[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Rules and Regulations]
[Pages 32146-32183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12546]
[[Page 32145]]
Vol. 86
Wednesday,
No. 114
June 16, 2021
Part II
Nuclear Regulatory Commission
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10 CFR Parts 15, 170, and 171
Revision of Fee Schedules; Fee Recovery for Fiscal Year 2021; Final
Rule
Federal Register / Vol. 86 , No. 114 / Wednesday, June 16, 2021 /
Rules and Regulations
[[Page 32146]]
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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: Final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending the
licensing, inspection, special project, and annual fees charged to its
applicants and licensees. These amendments are necessary to implement
the Nuclear Energy Innovation and Modernization Act (NEIMA), which,
beginning with 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 making improvements
associated with fee invoicing to implement provisions of NEIMA.
DATES: This final rule is effective on August 16, 2021.
ADDRESSES: 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. 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 final rule.
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, 301-415-4737, or
by email to [email protected]. The ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document. For the convenience of the
reader, the ADAMS accession numbers and instructions about obtaining
materials referenced in this document are provided in the
``Availability of Documents'' section of this document.
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. Background; Statutory Authority
II. Discussion
III. Public Comment Analysis
IV. Public Comments and NRC Responses
V. Regulatory Flexibility Certification
VI. Regulatory Analysis
VII. Backfitting and Issue Finality
VIII. Plain Writing
IX. National Environmental Policy Act
X. Paperwork Reduction Act Public Protection Notification
XI. Congressional Review Act
XII. Voluntary Consensus Standards
XIII. Availability of Guidance
XIV. Availability of Documents
I. Background; Statutory Authority
A. Statutory Authority
Revised Fee-Recovery Framework for FY 2021 and Subsequent Fiscal Years
The NRC is amending the licensing, inspection, special project, and
annual fees charged to its applicants and licensees. These amendments
are necessary to implement Public Law 115-439, NEIMA (42 U.S.C. 2215).
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 accuracy of
invoices 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 through fees 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. The 10 percent of
the remaining budget authority not recovered through fees was
historically referred to as fee-relief activities. In this final rule,
the NRC has established a revised fee-recovery framework, which
eliminates the 10 percent limit on fee-relief activities. Accordingly,
the NRC will 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 Sec.
171.16(c) of title 10 of the Code of Federal Regulations (10 CFR),
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
[[Page 32147]]
fees for NRC work that provides specific benefits to identifiable
recipients (such as licensing work, inspections, and special projects).
The NRC's regulations in 10 CFR part 170, ``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 total budget authority for the fiscal year
(less the budget authority for excluded activities), 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 II,
Discussion, ``FY 2021 Fee Collection--Revised Annual Fees,'' of this
final 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, the 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 the 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
(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 modifying the regulations
under 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 II,
Discussion, ``FY 2021--Policy Changes,'' of this final rule).
II. Discussion
FY 2021 Fee Collection--Overview
The NRC is issuing this FY 2021 final fee rule based on the
Consolidated Appropriations Act, 2021 (the enacted budget). The final
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 final rule.
[[Page 32148]]
Table I--Excluded Activities
[Dollars in millions]
------------------------------------------------------------------------
FY 2021 final
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........... 7.0
Fee exemption for nonprofit educational institutions 9.3
Costs not recovered from small entities under 10 CFR 7.8
171.16(c)..........................................
Regulatory support to Agreement States.............. 12.3
Generic decommissioning/reclamation activities (not 14.9
related to the operating power reactors and spent
fuel storage fee classes)..........................
Uranium recovery program and unregistered general 3.7
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 $708.0 million in fees in FY 2021.
Of this amount, the NRC estimates that $190.6 million will be recovered
through 10 CFR part 170 service fees and approximately $517.4 million
will be recovered through 10 CFR part 171 annual fees. Table II
summarizes the fee-recovery amounts for the FY 2021 final fee rule
using the enacted budget and takes 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. ML21119A024) 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 for the University Nuclear Leadership Program,
which replaced the Integrated University Program. 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.
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\1\ For each table, numbers may not add due to rounding.
Table II--Budget and Fee Recovery Amounts 1
[Dollars in millions]
------------------------------------------------------------------------
FY 2021 final
rule
------------------------------------------------------------------------
Total Budget Authority.................................. $844.4
Less Budget Authority for Excluded Activities:.......... -123.0
Balance............................................. 721.4
Fee Recovery Percent.................................... 100
Total Amount to be Recovered:........................... 721.4
Less Estimated Amount to be Recovered through 10 CFR -190.6
Part 170 Fees......................................
Estimated Amount to be Recovered through 10 CFR Part 530.8
171 Fees...........................................
10 CFR Part 171 Billing Adjustments:
Unpaid Current Year Invoices (estimated)............ 2.1
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 -12.8
Year Invoices (estimated)..........................
Adjusted Amount to be Recovered through 10 CFR Parts 170 708.0
and 171 Fees...........................................
Adjusted 10 CFR Part 171 Annual Fee Collections Required $517.4
------------------------------------------------------------------------
[[Page 32149]]
FY 2021 Fee Collection--Professional Hourly Rate
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] TR16JN21.000
For FY 2021, the NRC is increasing 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 professional hourly rate is inversely related to the mission-direct
FTE amount; therefore, as the number of mission-direct FTE decrease the
professional 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.
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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.
Table III--Professional Hourly Rate Calculation
[Dollars in millions, except as noted]
------------------------------------------------------------------------
FY 2020 final FY 2021 final
rule 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).................................
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
The NRC is amending 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.
[[Page 32150]]
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 flat 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 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 is assessing a generic low-level waste
(LLW) surcharge of $3.4 million. Disposal of LLW occurs at
commercially-operated LLW disposal facilities that are licensed by
either the NRC or an Agreement State. Four existing LLW disposal
facilities in the United States accept various types of LLW. All are
located in Agreement States and, therefore, are regulated by an
Agreement State, rather than the NRC. The NRC is allocating 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
allocation across the various fee classes.
Table IV--Allocation of LLW Surcharge FY 2021
[Dollars in millions]
------------------------------------------------------------------------
LLW Surcharge
Fee classes -------------------------------
Percent $
------------------------------------------------------------------------
Operating Power Reactors................ 87.5 $2.941
Spent Fuel Storage/Reactor 0.0 0.000
Decommissioning........................
Non-Power Production or Utilization 0.0 0.000
Facilities.............................
Fuel Facilities......................... 9.9 0.333
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 resources to various classes or subclasses
of licensees. It also includes updating the number of NRC licensees in
its fee calculation methodology.
The NRC is revising 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 final rule are
$190.6 million, which is a decrease of $29.6 million from the FY 2020
final rule (see the specific fee class sections for a discussion of
this decrease). The NRC, therefore, must recover $517.4 million through
annual fees from its licensees, which is an increase of $9.5 million
from the FY 2020 final rule.
Table V shows the rebaselined fees for FY 2021 for a sample of
licensee categories. The FY 2020 amounts are provided for comparison
purposes.
Table V--Rebaselined Annual Fees
[Actual dollars]
------------------------------------------------------------------------
FY 2020 final FY 2021 final
Class/category of licenses annual fee ($) annual fee ($)
------------------------------------------------------------------------
Operating Power Reactors................ $4,621,000 $4,749,000
+ Spent Fuel Storage/Reactor 188,000 237,000
Decommissioning........................
Total, Combined Fee................. 4,809,000 4,986,000
Spent Fuel Storage/Reactor 188,000 237,000
Decommissioning........................
Non-Power Production or Utilization 81,300 80,000
Facilities.............................
High Enriched Uranium Fuel Facility 5,067,000 4,643,000
(Category 1.A.(1)(a))..................
Low Enriched Uranium Fuel Facility 1,717,000 1,573,000
(Category 1.A.(1)(b))..................
[[Page 32151]]
Uranium Enrichment (Category 1.E)....... 2,208,000 2,023,000
UF6 Conversion and Deconversion Facility 510,000 467,000
(Category 2.A.(1)......................
Basic In Situ Recovery Facilities 49,200 47,200
(Category 2.A.(2)(b))..................
Typical Users:
Radiographers (Category 3O)......... 29,900 29,100
All Other Specific Byproduct 9,700 9,900
Material Licensees (Category 3P)...
Medical Other (Category 7C)......... 14,800 16,800
Device/Product Safety Evaluation-- 13,800 17,900
Broad (Category 9A)................
------------------------------------------------------------------------
The work papers that support this final rule show in detail how the
NRC allocates the budgeted resources for each class of licensees and
calculates the fees.
Paragraphs a. through h. of this section describe 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 final rule.
a. Operating Power Reactors
The NRC will collect $441.7 million in annual fees from the
operating power reactors fee class in FY 2021, as shown in Table VI.
The FY 2020 operating power reactors fees are shown for comparison
purposes.
Table VI--Annual Fee Summary Calculations for Operating Power Reactors
[Dollars in millions]
------------------------------------------------------------------------
Summary fee calculations FY 2020 final FY 2021 final
------------------------------------------------------------------------
Total budgeted resources................ $623.9 $611.8
Less estimated 10 CFR part 170 receipts. -186.7 -161.6
-------------------------------
Net 10 CFR part 171 resources....... 437.2 450.2
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 -9.1
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.. 439.0 441.7
Total operating reactors............ 95 93
Annual fee per reactor.................. $4.621 $4.749
------------------------------------------------------------------------
In comparison to FY 2020, the FY 2021 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 total number of operating power reactors due to the
closure of Duane Arnold and Indian Point Energy Center (Indian Point
Unit 3); and (3) the absence of the fee-relief credit that was provided
in FY 2020 as part of the fee-relief adjustment. The increase in the
annual fee for the operating power reactors fee class is partially
offset due to the following: (1) The decrease in budgeted resources;
(2) the 10 CFR part 171 billing adjustment that was included in the
operating power reactors fee class calculation due to the deferral of
annual fees and fees for services due to the coronavirus disease
(COVID-19) pandemic; and (3) the current year collection adjustment due
to the shutdown of Indian Point Unit 3. These components are discussed
in the following paragraphs.
The 10 CFR part 170 estimated billings declined primarily due to
the following: (1) The decrease due to the plant closures; (2) the
completion of construction activities at Vogtle Electric Generating
Plant, Unit 3 (Vogtle Unit 3); (3) the completion of the NuScale small
modular reactor (SMR) design certification review; and (4) the impact
of continued travel restrictions and limited on-site presence on
inspection activities due to the COVID-19 pandemic. 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 (COL) application for the Aurora micro reactor, which
was docketed in June 2020; and (2) rescheduled inspection activities
that were deferred due to the COVID-19 pandemic.
In addition, as a result of the revised fee-recovery framework
under NEIMA, the FY 2021 annual fee increased due to the absence of the
fee-relief credit that was provided in FY 2020 as part of the fee-
relief adjustment. 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 associated with changes in workload, including, but not limited
to, the following: (1) The completion of probabilistic risk assessment
reviews related to lessons learned from the
[[Page 32152]]
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 and
reduced demand for operator licensing and vendor inspection work
resulting from the completion of construction of Vogtle Unit 3; 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 $9,143,303 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 pandemic, 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 fee-recoverable budgeted resources 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 $4,749,000 per
reactor. Additionally, each licensed operating power reactor is
assessed the FY 2021 spent fuel storage/reactor decommissioning annual
fee of $237,000 (see Table VII and the discussion that follows). The
combined FY 2021 annual fee for each operating power reactor is
$4,986,000.
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 Congressional Budget Justification (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 (84 FR 22331; May 17, 2019). 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
between budget formulation and the development of the FY 2021 final
rule have changed, as shown in Table VI.
In FY 2016, the NRC amended its licensing, inspection, and annual
fee regulations to establish a variable annual fee structure for light-
water SMRs (81 FR 32617). Under the variable annual fee structure, an
SMR's annual fee would be assessed as a function of its bundled
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 will collect $28.9 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 resources
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]
------------------------------------------------------------------------
Summary fee calculations FY 2020 final FY 2021 final
------------------------------------------------------------------------
Total budgeted resources................ $37.9 $42.2
Less estimated 10 CFR part 170 receipts. -15.9 -13.8
-------------------------------
Net 10 CFR part 171 resources....... 22.1 28.4
Allocated generic transportation costs.. 0.8 1.1
Fee-relief adjustment................... -0.1 N/A
Billing adjustments..................... 0.1 -0.6
Total required annual fee recovery.. 22.9 28.9
Total spent fuel storage facilities. 122 122
Annual fee per facility................. $0.188 $0.237
------------------------------------------------------------------------
In comparison to FY 2020, the FY 2021 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. This increase is partially offset by the
10 CFR part 171 billing adjustment that was included in the spent fuel
storage/reactor decommissioning fee class calculation due to the
deferral of annual fees and fees for services due to the COVID-19
pandemic. These components are discussed in the following paragraphs.
The budgeted resources for the spent fuel storage/reactor
decommissioning fee class increased primarily to support 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 applications for renewals and amendments for
independent spent fuel storage installation (ISFSI) licenses and dry
cask storage certificates of compliance (CoCs); (2) the near
[[Page 32153]]
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; and (5) the near completion of the
license termination for the La Crosse Boiling Water Reactor. This
decrease in the 10 CFR part 170 estimated billings is partially offset
by increased work to support the following: (1) 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 topical
reports; and (4) decommissioning activities within the power reactor
decommissioning program, including the review of decommissioning
license amendment requests, exemption requests, 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 pandemic.
The required annual fee recovery amount is divided equally among
122 licensees, resulting in a FY 2021 annual fee of $237,000 per
licensee.
c. Fuel Facilities
The NRC will collect $17.5 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]
------------------------------------------------------------------------
Summary fee calculations FY 2020 final FY 2021 final
------------------------------------------------------------------------
Total budgeted resources................ $23.2 $23.3
Less estimated 10 CFR part 170 receipts. -6.8 -7.3
-------------------------------
Net 10 CFR part 171 resources....... 16.5 16.0
Allocated generic transportation........ 1.1 1.5
Fee-relief adjustment................... -0.1 N/A
Allocated LLW surcharge................. 0.4 0.3
Billing adjustments..................... 0.1 -0.4
Total remaining required annual fee $18.0 $17.5
recovery...............................
------------------------------------------------------------------------
In comparison to FY 2020, the FY 2021 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
pandemic. The decrease in the annual fee is offset by an increase in
the budgeted resources as discussed in the following paragraphs.
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 application. As part of the final annual fee
calculation, an approximate $0.4 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 pandemic.
The decrease in the 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.
In addition, the NRC has added an annual fee for fee category
1.A.(2), ``Limited Operations,'' in anticipation that the NRC may
decide to issue a license amendment in the future that would move a
licensee to the ``Limited Operations'' fee category from the 1.E,
``Uranium Enrichment'' fee category because the NRC has received an
amendment application to a fuel facility license that, if granted,
would authorize a significantly smaller operating facility.
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))................................. 1 3 17
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))............ 0 0 0
Hot Cell (and others) (1.A.(2)(c)).............................. 0 0 0
[[Page 32154]]
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 to be
recovered, $17.5 million, is attributable to safety activities,
safeguards activities, and the LLW surcharge. For FY 2021, the total
budgeted resources to be recovered as annual fees for safety activities
are $9.4 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, $7.8 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 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 2020 final FY 2021 final
Facility type (fee category) annual fee annual fee
------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)). $5,067,000 $4,643,000
Low-Enriched Uranium Fuel (1.A.(1)(b)).. 1,717,000 1,573,000
Facilities with limited operations N/A 1,037,000
(1.A.(2)(a))...........................
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 2,023,000
UF6 Conversion and Deconversion 510,000 467,000
(2.A.(1))..............................
------------------------------------------------------------------------
d. Uranium Recovery Facilities
The NRC will collect $0.2 million in annual fees from the uranium
recovery facilities fee class in FY 2021, as shown in Table XI. The FY
2020 uranium recovery facilities fees are shown for comparison
purposes.
Table XI--Annual Fee Summary Calculations for Uranium Recovery
Facilities
[Dollars in millions]
------------------------------------------------------------------------
Summary fee calculations FY 2020 final FY 2021 final
------------------------------------------------------------------------
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 0.2
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 0.2
------------------------------------------------------------------------
In comparison to FY 2020, the FY 2021 annual fee for the uranium
recovery facilities 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 resources specifically budgeted for the
NRC's UMTRCA Title I and II activities, as well as 10 percent of the
remaining budgeted resources 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 is decreasing 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
[[Page 32155]]
budgeted resources to the remaining licensee in this fee class, as
described in the work papers. This is reflected in Table XII:
---------------------------------------------------------------------------
\3\ 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
Facilities Fee Class
[Actual dollars]
------------------------------------------------------------------------
FY 2020 final FY 2021 final
Summary of costs 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 $111,536
resources less 10 CFR part 170
receipts...........................
10 percent of generic/other uranium 5,573 5,241
recovery budgeted resources........
10 percent of uranium recovery fee- -107 N/A
relief adjustment..................
-------------------------------
Total Annual Fee Amount for DOE $120,000 $117,000
(rounded)..............................
Annual Fee Amount for Other Uranium
Recovery Licenses:
90 percent of generic/other uranium $50,153 $47,166
recovery budgeted resources 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 Other $49,194 $47,166
Uranium Recovery Licenses
------------------------------------------------------------------------
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 facilities 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 basic in situ recovery facility.
Table XIII displays the benefit factors for the non-DOE licensee in
that fee category:
Table XIII--Benefit Factors for Uranium Recovery Licenses
----------------------------------------------------------------------------------------------------------------
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 2020 final FY 2021 final
Facility type (fee category) annual fee annual fee
------------------------------------------------------------------------
Conventional and Heap Leach mills N/A N/A
(2.A.(2)(a))...........................
Basic In Situ Recovery facilities $49,200 $47,200
(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 will collect $0.320 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 facilities
fee class replaces the research and test reactor fee class from
previous fiscal years. This revised fee class accounts for commercial
non-power 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.
[[Page 32156]]
Table XV--Annual Fee Summary Calculations For Non-Power Production or
Utilization Facilities
[Actual dollars]
------------------------------------------------------------------------
Summary fee calculations FY 2020 final FY 2021 final
------------------------------------------------------------------------
Total budgeted resources................ $3,317,830 $2,896,754
Less estimated 10 CFR part 170 receipts. -3,030,000 -2,576,000
-------------------------------
Net 10 CFR part 171 resources....... 287,830 320,754
Allocated generic transportation........ 30,713 4,330
Fee-relief adjustment................... -6,183 N/A
Billing adjustments..................... 12,980 -4,391
Total required annual fee recovery.. 325,341 320,141
Total non-power production or 4 4
utilization facilities licenses....
Total annual fee per license (rounded).. $81,300 $80,000
------------------------------------------------------------------------
In comparison to FY 2020, the budgetary resources for the non-power
production or utilization facilities fee class is primarily decreasing
with respect to the medical isotope production facilities due to the
near completion of the activities associated with the staff's review of
the operating license application for SHINE Medical Technologies, LLC
(SHINE). In addition, the 10 CFR part 170 estimated billings are
declining within the fee class as a result of delayed submittals
associated with medical isotope production facilities by various
applicants. The 10 CFR part 170 estimated billings associated with the
four non-power production or utilization facilities licensees subject
to annual fees increased to support the following: (1) Activities
associated with the review of the GE Nuclear Test Reactor license
renewal application; and (2) activities associated with the review of a
complex license amendment for the National Institute of Standards and
Technology Neutron Reactor.
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 annual fee of $80,000 for each
licensee.
f. Rare Earth
The NRC has not allocated any budgeted resources to this fee class;
therefore, the NRC is not assessing an annual fee for this fee class in
FY 2021.
g. Materials Users
The NRC will collect $35.3 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]
------------------------------------------------------------------------
Summary fee calculations FY 2020 final FY 2021 final
------------------------------------------------------------------------
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 1.5
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 $35.3
------------------------------------------------------------------------
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 $35.3 million for FY 2021 shown in
Table XVI consists of $27.6 million for general costs and $7.7 million
for inspection costs. To equitably and fairly allocate the $35.3
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, annual fees are decreasing for 42 fee
categories within the materials users fee class to reflect changes as a
result of the biennial review of fees, which included an examination of
the average professional hours for licensing and oversight activities.
In addition, annual fees are increasing for 11 fee categories within
the materials users fee class due to the following: (1) 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; (3) the realignment of budgeted resources that supports contract
funding for general license tracking, the materials event database, and
rulemaking information technology activities; (4) changes as a result
of the biennial review of fees, which included an examination of the
average professional hours for licensing and oversight activities; and
(5) an
[[Page 32157]]
increase in generic transportation costs for materials users.
A constant multiplier is established to recover the total general
costs (including allocated generic transportation costs) of $27.6
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 1.0 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 annual fee being 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 II, ``Discussion,'' of this
document). The annual fee for each fee category is shown in the
revision to Sec. 171.16(d).
h. Transportation
The NRC will collect $1.4 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.
Table XVII--Annual Fee Summary Calculations for Transportation
[Dollars in millions]
------------------------------------------------------------------------
Summary fee calculations FY 2020 final FY 2021 final
------------------------------------------------------------------------
Total budgeted resources................ $7.2 $8.3
Less estimated 10 CFR part 170 receipts. -2.8 -2.3
-------------------------------
Net 10 CFR part 171 resources....... 4.4 5.9
Less generic transportation resources... -3.4 -4.5
Fee-relief adjustment................... 0.0 N/A
Billing adjustments..................... 0.0 -0.1
Total required annual fee recovery.. $1.0 $1.4
------------------------------------------------------------------------
In comparison to FY 2020, the annual fee for the transportation fee
class is increasing primarily due to the following: (1) The decline in
10 CFR part 170 estimated billings related to delays in new amendment
packages; and (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, an increase in the number and
complexities of transportation package applications as a result of an
increase in the number of power reactors in decommissioning, and the
expanded use of accident tolerant fuels. The increase in the annual fee
is partially offset by an approximate $0.1 million 10 CFR part 171
billing adjustment that was included in the transportation fee class
calculation due to the deferral of annual fees and fees for services
due to the COVID-19 pandemic.
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................................................. 23.0 25.9 1.5
Operating Power Reactors........................................ 5.0 5.6 0.3
Spent Fuel Storage/Reactor Decommissioning...................... 16.0 18.0 1.1
Non-Power Production or Utilization Facilities.................. 0.7 0.7 0.0
Fuel Facilities................................................. 23.0 25.9 1.5
Sub-Total of Generic Transportation Resources................... 67.7 76.3 4.5
[[Page 32158]]
DOE............................................................. 21.0 23.7 1.4
-----------------------------------------------
Total....................................................... 88.7 100.0 5.9
----------------------------------------------------------------------------------------------------------------
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 making 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 implementing requirements for a standard method for licensees and
applicants to efficiently dispute or seek review and correction of
errors in invoices. The process being implemented is illustrated in the
process map, ``NRC Form 529, Processing Dispute of Fees-For-Service
Charges'' (ADAMS Accession No. ML20311A159). This 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 and on the agency's public website, and 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 also
eliminates 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 is revising its regulations.
Specifically the NRC is revising Sec. 15.31, ``Disputed debts,'' with
conforming amendments in Sec. Sec. 15.37, ``Interest, penalties, and
administrative costs,'' and 15.53, ``Reasons for suspending collection
action,'' and changing the heading for Sec. 170.51, ``Right to review
and appeal of prescribed fees,'' to ``Right to dispute assessed fees.''
The NRC is also adding a new section, Sec. 171.26, ``Right to dispute
assessed fees,'' to 10 CFR part 171. These changes outline the
interactions between the submitter and the NRC. The 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, these amendments 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 is amending 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 renaming the ``research and test reactors'' fee class the ``non-
power production or utilization facilities'' fee class, which would
include currently operating research and test reactors and future
NPUFs, such as non-reactor NPUF technologies. Finally, the NRC is
amending Sec. 171.15(e) so that the assessment of annual fees for a
SMR licensee commences after the successful completion of power
ascension testing and the licensee provides written notification to the
NRC. These policy changes are consistent with the FY 2020 final fee
rule (85 FR 37250; June 19, 2020) 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). Prior to this final rule, the NRC had not
established a policy for assessing 10 CFR part 171 annual fees to
future non-reactor NPUF licensees (e.g., 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, as well as
certain operating non-power production or utilization facilities not
exempted under Sec. 170.11. While the NRC's fee regulations do not
include 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 may decide to issue an operating
license in the future, the NRC is revising its regulations to provide
for the assessment of annual fees to NPUFs under Sec. 171.15(a) when
they have notified the NRC of the successful completion of startup
testing. This final 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:
[[Page 32159]]
Non-power Production or Utilization Facility License Renewal'' (ADAMS
Accession No. ML18031A000), dated June 17, 2019.\4\ The definition
includes production or utilization facilities, licensed under Sec.
50.21(a) or (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 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 draft 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 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 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 will 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 annual fee assessment for
future NPUFs and SMR licenses under 10 CFR part 50, and SMRs under 10
CFR part 52, will begin on the date of the licensee's written
notification of the successful completion of startup testing or power
ascension testing.
Accordingly, the NRC is amending Sec. 171.15(a) and (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 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, which was submitted by Dr. Michael D. Meier on
behalf of the Southern Nuclear Operating Company (ADAMS Accession No.
ML19081A015), and on the FY 2020 proposed fee rule (85 FR 9328;
February 18, 2020). The NRC is also making conforming changes by
revising Sec. 170.3, ``Definitions,'' Sec. 171.3, ``Scope,'' Sec.
171.5, ``Definitions,'' and Sec. 171.17, ``Proration.''
FY 2021--Administrative Changes
The NRC is making seven 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 two-year weighted average
of materials users' fees for all fee categories that have small entity
licensees. The 39 percent was based on the small entity annual fee for
FY 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 entity
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 (86 FR 10459; February 22, 2021),
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 two-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 increasing
the upper tier small entity fee from $4,500 to $4,900 and increasing
the lower tier fee from $900 to $1,000. This constitutes 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 is amending 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
[[Page 32160]]
System,'' and ``Reference systems concept''.
The NRC is amending 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 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 is removing 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, therefore, will charge fees for import and
export licensing actions.
5. Amend Sec. 171.5, ``Definitions,'' to replace the reference in
``Budget authority''.
The NRC is amending 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 is revising Sec. 171.11(c) to change the ``or'' in the
section to ``and.'' This change accurately reflects that even when an
exemption is ``in the public interest,'' the NRC cannot grant the
exemption unless it is ``authorized by law.'' This change also
harmonizes Sec. 171.11(c) with Sec. 170.11(b), which uses ``and.''
This change does not alter the NRC's fee exemption policy.
7. Technical Correction.
The NRC is making a technical correction to the program codes
referenced in Sec. Sec. 170.31 and 171.16. Under Sec. Sec. 170.31 and
171.16, the NRC is removing program code 03252 since it is no longer in
use for fee category 3(I). Under Sec. 171.16, the NRC is replacing the
program codes referenced for fee category 3(A)(1) with 04010, 04012,
and 04014 to reflect the correct program codes that should be cited for
this fee category. Currently, 3(A)(1) references program codes 03211,
03212 and 03213. The NRC is also removing program 03235 referenced in
fee category 4(A) since it is used as a secondary program code and no
fees are charged to this code.
Update on the Fees Transformation Initiative
In the staff requirements memorandum (SRM), 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. 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.
The one fees transformation activity yet to be 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 (SBA). 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. In the SRM for SECY-
20-0111 (ADAMS Accession No. ML21029A186), the Commission approved the
staff's recommendation to initiate a rulemaking to amend the NRC's
small business size standards in Sec. Sec. 2.810 and 171.16(c) to
comply with the Small Business Runway Extension Act of 2018 (Runway
Act) and related SBA regulations and to reflect inflation adjustments.
The NRC is currently in the process of developing the proposed rule.
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.
III. Public Comment Analysis
Overview of Public Comments
The NRC published a proposed rule on February 22, 2021 (86 FR
10459), and requested public comment on its proposed revisions to 10
CFR parts 15, 170, and 171. By the close of the comment period, the NRC
received eight written comment submissions on the FY 2021 proposed
rule. In general, the commenters were supportive of the specific
proposed regulatory changes. Some commenters expressed concerns about
broader fee-policy issues related to transparency, the overall size of
the NRC's budget, fairness of fees, and budget formulation. Some
commenters' concerns were outside the scope of the fee rule.
The commenters are listed in Table XIX.
Table XIX--FY 2021 Proposed Fee Rule Commenter Submissions
------------------------------------------------------------------------
ADAMS accession
Commenter Affiliation No.
------------------------------------------------------------------------
Andrew Straw................. N/A.................. ML21064A398.
M. Keller.................... Hybrid Power ML21064A399
Technologies LLC.
[[Page 32161]]
Matthew Ostdiek.............. Rendezvous ML21077A246
Engineering, P.C.
(RE).
Gary Peters.................. Framatome............ ML21082A394
Jennifer Uhle................ Nuclear Energy ML21084A747
Institute (NEI).
Cheryl Gayheart.............. Southern Nuclear ML21084A747
Operating Company
(SNC).
Bradley Fewell............... Exelon Generation ML21085A680
Company (Exelon).
Anonymous.................... N/A.................. ML21090A120
------------------------------------------------------------------------
Information about obtaining the complete text of the comment
submissions is available in Section XIV, ``Availability of Documents,''
of this document.
IV. Public Comments and NRC Responses
The NRC has carefully considered the public comments received on
the proposed rule. The comments have been organized by topic. Comments
from a single commenter have been quoted to ensure accuracy; brackets
within those comments are used to show changes that have been made to
the quoted comments. The NRC responses are preceded by a short summary
of the issues raised by the commenters.
A. Overhead Costs
Comment: ``The NRC fees are wildly excessive relative to private
industry. The NRC fee is more than engineering firm senior executives
would charge a client. There is simply no question that the NRC
bureaucracy is vast and requires an extremely high overhead cost be
attached to the direct cost associated with NRC staff carrying out
review activities. The NRC fee creates a yearly charge that is more
than the salary of the U.S. president. As long as significantly
excessive fees are charged, there appears to be no incentive for the
NRC to reduce the overhead bloat, the proposed fee should be reduced by
at least 5% every year until the fee is more similar to that of private
industry doing similar work.'' (M. Keller)
Response: The NRC is a Federal agency tasked with protecting the
health and safety of the public and the common defense and security,
and there is no equivalent role found in private industry. Unlike
private industry, all fees that the NRC assesses to applicants and
licensees must conform to statutory requirements under the IOAA and
NEIMA. In other words, the fees that the NRC charges are based in part
on requirements that would not be reflected in the fees charged by
private engineering firms.
The IOAA prescribes the framework for charging fees for government
services. Under the IOAA, fees must be fair and based on the costs to
the Government and value of the service to the recipient. Additionally,
under NEIMA, the NRC is required to recover through fees, to the
maximum extent practicable, approximately 100 percent of its annual
budget authority, less the budget authority for excluded activities.
Under NEIMA the NRC must also use its IOAA authority first to collect
10 CFR part 170 service fees for NRC work that provides specific
benefits to identifiable recipients, such as licensing activities,
inspections, and special projects.
To comply with these laws, the NRC establishes a professional
hourly rate for its work. Consistent with the IOAA, the 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, which includes corporate support and
the Inspector General. The NRC then subtracts certain offsetting
receipts and divides this total by the mission-direct 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 contract activities related to
mission-direct contract resources, which are generally billed to
licensees separately. Because the NRC's fee recovery under the IOAA (10
CFR part 170) will not equal 100 percent of the agency's total budget
authority for the fiscal year (less the budget authority for excluded
activities), the NRC also assesses annual fees under 10 CFR part 171 to
recover the remaining amount necessary to comply with NEIMA.
No change was made to the final rule in response to this comment.
B. Operating Power Reactors Decline in the Budget and 10 CFR Part 170
Estimated Billings
Comment: ``Over the past five years, Part 170 service fee
collections have decreased by over 20%. This reduction is even more
dramatic for the operating plant fee class from which over 85% of
service fees are collected, where Part 170 service fee collections have
decreased by 45%. While there has been a reduction in the NRC operating
plant budget during this time, the reduction has not kept pace with the
reduction in operating plant service fee collections. As a result, a
greater percentage of the budget is required to be recovered through
annual fees. The percentage of the operating plant budget that is
derived from annual fees (currently at 73%) continues to increase; up
from 62% in FY 2016. As noted in the fee rule notices and associated
work papers, the reductions in service fee collections in recent years
have been attributable, in part, to plant closures. These closures were
announced well in advance and should have enabled adjustments to be
made to properly align the NRC budget to reflect smaller projected
workloads. With a number of announced nuclear plant closures in FY 2022
and subsequent years, the downward trend in Part 170 service fee
collections will continue. It is not realistic to expect a decreasing
number of operating plants to support a budget that, on a per plant
basis, is appreciably increasing. The anticipated reduction in Part 170
service fee collections places a strong obligation on the NRC to ensure
that staffing levels and budgets are properly aligned to reflect
smaller projected workloads. The NRC should take all necessary steps to
continue and expedite its efficiency efforts. Given the maturity of the
U.S. nuclear fleet, in combination with its high level of operational
performance and a demonstrated level of safety, timely reductions in
unnecessary regulatory burden are appropriate. We are encouraged by
efforts underway to transform NRC into a modern risk-informed
regulator. It is imperative that these efforts continue.'' (NEI)
Response: The relationship between 10 CFR part 170 (service fees)
relative to 10 CFR part 171 (annual fees) is workload-driven. The
activities covered by 10 CFR part 171 annual fees are necessary for the
NRC to accomplish its safety and security mission as described and
justified in the CBJ. The amount of
[[Page 32162]]
service fees collected under 10 CFR part 170, on the other hand,
depends on several factors, including the professional hourly rate,
licensee and applicant decisions to pursue licensing actions, and the
number of hours necessary to resolve any licensing actions.
Since FY 2016, the fee class budget for operating power reactors
has decreased from $750.4 million in FY 2016 to $611.8 million in FY
2021. This represents a reduction of $138.6 million, or approximately
18 percent, as a result of the decreasing number of nuclear power
reactor licensees, application delays and withdrawals, fewer license
amendment requests being submitted, efficiencies gained with the merger
of the Office of Nuclear Reactor Regulation and the Office of New
Reactors, and long-term project completions. Over this same period, the
10 CFR part 170 estimated billings for the operating power reactors fee
class have declined from $287.8 million in FY 2016 to $157.0 million in
FY 2021, which represents a decline of $130.8 million, or approximately
45 percent. As compared to FY 2016, the operating power reactors fee
class annual fee has declined from $465.9 million in FY 2016 to $446.8
million in FY 2021, which represents a decrease of $19.1 million, or
approximately 4 percent. These changes in the budgetary resources and
the 10 CFR part 170 estimated billings, as well as other adjustments
(including billing adjustments, generic transportation, and the LLW
surcharge) and the elimination of the fee-relief surcharge or credit in
FY 2021, alter the amount of fee-recoverable budgeted resources that
are required to be collected through 10 CFR part 171 annual fees from
the operating power reactors fee class.
With respect to expediting efficiency efforts, the NRC continues to
review its budget and pursue additional efficiency improvements related
to budget formulation such as pursuing the use of analytical tools
(e.g., dashboards), to help the NRC analyze and report data quicker and
more consistently and to support a more efficient and risk-informed
budget formulation process. When formulating the budget, the NRC takes
into consideration: (1) Projected operating power plant closures; (2)
workload forecasting, including workload drivers, analysis of
historical data and trends, and communication with stakeholders; (3)
the estimated level of effort for regulatory activities and yearly
recurring activities; and (4) other external factors that may impact
how the NRC meets its statutory responsibilities as the industry
changes. However, the NRC budget is not linearly proportional to the
size of the operating power reactor fleet, as there is a cost for the
infrastructure that must be maintained independent of the number of
operating power reactors in the fleet.
The NRC is required by NEIMA to recover, to the maximum extent
practicable, approximately 100 percent of its annual budget authority,
less the budget authority for excluded activities. NEIMA also caps the
per-licensee annual fee for operating reactors, to the maximum extent
practicable, at the FY 2015 annual fee amount as adjusted for
inflation. The NRC continues to evaluate resource requirements and
adjustments that can be made to refine the operating power reactors
budget.
Finally, the NRC remains committed to providing enhanced
transparency throughout the development of the annual fee rule and
supporting work papers.
No changes were made to this final rule as a result of these
comments.
Comment: ``The FY 2021 Proposed Fee Rule continues to shift the
burden created by overestimating Part 170 fee collections reflected in
the NRC's appropriated budget to the recovery of Part 171 annual fees.
While Exelon appreciates the challenge of precisely estimating the
amount of Part 170 fees that will be recovered two years in advance due
to the budget cycle, we note that this is precisely the problem that
NEIMA intended to address. The Conference Report for NEIMA describes
exactly this challenge in explaining the basis for the law: ``Several
problems arise from [the OBRA-90] structure. If the NRC overestimates
the amount of revenue it expect [sic] to collect under Part 170, it
must recover the resulting revenue shortfall through Part 171 fees in
order to meet the OBRA-90 mandate for 90 percent fee recovery.'' The
Congress noted that this situation ``highlight[s] the need for the NRC
to budget more accurately and recover fees for work that is actually
conducted.'' It is clear, therefore, that Congress designed NEIMA with
the existing challenges of the budget cycle in mind. Notwithstanding
Congress's clear intent in this regard, the FY 2021 Proposed Fee Rule
would continue to shift the impacts of Part 170 overbudgeting to Part
171 annual fees, which does not appear to take advantage of the
significantly greater flexibilities in NEIMA with respect to the
portions of its appropriated budget that the NRC must collect through
fees.'' In addition to this comment submission, this response addresses
similar comments made during the March 18, 2021, public meeting to
discuss the FY 2021 proposed fee rule. (Exelon)
Response: The NRC disagrees with the commenter's suggestion that
the allocation of service fees versus annual fees in the FY 2021
proposed fee rule might be inconsistent with congressional intent
underlying NEIMA. Under NEIMA, the NRC is still required to recover
through fees the total appropriated budget (with the exception of
discrete categories of budget authority), and to do so through a
combination of both service fees and annual fees. Specifically, NEIMA
requires 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.
The NRC is fully in compliance with NEIMA. The NRC identified fee-
relief activities in the FY 2021 CBJ (which were consistent with the
fee-relief activities identified in the FY 2020 fee rule, with the
exception of international activities, not including the resources for
import and export licensing) and the FY 2021 final fee rule maintains
those same fee-relief activities. The Congressional report referenced
by the commenter as support for the proposition that NEIMA was intended
to provide the NRC ``significantly greater flexibilities'' regarding
fee collection is not a conference report, but rather a report issued
by the Senate Committee on Environment and Public Works (Senate Report
115-86). At the time when the bill was reported by the Senate Committee
on Environment and Public Works, the bill would have limited fee-relief
activities to those identified in the FY 2015 final fee rule. This is
inconsistent with the commenter's suggestion that this Congressional
report reflects an intent for NEIMA to provide the NRC with greater
flexibility in determining what portions of the appropriated budget are
recovered through fees. The Congressional report in fact contains
statements reflecting an intention that the NRC, under NEIMA, would
collect fees based on the agency's workload, but the amount not
recovered through fees would generally be unaffected. For example, the
report states that ``[c]onsistent with current practice, the taxpayer
continues to pay only for the items explicitly outlined in the law as
appropriated items and the rest of the NRC's budget is to be recovered
through fees[;] [a]s such, the cost to the taxpayer is generally
unaffected but the fee recovery will be determined by the agency's
workload rather than a mandated percentage.''
[[Page 32163]]
The FY 2021 CBJ provided the agency's explanation and justification
for the resources being requested to allow the agency to complete its
mission, and the reason for changes in the budget request for the NRC
as compared to the prior year, at the business line and product line
levels. Appendix C of the FY 2021 CBJ was included with the intent to
increase transparency with stakeholders. The NRC developed this
estimate based on the NRC 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, as well as
certain data assumptions and historical information available during
the FY 2021 budget formulation process.
Consistent with NEIMA, when developing the annual fee rule, the NRC
had to take into account changes that occurred in the two-year interval
between the development of the FY 2021 budget request, which began in
FY 2019, and the enactment of the FY 2021 appropriation in December
2020. As part of the development of the annual fee rule, the NRC
estimates the amount of 10 CFR part 170 service fees by each fee class
by analyzing billing data and the actual cost of work under NRC
contracts that was charged to licensees and applicants for the previous
four quarters. The estimate, therefore, reflects any recent changes in
the NRC's regulatory activities.
The FY 2021 proposed rule utilized four quarters of the prior year
invoice data, while the NRC is using a combination of two quarters of
the prior year and two quarters of the current year billing data (which
is also updated to reflect workload changes) for the FY 2021 final
rule. In the FY 2021 proposed fee rule, the 10 CFR part 170 estimated
billings were $157.0 million compared to the $188.3 million that was
included in the FY 2021 CBJ. The decline in 10 CFR part 170 estimated
billings was primarily due to: (1) The plant closures of Indian Point
Unit 3 in April 2021 and Duane Arnold in October 2020; (2) the
completion of construction activities at Vogtle Unit 3; (3) the
completion of the NuScale SMR design certification review; and (4) the
impact of continued travel restrictions and limited on-site presence on
inspection activities due to the COVID-19 pandemic.
The NRC continues to actively evaluate resource requirements to
address changes that occur between budget formulation and execution,
and to pursue improvements that enhance the accuracy of projections
used in budget formulation. For example, the NRC considers projected
operating power plant closures and other external factors when
estimating workload changes in a manner that allows the agency to meet
its statutory responsibilities as the industry changes. The NRC also
seeks information from licensees and other entities relevant to
projected workload through public meetings and other forms of public
outreach, to better inform the NRC's budget formulation workload
assumptions. Ultimately, however, the NRC budget is not linearly
proportional to the size of the operating fleet, as there is a cost for
the agency infrastructure that must be maintained independent of the
number of operating power reactors in the fleet.
No changes were made to this final rule as a result of these
comments.
C. Fee-Relief Adjustment and NEIMA
Comment: ``In the FY 2021 Proposed Fee Rule, the NRC did not make a
``fee-relief adjustment'' that it has made in past years on the basis
that ``[b]ecause 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.'' However, nowhere in NEIMA itself
nor in the legislative history did Congress direct the NRC to eliminate
fee-relief adjustments. NEIMA specifically requires the deduction of
``any fee relief activity, as identified by the Commission,'' which
seems on its face to provide significant flexibility to the Commission
to make necessary adjustments since ``any fee relief activity'' is not
defined in the statute or the legislative history. The Proposed Fee
Rule expressly acknowledges that the exclusion of fee relief activities
is required by NEIMA as part of ``Excluded Activities'' to be excluded
from fee recovery. But as explained in the Proposed Fee Rule, ``[i]n FY
2021, the fee-relief activities identified by the Commission are
consistent with prior final fee rules'' with the exception of some
international activities. In other words, while NEIMA made it possible
for the NRC to define ``fee relief activities'' in a way that could
have accounted for Part 170 over-budgeting, the Proposed Rule
essentially maintains the same constraints that existed under OBRA-90.
This interpretation was not mandated by Congress, nor does it appear to
align with the NRC's overall vision to become a ``modern, risk-informed
regulator'' that values innovative approaches to problem solving.''
(Exelon)
Response: The NRC disagrees with the commenter's suggestion that
NEIMA allows for the NRC to provide fee-relief adjustments that would
give licensees a possible credit or surcharge like under the OBRA-90
framework. NEIMA requires 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,
one of which is fee-relief activities as identified by the Commission.
Under NEIMA the NRC must also use its IOAA authority first to collect
10 CFR part 170 service fees for NRC work that provides specific
benefits to identifiable recipients, such as licensing activities,
inspections, and special projects.
Eliminating the fee-relief adjustment increases the predictability
for licensees in forecasting their annual fees. The NRC discussed the
elimination of the 10 percent fee-relief credit or surcharge in FY 2021
during the FY 2020 proposed fee rule public meeting on March 5, 2020
(ADAMS Accession No. ML20077G458), where the agency explained how the
elimination of the credit or surcharge would make a licensee's annual
fees more predictable.
For example, if the FY 2021 fee rule had, hypothetically, remained
governed by OBRA-90 and the 10 percent allowance for fee relief
specified in OBRA-90 applied, there would have been a surcharge of $9.9
million to all licensees in the FY 2021 fee rule. The NRC's FY 2021
appropriation totaled $844.4 million, so a 10 percent allowance would
have resulted in $81.3 million for fee-relief activities. However, the
FY 2021 proposed fee rule and supporting work papers illustrate that
the NRC's budget for fee-relief activities during FY 2021 totaled $91.2
million for activities not attributable to an existing licensee or
class of licensees and activities not assessed fees based on existing
law or Commission policy. This would have resulted in an overage of
$9.9 million if the OBRA-90 framework applied.
In addition, the commenter suggests that the NRC should put in fee-
relief activities (instead of 10 CFR part 171 annual fees) the budgeted
resources that were anticipated to be used for 10 CFR part 170 work
(e.g., licensing and oversight regulatory activities), but will
ultimately not be used for 10 CFR part 170 work this fiscal year (i.e.,
the differences in the 10 CFR part 170 estimated billings shown in
Appendix C of the FY 2021 CBJ compared to the FY 2021 final fee rule).
These resources were anticipated to be used for 10 CFR part 170 work
for the operating power
[[Page 32164]]
reactors fee class as shown in Appendix C of the CBJ, which was
developed based on the NRC 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, as well as
certain data assumptions and historical information that was available
during the FY 2021 budget formulation process. Consistent with NEIMA,
when developing the annual fee rule, the NRC had to take into account
changes that occurred in the two-year interval between the development
of the FY 2021 budget request, which began in FY 2019, and the
enactment of the FY 2021 appropriation in December 2020. In developing
the FY 2021 fee rule, the NRC estimated the amount of 10 CFR part 170
service fees by each fee class by analyzing billing data and the actual
cost of work under NRC contracts that was charged to licensees and
applicants for the previous four quarters. Because the NRC's fee
recovery under the IOAA (10 CFR part 170) will not equal 100 percent of
the agency's total budget authority for the fiscal year (less the
budget authority for excluded activities), the NRC must assess annual
fees under 10 CFR part 171 to recover the remaining amount necessary to
comply with NEIMA. NEIMA requires the NRC to establish a schedule of
annual fees that fairly and equitably allocates budgeted resources.
While these resources were anticipated to be used for 10 CFR part 170
work for the operating power reactors fee class, the resources have
been shifted to being used for work that is recovered through 10 CFR
part 171 because it will benefit the operating power reactors fee
class. Thus, the NRC has appropriately included the resources in 10 CFR
part 171 fees for this fee class.
Fee-relief activities identified by the Commission fall into two
categories: (1) Activities not attributable to an existing licensee or
class of licensees, and (2) activities not assessed 10 CFR part 170 or
171 fees based on existing law or Commission policy. The categories of
fee-relief activities are identified in the FY 2021 proposed fee rule
in Table I Excluded Activities and were also discussed during the FY
2021 proposed fee rule public meeting on March 18, 2021. The fee relief
activities identified by the Commission reflect a fair and equitable
allocation of resources.
No changes were made to this final rule as a result of these
comments.
D. Corporate Support Cap and the Fee Rule Work Papers
Comment: One commenter stated that ``One of NEIMA's requirements is
the limitation of Corporate Support costs as a percentage of total
budget authority, to the maximum extent practicable. Exelon suggests
that the fee rule explain whether the Corporate Support costs are under
the NEIMA limit. NRC should also demonstrate, either in the fee rule or
the work papers, how the Corporate Support cost as a percentage of
total budget authority is determined. For FY 2021, NEIMA limits
Corporate Support costs (to the maximum extent practicable) to 30
percent of the NRC's total budget authority. During the March 18, 2021
NRC public meeting on the Proposed Fee Rule, the staff explained that
Corporate Support costs for FY2021 totaled 31% of the agency's overall
budget. However, the work papers for the determination of the
professional hourly rate includes approximately $284M for Corporate
Support (with IG), which amounts to approximately 34% of the overall
budget authority of $844M. The NRC should clearly explain in the fee
rule how it arrived at the 31% allocation that it described during the
public meeting.'' (Exelon)
Response: Section 102(a)(3) of NEIMA requires that, to the maximum
extent practicable, the corporate support costs requested in the annual
budget justification provided to Congress not exceed a specified
percentage of the total budget authority requested for the NRC in its
annual budget justification (Section 102(a)(3)(A) includes the
percentage applicable to the annual budget justification for FY 2021).
As stated in the Executive Summary to the FY 2021 CBJ, the corporate
support request was approximately 31 percent of the agency's total
requested budget authority and reflects the agency's efforts to comply
with Section 102(a)(3)(A) of NEIMA to the maximum extent practicable.
The FY 2021 CBJ noted that further reductions to corporate support in
FY 2021 were not feasible and would jeopardize the corporate activities
necessary to accomplish the agency's mission. Pages 83-86 of the FY
2021 CBJ provide more specific information on the corporate support
costs by product line that comprised the 31 percent referenced during
the March 18, 2021, public meeting. The corporate support business line
resources total approximately $271.4 million in FY 2021, as shown on
page 83 of the FY 2021 CBJ. Corporate support does not include
Inspector General budgetary resources. The percent corporate support is
calculated by dividing $271.4 million by $863.4 million, which is 31
percent of the agency's total requested budget authority.
Section 102(a)(3) of NEIMA as it pertains to the corporate support
cap applicable to the annual budget justification does not apply to the
annual fee rule. In the FY 2021 proposed fee rule and supporting work
papers, the NRC's professional hourly rate calculation was derived by
adding, in part, resources for agency support, which include both
corporate support and the Inspector General. The agency support
(corporate support and the Inspector General) resources in the FY 2021
proposed fee rule total $283.7 million, or approximately 34 percent
when dividing by $844.4 million. In addition, the NRC's overall budget
authority was reduced by $19.0 million (and Congress, in turn, directed
the NRC to use carryover funding, as further discussed in the ``FY 2021
Fee Collection--Overview'' section of this document). Also, the FY 2021
fee rule is based on the enacted budget, not the budget request. The
agency will continue efforts to implement efficiencies and invest
resources in initiatives that will result in future savings in
corporate support activities.
No changes were made to this final rule as a result of these
comments.
E. 10 CFR Part 171 Operating Power Reactors Fee Class Invoicing
Comment: ``As noted in the Proposed Fee Rule, NRC has improved the
accuracy and clarity of Part 170 service fee invoicing, e.g., via
internal auditing and development of Enterprise Project Identifiers
(EPID). Exelon acknowledges and salutes the NRC's success in this area.
However, as accuracy and clarity in hourly fees collected under Part
170 has increased, the actual amount of fees collected under Part 170
has decreased. Exelon understands that the numerous line item numbers
shown in the work papers' Power Reactors Fee Class details are
themselves the summations of multiple other supporting calculations
apparently too detailed to provide. Numerous as these line items are,
their general nature makes understanding difficult for an outside
reviewer. Exelon suggests that some ``pointer'' designation be
developed, similar to the EPID/CAC system used for Part 170 fees [ ]
and included in the quarterly Part 171 reactor fee invoicing. This way,
the details of which line items will be funded via reactor fee
invoicing within a given calendar year quarter may be better tracked
back to the work papers, allowing constructive dialogue between NRC and
reactor licensees regarding the applicability of a particular line item
to that licensee.'' (Exelon)
Response: With respect to 10 CFR part 171, it would be impractical
for the NRC
[[Page 32165]]
to provide a ``pointer,'' such as the budget string, since annual fees
are a recovery of remaining costs associated with the particular
business line budget reconciled to a fee class.
The fee rule and its supporting work papers are published so the
public and licensees can understand how fees are determined for a fee
class and a fee category. Consistent with the requirements of NEIMA,
annual fees are calculated by business lines, product lines, and
products based on the budget authority enacted for the current fiscal
year. The NRC provides those business lines, product lines, and
products in the fee rule work papers. The CBJ provides the agency
explanation and justification for the resources being requested for the
budget year, including increases and decreases, and the reason for
changes in the budget request for the agency as compared to the prior
year, at the business line and product line levels; it also includes
the prior year actual amounts at the business line and product line
levels.
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 NEIMA, the NRC must use
its IOAA authority first to collect 10 CFR part 170 service fees for
NRC work that provides specific benefits to identifiable recipients,
such as licensing activities, inspections, and special projects. In so
doing, the NRC establishes a professional hourly rate for its work. The
10 CFR part 170 direct work performed is included on the quarterly
invoice, which includes the CAC/EPID combination, charges, and the
name(s) of the person(s) conducting the activities associated with the
respective licensee fee class. With respect to 10 CFR part 170 service
fees, the NRC staff time spent on licensing and inspection activities
is subject to change, depending on the novelty and complexity of the
application (e.g., new licenses, renewals, amendments, special
projects) under review or the facility being inspected.
Because the NRC's fee recovery under the IOAA (10 CFR part 170)
will not equal 100 percent of the agency's total budget authority for
the fiscal year (less the budget authority for excluded activities),
the NRC also assesses annual fees under 10 CFR part 171 to recover the
remaining amount necessary to comply with NEIMA. Thus, providing a
``pointer'' for annual fees such as the budget string, as suggested by
the commenter, would be impractical.
At the same time, to increase transparency, the NRC first
incorporated a reconciliation of the FY 2020 CBJ resources by business
line to the associated fee class in the FY 2020 fee rule work papers so
that stakeholders can trace the CBJ business line budgets to the
resources recovered within each fee class budget by product line. The
FY 2021 fee rule work papers include the reconciliation of the FY 2021
CBJ to the respective fee class. The NRC continues to strive to enhance
transparency of how fees are determined.
No changes were made to the final rule as a result of this comment.
F. Public Participation in Budget Formulation
Comment: ``Exelon supports the comments of the Nuclear Energy
Institute on the FY 2021 Proposed Fee Rule. Given that there is no
formal way for stakeholders to provide input into the formulation of
the NRC's annual budget, Exelon encourages the NRC to consider these
comments as part of its next budget and fee formulation process. Exelon
respects the objective judgment that NRC exercises as an independent
safety regulator. However, Exelon encourages the NRC to seek ways to
improve its interactions with the regulated industry during budget
development, within the limits required to maintain NRC independence.''
(Exelon)
Response: The NRC seeks information from licensees and other
entities relevant to projected workload, through public meetings and
other forms of public outreach, to better inform the NRC's budget
formulation workload assumptions. This public outreach provides an
opportunity for the regulated industry to provide information to inform
the NRC budget. However, as noted in the comment, the NRC is an
independent regulator, and to preserve its independence the NRC does
not involve non-government organizations and members of the public in
budget formulation. In addition, OMB establishes the Executive Branch
budget process through OMB Circular No. A-11, ``Preparation,
Submission, and Execution of the Budget.'' Section 22.1 of OMB Circular
No. A-11 requires that pre-decisional budget deliberations remain
confidential until the release of the President's budget request (and,
in turn, the CBJ).
No changes were made to this final rule as a result of these
comments.
G. Small Entity
Comment: One commenter had comments regarding the NRC's small
entity size standards and that the NRC should consider establishing
lower licensing fees by creating one or more additional ranges between
the $520,000 and $7,000,000 gross annual receipts range. The commenter
stated that a fee rate schedule with more steps for small businesses
would help reduce the license fee burden on the smaller entities and
help small business concerns. (RE)
Response: To reduce the significance of the annual fees on a
substantial number of small entities, the NRC established the maximum
small entity fee in FY 1991. In FY 1992, the NRC introduced a second
lower tier to the small entity fee. Because the NRC's methodology for
small entity size standards has been approved by the SBA, the NRC did
not modify its current methodology for this rulemaking.
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 SBA.
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.
While the NRC staff recommended making inflation-related increases and
adjusting the methodology for consistency with SBA regulations, the
survey results did not suggest that the NRC should change its small
entity size standards. In the SRM for SECY-20-0111 (ADAMS Accession No.
ML21029A186), the Commission approved the staff's recommendation to
initiate a rulemaking to amend the NRC's small business size standards
in Sec. 2.810 and to comply with the Runway Act and related SBA
regulations and to reflect inflation adjustments, which will be part of
a separate rulemaking activity. Also, as part of that rulemaking
activity, analogous to the proposed inflation adjustment in Sec.
2.810, the NRC will be proposing to increase the upper tier and lower
tier receipts-based small entity size standards in Sec. 171.16(c).
The NRC is currently in the process of developing the proposed rule
for the small entity rulemaking activity. The NRC will continue to
include updates on this rulemaking activity in the Federal Register
notifications associated with 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
[[Page 32166]]
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.
No change was made to this final rule in response to this comment.
Comment: One commenter had questions regarding the categories of
licensees that can qualify as small entities, and the categories of
licensees whose average users' fees are used to determine the maximum
small entity fee. (Anonymous)
Response: In implementing the Regulatory Flexibility Act of 1980,
as amended, the NRC ultimately determined that it was appropriate for
the agency to establish its own size standards that were consistent
with the NRC's regulatory activities. The NRC classifies its small
business licensees by their use of nuclear materials since the NRC's
materials categories cover a mix of industries. The NRC's materials
licensees can use the size standards criteria to quality as a small
entity for a reduced annual fee. The NRC's industry specific size
standards were approved by the SBA.
License types that allow a licensee to be eligible to qualify as a
small entity and pay a reduced annual fee are listed under Sec.
171.16. These include materials licenses (i.e., 10 CFR parts 30, 40,
70, 71, and 76 licenses) and 10 CFR part 72 licenses. The prior two-
year weighted average of service fees for the qualifying fee categories
that have small entity licensees is used in the biennial adjustment of
the maximum small entity fee. Average service fees for types of
licenses (e.g., 10 CFR part 50 licenses) that do not allow a licensee
to be eligible to qualify as a small entity are not used in the
determination of small entity fees.
No change was made to this final rule in response to this comment.
H. Definition of Research Reactor Under Sec. 170.11, Sec. 171.11, and
NEIMA
Comment: ``NEIMA's exemption of a research reactor is a reactor
licensed under section 104c of the Atomic Energy Act of 1954. It does
not mention that it needs to be ``Federal-owned and State-Owned
research reactors used primarily for educational proposes.'' So any
Research Reactor licensed under 104c of the Atomic Energy Act of 1954
and meets the requirement of operations list should be except [sic]
from fees. 10 CFR 170.11 and 10 CFR 171.11 need to be changed to
reflect NEIMA definition of exempt. Having research and test reactors
exempt from both annual and performance fees would encourage private
investment as NEIMA was trying to do.'' (Anonymous)
Response: The NRC disagrees with this commenter's position that, in
order to be consistent with NEIMA, the NRC should change the definition
of ``research reactor'' in Sec. Sec. 170.11 and 171.11 to exempt from
fees all research reactors licensed under Section 104c. of the Atomic
Energy Act (AEA). First, NEIMA (in Section 102(b)(3)(D)(ii)) makes the
annual fee exemption applicable for ``federally owned research reactor
used primarily for educational training and academic research
purposes.'' In addition, the primary purpose of this rule is to update
the NRC's fee schedules to recover, to the maximum extent practicable,
approximately 100 percent of the NRC's total budget authority for the
current fiscal year, less the budget authority for excluded activities,
and to make other necessary corrections or appropriate changes to
specific aspects of the NRC's fee regulations in order to ensure
compliance with NEIMA.
The NRC has not proposed changing the definition of ``research
reactor,'' or the types of research reactors that are exempt (i.e.,
Federally-owned and State-owned research reactors used primarily for
educational training and academic research purposes) in the specific
exemptions in Sec. 170.11(a)(9) or Sec. 171.11(b)(2). The current
``research reactor'' definition in Sec. Sec. 170.11(a)(9) and
171.11(b)(2), and the types of research reactors that are exempt from
annual fees, stemmed from language in OBRA-90. NEIMA included
substantively similar fee exemption language for research reactors.
Changing the definition of ``research reactor'' in Sec. 170.11(a)(9)
or Sec. 171.11(b)(2), or the types of research reactors that are
exempt from fees pursuant to Sec. Sec. 170.11(a)(9) and 171.11(b)(2),
to include all research reactors licensed under Section 104c. of the
AEA would not be consistent with the exemption provision in NEIMA or
its predecessor in OBRA-90.
Section 106 of NEIMA, ``Encouraging private investment in research
and test reactors,'' pertains to the financial criteria used to
determine whether a utilization facility is licensed as a commercial
facility under Section 103 of the AEA, ``Commercial Licenses,'' or as a
research and development facility under paragraph c of Section 104,
``Medical Therapy and Research and Development,'' of the AEA. This
subject of this provision of NEIMA does not relate to fees and is
outside the scope of this final rule.
No change was made to this final rule in response to this comment.
I. Accurate Invoicing
Comment: ``What are the policies for fairness? We've disputed
invoices in the [past] because the NRC had already completed a task, we
had been shut down for years and there was no need for the NRC to
restudy, investigate or review the issue. Yet, we were told that the
charges were valid because the employee did indeed work the hours they
said on the project. Is it fair for us to have to pay for the same work
twice? We don't think so and the public would not think so. We can't
tell from our recent billings what activity within a project. For
example, an inspector or auditor comes out and visits. Then they go
back and write their report and ask RAI, etc. We only get total hours
worked on the project, not how much time it took them to write the
report, how much time did [they] work on specific items they are
reporting on. That would be useful information to us the licensee.''
(Anonymous)
Response: The NRC is firmly committed to the application of
fairness and equity in the assessment of fees. NEIMA requires the NRC
to establish a schedule of fees that fairly and equitably allocates
these fees among the NRC's licensees and certificate holders. As part
of this process, each year the NRC reassesses and publishes a proposed
rule and final rule of the revisions of the fee schedules for each
license fee class. As stated in the proposed rule, 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. 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 activities, inspections, and
special projects). Because the NRC's fee recovery under the IOAA for 10
CFR part 170 fees for service will not equal 100 percent of the
agency's total budget authority for the fiscal year (less the budget
authority for excluded activities), the NRC also assesses annual fees
under 10 CFR part 171 to recover the remaining amount necessary to
comply with NEIMA. In the FY 2021 proposed fee rule, each license fee
class includes the specific information to detail how the annual fees
are derived, such as the budgetary resources, and 10 CFR part 170
estimated billings for direct activities, specific adjustments, the
explanations for the changes, and the comparison to the prior fiscal
year in order to derive the 10 CFR part 171 annual fees.
Additionally, Section 102(d) of NEIMA required three sets of
actions
[[Page 32167]]
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.
For the first two sets of actions, the NRC developed and
implemented process improvements to ensure accurate invoicing, which
include, but is not limited to the following: (1) Implementing a
process to standardize the validation of fees to ensure that fee
billing data is correct before appearing on a licensee's invoice; (2)
redesigning the invoices to add clarity and transparency for its
stakeholders such as including the names of individual NRC staff and/or
contractor companies, if applicable, who had performed the work
associated with the charges; and (3) implementing a new data structure
to more effectively account for and track all billable work at the
project level with an EPID data element, which provides useful details
regarding the type of project or work that is being billed. Using this
data structure allows NRC licensees and other persons assessed service
fees to identify how many hours are being expended on each of the
various activities within a project.
For the third set of actions, as discussed in the proposed rule,
the NRC has developed and is implementing requirements for a standard
method for licensees and applicants to efficiently dispute or seek
review and correction of errors in invoices, which is illustrated in
the process map, ``NRC Form 529, Processing Dispute of Fees-For-Service
Charges'' (ADAMS Accession No. ML20311A159). Additionally, the NRC is
modifying its regulations related to accurate invoicing to clearly
outline the interactions between the submitter and the NRC and enhance
clarity regarding the dispute process by setting out: (1) The process
for submitting a fee dispute, (2) the stages of the decisionmaking
process while the dispute is under review, and (3) the manner by which
the NRC will notify a debtor after it makes a final determination on a
dispute.
Finally, regarding the commenter's specific comments on the
regulatory activities that the NRC has previously conducted and billed
to the commenter (e.g., inspection activities, reports, and requests
for additional information on projects), this is outside scope of this
final rule. If the commenter has specific questions regarding NRC
invoices and fees that have been assessed, the commenter can contact
the Office of the Chief Financial Officer via the eBilling system
support portal, 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.
No change was made to this final rule in response to this comment.
Comment: ``NRC Form 529 on page 2 has a list [of] 7 pre-conditions
that you must certify that you have done. One of them is I Certify that
the NRC Form 527 ``Request for Information Related to Fees-for-
Service'' was submitted and a response was received by my organization.
Who fills out the response? Do they know the details of the work the
person in dispute was performing? We've used NRC Form 527 in the past.
NRC Response did not answer the questions we had in the additional
disputed details. They just confirmed the information we already knew.
[They] confirmed that the employee did work on the project, but did not
detail what work they were doing.[ ] We've disputed bills in the past,
the process only confirmed that the employee spent the hours working on
the project so the charges are correct. The CFO refused to take into
account the benefit to the licensee and/or fairness of the charge to
the licensee. 45 days from initial demand letter (invoice) is not
enough time in some cases to determine if the invoice was correct,
provided the licensee with a benefit, or was fair for the licensee to
be charged. It should be 90 days from when the error became apparent
for the licensee to dispute the charge. For example, [i]f you don't
like the dispute resolution, what is the process for future review or
appeals outside of the NRC CFO office? '' (Anonymous)
Response: The NRC continues to strive to enhance the invoicing
process to ensure invoice accuracy and the availability of appropriate
processes for licensees to efficiently request a review or submit a
dispute for invoice errors. A licensee who requests additional
information related to NRC staff/contract costs associated with their
NRC invoice is responsible for completing all items on page 1 of the
NRC Form 527, except for the dedicated response section used by NRC
staff only (detailed instructions are provided on page 2 in addition to
a process map on page 3 of the form). After the licensee completely
fills out their required portions of the NRC Form 527, it should be
submitted to the Office of the Chief Financial Officer using one of the
three listed options on the form. Once the form is received, the Office
of the Chief Financial Officer will forward it to the appropriate EPID
contact who will provide the response. The NRC EPID contact will always
be the responsible point of contact who is fully knowledgeable of the
work performed and, therefore, the appropriate individual to provide a
response.
The NRC Form 529 contains a listing of seven pre-conditions that
all licensees must meet before submitting the form. These pre-
conditions ensure licensees have properly adhered to NRC's standard
dispute process which requires: (1) An initial submission of the NRC
Form 527 to request a formal review of the charges in question, and (2)
submission of the NRC Form 529 to officially request a dispute of the
charges after receiving the response provided on the NRC Form 527.
Currently, most of the NRC's licensees subject to 10 CFR part 170 fees
are registered in eBilling, which is a public-facing, web-based
application that provides immediate delivery of NRC invoices in
addition to the capability to view and analyze invoice details.
Therefore, it is strongly recommended that licensees not registered in
eBilling consider utilizing this electronic invoice platform, if they
have the capability to do so. However, consideration was given to the
current initial demand letter (invoice) 30-day policy, and the NRC is
amending Sec. 15.31 to allow licensees an additional 15 days to submit
a review request from the initial demand letter (invoice). The NRC
believes that 45 days from receiving an initial demand letter provides
enough time for all licensees to determine if an invoice is accurate.
Furthermore, upon submission of the NRC Form 529, the licensee must
certify they are submitting an official dispute request to the Office
of the Chief Financial Officer and agree that the final determination
of the status of the disputed debt decision rests solely with the NRC.
The NRC's response to a licensee's request submitted on the NRC Form
529 officially completes the agency's invoice dispute process.
Finally, regarding the commenter's specific comments on the
regulatory activities that the NRC has previously conducted and billed
to the commenter (e.g., inspection activities, reports, and requests
for additional information on
[[Page 32168]]
projects), this is outside of the scope of this final rule. If the
commenter has specific questions regarding NRC invoices and fees that
have been assessed, the commenter can contact the Office of the Chief
Financial Officer via the eBilling system support portal, 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.
No change was made to this final rule in response to this comment.
J. Comments on Matters Not Related to This Rulemaking
Several commenters raised issues outside the scope of the FY 2021
fee rule. Commenters raised concerns with the agency's budgeting
process and requested public participation on the agency's budget
formulation process. A few commenters requested expediting efficiency
efforts and engaging industry regarding additional efficiencies,
improvements and efficiencies in the review process for topical reports
to reduce the professional hourly rate for special project fees. These
matters are outside the scope of this final rule. The primary purpose
of the rule is to update the NRC's fee schedules to recover
approximately 100 percent of the NRC's total budget authority for the
current fiscal year, less the budget authority for excluded activities,
and to make other necessary corrections or appropriate changes to
specific aspects of the NRC's fee regulations in order to ensure
compliance with NEIMA.
The NRC understands the importance of examining and improving the
efficiency of its operations and the prioritization of its regulatory
activities. Accordingly, the NRC has undertaken, and continues to
undertake, a number of significant initiatives aimed at improving the
efficiency of NRC operations and enhancing the agency's approach to
regulating. Though comments raising these issues are not within the
scope of this final rule, the NRC will consider this input in its
future program operations.
V. 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 final rule. The regulatory flexibility analysis is
available as indicated in Section XIV, ``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).
---------------------------------------------------------------------------
VI. 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 final 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
final rule.
VII. Backfitting and Issue Finality
The NRC has determined that the backfit rule, Sec. 50.109, does
not apply to this final 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.
VIII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC 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).
IX. National Environmental Policy Act
The NRC has determined that this final 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 final rule.
X. Paperwork Reduction Act
This final rule does not contain a collection of information as
defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
and, therefore, is not subject to the requirements of the 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.
XI. Congressional Review Act
This final rule is a rule as defined in the Congressional Review
Act of 1996 (5 U.S.C. 801-808). The Office of Management and Budget has
found it to be a major rule as defined in the Congressional Review Act.
XII. 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 final rule, the NRC is
amending 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.
XIII. Availability of Guidance
The Small Business Regulatory Enforcement Fairness Act requires all
Federal agencies to prepare a written compliance guide for each rule
for which the agency is required by 5 U.S.C. 604 to prepare a
regulatory flexibility analysis. The NRC, in compliance with the law,
prepared the ``Small Entity Compliance Guide'' for the FY 2021 final
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 XIV, ``Availability of Documents,''
of this document.
XIV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
[[Page 32169]]
------------------------------------------------------------------------
Documents ADAMS Accession No./web link
------------------------------------------------------------------------
SECY-05-0164, ``Annual Fee Calculation ML052580332.
Method,'' dated September 15, 2005.
SECY-16-0097, ``Fee Setting Improvements ML16194A365.
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 for ML20104C055.
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 Final Rule Work Papers.......... ML21119A024.
FY 2021 Final Fee Rule.................. ML21109A319.
FY 2021 Regulatory Flexibility Analysis. ML21105A747.
FY 2021 U.S. Nuclear Regulatory ML21105A750.
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 Amend ML20268B327.
the Receipts-Based NRC Size
Standards,'' dated December 7, 2020.
SRM-SECY-20-0111, ``Rulemaking Plan to ML21029A189.
Amend the Receipts-Based NRC Size
Standards'' (NRC-2014-0264).
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 adopting
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.
(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.
* * * * *
[[Page 32170]]
(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 definition for ``Balance of plant'';
0
b. Add a definition for ``Non-power production or utilization
facility'' in alphabetical order; and
0
c. Remove the definitions for ``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 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.
* * * * *
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:
0
a. Revise the table heading and the entry for ``K. Import and export
licenses''; and
0
b. Remove footnote 6.
The revisions read as follows:
Sec. 170.21 Schedule of fees for production and utilization
facilities, review of standard referenced design approvals, special
projects, inspections and import and export licenses.
* * * * *
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 10,100
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 7,200
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..................
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.
[[Page 32171]]
* * * * *
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
of this chapter 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 facilities Full Cost.
\6\ [Program Code(s): 11500].
(c) Expanded In Situ Recovery Full Cost.
facilities \6\ [Program Code(s):
11510].
(d) In Situ Recovery Resin facilities Full Cost.
\6\ [Program Code(s): 11550].
(e) Resin Toll Milling facilities \6\ Full Cost.
[Program Code(s): 11555].
(f) Other facilities \6\ [Program Full Cost.
Code(s): 11700].
(3) Licenses that authorize the receipt Full Cost.
of byproduct material, as defined in
Section 11e.(2) of the Atomic Energy
Act, from other persons for possession
and disposal, except those licenses
subject to the fees in Category 2.A.(2)
or Category 2.A.(4) \6\ [Program
Code(s): 11600, 12000].
(4) Licenses that authorize the receipt Full Cost.
of byproduct material, as defined in
Section 11e.(2) of the Atomic Energy
Act, from other persons for possession
and disposal incidental to the disposal
of the uranium waste tailings generated
by the licensee's milling operations,
except those licenses subject to the
fees in Category 2.A.(2) \6\ [Program
Code(s): 12010].
B. Licenses which authorize the
possession, use, and/or installation of
source material for shielding.7 8.
Application [Program Code(s): 11210]. $1,300.
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].
[[Page 32172]]
(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.
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, 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].
[[Page 32173]]
(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): 03219, $9,200.
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 $800.
licensed under part 31 of this chapter.
Registration.
R. Possession of items or products
containing radium-226 identified in Sec.
31.12 of this chapter 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
Sec. 31.12(a)(4) or (5) of this
chapter 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 Sec.
31.12(a)(4) or (5) of this chapter.
Application [Program Code(s): $2,600.
02710].
S. Licenses for production of accelerator-
produced radionuclides.
Application [Program Code(s): 03210]. $14,700.
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.
[[Page 32174]]
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\
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.
[[Page 32175]]
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 Sec. 110.40(b) of this
chapter.
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 $10,100.
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 $7,200.
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 $4,900.
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.
Licenses issued under part 110 of this
chapter for the import and export only
of Category 1 and Category 2 quantities
of radioactive material listed in
appendix P to part 110 of this chapter
(fee categories 15.F. through 15.R.).
Category 1 (Appendix P, 10 CFR Part 110)
Exports:
F. Application for export of appendix P
Category 1 materials requiring
Commission review (e.g. exceptional
circumstance review under Sec.
110.42(e)(4) of this chapter) 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 Sec.
110.42(e)(4) of this chapter).
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 $4,300.
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 $1,400.
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.
[[Page 32176]]
16. Reciprocity:
Agreement State licensees who conduct
activities under the reciprocity
provisions of Sec. 150.20 of this
chapter.
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:
(1) 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.
(i) 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.
(ii) 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.
(2) 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).
(3) 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.
(4) 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).
(5) Generally licensed device registrations under 10 CFR 31.5.
Submittals of registration information must be accompanied by the
prescribed fee.
\2\ Fees will be charged for approvals issued under a specific exemption
provision of the Commission's regulations under title 10 of the Code
of Federal Regulations (e.g., 10 CFR 30.11, 40.14, 70.14, 73.5, and
any other sections in effect now or in the future), regardless of
whether the approval is in the form of a license amendment, letter of
approval, safety evaluation report, or other form. In addition to the
fee shown, an applicant may be assessed an additional fee for sealed
source and device evaluations as shown in fee categories 9.A. through
9.D.
\3\ Full cost fees will be determined based on the professional staff
time multiplied by the appropriate professional hourly rate
established in Sec. 170.20 in effect when the service is provided,
and the appropriate contractual support services expended.
\4\ Licensees paying fees under categories 1.A., 1.B., and 1.E. are not
subject to fees under categories 1.C., 1.D. and 1.F. for sealed
sources authorized in the same license, except for an application that
deals only with the sealed sources authorized by the license.
\5\ Persons who possess radium sources that are used for operational
purposes in another fee category are not also subject to the fees in
this category. (This exception does not apply if the radium sources
are possessed for storage only.)
\6\ Licensees subject to fees under fee categories 1.A., 1.B., 1.E., or
2.A. must pay the largest applicable fee and are not subject to
additional fees listed in this table.
\7\ Licensees paying fees under 3.C., 3.C.1, or 3.C.2 are not subject to
fees under 2.B. for possession and shielding authorized on the same
license.
\8\ Licensees paying fees under 7.C. are not subject to fees under 2.B.
for possession and shielding authorized on the same license.
\9\Licensees paying fees under 3.N. are not subject to paying fees under
3.P., 3.P.1, or 3.P.2 for calibration or leak testing services
authorized on the same license.
\10\ Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject
to paying fees under 7.C., 7.C.1, or 7.C.2. for broad scope licenses
issued under parts 30, 35, 40, and 70 of this chapter for human use of
byproduct material, source material, and/or special nuclear material,
except licenses for byproduct material, source material, or special
nuclear material in sealed sources contained in teletherapy devices
authorized on the same license.
\11\ A materials license (or part of a materials license) that
transitions to fee category 14.A is assessed full-cost fees under 10
CFR part 170, but is not assessed an annual fee under 10 CFR part 171.
If only part of a materials license is transitioned to fee category
14.A, the licensee may be charged annual fees (and any applicable 10
CFR part 170 fees) for other activities authorized under the license
that are not in decommissioning status.
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.
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 10 CFR part 50 that has provided notification to the
Nuclear Regulatory Commission (NRC) that the licensee has successfully
completed startup testing, and to any
[[Page 32177]]
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 an
appropriation, 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 the
NRC's 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 and paragraphs (a), (b)(1), (b)(2)
introductory text, (c)(1), and (c)(2) introductory text;
0
b. Remove paragraph (d);
0
c. Redesignate paragraphs (e) and (f) as paragraphs (d) and (e); and
0
d. Revise newly redesignated paragraphs (d) and (e).
The revisions 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 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 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 $4,749,000.
(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 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 $237,000.
(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.
----------------------------------------------------------------------------------------------------------------
[[Page 32178]]
(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 the power reactor base annual fee and the 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 $80,000.
0
17. In Sec. 171.16:
0
a. Revise paragraphs (c) and (d); and
0
b. 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 this paragraph (c). Failure to file a small entity certification in
a timely manner could result in the receipt of a delinquent invoice
requesting the outstanding balance due and/or denial of any refund that
might otherwise be due. The small entity fees are as follows:
Table 1 to Paragraph (c)
------------------------------------------------------------------------
Maximum annual
fee per
NRC small entity classification licensed
category
------------------------------------------------------------------------
Small Businesses Not Engaged in Manufacturing (Average
gross receipts over last 3 completed fiscal years):
$485,000 to $7 million.............................. $4,900
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 this paragraph (d):
Table 2 to Paragraph (d)--Schedule of Materials Annual Fees and Fees for
Government Agencies Licensed by NRC
[See footnotes at end of table]
------------------------------------------------------------------------
Annual fees 1
Category of materials licenses 2 3
------------------------------------------------------------------------
1. Special nuclear material:
A. (1) Licenses for possession and use of U-235 or
plutonium for fuel fabrication activities.
(a) Strategic Special Nuclear Material (High $4,643,000
Enriched Uranium) \15\ [Program Code(s): 21213]
(b) Low Enriched Uranium in Dispersible Form $1,573,000
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\ $1,037,000
[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 $2,023,000
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:
[[Page 32179]]
A. (1) Licenses for possession and use of source $467,000
material for refining uranium mill concentrates to
uranium hexafluoride or for deconverting uranium
hexafluoride in the production of uranium oxides
for disposal.\15\ [Program Code: 11400]............
(2) Licenses for possession and use of source
material in recovery operations such as milling, in-
situ recovery, heap-leaching, ore buying stations,
ion-exchange facilities and in-processing of ores
containing source material for extraction of metals
other than uranium or thorium, including licenses
authorizing the possession of byproduct waste
material (tailings) from source material recovery
operations, as well as licenses authorizing the
possession and maintenance of a facility in a
standby mode.......................................
(a) Conventional and Heap Leach facilities.\15\ N/A
[Program Code(s): 11100].......................
(b) Basic In Situ Recovery facilities.\15\ $47,200
[Program Code(s): 11500].......................
(c) Expanded In Situ Recovery facilities \15\ N/A
[Program Code(s): 11510].......................
(d) In Situ Recovery Resin facilities.\15\ \5\ N/A
[Program Code(s): 11550].......................
(e) Resin Toll Milling facilities.\15\ [Program \5\ N/A
Code(s): 11555]................................
(f) Other facilities \6\ [Program Code(s): \5\ N/A
11700].........................................
(3) Licenses that authorize the receipt of byproduct \5\ N/A
material, as defined in Section 11e.(2) of the
Atomic Energy Act, from other persons for
possession and disposal, except those licenses
subject to the fees in Category 2.A.(2) or Category
2.A.(4).\15\ [Program Code(s): 11600, 12000].......
(4) Licenses that authorize the receipt of byproduct N/A
material, as defined in Section 11e.(2) of the
Atomic Energy Act, from other persons for
possession and disposal incidental to the disposal
of the uranium waste tailings generated by the
licensee's milling operations, except those
licenses subject to the fees in Category
2.A.(2).\15\ [Program Code(s): 12010]..............
B. Licenses which authorize the possession, use, and/ $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 $27,400
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 $36,400
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):
04010, 04012, 04014]...........................
(2). Licenses of broad scope for the possession $45,500
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 $9,600
byproduct material issued under part 30 of this
chapter for processing or manufacturing of items
containing byproduct material for commercial
distribution. Number of locations of use: 1-5.
[Program Code(s): 03214, 03215, 22135, 22162]......
(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]..................................
(2). Other licenses for possession and use of $15,800
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) of this chapter. Number of locations
of use: 1-5. [Program Code(s): 02500, 02511, 02513]
(1). Licenses issued under Sec. Sec. 32.72 $12,000
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 $16,200
and/or 32.74 of this chapter that authorize the
processing or manufacturing and distribution or
redistribution of radiopharmaceuticals,
generators, reagent kits, and/or sources and
devices containing byproduct material. This
category does not apply to licenses issued to
nonprofit educational institutions whose
processing or manufacturing is exempt under
Sec. 170.11(a)(4). Number of locations of
use: more than 20. [Program Code(s): 04211,
04213, 04215]..................................
D. [Reserved]....................................... \5\ N/A
E. Licenses for possession and use of byproduct $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]......................................
[[Page 32180]]
F. Licenses for possession and use of less than or $8,900
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 $72,100
10,000 curies of byproduct material in sealed
sources for irradiation of materials in which the
source is exposed for irradiation purposes. This
category also includes underwater irradiators for
irradiation of materials in which the source is not
exposed for irradiation purposes [Program Code(s):
03521].............................................
H. Licenses issued under subpart A of part 32 of $8,700
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 $17,400
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,
03253, 03256]......................................
J. Licenses issued under subpart B of part 32 of $3,600
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 $2,700
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 $16,600
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 $20,700
use of byproduct material issued under parts 30
and 33 of this chapter for research and
development that do not authorize commercial
distribution. Number of locations of use: More
than 20. [Program Code(s): 04611, 04613, 04615,
04617, 04619, 04621, 04623]....................
M. Other licenses for possession and use of $13,400
byproduct material issued under part 30 of this
chapter for research and development that do not
authorize commercial distribution [Program Code(s):
03620].............................................
N. Licenses that authorize services for other $15,200
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 $29,100
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 $38,700
byproduct material issued under part 34 of this
chapter for industrial radiography operations.
This category also includes the possession and
use of source material for shielding authorized
under part 40 of this chapter when authorized
on the same license. Number of locations of
use: 6-20. [Program Code(s): 04310, 04312].....
(2). Licenses for possession and use of $48,600
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, $9,900
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 $13,100
licenses, except those in Categories 4.A.
through 9.D.\18\ Number of locations of use: 6-
20. [Program Code(s): 04410, 04412, 04414,
04416, 04418, 04420, 04422, 04424, 04426,
04428, 04430, 04432, 04434, 04436, 04438]......
(2). All other specific byproduct material $16,300
licenses, except those in Categories 4.A.
through 9.D.\18\ Number of locations of use:
More than 20. [Program Code(s): 04411, 04413,
04415, 04417, 04419, 04421, 04423, 04425,
04427, 04429, 04431, 04433, 04435, 04437,
04439].........................................
Q. Registration of devices generally licensed under \13\ N/A
part 31 of this chapter............................
R. Possession of items or products containing radium-
226 identified in Sec. 31.12 of this chapter
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 Sec.
31.12(a)(4), or (5) of this chapter 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 Sec.
31.12(a)(4) or (5) of this chapter [Program
Code(s): 02710]................................
S. Licenses for production of accelerator-produced $23,800
radionuclides [Program Code(s): 03210].............
4. Waste disposal and processing:
[[Page 32181]]
A. Licenses specifically authorizing the receipt of $22,500
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, 03236, 06100, 06101]........................
B. Licenses specifically authorizing the receipt of $15,800
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 $12,500
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 $28,100
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 $27,100
this chapter for human use of byproduct material,
source material, or special nuclear material in
sealed sources contained in gamma stereotactic
radiosurgery units, teletherapy devices, or similar
beam therapy devices. This category also includes
the possession and use of source material for
shielding when authorized on the same license.\9\
Number of locations of use: 1-5. [Program Code(s):
02300, 02310]......................................
(1). Licenses issued under parts 30, 35, 40, and $36,100
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 $45,200
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 $37,000
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: 1-5. [Program Code(s): 02110]....
(1). Licenses of broad scope issued to medical $49,300
institutions or two or more physicians under
parts 30, 33, 35, 40, and 70 of this chapter
authorizing research and development, including
human use of byproduct material, except
licenses for byproduct material, source
material, or special nuclear material in sealed
sources contained in teletherapy devices. This
category also includes the possession and use
of source material for shielding when
authorized on the same license.\9\ Number of
locations of use: 6-20. [Program Code(s):
04710].........................................
(2). Licenses of broad scope issued to medical $61,500
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 $16,800
70 of this chapter for human use of byproduct
material, source material, and/or special nuclear
material, except licenses for byproduct material,
source material, or special nuclear material in
sealed sources contained in teletherapy devices.
This category also includes the possession and use
of source material for shielding when authorized on
the same license.9 19 Number of locations of use:
1[dash]5. [Program Code(s): 02120, 02121, 02200,
02201, 02210, 02220, 02230, 02231, 02240, 22160]...
(1). Other licenses issued under parts 30, 35, $16,900
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, $20,900
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:
[[Page 32182]]
A. Registrations issued for the safety evaluation of $17,900
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 $9,300
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\
air packages...................................
2. Other Casks.................................. \6\
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
Sec. 72.210 of this chapter......................
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 $340,000
Government agencies.\15\ [Program Code(s): 03614]......
18. Department of Energy:
A. Certificates of Compliance....................... \10\
$1,354,000
B. Uranium Mill Tailings Radiation Control Act $117,000
(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.
\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 part 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.
[[Page 32183]]
\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 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 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.
Dated: June 9, 2021.
For the Nuclear Regulatory Commission.
Cherish K. Johnson,
Chief Financial Officer.
[FR Doc. 2021-12546 Filed 6-15-21; 8:45 am]
BILLING CODE 7590-01-P