[Federal Register Volume 90, Number 119 (Tuesday, June 24, 2025)]
[Rules and Regulations]
[Pages 26730-26765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11544]
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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: Final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending the
licensing, inspection, special project, and annual fees charged to its
applicants and licensees. These amendments are necessary to comply with
the Nuclear Energy Innovation and Modernization Act, which requires the
NRC to recover, to the maximum extent practicable, approximately 100
percent of its annual budget, less certain amounts excluded from this
fee recovery requirement. In addition, the NRC is making 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: This final rule is effective on August 25, 2025.
ADDRESSES: 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. 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 document.
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, at 301-415-4737,
or by email to [email protected]. For the convenience of the reader,
the ADAMS accession numbers are provided in the ``Availability of
Documents'' section of this document.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
For additional direction on obtaining information, see ``Obtaining
Information and Submitting Comments'' in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: 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. Background; Statutory Authority
II. Discussion
III. Public Comment Analysis
IV. Public Comments and NRC Responses
V. Regulatory Flexibility Certification
VI. Regulatory Analysis
VII. Backfitting and Issue Finality
VIII. Plain Writing
IX. National Environmental Policy Act
X. Paperwork Reduction Act
XI. Regulatory Planning and Review (Executive Order 12866) Act
XII. Congressional Review
XIII. Voluntary Consensus Standards
XIV. Availability of Guidance
XV. Availability of Documents
I. Background; Statutory Authority
The NRC's fee regulations are primarily governed by two laws: (1)
the Independent Offices Appropriation Act, 1952 (IOAA) (31 U.S.C.
9701); and (2) the Nuclear Energy Innovation and Modernization Act
(NEIMA) (42 U.S.C. 2215). The IOAA authorizes and encourages Federal
agencies to recover, to the fullest extent possible, costs attributable
to services provided to identifiable recipients. Under NEIMA, the NRC
must recover, to the maximum extent practicable, approximately 100
percent of its annual budget, less the budget authority for excluded
activities. Under section 102(b)(1)(B) of NEIMA, ``excluded
activities'' include any fee-relief activity as identified by the
Commission, generic homeland security activities, waste incidental to
reprocessing activities, Nuclear Waste Fund activities, advanced
reactor regulatory infrastructure activities, Inspector General (IG)
services for the Defense Nuclear Facilities Safety Board, research and
development at universities in areas relevant to the NRC's mission, and
a nuclear science and engineering grant program. In fiscal year (FY)
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
[[Page 26731]]
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 Accelerating Deployment of
Versatile, Advanced Nuclear for Clean Energy Act of 2024 (ADVANCE Act)
was signed into law, and, among other things, it 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 final rule includes revisions to 10 CFR part 170 to implement
section 201 of the ADVANCE Act in preparation for October 1, 2025 (FY
2026), which is the statutory effective date for the Reduced Hourly
Rate. In short, the NRC is establishing 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 will be effective August 25, 2025, coincident with the effective
date for this rule, and the Reduced Hourly Rate will take effect
separately on October 1, 2025 (FY 2026), consistent with the statutory
effective date. The professional hourly rate is the typical full-cost
professional hourly rate calculated using the NRC's established
process, as described in Section II, ``FY 2025 Fee Collection--
Professional Hourly Rate'' of this document. The revisions to 10 CFR
part 170 to implement the Reduced Hourly Rate, as well as related
changes to the rule upon consideration of public comments on the
proposed rule, are further described in Section II, Discussion, ``FY
2025--Policy Changes,'' and in Section IV, Public Comments and NRC
Responses 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.
II. Discussion
FY 2025 Fee Collection--Overview
The NRC is issuing this FY 2025 final fee rule based on its enacted
budget in Public Law 119-4, Full-Year Continuing Appropriations and
Extensions Act, 2025 (the Full-Year Continuing Resolution). The final
fee rule reflects a total budget authority in the amount of $944.1
million, which did not change from FY 2024.
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 enacted budget, these exclusions
total $137.1 million; this total amount for excluded activities did not
change from FY 2024. These excluded activities consist of $96.8 million
for fee-relief activities, $23.8 million for advanced reactor
regulatory infrastructure activities, $14.0 million for generic
homeland security activities, $1.0 million for waste incidental to
reprocessing activities, and $1.5 million for IG services for the
Defense Nuclear Facilities Safety Board. Table I of this document
summarizes the excluded activities for the FY 2025 final fee rule. The
FY 2024 amounts are provided for comparison purposes.
Table I--Excluded Activities
[Dollars in millions]
------------------------------------------------------------------------
FY 2024 final FY 2025 final
rule rule
------------------------------------------------------------------------
Fee-Relief Activities:
International activities............ 31.1 31.4
Agreement State oversight........... 12.5 12.7
Medical isotope production 1.5 1.3
infrastructure.....................
Fee exemption for nonprofit 17.7 18.2
educational institutions...........
Costs not recovered from small 10.5 10.1
entities under 10 CFR 171.16(c)....
Regulatory support to Agreement 12.0 9.6
States.............................
Generic decommissioning/reclamation 2.7 6.2
activities (not related to the
operating power reactors and spent
fuel storage fee classes)..........
Uranium recovery program and 5.3 4.3
unregistered general licensees.....
Potential Department of Defense 0.8 0.8
remediation program Memorandum of
Understanding activities...........
Non-military radium sites........... 0.2 0.2
Minority Serving Institutions Grant 2.5 2.0
Program............................
-------------------------------
Subtotal Fee-Relief Activities.. 96.8 96.8
Activities under section 16.5 16.5
102(b)(1)(B)(ii) of NEIMA (Generic
Homeland Security activities, Waste
Incidental to Reprocessing activities,
and the Defense Nuclear Facilities
Safety Board)..........................
[[Page 26732]]
Advanced reactor regulatory 23.8 23.8
infrastructure activities..............
-------------------------------
Total Excluded Activities........... 137.1 137.1
------------------------------------------------------------------------
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 must recover
approximately $808.8 million in fees in FY 2025.\1\ Of this amount, the
NRC estimates that $205.4 million will be recovered through 10 CFR part
170 service fees and approximately $603.4 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 final fee rule
using the FY 2025 enacted budget and takes into account the budget
authority for excluded activities and net billing adjustments; the FY
2024 amounts are provided for comparison purposes. For all information
presented in this final rule, individual values may not sum to totals
due to rounding. Please see the work papers, available as indicated in
the ``Availability of Documents'' section of this document, for more
precise amounts.
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\1\ Please see the work papers for more detailed information on
the net billing adjustments.
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In FY 2025, because the Full-Year Continuing Resolution
appropriates FY 2025 funds at the FY 2024 enacted levels, does not
contain provisions regarding the NRC's prior-year funds, and was not
accompanied by an explanatory statement, the Full-Year Continuing
Resolution does not provide direction for the NRC to use a specific
amount of prior-year unobligated balances (carryover).
Table II--Budget and Fee Recovery Amounts
[Dollars in millions]
------------------------------------------------------------------------
FY 2024 final FY 2025 final
rule rule
------------------------------------------------------------------------
Total Budget Authority.................. $944.1 $944.1
Less Budget Authority for Excluded -137.1 -137.1
Activities.............................
-------------------------------
Balance............................. 807.0 807.0
Fee Recovery Percent.................... 100.0 100.0
Total Amount to be Recovered............ 807.0 807.0
Less Estimated Amount to be -202.2 -205.4
Recovered through 10 CFR part 170
Fees...............................
-------------------------------
Estimated Amount to be Recovered 604.8 601.6
through 10 CFR part 171 Fees...
10 CFR part 171 Billing Adjustments:
Unpaid Current Year Invoices 4.3 5.5
(estimated)........................
Less Payments Received in -3.0 -3.7
Current Year for Previous Year
Invoices (estimated)...........
Adjusted 10 CFR part 171 Annual 606.1 603.4
Fee Collections Required.......
Adjusted Amount to be Recovered through 808.3 808.8
10 CFR parts 170 and 171 Fees..........
------------------------------------------------------------------------
FY 2025 Fee Collection--Professional Hourly Rate
This section discusses the methodology for calculating the NRC's
typical full-cost hourly rate. The methodology for calculating the
Reduced Hourly Rate is discussed in Section II, 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 materials 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, effective
on August 25, 2025, 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).\2\ 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). Consistent with
OMB Circular A-25, ``User Charges,'' the professional hourly rate
encompasses the ``full cost'' of NRC review and thus includes the NRC's
budgetary resources for mission-direct program salaries and benefits,
mission-indirect contract resources along with salaries and benefits
plus the agency support program contract resources along with salaries
and benefits. 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:
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\2\ Please see the work papers for more detailed information on
all the components of the professional hourly rate calculation.
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[[Page 26733]]
[GRAPHIC] [TIFF OMITTED] TR24JN25.000
For FY 2025, the NRC is increasing the professional hourly rate
from $317 to $318. The approximately 0.3 percent increase in the
professional hourly rate is primarily due to the change in mission-
direct FTE compared to FY 2024. Based on the FY 2025 enacted budget,
the number of mission-direct FTE is expected to decrease by
approximately 17, primarily to support planned efficiencies in
operating reactor license application reviews and the discontinuation
of activities related to the Project Pele application. The professional
hourly rate is inversely related to the mission-direct FTE amount;
therefore, as the number of mission-direct FTE decreases, the
professional hourly rate may increase.
The decrease in mission-direct FTE is partially offset by a
reduction in the budgeted resources of approximately $1.2 million or
0.2 percent, along with the rise of seven hours in the estimated annual
mission-direct FTE productive hours or 0.5 percent.
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.
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\3\ 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.
Table III--Professional Hourly Rate Calculation
[Dollars in millions, except as noted]
------------------------------------------------------------------------
FY 2024 final FY 2025 final
rule rule
------------------------------------------------------------------------
Mission-Direct Program Salaries & $384.4 $380.5
Benefits...............................
Mission-Indirect Program Support........ $118.9 $121.5
Agency Support (Corporate Support and $313.6 $313.8
the IG)................................
-------------------------------
Subtotal............................ $816.9 $815.8
Less Offsetting Receipts \3\............ $0.0 $0.0
-------------------------------
Total Budgeted Resources Included in $816.9 $815.8
Professional Hourly Rate...........
Mission-Direct FTE...................... 1,720.3 1,703.3
Annual Mission-Direct FTE Productive 1,500 1,507
Hours (Whole numbers)..................
Mission-Direct FTE Converted to Hours 2,580,450 2,566,873
(Mission-Direct FTE multiplied by
Annual Mission-Direct FTE Productive
Hours).................................
Professional Hourly Rate (Total Budgeted $317 $318
Resources Included in Professional
Hourly Rate Divided by Mission-Direct
FTE Converted to Hours) (Whole Numbers)
------------------------------------------------------------------------
FY 2025 Fee Collection--Flat Application Fee Changes
The NRC is amending the flat application fees it charges in its
schedule of fees in Sec. 170.31 to reflect the revised professional
hourly rate of $318. The NRC charges these fees to applicants for
materials licenses and other regulatory services, as well as to holders
of materials licenses. The NRC calculates these flat fees by
multiplying the average professional staff hours needed to process the
licensing actions by the professional hourly rate for FY 2025. As part
of its calculations, the NRC analyzes the actual hours spent performing
licensing actions and estimates the five-year average of professional
staff hours that are needed to process licensing actions as part of its
biennial review of fees. These actions are required by section 205(a)
of the Chief Financial Officers Act of 1990 (31 U.S.C. 902(a)(8)). The
NRC performed this review for the FY 2025 fee rule and will perform
this review again for the FY 2027 fee rule. The biennial review
adjustment and the higher professional hourly rate of $318 is the
primary reason for the increase in flat application fees (see the work
papers).
To simplify billing, the NRC rounds these flat fees to a minimal
degree. Specifically, the NRC rounds these flat fees (up or down) in
such a way that ensures both convenience for its stakeholders and
minimal effects due to rounding. Accordingly, fees under $1,000 are
rounded to the nearest $10, fees between $1,000 and $100,000 are
rounded to the nearest $100, and fees greater than $100,000 are rounded
to the nearest $1,000.
The flat fees are applicable for certain materials licensing
actions (see fee categories 1.C. through 1.D., 2.B. through 2.F., 3.A.
through 3.S., 4.B. through 5.A., 6.A. through 9.D., 10.B., 15.A.
through 15.L., 15.R., and 16 of Sec. 170.31). Applications filed on or
after the effective date of the FY 2025 final fee rule will be subject
to the revised fees in the final rule.
Historically, flat fees were applicable to import and export
licensing actions. However, in FY 2022, the Commission included the
resources for import and export licensing actions within the
``international activities'' fee-relief activity. Under NEIMA,
``excluded activities'' include any fee-relief activity identified by
the Commission as well as specific activities listed in the statute.
Section 101 of the ADVANCE Act establishes an excluded activity for
[[Page 26734]]
``[c]osts for international nuclear export and innovation activities
described in section 101(a)'' of the ADVANCE Act. The ADVANCE Act thus
changed the treatment of this subset of international activities (i.e.,
the ``international nuclear export and innovation activities described
in section 101(a)'') from being included within a fee-relief activity
to being a separate excluded activity under NEIMA. Because both fee-
relief activities identified by the Commission and the separate
excluded activities identified in NEIMA are both excluded from the fee-
recovery requirement, fees continue to not be assessed under 10 CFR
parts 170 and 171 for import and export licensing actions.
FY 2025 Fee Collection--Low-Level Waste Surcharge
The NRC is assessing a generic low-level waste (LLW) surcharge of
$3.798 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 these facilities are regulated by an
Agreement State, rather than the NRC.
The NRC allocates this surcharge to its licensees based on data
available in the U.S. Department of Energy's (DOE) Manifest Information
Management System (MIMS). This database contains information on total
LLW volumes disposed of by four generator classes: academic,
industrial, medical, and utility. The ratio of waste volumes disposed
of by these generator classes to total LLW volumes disposed over a
period of time is used to estimate the portion of this surcharge that
will be allocated to the operating 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.
In March, DOE updated MIMS with 2025 data. Because of the update,
the following changes occurred compared to the FY 2024 final fee rule:
the LLW surcharge for the operating power reactors fee class increased
from $3.204 million to $3.251 million; the LLW surcharge decreased from
$0.449 million to $0.433 million for the fuel facilities fee class; and
the LLW surcharge decreased from $0.117 million to $0.114 million for
the materials users fee class.
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................ 85.6 3.251
Spent Fuel Storage/Reactor 0.0 0.000
Decommissioning........................
Non-Power Production or Utilization 0.0 0.000
Facilities.............................
Fuel Facilities......................... 11.4 0.433
Materials Users......................... 3.0 0.114
Transportation.......................... 0.0 0.000
Rare Earth Facilities................... 0.0 0.000
Uranium Recovery........................ 0.0 0.000
-------------------------------
Total............................... 100.0 3.798
------------------------------------------------------------------------
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
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 revising its annual fees in Sec. Sec. 171.15 and 171.16
to recover approximately 100 percent of the FY 2025 enacted budget less
the budget authority for excluded activities, and the estimated amount
to be recovered through 10 CFR part 170 fees.
Table V of this document shows the 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 final
Class/category of licenses annual fee annual fee
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors................................................ $5,336,000 $5,319,000
+ Spent Fuel Storage/Reactor Decommissioning............................ 326,000 326,000
Total, Combined Fee................................................. 5,662,000 5,645,000
---------------------------------------
Spent Fuel Storage/Reactor Decommissioning.............................. 326,000 326,000
Non-Power Production or Utilization Facilities.......................... 97,200 96,800
High Enriched Uranium Fuel Facility (Category 1.A.(1)(a))............... 6,412,000 6,101,000
Low Enriched Uranium Fuel Facility (Category 1.A.(1)(b))................ 2,173,000 2,068,000
Uranium Enrichment (Category 1.E)....................................... 2,794,000 2,659,000
[[Page 26735]]
UF6 Conversion and Deconversion Facility (Category 2.A.(1))............. 1,361,000 1,295,000
Basic In Situ Recovery Facilities (Category 2.A.(2)(b))................. 53,200 27,700
Typical Users:
Radiographers (Category 3O)......................................... 43,700 31,700
All Other Specific Byproduct Material Licensees (Category 3P)....... 14,600 15,600
Medical Other (Category 7C)......................................... 21,400 21,600
Device/Product Safety Evaluation--Broad (Category 9A)............... 29,800 27,200
----------------------------------------------------------------------------------------------------------------
The work papers that support this final rule show in detail how the
NRC allocates the budgeted resources for each class of licensees and
calculates the fees.
Paragraphs a. through h. of this section describes the budgeted
resources allocated to each class of licensees and the calculations of
the rebaselined fees. For more information about detailed fee
calculations for each class, please consult the accompanying work
papers for this final rule.
a. Operating Power Reactors
The NRC will collect $500.0 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 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $665.0 $668.9
Less estimated 10 CFR part 170 receipts. -168.3 -174.1
-------------------------------
Net 10 CFR part 171 resources....... 496.7 494.7
Allocated generic transportation........ 0.7 0.5
Allocated LLW surcharge................. 3.2 3.3
Billing adjustment...................... 1.1 1.5
-------------------------------
Total required annual fee recovery.. 501.6 500.0
Total operating reactors............ 94 94
Annual fee per operating reactor........ $5.336 $5.319
------------------------------------------------------------------------
In comparison to FY 2024, the FY 2025 annual fee for the operating
power reactors fee class is decreasing 0.3 percent primarily due to the
following: (1) an anticipated increase in 10 CFR part 170 estimated
billings; and (2) a decrease in the allocated generic transportation
surcharge. The decrease in the annual fee for the operating power
reactors fee class is partially offset due to the following: (1) a 0.6
percent increase in the budgeted resources that are allocated to the
fee class; and (2) an increase in the 10 CFR part 171 billing
adjustment.
In comparison to FY 2024, the amount recovered in 10 CFR part 170
estimated billings increased primarily due to the $17 rise in the
effective professional hourly rate (because the effective professional
hourly during FY 2024 was $300 per hour until the FY 2024 final fee
rule increased it to $317). This increase in the amount recovered in 10
CFR part 170 estimated billings is partially offset by a reduction in
the estimated billable hours for (1) the completion of construction
inspection at Vogtle Unit 4, (2) reduced baseline inspection hours
within the approximately 3 percent year-to-year variance, and (3) fewer
licensing actions for operating reactors under review.
The increase in the budgeted resources for the operating power
reactors fee class is primarily due to the following: (1) an increase
in the fully-costed FTE rate compared to FY 2024 due to a reduction in
mission-direct FTE; \4\ (2) an increase in resources for pre-
application activities for upcoming early site permit and construction
permit applications; and (3) an increase in resources to support
licensing work related to the Palisades, Duane Arnold, and Crane Clean
Energy Center restart projects. Restart projects require an increase in
resources because they involve regulatory, technical, and operational
activities necessary to safely bring a reactor back online. These
efforts include thorough licensing reviews, compliance evaluations, and
ensuring the facility meets current safety and operational standards.
Additionally, restart projects often require dedicated staff time for
pre-application activities and site-specific assessments, adding to the
overall resource demand. The increase in the budgeted resources is
partially offset by a decrease in resources due to planned efficiencies
in license renewal application reviews.
---------------------------------------------------------------------------
\4\ The fully-costed FTE rate is calculated first by adding
budgeted resources for: (1) mission-direct program salaries and
benefits for all business lines; (2) mission-indirect program
support (e.g., supervisory support, training) for all business
lines; and (3) agency support. This total is then divided by the
total of mission-direct FTE agencywide. As the denominator in the
fully-costed FTE rate calculation, a decrease in the number of
mission-direct FTE (approximately 17 FTE decrease in FY 2025)
results in an increase in the fully-costed FTE rate.
---------------------------------------------------------------------------
The annual fee is also affected by: (1) an increase in the 10 CFR
part 171 billing adjustment due to the timing of invoices issued in FY
2024; and (2) an increase in the generic transportation surcharge due
to an increase in the overall budgeted resources for certificates of
compliance (CoCs) for the operating power reactors fee class.
[[Page 26736]]
The fee-recoverable budgeted resources are divided equally among
the 94 licensed operating power reactors, resulting in an annual fee of
$5,319,000 per operating power reactor. Additionally, each licensed
operating power reactor will be assessed the FY 2025 spent fuel
storage/reactor decommissioning annual fee of $326,000 (see table VII
of this document and the discussion that follows). The combined FY 2025
annual fee for each operating power reactor will be $5,645,000.
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 Congressional Budget Justification (CBJ) to increase
transparency for stakeholders. The NRC developed this estimate based on
the 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 operating power reactors fee class annual fee
included in the FY 2025 CBJ was estimated to be $5.5 million,
approximately $0.9 million below the FY 2015 operating power reactors
annual fee amount adjusted for inflation of $6.4 million. The
assumptions made between budget formulation and the development of this
final rule have changed. The FY 2025 annual fee of $5,319,000 per
reactor licensee nonetheless remains below the FY 2015 operating power
reactors fee class annual fee amount, as adjusted for inflation.
In FY 2016, the NRC amended Sec. 171.15 to establish a variable
annual fee structure for light-water reactor (LWR) small modular
reactors (SMRs) (81 FR 32617; May 24, 2016). In FY 2023, the NRC
further amended Sec. 171.5 to: (1) expand the applicability of the SMR
variable fee structure to include non-LWR SMRs; and (2) establish an
additional minimum fee and variable rate applicable to SMRs with a
licensed thermal power rating of less than or equal to 250 megawatts-
thermal (MWt) (88 FR 39120; June 15, 2023). This revision to the SMR
variable annual fee structure retained the bundled unit concept for
SMRs and the approach for calculating fees for reactors, or bundled
units, with licensed thermal power ratings greater than 250 MWt.
Currently, there are no operating SMRs; therefore, the NRC will not
assess an annual fee in FY 2025 for this type of licensee.
b. Spent Fuel Storage/Reactor Decommissioning
The NRC will collect $40.4 million in annual fees from 10 CFR part
50 and 10 CFR part 52 power reactor licensees, and from 10 CFR part 72
licensees that do not hold a 10 CFR part 50 license or a 10 CFR part 52
combined license, to recover the budgeted resources for the spent fuel
storage/reactor decommissioning fee class in FY 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 2024 final FY 2025 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $50.4 $50.7
Less estimated 10 CFR part 170 receipts. -12.3 -12.3
-------------------------------
Net 10 CFR part 171 resources....... 38.0 38.4
Allocated generic transportation costs.. 2.3 1.9
Billing adjustments..................... 0.1 0.1
-------------------------------
Total required annual fee recovery.. 40.4 40.4
Total spent fuel storage facilities. 124 124
Annual fee per facility................. $0.326 $0.326
------------------------------------------------------------------------
In comparison to FY 2024, the FY 2025 annual fee for the spent fuel
storage/reactor decommissioning fee class remains the same as FY 2024.
While the budgeted resources allocated to the fee class increased
slightly from $50.4 million to $50.7 million, this increase was offset
by a decrease in the allocated generic transportation costs, resulting
in the annual fee per facility remaining the same as FY 2024.
The budgeted resources increased primarily due to an increase in
the fully-costed FTE rate compared to FY 2024.
Compared to FY 2024, the 10 CFR part 170 estimated billings also
remained stable. In FY 2025, while there was an increase in licensing
activities for storage license amendments and an increase in
inspections at storage facilities due to loading campaigns, these
increases were offset by 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. Overall, this
resulted in the FY 2025 estimated part 170 billings for the fee class
remaining the same as FY 2024.
The required annual fee recovery amount is divided equally among
124 licensees, resulting in a FY 2025 annual fee of $326,000 per
licensee.
c. Fuel Facilities
The NRC will collect $24.1 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.
[[Page 26737]]
Table VIII--Annual Fee Summary Calculations for Fuel Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2024 final FY 2025 final
Summary Fee Calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $30.9 $31.5
Less estimated 10 CFR part 170 receipts. -8.7 -10.0
-------------------------------
Net 10 CFR part 171 resources....... 22.2 21.5
Allocated generic transportation........ 2.5 2.0
Allocated LLW surcharge................. 0.4 0.4
Billing adjustments..................... 0.1 0.1
-------------------------------
Total remaining required annual fee $25.3 $24.1
recovery...........................
------------------------------------------------------------------------
In comparison to FY 2024, the FY 2025 annual fee for the fuel
facilities fee class is decreasing primarily due to the following: (1)
an increase in the 10 CFR part 170 estimated billings; and (2) a
decrease in the allocated generic transportation costs. The drivers for
the decrease in the annual fee are offset by an increase in the
budgeted resources allocated to the fuel facilities fee class.
The budgeted resources allocated to the fee class increased
primarily to support the following: (1) an increase in licensing
actions for 10 CFR parts 40 and 70 licensees; (2) development of
environmental review guidance; and (3) an increase in the fully-costed
FTE rate compared to FY 2024.
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 four major amendment
requests that support new fuels (i.e., two amendments to increase
enrichment limits at Framatome, one amendment to increase enrichment
limits at Urenco USA, one amendment for the American Centrifuge Plant
extending operation of the HALEU Demonstration); (2) the continued
review of the TRISO-X, LLC, fuel fabrication facility application; (3)
pre-application activities for three new fuel facility applications and
one major amendment request; and (4) the NRC's review of the Purdue
University license renewal application for possession and use of
special nuclear material. This increase is partially offset by the
completion of several licensing actions that were completed in FY 2025
and not billed for a full year: (1) the license termination for the
Lead Cascade Facility; (2) the Urenco USA amendment to increase its
enrichment limit to 10 weight percent uranium-235; and (3) the NRC's
review of the National Institute of Standards and Technology's (NIST's)
license renewal application for possession and use of special nuclear
material.
The NRC will continue allocating annual fees to individual fuel
facility licensees based on the effort/fee determination matrix
developed in the FY 1999 final fee rule (64 FR 31448; June 10, 1999).
To briefly recap, the matrix groups licensees within this fee class
into various fee categories. The matrix lists processes that are
conducted at licensed sites and assigns effort factors for the safety
and safeguards activities associated with each process (these effort
levels are reflected in table IX 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 2 88 91
(1.A.(1)(a))....................
Low Enriched Uranium Fuel 3 70 21
(1.A.(1)(b))....................
Limited Operations (1.A.(2)(a)).. 1 3 22
Gas Centrifuge Enrichment 0 0 0
Demonstration (1.A.(2)(b))......
Hot Cell (and others) 0 0 0
(1.A.(2)(c))....................
Uranium Enrichment (1.E.)........ 1 16 23
UF6 Conversion and Deconversion 1 12 7
(2.A.(1)).......................
--------------------------------------
Total........................ 8 189 164
------------------------------------------------------------------------
In FY 2025, the total remaining amount of the annual fees that the
NRC estimates to be recovered, $24.1 million, is attributable to safety
activities, safeguards activities, and the LLW surcharge. For FY 2025,
the total budgeted resources to be recovered as annual fees for safety
activities are approximately $12.7 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,
$11.0 million, to each fee category based on its percentage of the
total regulatory effort for safeguards activities. Finally, the fuel
facilities fee class portion of the LLW surcharge--$0.4 million--is
allocated to each fee category based on its percentage of the total
regulatory effort for both safety and safeguards activities. The annual
fee per licensee is then calculated by dividing the
[[Page 26738]]
estimated total allocated budgeted resources for the fee category by
the number of licensees in that fee category. The annual fee for each
facility is summarized in table X of this document.
Table X--Annual Fees for Fuel Facilities
[Actual dollars]
------------------------------------------------------------------------
FY 2024 final FY 2025 final
Facility type (fee category) annual fee annual fee
------------------------------------------------------------------------
High Enriched Uranium Fuel $6,412,000 $6,101,000
(1.A.(1)(a))...................
Low Enriched Uranium Fuel 2,173,000 2,068,000
(1.A.(1)(b))...................
Facilities with limited 1,791,000 1,704,000
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 $2,659,000
UF6 Conversion and Deconversion 1,361,000 1,295,000
(2.A.(1))......................
------------------------------------------------------------------------
d. Uranium Recovery Facilities
The NRC will collect $0.2 million in annual fees from the uranium
recovery facilities fee class in FY 2025, as shown in table XI of this
document. The FY 2024 uranium recovery facilities fees are shown for
comparison purposes.
Table XI--Annual Fee Summary Calculations for Uranium Recovery
Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2024 final FY 2025 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources........ $0.7 $1.8
Less estimated 10 CFR part 170 -0.4 -1.6
receipts.......................
---------------------------------------
Net 10 CFR part 171 0.3 0.2
resources..................
Allocated generic transportation N/A N/A
Billing adjustments............. 0.0 0.0
---------------------------------------
Total required annual fee $0.3 $0.2
recovery...................
------------------------------------------------------------------------
In comparison to FY 2024, the FY 2025 annual fee for the non-DOE
licensee in the uranium recovery facilities fee class is decreasing
primarily due to a rise in 10 CFR part 170 estimated billings
attributed to support the NRC's review of license renewal applications
for: (1) Crow Butte Resources, Inc; (2) Powertech USA, Inc.; and (3)
CrownPoint. The annual fee for the non-DOE licensee in this fee class
is calculated by applying 90 percent of generic/other uranium recovery
budgeted resources less the amounts specifically budgeted for Uranium
Mill Tailings Radiation Control Act (UMTRCA) Title I and Title II
activities, which is reflected in table XII. For more information on
this calculation, please see the work papers.
The NRC regulates DOE's Title I and Title II activities under
UMTRCA.\5\ The annual fee assessed to DOE includes the resources
specifically budgeted for the NRC's UMTRCA Title I and Title II
activities, as well as 10 percent of the remaining budgeted resources
for this fee class. The NRC described the overall methodology for
determining fees for UMTRCA in the FY 2002 final fee rule (67 FR 42612;
June 24, 2002), and the NRC continues to use this methodology.
---------------------------------------------------------------------------
\5\ 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.
---------------------------------------------------------------------------
The DOE's UMTRCA annual fee is decreasing compared to FY 2024
primarily due to (1) a decrease in budgeted resources; and (2) an
increase in the amount recovered in 10 CFR part 170 estimated billings
due to a rise in the effective professional hourly rate. The increase
in the amount recovered in 10 CFR part 170 estimated billings is
partially offset by a reduction in the estimated billable hours for
deferred workload at various DOE UMTRCA sites.
Table XII--Costs Recovered Through Annual Fees; Uranium Recovery
Facilities Fee Class
[Actual dollars]
------------------------------------------------------------------------
FY 2024 final FY 2025 final
Summary of costs annual fee annual fee
------------------------------------------------------------------------
DOE Annual Fee Amount (UMTRCA
Title I and Title II) General
Licenses:
UMTRCA Title I and Title II $254,846 $153,324
budgeted resources less 10
CFR part 170 receipts......
10 percent of generic/other 5,908 3,073
uranium recovery budgeted
resources..................
10 percent of uranium N/A N/A
recovery fee-relief
adjustment.................
---------------------------------------
Total Annual Fee Amount 261,000 156,000
for DOE (rounded)......
Annual Fee Amount for Other
Uranium Recovery Licenses:
[[Page 26739]]
90 percent of generic/other 53,169 27,654
uranium recovery budgeted
resources less the amounts
specifically budgeted for
UMTRCA Title I and Title II
activities.................
90 percent of uranium N/A N/A
recovery fee-relief
adjustment.................
---------------------------------------
Total Annual Fee Amount 53,169 27,654
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.
Table XIII--Benefit Factors for Uranium Recovery Licenses, 2025
----------------------------------------------------------------------------------------------------------------
Benefit
Fee category Number of factor per Total value Benefit factor
licensees licensee 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 (2.A.(2)(c))...... 0 ........... ............ 0
Section 11e.(2) disposal incidental to existing 0 ........... ............ 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 annual fee for the
remaining non-DOE licensee is $27,700 (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 final
Facility type (fee category) annual fee annual fee
------------------------------------------------------------------------
Conventional and Heap Leach N/A N/A
mills (2.A.(2)(a)).............
Basic In Situ Recovery $53,200 $27,700
facilities (2.A.(2)(b))........
Expanded In Situ Recovery N/A N/A
facilities (2.A.(2)(c))........
Section 11e.(2) disposal N/A N/A
incidental to existing tailings
sites (2.A.(4))................
------------------------------------------------------------------------
e. Non-Power Production or Utilization Facilities
The NRC will collect $0.194 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 2024 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 2024 final FY 2025 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $3.195 $0.782
Less estimated 10 CFR part 170 receipts. -2.963 -0.621
-------------------------------
Net 10 CFR part 171 resources....... 0.233 0.161
Allocated generic transportation........ 0.054 0.030
[[Page 26740]]
Billing adjustments..................... 0.005 0.002
-------------------------------
Total required annual fee recovery.. 0.292 0.194
Total non-power production or 3 2
utilization facilities licenses....
-------------------------------
Total annual fee per license $0.0972 $0.0968
(rounded)......................
------------------------------------------------------------------------
In comparison to FY 2024, the FY 2025 annual fee for the non-power
production or utilization facilities fee class is decreasing, primarily
due to a 75.5 percent decrease in budgeted resources allocated to the
fee class.
Compared to FY 2024, the budgeted resources 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 the Hermes test reactor, issued on
December 12, 2023. The decrease in budgeted resources is partially
offset by the rise in the fully-costed FTE rate compared to FY 2024 due
to a decrease in mission-direct FTE.
The 10 CFR part 170 estimated billings for this fee class decreased
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
between the two non-power production or utilization facilities
licensees subject to annual fees and results in an FY 2025 annual fee
of $96,800 for each licensee.
f. Rare Earth
In FY 2025, the NRC has allocated approximately $0.05 million in
budgeted resources to this fee class; however, because all the budgeted
resources will be recovered through service fees assessed under 10 CFR
part 170, the NRC will not assess or collect annual fees in FY 2025 for
this fee class.
g. Materials Users
The NRC will collect $46.7 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 2024 final FY 2025 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources for licensees $44.3 $45.1
not regulated by Agreement States......
Less estimated 10 CFR part 170 receipts. -0.8 -0.8
-------------------------------
Net 10 CFR part 171 resources....... 43.5 44.3
Allocated generic transportation........ 2.6 2.2
LLW surcharge........................... 0.1 0.1
Billing adjustments..................... 0.1 0.1
-------------------------------
Total required annual fee recovery.. $46.3 $46.7
------------------------------------------------------------------------
In comparison to FY 2024, there is an increase in the total
budgeted resources allocated to the materials users fee class. This
increase is primarily due to: (1) an increase in mission information
technology for multiple systems; and (2) an increase in the fully-
costed FTE rate compared to FY 2024.
To equitably and fairly allocate total required annual fee recovery
of $46.7 million among approximately 2,300 diverse licensees in the fee
class, the NRC continues to calculate the annual fees for each fee
category 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 total required annual fee recovery of $46.7
million for FY 2025, as shown in table XVI of this document, consists
of $37.0 million for general costs (including the allocated generic
transportation costs), and $9.6 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
[[Page 26741]]
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 ($37.0 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 professional hourly
rate of $318. The inspection priority is the interval between routine
inspections, expressed in years. This calculation results in a constant
multiplier of 1.38 for FY 2025.
The inspection multiplier is established to recover inspection
costs for the fee class ($9.6 million in FY 2025). To derive the
inspection multiplier, the inspection costs for the fee class are
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 an 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 annual fee being assessed to each licensee also takes into
account a share of approximately $0.1 million in LLW surcharge costs
allocated to the materials users fee class (see table IV, ``Allocation
of LLW Surcharge, FY 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, the FY 2025 annual fees
are decreasing for 8 fee categories and increasing for the remaining 48
of the fee categories within the materials users fee class. The
increases for these fee categories range from approximately 1 percent
to 24 percent compared to FY 2024. The increase for the 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 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 annual fee for each fee
category is shown in the revision to Sec. 171.16(d).
h. Transportation
The NRC will collect $2.0 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 2024 final FY 2025 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $13.0 $11.8
Less estimated 10 CFR part 170 receipts. -2.4 -3.3
-------------------------------
Net 10 CFR part 171 resources....... 10.6 8.6
Less generic transportation resources... -8.2 -6.6
Billing adjustments..................... 0.0 0.0
-------------------------------
Total required annual fee recovery.. $2.3 $2.0
------------------------------------------------------------------------
In comparison to FY 2024, the FY 2025 annual fee for the
transportation fee class is decreasing primarily due to a decrease in
the budgeted resources and an increase in the 10 CFR part 170 estimated
billings.
In FY 2025, the budgeted resources decreased due to the
discontinuation of activities related to the Project Pele application.
This decrease was partially offset by an increase in budgeted resources
to support the rise in the fully-costed FTE rate compared to FY 2024.
Furthermore, the 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).
[[Page 26742]]
Table XVIII--Distribution of Transportation Resources, FY 2025
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
Allocated
Number of CoCs Percentage of generic
Licensee fee class/DOE benefiting fee total CoCs transportation
class or DOE resources
----------------------------------------------------------------------------------------------------------------
Materials Users......................................... 25.0 25.7 $2.2
Operating Power Reactors................................ 6.0 6.2 0.5
Spent Fuel Storage/Reactor Decommissioning.............. 21.0 21.6 1.9
Non-Power Production or Utilization Facilities.......... 0.3 0.4 0.0
Fuel Facilities......................................... 23.0 23.6 2.0
Subtotal of Generic Transportation Resources............ 75.3 77.4 6.6
DOE..................................................... 22.0 22.6 1.9
-------------------------------------------------------
Total............................................... 97.3 100.0 8.6
----------------------------------------------------------------------------------------------------------------
The NRC assesses an annual fee to DOE based on the number of 10 CFR
part 71 CoCs held by DOE. The NRC, therefore, does not allocate these
DOE-related resources to other licensees' annual fees because these
resources specifically support DOE.
FY 2025--Policy Change
The NRC is making one policy change--establishing a Reduced Hourly
Rate for advanced nuclear reactor applicants and pre-applicants for
certain activities as required by section 201 of the ADVANCE Act--for
FY 2025. As explained in the following discussion, based on the NRC's
consideration of public comments on the proposed rule and the clearly
demonstrated legislative intent of the ADVANCE Act, this final rule
includes changes that expand the eligibility for the Reduced Hourly
Rate.
Reduced Hourly Rate for Advanced Nuclear Reactor Applicants and Pre-
Applicants
As described in Section I, ``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
who, what, and how for the NRC's implementation of section 201,
including a discussion of changes to the rule upon consideration of
public comments on the proposed rule. Specifically, the discussion is
organized to answer the following questions: (1) who qualifies for the
Reduced Hourly Rate; (2) what activities qualify for the Reduced Hourly
Rate; and (3) how is the Reduced Hourly Rate calculated. As described
in the FY 2025 proposed fee rule, the NRC is implementing section 201
in the FY 2025 fee rule to avoid burdens associated with having to
delay billing for activities eligible for the Reduced Hourly Rate. This
approach allowed for public notice and comment before the October 1,
2025 (FY 2026), statutory effective date, and aided NRC efforts to
provide greater regulatory certainty to external stakeholders.
a. Who qualifies 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. 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].\6\ 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].'' \7\
After the NRC grants or denies the application or if the application is
withdrawn, the entity would no longer qualify as an advanced nuclear
reactor applicant for that application.
---------------------------------------------------------------------------
\6\ Public Law 118-67, div. B, Sec. 201(a)(3) (to be codified
at 42 U.S.C. 2215 note).
\7\ 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. The definitions added to
NEIMA for both an advanced nuclear reactor applicant and an advanced
nuclear reactor pre-applicant apply to any advanced nuclear reactor, as
defined by NEIMA section 3(1), for which an ``application for a
license'' is pursued. Neither NEIMA nor the ADVANCE Act includes a
definition for the term ``license.''
In the FY 2025 proposed fee rule, the NRC proposed defining an
advanced nuclear reactor applicant as an entity that has submitted an
application for an operating license, combined license, or
manufacturing license for an advanced nuclear reactor as defined in
NEIMA. Under the proposed rule, other types of advanced nuclear reactor
applications (e.g., for construction permits and design certifications)
could still have been able to qualify for the Reduced Hourly Rate as
advanced nuclear reactor pre-applicants. As discussed in Section IV,
Public Comments and NRC Responses, the NRC received a number of
comments encouraging the NRC to expand the proposed definition of
advanced nuclear reactor applicant to include applicants for
construction permits, early site permits, design certifications,
limited work authorizations, and standard design approvals.
Upon further consideration and in response to these comments, the
NRC has revised the definition of ``advanced nuclear reactor
applicant'' to include applications that may be used as part of a
phased approach to licensing. Under the revised definition, ``advanced
nuclear reactor applicant'' means an entity that has submitted to the
Commission a ``qualifying application.'' ``Qualifying application'' is
defined as an application that (1) is for an advanced nuclear reactor,
as defined in section 3 of NEIMA; and (2) is for an operating license,
combined license, manufacturing license, construction permit, early
site permit, limited work
[[Page 26743]]
authorization, design certification, or standard design approval.
Conforming changes were also made to the definition of advanced nuclear
reactor pre-applicant.
The NRC has determined that this broader approach is more
consistent with the purpose of the statute and clearly demonstrated
legislative intent. In particular, this broader approach is supported
by the legislative history associated with the ADVANCE Act. This
legislative history associated with the Reduced Hourly Rate provisions
clearly demonstrates a legislative intent for the phrase ``application
for a license,'' for purposes of the Reduced Hourly Rate provisions
added by the ADVANCE Act to NEIMA, to cover an application that may be
submitted to obtain a license or used as part of a phased approach to
licensing. For example, the Senate Report associated with the ADVANCE
Act specifically references vendors, which can submit applications for
design certifications and standard design approvals that may be used by
any entity as part of a phased approach to licensing, in the discussion
of the Reduced Hourly Rate provisions: ``For some nuclear energy
vendors, especially those seeking to license very small nuclear power
systems, the current rate under NEIMA is burdensome.'' S. Rep. No. 118-
182, at 6 (2024). The House Report associated with the House's
precursor bill to the ADVANCE Act also contains language demonstrating
that the Reduced Hourly Rate provisions were intended to apply to fees
charged for applications that may be used as part of a phased approach
to licensing: ``Reducing fees charged in the licensing process for
advanced technologies will reduce barriers to entry without removing
the financial incentive to produce quality applications.'' H.R. Rep.
No. 118-391, pt. 1, at 28 (2024).
Accordingly, consistent with the clearly demonstrated purpose
behind the Reduced Hourly Rate provisions added by the ADVANCE Act to
NEIMA, advanced nuclear reactor applicants for these provisions include
entities that submit applications for licenses under the AEA (i.e.,
operating licenses, combined licenses, manufacturing licenses,
construction permits, and early site permits) as well as applications
that may be used as part of a phased approach to licensing (i.e.,
limited work authorizations, design certifications, and standard design
approvals). As such, the revised definition of advanced nuclear reactor
applicant in this final rule allows for a broader set of applications
to qualify under the definition of advanced nuclear reactor applicant.
While the revised definition of ``advanced nuclear reactor
applicant'' is broader than in the proposed rule, like in the proposed
rule, the revised definition continues to maintain that a qualifying
application must still be for an ``advanced nuclear reactor,'' as
defined in section 3 of NEIMA. Consistent with the text of NEIMA, the
NRC intends to broadly apply the term ``advanced nuclear reactor'' to a
wide variety of technologies for the purposes of determining
eligibility for the Reduced Hourly Rate.
Therefore, consistent with the definitions added by section 201 of
the ADVANCE Act to NEIMA, the NRC is amending Sec. 170.3,
``Definitions,'' to include definitions for the terms ``advanced
nuclear reactor applicant,'' ``advanced nuclear reactor pre-
applicant,'' and ``qualifying application.'' Specifically, the NRC is
defining the term ``advanced nuclear reactor applicant'' in Sec.
170.3, ``Definitions,'' as an entity that has submitted to the
Commission a ``qualifying application,'' as defined in 10 CFR part 170.
The NRC is defining 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 ``qualifying application,'' as defined in 10 CFR part 170.
Finally, the NRC is defining the term ``qualifying application'' in
Sec. 170.3, ``Definitions,'' as an application that (1) is for an
advanced nuclear reactor as defined in section 3 of NEIMA (42 U.S.C.
2215 note); and (2) is for an operating license, combined license,
manufacturing license, construction permit, early site permit, limited
work authorization, design certification, or standard design approval.
b. What activities 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.'' 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.'' Therefore, to
qualify for the Reduced Hourly Rate, an activity must relate to the
review of (1) an advanced nuclear reactor applicant's qualifying
application; or (2) an advanced nuclear reactor pre-applicant's
submitted materials as described in its licensing project plan. As
explained in Section IV, Public Comments and NRC Responses, many
advanced nuclear reactor stakeholders commonly use the term
``regulatory engagement plan'' in lieu of the term ``licensing project
plan.'' For the purposes of determining eligibility for the Reduced
Hourly Rate, the NRC understands the terms ``licensing project plan''
and ``regulatory engagement plan'' to be synonymous, as both can
satisfy the definition of a licensing project plan under section 3 of
NEIMA.
The following non-exhaustive list of examples illustrates the types
of activities that may qualify for the Reduced Hourly Rate. The
following examples are simplified scenarios that assume each entity is
pursuing only one licensing project before the NRC. The NRC
acknowledges that an entity could also be in various stages of the
licensing process for multiple projects, and as such, an entity could
be an advanced nuclear reactor applicant for the purposes of one or
more applications and an advanced nuclear reactor pre-applicant for
other future applications.
Example 1: Entity A has submitted a qualifying application (e.g.,
for a construction permit) for an advanced nuclear reactor as defined
in NEIMA (Entity A's Qualifying Application). Entity A is thus an
advanced nuclear reactor applicant for the purposes of determining
eligibility for the Reduced Hourly Rate. If the NRC holds a public
meeting to gather comments on the scope of the associated environmental
review, fees assessed to Entity A for that public meeting would use the
Reduced Hourly Rate because that public meeting relates to the review
of Entity A's Qualifying Application.
Example 2: The same entity, Entity A, submits a topical report for
NRC staff review to be incorporated in Entity A's Qualifying
Application to address an underlying issue identified during NRC review
of Entity A's Qualifying Application. Fees assessed to Entity A for the
review of the topical report would be assessed at the Reduced Hourly
Rate because the review of the topical report relates to the review of
Entity A's Qualifying Application.
Example 3: The same entity, Entity A, submits a different topical
report for NRC staff review that is unrelated to the review of Entity
A's Qualifying Application. Fees assessed to Entity A for the review of
the topical report would not be assessed at the Reduced Hourly Rate and
would instead be assessed at the full-cost professional hourly rate.
Although the review of the topical report could qualify for the
[[Page 26744]]
Reduced Hourly Rate if the entity also qualified as an advanced nuclear
reactor pre-applicant, the examples assume each entity is pursuing only
one licensing project before the NRC.
Example 4: Entity B has submitted a licensing project plan for the
purpose of submitting a future qualifying application (e.g., for an
operating license) for an advanced nuclear reactor as defined in NEIMA.
Entity B is thus an advanced nuclear reactor pre-applicant for the
purposes of determining eligibility for the Reduced Hourly Rate. Entity
B's licensing project plan includes sufficient information about a
topical report that Entity B plans to submit for NRC staff review that
it intends to reference in its future qualifying application. Entity B
would be assessed fees at the Reduced Hourly Rate for the NRC staff's
review of that topical report because it relates to the review of
submitted material as described in Entity B's licensing project plan.
Example 5: The same entity, Entity B, submits a different topical
report. However, Entity B's licensing project plan does not describe
this topical report, nor does Entity B revise its licensing project
plan to do so. Fees assessed to Entity B for the review of this topical
report would not be assessed at the Reduced Hourly Rate and would
instead be assessed at the full-cost professional hourly rate.
Consistent with the language added by section 201 of the ADVANCE
Act to NEIMA, the NRC is including language in Sec. 170.20, ``Average
cost per professional staff-hour,'' to make clear what activities
qualify for the Reduced Hourly Rate. Consistent with the statutory
effective date, the NRC is specifying 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 specifying 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 for an advanced nuclear reactor pre-applicant will be calculated
using the Reduced Hourly Rate.
c. How is the reduced hourly rate calculated?
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 II, Discussion, ``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's methodology for calculating the Reduced Hourly Rate in
this final rule is the same as described in the proposed rule.
Specifically, the NRC is calculating 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 Reduced Hourly Rate calculation:
[GRAPHIC] [TIFF OMITTED] TR24JN25.001
Thus, the Reduced Hourly Rate is $148 per hour and represents an
over 50 percent reduction from the full-cost professional hourly rate
of $318 per hour. The following table shows the Reduced Hourly Rate
calculation methodology.
Reduced Hourly Rate Calculation
[Dollars in millions, except as noted]
------------------------------------------------------------------------
FY 2025 final
rule
------------------------------------------------------------------------
Mission-Direct Budgeted Resources for the Nuclear $297.5
Reactor Safety Program.................................
Mission-Direct FTE for the Nuclear Reactor Safety 1,332.9
Program................................................
Annual Mission-Direct FTE Productive Hours (Whole 1,507
numbers)...............................................
Mission-Direct FTE for the Nuclear Reactor Safety 2,008,680
Program Converted to Hours (Mission-Direct FTE for the
Nuclear Reactor Safety Program multiplied by Annual
Mission-Direct FTE Productive Hours) (Whole Numbers)...
Reduced Hourly Rate (Mission-Direct Budgeted Resources $148
for the Nuclear Reactor Safety Program Divided by
Mission-Direct FTE for the Nuclear Reactor Safety
Program Converted to Hours) (Whole Numbers)............
------------------------------------------------------------------------
[[Page 26745]]
Both the professional hourly rate and the Reduced Hourly Rate are
reflected in revisions to Sec. 170.20 in this final rule.
Specifically, the NRC is amending Sec. 170.20 to establish two hourly
rates: (1) the professional hourly rate at $318 per hour, as described
in Section II, Discussion, ``FY 2025 Fee Collection--Professional
Hourly Rate,'' of this document; and (2) the Reduced Hourly Rate at
$148 per hour, as described here. The professional hourly rate is
effective August 25, 2025, coinciding with the effective date of this
final rule. For the Reduced Hourly Rate, the amendments to Sec. 170.20
include language indicating that the Reduced Hourly Rate does not take
effect until October 1, 2025 (FY 2026), consistent with the statutory
effective date in section 201 of the ADVANCE Act. Further, the
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 is amending 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 professional hourly rate and the Reduced Hourly Rate
provided in this final rule are based on the Full-Year Continuing
Resolution.
FY 2025--Administrative Changes
The NRC is not proposing any administrative changes in FY 2025.
III. Public Comment Analysis
Overview of Public Comments
The NRC published a proposed rule on February 19, 2025 (90 FR 9848)
and requested public comment on its proposed revisions to 10 CFR parts
170 and 171. By the close of the comment period, the NRC received
sixteen written comment submissions on the FY 2025 proposed rule. In
general, commenters were supportive of the specific proposed regulatory
changes, although most commenters expressed concerns about broader fee
policy issues related to the overall size of the NRC's budget, fairness
of fees, transparency, and budget formulation. Some commenters'
concerns were outside the scope of the fee rule.
The commenters are listed in table XIX of this document.
Table XIX--FY 2025 Final Fee Rule Commenter Submissions
----------------------------------------------------------------------------------------------------------------
Commenter Affiliation ADAMS accession No.
----------------------------------------------------------------------------------------------------------------
Colin Gold............................... Self............................. ML25056A024
Kathy Edwards............................ Aerotest Operation, Inc ML25069A394
(Aerotest).
Thomas Newton............................ National Institute of Standards ML25073A008
and Technology (NIST).
Wayne A. Norton.......................... Decommissioning Plant Coalition ML25073A012
(DPC).
Peter S. Hastings........................ Kairos Power, LLC (Kairos Power). ML25083A075
Spencer Toohill.......................... The Breakthrough Institute ML25083A229
(Breakthrough Institute).
Nicholas McMurray........................ ClearPath........................ ML25083A230
Judi Greenwald........................... Nuclear Innovation Alliance (NIA) ML25083A231
Jennifer Uhle............................ Nuclear Energy Institute (NEI)... ML25083A232
Malcolm Thompson......................... Deep Fission, Inc. (Deep Fission) ML25083A233
Ian Gifford.............................. TerraPower, LLC (TerraPower)..... ML25083A234
Holly Harvey............................. Urenco USA (UUSA)................ ML25083A235
Gabrielle Schreier....................... GE Hitachi Nuclear Energy........ ML25083A236
David Terry.............................. National Association of State ML25083A237
Energy Officials (NASEO).
D W Gregoire............................. Energy Northwest................. ML25083A238
Alan Ahn................................. Third Way........................ ML25083A239
----------------------------------------------------------------------------------------------------------------
Information about obtaining the complete text of the comment
submissions is provided in the ``Availability of Documents'' section of
this document.
IV. Public Comments and NRC Responses
The NRC has carefully considered the public comments received on
the proposed rule. The comments have been organized by topic. Comments
from multiple commenters raising similar specific concerns were
combined to capture the common issues raised by the commenters.
Comments from a single commenter have largely been quoted to ensure
accuracy; brackets within those comments are used to show changes that
have been made to the quoted comments.
A. Reduced Hourly Rate: Definition of Advanced Nuclear Reactor
Applicant
Comment: Most of the commenters generally support implementation of
section 201 of the ADVANCE Act in this rule. (Colin Gold, Breakthrough
Institute, ClearPath, NIA, NEI, Deep Fission, TerraPower, NASEO, Energy
Northwest, and Third Way). While commenters generally support the
Reduced Hourly Rate, a majority of commenters suggested that the
definition of ``advanced nuclear reactor applicant'' in the proposed
rule should be expanded to also include applications for construction
permits, early site permits, limited work authorizations, design
certifications, and standard design approvals. Commenters asserted that
such revisions would be more consistent with the text and intent of
NEIMA and the ADVANCE Act, avoid unnecessary administrative burdens,
and provide greater clarity and efficiency, among other things. (Kairos
Power, Breakthrough Institute, ClearPath, NIA, NEI, TerraPower, NASEO,
Energy Northwest, and Third Way).
Response: The NRC agrees with these comments. Upon further
consideration, the NRC agrees that the Reduced Hourly Rate provisions
added by the ADVANCE Act to NEIMA cover a broader range of applications
than envisioned by the proposed rule. In the proposed rule, the NRC
proposed defining an advanced nuclear reactor applicant as an entity
that has submitted an application for an operating license, combined
license, or manufacturing license for an advanced nuclear reactor. An
entity submitting other types of advanced nuclear reactor applications
(e.g., for construction permits and design certifications) would have
been able to qualify for the Reduced Hourly Rate as an advanced nuclear
reactor pre-applicant, if the
[[Page 26746]]
entity submitted a qualifying licensing project plan.
However, several commenters rightly assert that the definition of
advanced nuclear reactor applicant in the proposed rule would be
inconsistent with the purpose of the statute, and the legislative
history associated with the ADVANCE Act supports a broader definition
of advanced nuclear reactor applicant. See, e.g., S. Rep. No. 118-182,
at 6 (2024); H.R. Rep. No. 118-391, pt. 1, at 28 (2024). Accordingly,
consistent with the clearly demonstrated purpose behind the Reduced
Hourly Rate provisions added by the ADVANCE Act to NEIMA, advanced
nuclear reactor applicants for these provisions include entities that
submit applications for licenses under the AEA (i.e., operating
licenses, combined licenses, manufacturing licenses, construction
permits, and early site permits) as well as applications that may be
used as part of a phased approach to licensing (i.e., limited work
authorizations, design certifications, and standard design approvals).
As a result, for advanced nuclear reactor applicants, the NRC will
apply the Reduced Hourly Rate to fees assessed relating to the review
of submitted applications for operating licenses, combined licenses,
manufacturing licenses, construction permits, early site permits,
limited work authorizations, design certifications, and standard design
approvals.
In response to these comments, the NRC has revised the new
definition of ``advanced nuclear reactor applicant,'' added a
definition for ``qualifying application,'' and made conforming changes
to the new definition of ``advanced nuclear reactor pre-applicant.''
Specifically, ``advanced nuclear reactor applicant'' is defined as ``an
entity that has submitted to the Commission a `qualifying application,'
as defined in this part.'' A ``qualifying application'' is then
separately defined as ``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); and (2) is for
an operating license, combined license, manufacturing license,
construction permit, early site permit, limited work authorization,
design certification, or standard design approval.'' An ``advanced
nuclear reactor pre-applicant'' is defined as ``an entity that has
submitted to the Commission a licensing project plan for the purposes
of submitting a future `qualifying application,' as defined in this
part.''
B. Reduced Hourly Rate: Applicability to Other Entities
Comment: At least two commenters suggested that NRC review of
topical reports should qualify for the Reduced Hourly Rate. (NEI,
Breakthrough Institute).
Response: The NRC agrees in part and disagrees in part with these
comments. The NRC disagrees with these comments to the extent that they
suggest an entity can qualify as an ``advanced nuclear reactor
applicant'' solely by virtue of submitting a topical report. As
discussed in the preceding comment response, a qualifying application
means an application for an operating license, combined license,
manufacturing license, construction permit, early site permit, limited
work authorization, design certification, or standard design approval.
However, the NRC agrees that the review of a topical report may still
qualify for the Reduced Hourly Rate. An entity may still be able to
qualify for the Reduced Hourly Rate for fees assessed for the review of
a topical report where (1) an advanced nuclear reactor pre-applicant
describes the topical report in its licensing project plan, or (2)
where an entity that is otherwise an advanced nuclear reactor applicant
submits a topical report for review to be incorporated in its
qualifying application.
No changes were made to the final rule as a result of this comment.
C. Reduced Hourly Rate: Clarification of Applicability to Pre-
Application Activities
Comment: Several commenters made suggestions or sought
clarification on the eligibility for the Reduced Hourly Rate for other
pre-application activities, including topical report reviews, white
paper reviews, technical report reviews, regulatory framework reviews,
readiness reviews, site-specific evaluations, technical discussions,
audits, and staff or public meetings, among other things. (Breakthrough
Institute, ClearPath, Kairos Power, NIA). One commenter suggested that
the NRC should define ``pre-application'' in this rulemaking.
(Breakthrough Institute). One commenter suggested that inclusion in a
licensing project plan should not be necessary for an advanced nuclear
reactor pre-applicant to receive the Reduced Hourly Rate for review of
a submittal. (Kairos Power).
Response: The NRC agrees in part and disagrees in part with these
comments. The NRC agrees that a variety of pre-application activities
can qualify for the Reduced Hourly Rate but disagrees that the Reduced
Hourly Rate for pre-applicants does not depend on whether the pre-
applicant included the material in its licensing project plan and that
``pre-application'' should be defined in this rulemaking. Consistent
with the Reduced Hourly Rate provisions added by the ADVANCE Act to
NEIMA, whether a pre-application activity qualifies for the Reduced
Hourly Rate depends on whether the activity ``relat[es] to the review
of submitted materials as described in the licensing project plan.''
Section II, Discussion, ``FY 2025--Policy Changes,'' of this document
provides several examples to help illustrate the types of activities
that may qualify for the Reduced Hourly Rate as ``relating to the
review of submitted materials as described in the licensing project
plan.''
No changes were made to the final rule as a result of these
comments.
D. Reduced Hourly Rate: Clarification of ``Licensing Project Plan''
Comment: Several commenters suggested that the NRC clarify that
``licensing project plan'' as the term is used in the definition of
advanced nuclear reactor pre-applicant is synonymous to the term
``regulatory engagement plan'' as commonly used by industry
stakeholders. (Kairos Power, Breakthrough Institute, ClearPath).
Commenters also suggested that the NRC take a flexible approach in
terms of allowing plans to evolve over time and the level of detail
required. (Breakthrough Institute, ClearPath). One commenter also
stated that ``[t]he NRC should ensure that pre-applicants submitting a
Qualifying Licensing Project Plan are eligible for the reduced fee
without an immediate obligation to submit a full license application,''
and that ``the NRC should also confirm that the reduced fee rate
applies for the full duration of pre-application engagement[.]''
(Breakthrough Institute).
Response: The NRC agrees with these comments. The NRC agrees that,
for the purposes of determining eligibility for the Reduced Hourly Rate
for an advanced nuclear reactor pre-applicant, the terms ``licensing
project plan'' and ``regulatory engagement plan'' are synonymous as
both can satisfy the definition of a licensing project plan under
section 3 of NEIMA. As defined in section 3 of NEIMA, a licensing
project plan is ``a plan that describes--(A) the interactions between
an applicant and the Commission; and (B) project schedules and
deliverables in specific detail to support long-range resource planning
undertaken by the Commission and an applicant.''
The NRC also agrees that the licensing project plan may describe a
broad array
[[Page 26747]]
of activities eligible for the Reduced Hourly Rate. The NRC recognizes
that licensing project plans are also able to evolve over time. Some
pre-applicants update their plans periodically, for example, on a
quarterly basis. In addition, the NRC agrees that there is no specific
time period by which an advanced nuclear reactor pre-applicant must
submit a qualifying application. However, the availability of the
Reduced Hourly Rate for pre-applicants is time-limited as the Reduced
Hourly Rate sunsets for pre-applicants on September 30, 2030, after
which only advanced nuclear reactor applicants will be eligible for the
Reduced Hourly Rate.
Lastly, the NRC agrees that the material described in a licensing
project plan does not need to be overly specific, but the material must
be described with enough specificity for the NRC to understand the
nexus of the material to a future qualifying application.
In response to this comment, the NRC clarified in the preamble of
this rule that ``licensing project plan,'' as the term is used in the
definition of advanced nuclear reactor pre-applicant, is synonymous to
the term ``regulatory engagement plan.'' No changes to the rule text
were made as a result of this comment.
E. Reduced Hourly Rate: Definition of Advanced Nuclear Reactor Under
NEIMA
Comment: Several commenters suggested that the NRC clarify the
types of advanced nuclear reactors eligible for the Reduced Hourly
Rate. Commenters suggested that the definition of advanced nuclear
reactor in NEIMA applies to a wide variety of technologies, including
Generation III+ SMRs, non-LWRs, micro-reactors, and some Gen III+ large
LWRs. Commenters further stated that this approach would align with the
intent of NEIMA and the ADVANCE Act to facilitate the licensing of a
broad array of innovative reactor technologies. (NEI, GE Hitachi
Nuclear Energy, NASEO).
Response: The NRC agrees in part and disagrees in part with these
comments. The NRC agrees that the definition of ``advanced nuclear
reactor'' in NEIMA is broad, and the NRC intends to apply it to a wide
variety of technologies for the purposes of determining eligibility for
the Reduced Hourly Rate.
The NRC disagrees with these comments to the extent that commenters
suggest the NRC separately define ``advanced nuclear reactor'' in this
rulemaking. Among other things, section 201 of the ADVANCE Act amends
NEIMA to add definitions for ``advanced nuclear reactor applicant'' and
``advanced nuclear reactor pre-applicant.'' Those statutory definitions
use the term ``advanced nuclear reactor,'' which is also defined in
NEIMA. In the same way, the new part 170 definitions for ``advanced
nuclear reactor applicant'' and ``advanced nuclear reactor pre-
applicant'' incorporate the statutory definition of ``advanced nuclear
reactor'' in section 3 of NEIMA, which allows for the new part 170
definitions to cover a wide variety of reactors, including those using
emergent technologies. Accordingly, the NRC disagrees that a separate
definition for ``advanced nuclear reactor'' is needed in part 170.
Consistent with section 3 of NEIMA, the NRC intends to apply the
definition of advanced nuclear reactor broadly for the purposes of
determining eligibility for the Reduced Hourly Rate.
No changes were made to the final rule as a result of this comment.
F. Reduced Hourly Rate: Quality of Reviews
Comment: One commenter suggested the NRC should clarify how the
Reduced Hourly Rate may impact the quality of the NRC's licensing
reviews for new reactors. (NASEO)
Response: The NRC is committed to providing an efficient and
reliable licensing review regardless of whether an application
qualifies for the Reduced Hourly Rate. Qualifying for the Reduced
Hourly Rate will not affect the processes by which an application is
reviewed or the resources dedicated to the review. As such,
implementation of the Reduced Hourly Rate will have no impact on the
quality of the NRC's licensing reviews.
No changes were made to the final rule as a result of this comment.
G. Reduced Hourly Rate: Out of Scope
Comment: Two commenters suggested that the NRC consider adopting
other kinds of reduced or excluded rates, including a fee exclusion for
application reviews and pre-application activities for early mover
states with no existing nuclear reactors, a reduced rate for batching
applications for multiple sites within a state, reductions for first-
of-a-kind deployments, or expanding the eligibility for pre-applicants
beyond 2030. (NASEO, Colin Gold)
Response: These suggestions are beyond the scope of what is
required by section 201 of the ADVANCE Act and the policy change in
this fee rulemaking is intended to implement the requirements of
section 201 of the ADVANCE Act.
No changes were made to the final rule as a result of this comment.
H. Excluded Activities
Comment: One commenter asked what is included in the Medical
Isotope Production Infrastructure fee-relief category and how to apply
for inclusion into this activity. In addition, this commenter wanted to
know if the costs not recovered from small entity status applies to
licensees that have a part 30, 40, 70, 71, or 76 license and a 10 CFR
part 50 license for medical isotopes. (Aerotest)
Response: Since the FY 2012 final fee rule (77 FR 35809; June 15,
2012), the NRC has identified medical isotope production as a fee-
relief activity.The budgeted resources for activities related to
medical isotope production are not attributable to any existing NRC
licensees as there are no operating medical isotope production
facilities. Entities do not apply for inclusion in a fee-relief
activity. Rather, fee-relief activities are identified by the
Commission.
To the second question, the NRC's requirements for small entity
classification only apply to certain types of licensees and do not
apply to part 50 or part 52 licensees. 10 CFR 171.16(c) states ``[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.''
Licensees who are required to pay annual fees under 10 CFR 171.16 are
10 CFR part 30 (byproduct material), part 40 (source material), part 70
(special nuclear material), part 71 (packaging and transportation of
radioactive material) and part 72 (independent storage of spent nuclear
fuel) licensees. Part 50 and 52 licensees are not ``required to pay
fees'' under 10 CFR 171.16; rather, Part 50 and 52 licensees are
required to pay fees under 10 CFR 171.15.
No changes were made to the final rule as a result of these
comments.
I. Non-Power Production or Utilization Facilities Fee Class: Annual
Fees
Comment: One commenter asked who are the three non-power production
or utilization facilities in FY 2024 and who are the two facilities in
FY 2025. In addition, the commenter wanted to know why this class of
license fees increased so much compared to the other fee classes.
(Aerotest)
Response: As shown in the FY 2024 fee rule work papers, the non-
power production or utilization facilities licensees subject to annual
fees in FY 2024 were Dow Chemical, General Electric (GE) Hitachi, and
NIST. As shown in the FY 2025 work papers, the
[[Page 26748]]
non-power production or utilization facilities licensees subject to
annual fees in FY 2025 are Dow Chemical and NIST due to the shutdown of
the GE Hitachi Vallecitos Nuclear Center in FY 2024.
While the NRC proposed a decrease in the total required annual fee
recovery for the non-power production or utilization facilities fee
class in FY 2025 proposed fee rule, the total annual fee per licensee
was estimated to increase primarily due to a decrease in the number of
licensees in this fee class. However, in this final rule, the annual
fee per non-power production or utilization facility licensee is
decreasing from approximately $972,000 in FY 2024 to approximately
$968,000 in FY 2025.
The FY 2025 proposed rule was based on the FY 2025 budget request
because a full-year appropriation for FY 2025 had not been enacted at
the time of the proposed rule's publication. This final rule is based
on the enacted budget in the Full-Year Continuing Resolution. Based on
the Full-Year Continuing Resolution, the budgeted resources allocated
to the non-power production or utilization facilities fee class in this
final fee rule is approximately $782,000, a decrease of approximately
$144,000 compared to the FY 2025 proposed rule.
No change was made to this final rule in response to this comment.
J. Non-Power Production or Utilization Facilities Fee Class: Fee
Structure
Comment: One commenter suggested that ``it is difficult to see how
the proposed rule meets the intent of the AEA, as the fees impose an
increasing burden on the two remaining licensees, further reducing
resources that would otherwise be available for research and
development. We urge the NRC to make a wholesale examination of the fee
structure and how to best meet the national mission of education and
research brought about by non-power production or utilization
facilities, rather than undermining it by an increasingly
disproportionate and unfair fee structure.'' (NIST)
Response: The NRC disagrees with the comment that the NRC's fees
for the non-power production or utilization facilities fee class are
inconsistent with the intent of the AEA. The NRC acknowledges that the
FY 2025 proposed fee rule estimated an increase in annual fees per non-
power production or utilization facility licensee compared to FY 2024.
However, in this final rule, the annual fee per non-power production or
utilization facility licensee is decreasing from approximately $972,000
in FY 2024 to approximately $968,000 in FY 2025. The difference between
the proposed and final rule here is due to a decrease in budgeted
resources allocated to the fee class based on the enacted budget.
The NRC recognizes the impact of its budgeted resources on the fees
for facilities involved in education, research, training, and outreach.
The NRC is actively working to ensure fees remain stable, predictable,
and equitable for the remaining licensees in the non-power production
or utilization facilities fee class.
No change was made to this final rule in response to this comment.
K. Spent Fuel Storage and Decommissioning Fee Class
Comment: One commenter stated that ``the way in which fees are
calculated must change in the long term for [independent spent fuel
storage installations] and decommissioning sites. As arguably the most
passive regulated activity the agency conducts, and with the lowest
risk profile of these activities, these areas deserve a differing
treatment in calculation [of] the annual and hourly fees.'' The
commenter also stated that in the NRC's March 6, 2025, public meeting
on this year's fee rule, the proposed fee rule ``shows a 70 [percent]
increase in annual fees for spent fuel storage and decommissioning fees
over the past [five] years'' and that, for their members' sites,
``these activities produce no product and no income, and costs
ultimately fall in large measure to the taxpayer (for fuel storage) via
Judgement Fund reimbursements.'' (DPC)
Response: The NRC acknowledges that the FY 2025 proposed rule
estimated an increase in annual fees for the spent fuel storage/reactor
decommissioning fee class compared to FY 2024. However, in this final
rule, the annual fee per licensee remains the same as in FY 2024. The
difference between the proposed and final rule here is due to a
decrease in budgeted resources allocated to the fee class based on the
enacted budget for FY 2025.
With respect to the comment's broader concern about changing the
calculation of fees for the spent fuel storage/reactor decommissioning
fee class, the NRC is mindful of the impact of its budgeted resources
on the fees for the spent fuel storage/reactor decommissioning fee
class that is assessed to 10 CFR part 50 and 10 CFR part 52 power
reactor licensees, and to 10 CFR part 72 licensees that do not hold a
10 CFR part 50 license or a 10 CFR part 52 combined license. The spent
fuel storage/reactor decommissioning fee class supports the activities
of the spent fuel storage and transportation and the decommissioning
and LLW business lines, including both direct-billable licensing
actions and generic activities that indirectly support the agency's
mission in these areas.
NEIMA requires the NRC to recover, to the maximum extent
practicable, approximately 100 percent of its annual budget, less
certain amounts excluded from this fee recovery requirement. NEIMA also
requires that annual fees, to the maximum extent practicable, be
reasonably related to the cost of providing regulatory services. As
noted in the FY 1999 final fee rule establishing the fee class (64 FR
31448), the NRC believes that assessing a spent fuel storage/reactor
decommissioning annual fee to all reactor licensees who have spent fuel
onsite and all Part 72 licensees who do not hold a Part 50 license is a
reasonable approach for recovering NRC costs for generic spent fuel
storage and reactor decommissioning activities because it ensures that
the licensees who benefit from the NRC's generic spent nuclear storage
and reactor decommissioning activities bear a fair portion of these
costs.
No changes were made to this final rule as a result of these
comments.
L. Detailed Breakdown on Annual Fee Usage
Comment: One commenter stated that ``the percentage of the NRC
budget supported by annual fees. . .has risen substantially over the
past 10 years. Despite being over 60 [percent] of the NRC budget, the
proposed fee rule and associated work papers provide scarce information
on how annual fees are utilized. We encourage the NRC to expand the
information provided in the FY2025 final fee rule, and in future rules,
to include a detailed breakdown on annual fee usage.'' (NEI)
Response: The NRC continues to look for ways to enhance both the
proposed and final fee rule work papers. The work papers that support
the fee rule show in detail how the NRC allocates the budgeted
resources for each class of licensees and calculates the annual fees.
The NRC has made enhancements to the work papers every year since FY
2019 and will continue to look for ways to improve the work papers to
provide more transparency regarding annual fees.
During budget formulation, the NRC estimates the budgeted resources
it expects to be 10 CFR part 170 work (e.g., license application
reviews) and what resources the NRC expects to be 10 CFR part 171 work.
Budgeted 10 CFR part 171 work generally supports generic
[[Page 26749]]
infrastructure activities such as rulemaking and guidance development.
Once the NRC receives an enacted budget, budgeted resources are
allocated among the fee classes as part of the fee rule process. The
NRC recovers the costs of generic infrastructure activities that
benefit a fee class through part 171 annual fees. Additionally,
mission-indirect program support and agency support resources are
allocated among the fee classes through the application of the
professional hourly rate for part 170 fees and the fully-costed FTE
rate for part 171 annual fees.
Annual fees can also be impacted when budgeted 10 CFR part 170 work
does not materialize as expected due to circumstances like delayed or
cancelled licensing submittals. Under NEIMA, the NRC must first collect
service fees for NRC work that provides specific benefits to
identifiable recipients. Because the NRC's fee recovery under 10 CFR
part 170 will not equal 100 percent of the agency's total budget
authority for the fiscal year (less the budget authority for excluded
activities), the NRC also assesses annual fees under 10 CFR part 171 to
recover the remaining amount necessary to comply with NEIMA. Estimated
10 CFR part 170 billings, therefore, are inversely related to the
projected annual fee for a fee class. The less the NRC estimates to
collect in 10 CFR part 170 billings, the more it assesses in 10 CFR
part 171 annual fees.
No changes were made to the final rule as a result of these
comments.
M. Rent Subsidy
Comment: One commenter stated that ``the FY2025 budget includes
approximately $6 million to subsidize rent for the Food and Drug
Administration (FDA) and the National Institutes of Health (NIH). In
its October 12, 2021, letter to Congress on the [NEIMA], NRC identified
that over the course of this lease the nuclear industry will pay
approximately $48 million to subsidize rent for the [FDA] and the [NIH]
in the 3WFN building. These payments do nothing to support the agency's
mission and should not be funded through fees collected from NRC
licensees and, ultimately, electricity rate payers. We encourage the
NRC to continue its discussions with Congress to remove these payments
from the fee base.'' (NEI)
Response: NEIMA requires the NRC to recover, to the maximum extent
practicable, approximately 100 percent of its annual budget authority,
less the budget authority for excluded activities. The Three White
Flint subsidy is not currently an excluded activity under NEIMA.
No change was made to this final rule as a result of this comment.
N. Corporate Support Budget
Comment: One commenter stated, ``We appreciate the NRC efforts to
manage and reduce corporate support costs. However, these efforts do
not appear to be effective. Under NEIMA, as modified by the ADVANCE
Act, corporate support costs, to the maximum extent practicable, shall
not exceed 30 [percent] of the total budget authority of the
Commission. The corporate support budget for FY 2025 is 31.9 [percent]
of total budget authority. This is a 1.7 [percent] increase over the FY
2024 value of 30.2 [percent]. We encourage NRC to double its efforts to
reduce corporate support costs.'' (NEI)
Response: The NRC continues to pursue efficiencies and other ways
to reduce corporate support costs. Section 102(a)(3) of NEIMA requires
that, to the maximum extent practicable, the corporate support costs
requested in the annual budget justification provided to Congress not
exceed a specified percentage of the total budget authority requested
for the NRC in its annual budget justification (section 102(a)(3)(B) of
NEIMA, as amended by the ADVANCE Act, includes the percentage
applicable to the annual budget justification for FY 2025). As stated
in the Executive Summary to the FY 2025 CBJ, the corporate support
request was approximately 31.9 percent of the agency's total requested
budget authority and reflects the agency's efforts to comply with the
corporate support cap of section 102(a)(3) of NEIMA to the maximum
extent practicable. Pages 79-81 of the FY 2025 CBJ provide more
specific information on the corporate support costs by product line
that comprised the 31.9 percent.
Section 102(a)(3) of NEIMA as it pertains to the corporate support
cap applicable to the annual budget justification does not apply to the
annual fee rule. The agency will continue efforts to implement
efficiencies and invest resources in initiatives that will result in
future savings in corporate support costs.
No changes were made to this final rule as a result of these
comments.
O. Fuel Cycle Facilities: Annual Fees
Comment: One commenter stated that ``While it is promising to see
stable fees for fuel cycle facilities after two years of double-digit
percentage point increases, fees for all facility categories remain
above their 20-year averages. Furthermore, the FY 2025 annual fee for
Category I fuel fabrication facilities surpasses that of a power
reactor. This is inappropriate given the difference in hazard profiles
and complexities between the two licensees.'' (NEI)
Response: The NRC continues to be mindful of the impact of its
budgeted resources on the fees for the fuel facilities fee class. To
reduce the impact of this uncertainty on the annual fees for the fuel
facilities fee class, the NRC staff is implementing a number of
improvements to its budget formulation process geared toward enhancing
the accuracy of its budget estimates. Specifically, for this effort,
the staff performed an environmental scan, conducted extensive
outreach, and reviewed historic application rates and delays. While the
fuel facilities annual fees were estimated to be flat compared to FY
2024 in the proposed rule, annual fees decreased in this final rule.
The difference between the proposed and final rule here is due to a
decrease in budgeted resources allocated to the fee class based on the
enacted budget.
Projected workload, which informs the agency budget, is largely
based on information from licensees, applicants, and potential
applicants. The NRC also continues to work with licensees, applicants,
and potential applicants to obtain information to allow the agency to
have high confidence in workload projections, and to communicate with
external stakeholders during key points in the annual budget cycle
where the NRC can best facilitate adjustments.
When formulating the budget, the NRC takes into consideration
various factors, including workload forecasting, historical data and
trends in the business line, information from licensees and potential
applicants, and uncertainty of projections. The NRC assesses the
current environment and performs workload forecasting, which includes
looking for significant drivers that could impact future workload.
These include, but are not limited to, technical and regulatory
developments that have the potential to generate additional work or
reduce work (i.e., pre-application activities and applications for new
fuel facilities, potential major amendment requests and license
termination requests, rulemaking activities, guidance development, and
oversight of the fuel facilities program). When budgeted 10 CFR part
170 work (e.g., licensing and inspection activities charged to a single
licensee) does not materialize as expected, significant changes to the
annual fee for the fee class can result. Assessing the above workload
forecasting factors enhances the
[[Page 26750]]
accuracy of the agency's budget estimates to mitigate the risk of such
changes to the annual fee for the fee class.
Although the NRC is mindful of the impact of its budgeted resources
on the fees for the fuel facilities fee class, the fee class budget is
not linearly proportional to the number of licensees in the fuel
facilities fee class. Resources are required to develop and maintain
the infrastructure independent of the number of operational fuel
facilities. The fuel facilities business line must maintain certain
minimum requirements in order to meet the NRC's regulatory and
statutory oversight role. This includes maintaining expertise in a
number of technical areas, including integrated safety analysis,
radiation protection, criticality safety, chemical safety, fire safety,
emergency management, environmental protection, decommissioning,
management measures, material control and accounting, physical
protection, and information security. Budgeted resources in technical
areas are recovered through 10 CFR part 170 service fees as well as 10
CFR part 171 annual fees. Mission-indirect program support and agency
support resources are allocated among the fee classes through the
application of the professional hourly rate and the fully-costed FTE
rate.
No changes were made to this final rule as a result of these
comments.
P. Fuel Cycle Facilities: Effort Factor Matrix
Comment: One commenter stated that ``Urenco USA (UUSA) supports the
NRC in continuing to concentrate efforts in reducing the overall fee
burden on the Fuel Cycle Facilities.'' The commenter further stated
that their current effort factor of 10 should be a 5 for the process of
Enrichment Safeguards and that ``UUSA is a Category III facility
enriching to LEU levels and should not be classified at the same level
as higher category facilities that perform higher enrichment.'' In
addition, the commenter stated that their Scrap/Waste safety factor
should be 1, in lieu of 5, and that ``[c]onsideration should be given
to the volume and activity of radioactive waste generated at UUSA,
compared to other Category III facilities. If the amount of waste
generated at UUSA is lower in comparison to other Category III
facilities, a reduced fee effort factor should be applied.'' (UUSA)
Response: The NRC effort factors are based on the commensurate
level of regulatory effort. The effort factors in the matrix represent
non-billable, regulatory effort (e.g., rulemaking and guidance). The
facility category and enrichment are only part of the factors that are
considered when determining the effort factor for each process. The
UUSA facility operations and requirements have not changed and
therefore the level of regulatory effort and effort factor as it
relates to Enrichment Safeguards remains unchanged.
In addition, the programmatic effort (expressed as a value in the
matrix) reflects the safety and safeguards risk significance associated
with the nuclear material and use/activity, and the commensurate
generic regulatory program (i.e., scope, depth and rigor). While the
amount of waste generated and stored, and the activity are evaluated,
the effort factor for Scrap/Waste Safety is evaluated for individual
facilities and not on a scale that compares facilities.
No changes were made to this final rule as a result of these
comments.
V. Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),\8\ the NRC has prepared a regulatory flexibility analysis
related to this final rule. The regulatory flexibility analysis is
available as indicated in the ``Availability of Documents'' section of
this document.
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\8\ 5 U.S.C. 603. The RFA, 5 U.S.C. 601-612, has been amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
Public Law 104-121, Title II, 110 Stat. 847 (1996).
---------------------------------------------------------------------------
VI. Regulatory Analysis
Under NEIMA, the NRC is required to recover, to the maximum extent
practicable, approximately 100 percent of its annual budget for FY 2025
less the budget authority for excluded activities. The NRC assesses two
types of fees to meet the requirements of NEIMA. First, service fees,
established in 10 CFR part 170 under the authority of the IOAA and
NEIMA, recover the NRC's costs of providing specific benefits to
identifiable recipients (such as licensing work, inspections, and
special projects). Second, annual fees, established in 10 CFR part 171
under the authority of NEIMA, recover generic and other regulatory
costs not otherwise recovered through 10 CFR part 170 fees.
With respect to 10 CFR part 170 service fees, this rule was
developed under IOAA and NEIMA and consistent with OMB Circular A-25.
NEIMA requires the NRC to ``assess and collect fees,'' in accordance
with the IOAA, ``from any person who receives a service or thing of
value from the [NRC] to cover the costs to the [NRC] of providing the
service or thing of value.''
With respect to 10 CFR part 171 annual fees, this rule was
developed under NEIMA. NEIMA requires the NRC to ``establish by rule a
schedule'' of annual fees that ``fairly and equitably'' allocate the
aggregate amount of annual fees among licensees and certificate
holders. NEIMA also requires that annual fees, ``to the maximum extent
practicable, shall be reasonably related to the cost of providing
regulatory services.'' Because part 170 service fees will not equal 100
percent of the agency's total budget authority for the fiscal year
(less the budget authority for excluded activities), the NRC assesses
part 171 annual fees to recover the remaining amount necessary to
comply with NEIMA.\9\
---------------------------------------------------------------------------
\9\ The assessment of annual fees by the NRC began in FY 1987 to
meet the requirements of Public Law 99-272, the Consolidated Omnibus
Budget Reconciliation Act of 1985 (COBRA), which required the NRC to
recover 33 percent of its budget authority. Subsequent legislation
required the NRC to recover an increasing percentage of its budget
authority. See e.g., Public Law 100-203, Omnibus Budget
Reconciliation Act of 1987 (requiring that the NRC, for FYs 1988 and
1989, recover at least 45 percent of its budget authority in each
fiscal year); Public Law 101-508, Omnibus Budget Reconciliation Act
of 1990 (OBRA-90) (requiring that the NRC, for FYs 1991 through
1995, recover approximately 100 percent of its budget authority in
each fiscal year less excluded amounts); Public Law 106-377, Energy
and Water Development Appropriations Act, 2021 (amending OBRA-90 to
decrease the NRC's fee recovery amount by 2 percent per fiscal year
beginning in FY 2001, ending at 90 percent in FY 2005).
---------------------------------------------------------------------------
In the annual fee rule, the NRC adjusts its fees to recover its
annual budget authority to ensure that the NRC complies with the
statutory requirements for cost recovery. Similarly, in this final
rule, the NRC has made adjustments to recover its annual budget
authority consistent with the statutory fee recovery requirement. For
this final rule, the NRC did not identify any alternatives to the
current statutorily required fee structure. Further, NEIMA requires the
NRC to establish its fee schedule by rule and thus the NRC did not
identify any alternatives to rulemaking. However, the NRC did consider
several alternatives to alleviate the significant impact of annual fees
on a substantial number of small entities, in accordance with the RFA.
Those alternatives include:
1. Basing fees on the amount of radioactivity possessed by the
licensee (e.g., number of source).
2. Basing fees on the frequency of use of licensed radioactive
material (e.g., volume of patients).
3. Basing fees on the NRC size standards for small entities.
The NRC has reexamined its previous evaluations of these
alternatives and continues to believe that a maximum fee
[[Page 26751]]
for small entities is the most appropriate and effective option for
reducing the impact of fees on small entities.
The NRC also performed an analysis of the costs and benefits over
FY 2025.\10\ Consistent with OMB Circular A-4, the fees charged by the
NRC are considered transfer payments and therefore not part of the
costs of this rulemaking.
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\10\ The NRC selected FY 2025 as the time horizon for this rule
because, consistent with NEIMA, this rule amends the NRC's fee
regulations to allow the NRC to recover, to the maximum extent
practicable, approximately 100 percent of its FY 2025 budget
authority, minus the budget authority for excluded activities, by
September 30, 2025 (the end of FY 2025).
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OMB Circular A-4 directs agencies to report transfer payments from
and to government agencies separately.\11\ The two primary government
agencies assessed fees are DOE and NIST. The NRC assesses fees to DOE
to recover costs related to regulating DOE's Title I and Title II
activities under UMTRCA. Additionally, the NRC assesses an annual fee
to DOE based on the number of 10 CFR part 71 CoCs held by DOE. The NRC
assesses fees to NIST as a member of the fuel facilities fee class for
its license for possession and use of special nuclear material and as a
member of the non-power production or utilization facilities fee class
for its research reactor. The NRC also assesses fees to several federal
agencies for a variety of small materials licenses. The fees assessed
to government agencies, including both 10 CFR parts 170 and 171 fees,
are identified below.
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\11\ Currently there are no State government agencies that hold
an NRC license or are an NRC applicant and thus, no State government
agencies are assessed fees under this rule.
Table XX--Fees Charged to Government Agencies
[Dollars in millions]
------------------------------------------------------------------------
FY 2024 final FY 2025 final
rule rule
------------------------------------------------------------------------
DOE (Uranium Recovery).................. $0.489 $0.361
DOE (Transportation).................... 2.571 2.576
NIST (Fuel Facilities).................. 0.346 0.134
NIST (Non-power production or 0.310 0.187
utilization facilities)................
Other Agencies (Materials Users)........ 1.371 1.473
-------------------------------
Total............................... 5.087 4.731
------------------------------------------------------------------------
After accounting for the fees assessed to government agencies, the
``adjusted amount to be recovered through 10 CFR parts 170 and 171
fees'' assessed to applicants and licensees was $803.2 million in FY
2024 and $804.1 million in FY 2025, resulting in a difference of
$900,000 in FY 2025 compared to FY 2024. The table below shows this
calculation.
Table XXI--Fee Totals
[Dollars in millions]
------------------------------------------------------------------------
FY 2024 final FY 2025 final
rule rule
------------------------------------------------------------------------
Adjusted amount to be recovered through $808.3 $808.8
10 CFR parts 170 and 171 fees..........
Less government agency fees (see table -5.1 -4.7
XX)....................................
-------------------------------
Total............................... 803.2 804.1
------------------------------------------------------------------------
As indicated above, both the amount of fees assessed to federal
government agencies in FY 2025 ($4.731 million) as well as the fees
assessed to non-government licensees and applicants in FY 2025 ($804.1
million) are considered transfer payments under OMB Circular A-4 and,
therefore, not part of the costs of this rulemaking.
Therefore, the costs of this final rule constitute the resources
for licensees to read the final rule and resultant changes to their
internal processes for payment. The NRC expects that this rule will
affect 3,072 licensees that will each spend a maximum of 1 hour reading
the rule and 1 hour updating their accounting software. For the purpose
of this analysis, the NRC developed a labor rate of $148, which
includes only labor and material costs that are directly related to the
implementation of the final rule.\12\ The final rule results in a net
cost to licensees of approximately $453,000.
---------------------------------------------------------------------------
\12\ The NRC used the BLS data tables to select appropriate
hourly labor rates for the roles performing work necessary following
issuance of the final rule, calculating a blended mean wage based on
the estimated proportion of work performed by each role from BLS,
``May 2024 National Industry-Specific Occupational Employment and
Wage Estimates,'' (BLS, 2025). This labor rate includes wages paid
for the individuals performing the work plus the associated fringe
benefit component of labor cost.
---------------------------------------------------------------------------
Additionally, this rule includes 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. The NRC plans to quantify benefits attributable to the Reduced
Hourly Rate starting in FY 2026, after the Reduced Hourly Rate becomes
effective. There are no quantifiable benefits to this final rule.
The NRC does not expect that the final rule will result in any
behavioral changes related to market entry or exit among licensees on
which the NRC assesses 10 CFR parts 170 and 171 fees. There is only a
small increase in the adjusted amount to be recovered through 10 CFR
parts 170 and 171 fees, and the way in which the NRC assesses these
fees is well established. It is possible that the implementation of the
Reduced Hourly Rate may induce current licensees to submit further
licensing actions related to advanced nuclear activities, or may
increase the
[[Page 26752]]
rate of market entry of new licensees as advanced reactor applicants.
VII. Backfitting and Issue Finality
The NRC has determined that the backfit and issue finality
provisions, Sec. Sec. 50.109, ``Backfitting''; 52.39, ``Finality of
early site permit determinations''; 52.63, ``Finality of standard
design certifications''; 52.83, ``Finality of referenced NRC approvals;
partial initial decision on site suitability''; 52.98, ``Finality of
combined licenses; information requests''; 52.145, ``Finality of
standard design approvals; information requests''; 52.171, ``Finality
of manufacturing licenses; information requests''; and 70.76,
``Backfitting,'' do not apply to this final rule and that a backfit
analysis is not required because these amendments do not require the
modification of, or addition to, (1) systems, structures, components,
or the design of a facility; (2) the design approval or manufacturing
license for a facility; or (3) the procedures or organization required
to design, construct, or operate a facility.
VIII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act, as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
IX. National Environmental Policy Act
The NRC has determined that this final rule is the type of action
described in Sec. 51.22(c)(1). Therefore, neither an environmental
impact statement nor environmental assessment has been prepared for
this final rule.
X. Paperwork Reduction Act
This final rule does not contain any new or amended collections of
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501, et seq.). Existing collections of information were approved by
OMB, approval number 3150-0190.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
XI. Regulatory Planning and Review
Executive Order (E.O.) 12866
The Office of Information and Regulatory Affairs (OIRA) has
determined that this final rule is a significant regulatory action
under E.O. 12866. Accordingly, NRC submitted this final rule to OIRA
for review. NRC is required to conduct an economic analysis in
accordance with section 6(a)(3)(B) of E.O. 12866. More can be found in
Section VI. Regulatory Analysis . . . Given that there is no change
from previous fiscal years under this final rule in how the NRC
assesses its 10 CFR parts 170 and 171 fees, the NRC considers the costs
to licensees associated with this rule to be minor.
Review Under E.O.s 14154, 14192, 14215, and 14300
NRC has examined this final rulemaking and has determined that it
is consistent with the policies and directives outlined in E.O. 14154
``Unleashing American Energy,'' E.O. 14192, ``Unleashing Prosperity
Through Deregulation,'' E.O. 14215 ``Ensuring Accountability for All
Agencies,'' and E.O. 14300, ``Ordering the Reform of the Nuclear
Regulatory Commission.'' This final rule is considered an E.O. 14192
regulatory action. Details on the estimated costs of this final rule
can be found in Section VI. Regulatory Analysis, which shows that the
costs associated with this rule are minor and are thus consistent with
the directive to promote prudent financial management and not to create
unnecessary regulatory burdens.
XII. Congressional Review Act
This final rule is a rule as defined in the Congressional Review
Act of 1996 (5 U.S.C. 801-808). The Office of Management and Budget has
found that it meets the criteria at 5 U.S.C. 804(2) and will submit the
required report to Congress.
XIII. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995, Pubic
Law 104-113, requires that Federal agencies use technical standards
that are developed or adopted by voluntary consensus standards bodies
unless the use of such a standard is inconsistent with applicable law
or otherwise impractical. In this final rule, the NRC is amending the
licensing, inspection, and annual fees charged to its licensees and
applicants, as necessary, to recover, to the maximum extent
practicable, approximately 100 percent of its annual budget for FY 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.
XIV. 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 2024 fee
rule. The compliance guide was developed when the NRC completed the
small entity biennial review for FY 2024. The NRC plans to continue to
use this compliance guide for FY 2025 and has relabeled the compliance
guide to reflect the current FY. This compliance guide is available as
indicated in the ``Availability of Documents'' section of this
document.
XV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
ADAMS Accession No./FR
Documents citation/ web link
------------------------------------------------------------------------
NUREG-1100, Volume 39, ``Congressional ML23069A000.
Budget Justification: Fiscal Year 2025''
(March 2024).
FY 2025 Final Rule Work Papers............ ML25129A153.
OMB Circular A-25, ``User Charges''....... https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-025.pdf.
Final rule, ``Revision of Fee Schedules; 64 FR 31448.
100 percent Fee Recovery for FY 1999,''
dated June 10, 1999.
Final rule, ``Revision of Fee Schedules; 67 FR 42612.
Fee Recovery for FY 2002,'' dated June
24, 2002.
SECY-05-0164, ``Annual Fee Calculation ML052580332.
Method,'' dated September 15, 2005.
[[Page 26753]]
Final rule, ``Revision of Fee Schedules; 71 FR 30722.
Fee Recovery for FY 2006,'' dated May 30,
2006.
Final rule, ``Revision of Fee Schedules; 80 FR 37432.
Fee Recovery for Fiscal Year 2015,''
dated June 30, 2015.
Final rule, ``Variable Annual Fee 81 FR 32617.
Structure for Small Modular Reactors,''
dated May 24, 2016.
Final rule, ``Revision of Fee Schedules; 88 FR 39120.
Fee Recovery for FY 2023,'' dated June
15, 2023.
Proposed rule, ``Revision of Fee 90 FR 9848.
Schedules; Fee Recovery for Fiscal Year
2025,'' dated February 19, 2025.
FY 2025 Regulatory Flexibility Analysis... ML25128A308.
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 amending 10 CFR parts 170 and 171 as follows:
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 in alphabetical order definitions for ``Advanced
nuclear reactor applicant,'' ``Advanced nuclear reactor pre-
applicant,'' and ``Qualifying application''.
Sec. 170.3 Definitions.
* * * * *
Advanced nuclear reactor applicant means an entity that has
submitted to the Commission a ``qualifying application,'' as defined in
this part.
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 ``qualifying application,'' as defined in this
part.
* * * * *
Qualifying application means 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); and
(2) is for an operating license, combined license, manufacturing
license, construction permit, early site permit, limited work
authorization, design certification, or standard design approval.
* * * * *
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) of this section,
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 $318 per hour.
(b) For advanced nuclear reactor applicants:
(1) Prior to October 1, 2025, fees under Sec. 170.21 will be
calculated using the professional staff-hour rate of $318 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
$148 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 $318 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 $148
per hour.
(3) Paragraph (c) of this section 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.
* * * * *
[[Page 26754]]
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 August 25, 2025, 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].
(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 $6,800.
source material to persons exempt from
the licensing requirements of part 40 of
this chapter. Application [Program
Code(s): 11240].
D. Licenses to distribute source material $3,100.
to persons generally licensed under part
40 of this chapter. Application [Program
Code(s): 11230, 11231].
[[Page 26755]]
E. Licenses for possession and use of $3,000.
source material for processing or
manufacturing of products or materials
containing source material for commercial
distribution. Application [Program
Code(s): 11710].
F. All other source material licenses. $3,000.
Application [Program Code(s): 11200,
11220, 11221, 11300, 11800, 11810, 11820].
3. Byproduct material: 11
A. Licenses of broad scope for the $14,900.
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: 1-5. Application
[Program Code(s): 03211, 03212, 03213].
(1). Licenses of broad scope for the $19,800.
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. Application [Program
Code(s): 04010, 04012, 04014].
(2). Licenses of broad scope for the $24,700.
possession and use of byproduct
material issued under parts 30 and 33
of this chapter for processing or
manufacturing of items containing
byproduct material for commercial
distribution. Number of locations of
use: more than 20. Application
[Program Code(s): 04011, 04013,
04015].
B. Other licenses for possession and use $4,100.
of byproduct material issued under part
30 of this chapter for processing or
manufacturing of items containing
byproduct material for commercial
distribution. Number of locations of use:
1-5. Application [Program Code(s): 03214,
03215, 22135, 22162].
(1). Other licenses for possession and $5,500.
use of byproduct material issued
under part 30 of this chapter for
processing or manufacturing of items
containing byproduct material for
commercial distribution. Number of
locations of use: 6-20. Application
[Program Code(s): 04110, 04112,
04114, 04116].
(2). Other licenses for possession and $6,800.
use of byproduct material issued
under part 30 of this chapter for
processing or manufacturing of items
containing byproduct material for
commercial distribution. Number of
locations of use: more than 20.
Application [Program Code(s): 04111,
04113, 04115, 04117].
C. Licenses issued under Sec. Sec. $5,900.
32.72 and/or 32.74 of this chapter that
authorize the processing or manufacturing
and distribution or redistribution of
radiopharmaceuticals, generators, reagent
kits, and/or sources and devices
containing byproduct material. This
category does not apply to licenses
issued to nonprofit educational
institutions whose processing or
manufacturing is exempt under Sec.
170.11(a)(4). Number of locations of use:
1-5. Application [Program Code(s): 02500,
02511, 02513].
(1). Licenses issued under Sec. Sec. $7,900.
32.72 and/or 32.74 of this chapter
that authorize the processing or
manufacturing and distribution or
redistribution of
radiopharmaceuticals, generators,
reagent kits, and/or sources and
devices containing byproduct
material. This category does not
apply to licenses issued to nonprofit
educational institutions whose
processing or manufacturing is exempt
under Sec. 170.11(a)(4). Number of
locations of use: 6-20. Application
[Program Code(s): 04210, 04212,
04214].
(2). Licenses issued under Sec. Sec. $9,900.
32.72 and/or 32.74 of this chapter
that authorize the processing or
manufacturing and distribution or
redistribution of
radiopharmaceuticals, generators,
reagent kits, and/or sources and
devices containing byproduct
material. This category does not
apply to licenses issued to nonprofit
educational institutions whose
processing or manufacturing is exempt
under Sec. 170.11(a)(4). Number of
locations of use: 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 $7,400.
than or equal to 10,000 curies of
byproduct material in sealed sources for
irradiation of materials in which the
source is exposed for irradiation
purposes. This category also includes
underwater irradiators for irradiation of
materials where the source is not exposed
for irradiation purposes. Application
[Program Code(s): 03511].
G. Licenses for possession and use of $70,900.
greater than 10,000 curies of byproduct
material in sealed sources for
irradiation of materials in which the
source is exposed for irradiation
purposes. This category also includes
underwater irradiators for irradiation of
materials where the source is not exposed
for irradiation purposes. Application
[Program Code(s): 03521].
H. Licenses issued under subpart A of part $7,600.
32 of this chapter to distribute items
containing byproduct material that
require device review to persons exempt
from the licensing requirements of part
30 of this chapter. The category does not
include specific licenses authorizing
redistribution of items that have been
authorized for distribution to persons
exempt from the licensing requirements of
part 30 of this chapter. Application
[Program Code(s): 03254, 03255, 03257].
I. Licenses issued under subpart A of part $11,700.
32 of this chapter to distribute items
containing byproduct material or
quantities of byproduct material that do
not require device evaluation to persons
exempt from the licensing requirements of
part 30 of this chapter. This category
does not include specific licenses
authorizing redistribution of items that
have been authorized for distribution to
persons exempt from the licensing
requirements of part 30 of this chapter.
Application [Program Code(s): 03250,
03251, 03253, 03256].
J. Licenses issued under subpart B of part $2,300.
32 of this chapter to distribute items
containing byproduct material that
require sealed source and/or device
review to persons generally licensed
under part 31 of this chapter. This
category does not include specific
licenses authorizing redistribution of
items that have been authorized for
distribution to persons generally
licensed under part 31 of this chapter.
Application [Program Code(s): 03240,
03241, 03243].
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 $6,300.
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].
[[Page 26756]]
(1) Licenses of broad scope for $8,300.
possession and use of byproduct
material issued under parts 30 and 33
of this chapter for research and
development that do not authorize
commercial distribution. Number of
locations of use: 6-20. Application
[Program Code(s): 04610, 04612,
04614, 04616, 04618, 04620, 04622].
(2) Licenses of broad scope for $10,400.
possession and use of byproduct
material issued under parts 30 and 33
of this chapter for research and
development that do not authorize
commercial distribution. Number of
locations of use: more than 20.
Application [Program Code(s): 04611,
04613, 04615, 04617, 04619, 04621,
04623].
M. Other licenses for possession and use $9,500.
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
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 $10,200.
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 $11,600.
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 $15,400.
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 $19,300.
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 $7,700.
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 $10,500.
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 $13,100.
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 $1,000.
licensed under part 31 of this chapter.
Registration.
R. Possession of items or products
containing radium-226 identified in Sec.
31.12 of this chapter which exceed the
number of items or limits specified in
that section. 5.
1. Possession of quantities exceeding $2,900.
the number of items or limits in Sec.
31.12(a)(4) or (5) of this chapter
but less than or equal to 10 times
the number of items or limits
specified. Application [Program
Code(s): 02700].
2. Possession of quantities exceeding $2,900.
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- $16,200.
produced radionuclides. Application
[Program Code(s): 03210].
4. Waste disposal and processing: 11
A. Licenses specifically authorizing the Full Cost.
receipt of waste byproduct material,
source material, or special nuclear
material from other persons for the
purpose of contingency storage or
commercial land disposal by the licensee;
or licenses authorizing contingency
storage of low-level radioactive waste at
the site of nuclear power reactors; or
licenses for receipt of waste from other
persons for incineration or other
treatment, packaging of resulting waste
and residues, and transfer of packages to
another person authorized to receive or
dispose of waste material. Application
[Program Code(s): 03231, 03233, 03236,
06100, 06101].
B. Licenses specifically authorizing the $7,900.
receipt of waste byproduct material,
source material, or special nuclear
material from other persons for the
purpose of packaging or repackaging the
material. The licensee will dispose of
the material by transfer to another
person authorized to receive or dispose
of the material. Application [Program
Code(s): 03234].
C. Licenses specifically authorizing the $5,700.
receipt of prepackaged waste byproduct
material, source material, or special
nuclear material from other persons. The
licensee will dispose of the material by
transfer to another person authorized to
receive or dispose of the material.
Application [Program Code(s): 03232].
5. Well logging: 11
A. Licenses for possession and use of $5,200.
byproduct material, source material, and/
or special nuclear material for well
logging, well surveys, and tracer studies
other than field flooding tracer studies.
Application [Program Code(s): 03110,
03111, 03112].
B. Licenses for possession and use of Full Cost.
byproduct material for field flooding
tracer studies. Licensing [Program
Code(s): 03113].
6. Nuclear laundries: 11
A. Licenses for commercial collection and $25,300.
laundry of items contaminated with
byproduct material, source material, or
special nuclear material. Application
[Program Code(s): 03218].
7. Medical licenses: 11
A. Licenses issued under parts 30, 35, 40, $12,700.
and 70 of this chapter for human use of
byproduct material, source material, or
special nuclear material in sealed
sources contained in gamma stereotactic
radiosurgery units, teletherapy devices,
or similar beam therapy devices. This
category also includes the possession and
use of source material for shielding when
authorized on the same license. Number of
locations of use: 1-5. Application
[Program Code(s): 02300, 02310].
(1). Licenses issued under parts 30, $16,900.
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].
[[Page 26757]]
(2). Licenses issued under parts 30, $21,100.
35, 40, and 70 of this chapter for
human use of byproduct material,
source material, or special nuclear
material in sealed sources contained
in gamma stereotactic radiosurgery
units, teletherapy devices, or
similar beam therapy devices. This
category also includes the possession
and use of source material for
shielding when authorized on the same
license. Number of locations of use:
more than 20. Application [Program
Code(s): 04511, 04513].
B. Licenses of broad scope issued to $9,900.
medical institutions or two or more
physicians under parts 30, 33, 35, 40,
and 70 of this chapter authorizing
research and development, including human
use of byproduct material, except
licenses for byproduct material, source
material, or special nuclear material in
sealed sources contained in teletherapy
devices. This category also includes the
possession and use of source material for
shielding when authorized on the same
license. Number of locations of use: 1-5.
Application [Program Code(s): 02110].
(1). Licenses of broad scope issued to $13,200.
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 $16,500.
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, $9,800.
35, 40, and 70 of this chapter for human
use of byproduct material, source
material, and/or special nuclear
material, except licenses for byproduct
material, source material, or special
nuclear material in sealed sources
contained in teletherapy devices. This
category also includes the possession and
use of source material for shielding when
authorized on the same license. 10 Number
of locations of use: 1-5. Application
[Program Code(s): 02120, 02121, 02200,
02201, 02210, 02220, 02230, 02231, 02240,
22160].
(1). Other licenses issued under parts $14,500.
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 $18,100.
30, 35, 40, and 70 of this chapter
for human use of byproduct material,
source material, and/or special
nuclear material, except licenses for
byproduct material, source material,
or special nuclear material in sealed
sources contained in teletherapy
devices. This category also includes
the possession and use of source
material for shielding when
authorized on the same license. 10
Number of locations of use: more than
20. Application [Program Code(s):
04811,04813, 04815, 04817, 04819,
04821,04823, 04825, 04827, 04829].
8. Civil defense: 11
A. Licenses for possession and use of $2,900.
byproduct material, source material, or
special nuclear material for civil
defense activities. Application [Program
Code(s): 03710].
9. Device, product, or sealed source safety
evaluation:
A. Safety evaluation of devices or $19,800.
products containing byproduct material,
source material, or special nuclear
material, except reactor fuel devices,
for commercial distribution. Application--
each device.
B. Safety evaluation of devices or $10,300.
products containing byproduct material,
source material, or special nuclear
material manufactured in accordance with
the unique specifications of, and for use
by, a single applicant, except reactor
fuel devices. Application--each device.
C. Safety evaluation of sealed sources $6,000.
containing byproduct material, source
material, or special nuclear material,
except reactor fuel, for commercial
distribution. Application--each source.
D. Safety evaluation of sealed sources $1,200.
containing byproduct material, source
material, or special nuclear material,
manufactured in accordance with the
unique specifications of, and for use by,
a single applicant, except reactor fuel.
Application--each source.
10. Transportation of radioactive material:
A. Evaluation of casks, packages, and
shipping containers.
1. Spent Fuel, High-Level Waste, and Full Cost.
plutonium air packages.
2. Other Casks........................ Full Cost.
B. Quality assurance program approvals
issued under part 71 of this chapter.
1. Users and Fabricators..............
Application....................... $4,400.
Inspections....................... Full Cost.
2. Users..............................
Application....................... $4,400.
Inspections....................... Full Cost.
C. Evaluation of security plans, route Full Cost.
approvals, route surveys, and
transportation security devices
(including immobilization devices).
11. Review of standardized spent fuel Full Cost.
facilities.
12. Special projects:
Including approvals, pre-application/ Full Cost.
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
[[Page 26758]]
A. Byproduct, source, or special nuclear Full Cost.
material licenses and other approvals
authorizing decommissioning,
decontamination, reclamation, or site
restoration activities under parts 30,
40, 70, 72, and 76 of this chapter,
including master materials licenses
(MMLs). The transition to this fee
category occurs when a licensee has
permanently ceased principal activities.
[Program Code(s): 03900, 11900, 21135,
21215, 21325, 22200].
B. Site-specific decommissioning Full Cost.
activities associated with unlicensed
sites, including MMLs, regardless of
whether or not the sites have been
previously licensed.
15. Import and Export licenses: 12
Licenses issued under part 110 of this chapter
for the import and export only of special
nuclear material, source material, tritium
and other byproduct material, and the export
only of heavy water, or nuclear grade
graphite (fee categories 15.A. through
15.E.).
A. Application for export or import of N/A.
nuclear materials, including radioactive
waste requiring Commission and Executive
Branch review, for example, those actions
under Sec. 110.40(b) of this chapter.
Application--new license, or amendment;
or license exemption request.
B. Application for export or import of N/A.
nuclear material, including radioactive
waste, requiring Executive Branch review,
but not Commission review. This category
includes applications for the export and
import of radioactive waste and requires
the NRC to consult with domestic host
state authorities (i.e., Low-Level
Radioactive Waste Compact Commission, the
U.S. Environmental Protection Agency,
etc.). Application--new license, or
amendment; or license exemption request.
C. Application for export of nuclear N/A.
material, for example, routine reloads of
low enriched uranium reactor fuel and/or
natural uranium source material requiring
the assistance of the Executive Branch to
obtain foreign government assurances.
Application--new license, or amendment;
or license exemption request.
D. Application for export or import of N/A.
nuclear material not requiring Commission
or Executive Branch review, or obtaining
foreign government assurances.
Application--new license, or amendment;
or license exemption request..
E. Minor amendment of any active export or N/A.
import license, for example, to extend
the expiration date, change domestic
information, or make other revisions
which do not involve any substantive
changes to license terms and conditions
or to the type/quantity/chemical
composition of the material authorized
for export and, therefore, do not require
in-depth analysis, review, or
consultations with other Executive
Branch, U.S. host state, or foreign
government authorities. Minor amendment.
Licenses issued under part 110 of this
chapter for the import and export only of
Category 1 and Category 2 quantities of
radioactive material listed in appendix P
to part 110 of this chapter (fee
categories 15.F. through 15.R.).
Category 1 (Appendix P, 10 CFR Part 110)
Exports:
F. Application for export of appendix P N/A.
Category 1 materials requiring Commission
review (e.g., exceptional circumstance
review under Sec. 110.42(e)(4) of this
chapter) and to obtain one government-to-
government consent for this process. For
additional consent see fee category 15.I.
Application--new license, or amendment;
or license exemption request.
G. Application for export of appendix P N/A.
Category 1 materials requiring Executive
Branch review and to obtain one
government-to-government consent for this
process. For additional consents see fee
category 15.I. Application--new license,
or amendment; or license exemption
request.
H. Application for export of appendix P N/A.
Category 1 materials and to obtain one
government-to-government consent for this
process. For additional consents see fee
category 15.I. Application--new license,
or amendment; or license exemption
request.
I. Requests for each additional government- N/A.
to-government consent in support of an
export license application or active
export license. Application--new license,
or amendment; or license exemption
request.
Category 2 (Appendix P, 10 CFR Part 110)
Exports:
J. Application for export of appendix P N/A.
Category 2 materials requiring Commission
review (e.g., exceptional circumstance
review under Sec. 110.42(e)(4) of this
chapter). Application--new license, or
amendment; or license exemption request.
K. Applications for export of appendix P N/A.
Category 2 materials requiring Executive
Branch review. Application--new license,
or amendment; or license exemption
request.
L. Application for the export of Category N/A.
2 materials. Application--new license, or
amendment; or license exemption request.
M. [Reserved]............................. N/A.
N. [Reserved]............................. N/A.
O. [Reserved]............................. N/A.
P. [Reserved]............................. N/A.
Q. [Reserved]............................. N/A.
Minor Amendments (Category 1 and 2, Appendix
P, 10 CFR Part 110, Export):
R. Minor amendment of any active export N/A.
license, for example, to extend the
expiration date, change domestic
information, or make other revisions
which do not involve any substantive
changes to license terms and conditions
or to the type/quantity/chemical
composition of the material authorized
for export and, therefore, do not require
in-depth analysis, review, or
consultations with other Executive
Branch, U.S. host state, or foreign
authorities. Minor amendment.
16. Reciprocity:
Agreement State licensees who conduct $3,700.
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].
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:
[[Page 26759]]
(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 (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 $5,319,000.
(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:
* * * * *
(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 $326,000.
(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 $96,800.
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.
* * * * *
[[Page 26760]]
(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
Category of materials licenses 2 3
------------------------------------------------------------------------
1. Special nuclear material:
A. (1) Licenses for possession and use of U-235 or
plutonium for fuel fabrication activities.
(a) Strategic Special Nuclear Material (High $6,101,000
Enriched Uranium) 15 [Program Code(s): 21213]..
(b) Low Enriched Uranium in Dispersible Form 2,068,000
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 1,704,000
[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 3,600
nuclear material of less than a critical mass, as
defined in Sec. 70.4 of this chapter, in sealed
sources contained in devices used in industrial
measuring systems, including x-ray fluorescence
analyzers. [Program Code(s): 22140]................
D. All other special nuclear material licenses, 8,700
except licenses authorizing special nuclear
material in sealed or unsealed form in combination
that would constitute a critical mass, as defined
in Sec. 70.4 of this chapter, for which the
licensee shall pay the same fees as those under
Category 1.A. [Program Code(s): 22110, 22111,
22120, 22131, 22136, 22150, 22151, 22161, 22170,
23100, 23300, 23310]...............................
E. Licenses or certificates for the operation of a 2,659,000
uranium enrichment facility 15 [Program Code(s):
21200].............................................
F. Licenses for possession and use of special 6,500
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 1,295,000
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.......................................
[[Page 26761]]
(a) Conventional and Heap Leach facilities. 15 N/A
[Program Code(s): 11100].......................
(b) Basic In Situ Recovery facilities. 15 26,800
[Program Code(s): 11500].......................
(c) Expanded In Situ Recovery facilities 15 N/A
[Program Code(s): 11510].......................
(d) In Situ Recovery Resin facilities. 15 5 N/A
[Program Code(s): 11550].......................
(e) Resin Toll Milling facilities. 15 [Program 5 N/A
Code(s): 11555]................................
(f) Other facilities 6 [Program Code(s): 11700]. 5 N/A
(3) Licenses that authorize the receipt of byproduct 5 N/A
material, as defined in section 11e.(2) of the
Atomic Energy Act, from other persons for
possession and disposal, except those licenses
subject to the fees in Category 2.A.(2) or Category
2.A.(4) 15 [Program Code(s): 11600, 12000].........
(4) Licenses that authorize the receipt of byproduct N/A
material, as defined in section 11e.(2) of the
Atomic Energy Act, from other persons for
possession and disposal incidental to the disposal
of the uranium waste tailings generated by the
licensee's milling operations, except those
licenses subject to the fees in Category 2.A.(2) 15
[Program Code(s): 12010]...........................
B. Licenses which authorize the possession, use, and/ 4,000
or installation of source material for shielding.
16 17 Application [Program Code(s): 11210].........
C. Licenses to distribute items containing source 15,000
material to persons exempt from the licensing
requirements of part 40 of this chapter. [Program
Code: 11240].......................................
D. Licenses to distribute source material to persons 7,500
generally licensed under part 40 of this chapter.
[Program Code(s): 11230 and 11231].................
E. Licenses for possession and use of source 9,600
material for processing or manufacturing of
products or materials containing source material
for commercial distribution. [Program Code: 11710].
F. All other source material licenses. [Program 11,800
Code(s): 11200, 11220, 11221, 11300, 11800, 11810,
11820].............................................
3. Byproduct material:
A. Licenses of broad scope for possession and use of 41,000
byproduct material issued under parts 30 and 33 of
this chapter for processing or manufacturing of
items containing byproduct material for commercial
distribution. Number of locations of use: 1-5.
[Program Code(s): 03211, 03212, 03213].............
(1) Licenses of broad scope for the possession 54,500
and use of byproduct material issued under
parts 30 and 33 of this chapter for processing
or manufacturing of items containing byproduct
material for commercial distribution. Number of
locations of use: 6-20. [Program Code(s):
04010, 04012, 04014]...........................
(2) Licenses of broad scope for the possession 68,000
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 14,000
byproduct material issued under part 30 of this
chapter for processing or manufacturing of items
containing byproduct material for commercial
distribution. Number of locations of use: 1-5.
[Program Code(s): 03214, 03215, 22135, 22162]......
(1) Other licenses for possession and use of 18,600
byproduct material issued under part 30 of this
chapter for processing or manufacturing of
items containing byproduct material for
commercial distribution. Number of locations of
use: 6-20. [Program Code(s): 04110, 04112,
04114, 04116]..................................
(2) Other licenses for possession and use of 23,100
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: more than 20. [Program Code(s): 04111,
04113, 04115, 04117]...........................
C. Licenses issued under Sec. Sec. 32.72 and/or 13,800
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 and/ 20,300
or 32.74 of this chapter that authorize the
processing or manufacturing and distribution or
redistribution of radiopharmaceuticals,
generators, reagent kits, and/or sources and
devices containing byproduct material. This
category does not apply to licenses issued to
nonprofit educational institutions whose
processing or manufacturing is exempt under
Sec. 170.11(a)(4). Number of locations of
use: 6-20. [Program Code(s): 04210, 04212,
04214].........................................
(2) Licenses issued under Sec. Sec. 32.72 and/ 25,400
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). 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 13,200
material in sealed sources for irradiation of
materials in which the source is not removed from
its shield (self-shielded units). [Program Code(s):
03510, 03520]......................................
F. Licenses for possession and use of less than or 13,400
equal to 10,000 curies of byproduct material in
sealed sources for irradiation of materials in
which the source is exposed for irradiation
purposes. This category also includes underwater
irradiators for irradiation of materials in which
the source is not exposed for irradiation purposes.
[Program Code(s): 03511]...........................
G. Licenses for possession and use of greater than 113,800
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].............................................
[[Page 26762]]
H. Licenses issued under subpart A of part 32 of 14,500
this chapter to distribute items containing
byproduct material that require device review to
persons exempt from the licensing requirements of
part 30 of this chapter, except specific licenses
authorizing redistribution of items that have been
authorized for distribution to persons exempt from
the licensing requirements of part 30 of this
chapter. [Program Code(s): 03254, 03255, 03257]....
I. Licenses issued under subpart A of part 32 of 19,800
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 5,300
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 3,900
this chapter to distribute items containing
byproduct material or quantities of byproduct
material that do not require sealed source and/or
device review to persons generally licensed under
part 31 of this chapter, except specific licenses
authorizing redistribution of items that have been
authorized for distribution to persons generally
licensed under part 31 of this chapter. [Program
Code(s): 03242, 03244].............................
L. Licenses of broad scope for possession and use of 19,000
byproduct material issued under parts 30 and 33 of
this chapter for research and development that do
not authorize commercial distribution. Number of
locations of use: 1-5. [Program Code(s): 01100,
01110, 01120, 03610, 03611, 03612, 03613]..........
(1) Licenses of broad scope for possession and 25,200
use of product material issued under parts 30
and 33 of this chapter for research and
development that do not authorize commercial
distribution. Number of locations of use: 6-20.
[Program Code(s): 04610, 04612, 04614, 04616,
04618, 04620, 04622]...........................
(2) Licenses of broad scope for possession and 31,400
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 19,900
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 21,800
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 31,700
material issued under part 34 of this chapter for
industrial radiography operations. This category
also includes the possession and use of source
material for shielding authorized under part 40 of
this chapter when authorized on the same license.
Number of locations of use: 1-5. [Program Code(s):
03310, 03320]......................................
(1) Licenses for possession and use of byproduct 42,200
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 byproduct 52,800
material issued under part 34 of this chapter
for industrial radiography operations. This
category also includes the possession and use
of source material for shielding authorized
under part 40 of this chapter when authorized
on the same license. Number of locations of
use: more than 20. [Program Code(s): 04311,
04313].........................................
P. All other specific byproduct material licenses, 15,600
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 21,100
licenses, except those in Categories 4.A.
through 9.D. 18 Number of locations of use: 6-
20. [Program Code(s): 04410, 04412, 04414,
04416, 04418, 04420, 04422, 04424, 04426,
04428, 04430, 04432, 04434, 04436, 04438]......
(2) All other specific byproduct material 26,400
licenses, except those in Categories 4.A.
through 9.D. 18 Number of locations of use:
more than 20. [Program Code(s): 04411, 04413,
04415, 04417, 04419, 04421, 04423, 04425,
04427, 04429, 04431, 04433, 04435, 04437,
04439].........................................
Q. Registration of devices generally licensed under 13 N/A
part 31 of this chapter............................
R. Possession of items or products containing radium-
226 identified in Sec. 31.12 of this chapter
which exceed the number of items or limits
specified in that section: 14
(1) Possession of quantities exceeding the 9,000
number of items or limits in Sec.
31.12(a)(4), or (5) of this chapter but less
than or equal to 10 times the number of items
or limits specified. [Program Code(s): 02700]..
(2) Possession of quantities exceeding 10 times 9,500
the number of items or limits specified in Sec.
31.12(a)(4) or (5) of this chapter. [Program
Code(s): 02710]................................
S. Licenses for production of accelerator-produced 37,900
radionuclides. [Program Code(s): 03210]............
4. Waste disposal and processing:
A. Licenses specifically authorizing the receipt of 33,900
waste byproduct material, source material, or
special nuclear material from other persons for the
purpose of contingency storage or commercial land
disposal by the licensee; or licenses authorizing
contingency storage of low-level radioactive waste
at the site of nuclear power reactors; or licenses
for receipt of waste from other persons for
incineration or other treatment, packaging of
resulting waste and residues, and transfer of
packages to another person authorized to receive or
dispose of waste material. [Program Code(s): 03231,
03233, 03236, 06100, 06101]........................
[[Page 26763]]
B. Licenses specifically authorizing the receipt of 22,000
waste byproduct material, source material, or
special nuclear material from other persons for the
purpose of packaging or repackaging the material.
The licensee will dispose of the material by
transfer to another person authorized to receive or
dispose of the material. [Program Code(s): 03234]..
C. Licenses specifically authorizing the receipt of 13,000
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 17,600
material, source material, and/or special nuclear
material for well logging, well surveys, and tracer
studies other than field flooding tracer studies.
[Program Code(s): 03110, 03111, 03112].............
B. Licenses for possession and use of byproduct 5 N/A
material for field flooding tracer studies.
[Program Code(s): 03113]...........................
6. Nuclear laundries:
A. Licenses for commercial collection and laundry of 37,200
items contaminated with byproduct material, source
material, or special nuclear material. [Program
Code(s): 03218]....................................
7. Medical licenses:
A. Licenses issued under parts 30, 35, 40, and 70 of 40,600
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, and 54,100
70 of this chapter for human use of byproduct
material, source material, or special nuclear
material in sealed sources contained in gamma
stereotactic radiosurgery units, teletherapy
devices, or similar beam therapy devices. This
category also includes the possession and use
of source material for shielding when
authorized on the same license. 9 17 Number of
locations of use: 6-20. [Program Code(s):
04510, 04512]..................................
(2) Licenses issued under parts 30, 35, 40, and 67,600
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 57,400
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 medical 76,400
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 medical 95,400
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, and 21,600
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]...
(1) Other licenses issued under parts 30, 35, 30,800
40, and 70 of this chapter for human use of
byproduct material, source material, and/or
special nuclear material, except licenses for
byproduct material, source material, or special
nuclear material in sealed sources contained in
teletherapy devices. This category also
includes the possession and use of source
material for shielding when authorized on the
same license. 9 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, 35, 39,400
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 9,000
material, source material, or special nuclear
material for civil defense activities. [Program
Code(s): 03710]....................................
9. Device, product, or sealed source safety evaluation:
A. Registrations issued for the safety evaluation of 27,200
devices or products containing byproduct material,
source material, or special nuclear material,
except reactor fuel devices, for commercial
distribution.......................................
B. Registrations issued for the safety evaluation of 14,200
devices or products containing byproduct material,
source material, or special nuclear material
manufactured in accordance with the unique
specifications of, and for use by, a single
applicant, except reactor fuel devices.............
[[Page 26764]]
C. Registrations issued for the safety evaluation of 8,300
sealed sources containing byproduct material,
source material, or special nuclear material,
except reactor fuel, for commercial distribution...
D. Registrations issued for the safety evaluation of 1,700
sealed sources containing byproduct material,
source material, or special nuclear material,
manufactured in accordance with the unique
specifications of, and for use by, a single
applicant, except reactor fuel.....................
10. Transportation of radioactive material:
A. Certificates of Compliance or other package
approvals issued for design of casks, packages, and
shipping containers................................
1. Spent Fuel, High-Level Waste, and plutonium 6 N/A
air packages...................................
2. Other Casks.................................. 6 N/A
B. Quality assurance program approvals issued under
part 71 of this chapter............................
1. Users and Fabricators........................ 6 N/A
2. Users........................................ 6 N/A
C. Evaluation of security plans, route approvals, 6 N/A
route surveys, and transportation security devices
(including immobilization devices).................
11. Standardized spent fuel facilities.................. 6 N/A
12. Special Projects [Program Code(s): 25110]........... 6 N/A
13. A. Spent fuel storage cask Certificate of Compliance 6 N/A
B. General licenses for storage of spent fuel under 12 N/A
Sec. 72.210 of this chapter......................
14. Decommissioning/Reclamation:
A. Byproduct, source, or special nuclear material 7 20 N/A
licenses and other approvals authorizing
decommissioning, decontamination, reclamation, or
site restoration activities under parts 30, 40, 70,
72, and 76 of this chapter, including master
materials licenses (MMLs). The transition to this
fee category occurs when a licensee has permanently
ceased principal activities. [Program Code(s):
03900, 11900, 21135, 21215, 21325, 22200]..........
B. Site-specific decommissioning activities 7 N/A
associated with unlicensed sites, including MMLs,
whether or not the sites have been previously
licensed...........................................
15. Import and Export licenses.......................... 8 N/A
16. Reciprocity......................................... 8 N/A
17. Master materials licenses of broad scope issued to 494,000
Government agencies. 15 [Program Code(s): 03614].......
18. Department of Energy:
A. Certificates of Compliance....................... 10 1,952,000
B. Uranium Mill Tailings Radiation Control Act 156,000
(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.
\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.
[[Page 26765]]
\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: June 12, 2025.
For the Nuclear Regulatory Commission.
Christopher Carroll,
Acting Chief Financial Officer.
[FR Doc. 2025-11544 Filed 6-23-25; 8:45 am]
BILLING CODE 7590-01-P