[Federal Register Volume 89, Number 119 (Thursday, June 20, 2024)]
[Rules and Regulations]
[Pages 51789-51822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13230]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 119 / Thursday, June 20, 2024 / Rules
and Regulations
[[Page 51789]]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2, 15, 37, 73, 110, 140, 170 and 171
[NRC-2022-0046]
RIN 3150-AK74
Fee Schedules; Fee Recovery for Fiscal Year 2024
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 comply with
the Nuclear Energy Innovation and Modernization Act, which 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.
DATES: This final rule is effective on August 19, 2024.
ADDRESSES: Please refer to Docket ID NRC-2022-0046 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-2022-0046. 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 or 301-415-4737,
or by email to [email protected]. For the convenience of the reader,
the ADAMS accession numbers are provided in the ``Availability of
Documents'' section of this document.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
For additional direction on obtaining information, see ``Obtaining
Information and Submitting Comments'' in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: Anthony Rossi, Office of the Chief
Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-7341; email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents:
I. 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
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) the Nuclear Energy Innovation and Modernization Act
(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 (IG)
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 fiscal year (FY)
2024, in addition to the fee-relief activities identified by the
Commission in prior fee rules, the resources for the Minority Serving
Institutions Grant Program are also identified as a fee-relief activity
to be excluded from the fee recovery requirement (see Table 1,
``Excluded Activities,'' of this document for the list of all excluded
activities).
Under NEIMA, the NRC must use its IOAA authority first to collect
service fees for NRC work that provides specific benefits to
identifiable recipients (such as licensing work, inspections, and
special projects). The NRC's regulations in part 170 of title 10 of the
Code of Federal Regulations (10 CFR), ``Fees for Facilities, Materials,
Import and Export Licenses, and Other Regulatory Services Under the
Atomic Energy Act of 1954, as Amended,'' explain how the agency
collects service fees from specific beneficiaries. Because the NRC's
fee recovery under the IOAA (10 CFR part 170) will not equal 100
percent of the agency's total budget authority for the FY (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.
II. Discussion
FY 2024 Fee Collection--Overview
The NRC is issuing this FY 2024 final fee rule based on the
Consolidated
[[Page 51790]]
Appropriations Act, 2024 (the enacted budget). The final fee rule
reflects a total budget authority in the amount of $944.1 million, an
increase of $16.9 million from FY 2023.
As explained previously, certain portions of the NRC's total budget
authority are excluded from NEIMA's fee recovery requirement under
section 102(b)(1)(B) of NEIMA. Based on the enacted budget, these
exclusions total $137.1 million, which is a decrease of $18.9 million
from the FY 2024 budget request, and an increase of $0.1 million from
FY 2023. These excluded activities consist of $96.8 million for fee-
relief activities, $23.8 million for advanced reactor regulatory
infrastructure activities, $14.0 million for generic homeland security
activities, $1.0 million for waste incidental to reprocessing
activities, and $1.5 million for IG services for the Defense Nuclear
Facilities Safety Board. Table I summarizes the excluded activities for
the FY 2024 final fee rule. The FY 2023 amounts are provided for
comparison purposes.
Table I--Excluded Activities
[Dollars in millions]
------------------------------------------------------------------------
FY 2023 final FY 2024 final
rule rule
------------------------------------------------------------------------
Fee-Relief Activities:
International activities............ 28.8 31.1
Agreement State oversight........... 11.9 12.5
Medical isotope production 3.5 1.5
infrastructure.....................
Fee exemption for nonprofit 13.5 17.7
educational institutions...........
Costs not recovered from small 8.9 10.5
entities under 10 CFR 171.16(c)....
Regulatory support to Agreement 14.2 12.0
States.............................
Generic decommissioning/reclamation 12.5 2.7
activities (not related to the
operating power reactors and spent
fuel storage fee classes)..........
Uranium recovery program and 2.7 5.3
unregistered general licensees.....
Potential Department of Defense 0.9 0.8
remediation program Memorandum of
Understanding activities...........
Non-military radium sites........... 0.2 0.2
Minority Serving Institutions Grant N/A 2.5
Program............................
-------------------------------
Subtotal Fee-Relief Activities.. 97.1 96.8
Activities under section 16.1 16.5
102(b)(1)(B)(ii) of NEIMA (Generic
Homeland Security activities, Waste
Incidental to Reprocessing activities,
and the Defense Nuclear Facilities
Safety Board)..........................
Advanced reactor regulatory 23.8 23.8
infrastructure activities..............
-------------------------------
Total Excluded Activities....... 137.0 137.1
------------------------------------------------------------------------
After accounting for the exclusions from the fee recovery
requirement and net billing adjustments (i.e., for FY 2024 invoices
that the NRC estimates will not be paid during the FY, less payments
received in FY 2024 for prior-year invoices), the NRC must recover
approximately $808.3 million in fees in FY 2024. Of this amount, the
NRC estimates that $202.2 million will be recovered through 10 CFR part
170 service fees and approximately $606.1 million will be recovered
through 10 CFR part 171 annual fees. Table II summarizes the fee
recovery amounts for the FY 2024 final fee rule using the FY 2024
enacted budget and takes into account the budget authority for excluded
activities and net billing adjustments. For all information presented
in this final rule, individual values may not sum to totals due to
rounding. Please see the work papers, available as indicated in the
``Availability of Documents'' section of this document, for more
precise amounts.
In FY 2024, the explanatory statement associated with the
Consolidated Appropriations Act, 2024 included direction for the NRC to
use $62.0 million of prior-year unobligated balances (carryover). The
explanatory statement allocates $16.0 million for the University
Nuclear Leadership Program (UNLP), and consistent with language in the
Senate Report, the UNLP is funded in FY 2024 using carryover. The
direction to use the $62.0 million in carryover also reflects the $27.1
million proposed in the FY 2024 budget request to offset the Nuclear
Reactor Safety budget and an additional $18.9 million in carryover,
which offsets the $18.9 million reduction in the estimated net budget
authority specified in the Consolidated Appropriations Act, 2024, for
the NRC's ``Salaries and Expenses'' account. Consistent with the
requirements of NEIMA, the NRC does not assess fees in the current
fiscal year for any carryover because fees are calculated based on the
budget authority enacted for the current fiscal year. Fees were already
assessed in the fiscal year in which the carryover was appropriated.
The FY 2023 amounts are provided for comparison purposes.
Table II--Budget and Fee Recovery Amounts
[Dollars in millions]
------------------------------------------------------------------------
FY 2023 final FY 2024 final
rule rule
------------------------------------------------------------------------
Total Budget Authority.................. $927.2 $944.1
Less Budget Authority for Excluded -137.0 -137.1
Activities:............................
Balance............................. 790.2 807.0
Fee Recovery Percent.................... 100.0 100.0
Total Amount to be Recovered:........... 790.2 807.0
Less Estimated Amount to be -195.0 -202.2
Recovered through 10 CFR part 170
Fees...............................
[[Page 51791]]
Estimated Amount to be Recovered 595.2 604.8
through 10 CFR part 171 Fees.......
10 CFR part 171 Billing Adjustments:
Unpaid Current Year Invoices 3.7 4.3
(estimated)........................
Less Payments Received in Current -3.3 -3.0
Year for Previous Year Invoices
(estimated)........................
Adjusted 10 CFR part 171 Annual Fee 595.6 606.1
Collections Required...............
Adjusted Amount to be Recovered through 790.6 808.3
10 CFR parts 170 and 171 Fees..........
------------------------------------------------------------------------
FY 2024 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,
``Schedule of fees for production and utilization facilities, review of
standard referenced design approvals, special projects, inspections and
import and export licenses,'' and 170.31, ``Schedule of fees for
materials licenses and other regulatory services, including
inspections, and import and export licenses.'' 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 IG). 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 billed to licensees separately. The following
shows the professional hourly rate calculation:
[GRAPHIC] [TIFF OMITTED] TR20JN24.003
For FY 2024, the NRC is increasing the professional hourly rate
from $300 to $317. The approximately 5.7 percent increase in the
professional hourly rate is primarily due to an increase in the total
budgeted resources of approximately $39.4 million. The increase in
budgeted resources is primarily due to the following: (1) an increase
in mission-direct FTE; and (2) an increase in the fully-costed FTE rate
compared to FY 2023 due to an increase in salaries and benefits to
support Federal pay raises for NRC employees.
In addition, the NRC anticipates an increase in mission-direct FTE
to support the increase in licensing and decommissioning activities.
This anticipated increase in the number of mission-direct FTE compared
to FY 2023 partially offsets the increase in the professional hourly
rate caused by the overall increase in budgeted resources. The
professional hourly rate is inversely related to the mission-direct FTE
amount; therefore, as the number of mission-direct FTE increase, the
professional hourly rate may decrease. Based on the FY 2024 enacted
budget, the number of mission-direct FTE is expected to increase by
approximately 48, primarily to support the following: (1) the review of
new reactor licensing activities, including the review of standard
design approvals, pre-application activities, and construction permits;
(2) licensing and oversight activities for the reactor decommissioning
program, which includes both power and non-power reactors in various
stages of decommissioning; (3) the review of licensing actions related
to enrichment and manufacturing of high assay low-enrichment uranium
(HALEU) fuel and accident tolerant fuel (ATF); and (4) the review of
one new fuel facility license application.
The FY 2024 estimate for annual mission-direct FTE productive hours
is 1,500 hours, which is a decrease from 1,551 hours in FY 2023. This
estimate reflects the average number of hours that a mission-direct
employee spends on mission-direct work annually. 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 2023
amounts are provided for comparison purposes.
Table III--Professional Hourly Rate Calculation
[Dollars in millions, except as noted]
------------------------------------------------------------------------
FY 2023 final FY 2024 final
rule rule
------------------------------------------------------------------------
Mission-Direct Program Salaries & $359.2 $384.4
Benefits...............................
Mission-Indirect Program Support........ 118.8 118.9
Agency Support (Corporate Support and 299.5 313.6
the IG)................................
-------------------------------
Subtotal............................ 777.5 816.9
Less Offsetting Receipts \1\............ 0.0 0.0
-------------------------------
[[Page 51792]]
Total Budgeted Resources Included in 777.5 816.9
Professional Hourly Rate...........
Mission-Direct FTE...................... 1,672.2 1,720.3
Annual Mission-Direct FTE Productive 1,551 1,500
Hours (Whole numbers)..................
Mission-Direct FTE Converted to Hours 2,593,582 2,580,450
(Mission-Direct FTE multiplied by
Annual Mission-Direct FTE Productive
Hours).................................
Professional Hourly Rate (Total Budgeted 300 317
Resources Included in Professional
Hourly Rate Divided by Mission-Direct
FTE Converted to Hours) (Whole Numbers)
------------------------------------------------------------------------
FY 2024 Fee Collection--Flat Application Fee Changes
---------------------------------------------------------------------------
\1\ 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 OMB
Circular A-25, ``User Charges.'' The budgeted resources for FOIA
activities are allocated under the product for Information Services
within the Corporate Support business line. The budgeted resources
for indemnity activities are allocated under the Licensing Actions
and Research and Test Reactors products within the Operating
Reactors business line.
---------------------------------------------------------------------------
The NRC is amending the flat application fees it charges in its
schedule of fees in Sec. 170.31 to reflect the revised professional
hourly rate of $317. 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 2024. As part
of its calculations, the NRC analyzes the actual hours spent performing
licensing actions and estimates the five-year average of professional
staff hours that are needed to process licensing actions as part of its
biennial review of fees. These actions are required by section 205(a)
of the Chief Financial Officers Act of 1990 (31 U.S.C. 902(a)(8)). The
NRC performed this review for the FY 2023 proposed fee rule and will
perform this review again for the FY 2025 proposed fee rule. The higher
professional hourly rate of $317 is the primary reason for the increase
in flat application fees (see the work papers).
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
minimal effects due to rounding. 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 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 2024 final fee rule will be subject
to the revised fees in the final rule. Since international activities
are excluded from the fee recovery requirement, fees are not assessed
for import and export licensing actions under 10 CFR parts 170 and 171.
FY 2024 Fee Collection--Low-Level Waste Surcharge
The NRC is assessing a generic low-level waste (LLW) surcharge of
$3.769 million. Disposal of LLW occurs at commercially-operated LLW
disposal facilities that are licensed by either the NRC or an Agreement
State. Four existing LLW disposal facilities in the United States
accept various types of LLW. All are located in Agreement States and,
therefore, are regulated by an Agreement State, rather than the NRC.
The NRC allocates this surcharge to its licensees based on data
available in the U.S. Department of Energy's (DOE) Manifest Information
Management System (MIMS). 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.
The LLW surcharge amounts have changed since publication of the
proposed fee rule. The DOE updated MIMS with 2024 data; because of the
update, the LLW surcharge for the operating power reactors fee class
decreased from 3.496 million to 3.204 million; the LLW surcharged
increased from 0.418 million to 0.449 million for the fuel facilities
fee class; and the LLW surcharge increased from $0.109 million to
$0.117 million for the materials users fee class compared to the FY
2023 final fee rule.
Table IV shows the allocation of the LLW surcharge and its
allocation across the various fee classes.
Table IV--Allocation of LLW Surcharge, FY 2024
[Dollars in millions]
------------------------------------------------------------------------
LLW surcharge
Fee classes -------------------------------
Percent $
------------------------------------------------------------------------
Operating Power Reactors................ 85.0 3.204
Spent Fuel Storage/Reactor 0.0 0.000
Decommissioning........................
Non-Power Production or Utilization 0.0 0.000
Facilities.............................
Fuel Facilities......................... 11.9 0.449
Materials Users......................... 3.1 0.117
[[Page 51793]]
Transportation.......................... 0.0 0.000
Rare Earth Facilities................... 0.0 0.000
Uranium Recovery........................ 0.0 0.000
-------------------------------
Total............................... 100.0 3.769
------------------------------------------------------------------------
FY 2024 Fee Collection--Revised Annual Fees
In accordance with SECY-05-0164, ``Annual Fee Calculation Method,''
the NRC rebaselines its annual fees every year. ``Rebaselining''
entails analyzing the budget in detail and then allocating the FY 2024
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 FY 2024 enacted budget less
the budget authority for excluded activities, the estimated amount to
be recovered through 10 CFR part 170 fees. The FY 2024 final fee rule
reflects the utilization of $27.1 million in carryover to offset the
Nuclear Reactor Safety budget.
Table V shows the rebaselined fees for FY 2024 for a sample of
licensee categories. The FY 2023 amounts are provided for comparison
purposes.
Table V--Rebaselined Annual Fees
[Actual dollars]
----------------------------------------------------------------------------------------------------------------
FY 2023 final FY 2024 final
Class/category of licenses annual fee annual fee
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors................................................ $5,492,000 $5,336,000
+ Spent Fuel Storage/Reactor Decommissioning............................ 261,000 326,000
---------------------------------------
Total, Combined Fee................................................. 5,753,000 5,662,000
Spent Fuel Storage/Reactor Decommissioning.............................. 261,000 326,000
Non-Power Production or Utilization Facilities.......................... 96,300 97,200
High Enriched Uranium Fuel Facility (Category 1.A.(1)(a))............... 5,156,000 6,412,000
Low Enriched Uranium Fuel Facility (Category 1.A.(1)(b))................ 1,747,000 2,173,000
Uranium Enrichment (Category 1.E)....................................... 2,247,000 2,794,000
UF6 Conversion and Deconversion Facility (Category 2.A.(1))............. 1,095,000 1,361,000
Basic In Situ Recovery Facilities (Category 2.A.(2)(b))................. 52,200 53,200
Typical Users:
Radiographers (Category 3O)......................................... 37,900 43,700
All Other Specific Byproduct Material Licensees (Category 3P)....... 12,300 14,600
Medical Other (Category 7C)......................................... 18,000 21,400
Device/Product Safety Evaluation--Broad (Category 9A)............... 24,100 29,800
----------------------------------------------------------------------------------------------------------------
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 $501.6 million in annual fees from the
operating power reactors fee class in FY 2024, as shown in Table VI.
The FY 2023 operating power reactors fees are shown for comparison
purposes.
Table VI--Annual Fee Summary Calculations for Operating Power Reactors
[Dollars in millions]
------------------------------------------------------------------------
FY 2023 final FY 2024 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $665.3 $665.0
Less estimated 10 CFR part 170 receipts. -158.9 -168.3
-------------------------------
Net 10 CFR part 171 resources....... 506.4 496.7
Allocated generic transportation........ 0.5 0.7
Allocated LLW surcharge................. 3.5 3.2
Billing adjustment...................... 0.3 1.1
-------------------------------
Total required annual fee recovery.. 510.7 501.6
[[Page 51794]]
Total operating reactors............ 93 94
Annual fee per operating reactor........ $5.492 $5.336
------------------------------------------------------------------------
In comparison to FY 2023, the FY 2024 annual fee for the operating
power reactors fee class is decreasing primarily due to the following:
(1) an anticipated increase in 10 CFR part 170 estimated billings; (2)
an increase in the total number of operating power reactors from 93 to
94; and (3) a reduction in the budgeted resources primarily due to the
utilization of $27.1 million in carryover to offset the Nuclear Reactor
Safety budget. As discussed further below, the utilization of carryover
mitigates the increase in the budgeted resources for the operating
power reactors fee class. The decrease in the annual fee for the
operating power reactors fee class is partially offset due to the
following: (1) an increase in the 10 CFR part 171 billing adjustment;
and (2) an increase in the generic transportation surcharge.
The 10 CFR part 170 estimated billings increased primarily due to
the following: (1) an anticipated increase in hours associated with the
review of an increasing number of license renewal applications; and (2)
an anticipated increase in new reactor licensing activities, including
the review of standard design approvals, pre-application activities,
and construction permits. This increase is partially offset by an
expected decline in the submission of topical reports. As explained
above, because the NRC's fee recovery under 10 CFR part 170 will not
equal approximately 100 percent of the agency's budget authority for
the fiscal year, the NRC also assesses 10 CFR part 171 annual fees.
Estimated 10 CFR part 170 billings, therefore, are inversely related to
the projected annual fee for a fee class. The more the NRC estimates to
collect in 10 CFR part 170 billings, the less it assesses to collect in
annual fees.
The decrease in the budgeted resources for the operating power
reactors fee class is primarily due to the following: (1) the
utilization of $27.1 million in carryover to offset the Nuclear Reactor
Safety budget; (2) an expected decline in topical report submissions,
guidance development, and process improvement activities; (3) a
reduction in construction inspection activities due to the transition
of the Vogtle Electric Generating Plant (Vogtle Unit 3) and the
transition of Vogtle Unit 4 from construction into operation; and (4) a
reduction in rulemaking activities. The decrease in the budgeted
resources is offset by an increase primarily due to the following: (1)
an increase to support new reactor licensing activities, including the
review of standard design approvals, pre-application activities, and
construction permits; (2) an increase to support the review of license
renewal applications; and (3) an increase in the fully-costed FTE rate
compared to FY 2023 due to an increase in salaries and benefits.
The annual fee is also affected by: (1) an increase in the 10 CFR
part 171 billing adjustment due to the timing of invoices issued in FY
2023; and (2) an increase in the generic transportation surcharge due
to an increase in the overall budgeted resources for certificates of
compliance (CoCs) for the operating power reactors fee class.
The fee-recoverable budgeted resources are divided equally among
the 94 licensed operating power reactors, an increase of one operating
power reactor compared to FY 2023 due the assessment of annual fees for
Vogtle Unit 4, resulting in an annual fee of $5,336,000 per operating
power reactor. Additionally, each licensed operating power reactor will
be assessed the FY 2024 spent fuel storage/reactor decommissioning
annual fee of $326,000 (see Table VII and the discussion that follows).
The combined FY 2024 annual fee for each operating power reactor will
be $5,662,000.
Section 102(b)(3)(B)(i) of NEIMA established a 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. The NRC included an
estimate of the operating power reactors fee class annual fee in
Appendix C, ``Estimated Operating Power Reactors Annual Fee,'' of the
FY 2024 Congressional Budget Justification (CBJ) to increase
transparency for stakeholders. The NRC developed this estimate based on
the allocation of the FY 2024 CBJ to fee classes under 10 CFR part 170,
and allocations within the operating power reactors fee class under 10
CFR part 171. The fee estimate included in the FY 2024 CBJ assumed 94
operating power reactors in FY 2024 and applied various data
assumptions from the FY 2022 final fee rule. Based on these allocations
and assumptions, the operating power reactors fee class annual fee
included in the FY 2024 CBJ was estimated to be $5.3 million,
approximately $0.6 million below the FY 2015 operating power reactors
annual fee amount adjusted for inflation of $5.9 million. The
assumptions made between budget formulation and the development of this
final rule have changed. The FY 2024 annual fee of $5,336,000
nonetheless remains below the FY 2015 operating power reactors fee
class annual fee amount, as adjusted for inflation.
In FY 2016, the NRC amended Sec. 171.15 to establish a variable
annual fee structure for light-water reactor (LWR) small modular
reactors (SMRs) (81 FR 32617; May 24, 2016). In FY 2023, the NRC
further amended Sec. 171.5 to: (1) expand the applicability of the SMR
variable fee structure to include non-LWR SMRs; and (2) establish an
additional minimum fee and variable rate applicable to SMRs with a
licensed thermal power rating of less than or equal to 250 megawatts-
thermal (MWt) (88 FR 39120; June 15, 2023). This revision to the SMR
variable annual fee structure retained the bundled unit concept for
SMRs and the approach for calculating fees for reactors, or bundled
units, with licensed thermal power ratings greater than 250 MWt.
Currently, there are no operating SMRs; therefore, the NRC will not
assess an annual fee in FY 2024 for this type of licensee.
b. Spent Fuel Storage/Reactor Decommissioning
The NRC will collect $40.4 million in annual fees from 10 CFR part
50 and 10 CFR part 52 power reactor licensees, and from 10 CFR part 72
licensees that do not hold a 10 CFR part 50 license or a 10 CFR part 52
combined license, to recover the budgeted resources for the spent fuel
storage/reactor decommissioning fee class in FY 2024, as shown in table
VII. The FY 2023 spent fuel storage/reactor
[[Page 51795]]
decommissioning fees are shown for comparison purposes.
Table VII--Annual Fee Summary Calculations for Spent Fuel Storage/
Reactor Decommissioning
[Dollars in millions]
------------------------------------------------------------------------
FY 2023 final FY 2024 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $42.9 $50.4
Less estimated 10 CFR part 170 receipts. -12.4 -12.3
-------------------------------
Net 10 CFR part 171 resources....... 30.5 38.0
Allocated generic transportation costs.. 1.6 2.3
Billing adjustments..................... 0.0 0.1
-------------------------------
Total required annual fee recovery.. 32.1 40.4
Total spent fuel storage facilities. 123 124
Annual fee per facility................. $0.261 $0.326
------------------------------------------------------------------------
In comparison to FY 2023, the FY 2024 annual fee for the spent fuel
storage/reactor decommissioning fee class is increasing primarily due
to the following: a (1) rise in the budgeted resources; (2) an increase
in generic transportation costs; and (3) an expected decrease in 10 CFR
part 170 estimated billings. The annual fee is partially offset by an
increase in the number of licensees increasing from 123 to 124.
The budgeted resources increased primarily to support the
following: (1) an increase in FTEs to support licensing and oversight
activities for the reactor decommissioning program, which includes both
power and non-power reactors in various stages of decommissioning; and
(2) an increase in the fully-costed FTE rate compared to FY 2023 due to
an increase in salaries and benefits.
The increase in the annual fee is also affected by these
contributing factors: (1) an increase in the generic transportation
surcharge due to an increase in the generic transportation budgeted
resources for the spent fuel storage/reactor decommissioning fee class;
and (2) an increase in the 10 CFR part 171 billing adjustment due to
the timing of invoices in FY 2023.
The annual fee is also increasing due to a decrease in the 10 CFR
part 170 estimated billings, which in turn is primarily due to the
following: (1) the completion of the safety and environmental review of
the Holtec HI-STORE consolidated interim storage facility application;
(2) the termination of the license for the La Crosse Boiling Water
Reactor; and (3) a decrease in decommissioning licensing and inspection
activities at multiple sites. This decrease is expected to be partially
offset by the following: (1) an increase in hours to support the review
of a new fuel storage system; and (2) an increase to support the review
of applications for renewals, amendments, exemptions, and inspections
for independent spent fuel storage installation and dry cask storage
CoCs at multiple sites.
The required annual fee recovery amount is divided equally among
124 licensees, an increase of one licensee compared to FY 2023 due to
the assessment of annual fees for Vogtle Unit 4, resulting in a FY 2024
annual fee of $326,000 per licensee.
c. Fuel Facilities
The NRC will collect $25.3 million in annual fees from the fuel
facilities fee class in FY 2024, as shown in table VIII. The FY 2023
fuel facilities fees are shown for comparison purposes.
Table VIII--Annual Fee Summary Calculations for Fuel Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2023 final FY 2024 Fina
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $26.6 $30.9
Less estimated 10 CFR part 170 receipts. -9.2 -8.7
-------------------------------
Net 10 CFR part 171 resources....... 17.4 22.2
Allocated generic transportation........ 1.9 2.5
Allocated LLW surcharge................. 0.4 0.4
Billing adjustments..................... 0.0 0.1
-------------------------------
Total remaining required annual fee $19.7 $25.3
recovery...........................
------------------------------------------------------------------------
In comparison to FY 2023, the FY 2024 annual fee for the fuel
facilities fee class is increasing primarily due to the following: (1)
a rise in budgeted resources; (2) an increase in the 10 CFR part 171
billing adjustment; and (3) a decrease in 10 CFR part 170 estimated
billings.
The budgeted resources increased primarily to support the
following: (1) the review of licensing actions related to enrichment
and manufacturing of HALEU fuel and ATF; (2) the continued review of
the TRISO-X, LLC fuel facility license application, though as discussed
below, the review has been slowed; (3) the development and maintenance
of licensing guidance; (4) emergency preparedness and physical security
reviews for license amendments and renewals; (5) programmatic oversight
activities for Category II fuel facilities and an anticipated new fuel
facility; (6) associated fuel facilities rulemaking activities; and (7)
an increase in the fully-costed FTE rate compared to FY
[[Page 51796]]
2023 due to an increase in salaries and benefits. The increase in
budgetary resources is partially offset due to a decline in information
technology (IT) services and a reduction in resources due to the delay
of a new fuel facility application.
Finally, the annual fee is also increasing due to the decrease in
the 10 CFR part 170 estimated billings. The 10 CFR part 170 estimated
billings are decreasing in comparison to FY 2023 primarily due to the
following: (1) the slowing of the TRISO-X, LLC, fuel fabrication
facility application review activities, including the development of
environmental impact statement and the safety review while the NRC
awaits the applicant's submittal of a major design change in December
of 2024; (2) the completion of the review of Westinghouse Electric
Company, LLC's license transfer application; (3) the completion of the
review of the Global Nuclear Fuel Americas, LLC, amendment for an
increase in enrichment activities up to 8 weight percent uranium-235;
(4) the delay of the submittal of Global Nuclear Fuel Americas, LLC,
amendment for an increase in enrichment activities up to 20 weight
percent uranium-235; (5) a reduction in hours needed to support license
amendment requests; and (6) the delay of the Niowave new medical
isotope production facility application. This decrease in 10 CFR part
170 estimated billings is partially offset by increased hours to
support the review of the National Institute of Standards and
Technology's license renewal application for possession and use of its
special nuclear material.
Finally, the increase in the annual fee is also affected by these
contributing factors: (1) a rise in the generic transportation
surcharge due to a new CoC within the fuel facilities fee class; and
(2) a surcharge in the 10 CFR part 171 billing adjustment due to the
timing of invoices in FY 2023.
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 31448; 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.
NRC authorized the Centrus American Centrifuge Plant to begin its
HALEU demonstration program operations at the Category II level on
September 21, 2023. As discussed in the FY 2024 proposed fee rule, this
change in operations caused the safeguard effort factors for ``scrap/
waste'' to increase from 0 (no effort) to 1 (low effort),
``enrichment'' to increase from 5 (moderate effort) to 10 (high effort)
and ``sensitive information'' to increase from 5 (moderate effort) to
10 (high effort), resulting in an increase of the safeguards efforts
factors from 11 to 22 compared to the FY 2023 final fee rule.
Table IX--Effort Factors for Fuel Facilities, FY 2024
----------------------------------------------------------------------------------------------------------------
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 22
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))............ 0 0 0
Hot Cell (and others) (1.A.(2)(c)).............................. 0 0 0
Uranium Enrichment (1.E.)....................................... 1 16 23
UF6 Conversion and Deconversion (2.A.(1))....................... 1 12 7
-----------------------------------------------
Total....................................................... 8 189 164
----------------------------------------------------------------------------------------------------------------
In FY 2024, the total remaining amount of the annual fees that the
NRC estimates to be recovered, $25.3 million, is attributable to safety
activities, safeguards activities, and the LLW surcharge. For FY 2024,
the total budgeted resources to be recovered as annual fees for safety
activities are approximately $13.3 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 that the NRC
estimates to be recovered as annual fees for safeguards activities,
$11.6 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--$0.4 million--is
allocated to each fee category based on its percentage of the total
regulatory effort for both safety and safeguards activities. The annual
fee per licensee is then calculated by dividing the estimated total
allocated budgeted resources for the fee category by the number of
licensees in that fee category. The annual fee for each facility is
summarized in table X.
Table X--Annual Fees for Fuel Facilities
[Actual dollars]
------------------------------------------------------------------------
FY 2023 final FY 2024 final
Facility type (fee category) annual fee annual fee
------------------------------------------------------------------------
High Enriched Uranium Fuel (1.A.(1)(a)). $5,156,000 $6,412,000
Low Enriched Uranium Fuel (1.A.(1)(b)).. 1,747,000 2,173,000
Facilities with limited operations 807,000 1,791,000
(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.)............... 2,247,000 2,794,000
UF6 Conversion and Deconversion 1,095,000 1,361,000
(2.A.(1))..............................
------------------------------------------------------------------------
[[Page 51797]]
d. Uranium Recovery Facilities
The NRC will collect $0.3 million in annual fees from the uranium
recovery facilities fee class in FY 2024, as shown in table XI. The FY
2023 uranium recovery facilities fees are shown for comparison
purposes.
Table XI--Annual Fee Summary Calculations for Uranium Recovery
Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2023 final FY 2024 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $0.5 $0.7
Less estimated 10 CFR part 170 receipts. -0.3 -0.4
-------------------------------
Net 10 CFR part 171 resources....... 0.2 0.3
Allocated generic transportation........ N/A N/A
Billing adjustments..................... 0.0 0.0
-------------------------------
Total required annual fee recovery.. $0.2 $0.3
------------------------------------------------------------------------
In comparison to FY 2023, the FY 2024 annual fee for the non-DOE
licensee in the uranium recovery facilities fee class is increasing
primarily due to a rise in budgeted resources attributed to licensing
reviews associated with one licensed uranium recovery facility and two
licensed, but not yet constructed, uranium recovery facilities.
The NRC regulates DOE's Title I and Title II activities under the
Uranium Mill Tailings Radiation Control Act (UMTRCA).\2\ The annual fee
assessed to DOE includes the resources specifically budgeted for the
NRC's UMTRCA Title I and Title 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 42612; June 24, 2002), and the NRC continues to use
this methodology. The DOE's UMTRCA annual fee is increasing compared to
FY 2023 primarily due to a rise in budgeted resources needed to conduct
generic work that the NRC will be performing to resolve the following:
(1) issues associated with abandoned uranium mine waste cleanups and
the potential waste disposal on or near uranium mill tailings sites
including existing DOE sites under NRC oversight; (2) coordination on
license termination strategies for sites; and (3) performance issues
relating to existing cover systems at mill tailings sites. The annual
fee is partially offset by a rise in the 10 CFR part 170 estimated
billings for the anticipated workload increases at various DOE UMTRCA
sites. The NRC assesses the remaining 90 percent of its budgeted
resources to the remaining licensee in this fee class, as described in
the work papers, which is reflected in table XII.
---------------------------------------------------------------------------
\2\ 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 2023 final FY 2024 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 resources less 10 CFR part 170 $142,181 $254,846
receipts...........................................................
10 percent of generic/other uranium recovery budgeted resources..... 5,798 5,908
10 percent of uranium recovery fee-relief adjustment................ N/A N/A
---------------------------------------
Total Annual Fee Amount for DOE (rounded)....................... 148,000 261,000
Annual Fee Amount for Other Uranium Recovery Licenses:
90 percent of generic/other uranium recovery budgeted resources less 52,185 53,169
the amounts specifically budgeted for UMTRCA Title I and Title II
activities.........................................................
90 percent of uranium recovery fee-relief adjustment................ N/A N/A
---------------------------------------
Total Annual Fee Amount for Other Uranium Recovery Licensees.... 52,185 53,169
----------------------------------------------------------------------------------------------------------------
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 ISR facility. Table XIII
displays the benefit factors for the non-DOE licensee in that fee
category.
[[Page 51798]]
Table XIII--Benefit Factors for Uranium Recovery Licenses, 2024
----------------------------------------------------------------------------------------------------------------
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
Basic In Situ Recovery facilities (2.A.(2)(b)).. 1 190 190 100
Expanded In Situ Recovery facilities 0 .............. .............. 0
(2.A.(2)(c))...................................
Section 11e.(2) disposal incidental to existing 0 .............. .............. 0
tailings sites (2.A.(4)).......................
---------------------------------------------------------------
Total....................................... 1 190 190 100
----------------------------------------------------------------------------------------------------------------
The FY 2024 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 2023 final FY 2024 final
Facility type (fee category) annual fee annual fee
------------------------------------------------------------------------
Conventional and Heap Leach N/A N/A
mills (2.A.(2)(a)).............
Basic In Situ Recovery $52,200 $53,200
facilities (2.A.(2)(b))........
Expanded In Situ Recovery N/A N/A
facilities (2.A.(2)(c))........
Section 11e.(2) disposal N/A N/A
incidental to existing tailings
sites (2.A.(4))................
------------------------------------------------------------------------
e. Non-Power Production or Utilization Facilities
The NRC will collect $0.292 million in annual fees from the non-
power production or utilization facilities fee class in FY 2024, as
shown in table XV. The FY 2023 non-power production or utilization
facilities fees are shown for comparison purposes.
Table XV--Annual Fee Summary Calculations for Non-Power Production or
Utilization Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2023 final FY 2024 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $5.115 $3.195
Less estimated 10 CFR part 170 receipts. -4.869 -2.963
-------------------------------
Net 10 CFR part 171 resources....... 0.246 0.233
Allocated generic transportation........ 0.040 0.054
Billing adjustments..................... 0.003 0.005
-------------------------------
Total required annual fee recovery.. 0.289 0.292
Total non-power production or 3 3
utilization facilities licenses....
-------------------------------
Total annual fee per license $0.0963 $0.0972
(rounded)......................
------------------------------------------------------------------------
In comparison to FY 2023, the FY 2024 annual fee for the non-power
production or utilization facilities fee class is increasing, as
discussed in the following paragraphs.
In FY 2024, the budgeted resources decreased primarily due to a
reduction in medical radioisotope production facilities workload
primarily due to a delay with the SHINE Technologies LLC's (SHINE)
operating license application for a medical radioisotope production
facility and a delay in the construction schedule. The offset to the
decline in budgetary resources is the rise in the fully-costed FTE rate
compared to FY 2023 due to an increase in salaries and benefits.
The 10 CFR part 170 estimated billings associated with the current
fleet of operating non-power production or utilization facilities
licensees subject to annual fees have declined compared to FY 2023 due
to a reduction in workload for license amendment activities associated
with the shutdown of the General Electric Hitachi Vallecitos Nuclear
Center in FY 2024. The 10 CFR part 170 estimated billings with respect
to medical radioisotope production facilities and advanced research and
test reactors have declined when compared with FY 2023 primarily due to
the following: (1) a reduction in staff hours due to the delay with
SHINE's operating license application and a delay in the construction
schedule; and (2) the completion of the safety review of the Kairos
Power, LLC's (Kairos) application for a permit to construct the Hermes
1 test reactor. This decline in 10 CFR part 170 estimated billings is
offset due to the following: (1) the review of the Kairos Hermes 2
application for a permit to construct two test reactors; and (2)
conducting pre-application meetings due to the anticipated
[[Page 51799]]
submission of several license applications.
Furthermore, the increase in the annual fee is also affected by
these contributing factors: (1) an increase in the 10 CFR part 171
billing adjustment due to the timing of invoices in FY 2023; and (2) an
increase in the generic transportation surcharge due to an increase in
the generic transportation budgeted resources for the non-power
production or utilization facilities fee class.
The annual fee recovery amount is divided equally among the three
non-power production or utilization facilities licensees subject to
annual fees and results in an FY 2024 annual fee of $97,200 for each
licensee.
f. Rare Earth
In FY 2024, the NRC has allocated approximately $0.2 million in
budgeted resources to this fee class; however, because all the budgeted
resources will be recovered through service fees assessed under 10 CFR
part 170, the NRC will not assess or collect annual fees in FY 2024 for
this fee class.
g. Materials Users
The NRC will collect $46.3 million in annual fees from materials
users licensed under 10 CFR parts 30, 40, and 70 in FY 2023, as shown
in Table XVI. The FY 2024 materials users fees are shown for comparison
purposes.
Table XVI--Annual Fee Summary Calculations for Materials Users
[Dollars in millions]
------------------------------------------------------------------------
FY 2023 final FY 2024 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources for licensees $38.7 $44.3
not regulated by Agreement States......
Less estimated 10 CFR part 170 receipts. -1.2 -0.8
-------------------------------
Net 10 CFR part 171 resources....... 37.5 43.5
Allocated generic transportation........ 2.0 2.6
LLW surcharge........................... 0.1 0.1
Billing adjustments..................... 0.0 0.1
-------------------------------
Total required annual fee recovery.. $39.7 $46.3
------------------------------------------------------------------------
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 $46.3 million for FY 2024 shown in
table XVI consists of $36.6 million for general costs, $9.5 million for
inspection costs, and $0.1 million for LLW costs. To equitably and
fairly allocate the $46.3 million required to be collected among
approximately 2,400 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 is the methodology 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 2023, the FY 2024 annual fees are increasing
for all fee categories within the materials users fee class, ranging
from 14 percent to 25 percent primarily due to an increase in the
budgeted resources. The budgeted resources increased due to the
following: (1) an increase in licensing and oversight workload,
including the expected reviews of exempt distribution and sealed source
device applications, updating licensing guidance, and the development
of a regulatory guide on veterinary issues; (2) hiring actions to
double encumber and train health physics staff to ensure an appropriate
pipeline and knowledge management for future agency mission related
activities; (3) support for rulemaking activities; (4) support for
materials research activities; and (5) an increase in the fully-costed
FTE rate compared to FY 2023 due to an increase in salaries and
benefits.
In addition, the FY 2024 annual fees are increasing due to the
following: (1) an increase in generic transportation costs for
materials users; (2) a decrease in the 10 CFR part 170 estimated
billings for new licensing applications; (3) a decrease of 53 materials
users licensees from FY 2023; and (4) an increase in the 10 CFR part
171 billing adjustment due to the timing of invoices issued in FY 2023.
A constant multiplier is established to recover the total general
costs (including allocated generic transportation costs) of $36.6
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 1.29 for FY 2024. The average inspection cost is the average
inspection hours for each fee category multiplied by the professional
hourly rate of $317. The inspection priority is the interval between
routine inspections, expressed in years. The inspection multiplier is
established to recover the $9.5 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 1.72 for FY 2024. 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 $0.1 million in LLW surcharge costs
allocated to the materials users fee class (see Table IV, ``Allocation
of LLW Surcharge, FY 2024,'' 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 $2.3 million in annual fees to recover generic
transportation budgeted resources in FY 2024, as shown in table XVII.
The FY
[[Page 51800]]
2023 fees are shown for comparison purposes.
Table XVII--Annual Fee Summary Calculations for Transportation
[Dollars in millions]
------------------------------------------------------------------------
FY 2023 final FY 2024 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $11.1 $13.0
Less estimated 10 CFR part 170 receipts. -3.4 -2.4
-------------------------------
Net 10 CFR part 171 resources....... 7.7 10.6
Less generic transportation resources... -6.0 -8.2
Billing adjustments..................... 0.0 0.0
-------------------------------
Total required annual fee recovery.. $1.7 $2.3
------------------------------------------------------------------------
In comparison to FY 2023, the FY 2024 annual fee for the
transportation fee class is increasing primarily due to an increase in
the budgeted resources; (2) a rise in the distribution of the generic
transportation resources allocated to other fee classes; and (3) a
decrease in the 10 CFR part 170 estimated billings.
In FY 2024, the budgeted resources increased primarily to support
the following: (1) rulemaking activities; (2) environmental reviews and
licensing of transportation packages for ATF, the anticipated licensing
review of one transportable microreactor application, other advanced
reactors fuels, and microreactors; and (3) a rise in the fully-costed
FTE rate compared to FY 2023 due to an increase in salaries and
benefits.
The increase in the annual fee is partially offset by a rise in the
distribution of generic transportation resources allocated to
respective other fee classes resulting from additional number of CoCs
for 2024.
Furthermore, the annual fee is also increasing due to a decrease in
the 10 CFR part 170 estimated billings as a result of: (1) delays in
submittals of major amendments of transportation packages and
submittals requiring revisions to the applications; and (2) a delay in
inspection activities.
Consistent with the policy established in the NRC's FY 2006 final
fee rule (71 FR 30722; 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 three out of 30 operating 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 0.5 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 2024
[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........................................... 24.0 25.1 $2.7
Operating Power Reactors.................................. 6.0 6.3 0.7
Spent Fuel Storage/Reactor Decommissioning................ 21.0 22.0 2.3
Non-Power Production or Utilization Facilities............ 0.5 0.5 0.0
Fuel Facilities........................................... 23.0 24.1 2.5
Subtotal of Generic Transportation Resources.............. 74.5 78.0 8.2
DOE....................................................... 21.0 22.0 2.2
-----------------------------------------------------
Total................................................. 95.5 100.0 10.6
----------------------------------------------------------------------------------------------------------------
The NRC assesses an annual fee to DOE based on the number of 10 CFR
part 71 CoCs held by DOE. The NRC, therefore, does not allocate these
DOE-related resources to other licensees' annual fees because these
resources specifically support DOE.
FY 2024--Policy Changes
The NRC is not making any policy changes in FY 2024.
FY 2024--Administrative Changes
The NRC is making 11 administrative changes in FY 2024:
1. Amend Sec. Sec. 2.205(i), 15.35(c), 37.27(c)(2), 73.17(m)(1),
73.57(d)(3)(i), 110.64(e), 140.7(d), 170.12(f), and 171.19(a) by
clarifying payment methods.
The NRC is amending Sec. Sec. 2.205(i), 15.35(c), 37.27(c)(2),
73.17(m)(1), 73.57(d)(3)(i), 110.64(e), 140.7(d),
[[Page 51801]]
170.12(f), and 171.19(a) to align with the U.S. Department of the
Treasury's (Treasury) ``No-Cash No-Check'' policy. The Treasury
encourages Federal agencies to use the most efficient, cost-effective,
and best-suited collection and payment solutions. The Treasury's Bureau
of the Fiscal Service provides central collection and payment services
to agencies to maintain the financial integrity and operational
efficiency of the Federal Government. The Treasury's Bureau of the
Fiscal Service notified the NRC that the agency is expected to
transition from paper-based collections to one or more offered
electronic methods by September 30, 2024.
The ``No-Cash No-Check'' policy will improve timeliness of
collections, thereby reducing interest/penalty/administrative fees
associated with late payments, and reduce resources associated with
processing paper checks. The available electronic payment options will
enhance processing speed and accuracy, and adopting this policy will
make consumer and business payments and remittances to agencies easier
and more efficient. Accordingly, the NRC is amending Sec. Sec.
2.205(i), 15.35(c), 37.27(c)(2), 73.17(m)(1), 73.57(d)(3)(i),
110.64(e), 140.7(d), 170.12(f), and 171.19(a) to revise available
payment methods to remove paper forms of payment and provide that
payments are to be made electronically using the methods accepted at
www.Pay.gov.
2. Amend table 1 in Sec. 170.31 to add language to 7.A, 7.A.1,
7.A.2, 7.C, 7.C.1, and 7.C.2 for clarity.
The NRC is amending table 1 in Sec. 170.31 to add language to
7.A., 7.A.1, 7.A.2, 7.C, 7.C.1, and 7.C.2, to clarify with respect to
10 CFR part 170 fees that these categories also include the possession
and use of source material for shielding when authorized on the same
license.
3. Revise footnote 17 to table 2 in Sec. 171.16(d) for clarity.
The NRC is revising footnote 17 in table 2 paragraph (d) in Sec.
171.16 to clarify that with respect to annual fees, medical licensees
paying fees under 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) are not subject to fees under 2.B. for possession and shielding
authorized on the same license.
III. Public Comment Analysis
Overview of Public Comments
The NRC published a proposed rule on February 20, 2024 (89 FR
12759) and requested public comment on its proposed revisions to 10 CFR
parts 170 and 171. By the close of the comment period, the NRC received
nine written comment submissions on the FY 2024 proposed rule. In
general, commenters were supportive of the specific proposed regulatory
changes, although most commenters expressed concerns about broader fee
policy issues related to the overall size of the NRC's budget, fairness
of fees, transparency, and budget formulation. Some commenters'
concerns were outside the scope of the fee rule.
The commenters are listed in Table XIX.
Table XIX--FY 2024 Proposed Fee Rule Commenter Submissions
------------------------------------------------------------------------
Commenter Affiliation ADAMS Accession No.
------------------------------------------------------------------------
Susan Shultz................. Self............ ML24059A041
Congressman Byron Donalds, United States ML24078A249
et. al. Congress.
Wayne Norton................. Decommissioning ML24080A062
Plant Coalition
(DPC).
Gary D. Camper............... BWXT Nuclear ML24080A063
Operations
Group, Inc.
(BWXT).
Dr. Jennifer L. Uhle......... Nuclear Energy ML24082A097
Institute (NEI).
Justin Both.................. NextEra Energy ML24082A191
Duane Arnold,
LLC (DAEC).
Kevin Lueshen................ Constellation ML24082A228
Energy
Generation, LLC
(CEG).
Nader Mamish................. Westinghouse ML24082A229
Electric
Company, LLC
(Westinghouse).
Sara L. Scott................ Xcel Energy..... ML24082A230
------------------------------------------------------------------------
Information about obtaining the complete text of the comment
submissions is provided in the ``Availability of Documents,'' section
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 multiple commenters raising similar specific concerns were
combined to capture the common issues raised by the commenters.
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.
A. Use of Fee-Based Carryover To Reduce Fees
Comment: Several commenters suggested that the NRC should use the
additional carryover to further offset FY 2024 budgets for Operating
Power Reactors, Spent Fuel Storage/Reactor Decommissioning, Non-Power
Production or Utilization Facilities, and Fuel Cycle Facilities to help
reduce fees. (NEI, Westinghouse, and CEG)
Response: Each fiscal year, the NRC follows the direction of
Congress that accompanies the annual appropriations act. The FY 2024
final fee rule reflects a total budget authority in the amount of
$944.1 million, which is an increase of $16.9 million from FY 2023, but
a decrease of $35.1 million from the FY 2024 proposed fee rule. The
estimated net budget authority (i.e., excluded activities) specified in
the Consolidated Appropriations Act, 2024, for the NRC's ``Salaries and
Expenses'' account reflects a decrease of $18.9 million from the FY
2024 budget request. The explanatory statement associated with the
Consolidated Appropriations Act, 2024, directed the NRC to use $62.0
million of carryover. The explanatory statement allocates $16.0 million
for the UNLP and language in the Senate Report demonstrates an intent
for the NRC to fund the UNLP in FY 2024 using fee-based carryover. The
direction to use the $62.0 million carryover also reflects the $27.1
million proposed in the FY 2024 budget request to offset the Nuclear
Reactor Safety budget and an additional $18.9 million in prior-year
unobligated balances, which offsets the $18.9 million reduction in the
estimated net budget authority specified in the Consolidated
Appropriations Act, 2024, for the NRC's ``Salaries and Expenses''
account. With these allocations of the $62.0 million in prior-year
unobligated carryover funds, no additional carryover
[[Page 51802]]
remains that could be applied to offset fees for other fee classes.
No changes were made to this final rule as a result of these
comments.
B. Transparency
Comment: ``Most licensees must estimate and budget their NRC fees
well in advance of the proposed fee rule and upon issuance must adjust
their operating budget to accommodate the changes. Given the
significant changes that are likely to result from the Consolidated
Appropriations Act of 2024, we strongly encourage the NRC to use any
means available to notify licensees of any substantial changes made
during the crafting of the final rule. This would provide licensees the
additional time needed to realign their budgets.'' (NEI)
Response: The NRC strives to ensure that the proposed fee rule is
as accurate as possible and explains its assumptions about the
budgetary resources and other factors associated with annual fees to
provide the best information available regarding the fiscal year's
proposed fees. The NRC discussed these assumptions during the March 7,
2024, public meeting on the FY 2024 proposed fee rule.
The NRC must comply with statutory requirements, including NEIMA
and the Administrative Procedure Act (APA). 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, through fees assessed by the end of
the fiscal year. Section 553 of the APA requires the NRC to give the
public an opportunity to comment on a published proposed rule. Because
the Office of Management and Budget has found the fee rule to be a
major rule under the Congressional Review Act, the effective date of
the final rule cannot be less than 60 days from the date of publication
and must allow for timely final billing prior to the end of the fiscal
year (i.e., September 30, 2024 for FY 2024). Depending on the timing of
the enacted budget, the NRC may not have sufficient time to provide
advance notification of all changes within the final rule prior to
publication and meet its statutory requirements.
No changes were made to this final rule in response to these
comments.
C. Fuel Facilities Fee Class Budget and Increase in the Annual Fees
Comment: Several commenters expressed concerns about the average 22
percent annual fee increase for all operating fuel cycle facilities,
which is a significant escalation in comparison to the agency's
budgeted increase of 5.62% and multiples higher than the other business
lines. The commenters stated that the fuel facilities business line
budget and annual fees decreased for each of the fiscal years (FY 2019-
FY 2022) to more accurately reflect the reduced number of operating
facilities and the corresponding reduction in workload. The commenters
expressed concern that increase in the annual fees in FY 2023 and FY
2024 is not efficient and limits the potential of nuclear energy
advancement, and that despite the number of operating facilities
remaining steady, the proposed annual fee increase is not based on
quantitative workload or effort factors and does not reflect the
relatively low risk profile of the existing and predicted fuel cycle
facility fleet. The commenters expressed concern that the basis for the
increase in the annual fee is not adequate and clear. In addition, the
commenters expressed concern regarding the increase in the budget for
licensing and oversight activities and the disparity between lower 10
CFR part 170 (service fees) relative to 10 CFR part 171 (annual fees).
The commenters also expressed that available carryover funds should be
applied to eliminate the proposed 22 percent increase above the FY 2023
levels. One commenter suggested that the NRC should apply an annual fee
cap to fuel facilities, similar to the annual fee cap for operating
power reactors in NEIMA. (NEI, BWXT, and Westinghouse)
Response: The NRC remains mindful of the impact of its budget on
the fees for the fuel facilities fee class. The NRC notes that efforts
to deploy ATF and advanced reactors, along with a focus on domestic
fuel supplies, have resulted in an environment with a fluctuating
workload. When formulating the budget, the NRC takes into consideration
various factors, including workload forecasting, historical data and
trends in the business line, information from licensees and potential
applicants, and uncertainty of projections. The NRC assesses the
current environment and looks for significant drivers that could impact
future workload. These include, but are not limited to, technical and
regulatory developments that have the potential to generate additional
work or reduce work (i.e., pre-application activities and applications
for new fuel facilities, potential major amendments and license
termination requests, rulemaking activities, guidance development, and
oversight of the fuel facilities program), related reactor licensing
work, federal funding opportunities, and geopolitical changes that
could influence the availability of uranium.
In addition, the NRC evaluates historical data and trends to
measure how execution in previous years lines up with the budget
assumptions at the time. The NRC uses that data to inform the budget
and identify areas where the assumptions previously used have changed.
Historical data allows the NRC to identify trending in quantity and/or
complexity of the planned submittals, and to incorporate efficiencies
gained and lessons learned from previous data.
The NRC also relies on communication from stakeholders to identify
accurate dates for planned submittals (i.e., major amendment requests,
renewals, and new fuel facility applications), including letters of
intent provided by licensees and applicants, and collecting information
from Federal partners. For large licensing projects, the NRC tries to
balance the appropriate resource needs against the relative certainty
that an application will be submitted on schedule.
While the NRC understands the commenters' concerns regarding the
impact of budget on the existing operating fuel facilities licensees,
NEIMA requires the NRC to recover, to the maximum extent practicable,
approximately 100 percent of its annual budget authority, less the
budget authority for excluded activities, and to do so through a
combination of both user fees and annual fees. When budgeted 10 CFR
part 170 work does not materialize (due to circumstances like delayed
or cancelled licensing submittals or construction inspections) changes
to the annual fee for the fee class can result. This change in 10 CFR
part 170 billings due to fact-of-life changes was a significant
contributor to the annual fee increases in FY 2023 and FY 2024 for the
fuel facilities fee class.
As expressed by the commenters, from FY 2019 through FY 2022, the
annual fee for fuel facilities fee class decreased each year and, after
a significant decrease in the budgeted resources for the fee class from
FY 2019 to FY 2020, budgeted resources remained relatively flat from FY
2020 to FY 2022. The decrease in the fuel facilities budgeted resources
over this period appropriately aligned resources with the projected
workload for the fuel facilities fee class at the time. For example,
during this time, there were fewer license renewals, limited guidance
development, and only routine licensing actions.
In FY 2023, the fuel facilities fee class experienced an increase
in the budget by $4.2 million compared to FY 2022, which included an
increase of 5.3 FTE
[[Page 51803]]
and approximately $0.5 million in contract support, for licensing,
oversight, and rulemaking activities. The FY 2024 fuel facilities fee
class budget is $30.9 million, which includes 58.9 FTE and
approximately $2.9 million in contract support resources. This is $0.9
million or 3 percent higher than the FY 2019 fuel facilities budgeted
resources of $30.0 million, which included 66.7 FTE and approximately
$2.0 million in contract support.
The FY 2024 CBJ, published in March 2023, explains that the
increase in budgeted resources for the fuel facilities business line
supports activities such as: (1) licensing actions related to
enrichment and manufacturing of HALEU fuel and ATF; (2) the review of
one new fuel facility license applications; (3) programmatic oversight
activities in support of Category II fuel facilities and an anticipated
new fuel facility; (4) potential rulemaking for enhanced security of
special nuclear material and guidance development for fuel cycle
facility security; and (5) an increase in the fully-costed FTE rate
compared to FY 2023 due to an increase in salaries and benefits to
support Federal pay raises for NRC employees. The increase in budgetary
resources is partially offset due to a decline in IT services.
Additionally, changing workload drivers, including delays in the
submittal of licensing activities, have impacted the FY 2024 budget for
the fuel facilities business line.
Consistent with NEIMA, when developing the annual fee rule, the NRC
accounted for changes that occurred in the two-year interval between
the development of the FY 2024 budget request, which began in FY 2022,
and the enactment of the FY 2024 appropriation in March 2024.
As part of developing 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 charged to
licensees and applicants for the previous four quarters. The estimate,
therefore, reflects recent changes in the NRC's regulatory activities.
The NRC used four quarters of the prior year invoice data to calculate
fees in its FY 2024 proposed rule, and 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 this final
fee rule.
In the FY 2024 proposed fee rule, the 10 CFR part 170 estimated
service fees for the fuel facilities fee class increased from $9.2
million in FY 2023 to $10.5 million as shown in the FY 2024 proposed
fee rule, which is an increase of $1.3 million or approximately 14.1
percent compared to FY 2023.
During the March 7, 2024, public meeting to discuss the FY 2024
proposed fee rule, the NRC explained that the increase in proposed
annual fees for the fuel facilities fee class was primarily due to
budget increases and lower than anticipated 10 CFR part 170 billings.
At the public meeting, the NRC explained that the increase in proposed
annual fees described in the FY 2024 proposed fee rule was primarily
due to budget increases and lower than anticipated 10 CFR part 170
billings. The lower than anticipated 10 CFR part 170 billings was
because of delays in the submittals of Niowave's new medical isotope
production facility application and Global Nuclear Fuel-Americas
amendment supporting Natrium fuel fabrication. The FY 2024 final fee
rule reflects a further decrease in 10 CFR part 170 billings that was
caused by the completion of more licensing actions than estimated, the
further delay in commencing inspection activities for the TRISO-X, LLC
new fabrication facility, the slowdown of the TRISO-X, LLC new fuel
facility license application review while the NRC awaits the
applicant's submittal of a major design change, and other delays in
routine licensing actions.
During the public meeting, the NRC identified that, during the
budget formulation and execution process, it can account for fact-of-
life changes and implemented these changes, where possible, in FY 2024.
These changes are reflected in the FY 2024 final fee rule, where the
NRC reallocated resources from the fuel facility fee class to other fee
classes within the nuclear materials and waste safety control point.
While these changes did not lower the final FY 2024 annual fees for the
fuel facilities fee class in comparison to the annual fees in FY 2024
proposed fee rule, they did mitigate what would have been an even more
significant increase.
Although the NRC is aware of the impact its budgeted resources has
on the fees for fuel facilities licensees subject to 10 CFR part 171
annual fees, the fee class budget is not linearly proportional to the
number of licensees in the fuel facilities fee class. Resources are
required to develop and maintain the infrastructure independent of the
number of operational fuel facilities. The fuel facilities business
line must maintain certain minimum requirements to meet the NRC's
regulatory and statutory oversight role. This includes maintaining
expertise in several technical areas, including integrated safety
analysis, radiation protection, criticality safety, chemical safety,
fire safety, emergency management, environmental protection,
decommissioning, management measures, material control and accounting,
physical protection, and information security. Budgeted resources in
technical areas are recovered through 10 CFR part 170 user fees as well
as 10 CFR part 171 annual fees. Additionally, the infrastructure costs
include indirect services and the business line portion of corporate
support. Indirect services include rulemaking, maintaining guidance for
licensees, maintaining procedures for NRC staff, training, and travel.
Corporate support includes, but is not limited to, the cost for
information management and technology, security, facilities management,
rent, utilities, human resources, financial management, and
acquisitions.
As explained above, because the NRC's fee recovery under 10 CFR
part 170 will not equal approximately 100 percent of the agency's
budget authority for the fiscal year (less the budget authority for
excluded activities), the NRC also assesses 10 CFR part 171 annual
fees. Estimated 10 CFR part 170 billings, therefore, are inversely
related to the proposed annual fee for a fee class. The more the NRC
estimates to collect in 10 CFR part 170 billings, the less it assesses
in annual fees. While the NRC anticipated an increase in 10 CFR part
170 estimated billings in the FY 2024 proposed fee rule, this
anticipated increase was not enough to offset the overall increase in
budgetary resources in FY 2024. Moreover, additional decreases in 10
CFR part 170 billings occurred since the issuance of the FY 2024
proposed fee rule that contributed to the additional increase in the
annual fees for the fuel facilities fee class in the FY 2024 final fee
rule. The additional decreases in 10 CFR part 170 billings were caused
by the completion of more licensing actions than estimated, the further
delay in commencing inspection activities for the TRISO-X, LLC new
fabrication facility, the slowdown of the TRISO-X, LLC new fuel
facility license application review while the NRC awaits the
applicant's submittal of a major design change, and other delays in
routine licensing actions.
One commenter also recommended that the NRC apply an annual cap to
fuel facilities, similar to the annual fee cap for operating power
reactors in NEIMA. Section 102(b)(3)(B)(i) of NEIMA established a 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
[[Page 51804]]
fee amount per operating reactor licensee established in the FY 2015
final fee rule, adjusted for inflation. NEIMA did not establish such a
cap on the annual fees charged to fuel facility licensees.
This final fee rule does not include an annual cap to fuel
facilities. The NRC will continue to assess resource requirements,
evaluate programmatic efficiencies, and make changes as appropriate. In
addition, the NRC staff is exploring options to address the volatility
in the fuel facilities fee class annual fees and will engage with the
Commission as appropriate.
No changes were made to this final rule as a result of these
comments.
Comment: Several commenters expressed concerns that they have
finalized their calendar year 2024 budgets and funding a 22 percent
increase in the FY 2024 annual fees is not currently budgeted and can
only be fulfilled by making difficult resource decisions while
maintaining the safety and security of plant operations. (NEI and
Westinghouse)
Response: The NRC recognizes that the issuance of the fee rule may
not coincide with budget cycles of industry. NEIMA requires the NRC to
recover, to the maximum extent practicable, approximately 100 percent
of its annual budget authority, less the budget authority for excluded
activities, through fees by the end of the fiscal year. The NRC must
set its fees in accordance with the enacted budget. Even though the NRC
does not know the amount of fees it will need to collect until after it
receives an annual appropriation from Congress, the NRC starts the
process of developing the fee rule in the preceding summer to allow for
timely final billing prior to the end of the fiscal year, consistent
with the requirements of NEIMA.
Furthermore, the NRC must comply with additional statutory
requirements, including the APA. Section 553 of the APA requires the
NRC to give the public an opportunity to comment on a published
proposed rule. Moreover, because OMB has found the fee rule to be a
major rule under the Congressional Review Act, the effective date of
this final rule cannot be less than 60 days from the date of
publication and must allow for timely final billing prior to the end of
the fiscal year. NEIMA requires the NRC to collect fees for FY 2024 by
September 30, 2024. These scheduling constraints required the NRC to
propose revisions to its fee schedules before receiving its annual
appropriation.
The NRC strives to ensure that the proposed fee rule is as accurate
as possible and explains its assumptions about the budgetary resources
and other factors associated with annual fees to provide the best
information available regarding the fiscal year's proposed fees. The
NRC discussed these assumptions during the March 7, 2024, public
meeting on the FY 2024 proposed fee rule. The NRC recognizes that the
issuance of the fee rule may not coincide with budget cycles of
industry; however, the NRC must promulgate a notice-and-comment rule
based on the most accurate data available regarding the cost of NRC
services in the context of the NRC's budget for a given fiscal year.
Nonetheless, the NRC can and will continue to inform licensees of
anticipated major changes in 10 CFR part 170 billings based on changes
in the timing of licensing action submittals or inspection activities
that could ultimately impact annual fees.
No changes were made to this final rule as a result of these
comments.
D. Operating Power Reactors Fee Class Budget and Declining 10 CFR Part
170 Estimated Billings
Comment: ``Approximately 83% of the fee class budget for FY2024 is
from the power reactor fee class. Over the past five years the Part 170
fee-for-service collections have decreased by 24%, meaning that the
NRC's fee-for-service workload has decreased by roughly 34%. Yet, over
this same period, the budget for operating reactors has increased.
Consequently, a greater percentage of the operating budget is required
to be recovered through annual fees. . . . [T]he percentage of the
operating plant budget that is derived from annual fees (currently at
76.4%) continues to increase; up from 68% in FY2019. This growing
disparity between `fee-for-service' collections and `overhead,'
combined with the increasing levels of carryover, point to a need for
the NRC to reevaluate its budget and fee collection model.'' (NEI)
Response: The NRC disagrees with the commenter's suggestion that
the allocation of service fees versus annual fees for the operating
power reactor fee class in the FY 2024 proposed fee rule necessities a
revaluation of the NRC's fee-recovery framework. The operating power
reactors fee class supports the activities of the operating reactors
and new reactors business lines, including both direct-billable
licensing actions and those general activities that indirectly support
the agency's mission in these areas. The NRC's FY 2024 CBJ provided the
agency's explanation and justification for the resources requested to
allow the agency to complete its mission, and the reason for the
changes in the budget for the NRC compared to the prior year.
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 fee collection 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.
Consistent with NEIMA, when developing the annual fee rule, the NRC
considered changes that occurred in the two-year interval between the
development of the FY 2024 budget request, which began in FY 2022, and
the enactment of the FY 2024 appropriation in March 2024. The NRC
strives to ensure that the proposed fee rule is as accurate as possible
and explains its assumptions about the budgetary resources and other
factors associated with annual fees to provide the best information
available regarding the fiscal year's proposed fees. 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 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 2024 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 2024 final
rule. In the FY 2024 proposed fee rule, the 10 CFR part 170 estimated
service fees for the operating power fee class increased from $158.9
million in FY 2023 to $165.3 million as shown in the FY 2024 proposed
fee rule, which is an increase of $6.4 million or approximately 4.0
percent compared to FY 2023. As described in the FY 2024
[[Page 51805]]
proposed fee rule, the 10 CFR part 170 estimated billings increased
primarily due to the following: (1) an anticipated increase in hours
associated with the review of an increasing number of license renewal
applications; and (2) an anticipated increase in new reactor licensing
activities, including the review of standard design approvals, pre-
application activities, and construction permits. This estimated
increase is partially offset by an expected decline in the submission
of topical reports. The NRC discussed these assumptions for the
operating power reactors fee class during the March 7, 2024, public
meeting on the FY 2024 proposed fee rule.
The NRC will continue to assess resource requirements, evaluate
programmatic efficiencies, and make changes as appropriate.
No changes were made to this final rule as a result of these
comments.
E. General Comments on the Increase in the Budget and the Hourly Rate
Comment: Some commenters expressed concern about the overall
increase in the budget, which has resulted in increases in annual fees
and the hourly rate in FY 2024 and the potential for increases in the
future. The commenters requested that the NRC re-evaluate fees
associated with the FY 2024 proposed fee rule. (Congressman Byron
Donalds, et. al, DPC, DAEC, BWXT, NEI, Westinghouse)
Response: The NRC is committed to the application of fairness and
equity in the assessment of fees. Fees are reassessed annually with
stakeholder engagement and published in the Federal Register for public
comment. The NRC held a public meeting on March 7, 2024, to discuss the
key aspects of the FY 2024 proposed fee rule, including the impact of
the budget upon fees. In developing the budget, the NRC seeks
information on projected workload through public meetings, letters of
intent from industry, and other forms of public outreach with licensees
to better inform budget formulation workload assumptions. NEIMA
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. The FY 2024 proposed fee
rule was based on the FY 2024 budget request because a full-year
appropriation had not yet been enacted for FY 2024. A full-year
appropriation was enacted on March 9, 2024, with the Consolidated
Appropriations Act, 2024, which included less total budget authority
than the budget request and direction to use $62.0 million in carryover
funding. As a result, the FY 2024 final fee rule reflects the NRC's re-
evaluation of fees based on the FY 2024 enacted budget. In addition,
the final fee rule reflects updates to estimated billings based on
workload changes for each fee class.
The NRC will continue to assess resource requirements, evaluate
programmatic efficiencies, and make changes as appropriate. For
example, the NRC recently modified its fee regulations to address the
economic differences between the current fleet of large operating
reactors and much smaller small modular reactors (SMRs) to make them
technology-inclusive and establish a fair and equitable approach for
assessing annual fees to all SMRs, in light of increased interest in
licensing non-light water reactors.
No changes were made to this final rule as a result of these
comments.
F. Non-Power Production or Utilization Facilities
Comment: ``The FY2024 proposed fee rule represents a 1.5% increase
in the annual fee for the three paying licensees in the fleet. Notably,
we understand that in FY2025, the number of fee-paying facilities will
drop from three to two. Because of this significant change
(representing a 33% reduction of the fee-paying licensee base), we are
concerned about the downstream effects this could place on the two
remaining licensees, resulting in a disproportionate financial impact
and burden. This undesirable outcome has been observed with prior year
fee rules in several other business lines, including NPUFs, when the
size of the fleet is significantly downsized, yet the overall business
line is not commensurately reduced. The staff highlighted this fact in
the February 22, 2024, Commission briefing on the research and test
reactor regulatory program. The staff stated that they are currently
pursuing mitigating solutions for FY2025. We look forward to hearing
more from the staff on any solutions, and we are open to supporting
further dialogue on this topic. As this FY2025 decrease in the number
of facilities is known, we expect the NRC to reduce its resources
commensurately. This is especially important considering their primary
national mission of education, research, training, and outreach, as
highlighted in the Atomic Energy Act, Section 104(c).'' (NEI)
Response: The NRC recognizes the impact of its budgeted resources
on the fees for facilities involved in education, research, training,
and outreach. As mentioned during the February 22, 2024, Commission
meeting, and the March 7,2024, public meeting to discuss the FY 2024
proposed fee rule, the NRC is actively exploring options to address the
non-power production or utilization facilities (NPUF) fee class due to
the decline in number of operating NPUFs and will engage with the
Commission as appropriate.
For this fee rule, in FY 2024, the NRC budgeted activities for
NPUFs to address emerging work needs and maintaining adequate oversight
of the existing fleet of facilities. As discussed in the FY 2024
proposed fee rule, the NPUF budgetary resources, which are included
under the operating reactors business line, decreased because of a
reduction in medical radioisotope production facilities workload
primarily due to a delay with the SHINE operating license application
for a medical radioisotope production facility and a delay in the
construction schedule. The decrease in the budgeted resources was
partially offset by an increase in the fully-costed FTE rate compared
to FY 2023 due to an increase in salaries and benefits. In addition,
the 10 CFR part 170 estimated billings associated with the current
fleet of operating NPUF licensees subject to annual fees have declined
compared to FY 2023 due to a reduction in workload for license
amendment activities associated with the anticipated shutdown of the
General Electric Hitachi Vallecitos Nuclear Center in FY 2024. The 10
CFR part 170 estimated billings with respect to medical radioisotope
production facilities and advanced research and test reactors have
declined when compared with FY 2023 primarily due to the following: (1)
a reduction in staff hours due to the delay with SHINE's operating
license application and a delay in the construction schedule; and (2)
the completion of the safety review of the Kairos application for a
permit to construct the Hermes 1 test reactor. This decline in 10 CFR
part 170 estimated billings is offset due to the following: (1) the
review of the Kairos Hermes 2 application for a permit to construct two
test reactors; and (2) conducting pre-application meetings due to the
anticipated submission of several license applications.
While the NRC agrees that it should reduce its budget commensurate
with the reduction in the number of NPUFs that pay fees, that reduction
is not linearly proportional as there is a cost for the infrastructure
that must be maintained independent of the number of operational NPUFs.
These infrastructure costs include indirect services and the business
line portion of corporate support. Indirect services include
rulemaking, maintaining
[[Page 51806]]
guidance for licensees, maintaining procedures for NRC staff, training,
and travel. Corporate support includes, for example, the cost for
information management, IT, security, facilities management, rent,
utilities, financial management, acquisitions, human resources, and
policy support.
No changes were made to this final rule as a result of these
comments.
G. Corporate Support Cap
Comment: ``We appreciate the NRC efforts to manage and reduce
Corporate Support costs. However, these efforts do not appear to be
effective. The Corporate Support budget for FY2024 is 30.2% of total
budget authority compared to the FY2024 NEIMA limit of 29%. In FY2025
the NEIMA limit on Corporate Support budget decreases to 28%. However,
the NRC's proposed budget for FY2025 has a Corporate Support budget
that increases to 31.9% of total budget authority. We encourage NRC to
double its efforts to reduce Corporate Support costs.'' (NEI)
Response: Section 102(a)(3) of NEIMA provides that corporate
support costs include annual budget justification submitted to
Congress, to the maximum extent practicable, shall not exceed 29%. This
requirement pertains to the annual budget justification and does not
apply to the annual fee rule.
As stated in the Executive Summary to the FY 2024 CBJ, the NRC's
corporate support request was approximately 30.2 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 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.
H. Excluded Activities
Comment: Several commenters expressed concern about using fee-based
carryover funding for the UNLP and not complying with NEIMA. One
commenter stated that ``[t]he FY2024 proposed budget does not include
funding for the University Nuclear Leadership Program (UNLP). However,
the Consolidated Appropriations Act 2024 included $16 million for UNLP
and directed the use of fee-based carryover funds for this purpose.
This is contrary to the Nuclear Energy Innovation and Modernization Act
(NEIMA) of 2018, where UNLP is one of the activities excluded from
recovery using fee-based funding. The FY2024 payment, combined with
similar payments in FY2023, FY2022 and FY2021, totals $64 million in
payments by licensees that should have been excluded from the fee
base.''
One commenter also expressed concern that licensee fees should not
subsidize other Federal agencies. They stated, ``[t]he FY2024 budget
includes approximately $6 million to subsidize rent for the Food and
Drug Administration (FDA) and the National Institutes of Health (NIH).
In its October 12, 2021, letter to Congress on NEIMA, NRC identified
that over the course of this lease the nuclear industry will pay
approximately $48 million to subsidize rent for the Food and Drug
Administration (FDA) and the National Institutes of Health (NIH) in the
3WFN building. These payments do nothing to support the agency's
mission and should not be funded through fees collected from NRC
licensees and, ultimately, electricity rate payers. We encourage the
NRC to continue its discussions with Congress to remove these payments
from the fee base.'' (NEI and CEG)
Response: Each fiscal year, the NRC follows the direction of
Congress that accompanies the annual appropriations act. In FY 2024,
the explanatory statement associated with the Consolidated
Appropriations Act, 2024 included direction for the NRC to use $62.0
million of carryover. The explanatory statement allocates $16.0 million
for the UNLP, and consistent with language in the Senate Report, the
UNLP is funded in FY 2024 using carryover. As part of the NRC's ongoing
communications with Congress, the NRC provides information to and has
discussions with Congress regarding various budgetary matters.
The Three White Flint subsidy is not currently an excluded activity
under NEIMA.
No change was made to this final rule as a result of these
comments.
I. Future Policy Adjustments for Micro-Reactors
Comment: ``We recognize that there are no further policy changes
proposed this year following last year's addition of another minimum
fee and variable rate for non-light water reactors under 10 CFR 171.15.
NEI encourages the NRC to consider other changes to the fee structure
for micro-reactors. Specifically, the overall licensing and ongoing
oversight costs for micro-reactors need to be less than 1% of the total
cost of manufacture and operations. If the policy in the current fee
rule places undue economic burden on micro-reactors through annual fees
that do not reflect lower oversight costs, due to their simplicity and
very small radionuclide inventories, then the annual fees will
challenge their economic viability. The current minimum fee, set equal
to that of the NPUF fee class, is expected to be a significant
percentage of annual operating costs for micro-reactors. Further, the
distribution of NPUF fees for dozens of reactors among a fraction of
payers (only three NPUF licensees are subject to annual fees) is not
representative of commercial micro-reactor expectations to each pay
their share of annual fees. The scaling of many tens or hundreds of
micro-reactors up to 4500 MWth will continue to propagate the
disproportionate impact and there may be a need for the policy to be
revisited as early as next year.'' (NEI)
Response: In FY 2016, the NRC amended Sec. 171.15 to establish a
variable annual fee structure for LWR SMRs (81 FR 32617; May 24, 2016).
Thereafter, in FY 2023, the NRC further amended Sec. 171.15 to: (1)
expand the applicability of the SMR variable fee structure to include
non-LWR SMRs; and (2) establish an additional minimum fee and variable
rate applicable to SMRs with a licensed thermal power rating of less
than or equal to 250 MWt (88 FR 39120; June 15, 2023).
In developing this fee framework for SMRs, the NRC engaged with
industry and other interested stakeholders to develop a knowledge base
and understanding of the characteristics and proposed designs of non-
LWR SMRs. The NRC also conducted public meetings with stakeholders to
share information and discuss topics related to the development and
licensing of non-LWRs and participated in preapplication activities
with several applicants. During these public meetings, the NRC staff
discussed possible approaches to assessing annual fees for non-LWR
SMRs. Stakeholders recommended that the NRC consider lower fees for
non-LWR SMRs and requested the NRC proceed with rulemaking
expeditiously. In developing an approach to assess annual fees to
future non-LWR SMRs, the NRC considered stakeholder input from these
public meetings and analyzed a position paper from NEI, ``NEI Input on
NRC Annual Fee Assessment for Non-Light Water Reactors.''
Ultimately, the NRC modified its fee regulations to address the
economic differences between the current fleet of large operating
reactors and much smaller SMRS to make them technology-inclusive and
establish a fair and equitable approach for assessing annual
[[Page 51807]]
fees to all SMRs, including micro-reactors. That said, the NRC
recognizes that the annual regulatory cost associated with LWR and non-
LWR SMRs is inherently uncertain before such a licensed facility is
operational.
As stated in the FY 2023 final fee rule, the NRC intends to re-
evaluate the variable annual fee structure at the appropriate time to
ensure consistency with NEIMA. This re-evaluation will occur once SMR
facilities become operational and sufficient regulatory cost data
becomes available. Operational experience data should provide insights
that will identify the correlation between design features and the
level of NRC oversight typically needed for these new types of power
plants as well as inform whether further annual fee adjustments for
SMRs may be needed. As cost data and operating experience for LWR and
non-LWR SMRs are accumulated, the NRC will propose adjustments to fees
as needed to make sure that the fees assessed to LWR and non-LWR SMRs
(and to all operating power reactors) are commensurate with the
regulatory support services provided by the NRC, consistent with NEIMA.
No changes were made to this final rule in response to these
comments.
J. Spent Fuel Storage/Reactor Decommissioning Fee Class
Comment: Several commenters expressed concerns about the annual fee
increase for the spent fuel storage/reactor decommissioning fee class.
One commenter stated that an increase in annual and professional
charges proposed for the fee class of 26.4 percent, and an increase of
117 percent since 2019, is systemically unsustainable. The commenter
stated that their sites no longer produce electricity and the
assumption that they will recover costs from the DOE via litigation or
settlement(s) is one that ignores that the costs are not allowed for
recovery. That cost is the erosion of the recovery due to the time
value of money and that others do not receive full recovery of costs.
Costs associated with the recovery process are not included. Another
commenter stated that the FY 2024 proposed fee rule assigns the same
fee for all decommissioning plants and does not distinguish between
reactor sites that are actively decommissioning or moving spent fuel,
which require significant active NRC oversight, and those in a SAFSTOR
setting with no active fuel movement, which require much less NRC
oversight. The commenters suggested that the NRC adjust the proposed
rule to more accurately and equitably allocate its costs to plants in a
decommissioning status based on the necessary level of NRC involvement.
The commenters asked that the NRC undertake serious discussions
internally, and then with the Congress and OMB, to seek long-term
solutions to the dramatic and unsustainable increases in members' fees.
(DPC and DAEC)
Response: The NRC is aware of the impact of the budget on the fees
for the spent fuel storage/reactor decommissioning fee class that is
assessed to 10 CFR part 50 and 10 CFR part 52 power reactor licensees,
and on 10 CFR part 72 licensees that do not hold a 10 CFR part 50
license or a 10 CFR part 52 combined license. The spent fuel storage/
reactor decommissioning fee class supports the activities of the spent
fuel storage and transportation and the decommissioning and LLW
business lines, including both direct-billable licensing actions and
those general activities that indirectly support the agency's mission
in these areas.
When formulating the budget, the NRC takes into consideration
various factors, including workload forecasting, historical data and
trends, information from licensees and potential applicants, and
uncertainty of projections. The NRC assesses the current environment
and performs workload forecasting, which includes looking for
significant drivers that could impact the future workload. These
include, but are not limited to, technical and regulatory developments
that have the potential to generate additional work or reduce work. In
addition, the NRC reviews historical data and trends to measure how
execution in previous years lines up with the budget assumptions at the
time. The NRC uses that data to inform the future budget and identify
areas where the assumptions previously used may have changed. The NRC
also relies on communications from stakeholders to identify planned
submittals, including letters of intent. In budgeting for large
licensing projects, the NRC tries to balance the anticipated resource
needs against the relative certainty that an application will be
submitted on schedule and the level of complexity.
The NRC's FY 2024 CBJ, published in March 2023, provided the
agency's explanation and justification for the resources being
requested to allow the agency to complete its mission under the spent
fuel storage and transportation and the decommissioning and LLW
business lines as pertaining to the spent fuel storage/reactor
decommissioning fee class. As explained in the FY 2024 proposed fee
rule, the spent fuel storage/reactor decommissioning fee class budgeted
resources increased primarily to support the following: (1) an increase
in FTEs to support licensing and oversight activities for the reactor
decommissioning program, which includes both power and non-power
reactors in various stages of decommissioning; and (2) an increase in
the fully-costed FTE rate compared to FY 2023 due to an increase in
salaries and benefits to support Federal pay raises for NRC employees.
While NRC recognizes the impact of its budgeted resources on the
fees for the spent fuel storage/reactor decommissioning facilities
subject to 10 CFR part 171 annual fees, the fee class budget is not
linearly proportional to the number of facilities in the fee class.
Resources are required to develop and maintain the infrastructure
independent of the number of facilities in the spent fuel storage/
reactor decommissioning fee class. The spent fuel storage and
transportation and the decommissioning and LLW business lines must
maintain certain minimum requirements to meet the NRC's regulatory and
statutory oversight role.
Consistent with NEIMA, when developing the annual fee rule, the NRC
considered changes that occurred in the two-year interval between the
development of the FY 2024 budget request, which began in FY 2022, and
the enactment of the FY 2024 appropriation in March 2024. 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 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 2024 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
2024 final rule.
The commenters also raised concerns regarding the professional
charges and that the FY 2024 proposed fee rule does not distinguish
between sites that are in active decommissioning or where licensees are
moving spent fuel, and those in a SAFSTOR setting that require less
oversight. 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. To the extent that
the NRC's
[[Page 51808]]
work directly benefits a licensee or applicant, the NRC then collects
10 CFR part 170 user fees from that licensee or applicant. As a result,
the spent fuel storage/reactor decommissioning fee class facilities are
only paying 10 CFR part 170 fees for work that directly benefits an
entity engaged in their specific activities (i.e., decommissioning
licensing and oversight activities, moving spent fuel, and the review
of certificate of compliance applications for amendments). 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 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.
The NRC believes that the assessment of annual fees from 10 CFR
part 50 and 10 CFR part 52 power reactor licensees, and from 10 CFR
part 72 licensees that do not hold a 10 CFR part 50 license or a 10 CFR
part 52 combined license under spent fuel storage/reactor
decommissioning, is fair and equitable to recover NRC costs for generic
spent fuel storage and reactor decommissioning activities. This annual
fee includes the costs of the NRC's generic and other research
activities directly related to reactor decommissioning and spent fuel
storage, and other safety, environmental, and safeguards activities
related to reactor decommissioning and spent fuel storage, except those
activities which are subject 10 CFR part 170 fees. The NRC recognizes
that sites will be required to continue to store spent fuel onsite
until another solution becomes available. Nonetheless, NEIMA requires
the NRC to recover, to the maximum extent practicable, approximately
100 percent of its annual budget less certain amounts excluded from the
fee-recovery requirement.
The NRC continues to actively evaluate resource requirements to
address changes that occur between budget formulation and execution.
The NRC will continue to evaluate programmatic efficiencies and make
changes as appropriate.
No changes were made to this final rule in response to these
comments.
K. Comments on Matters Not Related to This Rulemaking
Several commenters raised issues outside the scope of the FY 2024
fee rule. Commenters raised concerns with the agency's budgeting
process and making changes to future budgets, and on the NRC's overall
licensing processes. 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 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 continues to seek improvements and
efficiencies in NRC operations and enhancing the agency's approach to
regulating while maintaining safety and security.
V. Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),\3\ the NRC has prepared a regulatory flexibility analysis
related to this final rule. The regulatory flexibility analysis is
available as indicated in the ``Availability of Documents'' section of
this document.
---------------------------------------------------------------------------
\3\ 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 2024
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 and issue finality
provisions, Sec. Sec. 50.109, ``Backfitting''; 52.39, ``Finality of
early site permit determinations''; 52.63, ``Finality of standard
design certifications''; 52.83, ``Finality of referenced NRC approvals;
partial initial decision on site suitability''; 52.98, ``Finality of
combined licenses; information requests''; 52.145, ``Finality of
standard design approvals; information requests''; 52.171, ``Finality
of manufacturing licenses; information requests''; and 70.76,
``Backfitting,'' do 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 Sec. 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 any new or amended collections of
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501, et seq.). Existing collections of information were approved by
OMB, approval number 3150-0190.
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). OMB has found it to be a major rule as
defined in the Congressional Review Act.
[[Page 51809]]
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 2024 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 2023 fee
rule. The compliance guide was developed when the NRC completed the
small entity biennial review for FY 2023. The NRC plans to continue to
use this compliance guide for FY 2024 and has relabeled the compliance
guide to reflect the current FY. This compliance guide is available as
indicated in the ``Availability of Documents'' section 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.
------------------------------------------------------------------------
ADAMS Accession No./FR
Documents citation/web link
------------------------------------------------------------------------
NUREG-1100, Volume 39, ``Congressional ML23069A000.
Budget Justification: Fiscal Year 2024''
(March 2023).
FY 2024 Final Rule Work Papers............. ML24155A214.
OMB Circular A-25, ``User Charges''........ https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-025.pdf.
SECY-05-0164, ``Annual Fee Calculation ML052580332.
Method,'' dated September 15, 2005.
``Revision of Fee Schedules; Fee Recovery 80 FR 37432.
for Fiscal Year 2015,'' dated June 30,
2015.
``Variable Annual Fee Structure for Small 81 FR 32617.
Modular Reactors,'' dated May 24, 2016.
``Revision of Fee Schedules; Fee Recovery 88 FR 39120.
for FY 2023,'' dated June 15, 2023.
``Revision of Fee Schedules; 100% Fee 64 FR 31448.
Recovery for FY 1999,'' dated June 10,
1999.
Revision of Fee Schedules; Fee Recovery for 67 FR 42612.
FY 2002,'' dated June 24, 2002.
``Revision of Fee Schedules; Fee Recovery 71 FR 30722.
for FY 2006,'' dated May 30, 2006.
FY 2024 Regulatory Flexibility Analysis.... ML24123A027.
FY 2024 U.S. Nuclear Regulatory Commission ML23342A134.
Small Entity Compliance Guide.
``Plain Language in Government Writing,'' 63 FR 31885.
dated June 10, 1998.
------------------------------------------------------------------------
List of Subjects
10 CFR Part 2
Administrative practice and procedure, Antitrust, Byproduct
material, Classified information, Confidential business information,
Freedom of information, Environmental protection, Hazardous waste,
Nuclear energy, Nuclear materials, Nuclear power plants and reactors,
Penalties, Reporting and recordkeeping requirements, Sex
discrimination, Source material, Special nuclear material, Waste
treatment and disposal.
10 CFR Part 15
Administrative practice and procedure, Claims, Debt collection.
10 CFR Part 37
Byproduct material, Criminal penalties, Exports, Hazardous
materials transportation, Imports, Licensed material, Nuclear
materials, Penalties, Radioactive materials, Reporting and
recordkeeping requirements, Security measures.
10 CFR Part 73
Criminal penalties, Exports, Hazardous materials transportation,
Imports, Nuclear energy, Nuclear materials, Nuclear power plants and
reactors, Penalties, Reporting and recordkeeping requirements, Security
measures.
10 CFR Part 110
Administrative practice and procedure, Classified information,
Criminal penalties, Exports, Intergovernmental relations, Nuclear
energy, Nuclear materials, Nuclear power plants and reactors,
Penalties, Reporting and recordkeeping requirements, Scientific
equipment.
10 CFR Part 140
Insurance, Intergovernmental relations, Nuclear materials, Nuclear
power plants and reactors, Penalties, Reporting and recordkeeping
requirements.
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 making
the following amendments to 10 CFR parts 2, 15, 37, 73, 110, 140, 170
and 171:
PART 2--AGENCY RULES OF PRACTICE AND PROCEDURE
0
1. The authority citation for part 2 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81,
102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42
U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201,
2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy
Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846);
Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42
U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act
(5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy
Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j)
also issued under 28 U.S.C. 2461 note.
0
2. In Sec. 2.205, revise paragraph (i) to read as follows.
[[Page 51810]]
Sec. 2.205 Civil Penalties.
* * * * *
(i) Except when payment is made after compromise or mitigation by
the Department of Justice or as ordered by a court of the United
States, following reference of the matter to the Attorney General for
collection, payment of civil penalties imposed under section 234 of the
Act are to be made payable to the U.S. Nuclear Regulatory Commission,
in U.S. funds. The payments are to be made by electronic fund transfer
using the electronic payment methods accepted at www.Pay.gov. Federal
agencies may also make payments by Intra-Governmental Payment and
Collection (IPAC). All payments are to be made in accordance with the
specific payment instructions provided with Notices of Violation that
propose civil penalties and Orders Imposing Civil Monetary Penalties.
* * * * *
PART 15--DEBT COLLECTION PROCEDURES
0
3. 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
4. In Sec. 15.35, revise paragraph (c) introductory text to read as
follows:
Sec. 15.35 Payments.
* * * * *
(c) To whom payment is made. Payment of a debt is to be made
payable to the U.S. Nuclear Regulatory Commission. The payments are to
be made in U.S. funds using the electronic payment methods accepted at
www.Pay.gov. Federal agencies may also make payment by Intra
Governmental Payment and Collection (IPAC). Payments should be made to
the U.S. Nuclear Regulatory Commission unless payment is--
* * * * *
PART 37--PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2
QUANTITIES OF RADIOACTIVE MATERIAL
0
5. The authority citation for part 37 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 53, 81, 103,
104, 147, 148, 149, 161, 182, 183, 223, 234, 274 (42 U.S.C. 2014,
2073, 2111, 2133, 2134, 2167, 2168, 2169, 2201, 2232, 2233, 2273,
2282, 2021); Energy Reorganization Act of 1974, secs. 201, 202 (42
U.S.C. 5841, 5842); 44 U.S.C. 3504 note.
0
6. In Sec. 37.27, revise paragraph (c)(2) to read as follows:
Sec. 37.27 Requirements for criminal history records checks of
individuals granted unescorted access to category 1 or category 2
quantities of radioactive material.
* * * * *
(c) * * *
(2) Fees for the processing of fingerprint checks are due upon
application. Licensees shall submit payment made payable to the U.S.
Nuclear Regulatory Commission. The payments are to be made in U.S.
funds using the electronic payment methods accepted at www.Pay.gov. For
guidance on making electronic payments, contact the Division of
Physical and Cyber Security Policy by emailing
[email protected]. Combined payment for multiple applications
is acceptable. The Commission publishes the amount of the fingerprint
check application fee on the NRC's public website. (To find the current
fee amount, go to the Licensee Criminal History Records Checks &
Firearms Background Check information page at https://www.nrc.gov/security/chp.html and see the link for How do I determine how much to
pay for the request?)
* * * * *
PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS
0
7. The authority citation for part 73 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 53, 147, 149, 161,
161A, 170D, 170E, 170H, 170I, 223, 229, 234, 1701 (42 U.S.C. 2073,
2167, 2169, 2201, 2201a, 2210d, 2210e, 2210h, 2210i, 2273, 2278a,
2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42
U.S.C. 5841, 5842); Nuclear Waste Policy Act of 1982, secs. 135, 141
(42 U.S.C. 10155, 10161); 44 U.S.C. 3504 note.
Section 73.37(b)(2) also issued under Sec. 301, Public Law 96-
295, 94 Stat. 789 (42 U.S.C. 5841 note).
0
8. In Sec. 73.17, revise paragraph (m)(1) to read as follows:
Sec. 73.17 Firearms background checks for armed security personnel.
* * * * *
(m) * * *
(1) Fees for the processing of firearms background checks are due
upon application. The fee for the processing of a firearms background
check consists of a fingerprint fee and a NICS check fee. Licensees
must submit payment with the application for the processing of
fingerprints, and payment must be made payable to the U.S. Nuclear
Regulatory Commission. The payments are to be made in U.S. funds using
the electronic payment methods accepted at www.Pay.gov. Licensees can
find fee information for firearms background checks on the NRC's public
website at https://www.nrc.gov/security/chp.html.
* * * * *
0
9. In Sec. 73.57, revise paragraph (d)(3)(i) to read as follows:
Sec. 73.57 Requirements for criminal history records checks of
individuals granted unescorted access to a nuclear power facility, a
non-power reactor, or access to Safeguards Information.
* * * * *
(d) * * *
(3) * * *
(i) Fees for the processing of fingerprint checks are due upon
application. Licensees shall submit payment with the application for
the processing of fingerprints, and payment must be made payable to the
U.S. Nuclear Regulatory Commission. The payments are to be made in U.S.
funds using the electronic payment methods accepted at www.Pay.gov.
(For guidance on making payments, contact the Criminal history Program,
Division of Physical and Cyber Security Policy at 301-415-7513).
Combined payment for multiple applications is acceptable.
* * * * *
PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
0
10. The authority citation for part 110 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 51, 53, 54, 57,
62, 63, 64, 65, 81, 82, 103, 104, 109, 111, 121, 122, 123, 124, 126,
127, 128, 129, 133, 134, 161, 170H, 181, 182, 183, 184, 186, 187,
189, 223, 234 (42 U.S.C. 2014, 2071, 2073, 2074, 2077, 2092, 2093,
2094, 2095, 2111, 2112, 2133, 2134, 2139, 2141, 2151, 2152, 2153,
2154, 2155, 2156, 2157, 2158, 2160c, 2160d, 2201, 2210h, 2231, 2232,
2233, 2234, 2236, 2237, 2239, 2273, 2282); Energy Reorganization Act
of 1974, sec. 201 (42 U.S.C. 5841); Administrative Procedure Act (5
U.S.C. 552, 553); 42 U.S.C. 2139a, 2155a; 44 U.S.C. 3504 note.
Section 110.1(b) also issued under 22 U.S.C. 2403; 22 U.S.C. 2778a;
50 App. U.S.C. 2401 et seq.
0
11. In Sec. 110.64, revise paragraph (e) to read as follows:
Sec. 110.64 Civil penalty.
* * * * *
(e) Except when the matter has been referred to the Attorney
General for collection, payment of penalties shall be made in U.S.
funds using the electronic
[[Page 51811]]
payment methods accepted at www.Pay.gov.
* * * * *
PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY
AGREEMENTS
0
12. The authority citation for part 140 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 161, 170, 223, 234
(42 U.S.C. 2201, 2210, 2273, 2282); Energy Reorganization Act of
1974, secs. 201, 202 (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note.
0
13. In Sec. 140.7, revise paragraph (d) to read as follows:
Sec. 140.7 Fees.
* * * * *
(d) Indemnity fee payments are to made payable to the U.S. Nuclear
Regulatory Commission. The payments are to be made in U.S. funds using
the electronic payment methods accepted at www.Pay.gov. Federal
agencies may also make payments by Intra-Governmental Payment and
Collection (IPAC). Specific instructions for making payments may be
obtained by contacting the Office of the Chief Financial Officer at
301-415-7554.
PART 170--FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT
LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT
OF 1954, AS AMENDED
0
14. The authority citation for part 170 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 161(w) (42
U.S.C. 2014, 2201(w)); Energy Reorganization Act of 1974, sec. 201
(42 U.S.C. 5841); 42 U.S.C. 2215; 31 U.S.C. 901, 902, 9701; 44
U.S.C. 3504 note.
0
15. In Sec. 170.12, revise paragraph (f) to read as follows:
Sec. 170.12 Payment of Fees.
* * * * *
(f) Method of payment. All fee payments under this part are to be
made payable to the U.S. Nuclear Regulatory Commission. The payments
are to be made in U.S. funds using the electronic payment methods
accepted at www.Pay.gov. Specific instructions for making payments may
be obtained by contacting the Office of the Chief Financial Officer at
301-415-7554. In accordance with Department of the Treasury
requirements, refunds will only be made upon receipt of information on
the payee's financial institution and bank accounts.
* * * * *
Sec. 170.20 [Amended]
0
16. In Sec. 170.20, remove the dollar amount ``$300'' and add in its
place the dollar amount ``$317''.
0
17. In Sec. 170.31, revise table 1 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 Material Full Cost.
(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 operations Full Cost.
\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, 21131, 21133].
B. Licenses for receipt and storage of Full Cost.
spent fuel and reactor-related Greater
than Class C (GTCC) waste at an
independent spent fuel storage
installation (ISFSI).\6\ [Program
Code(s): 23200].
C. Licenses for possession and use of $1,500.
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].
D. All other special nuclear material $2,900.
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, 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 of Full Cost.
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 of Full Cost.
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].
[[Page 51812]]
B. Licenses which authorize the $1,400.
possession, use, and/or installation of
source material for shielding.\7\ \8\
Application [Program Code(s): 11210].
C. Licenses to distribute items containing $6,800.
source material to persons exempt from
the licensing requirements of part 40 of
this chapter. Application [Program
Code(s): 11240].
D. Licenses to distribute source material $3,100.
to persons generally licensed under part
40 of this chapter. Application [Program
Code(s): 11230, 11231].
E. Licenses for possession and use of $3,000.
source material for processing or
manufacturing of products or materials
containing source material for commercial
distribution. Application [Program
Code(s): 11710].
F. All other source material licenses. $3,000.
Application [Program Code(s): 11200,
11220, 11221, 11300, 11800, 11810, 11820].
3. Byproduct material: \11\
A. Licenses of broad scope for the $14,800.
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, 03212, 03213].
(1). Licenses of broad scope for the $19,700.
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): 04010, 04012, 04014].
(2). Licenses of broad scope for the $24,600.
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): 04011, 04013,
04015].
B. Other licenses for possession and use $4,100.
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,
03215, 22135, 22162].
(1). Other licenses for possession and $5,400.
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): 04110, 04112,
04114, 04116].
(2). Other licenses for possession and $6,800.
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): 04111,
04113, 04115, 04117].
C. Licenses issued under Sec. Sec. $5,900.
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,
02511, 02513].
(1). Licenses issued under Sec. Sec. $7,900.
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): 04210, 04212,
04214].
(2). Licenses issued under Sec. Sec. $9,800.
32.72 and/or 32.74 of this chapter
that authorize the processing or
manufacturing and distribution or
redistribution of
radiopharmaceuticals, generators,
reagent kits, and/or sources and
devices containing byproduct
material. This category does not
apply to licenses issued to nonprofit
educational institutions whose
processing or manufacturing is exempt
under Sec. 170.11(a)(4). Number of
locations of use: more than 20.
Application [Program Code(s): 04211,
04213, 04215].
D. [Reserved]............................. N/A.
E. Licenses for possession and use of $3,600.
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, 03520].
F. Licenses for possession and use of less $7,400.
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].
G. Licenses for possession and use of $70,700.
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].
H. Licenses issued under subpart A of part $7,600.
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, 03255, 03257].
I. Licenses issued under subpart A of part $11,700.
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,
03251, 03253, 03256].
J. Licenses issued under subpart B of part $2,300.
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,
03241, 03243].
[[Page 51813]]
K. Licenses issued under subpart B of part $1,300.
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,
03244].
L. Licenses of broad scope for possession $6,200.
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, 01110, 01120,
03610, 03611, 03612, 03613].
(1) Licenses of broad scope for $8,300.
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): 04610, 04612,
04614, 04616, 04618, 04620, 04622].
(2) Licenses of broad scope for $10,400.
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): 04611,
04613, 04615, 04617, 04619, 04621,
04623].
M. Other licenses for possession and use $9,400.
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].
N. Licenses that authorize services for $10,100.
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.\13\ Application [Program
Code(s): 03219, 03225, 03226].
O. Licenses for possession and use of $11,500.
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, 03320].
(1). Licenses for possession and use $15,300.
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): 04310,
04312].
(2). Licenses for possession and use $19,200.
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):
04311, 04313].
P. All other specific byproduct material $7,800.
licenses, except those in Categories 4.A.
through 9.D.\9\ Number of locations of
use: 1-5. Application [Program Code(s):
02400, 02410, 03120, 03121, 03122, 03123,
03124, 03130, 03140, 03220, 03221, 03222,
03800, 03810, 22130].
(1). All other specific byproduct $10,400.
material licenses, except those in
Categories 4.A. through 9.D.\9\
Number of locations of use: 6-20.
Application [Program Code(s): 04410,
04412, 04414, 04416, 04418, 04420,
04422, 04424, 04426, 04428, 04430,
04432, 04434, 04436, 04438].
(2). All other specific byproduct $13,000.
material licenses, except those in
Categories 4.A. through 9.D.\9\
Number of locations of use: more than
20. Application [Program Code(s):
04411, 04413, 04415, 04417, 04419,
04421, 04423, 04425, 04427, 04429,
04431, 04433, 04435, 04437, 04439].
Q. Registration of a device(s) generally $2,200.
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 $2,900.
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): 02700].
2. Possession of quantities exceeding $2,800.
10 times the number of items or
limits specified in Sec.
31.12(a)(4) or (5) of this chapter.
Application [Program Code(s): 02710].
S. Licenses for production of accelerator- $16,200.
produced radionuclides. Application
[Program Code(s): 03210].
4. Waste disposal and processing: \11\
A. Licenses specifically authorizing the Full Cost.
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, 03233, 03236,
06100, 06101].
B. Licenses specifically authorizing the $7,900.
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].
C. Licenses specifically authorizing the $5,700.
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. Well logging: \11\
A. Licenses for possession and use of $5,200.
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,
03111, 03112].
B. Licenses for possession and use of Full Cost.
byproduct material for field flooding
tracer studies. Licensing [Program
Code(s): 03113].
6. Nuclear laundries:\11\
A. Licenses for commercial collection and $25,200.
laundry of items contaminated with
byproduct material, source material, or
special nuclear material. Application
[Program Code(s): 03218].
7. Medical licenses: \11\
A. Licenses issued under parts 30, 35, 40, $12,700.
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. 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): 02300, 02310].
[[Page 51814]]
(1). Licenses issued under parts 30, $16,800.
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. 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):
04510, 04512].
(2). Licenses issued under parts 30, $21,000.
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. 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): 04511, 04513].
B. Licenses of broad scope issued to $9,900.
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].
(1). Licenses of broad scope issued to $13,100.
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): 04710].
(2). Licenses of broad scope issued to $16,400.
medical institutions or two or more
physicians under parts 30, 33, 35,
40, and 70 of this chapter
authorizing research and development,
including human use of byproduct
material, except licenses for
byproduct material, source material,
or special nuclear material in sealed
sources contained in teletherapy
devices. This category also includes
the possession and use of source
material for shielding when
authorized on the same license.
Number of locations of use: more than
20. Application [Program Code(s):
04711].
C. Other licenses issued under parts 30, $10,800.
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. This
category also includes the possession and
use of source material for shielding when
authorized on the same license.\10\
Number of locations of use: 1-5.
Application [Program Code(s): 02120,
02121, 02200, 02201, 02210, 02220, 02230,
02231, 02240, 22160].
(1). Other licenses issued under parts $14,400.
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. This category also includes
the possession and use of source
material for shielding when
authorized on the same license.\10\
Number of locations of use: 6-20.
Application [Program Code(s): 04810,
04812, 04814, 04816, 04818, 04820,
04822, 04824, 04826, 04828].
(2). Other licenses issued under parts $18,000.
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. This category also includes
the possession and use of source
material for shielding when
authorized on the same license.\10\
Number of locations of use: more than
20. Application [Program Code(s):
04811,04813, 04815, 04817, 04819,
04821,04823, 04825, 04827, 04829].
8. Civil defense: \11\
A. Licenses for possession and use of $2,900.
byproduct material, source material, or
special nuclear material for civil
defense activities. Application [Program
Code(s): 03710].
9. Device, product, or sealed source safety
evaluation:
A. Safety evaluation of devices or $23,200.
products containing byproduct material,
source material, or special nuclear
material, except reactor fuel devices,
for commercial distribution. Application--
each device.
B. Safety evaluation of devices or $10,300.
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.
C. Safety evaluation of sealed sources $6,000.
containing byproduct material, source
material, or special nuclear material,
except reactor fuel, for commercial
distribution. Application--each source.
D. Safety evaluation of sealed sources $1,200.
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.
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.
Inspections....................... Full Cost.
2. Users..............................
Application.......................
Inspections....................... Full Cost.
C. Evaluation of security plans, route Full Cost.
approvals, route surveys, and
transportation security devices
(including immobilization devices).
11. Review of standardized spent fuel Full Cost.
facilities.
12. Special projects: Including approvals, pre- Full Cost.
application/licensing activities, and
inspections. Application [Program Code:
25110].
[[Page 51815]]
13. A. Spent fuel storage cask Certificate of Full Cost.
Compliance.
B. Inspections related to storage of spent Full Cost.
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: \12\
Licenses issued under part 110 of this chapter
for the import and export only of special
nuclear material, source material, tritium
and other byproduct material, and the export
only of heavy water, or nuclear grade
graphite (fee categories 15.A. through
15.E.).
A. Application for export or import of N/A.
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 amendment;
or license exemption request.
B. Application for export or import of N/A.
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
amendment; or license exemption request.
C. Application for export of nuclear N/A.
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 amendment;
or license exemption request.
D. Application for export or import of N/A.
nuclear material not requiring Commission
or Executive Branch review, or obtaining
foreign government assurances.
Application--new license, or amendment;
or license exemption request.
E. Minor amendment of any active export or N/A.
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 N/A.
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 amendment;
or license exemption request.
G. Application for export of appendix P N/A.
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 amendment; or license exemption
request.
H. Application for export of appendix P N/A.
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 amendment; or license exemption
request.
I. Requests for each additional government- N/A.
to-government consent in support of an
export license application or active
export license. Application--new license,
or amendment; or license exemption
request.
Category 2 (Appendix P, 10 CFR part 110)
Exports:
J. Application for export of appendix P N/A.
Category 2 materials requiring Commission
review (e.g., exceptional circumstance
review under Sec. 110.42(e)(4) of this
chapter). Application--new license, or
amendment; or license exemption request.
K. Applications for export of appendix P N/A.
Category 2 materials requiring Executive
Branch review. Application--new license,
or amendment; or license exemption
request.
L. Application for the export of Category N/A.
2 materials. Application--new license, or
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 N/A.
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.
16. Reciprocity:
Agreement State licensees who conduct $3,800.
activities under the reciprocity
provisions of Sec. 150.20 of this
chapter. Application.
17. Master materials licenses of broad Full Cost.
scope issued to Government agencies.
Application [Program Code(s): 03614].
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).
[[Page 51816]]
B. Uranium Mill Tailings Radiation Control Full Cost.
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.
\12\ Because the resources for import and export licensing activities
are identified as a fee-relief activity to be excluded from the fee-
recoverable budget, import and export licensing actions will not incur
fees.
\13\ 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.
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
18. The authority citation for part 171 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 161(w), 223, 234
(42 U.S.C. 2014, 2201(w), 2273, 2282); Energy Reorganization Act of
1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2215; 44 U.S.C. 3504
note.
0
19. In Sec. 171.15, revise paragraphs (b)(1), (b)(2) introductory
text, (c)(1), (c)(2) introductory text, and paragraph (e) to read as
follows:
Sec. 171.15 Annual fees: Non-power production or utilization
licenses, reactor licenses, and independent spent fuel storage
licenses.
* * * * *
(b)(1) The FY 2024 annual fee for each operating power reactor that
must be collected by September 30, 2024, is $5,336,000.
(2) The FY 2024 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 2024 base annual fee for
operating power reactors are as follows:
* * * * *
(c)(1) The FY 2024 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
[[Page 51817]]
a 10 CFR part 50 license or a 10 CFR part 52 combined license, is
$326,000.
(2) The FY 2024 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 2024 spent fuel storage/
reactor decommissioning rebaselined annual fee are:
* * * * *
(e) The FY 2024 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 $97,200.
0
20. In Sec. 171.16, revise paragraphs (b) introductory text, (c), and
(d) to read as follows:
Sec. 171.16 Annual fees: Materials licensees, holders of certificates
of compliance, holders of sealed source and device registrations,
holders of quality assurance program approvals, and government agencies
licensed by the NRC.
* * * * *
(b) The FY 2024 annual fee is comprised of a base annual fee and
associated additional charges. The base FY 2024 annual fee is the sum
of budgeted costs for the following activities:
* * * * *
(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
NRC small entity classification fee per licensed
category
------------------------------------------------------------------------
Small Businesses Not Engaged in Manufacturing
(Average gross receipts over the last 5 completed
fiscal years):
$555,000 to $8 million........................... $5,200
Less than $555,000............................... 1,000
Small Not-For-Profit Organizations (Annual Gross
Receipts):
$555,000 to $8 million........................... 5,200
Less than $555,000............................... 1,000
Manufacturing Entities that Have an Average of 500
Employees or Fewer:
35 to 500 employees.............................. 5,200
Fewer than 35 employees.......................... 1,000
Small Governmental Jurisdictions (Including publicly
supported educational institutions) (Population):
20,000 to 49,999................................. 5,200
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.............................. 5,200
Fewer than 35 employees.......................... 1,000
------------------------------------------------------------------------
(d) The FY 2024 annual fees for materials licensees and holders of
certificates, registrations, or approvals subject to fees under this
section are shown in table 2 to this paragraph (d):
Table 2 to Paragraph (d)--Schedule of Materials Annual Fees and Fees for
Government Agencies Licensed by NRC
[See footnotes at end of table]
------------------------------------------------------------------------
Annual fees \1\
Category of materials licenses \2\ \3\
------------------------------------------------------------------------
1. Special nuclear material:
A. (1) Licenses for possession and use of U-235
or plutonium for fuel fabrication activities....
(a) Strategic Special Nuclear Material (High $6,412,000
Enriched Uranium) \15\ [Program Code(s):
21213]......................................
(b) Low Enriched Uranium in Dispersible Form 2,173,000
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\ 1,791,000
[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, 21131, 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 3,400
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]
[[Page 51818]]
D. All other special nuclear material licenses, 9,500
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 2,794,000
a uranium enrichment facility \15\ [Program
Code(s): 21200].................................
F. Licenses for possession and use of special 5,900
nuclear materials greater than critical mass, as
defined in Sec. 70.4 of this chapter, for
development and testing of commercial products,
and other non-fuel cycle activities.\4\ [Program
Code: 22155]....................................
2. Source material:
A. (1) Licenses for possession and use of source 1,361,000
material for refining uranium mill concentrates
to uranium hexafluoride or for deconverting
uranium hexafluoride in the production of
uranium oxides for disposal.\15\ [Program Code:
11400]
(2) Licenses for possession and use of source
material in recovery operations such as milling,
in situ recovery, heap-leaching, ore buying
stations, ion-exchange facilities and in-
processing of ores containing source material
for extraction of metals other than uranium or
thorium, including licenses authorizing the
possession of byproduct waste material
(tailings) from source material recovery
operations, as well as licenses authorizing the
possession and maintenance of a facility in a
standby mode....................................
(a) Conventional and Heap Leach N/A
facilities.\15\ [Program Code(s): 11100]....
(b) Basic In Situ Recovery facilities.\15\ 53,200
[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\ \5\N/A
[Program Code(s): 11555]....................
(f) Other facilities \6\ [Program Code(s): \5\ N/A
11700]......................................
(3) Licenses that authorize the receipt of \5\ N/A
byproduct material, as defined in section
11e.(2) of the Atomic Energy Act, from other
persons for possession and disposal, except
those licenses subject to the fees in Category
2.A.(2) or Category 2.A.(4) \15\ [Program
Code(s): 11600, 12000]..........................
(4) Licenses that authorize the receipt of N/A
byproduct material, as defined in section
11e.(2) of the Atomic Energy Act, from other
persons for possession and disposal incidental
to the disposal of the uranium waste tailings
generated by the licensee's milling operations,
except those licenses subject to the fees in
Category 2.A.(2) \15\ [Program Code(s): 12010]..
B. Licenses which authorize the possession, use, 3,700
and/or installation of source material for
shielding.\16\ \17\Application [Program Code(s):
11210]..........................................
C. Licenses to distribute items containing source 14,000
material to persons exempt from the licensing
requirements of part 40 of this chapter.
[Program Code: 11240]...........................
D. Licenses to distribute source material to 6,900
persons generally licensed under part 40 of this
chapter. [Program Code(s): 11230 and 11231].....
E. Licenses for possession and use of source 8,800
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 11,800
Code(s): 11200, 11220, 11221, 11300, 11800,
11810, 11820]...................................
3. Byproduct material:
A. Licenses of broad scope for possession and use 38,000
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. [Program Code(s): 03211,
03212, 03213]...................................
(1). Licenses of broad scope for the 50,500
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. [Program Code(s): 04010, 04012, 04014]..
(2). Licenses of broad scope for the 63,000
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. [Program Code(s): 04011,
04013, 04015]...............................
B. Other licenses for possession and use of 12,900
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 17,100
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 21,400
byproduct material issued under part 30 of
this chapter for processing or manufacturing
of items containing byproduct material for
commercial distribution. Number of locations
of use: more than 20. [Program Code(s):
04111, 04113, 04115, 04117].................
C. Licenses issued under Sec. Sec. 32.72 and/ 12,900
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) of this chapter. Number of
locations of use: 1-5. [Program Code(s): 02500,
02511, 02513]...................................
(1). Licenses issued under Sec. Sec. 32.72 17,200
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: 6-
20. [Program Code(s): 04210, 04212, 04214]..
[[Page 51819]]
(2). Licenses issued under Sec. Sec. 32.72 23,500
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 12,100
material in sealed sources for irradiation of
materials in which the source is not removed
from its shield (self-shielded units). [Program
Code(s): 03510, 03520]..........................
F. Licenses for possession and use of less than 12,500
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 in
which the source is not exposed for irradiation
purposes. [Program Code(s): 03511]..............
G. Licenses for possession and use of greater 105,800
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 in
which the source is not exposed for irradiation
purposes. [Program Code(s): 03521]..............
H. Licenses issued under subpart A of part 32 of 13,000
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 19,200
this chapter to distribute items containing
byproduct material or quantities of byproduct
material that do not require device evaluation
to persons exempt from the licensing
requirements of part 30 of this chapter, except
for specific licenses authorizing redistribution
of items that have been authorized for
distribution to persons exempt from the
licensing requirements of part 30 of this
chapter. [Program Code(s): 03250, 03251, 03253,
03256]..........................................
J. Licenses issued under subpart B of part 32 of 4,900
this chapter to distribute items containing
byproduct material that require sealed source
and/or device review to persons generally
licensed under part 31 of this chapter, except
specific licenses authorizing redistribution of
items that have been authorized for distribution
to persons generally licensed under part 31 of
this chapter. [Program Code(s): 03240, 03241,
03243]..........................................
K. Licenses issued under subpart B of part 32 of 3,700
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 17,600
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. [Program
Code(s): 01100, 01110, 01120, 03610, 03611,
03612, 03613]...................................
(1) Licenses of broad scope for possession 23,400
and 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 29,200
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. [Program Code(s):
04611, 04613, 04615, 04617, 04619, 04621,
04623]......................................
M. Other licenses for possession and use of 18,400
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 20,100
licensees, except: (1) Licenses that authorize
only calibration and/or leak testing services
are subject to the fees specified in fee
Category 3.P.; and (2) Licenses that authorize
waste disposal services are subject to the fees
specified in fee categories 4.A., 4.B., and
4.C.\21\ [Program Code(s): 03219, 03225, 03226].
O. Licenses for possession and use of byproduct 43,700
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 58,500
byproduct material issued under part 34 of
this chapter for industrial radiography
operations. This category also includes the
possession and use of source material for
shielding authorized under part 40 of this
chapter when authorized on the same license.
Number of locations of use: 6-20. [Program
Code(s): 04310, 04312]......................
(2). Licenses for possession and use of 73,100
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 14,600
licenses, 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 19,500
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 24,400
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]...............................
[[Page 51820]]
Q. Registration of devices generally licensed \13\ N/A
under 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 8,400
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 8,700
times 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- 35,300
produced radionuclides. [Program Code(s): 03210]
4. Waste disposal and processing:
A. Licenses specifically authorizing the receipt 27,400
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. [Program Code(s): 03231, 03233, 03236,
06100, 06101]...................................
B. Licenses specifically authorizing the receipt 20,400
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. [Program Code(s): 03234]..............
C. Licenses specifically authorizing the receipt 12,100
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. [Program Code(s): 03232]..............
5. Well logging:
A. Licenses for possession and use of byproduct 16,200
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 39,600
of 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 37,600
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\ \17\ Number of locations of
use: 1-5. [Program Code(s): 02300, 02310].......
(1). Licenses issued under parts 30, 35, 40, 50,000
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. This category also includes
the possession and use of source material
for shielding when authorized on the same
license.\9\ \17\ Number of locations of use:
6-20. [Program Code(s): 04510, 04512].......
(2). Licenses issued under parts 30, 35, 40, 62,500
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. This category also includes
the possession and use of source material
for shielding when authorized on the same
license.\9\ \17\ Number of locations of use:
more than 20. [Program Code(s): 04511,
04513]......................................
B. Licenses of broad scope issued to medical 53,000
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\ \17\ Number of locations of
use: 1-5. [Program Code(s): 02110]..............
(1). Licenses of broad scope issued to 70,600
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.\9\ \17\
Number of locations of use: 6-20. [Program
Code(s): 04710].............................
(2). Licenses of broad scope issued to 88,000
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.\9\ \17\
Number of locations of use: more than 20.
[Program Code(s): 04711]....................
C. Other licenses issued under parts 30, 35, 40, 21,400
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\ \17\ \19\ Number of locations of
use: 1-5. [Program Code(s): 02120, 02121, 02200,
02201, 02210, 02220, 02230, 02231, 02240, 22160]
[[Page 51821]]
(1). Other licenses issued under parts 30, 28,600
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. This
category also includes the possession and
use of source material for shielding when
authorized on the same license.\9\ \17\ \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, 36,600
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. This
category also includes the possession and
use of source material for shielding when
authorized on the same license.\9\ \17\ \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 8,400
material, source material, or special nuclear
material for civil defense activities. [Program
Code(s): 03710].................................
9. Device, product, or sealed source safety
evaluation:
A. Registrations issued for the safety evaluation 29,800
of 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 13,200
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...
C. Registrations issued for the safety evaluation 7,700
of sealed sources containing byproduct material,
source material, or special nuclear material,
except reactor fuel, for commercial distribution
D. Registrations issued for the safety evaluation 1,500
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..................
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 \6\ N/A
plutonium air packages......................
2. Other Casks............................... \6\ N/A
B. Quality assurance program approvals issued
under part 71 of this chapter...................
1. Users and Fabricators..................... \6\ N/A
2. Users..................................... \6\ N/A
C. Evaluation of security plans, route approvals, \6\ N/A
route surveys, and transportation security
devices (including immobilization devices)......
11. Standardized spent fuel facilities............... \6\ N/A
12. Special Projects [Program Code(s): 25110]........ \6\ N/A
13. A. Spent fuel storage cask Certificate of \6\ N/A
Compliance..........................................
B. General licenses for storage of spent fuel \12\ N/A
under 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 457,000
to Government agencies.\15\ [Program Code(s): 03614]
18. Department of Energy:
A. Certificates of Compliance.................... \10\ 2,331,000
B. Uranium Mill Tailings Radiation Control Act 261,000
(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 parts 30, 40, 70, 71, 72, or 76 of this chapter.
\3\ Each FY, fees for these materials licenses will be calculated and
assessed in accordance with Sec. 171.13 and will be published in the
Federal Register for notice and comment.
\4\ Other facilities include licenses for extraction of metals, heavy
metals, and rare earths.
\5\ There are no existing NRC licenses in these fee categories. If NRC
issues a license for these categories, the Commission will consider
establishing an annual fee for this type of license.
\6\ Standardized spent fuel facilities, 10 CFR parts 71 and 72
Certificates of Compliance and related Quality Assurance program
approvals, and special reviews, such as topical reports, are not
assessed an annual fee because the generic costs of regulating these
activities are primarily attributable to users of the designs,
certificates, and topical reports.
[[Page 51822]]
\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 DOE 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.A, 7.A.1, 7.A.2, 7.B, 7.B.1, 7.B.2,
7.C, 7.C.1, or 7.C.2 are not subject to fees under 2.B. for possession
and shielding authorized on the same license.
\18\ Licensees paying fees under 3.N. are not subject to paying fees
under 3.P., 3.P.1, or 3.P.2 for calibration or leak testing services
authorized on the same license.
\19\ Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject
to paying fees under 7.C., 7.C.1, or 7.C.2 for broad scope license
licenses issued under parts 30, 35, 40, and 70 of this chapter for
human use of byproduct material, source material, and/or special
nuclear material, except licenses for byproduct material, source
material, or special nuclear material in sealed sources contained in
teletherapy devices authorized on the same license.
\20\ No annual fee is charged for a materials license (or part of a
materials license) that has transitioned to this fee category because
the decommissioning costs will be recovered through 10 CFR part 170
fees, but annual fees may be charged for other activities authorized
under the license that are not in decommissioning status.
\21\ Licensees paying fees under 4.A., 4.B. or 4.C. are not subject to
paying fees under 3.N. licenses that authorize services for other
licensees authorized on the same license.
* * * * *
0
21. In Sec. 171.19, revise paragraph (a) to read as follows.
Sec. 171.19 Payment.
* * * * *
(a) Method of payment. All annual fee payments under this part are
to be made payable to the U.S. Nuclear Regulatory Commission. The
payments are to be made in U.S. funds using the electronic payment
methods accepted at www.Pay.gov. Federal agencies may also make payment
by IntraGovernmental Payment and Collection (IPAC). Specific
instructions for making payments may be obtained by contacting the
Office of the Chief Financial Officer at 301-415-7554. In accordance
with Department of the Treasury requirements, refunds will only be made
upon receipt of information on the payee's financial institution and
bank accounts.
* * * * *
Dated: June 5, 2024.
For the Nuclear Regulatory Commission.
Jennifer M. Golder,
Acting Chief Financial Officer.
[FR Doc. 2024-13230 Filed 6-18-24; 8:45 am]
BILLING CODE 7590-01-P