production or
Utilization Facilities
[Actual dollars]
------------------------------------------------------------------------
FY 2021
Summary fee calculations FY 2020 final proposed
------------------------------------------------------------------------
Total budgeted resources................ $3,317,830 $3,992,782
Less estimated 10 CFR part 170 receipts. -3,030,000 -3,655,000
-------------------------------
Net 10 CFR part 171 resources....... 287,830 337,782
Allocated generic transportation........ 30,713 32,585
Fee-relief adjustment................... -6,183 N/A
Billing adjustments..................... 12,980 -55,539
-------------------------------
Total required annual fee recovery.. 325,341 314,827
-------------------------------
Total non-power production or 4 4
utilization facilities licenses....
-------------------------------
Total annual fee per license 81,300 78,700
(rounded)..........................
------------------------------------------------------------------------
In comparison to FY 2020, the proposed annual fee for the non-power
production or utilization facilities fee class is decreasing, primarily
due to a rise in 10 CFR part 170 estimated billings to support the
following: (1) Activities associated with the review of the GE Nuclear
Test Reactor license renewal application; (2) activities
[[Page 10471]]
associated with reviewing operating license application(s),
construction permit application(s); and (3) conducting pre-application
activities for non-power production or utilization facilities. The
budgeted resources for the non-power production or utilization
facilities fee class increased primarily to support an increased
workload for initial licensing activities.
The annual fee-recovery amount is divided equally among the four
non-power production or utilization facilities licensees subject to
annual fees and results in an FY 2021 proposed annual fee of $78,700
for each licensee.
f. Rare Earth
The NRC has not allocated any budgeted resources to this fee class;
therefore, the NRC is not proposing to assess an annual fee for this
fee class in FY 2021.
g. Materials Users
The NRC proposes to collect $35.1 million in annual fees from
materials users licensed under 10 CFR parts 30, 40, and 70, as shown in
Table XVI. The FY 2020 materials users fees are shown for comparison
purposes.
Table XVI--Annual Fee Summary Calculations for Materials Users
[Dollars in millions]
------------------------------------------------------------------------
FY 2021
Summary fee calculations FY 2020 final proposed
------------------------------------------------------------------------
Total budgeted resources for licensees $33.7 $35.1
not regulated by Agreement States......
Less estimated 10 CFR part 170 receipts. -1.0 -1.0
-------------------------------
Net 10 CFR part 171 resources....... 32.8 34.1
Allocated generic transportation........ 1.2 1.3
Fee-relief adjustment................... 0.0 N/A
LLW surcharge........................... 0.0 0.1
Billing adjustments..................... 0.1 -0.4
-------------------------------
Total required annual fee recovery.. 34.1 35.1
------------------------------------------------------------------------
The formula for calculating 10 CFR part 171 annual fees for the
various categories of materials users is described in detail in the
work papers. Generally, the calculation results in a single annual fee
that includes 10 CFR part 170 costs, such as amendments, renewals,
inspections, and other licensing actions specific to individual fee
categories.
The total annual fee recovery of $35.1 million proposed for FY 2021
shown in Table XVI consists of $27.3 million for general costs and $7.7
million for inspection costs. To equitably and fairly allocate the
$35.1 million required to be collected among approximately 2,500
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.
In comparison to FY 2020, the proposed annual fees for the
materials users fee class are increasing due to the following: (1) The
NRC is proposing an increase in the fully costed FTE rate compared to
FY 2020; (2) an increase in the budgeted resources for contract costs
due to a reduction in the utilization of prior-year unobligated
carryover funding compared to FY 2020; and (3) the realignment of
budgeted resources that supports contract funding for general license
tracking, the materials event database, and rulemaking information
technology activities. In addition, the results of the biennial review
of fees resulted in some increases and decreases in the proposed annual
fees.
A constant multiplier is established to recover the total general
costs (including allocated generic transportation costs) of $27.3
million. To derive the constant multiplier, the general cost amount is
divided by the sum 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 0.99 for FY 2021. The average inspection cost is the average
inspection hours for each fee category multiplied by the professional
hourly rate of $288. The inspection priority is the interval between
routine inspections, expressed in years. The inspection multiplier is
established in order to recover the $7.7 million in inspection costs.
To derive the inspection multiplier, the inspection costs amount is
divided by the sum 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 1.43 for FY 2021.
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 proposed annual fee assessed to each licensee also takes into
account a share of approximately $0.087 million in LLW surcharge costs
allocated to the materials users fee class (see Table IV, ``Allocation
of LLW Surcharge, FY 2021,'' in Section IV, ``Discussion,'' of this
document). The proposed annual fee for each fee category is shown in
the 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 2021, as shown in Table
XVII. The FY 2020 fees are shown for comparison purposes.
[[Page 10472]]
Table XVII--Annual Fee Summary Calculations for Transportation
[Dollars in millions]
------------------------------------------------------------------------
FY 2021
Summary fee calculations FY 2020 final proposed
------------------------------------------------------------------------
Total Budgeted Resources................ $7.2 $8.3
Less Estimated 10 CFR part 170 Receipts. -2.8 -3.6
-------------------------------
Net 10 CFR part 171 Resources....... 4.4 4.6
Less Generic Transportation Resources... -3.4 -3.6
Fee-relief adjustment................... 0.0 N/A
Billing adjustments..................... 0.0 -0.1
-------------------------------
Total required annual fee recovery.. 1.0 1.0
------------------------------------------------------------------------
In comparison to FY 2020, the proposed annual fee for the
transportation fee class is decreasing primarily due to the 10 CFR part
171 billing adjustment and the rise in the 10 CFR part 170 estimated
billings to support multiple amendment requests related to new
amendment packages.
An offset to the decrease in the annual fee transportation fee
class is due to the following: (1) An increase in the budgeted
resources for contract costs due to a reduction in the utilization of
prior-year unobligated carryover funding compared to FY 2020; (2) an
increase in the number and complexities of transportation package
applications as a result of rising power reactors in decommissioning;
and (3) the expanded use of accident tolerant fuels.
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 non-power production or
utilization facilities fee class, the NRC allocates the distribution to
only those licensees that are subject to annual fees. Although five
CoCs benefit the entire non-power production or utilization facilities
fee class, only 4 out of 31 non-power production or utilization
facilities licensees are subject to annual fees. Consequently, the
number of CoCs used to determine the proportion of generic
transportation resources allocated to annual fees for the non-power
production or utilization facilities fee class has been adjusted to 0.7
so these licensees are charged a fair and equitable portion of the
total fees (See the work papers).
Table XVIII--Distribution of Transportation Resources, FY 2021
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
Allocated
Number of CoCs Percentage of generic
Licensee fee class/DOE benefiting fee total CoCs transportation
class or DOE resources
----------------------------------------------------------------------------------------------------------------
Materials Users................................................. 25.0 27.3 1.3
Operating Power Reactors........................................ 5.0 5.5 0.3
Spent Fuel Storage/Reactor Decommissioning...................... 16.0 17.5 0.8
Non-Power Production or Utilization Facilities.................. 0.7 0.7 0.0
Fuel Facilities................................................. 24.0 26.2 1.2
-----------------------------------------------
Sub-Total of Generic Transportation Resources............... 70.7 77.1 3.6
DOE............................................................. 21.0 22.9 1.1
-----------------------------------------------
Total....................................................... 91.7 100.0 4.6
----------------------------------------------------------------------------------------------------------------
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 2021--Policy Changes
The NRC is proposing two policy changes for FY 2021:
Process for Disputing Errors in Invoices for Service Fees
Section 102(d)(3) of NEIMA requires the NRC to ``modify regulations
to ensure fair and appropriate processes to provide licensees and
applicants an opportunity to efficiently dispute or otherwise seek
review and correction of errors in invoices'' for service fees. The NRC
is proposing requirements for a standard method for licensees and
applicants to efficiently dispute or seek review and correction of
errors in invoices. The proposed process is illustrated in the process
map, ``NRC Form 529, Processing Dispute of Fees-For-Service Charges''
(ADAMS Accession No. ML20311A159). This proposed process follows the
established method for licensees and applicants to submit requests for
the review of fees assessed under 10 CFR part 170 (ADAMS Accession No.
ML20104C055). The NRC Form 529 will be available in the agency's
eBilling system, on the agency's public site, and
[[Page 10473]]
can be found under ADAMS Accession No. ML20339A673. Standard use of an
NRC form and amendments to the current regulations in Sec. 15.31 will
increase efficiency by providing the licensees and applicants with
clear guidelines and expectations for submitting a fee dispute. It will
also eliminate ambiguity regarding the appropriate information needed
for the NRC to consider and make a determination on a fee dispute.
In response to NEIMA's requirement that the NRC modify its
regulations to provide licensees and applicants an opportunity to
efficiently dispute or otherwise seek review and correction of errors
in service fee invoices. The NRC proposes to revise its regulations in
10 CFR part 15. Specifically the NRC is proposing revisions to Sec.
15.31, ``Disputed debts,'' with conforming amendments in Sec. Sec.
15.37, ``Interest, penalties, and administrative costs,'' 15.53,
``Reasons for suspending collection action,'' and changing Sec.
170.51, ``Right to review and appeal of prescribed fees,'' to ``Right
to dispute assessed fees.'' The NRC also proposes to add a new
regulation, Sec. 171.26, ``Right to dispute assessed fees,'' to 10 CFR
part 171. These proposed changes outline the interactions between the
submitter and the NRC. The proposed process will enhance understanding
of the dispute process by setting out the process for submitting a fee
dispute, the stages of the decisionmaking process while the dispute is
under review, and the manner by which the NRC will notify a debtor
after it makes a final determination on a dispute. Additionally, the
proposed revisions provide consistent terminology to differentiate fee
disputes under 10 CFR part 15 from fee exemptions under 10 CFR parts
170 and 171.
Assessment of Annual Fees for Future 10 CFR Part 50 Non-Power
Production or Utilization Facility Licensees and for Small Modular
Reactor Licensees
The NRC proposes to amend Sec. 171.15(a) so that the assessment of
annual fees commences after future non-power production or utilization
facility (NPUF) licensees have successfully completed startup testing
and have provided written notification to the NRC. In addition, the NRC
is proposing to rename the ``research and test reactors'' fee class the
``non-power production and utilization facility'' fee class, which
would include currently operating research and test reactors and future
NPUFs, such as non-reactor NPUF technologies. Finally, the NRC is
proposing to amend Sec. 171.15(e) so that the assessment of annual
fees for a small modular reactor (SMR) licensee commences after the
successful completion of power ascension testing and the licensee
provides written notification to the NRC. These proposed policy changes
are consistent with the FY 2020 final fee rule that amended the timing
of the assessment of annual fees for future 10 CFR part 50 power
reactors and 10 CFR part 52 COL holders.
Currently, Sec. 171.15(a), requires the NRC to assess annual fees
to a test or research reactor (excluding test or research reactors
exempted under Sec. 171.11(b)) when the NRC authorizes the licensee to
use nuclear materials (i.e., begin operating the reactor in accordance
with its license). The NRC has not established a policy for assessing
10 CFR part 171 annual fees to future non-reactor NPUF licensees (e.g.,
SHINE Medical Technologies, LLC (SHINE)); at this time, the NRC
currently assesses only 10 CFR part 170 service fees to prospective
applicants for preapplication activities, construction permit holders
(i.e., SHINE and Northwest Medical Isotopes, LLC (NWMI)) and applicants
for operating licenses (i.e., SHINE) for commercial NPUFs. While the
NRC's fee regulations do not have a fee class for future non-reactor
NPUF licensees, the NRC historically has included budgeted resources
for NWMI and SHINE within the research and test reactor fee class. The
budgeted resources for NWMI and SHINE not recovered in 10 CFR part 170
service fees previously were included in fee-relief. These resources
for the development of a medical isotope production infrastructure are
now excluded from the fee-recovery requirement under NEIMA as a fee-
relief activity identified by the Commission.
In anticipation that the NRC could issue an operating license in
the future, the NRC is proposing to assess annual fees under Sec.
171.15(a) to non-reactor NPUFs when they have notified the NRC of the
successful completion of startup testing. As discussed previously, the
NRC is also proposing to rename the ``research and test reactors'' fee
class the ``non-power production and utilization facility'' fee class
to account for new NPUF technologies not included in the research and
test reactors fee class. This rule uses the term ``non-power production
or utilization facility'' to have the same meaning as the definition
used in SECY-19-0062, ``Final Rule: Non-power Production or Utilization
Facility License Renewal'' (ADAMS Accession No. ML18031A000), dated
June 17, 2019.\4\ The definition would include production or
utilization facilities, licensed under Sec. 50.21(a), Sec. 50.21(c),
or Sec. 50.22, as applicable, that are not nuclear power reactors or
production facilities within the meaning of paragraphs (1) and (2) of
Sec. 50.2, which defines ``Production facility.'' This definition
includes currently operating and future research and test reactors and
proposed medical radioisotope facilities that would be licensed under
10 CFR part 50. As such, non-reactor NPUF licensees, such as SHINE,
would be included in the same annual fee class as currently operating
research and test reactors that pay 10 CFR part 171 annual fees. This
proposed approach is consistent with the current approach of combining
limited numbers of similar facilities into a single annual fee
category, where ``test reactors'' (of which only one is currently
operational) are assessed the same 10 CFR part 171 annual fees as
``research reactors.'' In addition, the NRC expects that NPUF
facilities will request that a single license under 10 CFR part 50
authorize the operation of multiple utilization and/or production
facilities. Based on the number of facilities authorized to operate
under a single license, the number of staff hours dedicated to
licensing and oversight activities for these facilities is not expected
to differ significantly compared to those for the current operating
fleet of NPUFs. Furthermore, stakeholders have previously supported
this approach regarding the assessment of 10 CFR part 171 annual fees
for future NPUFs. Therefore, a single annual fee would be appropriate
even where an NPUF licensee has multiple facilities operating under a
single 10 CFR part 50 license.
---------------------------------------------------------------------------
\4\ The NPUF final rule would also revise the definition of
research reactor in Sec. Sec. 170.3 and 171.5 to conform to other
definitions in 10 CFR chapter I. The NRC is not proposing to change
the definition of Research reactor in the specific exemption for
federally-owned and State-owned research reactors in Sec.
170.11(a)(9) or Sec. 171.11(b)(2). The current definition in Sec.
171.11(b)(2) is based on the language of OBRA-90. Further, a
substantively similar definition of research reactor was included in
the provisions of NEIMA that relate to the NRC's fee recovery
structure. Changing the definition of research reactor in Sec.
171.11(b)(2) would therefore be inconsistent with NEIMA.
---------------------------------------------------------------------------
SMR licenses can be issued under 10 CFR part 50 or 10 CFR part 52.
Currently, Sec. 171.15, requires the NRC to assess annual fees to a 10
CFR part 50 SMR licensee upon issuance of an operating license, or to a
10 CFR part 52 SMR COL holder after the Commission has made the finding
under Sec. 52.103(g) for all licenses held for an SMR site. The annual
fee would be determined using the cumulative licensed thermal power
rating of all SMR units and the bundled unit concept. For a given site,
the use of the bundled unit concept is
[[Page 10474]]
independent of the number of SMR plants, the number of SMR licenses
issued, and the sequencing of the SMR licenses that have been issued.
There are currently no operating SMRs; therefore, the NRC has not yet
assessed an annual fee for this type of licensee.
The NRC recognizes that, after the issuance of an operating license
under 10 CFR part 50 for NPUFs and SMRs, or a COL and Sec. 52.103(g)
finding under 10 CFR part 52 for SMRs, fuel or targets (or both) must
be loaded and startup testing (for NPUFs) and power ascension testing
(for SMRs) must be completed before the facility begins full licensed
operation. As discussed in the statement of considerations for the FY
2020 final fee rule, 10 CFR part 52 COLs for power reactors contain a
standard license condition that requires the submittal of written
notification to the NRC upon successful completion of power ascension
testing. Therefore, the NRC proposes to incorporate a similar license
condition into all future 10 CFR part 50 operating licenses for NPUFs
and SMRs, and 10 CFR part 52 COLs for SMRs to ensure that the licensee
will promptly notify the NRC of the successful completion of startup
testing or power ascension testing. The proposed annual fee assessment
for future NPUFs and SMR licenses under 10 CFR part 50, and SMRs under
10 CFR part 52, would begin on the date of the licensee's written
notification of the successful completion of startup testing or power
ascension testing.
Accordingly, the NRC proposes to amend Sec. 171.15(a) and Sec.
171.15(e) so that annual fees commence upon written notification to the
NRC of successful completion of startup testing and power ascension
testing, rather than upon issuance of the operating license for 10 CFR
part 50 NPUFs and SMRs, or issuance of the Sec. 52.103(g) finding for
10 CFR part 52 COL holders for SMRs, but upon written notification to
the NRC of successful completion of startup testing and/or power
ascension testing. The NRC finds this proposed change to 10 CFR part
171 to be reasonable, fair, and equitable, and to be supported by the
public comments the NRC received on PRM-171-1 and on the FY 2020
proposed rule. The NRC also proposes conforming changes to revise Sec.
170.3, ``Definitions,'' Sec. 171.3, ``Scope,'' Sec. 171.5,
``Definitions,'' and Sec. 171.17, ``Proration.''
FY 2021--Administrative Changes
The NRC proposes to make six administrative changes:
1. Change Small Entity Fees
As stated in SECY-08-0174, ``Fiscal Year 2009 Proposed Fee Rule and
Advance Rulemaking for Grid-Appropriate Reactor Fees,'' dated November
7, 2008 (ADAMS Accession No. ML083120518), the NRC determined that the
maximum small entity fee should be adjusted biennially using a fixed
percentage of 39 percent applied to the prior 2-year weighted average
of materials users' fees for all fee categories which have small entity
licensees. The 39 percent was based on the small entity annual fee for
2005, which was the first year the NRC was required to recover only 90
percent of its budget authority. This methodology remains in place;
however, the NRC does also consider whether or not implementing an
increase will have a disproportionate impact on the NRC's small
licensees when compared to other licensees. Therefore, the increase for
the upper and lower tier fees were capped at a 21 percent increase.
For the FY 2021 proposed fee rule, the NRC conducted a biennial
review of small entity fees to determine whether the NRC should change
those fees. The NRC used the fee methodology, developed in FY 2009,
which applies a fixed percentage of 39 percent to the prior 2-year
weighted average of materials users' fees, when performing its biennial
review. Based on this methodology and as a result of the FY 2021
biennial review, the NRC is now proposing to increase the upper tier
small entity fee from $4,500 to $4,900 and increase the lower tier fee
from $900 to $1,000.
This would constitute a 9 percent and 11 percent increase,
respectively. The NRC believes these fees are reasonable and provide
relief to small entities while at the same time recovering from those
licensees some of the NRC's costs for activities that benefit them.
2. Amend Sec. 170.1, ``Purpose,'' To Change the Reference to the
Independent Offices Appropriation Act, 1952
The NRC proposes to amend Sec. 170.1 to replace the ``of'' after
Independent Offices Appropriation Act with a comma to make the
reference to the legislation consistent with references in other NRC
contexts.
3. Amend Sec. 170.3, ``Definitions,'' To Eliminate Definitions for
``Balance of Plants,'' ``Nuclear Steam Supply System,'' and ``Reference
Systems Concept''
The NRC proposes to amend Sec. 170.3 to eliminate definitions for
``Balance of plants,'' ``Nuclear Steam Supply System,'' and ``Reference
systems concept.'' These definitions are no longer applicable in 10 CFR
part 170. These definitions were added in the FY 1977 final fee rule
(43 FR 7210; March 23, 1978) to resolve issues concerning assessing
fees for balance of plant reviews, related to a previous fee category
(category A.4.b in the table at Sec. 170.21 for standardized design-
reference systems concept), that was not subject to full cost recovery.
In the FY 1991 final fee rule, the NRC amended 10 CFR parts 52 and 170
to assess licensing fees for the review of standardized reactor
designs, which would be subject to full cost recovery (56 FR 31472;
July 10, 1991). This proposed amendment to eliminate these definitions
will not impact the NRC's assessment of 10 CFR part 170 fees for
service.
4. Remove Footnote 6 to the Table in Sec. 170.21, and Footnote 12 to
the Table in Sec. 170.31
The NRC proposes to remove footnote 6 to the table in Sec. 170.21
and footnote 12 to the table in Sec. 170.31 because (1) Congress has
not enacted legislation that would exclude import and export activities
from the fee-recoverable budget in FY 2021; and (2) in accordance with
NEIMA, for FY 2021, the NRC identified international activities as fee-
relief activities, but it did not include resources for import and
export licensing. The NRC is therefore proposing to charge fees for
import and export licensing actions.
5. Amend Sec. 171.5, ``Definitions,'' To Replace the Reference in
``Budget Authority''
The NRC proposes to amend the definition of ``budget authority'' to
replace the reference to Public Law 101-508 (i.e., OBRA-90) with a
reference to Public Law 115-439 (i.e., NEIMA). Effective October 1,
2020, NEIMA repealed Section 6101 of OBRA-90 and put in place a revised
fee recovery framework, requiring the NRC to recover, to the maximum
extent practicable, approximately 100 percent of its annual budget,
less the budget authority for excluded activities.
6. Amend Sec. 171.11(c), ``Exemptions''
The NRC proposes to revise Sec. 171.11(c) to change the ``or'' in
the section to ``and.'' This proposed change would accurately reflect
that even when an exemption is ``in the public interest,'' the NRC
cannot grant the exemption unless it is ``authorized by law.'' This
proposed change would also harmonize Sec. 171.11(c) with Sec.
170.11(b), which uses
[[Page 10475]]
``and.'' This proposed change would not alter the NRC's fee exemption
policy.
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 the staff to accelerate its
process improvements for setting fees, including the transition to an
eBilling system. In addition, the Commission 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.'' The NRC has completed 39 of the 40 fees transformation
activities, including the full implementation of an electronic billing
system.
In October 2019, the agency released its eBilling system. This
public facing, web-based application provides licensees with immediate
delivery of NRC invoices, customizable email notifications, capability
to view and analyze invoice details, and access to the U.S. Department
of the Treasury systems to pay invoices. The eBilling application
provides licensees greater transparency and has increased applicant and
licensee confidence in the assessed fees and charges. Since the NRC
released the eBilling application, 341 licensees have been enrolled and
764 dockets are now available in the application.
The one fees transformation activity yet be to completed is the
rulemaking to update the NRC's small business size standards in Sec.
2.810, ``NRC size standards.'' In FY 2020, the NRC conducted a survey
of materials licensees to collect relevant data to help determine the
need for changes to the NRC's small business size standards in Sec.
2.810. In addition, the NRC considered changes in the small business
size standards published by the Small Business Administration. On
December 7, 2020, the staff submitted SECY-20-0111, ``Rulemaking Plan
to Amend the Receipts-Based NRC Size Standards,'' to the Commission
(ADAMS Accession No. ML20268B327) with the staff's recommendations for
amending the NRC's receipts-based size standards. The NRC will continue
to include updates on this rulemaking activity within the FY 2021 and
FY 2022 fee rules to ensure that affected licensees are adequately
informed. The public can track all NRC rulemaking activities, including
the rulemaking on the NRC's size standards, on the NRC's Rulemaking
Tracking and Reporting system at https://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/active/RuleIndex.html, or by Docket ID
NRC-2014-0264 at http://www.regulations.gov.
For more information, see the fees transformation accomplishments
schedule, located on the NRC's license fees web page at: https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformation-accomplishments.html.
IV. Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),\5\ the NRC has prepared a regulatory flexibility analysis
related to this proposed rule. The regulatory flexibility analysis is
available as indicated in Section XIII Availability of Documents, of
this document.
---------------------------------------------------------------------------
\5\ 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).
---------------------------------------------------------------------------
V. Regulatory Analysis
Under NEIMA, the NRC is required to recover, to the maximum extent
practicable, approximately 100 percent of its annual budget for FY 2021
less the budget authority for excluded activities. 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 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.
VI. Backfitting and Issue Finality
The NRC has determined that the backfit rule, Sec. 50.109, does
not apply to this proposed rule and that a backfit analysis is not
required because these amendments do not require the modification of,
or addition to, (1) systems, structures, components, or the design of a
facility; (2) the design approval or manufacturing license for a
facility; or (3) the procedures or organization required to design,
construct, or operate a facility.
VII. 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 wrote 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 clarity and effectiveness of the language used
in this proposed rule.
VIII. National Environmental Policy Act
The NRC has determined that this proposed rule is the type of
action described in 10 CFR 51.22(c)(1). Therefore, neither an
environmental impact statement nor environmental assessment has been
prepared for this proposed rule.
IX. 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 Act. In
accordance with 5 CFR 1320.4(a)(2), NRC Forms 527 and 529 are also not
subject to the requirements of the Paperwork Reduction Act.
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.
X. 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, to the maximum
extent practicable, approximately 100 percent of its annual budget for
FY 2021 less the budget authority for excluded activities, as required
by NEIMA. This action does not constitute the establishment of a
standard that contains generally applicable requirements.
XI. 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.
[[Page 10476]]
604 to prepare a regulatory flexibility analysis. The NRC, in
compliance with the law, prepared the ``Small Entity Compliance Guide''
for the FY 2021 proposed fee rule. The compliance guide was developed
when the NRC completed the small entity biennial review for FY 2021.
This compliance guide is available as indicated in Section XII,
Availability of Documents, of this document.
XII. Public Meeting
The NRC will conduct a public meeting to describe the FY 2021
proposed rule and answer questions from the public on the 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 10 calendar
days of the meeting. Stakeholders should monitor the NRC's public
meeting website for information about the public meeting at: http://www.nrc.gov/public-involve/public-meetings/index.cfm.
XIII. 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 36, ``Congressional ML20024D764.
Budget Justification: Fiscal Year
2021'' (February 2020).
Process map, ``NRC Form 527, Request ML20104C055.
for Information Related to Fees-for-
Service''.
Process map, ``NRC Form 529, Processing ML20311A159.
Dispute of Fees-For-Service Charges''.
NRC Form 529, ``Dispute of Fees-For- ML20339A673.
Service Charges in Accordance with
Title 10 of the Code of Federal
Regulations (10 CFR) Processing
Dispute of Fees-For-Service Charges
Sec. 170.51''.
FY 2021 Proposed Rule Work Papers...... ML20346A173.
FY 2021 Proposed Fee Rule.............. ML20317A090.
FY 2021 Regulatory Flexibility Analysis ML20321A229.
FY 2021 U.S. Nuclear Regulatory ML20318A107.
Commission Small Entity Compliance
Guide.
SECY-19-0062, ``Final Rule: Non-Power ML18031A000.
Production or Utilization Facility
License Renewal,'' dated June 17, 2019.
SECY-20-0111, ``Rulemaking Plan to ML20268B327.
Amend the Receipts-Based NRC Size
Standards,'' dated December 7, 2020.
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.
------------------------------------------------------------------------
List of Subjects
10 CFR Part 15
Administrative practice and procedure, Claims, Debt collection.
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 15, 170, and 171:
PART 15--DEBT COLLECTION PROCEDURES
0
1. The authority citation for part 15 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 161, 186 (42 U.S.C.
2201, 2236); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C.
5841); 5 U.S.C. 5514; 26 U.S.C. 6402; 31 U.S.C. 3701, 3713, 3716,
3719, 3720A; 42 U.S.C. 664; 44 U.S.C. 3504 note; 31 CFR parts 900
through 904; 31 CFR part 285; E.O. 12146, 44 FR 42657, 3 CFR, 1979
Comp., p. 409; E.O. 12988, 61 FR 4729, 3 CFR, 1996 Comp., p. 157.
0
2. Revise Sec. 15.31 to read as follows:
Sec. 15.31 Disputed debts.
(a) Submitting a dispute of debt. For any type of charges assessed
by the NRC, a debtor may submit a dispute of debt within 45 days from
the date of the initial demand letter. The debtor shall explain why the
debt is incorrect in fact or in law and may support the explanation by
affidavit, cancelled checks, or other relevant evidence. The dispute
must be submitted to the Office of the Chief Financial Officer via the
eBilling system, by email to [email protected], or
by mail to the Office of the Chief Financial Officer at: U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attn: Chief Financial
Officer. For debt disputes related to charges for 10 CFR part 170 fees,
the debtor must complete and submit an NRC Form 529 with the required
information.
(b) Notification of receipt. Following receipt of the dispute, the
NRC will acknowledge receipt to the contact person identified by the
debtor.
[[Page 10477]]
(c) Dispute review. The NRC will consider the facts involved in the
dispute and, if it considers it necessary, arrange for a conference
during which the debtor may present evidence and any arguments in
support of the debtor's position. If the debtor's dispute potentially
raises an error, the NRC may extend the interest waiver period as
described in Sec. 15.37(j) pending a final determination of the
existence or amount of the debt.
(d) Dispute resolution. If the NRC finds that the dispute has not
identified an error, the NRC will notify the dispute contact. If the
NRC finds that the dispute has identified an error, the NRC will:
(1) Notify the dispute contact;
(2) Make corrections to the charges or information on the demand
letter; and
(3) Issue a revised demand letter.
0
3. In Sec. 15.37, revise paragraph (j) to read as follows:
Sec. 15.37 Interest, penalties, and administrative costs.
* * * * *
(j) The NRC may waive interest during the period a debt disputed
under
Sec. 15.31 is under consideration by the NRC. However, this
additional waiver is not automatic and must be requested before the
expiration of the initial 30-day waiver period. The NRC may grant the
additional waiver only when it finds the debtor's dispute potentially
raises an error.
* * * * *
0
4. In Sec. 15.53, revise paragraphs (c) and (e) to read as follows:
Sec. 15.53 Reasons for suspending collection action.
* * * * *
(c) The debtor has requested a review of the debt or has disputed
the debt.
* * * * *
(e)(1) The NRC shall suspend collection activity during the time
required for consideration of the debtor's request for review or
dispute of the debt, if the statute under which the request is sought
prohibits the NRC from collecting the debt during that time.
(2) If the statute under which the request is sought does not
prohibit collection activity pending consideration of the request, the
NRC may use discretion, on a case-by-case basis, to suspend collection.
Further, the NRC ordinarily should suspend collection action upon a
request for review or dispute of the debt, if the NRC is prohibited by
statute or regulation from issuing a refund of amounts collected prior
to NRC consideration of the debtor's request. However, the NRC should
not suspend collection when the NRC determines that the request for
review or dispute of the debt is frivolous or was made primarily to
delay collection.
* * * * *
PART 170--FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT
LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT
OF 1954, AS AMENDED
0
5. The authority citation for part 170 is revised 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. 2215; 31 U.S.C. 901, 902, 9701; 44
U.S.C. 3504 note.
0
6. Revise Sec. 170.1 to read as follows:
Sec. 170.1 Purpose.
The regulations in this part set out fees charged for licensing
services, inspection services, and special projects rendered by the
Nuclear Regulatory Commission as authorized under title V of the
Independent Offices Appropriation Act, 1952 (31 U.S.C. 9701(a)).
0
7. In Sec. 170.3:
0
a. Remove the defition of ``Balance of plants'';
0
b. Add a definition for ``Non-power production or utilization
facility'' in alphabetical order; and
0
c. Remove the definitions of ``Nuclear Steam Supply System'' and
``Reference systems concept''.
The addition reads as follows:
Sec. 170.3 Definitions.
* * * * *
Non-power production or utilization facility means a production or
utilization facilities licensed under 10 CFR 50.21(a) or (c), or 10 CFR
50.22, as applicable, that is not a nuclear power reactor or production
facility as defined under paragraphs (1) and (2) of the definition of
``production facility'' in 10 CFR 50.2.
* * * * *
Sec. 170.20 [Amended]
0
8. In Sec. 170.20, remove the dollar amount ``$279'' and add in its
place the dollar amount ``$288''.
0
9. In Sec. 170.21, in the table, revise the table heading and the
entry for ``K. Import and export licenses'' and remove footnote 6.
The revision reads 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.
* * * * *
Table 1 to Sec. 170.21--Schedule of Facility Fees
[See footnotes at end of table]
------------------------------------------------------------------------
Facility categories and type of fees Fees 1 2
------------------------------------------------------------------------
* * * * * * *
K. Import and export licenses:
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 $20,200
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 4,300
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 14,400
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 4,900
license exemption request..................
[[Page 10478]]
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.................. 4,300
------------------------------------------------------------------------
\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\ Inspections covered by this schedule are both routine and non-
routine safety and safeguards inspections performed by NRC for the
purpose of review or follow-up of a licensed program. Inspections are
performed through the full term of the license to ensure that the
authorized activities are being conducted in accordance with the
Atomic Energy Act of 1954, as amended, other legislation, Commission
regulations or orders, and the terms and conditions of the license.
Non-routine inspections that result from third-party allegations will
not be subject to fees.
\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.
\5\ Full cost fees will be assessed once NRC work on a Touhy request
exceeds 50 hours, in accordance with Sec. 170.12(d).
0
10. 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].
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, $2,700.
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].
[[Page 10479]]
(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]. $1,300.
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]. $6,200.
D. Licenses to distribute source material
to persons generally licensed under part
40 of this chapter.
Application [Program Code(s): 11230, $2,900.
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, $13,500.
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): $17,900.
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): $22,400.
04011, 04013, 04015].
B. Other licenses for possession and use
of byproduct material issued under part
30 of this chapter for processing or
manufacturing of items containing
byproduct material for commercial
distribution. Number of locations of
use: 1-5.
Application [Program Code(s): 03214, $3,700.
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): $5,000.
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): $6,200.
04111, 04113, 04115, 04117].
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, $5,400.
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): $7,200.
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): $8,900.
04211, 04213, 04215].
D. [Reserved] N/A.
E. Licenses for possession and use of
byproduct material in sealed sources for
irradiation of materials in which the
source is not removed from its shield
(self-shielded units).
Application [Program Code(s): 03510, $3,300.
03520].
F. Licenses for possession and use of
less than or equal to 10,000 curies of
byproduct material in sealed sources for
irradiation of materials in which the
source is exposed for irradiation
purposes. This category also includes
underwater irradiators for irradiation
of materials where the source is not
exposed for irradiation purposes.
Application [Program Code(s): 03511]. $6,700.
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]. $64,300.
[[Page 10480]]
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, $6,900.
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, $15,300.
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, $2,100.
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, $1,200.
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, $5,700.
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): $7,500.
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): $9,400.
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]. $8,600.
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): $9,200.
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, $9,200.
03320].
(1). Licenses for possession and use
of byproduct material issued under
part 34 of this chapter for
industrial radiography operations.
Number of locations of use: 6-20.
Application [Program Code(s): $12,200.
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): $15,300.
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, $6,600.
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): $8,800.
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): $10,900.
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......................... $800.
R. Possession of items or products
containing radium-226 identified in 10
CFR 31.12 which exceed the number of
items or limits specified in that
section.\5\
1. Possession of quantities exceeding
the number of items or limits in 10
CFR 31.12(a)(4) or (5) but less than
or equal to 10 times the number of
items or limits specified.
Application [Program Code(s): $2,600.
02700].
2. Possession of quantities exceeding
10 times the number of items or
limits specified in 10 CFR
31.12(a)(4) or (5).
Application [Program Code(s): $2,600.
02710].
S. Licenses for production of accelerator-
produced radionuclides.
Application [Program Code(s): 03210]. $14,700.
[[Page 10481]]
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]. $7,200.
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]. $5,200.
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, $4,800.
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]. $22,900.
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, $11,500.
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): $15,300.
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): $19,100.
04511, 04513].
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]. $9,000.
(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): $11,900.
04710].
(2). Licenses of broad scope issued
to medical institutions or two or
more physicians under parts 30, 33,
35, 40, and 70 of this chapter
authorizing research and
development, including human use of
byproduct material, except licenses
for byproduct material, source
material, or special nuclear
material in sealed sources contained
in teletherapy devices. This
category also includes the
possession and use of source
material for shielding when
authorized on the same license.
Number of locations of use: More
than 20.
Application [Program Code(s): $14,900.
04711].
C. Other licenses issued under parts 30,
35, 40, and 70 of this chapter for human
use of byproduct material, source
material, and/or special nuclear
material, except licenses for byproduct
material, source material, or special
nuclear material in sealed sources
contained in teletherapy devices.\10\
Number of locations of use: 1-5.
Application [Program Code(s): 02120, $10,900.
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): $9,000.
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): $11,300.
04811, 04813, 04815, 04817,
04819, 04821, 04823, 04825,
04827, 04829].
8. Civil defense: \11\
[[Page 10482]]
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............. $17,900.
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............. $9,300.
C. Safety evaluation of sealed sources
containing byproduct material, source
material, or special nuclear material,
except reactor fuel, for commercial
distribution.
Application--each source............. $5,500.
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...................... $4,300.
Inspections...................... Full Cost.
2. Users.
Application...................... $4,300.
Inspections...................... Full Cost.
C. Evaluation of security plans, route Full Cost.
approvals, route surveys, and
transportation security devices
(including immobilization devices)
11. Review of standardized spent fuel Full Cost.
facilities.
12. Special projects:
Including approvals, pre-application/
licensing activities, and inspections.
Application [Program Code: 25110].... Full Cost.
13. A. Spent fuel storage cask Certificate of Full Cost.
Compliance.
B. Inspections related to storage of Full Cost.
spent fuel under Sec. 72.210 of this
chapter.
14. Decommissioning/Reclamation: \11\
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, 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:
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 $20,200.
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 $4,300.
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 $14,400.
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 $4,900.
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.................. $4,900.
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:
[[Page 10483]]
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 $17,300.
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 $8,600.
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 $4,900.
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 $1,400.
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 $17,300.
amendment; or license exemption
request.
K. Applications for export of appendix P
Category 2 materials requiring Executive
Branch review.
Application--new license, or $8,600.
amendment; or license exemption
request.
L. Application for the export of Category
2 materials.
Application--new license, or $2,900.
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...................... $1,400.
16. Reciprocity:
Agreement State licensees who conduct
activities under the reciprocity
provisions of 10 CFR 150.20.
Application.......................... $2,700.
17. Master materials licenses of broad scope
issued to Government agencies.
Application [Program Code(s): 03614]..... Full Cost.
18. Department of Energy.
A. Certificates of Compliance. Evaluation Full Cost.
of casks, packages, and shipping
containers (including spent fuel, high-
level waste, and other casks, and
plutonium air packages)
B. Uranium Mill Tailings Radiation Full Cost.
Control Act (UMTRCA) activities.
------------------------------------------------------------------------
\1\ Types of fees--Separate charges, as shown in the schedule, will be
assessed for pre-application consultations and reviews; applications
for new licenses, approvals, or license terminations; possession-only
licenses; issuances of new licenses and approvals; certain amendments
and renewals to existing licenses and approvals; safety evaluations of
sealed sources and devices; generally licensed device registrations;
and certain inspections. The following guidelines apply to these
charges:
(a) Application and registration fees. Applications for new materials
licenses and export and import licenses; applications to reinstate
expired, terminated, or inactive licenses, except those subject to
fees assessed at full costs; applications filed by Agreement State
licensees to register under the general license provisions of 10 CFR
150.20; and applications for amendments to materials licenses that
would place the license in a higher fee category or add a new fee
category must be accompanied by the prescribed application fee for
each category.
(1) Applications for licenses covering more than one fee category of
special nuclear material or source material must be accompanied by the
prescribed application fee for the highest fee category.
(2) Applications for new licenses that cover both byproduct material and
special nuclear material in sealed sources for use in gauging devices
will pay the appropriate application fee for fee category 1.C. only.
(b) Licensing fees. Fees for reviews of applications for new licenses,
renewals, and amendments to existing licenses, pre-application
consultations and other documents submitted to the NRC for review, and
project manager time for fee categories subject to full cost fees are
due upon notification by the Commission in accordance with Sec.
170.12(b).
(c) Amendment fees. Applications for amendments to export and import
licenses must be accompanied by the prescribed amendment fee for each
license affected. An application for an amendment to an export or
import license or approval classified in more than one fee category
must be accompanied by the prescribed amendment fee for the category
affected by the amendment, unless the amendment is applicable to two
or more fee categories, in which case the amendment fee for the
highest fee category would apply.
(d) Inspection fees. Inspections resulting from investigations conducted
by the Office of Investigations and nonroutine inspections that result
from third-party allegations are not subject to fees. Inspection fees
are due upon notification by the Commission in accordance with Sec.
170.12(c).
(e) Generally licensed device registrations under 10 CFR 31.5.
Submittals of registration information must be accompanied by the
prescribed fee.
\2\ Fees will 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.)
[[Page 10484]]
\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.
0
11. Revise Sec. 170.51 to read as follows:
Sec. 170.51 Right to dispute assessed fees.
All debtors' disputes of fees assessed must be submitted in
accordance with 10 CFR 15.31, ``Disputed Debts.''
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
12. The authority citation for part 171 is revised 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. 2215; 44 U.S.C. 3504
note.
0
13. 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 non-power production or utilization facility
issued under part 50 of this chapter that has provided notification to
the NRC that the licensee has successfully completed startup testing,
and to any person holding an operating license for a power reactor or
small modular 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
14. In Sec. 171.5, revise the definition of ``Budget authority'' and
add a definition for ``Non-power production or utilization facility''
in alphabetical order to read as follows:
Sec. 171.5 Definitions.
* * * * *
Budget authority means the authority, in the form of
appropriations, provided by law and becoming available during the year,
to enter into obligations that will result in immediate or future
outlays involving Federal Government funds. The appropriation is an
authorization by an Act of Congress that permits the NRC to incur
obligations and to make payments out of the Treasury for specified
purposes. Fees assessed pursuant to Public Law 115-439 are based on NRC
budget authority.
* * * * *
Non-power production or utilization facility means a production or
utilization facility licensed under 10 CFR 50.21(a) or (c), or 10 CFR
50.22, as applicable, that is not a nuclear power reactor or production
facility as defined under paragraphs (1) and (2) of the definition of
``production facility'' in 10 CFR 50.2.
* * * * *
0
15. In Sec. 171.11, revise paragraph (c) to read as follows:
Sec. 171.11 Exemptions.
* * * * *
(c) The Commission may, upon application by an interested person or
on its own initiative, grant an exemption from the requirements of this
part that it determines is authorized by law and otherwise in the
public interest.
* * * * *
0
16. In Sec. 171.15:
0
a. Revise the section heading;
0
b. Revise paragraphs (a), (b)(1), (b)(2) introductory text, (c)(1), and
(c)(2) introductory text;
0
c. Remove paragraph (d);
0
d. Redesignate paragraphs (e) and (f) as paragraphs (d) and (e); and
0
e. Revise newly designated paragraphs (d) and (e).
The revisisons read as follows:
Sec. 171.15 Annual fees: Non-power production or utilization
licenses, reactor licenses, and independent spent fuel storage
licenses.
(a) Each person holding an operating license for one or more non-
power production or utilization facilities under 10 CFR part 50 that
has provided notification to the NRC of the successful completion of
startup testing; 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 of the successful
completion of 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 2021 annual fee for each operating power reactor that
must be collected by September 30, 2021, is $4,804,000.
(2) The FY 2021 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. 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 2021 base annual fee for
operating power reactors are as follows:
* * * * *
(c)(1) The FY 2021 annual fee for each power reactor holding a 10
CFR part 50
[[Page 10485]]
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 $246,000.
(2) The FY 2021 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). The activities comprising the FY 2021 spent fuel storage/
reactor decommissioning rebaselined annual fee are:
* * * * *
(d)(1) Each person holding an operating license for an SMR issued
under 10 CFR part 50 or a combined license issued under 10 CFR part 52
that has provided notification to the NRC of the successful completion
startup testing, shall pay the annual fee for all licenses held for an
SMR site. The annual fee will be determined using the cumulative
licensed thermal power rating of all SMR units and the bundled unit
concept, during the fiscal year in which the fee is due. For a given
site, the use of the bundled unit concept is independent of the number
of SMR plants, the number of SMR licenses issued, or the sequencing of
the SMR licenses that have been issued.
(2) The annual fees for a small modular reactor(s) located on a
single site to be collected by September 30 of each year, are as
follows:
Table 1 to Paragraph (d)(2)
----------------------------------------------------------------------------------------------------------------
Bundled unit thermal power rating Minimum fee Variable fee Maximum fee
----------------------------------------------------------------------------------------------------------------
First Bundled Unit:
0 MWt <=250 MWt............................................. TBD N/A N/A
>250 MWt <=2,000 MWt........................................ TBD TBD N/A
>2,000 MWt <=4,500 MWt...................................... N/A N/A TBD
Additional Bundled Units:
0 MWt <=2,000 MWt........................................... N/A TBD N/A
>2,000 MWt <=4,500 MWt...................................... N/A N/A TBD
----------------------------------------------------------------------------------------------------------------
(3) The annual fee for an SMR collected under this paragraph (d) is
in lieu of any fee otherwise required under paragraph (b) of this
section. The annual fee under this paragraph (d) covers the same
activities listed for power reactor base annual fee and spent fuel
storage/reactor decommissioning reactor fee.
(e) The FY 2021 annual fee for licensees authorized to operate one
or more non-power production or utilization facilities under a single
10 CFR part 50 license, unless the reactor is exempted from fees under
Sec. 171.11(b), is $78,700.
0
17. In Sec. 171.16, revise paragraphs (c) and (d) and remove paragraph
(e).
The revisions 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 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.............................. $4,900
Less than $485,000.................................. 1,000
Small Not-For-Profit Organizations (Annual Gross
Receipts):
$485,000 to $7 million.............................. 4,900
Less than $485,000.................................. 1,000
Manufacturing Entities that Have An Average of 500
Employees or Fewer:
35 to 500 employees............................. 4,900
Fewer than 35 employees............................. 1,000
Small Governmental Jurisdictions (Including publicly
supported educational institutions) (Population):
20,000 to 49,999.................................... 4,900
Fewer than 20,000................................... 1,000
Educational Institutions that are not State or Publicly
Supported, and have 500 Employees or Fewer:
35 to 500 employees................................. 4,900
Fewer than 35 employees............................. 1,000
------------------------------------------------------------------------
(d) The FY 2021 annual fees for materials licensees and holders of
certificates, registrations, or approvals subject to fees under this
section are shown table 2 to paragraph (d):
[[Page 10486]]
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 $4,835,000
Enriched Uranium) \15\ [Program Code(s):
21213].....................................
(b) Low Enriched Uranium in Dispersible Form 1,639,000
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\ [Program Code(s): 21205].....
(c) Others, including hot cell facility \15\ N/A
[Program Code(s): 21130, 21133]............
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 2,400
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, 5,700
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 2,107,000
uranium enrichment facility \15\ [Program Code(s):
21200].............................................
F. Licenses for possession and use of special 4,300
nuclear materials greater than critical mass, as
defined in Sec. 70.4 of this chapter, for
development and testing of commercial products, and
other non-fuel cycle activities.\4\ [Program Code:
22155].............................................
2. Source material:
A. (1) Licenses for possession and use of source 486,000
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 N/A
facilities.\15\ [Program Code(s): 11100]...
(b) Basic In Situ Recovery facilities.\15\ 45,900
[Program Code(s): 11500]...................
(c) Expanded In Situ Recovery N/A
facilities.\15\ [Program Code(s): 11510]...
(d) In Situ Recovery Resin facilities.\15\ \5\ N/A
[Program Code(s): 11550]...................
(e) Resin Toll Milling facilities.\15\ \5\ N/A
[Program Code(s): 11555]...................
(f) Other facilities.\6\ [Program Code(s): \5\ N/A
11700].....................................
(3) Licenses that authorize the receipt of \5\ N/A
byproduct material, as defined in Section
11e.(2) of the Atomic Energy Act, from other
persons for possession and disposal, except
those licenses subject to the fees in Category
2.A.(2) or Category 2.A.(4).\15\ [Program
Code(s): 11600, 12000].........................
(4) Licenses that authorize the receipt of N/A
byproduct material, as defined in Section
11e.(2) of the Atomic Energy Act, from other
persons for possession and disposal incidental
to the disposal of the uranium waste tailings
generated by the licensee's milling operations,
except those licenses subject to the fees in
Category 2.A.(2).\15\ [Program Code(s): 12010].
B. Licenses which authorize the possession, use, and/ 2,700
or installation of source material for shielding.16
17 Application [Program Code(s): 11210]............
C. Licenses to distribute items containing source 8,900
material to persons exempt from the licensing
requirements of part 40 of this chapter. [Program
Code: 11240].......................................
D. Licenses to distribute source material to persons 5,100
generally licensed under part 40 of this chapter.
[Program Code(s): 11230 and 11231].................
E. Licenses for possession and use of source 6,300
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 8,500
Code(s): 11200, 11220, 11221, 11300, 11800, 11810,
11820].............................................
3. Byproduct material:
A. Licenses of broad scope for possession and use of 27,200
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 36,200
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 45,200
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 9,500
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 12,700
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: 6-20. [Program Code(s): 04110, 04112,
04114, 04116]..................................
[[Page 10487]]
(2). Other licenses for possession and use of 15,700
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 9,000
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 11,900
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 and/or 16,100
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 9,900
material in sealed sources for irradiation of
materials in which the source is not removed from
its shield (self-shielded units) [Program Code(s):
03510, 03520]......................................
F. Licenses for possession and use of less than or 8,800
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 71,500
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 8,600
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 17,200
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 3,500
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 2,600
this chapter to distribute items containing
byproduct material or quantities of byproduct
material that do not require sealed source and/or
device review to persons generally licensed under
part 31 of this chapter, except specific licenses
authorizing redistribution of items that have been
authorized for distribution to persons generally
licensed under part 31 of this chapter [Program
Code(s): 03242, 03244].............................
L. Licenses of broad scope for possession and use of 12,500
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 16,500
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 20,500
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 13,300
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 15,100
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 29,000
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 38,500
byproduct material issued under part 34 of this
chapter for industrial radiography operations.
This category also includes the possession and
use of source material for shielding authorized
under part 40 of this chapter when authorized
on the same license. Number of locations of
use: 6-20. [Program Code(s): 04310, 04312].....
[[Page 10488]]
(2). Licenses for possession and use of 48,300
byproduct material issued under part 34 of this
chapter for industrial radiography operations.
This category also includes the possession and
use of source material for shielding authorized
under part 40 of this chapter when authorized
on the same license. Number of locations of
use: More than 20. [Program Code(s): 04311,
04313].........................................
P. All other specific byproduct material licenses, 9,800
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 16,200
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 6,000
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 6,400
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 23,700
radionuclides [Program Code(s): 03210].............
4. Waste disposal and processing:
A. Licenses specifically authorizing the receipt of 22,400
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 15,700
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 8,700
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 12,400
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 27,900
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 27,000
this chapter for human use of byproduct material,
source material, or special nuclear material in
sealed sources contained in gamma stereotactic
radiosurgery units, teletherapy devices, or similar
beam therapy devices. This category also includes
the possession and use of source material for
shielding when authorized on the same license.\9\
Number of locations of use: 1-5. [Program Code(s):
02300, 02310]......................................
(1). Licenses issued under parts 30, 35, 40, and 35,900
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 44,900
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 36,800
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 49,000
institutions or two or more physicians under
parts 30, 33, 35, 40, and 70 of this chapter
authorizing research and development, including
human use of byproduct material, except
licenses for byproduct material, source
material, or special nuclear material in sealed
sources contained in teletherapy devices. This
category also includes the possession and use
of source material for shielding when
authorized on the same license.\9\ Number of
locations of use: 6-20. [Program Code(s):
04710].........................................
[[Page 10489]]
(2). Licenses of broad scope issued to medical 61,200
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 16,700
70 of this chapter for human use of byproduct
material, source material, and/or special nuclear
material, except licenses for byproduct material,
source material, or special nuclear material in
sealed sources contained in teletherapy devices.
This category also includes the possession and use
of source material for shielding when authorized on
the same license.9 19 Number of locations of use: 1-
5. [Program Code(s): 02120, 02121, 02200, 02201,
02210, 02220, 02230, 02231, 02240, 22160]..........
(1). Other licenses issued under parts 30, 35, 16,800
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, 20,800
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 6,000
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 17,800
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 9,200
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 5,500
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 1,100
sealed sources containing byproduct material,
source material, or special nuclear material,
manufactured in accordance with the unique
specifications of, and for use by, a single
applicant, except reactor fuel.....................
10. Transportation of radioactive material:
A. Certificates of Compliance or other package
approvals issued for design of casks, packages, and
shipping containers.
1. Spent Fuel, High-Level Waste, and plutonium \6\ N/A
air packages...................................
2. Other Casks.................................. \6\ N/A
B. Quality assurance program approvals issued under
part 71 of this chapter.
1. Users and Fabricators........................ \6\ N/A
2. Users........................................ \6\ N/A
C. Evaluation of security plans, route approvals, \6\ N/A
route surveys, and transportation security devices
(including immobilization devices).................
11. Standardized spent fuel facilities.................. \6\ N/A
12. Special Projects [Program Code(s): 25110]........... \6\ N/A
13. A. Spent fuel storage cask Certificate of Compliance \6\ N/A
B. General licenses for storage of spent fuel under \12\ N/A
10 CFR 72.210......................................
14. Decommissioning/Reclamation:
A. Byproduct, source, or special nuclear material 7 20 N/A
licenses and other approvals authorizing
decommissioning, decontamination, reclamation, or
site restoration activities under parts 30, 40, 70,
72, and 76 of this chapter, including master
materials licenses (MMLs). The transition to this
fee category occurs when a licensee has permanently
ceased principal activities. [Program Code(s):
03900, 11900, 21135, 21215, 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 337,000
Government agencies.\15\ [Program Code(s): 03614]......
18. Department of Energy:
A. Certificates of Compliance....................... \10\ 996,000
B. Uranium Mill Tailings Radiation Control Act 81,000
(UMTRCA) activities [Program Code(s): 03237, 03238]
------------------------------------------------------------------------
\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.
[[Page 10490]]
\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.
0
18. In Sec. 171.17, revise paragraphs (a)(1) and (2) to read as
follows:
Sec. 171.17 Proration.
(a) * * *
(1) New licenses. (i) The annual fees for new licenses for power
reactors and small modular 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 production or
utilization facilities, 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 or the annual fee for small modular 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. The annual fee for
non-power production or utilization facilities will be prorated based
on the number of days remaining in the FY when the authorization to
operate the facility has been permanently removed from the license
during the FY.
* * * * *
0
19. Add Sec. 171.26 to read as follows:
Sec. 171.26 Right to dispute assessed fees.
All debtors' disputes of fees assessed must be submitted in
accordance with 10 CFR 15.31, ``Disputed Debts.''
Dated: February 12, 2021.
For the Nuclear Regulatory Commission.
Cherish K. Johnson,
Chief Financial Officer.
[FR Doc. 2021-03282 Filed 2-19-21; 8:45 am]
BILLING CODE 7590-01-P