[Federal Register Volume 90, Number 32 (Wednesday, February 19, 2025)]
[Proposed Rules]
[Pages 9848-9876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02779]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 90, No. 32 / Wednesday, February 19, 2025 /
Proposed Rules
[[Page 9848]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 170 and 171
[NRC-2023-0069]
RIN 3150-AK95
Fee Schedules; Fee Recovery for Fiscal Year 2025
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend the licensing, inspection, special project, and annual fees
charged to its applicants and licensees. The proposed 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. In
addition, the NRC is proposing amendments to implement a reduced hourly
rate for advanced nuclear reactor applicants and pre-applicants for
certain activities as required by the Accelerating Deployment of
Versatile, Advanced Nuclear for Clean Energy Act of 2024.
DATES: Submit comments by March 21, 2025. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to ensure consideration of only comments received before this
date. Because the Nuclear Energy Innovation and Modernization Act
requires the NRC to collect fees for fiscal year 2025 by September 30,
2025, the NRC must finalize any revisions to its fee schedules
promptly, and thus is unable to grant any extension request of the
comment period.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website:
Federal rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0069. Address
questions about NRC dockets to Helen Chang; telephone: 301-415-3228;
email: [email protected]. For technical questions, contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section of
this proposed rule.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. eastern time, Federal
workdays; telephone: 301-415-1677.
You can read a plain language description of this proposed rule at
https://www.regulations.gov/docket/NRC-2023-0069. For additional
direction on obtaining information and submitting comments, see
``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: William Blaney, Office of the Chief
Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-5092; email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
B. Submitting Comments
II. Background; Statutory Authority
III. Discussion
IV. Regulatory Flexibility Certification
V. Regulatory Analysis
VI. Backfitting and Issue Finality
VII. Plain Writing
VIII. National Environmental Policy Act
IX. Paperwork Reduction Act
X. Voluntary Consensus Standards
XI. Availability of Guidance
XII. Public Meeting
XIII. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2023-0069 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-2023-0069.
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.
B. Submitting Comments
The NRC encourages electronic submission of comments through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2023-0069 in your comment.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include
[[Page 9849]]
identifying or contact information that they do not want to be publicly
disclosed in their comment submission. Your request should state that
the NRC does not routinely edit comment submissions to remove such
information before making the comment submissions available to the
public or entering the comments into ADAMS.
II. Background; Statutory Authority
The NRC's fee regulations are primarily governed by two laws: (1)
the Independent Offices Appropriation Act, 1952 (IOAA) (31 U.S.C.
9701); and (2) 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)
2025, the fee-relief activities identified by the Commission are
consistent with prior fee rules (see table I, ``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.
Additionally, on July 9, 2024, the President signed into law the
Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy
Act of 2024 (ADVANCE Act), which, among other things, amended fee-
related provisions in NEIMA. Specifically, the ADVANCE Act includes
three fee-related provisions and provides an effective date of October
1, 2025 (FY 2026), for each of these provisions: (1) section 101,
``International Nuclear Export and Innovation Activities,'' establishes
a new excluded activity for ``[c]osts for international nuclear export
and innovation activities described in section 101(a)'' of the ADVANCE
Act; (2) section 201, ``Fees for Advanced Nuclear Reactor Application
Review,'' requires a reduced hourly rate for advanced nuclear reactor
applicants and advanced nuclear reactor pre-applicants for certain
activities (Reduced Hourly Rate) and creates new excluded activities
associated with the Reduced Hourly Rate; and (3) section 204,
``Enabling Preparations for the Demonstration of Advanced Nuclear
Reactors on Department of Energy Sites or Critical National Security
Infrastructure Sites,'' establishes two more excluded activities for
costs for application reviews and pre-application activities for an
early site permit to demonstrate an advanced nuclear reactor on a
Department of Energy or ``critical national security infrastructure''
site.
This proposed rule would include revisions to 10 CFR part 170 to
implement section 201 of the ADVANCE Act in preparation for the October
1, 2025 (FY 2026), statutory effective date for the Reduced Hourly
Rate. In short, the NRC would establish two hourly rates: (1) the
professional hourly rate; and (2) the Reduced Hourly Rate for advanced
nuclear reactor applicants and pre-applicants. The professional hourly
rate is expected to be effective in August 2025, and the Reduced Hourly
Rate would take effect separately on October 1, 2025 (FY 2026),
consistent with the statutory effective date. The professional hourly
rate would be the typical full-cost professional hourly rate calculated
using the NRC's established process, as described in Section III, ``FY
2025 Fee Collection--Professional Hourly Rate'' of this document.
Implementation of section 201 Reduced Hourly Rate in the FY 2025 fee
rule would allow for public notice and comment before the October 1,
2025 (FY 2026), statutory effective date; would avoid delays in billing
for advanced nuclear reactor applicants and pre-applicants; and would
also reduce unnecessary burden to the NRC and affected entities while
promoting regulatory transparency, consistency, certainty, and public
engagement. The proposed revisions to 10 CFR part 170 to implement this
proposed policy change are further described in Section II, Discussion,
``FY 2025--Policy Changes,'' of this document.
Because sections 101 and 204 of the ADVANCE Act completely remove
certain activities from the fee-recovery requirement as new excluded
activities effective October 1, 2025 (FY 2026), these provisions do not
present an implementation issue that would benefit from rule changes
being developed in advance of the statutory effective date. As a
result, the NRC plans to propose rule changes to implement sections 101
and 204 of the ADVANCE Act as part of the FY 2026 fee rule, consistent
with the FY 2026 statutory effective date.
III. Discussion
FY 2025 Fee Collection--Overview
The NRC is issuing this FY 2025 proposed fee rule based on the FY
2025 budget request as further described in the NRC's FY 2025
Congressional Budget Justification (CBJ) (NUREG-1100, Volume 40)
because a full-year appropriation has not yet been enacted for FY 2025.
The NRC will adjust the fees described in this proposed rule to reflect
the enacted budget authority for FY 2025. The FY 2025 budget request is
$994.9 million and proposes the use of $20.0 million in carryover to
offset the Nuclear Reactor Safety budget. As a result, the gross budget
authority in the FY 2025 budget request and the total budget authority
used in the FY 2025 proposed fee rule is $974.9 million, which is an
increase of $30.8 million from FY 2024. The increase is primarily to
support salaries and benefits, in accordance with the U.S. Office of
Management and Budget (OMB) guidance.
As explained previously, certain portions of the NRC's total budget
authority are excluded from the fee recovery requirement under section
102(b)(1)(B) of NEIMA. Based on the FY 2025 budget request, these
exclusions total $151.0 million, which is an increase of $13.9 million
from FY 2024. These excluded activities consist of $104.7 million for
fee-relief activities, $19.2 million for advanced reactor regulatory
infrastructure activities, $14.4 million for generic homeland
[[Page 9850]]
security activities, $10.0 million for the University Nuclear
Leadership Program, $1.5 million for IG services for the Defense
Nuclear Facilities Safety Board, and $1.2 million for waste incidental
to reprocessing activities. Table I summarizes the excluded activities
for the FY 2025 proposed fee rule. The FY 2024 amounts are provided for
comparison purposes.
Table I--Excluded Activities
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 Proposed
FY 2024 Final rule rule
------------------------------------------------------------------------
Fee-Relief Activities:
International activities.... 31.1 32.3
Agreement State oversight... 12.5 11.5
Medical isotope production 1.5 0.7
infrastructure.............
Fee exemption for nonprofit 17.7 18.4
educational institutions...
Costs not recovered from 10.5 9.7
small entities under 10 CFR
171.16(c)..................
Regulatory support to 12.0 15.7
Agreement States...........
Generic decommissioning/ 2.7 8.2
reclamation activities (not
related to the operating
power reactors and spent
fuel storage fee classes)..
Uranium recovery program and 5.3 5.2
unregistered general
licensees..................
Potential Department of 0.8 0.8
Defense remediation program
Memorandum of Understanding
activities.................
Non-military radium sites... 0.2 0.2
Minority Serving 2.5 2.0
Institutions Grant Program.
---------------------------------------
Subtotal Fee-Relief 96.8 104.7
Activities.............
Activities under section 16.5 27.1
102(b)(1)(B)(ii) of NEIMA
(Generic Homeland Security
activities, University Nuclear
Leadership Program, Waste
Incidental to Reprocessing
activities, and the Defense
Nuclear Facilities Safety
Board).........................
Advanced reactor regulatory 23.8 19.2
infrastructure activities......
---------------------------------------
Total Excluded Activities... 137.1 151.0
------------------------------------------------------------------------
After accounting for the exclusions from the fee recovery
requirement and net billing adjustments (i.e., for FY 2025 invoices
that the NRC estimates will not be paid during the FY, less payments
received in FY 2025 for prior-year invoices), the NRC estimates that it
must recover approximately $826.1 million in fees in FY 2025. Of this
amount, the NRC estimates that $216.0 million will be recovered through
10 CFR part 170 service fees and approximately $610.1 million will be
recovered through 10 CFR part 171 annual fees. Table II of this
document summarizes the fee recovery amounts for the FY 2025 proposed
fee rule using the FY 2025 budget request and takes into account the
budget authority for excluded activities and net billing adjustments.
For all information presented in the following tables in this proposed
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 actual amounts.
Since a full-year appropriation has not yet been enacted, the FY
2025 proposed fee rule is based on the FY 2025 budget request.
Consistent with the FY 2025 budget request, this proposed rule assumes
the utilization of $20.0 million in carryover to offset the Nuclear
Reactor Safety budget. The FY 2024 amounts are provided for comparison
purposes. If the NRC receives an appropriation providing a different
total budget authority, the final fee rule will reflect the final
appropriation.
Table II--Budget and Fee Recovery Amounts
[Dollars in millions]
------------------------------------------------------------------------
FY 2024 Final FY 2025
rule Proposed rule
------------------------------------------------------------------------
Total Budget Authority.................. $944.1 $974.9
Less Budget Authority for Excluded -137.1 -151.0
Activities.............................
-------------------------------
Balance............................. 807.0 823.9
Fee Recovery Percent.................... 100.0 100.0
-------------------------------
Total Amount to be Recovered........ 807.0 823.9
Less Estimated Amount to be -202.2 -216.0
Recovered through 10 CFR part
170 Fees.......................
Estimated Amount to be Recovered 604.8 608.0
through 10 CFR part 171 Fees...
10 CFR part 171 Billing Adjustments:
Unpaid Current Year Invoices 4.3 4.5
(estimated)........................
Less Payments Received in -3.0 -2.4
Current Year for Previous Year
Invoices (estimated)...........
Adjusted 10 CFR part 171 Annual 606.1 610.1
Fee Collections Required.......
Adjusted Amount to be Recovered through 808.3 826.1
10 CFR parts 170 and 171 Fees..........
------------------------------------------------------------------------
[[Page 9851]]
FY 2025 Fee Collection--Professional Hourly Rate
This section discusses the methodology for calculating the NRC's
typical full-cost hourly rate. The proposed methodology for calculating
the Reduced Hourly Rate is discussed in,'' Section III, Discussion,
``FY 2025--Policy Change,'' of this document.
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). The full costs of fees 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'' will
be determined based on either the professional hourly rate or the
Reduced Hourly Rate, effective October 1, 2025 (FY 2026). 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 generally billed to licensees separately. The
following shows the professional hourly rate calculation:
[GRAPHIC] [TIFF OMITTED] TP19FE25.000
For FY 2025, the NRC is proposing to increase the professional
hourly rate from $317 to $323. The proposed 2.0 percent increase in the
professional hourly rate is primarily due to an approximately $5.4
million increase in resources requested in the FY 2025 budget request.
The FY 2025 CBJ explains that the increase in budgeted resources is
primarily to support the following: (1) non-power reactor construction
permit and operating license applications; (2) the relocation and the
design and construction of the Headquarters Operations Center (HOC)
necessary to exit one of the NRC headquarters buildings before its
lease expiration in November 2027; (3) the development and
implementation of several required IT and cybersecurity measures,
including an Artificial Intelligence (AI) infrastructure to facilitate
the responsible adoption of AI to support efforts related to Executive
Order (E.O.) 14110, ``Safe, Secure, and Trustworthy Development and use
of Artificial Intelligence''; (4) an increase in the fully-costed FTE
rate compared to FY 2024 due to an increase in salaries and benefits to
support Federal pay raises for NRC employees.
In addition, the NRC anticipates a decrease in mission-direct FTEs.
The professional hourly rate is inversely related to the mission-direct
FTE amount; therefore, as the number of mission-direct FTE decrease,
the professional hourly rate may increase. Based on the FY 2025 budget
request, the number of mission-direct FTE is expected to decrease by
approximately 33, primarily due to the following: (1) a reduction in
resources to support license renewal application reviews based on
updated assessment workload projections and an associated budget model
informed by recently completed license renewal application reviews; (2)
a reduction in new reactor pre-application resources informed by the
anticipated application timelines and historical budget execution; (3)
a reduction in oversight activities, including allegations and vendor
inspections; (4) a decrease in research systems analysis activities;
(5) the completion of the NRC's review of the Kairos Power, LLC's
(Kairos) construction permit application for the Hermes 2 test reactor
facilities ahead of schedule; and (6) the completion of the NRC's
review of the Kairos construction permit application for the Hermes 1
test reactor, which was issued on December 12, 2023.
The FY 2025 estimate for annual mission-direct FTE productive hours
is 1,507 hours, which is an increase from 1,500 hours in FY 2024. 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 of this
document shows the professional hourly rate calculation methodology.
The FY 2024 amounts are provided for comparison purposes.
[[Page 9852]]
Table III--Professional Hourly Rate Calculation
[Dollars in millions, except as noted]
------------------------------------------------------------------------
FY 2025 Proposed
FY 2024 Final rule rule
------------------------------------------------------------------------
Mission-Direct Program Salaries $384.4 $371.4
& Benefits.....................
Mission-Indirect Program Support $118.9 $117.8
Agency Support (Corporate $313.6 $333.1
Support and the IG)............
---------------------------------------
Subtotal.................... $816.9 $822.3
Less Offsetting Receipts \1\.... $0.0 0.0
---------------------------------------
Total Budgeted Resources $816.9 $822.3
Included in the
Professional Hourly Rate...
Mission-Direct FTE.............. 1,720.3 1,687.4
Annual Mission-Direct FTE 1,500 1,507
Productive Hours (Whole
numbers).......................
Mission-Direct FTE Converted to 2,580,450 2,542,912
Hours (Mission-Direct FTE
multiplied by Annual Mission-
Direct FTE Productive Hours)...
Professional Hourly Rate (Total $317 $323
Budgeted Resources Included in
Professional Hourly Rate
Divided by Mission-Direct FTE
Converted to Hours) (Whole
Numbers).......................
------------------------------------------------------------------------
FY 2025 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 proposes to amend the flat application fees it charges in
its schedule of fees in Sec. 170.31 to reflect the revised
professional hourly rate of $323. 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 flat fees
by multiplying the average professional staff hours needed to process
the licensing actions by the FY 2025 professional hourly rate.
Biennially, 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. The biennial
review is required by section 205(a) of the Chief Financial Officers
Act of 1990 (31 U.S.C. 902(a)(8)). The NRC performed this review for
the FY 2025 proposed fee rule and will perform this review again for
the FY 2027 proposed fee rule. The biennial review adjustment and the
higher professional hourly rate of $323 are the primary reasons for the
increase in flat application fees (see the work papers).
In order to simplify billing, the NRC rounds these flat fees to a
minimal degree. Specifically, the NRC rounds these flat fees (up or
down) in such a way that ensures both convenience for its stakeholders
and 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 proposed 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 2025 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 2025 Fee Collection--Low-Level Waste Surcharge
The NRC proposes to assess a generic low-level waste (LLW)
surcharge of $4.005 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 regulated by an Agreement
State, rather than the NRC. The NRC proposes to allocate this surcharge
to its licensees based on data available in the U.S. Department of
Energy's (DOE's) Manifest Information Management System. This database
contains information on total LLW volumes disposed of by four generator
classes: academic, industrial, medical, and utility. The ratio of waste
volumes disposed of by these generator classes to total LLW volumes
disposed over a period of time is used to estimate the portion of this
surcharge that will be allocated to the power reactors, fuel
facilities, and the materials users fee classes. The materials users
fee class portion is adjusted to account for the large percentage of
materials licensees that are licensed by the Agreement States rather
than the NRC.
Table IV of this document shows the allocation of the LLW surcharge
and its allocation across the various fee classes.
Table IV--Allocation of LLW Surcharge, FY 2025
[Dollars in millions]
------------------------------------------------------------------------
LLW surcharge
Fee classes -------------------------------
Percent $
------------------------------------------------------------------------
Operating Power Reactors................ 85.0 3.404
Spent Fuel Storage/Reactor 0.0 0.000
Decommissioning........................
Non-Power Production or Utilization 0.0 0.000
Facilities.............................
Fuel Facilities......................... 11.9 0.477
[[Page 9853]]
Materials Users......................... 3.1 0.124
Transportation.......................... 0.0 0.000
Rare Earth Facilities................... 0.0 0.000
Uranium Recovery........................ 0.0 0.000
-------------------------------
Total............................... 100.0 4.005
------------------------------------------------------------------------
FY 2025 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 budgeted resources in detail and then allocating
the budgeted resources to various classes or subclasses of licensees.
Rebaselining also includes updating the number of NRC licensees in its
fee calculation methodology. As shown in Table II above, the NRC
calculates the total amount to be recovered through 10 CFR part 171
annual fees by first taking the annual budget (less the budget
authority for excluded activities) and subtracting the estimated amount
to be recovered through 10 CFR part 170 fees. The NRC then makes
certain billing adjustments to arrive at the total adjusted amount to
be recovered through 10 CFR part 171 fees.
The NRC is proposing revisions to its annual fees in Sec. Sec.
171.15 and 171.16 based on the FY 2025 budget request.
Table V of this document shows the proposed rebaselined fees for FY
2025 for a sample of licensee categories. The FY 2024 amounts are
provided for comparison purposes.
TABLE V--Rebaselined Annual Fees
[Actual dollars]
------------------------------------------------------------------------
FY 2024 final FY 2025 proposed
Class/category of licenses annual fee annual fee
------------------------------------------------------------------------
Operating Power Reactors........ $5,336,000 $5,359,000
+ Spent Fuel Storage/Reactor 326,000 341,000
Decommissioning................
---------------------------------------
Total, Combined Fee......... 5,662,000 5,700,000
Spent Fuel Storage/Reactor 326,000 341,000
Decommissioning................
Non-Power Production or 97,200 124,400
Utilization Facilities.........
High Enriched Uranium Fuel 6,412,000 6,412,000
Facility (Category 1.A.(1)(a)).
Low Enriched Uranium Fuel 2,173,000 2,173,000
Facility (Category 1.A.(1)(b)).
Uranium Enrichment (Category 2,794,000 2,794,000
1.E)...........................
UF6 Conversion and Deconversion 1,361,000 1,361,000
Facility (Category 2.A.(1))....
Basic In Situ Recovery 53,200 51,900
Facilities (Category
2.A.(2)(b))....................
Typical Users:
Radiographers (Category 3O). 43,700 30,600
All Other Specific Byproduct 14,600 15,100
Material Licensees
(Category 3P)..............
Medical Other (Category 7C). 21,400 20,900
Device/Product Safety 29,800 25,900
Evaluation--Broad (Category
9A)........................
------------------------------------------------------------------------
The work papers that support this proposed rule show in detail how
the NRC allocates the budgeted resources for each class of licensees
and calculates the fees.
Paragraphs a. through h. of this section describe the budgeted
resources allocated to each class of licensees and the calculations of
the rebaselined fees. For more information about detailed fee
calculations for each class, please consult the accompanying work
papers for this proposed rule.
a. Operating Power Reactors
The NRC proposes to collect $503.8 million in annual fees from the
operating power reactors fee class in FY 2025, as shown in table VI of
this document. The FY 2024 operating power reactors fees are shown for
comparison purposes.
Table VI--Annual Fee Summary Calculations for Operating Power Reactors
[Dollars in millions]
------------------------------------------------------------------------
FY 2024 final FY 2025
Summary fee calculations rule proposed rule
------------------------------------------------------------------------
Total budgeted resources................ $665.0 $683.6
Less estimated 10 CFR part 170 receipts. -168.3 -185.7
-------------------------------
Net 10 CFR part 171 resources....... 496.7 497.9
[[Page 9854]]
Allocated generic transportation........ 0.7 0.7
Allocated LLW surcharge................. 3.2 3.4
Billing adjustment...................... 1.1 1.8
-------------------------------
Total required annual fee recovery.. 501.6 503.8
Total operating reactors............ 94 94
Annual fee per operating reactor........ $5.336 $5.359
------------------------------------------------------------------------
In comparison to FY 2024, the FY 2025 proposed annual fee for the
operating power reactors fee class is increasing primarily due to an
increase in the budgeted resources requested in the FY 2025 budget
request that are allocated to the operating power reactors fee class.
The increase in the proposed annual fee for the operating power
reactors fee class is offset primarily due to the following: (1) an
anticipated increase in 10 CFR part 170 estimated billings; and (2) the
assumed utilization of $20.0 million in carryover to offset the Nuclear
Reactor Safety budget.\2\
---------------------------------------------------------------------------
\2\ As explained above, the NRC is issuing this FY 2025 proposed
fee rule based on the FY 2025 budget request because a full-year
appropriation has not yet been enacted for FY 2025. If the enacted
budget authority for FY 2025 does not include the assumed
utilization of $20.0 million in carryover to offset the Nuclear
Reactor Safety budget, it is likely that the annual fee for the
operating power reactors fee class could increase more than
proposed.
---------------------------------------------------------------------------
The FY 2025 CBJ explains that the increase in budgeted resources is
primarily to support the following: (1) technical reviews of 10 CFR
part 50 construction permit applications; (2) contract funding for the
mission-critical system changes to the Reactor Program System related
to cybersecurity executive orders and IT infrastructure upgrades to
maintain government-wide standards; and (3) the fully-costed FTE
compared to FY 2024 due to an increase in salaries and benefits.
However, the effect of the increase on the proposed annual fee for
the operating power reactors fee class is offset primarily due to the
assumed use of $20.0 million in carryover to offset the Nuclear Reactor
Safety budget as proposed in the FY 2025 budget request. The increase
in budgeted resources is also mitigated by the following: (1) reduction
in resources to support license renewal application reviews based on
updated assessment workload projections and an associated budget model
informed by recently completed license renewal application reviews; (2)
a reduction in new reactor pre-application resources informed by the
anticipated application timelines and historical budget execution; (3)
a reduction in oversight activities, including allegations and vendor
inspections; and (4) a reduction in research systems analysis
activities.
The 10 CFR part 170 estimated billings are increasing primarily due
to the following: (1) to support operator reactor licensing activities;
and (2) to support the NRC's review of construction permit
applications.
The proposed annual fee is also affected by the following
contributing factors: (1) an increase in the 10 CFR part 171 billing
adjustment due to the timing of invoices issued in FY 2024; and (2) an
increase in the LLW surcharge for the operating power reactors fee
class to support activities related to the coordination of the National
LLW Program, including guidance development.
The proposed fee-recoverable budgeted resources are divided equally
among the 94 licensed operating power reactors, resulting in a proposed
annual fee of $5,359,000 per operating power reactor. Additionally, the
NRC estimates that each licensed operating power reactor will be
assessed the FY 2025 spent fuel storage/reactor decommissioning
proposed annual fee of $341,000 (see table VII of this document and the
discussion that follows). The NRC estimates that the combined FY 2025
proposed annual fee for each operating power reactor will be
$5,700,000.
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 2025 CBJ to increase transparency for stakeholders. The NRC
developed this estimate based on the staff's allocation of the FY 2025
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 2025 CBJ assumed 94 operating power
reactors in FY 2025 and applied various data assumptions from the FY
2023 final fee rule. Based on these allocations and assumptions, the
annual fee for the operating power reactors fee class included in the
FY 2025 CBJ was estimated to be $5.517 million, which is $0.895 million
below the FY 2015 operating power reactors annual fee amount adjusted
for inflation of $6.412 million. Although this proposed rule is based
on the FY 2025 budget request, the assumptions made between budget
formulation and the development of this proposed rule have changed such
that the proposed annual fee for the operating power reactor fee class
is $5.359 million, compared to the estimated $5.517 million in the CBJ.
These changes are primarily due to the increase in the 10 CFR part 170
estimated billings for the proposed annual fee rule compared to the
estimates for 10 CFR part 170 billings at the time of the FY 2025
budget request. The proposed annual fee for the operating power reactor
fee class in this proposed rule is less than the annual fee included in
the FY 2025 budget request, and thus, the FY 2025 proposed annual fee
remains below the FY 2015 operating power reactors fee class annual fee
amount, as adjusted for inflation.
In FY 2016, the NRC amended 10 CFR 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
[[Page 9855]]
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 2025 for this type of licensee.
b. Spent Fuel Storage/Reactor Decommissioning
The NRC proposes to collect $42.3 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 2025, as
shown in table VII of this document. The FY 2024 spent fuel storage/
reactor decommissioning fees are shown for comparison purposes.
Table VII--Annual Fee Summary Calculations for Spent Fuel Storage/
Reactor Decommissioning
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 proposed
Summary fee calculations FY 2024 final rule rule
------------------------------------------------------------------------
Total budgeted resources........ $50.4 $51.3
Less estimated 10 CFR part 170 -12.3 -11.4
receipts.......................
---------------------------------------
Net 10 CFR part 171 38.0 39.9
resources..................
Allocated generic transportation 2.3 2.3
costs..........................
Billing adjustments............. 0.1 0.1
---------------------------------------
Total required annual fee 40.4 42.3
recovery...................
Total spent fuel storage 124 124
facilities.................
Annual fee per facility......... $0.326 $0.341
------------------------------------------------------------------------
In comparison to FY 2024, the FY 2025 proposed annual fee for the
spent fuel storage/reactor decommissioning fee class is increasing
primarily due to an increase in budgeted resources requested in the FY
2025 budget request that are allocated to the fee class and an expected
decrease in 10 CFR part 170 estimated billings.
The increase in budgeted resources is primarily due to the
following: (1) an increase in the fully-costed FTE compared to FY 2024
due to an increase in salaries and benefits; and (2) an expected
increase in decommissioning licensing activities associated with
accelerated decommissioning schedules.
The proposed annual fee is also increasing due to an expected
decrease in the 10 CFR part 170 estimated billings, which in turn is
primarily due to the following: (1) the withdrawal of two license
termination plan applications, including the associated environmental
reviews; (2) a decrease in decommissioning inspection activities at
multiple sites; and (3) a reduction in the number of licensing
activities for storage license renewals. This decrease in estimated
billings is expected to be partially offset by the following: (1) an
increase in hours to support decommissioning licensing actions,
including the review of two delayed license termination plans, one
partial site release, and environmental reviews for multiple sites; (2)
an increase in hours to support inspections for independent spent fuel
storage installation and dry cask storage certificates of compliance
(CoCs) at multiple sites; and (3) an expected increase in the number of
licensing exemption requests for CoCs and independent spent fuel
storage installations.
The required annual fee recovery amount is divided equally among
124 facilities, resulting in a proposed FY 2025 annual fee of $341,000
per facility.
c. Fuel Facilities
The NRC proposes to collect $25.3 million in annual fees from the
fuel facilities fee class in FY 2025, as shown in table VIII of this
document. The FY 2024 fuel facilities fees are shown for comparison
purposes.
Table VIII--Annual Fee Summary Calculations for Fuel Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 proposed
Summary fee calculations FY 2024 final rule rule
------------------------------------------------------------------------
Total budgeted resources........ $30.9 $32.1
Less estimated 10 CFR part 170 -8.7 -10.1
receipts.......................
---------------------------------------
Net 10 CFR part 171 22.2 22.1
resources..................
Allocated generic transportation 2.5 2.7
Allocated LLW surcharge......... 0.4 0.5
Billing adjustments............. 0.1 0.1
---------------------------------------
Total remaining required $25.3 $25.3
annual fee recovery........
------------------------------------------------------------------------
In comparison to FY 2024, the FY 2025 proposed annual fee for the
fuel facilities fee class is estimated to be the same as FY 2024, while
in the FY 2025 budget request (which this proposed rule is based on)
the requested budgeted resources allocated to the fuel facilities fee
class increased. This increase is primarily offset by an expected
increase in the 10 CFR part 170 estimated billings. As a result, there
is no change
[[Page 9856]]
in the proposed annual fee for the fuel facilities fee class compared
to FY 2024.
As discussed in the FY 2025 CBJ, the budgeted resources increased
primarily to support the following: (1) construction inspections at
fuel cycle facilities; and (2) an increase in the fully-costed FTE rate
compared to FY 2024 due to an increase in salaries and benefits.
The 10 CFR part 170 estimated billings are anticipated to increase
in comparison to FY 2024 primarily due to the following: (1) review of
several expected licensing actions, including two for an increase in
enrichment activities that will require environmental assessments; (2)
the continued review of the TRISO-X, LLC, fuel fabrication facility
application; and (3) to support the acceptance review of a new fuel
facility application. This increase is partially offset by the
completion of: (1) the review of the National Institute of Standards
and Technology's (NIST's) license renewal application for possession
and use of special nuclear material; (2) the NRC's review of the Purdue
University license renewal application for possession and use of its
special nuclear material; and (3) the Urenco USA amendment to increase
its enrichment limit to 10 weight per uranium-235.
The proposed increase in the annual fee is also affected by an
increase in the generic transportation surcharge.
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).
In short, 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 of this document). The annual fees are then
distributed across the fee class based on the regulatory effort
assigned by the matrix. The effort factors in the matrix represent
regulatory effort that is not recovered through 10 CFR part 170 fees
(e.g., rulemaking, guidance). Regulatory effort for activities that are
subject to 10 CFR part 170 fees, such as the number of inspections, is
not applicable to the effort factor.
Table IX--Effort Factors for Fuel Facilities, FY 2025
----------------------------------------------------------------------------------------------------------------
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 2025, the total remaining amount of the proposed 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 2025, the total budgeted resources proposed 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, $11.5 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--$0.5 million--
is allocated to each fee category based on its percentage of the total
regulatory effort for both safety and safeguards activities. The
proposed annual fee per licensee is then calculated by dividing the
estimated total allocated budgeted resources for the fee category by
the number of licensees in that fee category. The proposed annual fee
for each facility is summarized in table X of this document.
Table X--Annual Fees for Fuel Facilities
[Actual dollars]
------------------------------------------------------------------------
FY 2024 final FY 2025 proposed
Facility type (fee category) annual fee annual fee
------------------------------------------------------------------------
High Enriched Uranium Fuel $6,412,000 $6,412,000
(1.A.(1)(a))...................
Low Enriched Uranium Fuel 2,173,000 2,173,000
(1.A.(1)(b))...................
Facilities with limited 1,791,000 1,791,000
operations (1.A.(2)(a))........
Gas Centrifuge Enrichment N/A N/A
Demonstration (1.A.(2)(b)).....
Hot Cell (and others) N/A N/A
(1.A.(2)(c))...................
Uranium Enrichment (1.E.)....... 2,794,000 2,794,000
UF6 Conversion and Deconversion 1,361,000 1,361,000
(2.A.(1))......................
------------------------------------------------------------------------
d. Uranium Recovery Facilities
The NRC proposes to collect $0.4 million in annual fees from the
uranium recovery facilities fee class in FY 2025, as shown in table XI
of this document. The FY 2024 uranium recovery facilities fees are
shown for comparison purposes.
[[Page 9857]]
Table XI--Annual Fee Summary Calculations for Uranium Recovery
Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 proposed
Summary fee calculations FY 2024 final rule rule
------------------------------------------------------------------------
Total budgeted resources........ $0.7 $1.8
Less estimated 10 CFR part 170 -0.4 -1.4
receipts.......................
---------------------------------------
Net 10 CFR part 171 0.3 0.4
resources..................
Billing adjustments............. 0.0 0.0
---------------------------------------
Total required annual fee $0.3 $0.4
recovery...................
------------------------------------------------------------------------
In comparison to FY 2024, the total required annual fee recovery
for the fee class is increasing, primarily due to an increase in
budgeted resources requested in the FY 2025 budget request that are
allocated to the fee class. This increase is primarily to support the
NRC's review of license renewal applications. This increase in the
total budgeted resources for the fee class is partially offset by an
expected increase in 10 CFR part 170 estimated billings to support the
NRC's review of license renewal applications for: (1) Crow Butte
Resources, Inc; (2) Powertech USA, Inc.; and (3) CrownPoint. As
discussed in this document, the uranium recovery fee class includes DOE
and non-DOE licensees. Compared to FY 2024, the proposed annual fee
amount for DOE is increasing and the proposed annual fee amount for the
non-DOE licensee is decreasing. The proposed annual fee amount for the
non-DOE licensee is decreasing primarily due to an increase in 10 CFR
part 170 estimated billings to support the NRC's review of license
renewal applications.
The NRC regulates DOE's Title I and Title II activities under the
Uranium Mill Tailings Radiation Control Act (UMTRCA).\3\ The proposed
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. DOE's UMTRCA proposed annual fee is
increasing compared to FY 2024 primarily due to a rise in budgeted
resources for the staff to conduct generic work to: (1) coordinate on
license termination strategies for sites; and (2) address performance
issues related to existing cover systems at mill tailings sites. The
NRC assesses the remaining 90 percent of its budgeted resources to the
remaining licensee in this fee class, which is reflected in table XII.
For additional information, please see the work papers.
---------------------------------------------------------------------------
\3\ Congress established the two programs, Title I and Title II,
under UMTRCA to protect the public and the environment from hazards
associated with uranium milling. The UMTRCA Title I program is for
remedial action at abandoned mill tailings sites where tailings
resulted largely from production of uranium for weapons programs.
The NRC also regulates DOE's UMTRCA Title II program, which is
directed toward uranium mill sites licensed by the NRC or Agreement
States in or after 1978.
Table XII--Costs Recovered Through Annual Fees; Uranium Recovery
Facilities Fee Class
[Actual dollars]
------------------------------------------------------------------------
FY 2024 final FY 2025 proposed
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 $254,846 $346,896
budgeted resources less 10
CFR part 170 receipts......
10 percent of generic/other 5,908 5,763
uranium recovery budgeted
resources..................
---------------------------------------
Total Annual Fee Amount 261,000 353,000
for DOE (rounded)......
Annual Fee Amount for Other
Uranium Recovery Licenses:
90 percent of generic/other 53,169 51,871
uranium recovery budgeted
resources less the amounts
specifically budgeted for
UMTRCA Title I and Title II
activities.................
---------------------------------------
Total Annual Fee Amount 53,169 51,871
for Other Uranium
Recovery Licensees.....
------------------------------------------------------------------------
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
non-DOE licensee, which is a basic ISR facility. Table XIII of this
document displays the benefit factors for the non-DOE licensee in that
fee category.
[[Page 9858]]
Table XIII--Benefit Factors for Uranium Recovery Licenses, 2025
----------------------------------------------------------------------------------------------------------------
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 .............. .............. ..............
(2.A.(2)(c))...................................
Section 11e.(2) disposal incidental to existing 0 .............. .............. ..............
tailings sites (2.A.(4)).......................
---------------------------------------------------------------
Total....................................... 1 190 190 100
----------------------------------------------------------------------------------------------------------------
Given that there is only one non-DOE licensee in the fee class, the
application of the matrix does not result in any adjustment to the
licensee's annual fee. As such, the FY 2025 proposed annual fee for the
remaining non-DOE licensee is $51,900 (rounded), as shown in table XIV
of this document.
Table XIV--Annual Fees for Uranium Recovery Licensees
[Other than DOE]
[Actual dollars]
------------------------------------------------------------------------
FY 2024 final FY 2025 proposed
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 $53,200 $51,900
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 proposes to collect $0.249 million in annual fees from the
non-power production or utilization facilities fee class in FY 2025, as
shown in table XV of this document. The FY 2025 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 2025 proposed
Summary fee calculations FY 2024 final rule rule
------------------------------------------------------------------------
Total budgeted resources........ $3.195 $0.926
Less estimated 10 CFR part 170 -2.963 -0.720
receipts.......................
---------------------------------------
Net 10 CFR part 171 0.233 0.206
resources..................
Allocated generic transportation 0.054 0.040
Billing adjustments............. 0.005 0.002
---------------------------------------
Total required annual fee 0.292 0.249
recovery...................
Total non-power production 3 2
or utilization facilities
licensees..................
---------------------------------------
Total annual fee per $0.097 $0.124
licensee (rounded).....
------------------------------------------------------------------------
In comparison to FY 2024, while the total required annual fee for
the non-power production or utilization facilities fee class decreased,
the total annual fee per licensee is increasing primarily due to a
decrease in the number of licensees in this fee class as a result of
the shutdown of the General Electric (GE) Hitachi Vallecitos Nuclear
Center in FY 2024. That is, the total required annual fee recovery in
this proposed rule is divided equally between the two non-power
production or utilization facility licensees in this fee class rather
than among the three under the FY 2024 final rule, resulting in an
increase in the total annual fee per licensee in comparison.
Compared to FY 2024, the requested budgeted resources in the FY
2025 budget request that are allocated to the fee class decreased
primarily due to the following: (1) the completion of the review of the
Kairos construction permit application for the Hermes 2, Units 1 and 2
test reactors ahead of schedule; and (2) the completion of the review
of the Kairos construction permit for Hermes 1, issued on December 12,
2023. The decrease in budgeted resources is offset by the rise in the
fully-costed FTE rate compared to FY 2024 due to an increase in
salaries and benefits.
The 10 CFR part 170 estimated billings for this fee class are
expected to decrease compared to FY 2024 primarily due to the
following: (1) the shutdown of the GE Hitachi Vallecitos Nuclear Center
in FY 2024; (2) the completion of the NRC's review effort associated
with the NIST fuel damage event and restart; and (3) expected delays in
pre-application audits of construction permit submissions.
The total required annual fee recovery amount is divided equally
among the two non-power production or utilization
[[Page 9859]]
facilities licensees subject to annual fees and results in an FY 2025
proposed annual fee of $124,400 for each licensee.
f. Rare Earth
In FY 2025, the NRC has allocated approximately $0.8 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 is not proposing to assess and collect annual fees in
FY 2025 for this fee class.
g. Materials Users
The NRC proposes to collect $45.1 million in annual fees from
materials users licensed under 10 CFR parts 30, 40, and 70 in FY 2025,
as shown in table XVI of this document. The FY 2024 materials users
fees are shown for comparison purposes.
Table XVI--Annual Fee Summary Calculations for Materials Users
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 proposed
Summary fee calculations FY 2024 final rule rule
------------------------------------------------------------------------
Total budgeted resources for $44.3 $42.8
licensees not regulated by
Agreement States...............
Less estimated 10 CFR part 170 -0.8 -0.8
receipts.......................
---------------------------------------
Net 10 CFR part 171 43.5 42.0
resources..................
Allocated generic transportation 2.6 2.9
LLW surcharge................... 0.1 0.1
Billing adjustments............. 0.1 0.1
---------------------------------------
Total required annual fee $46.3 $45.1
recovery...................
------------------------------------------------------------------------
In comparison to FY 2024, there is a decrease in total budgeted
resources requested in the FY 2025 budget request that are allocated to
the nuclear materials users fee class. This decrease is primarily due
to: (1) a reduction in rulemaking activities; and (2) a reduction in
materials research activities. The decrease in budgeted resources is
offset by an increase in the fully-costed FTE rate compared to FY 2024
due to an increase in salaries and benefits.
This proposed rule would continue to use the NRC's established
methodology for equitably and fairly allocating the proposed total
annual fee of $45.1 million among approximately 2,300 diverse licensees
in the fee class. The NRC continues to calculate the annual fees for
each fee category within this class based on the 10 CFR part 170
application fees and estimated inspection costs for each fee category.
Because the application fees and inspection costs are indicative of the
complexity of the materials license, this approach provides a proxy for
allocating the generic and other regulatory costs to the diverse fee
categories. This fee-calculation method also considers the inspection
frequency (priority), which is indicative of the safety risk and
resulting regulatory costs associated with the categories of licenses.
The methodology for calculating 10 CFR part 171 annual fees for the
various categories of materials users in this fee class includes using
a formula that is described in detail in the work papers. This formula
considers application fees, inspection costs, inspection priority (or
frequency), and unique category costs.
At a high-level, this formula includes three main components (1)
recovery of general costs, (2) recovery of inspection costs, and (3)
unique category costs. The proposed total annual fee recovery of $45.1
million for FY 2025, as shown in table XVI of this document, consists
of $35.2 million for general costs (including the allocated generic
transportation costs), and $9.8 million for inspection costs; there are
no unique category costs for any fee categories in FY 2025. As part of
calculating the recovery for the general costs and inspection costs,
respectively, the NRC derives two multipliers: the constant multiplier
and the inspection multiplier. Additional information concerning this
formula can be found in the work papers.
A constant multiplier is established to recover the total general
costs for the fee class (estimated to be $35.2 million in FY 2025). To
derive the constant multiplier, the general cost amount is divided by
the sum of all fee categories (application fee plus the average
inspection cost divided by inspection priority) then multiplied by the
number of licensees. The average inspection cost is the average
inspection hours for each fee category multiplied by the FY 2025
proposed professional hourly rate of $323. The inspection priority is
the interval between routine inspections, expressed in years. This
calculation results in a proposed constant multiplier of 1.28 for FY
2025.
The inspection multiplier is established to recover inspection
costs for the fee class (estimated to be $9.8 million in FY 2025). To
derive the inspection multiplier, the inspection costs for the fee
class is divided by the sum of all fee categories (average inspection
cost divided by inspection priority) then multiplied by the number of
licensees. This calculation results in a proposed inspection multiplier
of 1.88 for FY 2025.
Additionally, the unique category costs would recover costs unique
to a particular fee category in FY 2025. As stated above, there are no
unique category costs for FY 2025.
The FY 2025 proposed total annual fee recovery of $45.1 million for
the materials users fee class also includes approximately $0.1 million
in LLW surcharge costs (see table IV, ``Allocation of LLW Surcharge, FY
2025,'' of this document). The LLW surcharge costs for the fee class
are not included in the above-described formula; rather, the surcharge
amount for the fee class is divided by the number of licensees and then
assessed to each licensee. See the work papers for the LLW surcharge
amount per licensee.
Based on the above-described calculations, overall, the proposed
total annual fee recovery expected for the material users fee class is
decreasing compared to FY 2024. For the individual categories within
the fee class, the FY 2025 proposed annual fees for 8 fee categories
are decreasing compared to FY 2024. The FY 2025 proposed annual fees
for 48 fee categories are increasing compared to FY 2024. The proposed
increase for these 48 fee categories is primarily due to the following:
(1) a decrease in the number of materials users licensees within those
fee categories; and (2) an increase in the average inspection cost
[[Page 9860]]
for these fee categories; the increase in the average inspection cost
is due to an increase in the inspection hours for these fee categories
based on the NRC's biennial review of inspection hours. The proposed
annual fee for each fee category is shown in the proposed revision to
Sec. 171.16(d).
h. Transportation
The NRC proposes to collect $2.6 million in annual fees to recover
generic transportation budgeted resources in FY 2025, as shown in table
XVII of this document. The FY 2024 fees are shown for comparison
purposes.
Table XVII--Annual Fee Summary Calculations for Transportation
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 proposed
Summary fee calculations FY 2024 final rule rule
------------------------------------------------------------------------
Total budgeted resources........ $13.0 $14.3
Less estimated 10 CFR part 170 -2.4 -3.1
receipts.......................
---------------------------------------
Net 10 CFR part 171 10.6 11.2
resources..................
Less generic transportation -8.2 -8.6
resources......................
Billing adjustments............. 0.0 0.0
---------------------------------------
Total required annual fee $2.3 $2.6
recovery...................
------------------------------------------------------------------------
In comparison to FY 2024, the FY 2025 proposed annual fee for the
transportation fee class is increasing primarily due to an increase in
the budgeted resources requested in the FY 2025 budget request that are
allocated to this fee class. This increase is partially offset by: (1)
an increase in the 10 CFR part 170 estimated billings; and (2) a rise
in the distribution of the generic transportation resources allocated
to other fee classes.
In FY 2025, the budgeted resources increased primarily to support
the following: (1) the licensing of transportation packages for
accident tolerant fuel and high assay low-enrichment uranium; and (2) a
rise in the fully-costed FTE rate compared to FY 2024 due to an
increase in salaries and benefits.
The increase in the proposed annual fee is partially offset by a
rise in the distribution of generic transportation resources allocated
to respective other fee classes resulting from an additional number of
CoCs for FY 2025.
Furthermore, the proposed annual fee is also partially offset by an
increase in the 10 CFR part 170 estimated billings primarily due to the
following: (1) to support the NRC's review of new and amended
transportation packages; and (2) to conduct 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 of this document. 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 two out of 29 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 0.3 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 2025
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
Number of CoCs Allocated generic
Licensee fee class/DOE benefiting fee Percentage of transportation
class or DOE total CoCs resources
----------------------------------------------------------------------------------------------------------------
Materials Users..................................... 25.0 25.9 $2.9
Operating Power Reactors............................ 6.0 6.2 0.7
Spent Fuel Storage/Reactor Decommissioning.......... 20.0 20.8 2.3
Non-Power Production or Utilization Facilities...... 0.3 0.4 0.04
Fuel Facilities..................................... 23.0 23.9 2.7
Subtotal of Generic Transportation Resources........ 74.3 77.2 8.6
DOE................................................. 22.0 22.8 2.6
-----------------------------------------------------------
Total........................................... 96.3 100.0 11.2
----------------------------------------------------------------------------------------------------------------
The NRC assesses an annual fee to DOE based on the 10 CFR part 71
CoCs DOE holds. The NRC, therefore, does not allocate these DOE-related
resources to other licensees' annual fees because these resources
specifically support DOE.
FY 2025--Policy Change
The NRC is proposing one policy change for FY 2025.
[[Page 9861]]
Reduced Hourly Rate for Advanced Nuclear Reactor Applicants and Pre-
Applicants
As previously described in Section II, ``Background; Statutory
Authority'' of this document, section 201 of the ADVANCE Act requires
the NRC to assess a Reduced Hourly Rate for advanced nuclear reactor
applicants and pre-applicants for certain activities. This section
discusses the why, who, what, and how for the NRC's proposal for
implementation of section 201: (1) why is the NRC implementing section
201 in the FY 2025 fee rule; (2) who would qualify for the Reduced
Hourly Rate; (3) what activities would qualify for the Reduced Hourly
Rate; and (4) how is the NRC proposing to calculate the Reduced Hourly
Rate.
a. Why is the NRC implementing section 201 in the FY 2025 fee rule?
The NRC conducts rulemaking to revise its fee regulations on an
annual basis to comply with NEIMA, and the final fee rule for a given
fiscal year is generally expected to be effective in August of that
fiscal year. Due to this timing, the NRC's established process is to
use the effective professional hourly rate from the last final fee rule
to bill for service fees until the new professional hourly rate is
effective. For example, for the majority of FY 2024, the effective
professional hourly rate from the FY 2023 final fee rule ($300 per
hour) was used to bill at quarterly intervals since the FY 2024 final
fee rule was not effective until August 19, 2024.
Because section 201 of the ADVANCE Act becomes effective on October
1, 2025 (FY 2026), certain activities become eligible for the Reduced
Hourly Rate on this date as well. However, the NRC's FY 2026 final fee
rule is not expected to be effective until August 2026. Thus, to wait
to propose fee rule changes to implement section 201 in the FY 2026 fee
rule, the NRC would have to delay billing for activities eligible for
the Reduced Hourly Rate until the FY 2026 final fee rule is effective.
Therefore, the NRC is proposing changes to 10 CFR part 170 in the FY
2025 fee rule to avoid burdens associated with having to delay billing
for activities eligible for the Reduced Hourly Rate, and to allow for
public notice and comment before the October 1, 2025 (FY 2026),
statutory effective date. It also would provide greater regulatory
certainty to external stakeholders for planning and budgeting for
future 10 CFR part 170 service fees for advanced nuclear reactor
applicants and pre-applicants.
b. Who would qualify for the Reduced Hourly Rate?
Section 201 of the ADVANCE Act amends NEIMA to require the NRC to
assess a Reduced Hourly Rate to advanced nuclear reactor applicants and
pre-applicants for certain activities. The ADVANCE Act sunsets the
Reduced Hourly Rate for advanced nuclear reactor pre-applicants on
September 30, 2030. As a result, prior to the September 30, 2030,
sunset, only entities who meet the definition for the term ``advanced
nuclear reactor applicant'' or the term ``advanced nuclear reactor pre-
applicant'' would qualify for the Reduced Hourly Rate; after the
sunset, only advanced nuclear reactor applicants would qualify for the
Reduced Hourly Rate, and pre-applicants would no longer qualify for the
Reduced Hourly Rate.
Section 201 of the ADVANCE Act amends NEIMA to add new definitions
for the terms ``advanced nuclear reactor applicant'' and ``advanced
nuclear reactor pre-applicant.'' These definitions are limited to
provisions in NEIMA and do not alter the meaning of similar terms as
used in other statutes, such as the Atomic Energy Act (AEA), or
regulations implementing statutes other than NEIMA. The definition
added to NEIMA for an advanced nuclear reactor pre-applicant is ``an
entity that has submitted to the [NRC] a licensing project plan for the
purposes of submitting a future application for a license for an
advanced nuclear reactor under the [AEA]'' (Qualifying Licensing
Project Plan).\4\ The definition added to NEIMA for an advanced nuclear
reactor applicant is ``an entity that has submitted to the [NRC] an
application for a license for an advanced nuclear reactor under the
[AEA]'' (Qualifying License Application).\5\ After the NRC grants or
denies the Qualifying License Application or if the application is
withdrawn, the entity would no longer qualify as an advanced nuclear
reactor applicant for that application.
---------------------------------------------------------------------------
\4\ Public Law 118-67, div. B, Sec. 201(a)(3) (to be codified
at 42 U.S.C. 2215 note).
\5\ Public Law 118-67, div. B, Sec. 201(a)(2) (to be codified
at 42 U.S.C. 2215 note).
---------------------------------------------------------------------------
The definitions added to NEIMA for both an advanced nuclear reactor
applicant and an advanced nuclear reactor pre-applicant are not limited
to commercial licenses under AEA section 103. These definitions apply
to any advanced nuclear reactor, as defined by NEIMA section 3(1), for
which an ``application for a license'' is pursued. Although neither
NEIMA nor the ADVANCE Act includes a definition for the term
``license,'' the text of NEIMA demonstrates that for purposes of
NEIMA's provisions, the term ``license'' refers to an initial license
that is not a permit (i.e., an operating license, combined license, and
manufacturing license). NEIMA draws a clear distinction between the
term ``license'' and the terms ``permit,'' ``license amendment,''
``license renewal,'' and ``design certification and approval,'' as
multiple provisions in NEIMA refer to licenses and separately to
permits, license amendments, license renewals, and design
certifications and approvals.
Accordingly, to qualify as an advanced nuclear reactor applicant
under NEIMA, an entity must have submitted a Qualifying License
Application--that is, an application that is both for (1) an advanced
nuclear reactor and (2) a ``license'' as that term is used in NEIMA
(i.e., an operating license, combined license, or manufacturing
license). To qualify as an advanced nuclear reactor pre-applicant under
NEIMA, an entity must have submitted a Qualifying Licensing Project
Plan--that is, ``a licensing project plan for the purposes of
submitting a future application'' that is both for (1) an advanced
nuclear reactor, and (2) a ``license'' as that term is used in NEIMA
(i.e., an operating license, combined license, or manufacturing
license). To be clear, the definition of an advanced nuclear reactor
pre-applicant includes an entity that plans to submit or has submitted
other types of applications, such as an application for a permit or
design certification or approval, if the entity has submitted a
Qualifying Licensing Project Plan.
Consistent with the definitions added by section 201 of the ADVANCE
Act to NEIMA, the NRC proposes to amend Sec. 170.3, ``Definitions,''
to include definitions for the terms ``advanced nuclear reactor
applicant'' and ``advanced nuclear reactor pre-applicant.''
Specifically, the NRC is proposing to define the term ``advanced
nuclear reactor applicant'' in Sec. 170.3, ``Definitions,'' as an
entity that has submitted to the Commission an application that (1) is
for an advanced nuclear reactor as defined in section 3 of NEIMA; (2)
is for an operating license, combined license, or manufacturing license
under the AEA; and (3) is not for an amendment to or renewal of an
existing license. The NRC is proposing to define the term ``advanced
nuclear reactor pre-applicant'' in Sec. 170.3, ``Definitions,'' as an
entity that has submitted to the Commission a licensing project plan
for the purposes of submitting a future application that (1) is for an
advanced nuclear reactor as defined in section 3
[[Page 9862]]
of NEIMA; (2) is for an operating license, combined license, or
manufacturing license under the AEA; and (3) is not for an amendment to
or renewal of an existing license.
c. What activities would qualify for the Reduced Hourly Rate?
Section 201 of the ADVANCE Act amends NEIMA to require the NRC to
assess the Reduced Hourly Rate only for certain activities. For
advanced nuclear reactor applicants, section 201 requires the NRC to
apply the Reduced Hourly Rate for fees assessed ``relating to the
review of [the] submitted application'' (i.e., the NRC review of the
Qualifying License Application). For advanced nuclear reactor pre-
applicants, section 201 requires the NRC to apply the Reduced Hourly
Rate for fees assessed ``relating to the review of submitted materials
as described in the licensing project plan'' (i.e., the Qualifying
Licensing Project Plan). In short, to qualify for the Reduced Hourly
Rate, the activity must relate to the review of a Qualifying License
Application or submitted materials as described in a Qualifying
Licensing Project Plan.
For advanced nuclear reactor pre-applicants, activities must be
encompassed by the Qualifying Licensing Project Plan in order to
qualify for the Reduced Hourly Rate. For example, an entity that has
submitted a construction permit application would qualify as an
advanced nuclear reactor pre-applicant under NEIMA if it has submitted
a licensing project plan for the purposes of submitting a future
application for an operating license under the AEA for an advanced
nuclear reactor as defined in NEIMA, as that would be a Qualifying
Licensing Project Plan. Whether the review of submitted materials
related to such a construction permit application would qualify for the
Reduced Hourly Rate, however, would depend on whether those materials
are encompassed by the Qualifying Licensing Project Plan.
Consistent with the language added by section 201 of the ADVANCE
Act to NEIMA, the NRC is proposing to include language in Sec. 170.20,
``Average cost per professional staff-hour,'' to make clear what
activities would qualify for the Reduced Hourly Rate. Consistent with
the statutory effective date, the NRC is proposing to specify in Sec.
170.20(b)(2) that effective on October 1, 2025 (FY 2026), fees under
Sec. 170.21 relating to the review of the submitted application for
the advanced nuclear reactor applicant will be calculated using the
Reduced Hourly Rate. The NRC is proposing to specify in Sec.
170.20(c)(2) that effective on October 1, 2025 (FY 2026), fees under
Sec. 170.21 relating to the review of submitted materials as described
in the licensing project plan will be calculated using the Reduced
Hourly Rate.
d. How Is the NRC proposing to calculate the Reduced Hourly Rate?
Section 201 of the ADVANCE Act amends NEIMA to specify that the
Reduced Hourly Rate is the FTE rate for mission-direct program salaries
and benefits for the Nuclear Reactor Safety Program, divided by the
productive hours assumption, for that fiscal year. The methodology for
calculating the Reduced Hourly Rate is similar to that of the
professional hourly rate, discussed in Section III, ``FY 2025 Fee
Collection--Professional Hourly Rate,'' but with certain budgeted
resources not included. Under section 201 of the ADVANCE Act, the
Reduced Hourly Rate does not include mission-direct program salaries
and benefits for the Nuclear Materials and Waste Safety Program,
mission-indirect program support for the Nuclear Reactor Safety Program
and the Nuclear Materials and Waste Safety Program, and agency support.
The NRC is proposing to calculate the Reduced Hourly Rate by taking
the budgeted resources for the mission-direct program salaries and
benefits for the Nuclear Reactor Safety Program, then dividing this
total by the mission-direct FTE for the Nuclear Reactor Safety Program
converted to hours. This methodology follows section 201 of the ADVANCE
Act because the FTE rate for mission-direct program salaries and
benefits for the Nuclear Reactor Safety Program is derived by dividing
the budgeted resources for the mission-direct program salaries and
benefits for the Nuclear Reactor Safety Program by the mission-direct
FTE for the Nuclear Reactor Safety Program. The mission-direct FTE for
the Nuclear Reactor Safety Program converted to hours is the product of
the mission-direct FTE for the Nuclear Reactor Safety Program
multiplied by the estimated annual mission-direct FTE productive hours.
The productive hours assumption refers to the estimated annual mission-
direct FTE productive hours.
The following shows the proposed Reduced Hourly Rate calculation:
[GRAPHIC] [TIFF OMITTED] TP19FE25.001
Thus, the proposed Reduced Hourly Rate is $146 per hour and
represents an over 50 percent reduction from the full-cost professional
hourly rate of $323 per hour. The following table shows the proposed
Reduced Hourly Rate calculation methodology.
Reduced Hourly Rate Calculation
[Dollars in millions, except as noted]
------------------------------------------------------------------------
FY 2025 proposed
rule
------------------------------------------------------------------------
Mission-Direct Budgeted Resources for the Nuclear $289.0
Reactor Safety Program.............................
Mission-Direct FTE for the Nuclear Reactor Safety 1,309.3
Program............................................
Annual Mission-Direct FTE Productive Hours (Whole 1,507
numbers)...........................................
Mission-Direct FTE for the Nuclear Reactor Safety 1,973,115
Program Converted to Hours (Mission-Direct FTE for
the Nuclear Reactor Safety Program multiplied by
Annual Mission-Direct FTE Productive Hours) (Whole
Numbers)...........................................
[[Page 9863]]
Reduced Hourly Rate (Mission-Direct Budgeted $146
Resources for the Nuclear Reactor Safety Program
Divided by Mission-Direct FTE for the Nuclear
Reactor Safety Program Converted to Hours) (Whole
Numbers)...........................................
------------------------------------------------------------------------
Both the professional hourly rate and the Reduced Hourly Rate would
be reflected in revisions to Sec. 170.20 in this proposed rule.
Specifically, the NRC proposes to amend Sec. 170.20 to establish two
hourly rates: (1) the professional hourly rate at $323 per hour, as
described in Section III, ``FY 2025 Fee Collection--Professional Hourly
Rate'' of this document; and (2) the Reduced Hourly Rate at $146 per
hour, as described here. The professional hourly rate is expected to be
effective in August 2025, coinciding with the effective date of the FY
2025 fee rule once finalized. For the Reduced Hourly Rate, the proposed
amendments to Sec. 170.20 include language indicating that the Reduced
Hourly Rate would not take effect until October 1, 2025 (FY 2026),
consistent with the statutory effective date in section 201 of the
ADVANCE Act. Further, the proposed revisions to Sec. 170.20 include a
statement sunsetting the applicability of the Reduced Hourly Rate for
advanced nuclear reactor pre-applicants on September 30, 2030,
consistent with the statutory sunset date. In addition, the NRC
proposes to amend footnote 2 to table 1 of Sec. 170.21 to clarify that
full cost fees will be determined based on either the professional
hourly rate or the Reduced Hourly Rate, effective October 1, 2025 (FY
2026).
Both the proposed professional hourly rate and the Reduced Hourly
Rate provided in this proposed rule are based on the FY 2025 budget
request because a full-year appropriation for FY 2025 has not been
enacted at this time. Thus, these rates may change if a full-year
appropriation for FY 2025 is enacted.
FY 2025--Administrative Changes
The NRC is not proposing any administrative changes in FY 2025.
IV. Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),\6\ the NRC has prepared a regulatory flexibility analysis
related to this proposed rule. The regulatory flexibility analysis is
available as indicated in the ``Availability of Documents'' section of
this document.
---------------------------------------------------------------------------
\6\ 5 U.S.C. 603. The RFA, 5 U.S.C. 601-612, has been amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
Public Law 104-121, Title II, 110 Stat. 847 (1996).
---------------------------------------------------------------------------
V. Regulatory Analysis
Under NEIMA, the NRC is required to recover, to the maximum extent
practicable, approximately 100 percent of its annual budget for FY 2025
less the budget authority for excluded activities. The NRC established
fee methodology guidelines for 10 CFR part 170 in 1978 and established
additional fee methodology guidelines for 10 CFR part 171 in 1986. In
subsequent rulemakings, the NRC has adjusted its fees without changing
the underlying principles of its fee policy to ensure that the NRC
continues to comply with the statutory requirements for cost recovery.
In this proposed rule, the NRC continues this longstanding
approach. Therefore, the NRC did not identify any alternatives to the
current fee structure guidelines and did not prepare a regulatory
analysis for this proposed rule.
VI. Backfitting and Issue Finality
The NRC has determined that the backfit 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 proposed rule and that a backfit
analysis is not required because these amendments do not require the
modification of, or addition to, (1) systems, structures, components,
or the design of a facility; (2) the design approval or manufacturing
license for a facility; or (3) the procedures or organization required
to design, construct, or operate a facility.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC wrote this document to be consistent with the Plain
Writing Act, as well as the Presidential Memorandum, ``Plain Language
in Government Writing,'' published June 10, 1998 (63 FR 31885). The NRC
requests comment on this document with respect to the clarity and
effectiveness of the language used.
VIII. National Environmental Policy Act
The NRC has determined that this proposed 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 proposed rule.
IX. Paperwork Reduction Act
This proposed 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 the Office of Management and Budget, 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.
X. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995,
Public Law 104-113, requires that Federal agencies use technical
standards that are developed or adopted by voluntary consensus
standards bodies unless the use of such a standard is inconsistent with
applicable law or otherwise impractical. In this proposed rule, the NRC
proposes to amend the licensing, inspection, and annual fees charged to
its licensees and applicants, as necessary, to recover, to the maximum
extent practicable, approximately 100 percent of its annual budget for
FY 2025 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.
[[Page 9864]]
XI. Availability of Guidance
The Small Business Regulatory Enforcement Fairness Act requires all
Federal agencies to prepare a written compliance guide for each rule
for which the agency is required by 5 U.S.C. 604 to prepare a
regulatory flexibility analysis. The NRC, in compliance with the law,
prepared the ``Small Entity Compliance Guide'' for the FY 2025 fee
rule. The compliance guide was developed when the NRC completed the
small entity biennial review. This compliance guide is available as
indicated in the ``Availability of Documents'' section of this
document.
XII. Public Meeting
The NRC will conduct a public meeting to describe the FY 2025
proposed rule and answer questions from the public on the proposed
rule. The NRC will publish a notice of the location, time, and agenda
of the meeting on the NRC's public meeting website within 10 calendar
days of the meeting. Stakeholders should monitor the NRC's public
meeting website for information about the public meeting at: https://www.nrc.gov/public-involve/public-meetings/index.cfm.
XIII. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
ADAMS accession No./FR
Documents citation/web link
------------------------------------------------------------------------
NUREG-1100, Volume 40, ``Congressional ML24061A093.
Budget Justification: Fiscal Year 2025''
(March 2024).
``Revision of Fee Schedules; Fee Recovery 89 FR 51789.
for FY 2024,'' dated June 20, 2024.
Fiscal Year 2024 Final Fee Rule Work Papers ML24155A214.
Fiscal Year 2025 Proposed Rule Work Papers. ML25017A030.
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.
SECY-24-0026, ``Achieving Timely Completion ML24059A131.
of License Renewal Safety and
Environmental Reviews (License Renewal
Roadmap),'' dated March 28, 2024.
``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 67 FR 42612.
for FY 2002,'' dated June 24, 2002.
``Revision of Fee Schedules; Fee Recovery 71 FR 30722.
for FY 2006,'' dated May 30, 2006.
``Revision of Fee Schedules; Fee Recovery 89 FR 51789.
for FY 2024,'' dated June 20, 2024.
FY 2025 Regulatory Flexibility Analysis.... ML24341A009.
FY 2025 U.S. Nuclear Regulatory Commission ML24341A010.
Small Entity Compliance Guide.
``Plain Language in Government Writing,'' 63 FR 31885.
dated June 10, 1998.
------------------------------------------------------------------------
List of Subjects
10 CFR Part 170
Byproduct material, Import and export licenses, Intergovernmental
relations, Non-payment penalties, Nuclear energy, Nuclear materials,
Nuclear power plants and reactors, Source material, Special nuclear
material.
10 CFR Part 171
Annual charges, Approvals, Byproduct material, Holders of
certificates, Intergovernmental relations, Nonpayment penalties,
Nuclear materials, Nuclear power plants and reactors, Registrations,
Source material, Special nuclear material.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; 42 U.S.C. 2215; 31 U.S.C. 9701; and 5 U.S.C.
552 and 553, the NRC is proposing the following amendments to 10 CFR
parts 170 and 171:
PART 170--FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT
LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT
OF 1954, AS AMENDED
0
1. The authority citation for part 170 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 161(w) (42
U.S.C. 2014, 2201(w)); Energy Reorganization Act of 1974, sec. 201
(42 U.S.C. 5841); 42 U.S.C. 2215; 31 U.S.C. 901, 902, 9701; 44
U.S.C. 3504 note.
0
2. In Sec. 170.3, add definitions for ``Advanced nuclear reactor
applicant'' and ``Advanced nuclear reactor pre-applicant'' in
alphabetical order to read as follows:
Sec. 170.3 Definitions.
* * * * *
Advanced nuclear reactor applicant means an entity that has
submitted to the Commission an application that (1) is for an advanced
nuclear reactor as defined in section 3 of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215 note); (2) is for an
operating license, combined license, or manufacturing license under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); and (3) is not for
an amendment to or renewal of an existing license.
Advanced nuclear reactor pre-applicant means an entity that has
submitted to the Commission a licensing project plan for the purposes
of submitting a future application that (1) is for an advanced nuclear
reactor as defined in section 3 of the Nuclear Energy Innovation and
Modernization Act (42 U.S.C. 2215 note); (2) is for an operating
license, combined license, or manufacturing license under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.); and (3) is not for an
amendment to or renewal of an existing license.
* * * * *
0
3. Revise Sec. 170.20 to read as follows:
Sec. 170.20 Average cost per professional staff-hour.
(a) Except as provided in paragraphs (b) and (c), fees for permits,
licenses, amendments, renewals, special projects, 10 CFR part 55 re-
qualification and replacement examinations and tests, other required
reviews, approvals, and inspections under Sec. Sec. 170.21 and 170.31
will be calculated using the professional staff-hour rate of $323 per
hour.
(b) For advanced nuclear reactor applicants:
[[Page 9865]]
(1) Prior to October 1, 2025, fees under Sec. 170.21 will be
calculated using the professional staff-hour rate of $323 per hour.
(2) Effective on October 1, 2025, fees under Sec. 170.21 relating
to the review of the submitted application for the advanced nuclear
reactor applicant will be calculated using the reduced hourly rate of
$146 per hour.
(c) For advanced nuclear reactor pre-applicants:
(1) Prior to October 1, 2025, fees under Sec. 170.21 will be
calculated using the professional staff-hour rate of $323 per hour.
(2) Effective on October 1, 2025, fees under Sec. 170.21 relating
to the review of submitted materials as described in the licensing
project plan will be calculated using the reduced hourly rate of $146
per hour.
(3) Paragraph (c) shall cease to be effective on September 30,
2030.
0
4. In Sec. 170.21, in table 1, revise footnote 2 to read as follows:
Sec. 170.21 Schedule of fees for production and utilization
facilities, review of standard referenced design approvals, special
projects, inspections and import and export licenses.
* * * * *
Table 1 to Sec. 170.21--Schedule of Facility Fees
[See footnotes at end of table]
------------------------------------------------------------------------
Facility categories and type of fees Fees 1 2
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
\1\ Fees will be charged for approvals issued under a specific exemption
provision of the Commission's regulations under title 10 of the Code
of Federal Regulations (e.g., 10 CFR 50.12, 10 CFR 73.5) and any other
sections in effect now or in the future, regardless of whether the
approval is in the form of a license amendment, letter of approval,
safety evaluation report, or other form.
\2\ Full cost fees will be determined based on the professional staff
time and appropriate contractual support services expended. For
applications currently on file and for which fees are determined based
on the full cost expended for the review, the professional staff hours
expended for the review of the application up to the effective date of
the final rule will be determined at the professional hourly rate in
effect when the service was provided. Effective October 1, 2025, the
``full cost fees'' described in the table for advanced nuclear reactor
applicants and advanced nuclear reactor pre-applicants will be
assessed consistent with Sec. 170.20(b) and (c).
* * * * *
0
5. 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 $3,000.
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].
[[Page 9866]]
(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].
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 $6,900.
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 $3,200.
to persons generally licensed under part
40 of this chapter. Application [Program
Code(s): 11230, 11231].
E. Licenses for possession and use of $3,100.
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. $3,100.
Application [Program Code(s): 11200,
11220, 11221, 11300, 11800, 11810, 11820].
3. Byproduct material: \11\
A. Licenses of broad scope for the $15,100.
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 $20,100.
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 $25,100.
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 $4,200.
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 5,600.
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 $6,900.
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. $6,000.
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. $8,100.
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. $10,000.
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 $3,700.
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 $7,600.
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 $72,200.
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 $7,700.
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 $11,900.
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].
[[Page 9867]]
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].
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 $6,400.
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 $8,500.
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 $10,600.
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 $9,600.
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 $10,300.
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 $11,800.
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 $15,600.
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 $19,600.
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 $7,900.
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 $10,700.
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 $13,300.
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 $600.
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 $3,000.
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 $2,900.
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- $16,500.
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 $8,100.
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 $5,800.
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 $5,300.
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 $25,800.
laundry of items contaminated with
byproduct material, source material, or
special nuclear material. Application
[Program Code(s): 03218].
[[Page 9868]]
7. Medical licenses: \11\
A. Licenses issued under parts 30, 35, 40, $12,900.
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].
(1). Licenses issued under parts 30, $17,200.
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, $21,500.
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 $10,100.
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: 1-5.
Application [Program Code(s): 02110].
(1). Licenses of broad scope issued to $13,400.
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: 6-20.
Application [Program Code(s): 04710].
(2). Licenses of broad scope issued to $16,700.
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, $10,000.
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 $14,700.
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 $18,400.
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: 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 $3,000.
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 $20,200.
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 $10,500.
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 $6,100.
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....................... $4,500.
Inspections....................... Full Cost.
2. Users.
Application....................... $4,500.
Inspections....................... Full Cost.
[[Page 9869]]
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].
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 N/A.
export or import license, for
example, to extend the expiration
date, change domestic information, or
make other revisions which do not
involve any substantive changes to
license terms and conditions or to
the type/quantity/chemical
composition of the material
authorized for export and, therefore,
do not require in-depth analysis,
review, or consultations with other
Executive Branch, U.S. host state, or
foreign government authorities. Minor
amendment.
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 $3,700.
conduct activities under the reciprocity
provisions of Sec. 150.20 of this chapter.
Application.
17. Master materials licenses of broad scope Full Cost.
issued to Government agencies. Application
[Program Code(s): 03614].
[[Page 9870]]
18. Department of Energy:
A. Certificates of Compliance. Evaluation Full Cost.
of casks, packages, and shipping
containers (including spent fuel, high-
level waste, and other casks, and
plutonium air packages).
B. Uranium Mill Tailings Radiation 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
6. 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
7. 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 2025 annual fee for each operating power reactor that
must be collected by September 30, 2025, is $5,359,000.
(2) The FY 2025 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 2025 base annual fee for
operating power reactors are as follows:
* * * * *
[[Page 9871]]
(c)(1) The FY 2025 annual fee for each power reactor holding a 10
CFR part 50 license or combined license issued under 10 CFR part 52
that is in a decommissioning or possession-only status and has spent
fuel onsite, and for each independent spent fuel storage 10 CFR part 72
licensee who does not hold a 10 CFR part 50 license or a 10 CFR part 52
combined license, is $341,000.
(2) The FY 2025 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 2025 spent fuel storage/
reactor decommissioning rebaselined annual fee are:
* * * * *
(e) The FY 2025 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 $124,400.
0
8. 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 2025 annual fee is comprised of a base annual fee and
associated additional charges. The base FY 2025 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
fee per
NRC small entity classification licensed
category
------------------------------------------------------------------------
Small Businesses Not Engaged in Manufacturing (Average
gross receipts over the last 5 completed fiscal years):
$555,000 to $8 million.............................. $5,800
Less than $555,000.................................. 1,100
Small Not-For-Profit Organizations (Annual Gross
Receipts):
$555,000 to $8 million.............................. 5,800
Less than $555,000.................................. 1,100
Manufacturing Entities that Have an Average of 500
Employees or Fewer:
35 to 500 employees................................. 5,800
Fewer than 35 employees............................. 1,100
Small Governmental Jurisdictions (Including publicly
supported educational institutions) (Population):
20,000 to 49,999.................................... 5,800
Fewer than 20,000................................... 1,100
Educational Institutions that are not State or Publicly
Supported, and have 500 Employees or Fewer:
35 to 500 employees................................. 5,800
Fewer than 35 employees............................. 1,100
------------------------------------------------------------------------
(d) The FY 2025 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 2 3
Category of materials licenses
------------------------------------------------------------------------
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 3,500
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 9872]]
D. All other special nuclear material licenses, 8,400
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 6,200
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\ 51,900
[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, 3,800
and/or installation of source material for
shielding.16 17 Application [Program Code(s):
11210]..........................................
C. Licenses to distribute items containing source 14,400
material to persons exempt from the licensing
requirements of part 40 of this chapter.
[Program Code: 11240]...........................
D. Licenses to distribute source material to 7,300
persons generally licensed under part 40 of this
chapter. [Program Code(s): 11230 and 11231].....
E. Licenses for possession and use of source 9,200
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 11,500
Code(s): 11200, 11220, 11221, 11300, 11800,
11810, 11820]...................................
3. Byproduct material:
A. Licenses of broad scope for possession and use 39,700
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 52,800
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: 6-
20. [Program Code(s): 04010, 04012, 04014]..
(2). Licenses of broad scope for the 65,900
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 13,700
byproduct material issued under part 30 of this
chapter for processing or manufacturing of items
containing byproduct material for commercial
distribution. Number of locations of use: 1-5.
[Program Code(s): 03214, 03215, 22135, 22162]...
(1). Other licenses for possession and use of 18,100
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 22,400
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/ 13,400
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 19,800
and/or 32.74 of this chapter that authorize
the processing or manufacturing and
distribution or redistribution of
radiopharmaceuticals, generators, reagent
kits, and/or sources and devices containing
byproduct material. This category does not
apply to licenses issued to nonprofit
educational institutions whose processing or
manufacturing is exempt under Sec.
170.11(a)(4). Number of locations of use: 6-
20. [Program Code(s): 04210, 04212, 04214]..
[[Page 9873]]
(2). Licenses issued under Sec. Sec. 32.72 24,500
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 12,800
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 13,000
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 108,800
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 13,900
this chapter to distribute items containing
byproduct material that require device review to
persons exempt from the licensing requirements
of part 30 of this chapter, except specific
licenses authorizing redistribution of items
that have been authorized for distribution to
persons exempt from the licensing requirements
of part 30 of this chapter. [Program Code(s):
03254, 03255, 03257]............................
I. Licenses issued under subpart A of part 32 of 18,900
this chapter to distribute items containing
byproduct material or quantities of byproduct
material that do not require device evaluation
to persons exempt from the licensing
requirements of part 30 of this chapter, except
for specific licenses authorizing redistribution
of items that have been authorized for
distribution to persons exempt from the
licensing requirements of part 30 of this
chapter. [Program Code(s): 03250, 03251, 03253,
03256]..........................................
J. Licenses issued under subpart B of part 32 of 5,100
this chapter to distribute items containing
byproduct material that require sealed source
and/or device review to persons generally
licensed under part 31 of this chapter, except
specific licenses authorizing redistribution of
items that have been authorized for distribution
to persons generally licensed under part 31 of
this chapter. [Program Code(s): 03240, 03241,
03243]..........................................
K. Licenses issued under subpart B of part 32 of 3,800
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 18,500
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 24,500
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 30,600
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 19,100
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 20,900
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 30,600
material issued under part 34 of this chapter
for industrial radiography operations. This
category also includes the possession and use of
source material for shielding authorized under
part 40 of this chapter when authorized on the
same license. Number of locations of use: 1-5.
[Program Code(s): 03310, 03320].................
(1). Licenses for possession and use of 40,700
byproduct material issued under part 34 of
this chapter for industrial radiography
operations. This category also includes the
possession and use of source material for
shielding authorized under part 40 of this
chapter when authorized on the same license.
Number of locations of use: 6-20. [Program
Code(s): 04310, 04312]......................
(2). Licenses for possession and use of 51,100
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 15,100
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 20,300
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 25,300
licenses, except those in Categories 4.A.
through 9.D.\18\ Number of locations of use:
more than 20. [Program Code(s): 04411,
04413, 04415, 04417, 04419, 04421, 04423,
04425, 04427, 04429, 04431, 04433, 04435,
04437, 04439]...............................
[[Page 9874]]
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 8,800
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 9,200
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- 36,700
produced radionuclides. [Program Code(s): 03210]
4. Waste disposal and processing:
A. Licenses specifically authorizing the receipt 32,900
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 21,400
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 12,600
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 17,000
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 40,700
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 39,400
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, 52,500
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: 6-
20. [Program Code(s): 04510, 04512].........
(2). Licenses issued under parts 30, 35, 40, 65,700
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.9 17 Number of locations of use:
more than 20. [Program Code(s): 04511,
04513]......................................
B. Licenses of broad scope issued to medical 56,300
institutions or two or more physicians under
parts 30, 33, 35, 40, and 70 of this chapter
authorizing research and development, including
human use of byproduct material, except licenses
for byproduct material, source material, or
special nuclear material in sealed sources
contained in teletherapy devices. This category
also includes the possession and use of source
material for shielding when authorized on the
same license.9 17 Number of locations of use: 1-
5. [Program Code(s): 02110].....................
(1). Licenses of broad scope issued to 74,700
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 93,300
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, 20,900
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 9875]]
(1). Other licenses issued under parts 30, 29,600
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, 37,900
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 8,800
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 25,900
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 13,500
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 7,800
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 478,000
to Government agencies.\15\ [Program Code(s): 03614]
18. Department of Energy:
A. Certificates of Compliance.................... \10\ 2,566,000
B. Uranium Mill Tailings Radiation Control Act 353,000
(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 9876]]
\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.
Dated: February 5, 2025.
For the Nuclear Regulatory Commission.
Owen Barwell,
Chief Financial Officer.
[FR Doc. 2025-02779 Filed 2-18-25; 8:45 am]
BILLING CODE 7590-01-P