[Federal Register Volume 91, Number 48 (Thursday, March 12, 2026)]
[Proposed Rules]
[Pages 12084-12118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-04823]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 91, No. 48 / Thursday, March 12, 2026 /
Proposed Rules
[[Page 12084]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 15, 170, and 171
[NRC-2023-0212]
RIN 3150-AL12
Fee Schedules; Fee Recovery for Fiscal Year 2026
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend the licensing, inspection, special project, and annual fees
charged to its applicants and licensees. The proposed amendments are
necessary to comply with the Nuclear Energy Innovation and
Modernization Act, which requires the NRC to recover, to the maximum
extent practicable, approximately 100 percent of its annual budget less
certain amounts excluded from this fee recovery requirement. In
addition, the NRC is proposing amendments to establish fixed caps on
service fees to implement section 5(a) of Executive Order 14300,
``Ordering the Reform of the Nuclear Regulatory Commission.'' The
proposed fixed fee caps implementing Executive Order 14300 would drive
increased efficiency and accountability in the NRC's licensing
activities and other activities requested by applicants and licensees.
DATES: Submit comments by April 13, 2026. Because the Nuclear Energy
Innovation and Modernization Act requires the NRC to collect fees for
fiscal year 2026 by September 30, 2026, the NRC must finalize any
revisions to its fee schedules promptly and thus is unable to grant any
extension request of the comment period.
ADDRESSES: Submit your comments, identified by Docket ID NRC-2023-0212,
at https://www.regulations.gov. If your material cannot be submitted
using https://www.regulations.gov, call or email the individual listed
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
Do not include any personally identifiable information (such as
name, address, or other contact information) or confidential business
information that you do not want publicly disclosed. All comments are
public records; they are publicly displayed exactly as received, and
will not be deleted, modified, or redacted. Comments may be submitted
anonymously.
Follow the search instructions on https://www.regulations.gov to
view public comments.
You can read a plain language description of this proposed rule at
https://www.regulations.gov/docket/NRC-2023-0212. For additional
direction on obtaining information and submitting comments, see
``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Freddy Chicaiza, Office of the Chief
Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-5063; email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Background
III. Discussion
IV. Regulatory Flexibility Certification
V. Regulatory Analysis
VI. Backfitting and Issue Finality
VII. Plain Writing
VIII. National Environmental Policy Act
IX. Paperwork Reduction Act
X. Executive Orders
XI. Voluntary Consensus Standards
XII. Availability of Guidance
XIII. Public Meeting
XIV. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2023-0212 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-2023-0212.
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 ``ADAMS Public Search.'' For
problems with ADAMS, please contact the NRC's Public Document Room
(PDR) reference staff at 1-800-397-4209 or 301-415-4737, or by email to
[email protected]. For the convenience of the reader, the ADAMS
accession numbers are provided in the ``Availability of Documents''
section of this document.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
B. Submitting Comments
The NRC encourages electronic submission of comments through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2023-0212 in your comment.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comments into ADAMS.
II. Background
A. Statutory Authority
The NRC's fee regulations are primarily governed by two laws: (1)
the Independent Offices Appropriation Act,
[[Page 12085]]
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,
Inspector General (IG) services for the Defense Nuclear Facilities
Safety Board, research and development at universities in areas
relevant to the NRC's mission, a nuclear science and engineering grant
program, advanced reactor regulatory infrastructure activities,
international nuclear export and innovation activities, mission-
indirect program support and agency support costs that may not be
included in the reduced hourly rate charged for fees assessed to
advanced nuclear reactor applicants and pre-applicants (Reduced Hourly
Rate), and costs for application reviews and pre-application activities
related to an early site permit to demonstrate an advanced nuclear
reactor on a Department of Energy (DOE) or critical national security
infrastructure site. In fiscal year (FY) 2026, the NRC is expanding the
existing fee-relief activity, ``Medical isotope production
infrastructure,'' to include additional non-power production or
utilization facilities program budgeted resources to ensure the
equitability and stability of annual fees for the non-power production
or utilization facilities fee class since the majority of non-power
production or utilization facilities licensees are exempt from annual
fees under part 171 of title 10 of the Code of Federal Regulations (10
CFR), ``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.'' The remaining 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 10 CFR part 170, ``Fees for
Facilities, Materials, Import and Export Licenses, and Other Regulatory
Services Under the Atomic Energy Act of 1954, as Amended,'' explain how
the agency collects service fees from specific beneficiaries. Because
the NRC's fee recovery under the IOAA (10 CFR part 170) will not equal
100 percent of the agency's total budget authority for this FY (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.
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 pre-applicants for certain activities 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 DOE or ``critical national security infrastructure'' site.
The NRC implemented section 201 of the ADVANCE Act in the FY 2025
final fee rule (90 FR 26730; June 24, 2025) to provide greater
regulatory certainty to external stakeholders and avoid burdens
associated with having to delay billing for activities eligible for the
Reduced Hourly Rate. As described in Section III, Discussion, ``FY 2026
Fee Collection--Professional Hourly Rate and Reduced Hourly Rate,'' of
this document, in the FY 2025 final fee rule, the NRC amended Sec.
170.20, ``Average cost per professional staff-hour,'' to establish two
hourly rates: (1) the professional hourly rate; and (2) the Reduced
Hourly Rate for advanced nuclear reactor applicants and pre-applicants.
The amendments to Sec. 170.20 in the FY 2025 final fee rule included
language indicating that the Reduced Hourly Rate did not take effect
until October 1, 2025, consistent with the statutory effective date in
section 201 of the ADVANCE Act, and the professional hourly rate
applied prior to October 1, 2025. This proposed rule includes proposed
revisions to Sec. 170.20 to reflect the continued implementation of
the Reduced Hourly Rate and to ensure that proposed changes to the
Reduced Hourly Rate coincide with the effective date of the final fee
rule for the fiscal year.
In addition, this proposed rule includes proposed changes to
implement sections 101 and 204 of the ADVANCE Act, as reflected in
table I, ``Excluded Activities.'' This proposed rule also includes
proposed revisions to footnote 12 in Sec. 170.31, ``Schedule of fees
for materials licenses and other regulatory services, including
inspections, and import and export licenses,'' and footnote 8 in 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,'' to reflect section 101 of the ADVANCE Act.
B. Executive Order 14300: ``Ordering the Reform of the Nuclear
Regulatory Commission''
On May 23, 2025, President Donald J. Trump signed Executive Order
(E.O.) 14300, ``Ordering the Reform of the Nuclear Regulatory
Commission'' (90 FR 22587; May 29, 2025). Section 5, ``Reforming and
Modernizing the NRC's Regulations,'' requires the NRC to undertake a
review and wholesale revision of its regulations and guidance documents
as guided by the policies set forth in section 2 of the E.O. This
rulemaking addresses section 5(a), which requires, among other things,
the NRC to establish ``fixed deadlines'' for final decisions for
requested activities of the Commission ``as directed under the Nuclear
Energy Innovation and Modernization Act,'' as well as fixed caps on
service fees to enforce those deadlines. As discussed in the ``FY
2026--Policy Change'' section of this document, the NRC is proposing a
policy change to its fee regulations for FY 2026 to implement the
policies mandated by E.O. 14300. This proposed rule would include
revisions to 10 CFR part 15, ``Debt Collection Procedures,'' and 10 CFR
part 170 to establish fixed
[[Page 12086]]
caps on service fees for requested activities of the Commission that
involve the issuance of a final safety evaluation, consistent with
NEIMA and E.O. 14300. The NRC will address the E.O. 14300 requirement
to establish fixed deadlines for final decisions (including the 12- and
18-month periods cited in section 5(a) of E.O. 14300) in a separate
rulemaking, given the nexus between those deadlines and other ongoing
rulemakings implementing E.O. 14300, such as the direction in section
5(j) of E.O. 14300 to ``[s]treamline the public hearings process.''
III. Discussion
FY 2026 Fee Collection--Overview
The Commerce, Justice, Science; Energy and Water Development; and
Interior and Environment Appropriations Act, 2026, Public Law 119-74
(the enacted budget) was signed into law on January 23, 2026, after the
FY 2026 proposed fee rule was far along in the development process. In
order to allow sufficient time for the NRC to issue the FY 2026 final
fee rule during FY 2026, as required by NEIMA, the NRC is issuing this
FY 2026 proposed fee rule based on the FY 2026 budget request as
further described in the NRC's FY 2026 Congressional Budget
Justification (CBJ) (NUREG-1100, Volume 41). The total budget authority
in the FY 2026 budget request and the total budget authority used in
the FY 2026 proposed fee rule is $971.5 million, which is an increase
of $27.4 million from FY 2025. The increase is primarily to support
advanced reactor pre-application and licensing activities and
specialized construction costs associated with the Three White Flint
North relocation project. The FY 2026 final fee rule will be based on
the enacted budget. The enacted budget also includes a total budget
authority of $971.5 million.
As explained previously, certain portions of the NRC's total budget
authority are excluded from the fee recovery requirement under section
102(b)(1)(B) of NEIMA. Based on the FY 2026 budget request, these
exclusions total $152.1 million, which is an increase of $15.0 million
from FY 2025. These excluded activities consist of $75.7 million for
fee-relief activities, $20.6 million for ADVANCE Act section 101
international nuclear export and innovation activities, $19.6 million
for ADVANCE Act section 201 mission-indirect program support and agency
support associated with the Reduced Hourly Rate, $19.3 million for
advanced reactor regulatory infrastructure activities, $14.4 million
for generic homeland security activities, $1.5 million for IG services
for the Defense Nuclear Facilities Safety Board, and $1.0 million for
waste incidental to reprocessing activities. Table I summarizes the
excluded activities for the FY 2026 proposed fee rule. The FY 2025
amounts are provided for comparison purposes.
Table I--Excluded Activities
[Dollars in millions]
------------------------------------------------------------------------
FY 2026
FY 2025 Proposed
Final rule rule
------------------------------------------------------------------------
Fee-Relief Activities:
International activities.................... 31.4 1.7
Agreement State oversight................... 12.7 10.5
Non-power production or utilization 1.3 4.6
facilities program (including medical
isotope production infrastructure).........
Fee exemption for nonprofit educational 18.2 15.6
institutions...............................
Costs not recovered from small entities 10.1 10.3
under 10 CFR 171.16(c).....................
Regulatory support to Agreement States...... 9.6 14.9
Generic decommissioning/reclamation 6.2 10.2
activities (not related to the operating
power reactors and spent fuel storage fee
classes)...................................
Uranium recovery program and unregistered 4.3 6.9
general licensees..........................
Potential Department of War remediation 0.8 0.8
program Memorandum of Understanding
activities.................................
Non-military radium sites................... 0.2 0.2
Minority Serving Institutions Grant Program. 2.0 0.0
-----------------------
Subtotal Fee-Relief Activities.......... 96.8 75.7
Activities under section 102(b)(1)(B)(ii) of 16.5 16.9
NEIMA (generic homeland security activities,
waste incidental to reprocessing activities,
and the Defense Nuclear Facilities Safety
Board).........................................
Activities under section 102(b)(1)(B)(iii) of 23.8 19.3
NEIMA (advanced reactor regulatory
infrastructure activities).....................
Activities under section 102(b)(1)(B)(iv)-(vii) N/A 40.2
of NEIMA, as amended by the ADVANCE Act
(ADVANCE Act Section 101 international nuclear
export and innovation activities, Section 201
mission-indirect program support and agency
support associated with the Reduced Hourly
Rate, and Section 204 activities related to
advanced nuclear reactors on DOE or critical
national security infrastructure sites)........
-----------------------
Total Excluded Activities................... 137.1 152.1
------------------------------------------------------------------------
After accounting for the exclusions from the fee recovery
requirement and net 10 CFR part 171 billing adjustments (i.e., for FY
2026 invoices that the NRC estimates will not be paid during the FY,
less payments received in FY 2026 for prior year invoices), the NRC
estimates that it must recover approximately $819.7 million in fees in
FY 2026. Of this amount, the NRC estimates that $189.4 million will be
recovered through 10 CFR part 170 service fees and approximately $630.3
million will be recovered through 10 CFR part 171 annual fees. Table II
of this document summarizes the fee recovery amounts for the FY 2026
proposed fee rule using the FY 2026 budget request and takes into
account the budget authority for excluded activities and net 10 CFR
part 171 billing adjustments. For all information presented in the
following tables in this proposed rule, individual values may not sum
to totals due to rounding. Please see the work papers, available as
indicated in the ``Availability of Documents'' section of this
document, for actual amounts.
In order to allow sufficient time for the NRC to issue the FY 2026
final fee rule during FY 2026, as required by NEIMA, the FY 2026
proposed fee rule
[[Page 12087]]
is based on the FY 2026 budget request. The FY 2025 amounts are
provided for comparison purposes. The FY 2026 final fee rule will be
based on the enacted budget.
Table II--Budget and Fee Recovery Amounts
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 Final FY 2026
rule Proposed rule
------------------------------------------------------------------------
Total Budget Authority.................. $944.1 $971.5
Less Budget Authority for Excluded -137.1 -152.1
Activities.............................
Balance............................. 807.0 819.4
Fee Recovery Percent.................... 100.0 100.0
Total Amount to be Recovered............ 807.0 819.4
Less Estimated Amount to be -205.4 -189.4
Recovered through 10 CFR part 170
Fees...............................
Estimated Amount to be Recovered 601.6 630.0
through 10 CFR part 171 Fees.......
10 CFR part 171 Billing Adjustments:
Unpaid Current Year Invoices 5.5 4.5
(estimated)........................
Less Payments Received in -3.7 -4.2
Current Year for Previous Year
Invoices (estimated)...........
Adjusted 10 CFR part 171 Annual 603.4 630.3
Fee Collections Required.......
Adjusted Amount to be Recovered through 808.8 819.7
10 CFR parts 170 and 171 Fees..........
------------------------------------------------------------------------
FY 2026 Fee Collection--Professional Hourly Rate and Reduced Hourly
Rate
This section discusses the methodology for calculating the NRC's
professional hourly rate and the methodology for calculating the
Reduced Hourly Rate.
The NRC uses a professional hourly rate to assess fees under 10 CFR
part 170 for specific services it provides. The professional hourly
rate also helps determine flat fees (which are used for the review of
certain types of 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 will be determined based on either the professional hourly rate
or the Reduced Hourly Rate, which went into effect on October 1, 2025
(FY 2026). The FY 2026 professional hourly rate and the FY 2026 Reduced
Hourly Rate will go into effect the first full pay period after the
effective date of the FY 2026 final fee rule.
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).\1\ 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
the Office of Management and Budget (OMB) Circular A-25, ``User
Charges,'' the professional hourly rate encompasses the ``full cost''
of NRC review and thus includes the NRC's budgeted 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:
---------------------------------------------------------------------------
\1\ Please see the work papers for more detailed information on
all the components of the professional hourly rate calculation.
[GRAPHIC] [TIFF OMITTED] TP12MR26.007
For FY 2026, the NRC is proposing to increase the professional
hourly rate from $318 to $336. The approximately 5.7 percent increase
in the professional hourly rate is primarily due to the decrease in
mission-direct FTE compared to FY 2025. 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. Based on the FY 2026 budget request, the number of
mission-direct FTE is expected to decrease by approximately 114,
primarily due to the Deferred Resignation Program (DRP) and other
voluntary resignations. In addition, there was a decrease in mission-
direct FTE because section 101 of the ADVANCE Act created a new
excluded activity for international nuclear export and innovation
activities, causing the FTE for these activities to be removed from the
professional hourly rate calculation.
Additionally, the professional hourly rate is increasing due to a
reduction in the estimate for annual mission-direct FTE productive
hours from 1,507 to 1,481, or 1.7 percent, compared to FY 2025. The
professional hourly rate is also inversely related to the annual
mission-direct FTE productive hours amount; therefore, as the annual
mission-direct FTE productive hours amount decreases, the professional
hourly rate may increase. The estimate for annual mission-direct FTE
productive hours reflects the average number of hours that a mission-
direct employee spends on mission-direct work annually. This estimate,
therefore,
[[Page 12088]]
excludes hours charged to annual leave, sick leave, holidays, training,
and general administrative tasks.
The decrease in the estimate for annual mission-direct FTE
productive hours, compared to FY 2025, is attributable mainly to an
increase in direct staff hours for annual leave and training
attendance, which are excluded from the estimate for annual mission-
direct FTE productive hours computation. The estimate for annual
mission-direct FTE productive hours is developed during budget
formulation and is currently based on a rolling average of actual hours
to account for any fluctuations in any given year. The reduction in
productive hours seen here is, in part, the result of abnormally high
productivity rates (e.g., less use of annual leave) seen during the
COVID-19 public health emergency being phased out of the rolling
average. Table III of this document shows the professional hourly rate
calculation methodology. The FY 2025 amounts are provided for
comparison purposes.
The decrease in mission-direct FTE and in the annual mission-direct
FTE productive hours amount is partially offset by a reduction in the
budgeted resources of approximately $25.5 million, or 3.1 percent,
compared to FY 2025.
---------------------------------------------------------------------------
\2\ The fees collected by the NRC for Freedom of Information Act
(FOIA) services and indemnity fees (financial protection required of
all licensees for public liability claims at 10 CFR part 140) are
subtracted from the budgeted resources amount when calculating the
10 CFR part 170 professional hourly rate, per the guidance in 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 2026
FY 2025 Proposed
Final rule rule
------------------------------------------------------------------------
Mission-Direct Program Salaries & Benefits.... $380.5 $363.0
Mission-Indirect Program Support.............. $121.5 $115.2
Agency Support (Corporate Support and the IG). $313.8 $312.1
-------------------------
Subtotal.................................. $815.8 $790.3
Less Offsetting Receipts \2\.................. $0.0 $0.0
-------------------------
Total Budgeted Resources Included in the $815.8 $790.3
Professional Hourly Rate.................
Mission-Direct FTE............................ 1,703.3 1,589.5
Annual Mission-Direct FTE Productive Hours 1,507 1,481
(Whole numbers)..............................
Mission-Direct FTE Converted to Hours (Mission- 2,566,873 2,354,050
Direct FTE multiplied by Annual Mission-
Direct FTE Productive Hours).................
Professional Hourly Rate (Total Budgeted $318 $336
Resources Included in the Professional Hourly
Rate Divided by Mission-Direct FTE Converted
to Hours) (Whole numbers)....................
------------------------------------------------------------------------
The FY 2025 final fee rule included revisions to 10 CFR part 170 to
implement section 201 of the ADVANCE Act, which went into effect on
October 1, 2025 (FY 2026). In short, the NRC has two hourly rates: (1)
the professional hourly rate, as described above in this section; and
(2) the Reduced Hourly Rate for advanced nuclear reactor applicants and
pre-applicants, as described below in this section.
Section 201 of the ADVANCE Act amended 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 above in this section, 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 calculates 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:
[[Page 12089]]
[GRAPHIC] [TIFF OMITTED] TP12MR26.008
Thus, in this FY 2026 proposed fee rule, the Reduced Hourly Rate is
proposed at $154 per hour and represents an over 50 percent reduction
from the proposed professional hourly rate of $336 per hour. The NRC is
proposing to increase the Reduced Hourly Rate from $148 to $154, or
approximately 4.0 percent, primarily due to the decrease in mission-
direct FTE for the Nuclear Reactor Safety Program compared to FY 2025.
The Reduced Hourly Rate is inversely related to the number of mission-
direct FTE for the Nuclear Reactor Safety Program; therefore, as the
number of mission-direct FTE for the Nuclear Reactor Safety Program
decreases, the Reduced Hourly Rate may increase. Based on the FY 2026
budget request, the number of mission-direct FTE for the Nuclear
Reactor Safety Program is expected to decrease by approximately 90,
primarily due to the DRP and other voluntary resignations.
Additionally, the Reduced Hourly Rate is increasing due to a
reduction in the estimate for annual mission-direct FTE productive
hours from 1,507 to 1,481, or 1.7 percent, compared to FY 2025. Similar
to the professional hourly rate, the Reduced Hourly Rate is also
inversely related to the annual mission-direct FTE productive hours
amount; therefore, as the annual mission-direct FTE productive hours
amount decreases, the Reduced Hourly Rate may increase. The estimate
for annual mission-direct FTE productive hours used for the Reduced
Hourly Rate is the same as the estimate for annual mission-direct FTE
productive hours used for the professional hourly rate, as described
above in this section.
The decrease in mission-direct FTE for the Nuclear Reactor Safety
Program and in the annual mission-direct FTE productive hours amount is
partially offset by a reduction in the mission-direct budgeted
resources for the Nuclear Reactor Safety Program of approximately $13.3
million, or 4.8 percent, compared to FY 2025, primarily due to the DRP
and other voluntary resignations.
Table IV--Reduced Hourly Rate Calculation
------------------------------------------------------------------------
FY 2026
FY 2025 Proposed
Final rule rule
------------------------------------------------------------------------
Mission-Direct Budgeted Resources for the $297.5 $284.2
Nuclear Reactor Safety Program (Dollars in
millions)....................................
Mission-Direct FTE for the Nuclear Reactor 1,332.9 1,242.5
Safety Program...............................
Annual Mission-Direct FTE Productive Hours 1,507 1,481
(Whole numbers)..............................
Mission-Direct FTE for the Nuclear Reactor 2,008,680 1,840,143
Safety 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 $148 $154
Resources for the Nuclear Reactor Safety
Program divided by Mission-Direct FTE for the
Nuclear Reactor Safety Program Converted to
Hours) (Whole numbers).......................
------------------------------------------------------------------------
Both the professional hourly rate and the Reduced Hourly Rate
provided in this proposed rule are based on the FY 2026 budget request.
The FY 2026 final fee rule will be based on the enacted budget.
FY 2026 Fee Collection--Flat Application Fee Changes
The NRC proposes to amend the flat application fees it charges in
its schedule of fees in Sec. 170.31 to reflect the proposed
professional hourly rate of $336. The NRC charges these fees to
applicants for materials licenses and other regulatory services, as
well as to holders of materials licenses. The NRC calculates flat fees
by multiplying the average professional staff hours needed to process
the licensing actions by the FY 2026 professional hourly rate.
Biennially, the NRC analyzes the actual hours spent performing
licensing actions and estimates the five-year average of professional
staff hours that are needed to process licensing actions. The biennial
review is required by section 205(a) of the Chief Financial Officers
Act of 1990 (31 U.S.C. 902(a)(8)). The NRC performed this review for
the FY 2025 proposed fee rule and will perform this review again for
the FY 2027 proposed fee rule. The higher professional hourly rate of
$336 is the primary reason for the increase in flat application fees
(see the work papers).
In order to simplify billing, the NRC rounds these flat fees to a
minimal degree. Specifically, the NRC rounds these flat fees (up or
down) in such a way that ensures both convenience for its stakeholders
and minimal effects due to rounding. Accordingly, fees under $1,000 are
rounded to the nearest $10, fees between $1,000 and $100,000 are
rounded to the nearest $100, and fees greater than $100,000 are rounded
to the nearest $1,000.
The proposed flat fees are applicable for certain materials
licensing actions (see fee categories 1.C. through 1.D., 2.B. through
2.F., 3.A. through 3.S., 4.B. through 5.A., 6.A. through 9.D., 10.B.,
15.A. through 15.L., 15.R., and 16 of Sec. 170.31). Applications filed
on or after the effective date of the FY 2026 final fee rule will be
subject to the revised fees in the final rule. Because section 101 of
the ADVANCE Act created a new excluded activity for international
nuclear export and innovation activities, which includes the budgeted
resources under the Licensing Export/Import product, fees continue to
not be assessed for import and export licensing actions under 10 CFR
parts 170 and 171.
FY 2026 Fee Collection--Low-Level Waste Surcharge
The NRC proposes assessing a generic low-level waste (LLW)
surcharge of $3.250 million. In comparison to FY 2025, the FY 2026
proposed surcharge is decreasing primarily due to a decline in budgeted
resources requested in the FY 2026 budget request as a result of the
[[Page 12090]]
DRP and other voluntary resignations. Disposal of LLW occurs at
commercially operated LLW disposal facilities that are licensed by
either the NRC or an Agreement State. Four existing LLW disposal
facilities in the United States accept various types of LLW. All are
regulated by an Agreement State, rather than the NRC. Because the NRC
does not regulate the existing LLW disposal facilities, the NRC
proposes to allocate this surcharge for LLW budgeted resources to NRC
licensees that generate LLW, based on data available in DOE's Manifest
Information Management System. This database contains information on
total LLW volumes disposed of by four generator classes: academic,
industrial, medical, and utility. The ratio of waste volumes disposed
of by these generator classes to total LLW volumes disposed over a
period of time is used to estimate the portion of this surcharge that
will be allocated to the operating power reactors, fuel facilities, and
materials users fee classes. The materials users fee class portion is
adjusted to account for the large percentage of materials licensees
that are licensed by the Agreement States rather than the NRC.
Table V of this document shows the proposed allocation of the LLW
surcharge and its allocation across the various fee classes.
Table V--Allocation of LLW Surcharge, FY 2026
[Dollars in millions]
------------------------------------------------------------------------
LLW surcharge
Fee classes -------------------------------
Percent $
------------------------------------------------------------------------
Operating Power Reactors................ 85.6 2.782
Spent Fuel Storage/Reactor 0.0 0.000
Decommissioning........................
Non-Power Production or Utilization 0.0 0.000
Facilities.............................
Fuel Facilities......................... 11.4 0.370
Materials Users......................... 3.0 0.097
Transportation.......................... 0.0 0.000
Rare Earth Facilities................... 0.0 0.000
Uranium Recovery........................ 0.0 0.000
-------------------------------
Total............................... 100.0 3.250
------------------------------------------------------------------------
FY 2026 Fee Collection--Revised Annual Fees
In accordance with SECY-05-0164, ``Annual Fee Calculation Method,''
the NRC rebaselines its annual fees every year. ``Rebaselining''
entails analyzing the budgeted resources in detail and then allocating
the budgeted resources to various classes or subclasses of licensees.
Rebaselining also includes updating the number of NRC licensees in its
fee calculation methodology. As shown in Table II, 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 10 CFR part
171 billing adjustments to arrive at the total adjusted amount to be
recovered through 10 CFR part 171 fees.
The NRC is proposing revisions to its annual fees in Sec. 171.15,
``Annual fees: Non-power production or utilization licenses, reactor
licenses, and independent spent fuel storage licenses,'' and Sec.
171.16 based on the FY 2026 budget request.
Table VI of this document shows the proposed rebaselined fees for
FY 2026 for a sample of licensee categories. The FY 2025 amounts are
provided for comparison purposes.
Table VI--Rebaselined Annual Fees
[Actual dollars]
------------------------------------------------------------------------
FY 2026
Class/category of licensees FY 2025 Final Proposed
annual fee annual fee
------------------------------------------------------------------------
Operating Power Reactors................ $5,319,000 $5,553,000
+ Spent Fuel Storage/Reactor 326,000 323,000
Decommissioning........................
-------------------------------
Total, Combined Fee................. 5,645,000 5,876,000
Spent Fuel Storage/Reactor 326,000 323,000
Decommissioning........................
Non-Power Production or Utilization 96,800 99,100
Facilities.............................
High Enriched Uranium Fuel Facility 6,101,000 5,869,000
(Category 1.A.(1)(a))..................
Low Enriched Uranium Fuel Facility 2,068,000 1,989,000
(Category 1.A.(1)(b))..................
Uranium Enrichment (Category 1.E)....... 2,659,000 2,558,000
UF6 Conversion and Deconversion Facility 1,295,000 1,246,000
(Category 2.A.(1)).....................
Basic In Situ Recovery Facilities 27,700 47,200
(Category 2.A.(2)(b))..................
Typical Users:
Radiographers (Category 3.O.)....... 31,700 34,000
All Other Specific Byproduct 15,600 16,600
Material Licensees (Category 3.P.).
Medical Other (Category 7.C.)....... 21,600 23,200
Device/Product Safety Evaluation-- 27,200 28,200
Broad (Category 9.A.)..............
------------------------------------------------------------------------
[[Page 12091]]
The work papers that support this proposed rule show in detail how
the NRC allocates the budgeted resources for each class of licensees
and calculates the fees.
Paragraphs a. through h. of this section 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 proposed rule.
a. Operating Power Reactors
The NRC proposes to collect $527.6 million in annual fees from the
operating power reactors fee class in FY 2026, as shown in table VII of
this document. The FY 2025 operating power reactors fees are shown for
comparison purposes.
Table VII--Annual Fee Summary Calculations for Operating Power Reactors
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 Final FY 2026
Summary fee calculations rule Proposed rule
------------------------------------------------------------------------
Total budgeted resources................ $668.9 $682.3
Less estimated 10 CFR part 170 receipts. -174.1 -158.7
-------------------------------
Net 10 CFR part 171 resources....... 494.7 523.7
Allocated generic transportation........ 0.5 0.9
Allocated LLW surcharge................. 3.3 2.8
Billing adjustment...................... 1.5 0.3
-------------------------------
Total required annual fee recovery.. 500.0 527.6
Total operating reactors............ 94 95
Annual fee per operating reactor........ $5.319 $5.553
------------------------------------------------------------------------
In comparison to FY 2025, the FY 2026 proposed annual fee for the
operating power reactors fee class is increasing primarily due to (1)
an increase in the budgeted resources requested in the FY 2026 budget
request that are allocated to the operating power reactors fee class;
and (2) an expected decrease in the 10 CFR part 170 estimated billings.
The increase in the proposed total required annual fee recovery amount
for the operating power reactors fee class is offset primarily due to
the transition of the Palisades Nuclear Plant (Palisades) back to the
operating power reactors fee class, increasing the number of reactors
in the operating power reactors fee class by one. Palisades has
transitioned back to the operating power reactors fee class consistent
with Sec. 171.15 because (1) Palisades was previously included in the
operating power reactors fee class; (2) it transitioned back to an
operational licensing basis in late FY 2025; and (3) a notification was
previously provided to the Atomic Energy Commission (the NRC's
predecessor) of the successful completion of power ascension testing
for Palisades.
The FY 2026 CBJ explains that the increase in budgeted resources
requested for the Operating Reactors Business Line is primarily due to
resources for specialized, mission-related construction costs
associated with the Three White Flint North relocation project. In
addition, the FY 2026 CBJ explains that the increase in budgeted
resources requested for the New Reactors Business Line is primarily due
to increasing pre-application and application review workload to
support the growing need for new civilian nuclear power. The FY 2026
CBJ notes that this includes increased resources to prepare for the
influx of new entities in response to the ADVANCE Act, particularly the
ADVANCE Act's Reduced Hourly Rate provisions.
The increase in budgeted resources is also mitigated by the
following: (1) reduction in licensing resources due to efficiencies
gained from the ADVANCE Act and E.O. 14300; (2) the transition of
Palisades back to the operating power reactors fee class; (3) a
reduction in oversight resources due to streamlining inspection
workload that includes vendor inspections and event evaluations; (4) a
reduction in research in areas includingstructural codes and standards,
systems analysis research, external hazard research and risk analysis
computer code development, andregulatory guide updates; and (5) a
reduction in resources due to the excluded activities for ADVANCE Act
section 201 mission-indirect program support and agency support
associated with the Reduced Hourly Rate.
The 10 CFR part 170 estimated billings are expected to decrease
primarily due to the following: (1) the staff completed implementation
of the license renewal roadmap and other efficiency efforts, which
significantly decreased the staff hours and contract resources needed
to complete license renewal and subsequent license renewal application
reviews; (2) the completion of NuScale Power LLC US460 small modular
reactor (SMR) standard design approval application review in FY 2025;
and (3) a decrease in 10 CFR part 170 estimated billings due to the
government shutdown.
The proposed annual fee is also affected by the following
contributing factors: (1) a decrease in the 10 CFR part 171 billing
adjustment due to the collection of prior year invoices; and (2) an
increase in the generic transportation resources allocated to the
operating power reactors fee class to support activities related to two
new Certificates of Compliance (CoCs).
The proposed fee-recoverable budgeted resources are divided equally
among the 95 reactors in the operating power reactors fee class,
resulting in a proposed annual fee of $5,553,000 per operating power
reactor. Additionally, the NRC estimates that each licensed operating
power reactor will be assessed the FY 2026 spent fuel storage/reactor
decommissioning proposed annual fee of $323,000 (see table VIII of this
document and the discussion that follows). The NRC estimates that the
combined FY 2026 proposed annual fee for each operating power reactor
will be $5,876,000.
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
[[Page 12092]]
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 B, ``Estimated Operating Power
Reactors Annual Fee Per Licensee,'' of the FY 2026 CBJ to increase
transparency for stakeholders. The NRC developed this estimate based on
the staff's allocation of the FY 2026 budget request 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 2026 CBJ assumed 95 operating power reactors in FY 2026 and
applied various data assumptions from the FY 2024 final fee rule. Based
on these allocations and assumptions, the annual fee for the operating
power reactors fee class included in the FY 2026 CBJ was estimated to
be $5.540 million.
Although this proposed rule is based on the FY 2026 budget request,
the assumptions made between budget formulation and the development of
this proposed rule have changed such that the proposed annual fee for
the operating power reactors fee class is $5.553 million, compared to
the estimated $5.540 million in appendix B of the FY 2026 CBJ. These
changes are primarily due to the decrease in the 10 CFR part 170
estimated billings for the FY 2026 proposed fee rule compared to the
estimates for 10 CFR part 170 billings at the time of the FY 2026
budget request. The proposed annual fee for the operating power
reactors fee class in this proposed rule is $0.984 million below the FY
2015 operating power reactors annual fee amount adjusted for inflation
of $6.537 million. The FY 2015 operating power reactors annual fee
amount adjusted for inflation of $6.537 million included in this
proposed rule differs from the amount included in appendix B of the FY
2026 CBJ of $6.681 million due to the CBJ using an average for
inflation for multiple years to project the Consumer Price Index. The
fee rule utilizes the Consumer Price Index for the most recent
completed calendar year to build off the prior year annual fee amount
adjusted for inflation.
In FY 2016, the NRC amended Sec. 171.15 to establish a variable
annual fee structure for light-water reactor (LWR) SMRs (81 FR 32617;
May 24, 2016). In FY 2023, the NRC further amended Sec. 171.5,
``Definitions,'' 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 does not
expect to assess an annual fee in FY 2026 for this type of licensee.
b. Spent Fuel Storage/Reactor Decommissioning
The NRC proposes to collect $40.1 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 2026, as
shown in table VIII of this document. The FY 2025 spent fuel storage/
reactor decommissioning fees are shown for comparison purposes.
Table VIII--Annual fee Summary Calculations for Spent Fuel Storage/
Reactor Decommissioning
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 Final FY 2026
Summary fee calculations rule Proposed rule
------------------------------------------------------------------------
Total budgeted resources................ $50.7 $49.1
Less estimated 10 CFR part 170 receipts. -12.3 -11.0
-------------------------------
Net 10 CFR part 171 resources....... 38.4 38.1
Allocated generic transportation........ 1.9 2.0
Billing adjustments..................... 0.1 0.0
-------------------------------
Total required annual fee recovery.. 40.4 40.1
Total spent fuel storage facilities. 124 124
Annual fee per facility................. $0.326 $0.323
------------------------------------------------------------------------
In comparison to FY 2025, the FY 2026 proposed annual fee for the
spent fuel storage/reactor decommissioning fee class is decreasing
primarily due to a decrease in budgeted resources requested in the FY
2026 budget request that are allocated to the spent fuel storage/
reactor decommissioning fee class.
The decrease in budgeted resources is primarily due to the
following: (1) the potential restart of the Christopher M. Crane Clean
Energy Center (CCEC) and Duane Arnold Energy Center, which, if
approved, would result in these reactors transitioning back to the
operating power reactors fee class; (2) completion of major
decommissioning taskings at the Vallecitos Nuclear Center and Fort
Calhoun Station; and (3) reduction in staffing due to the DRP and other
voluntary resignations.
The decrease in budgeted resources is partially offset by an
expected decrease in the 10 CFR part 170 estimated billings, which in
turn is primarily due to the following: (1) the transition of Palisades
back to the operating power reactors fee class; (2) the potential
restart of CCEC and Duane Arnold; (3) completion of major
decommissioning taskings at Vallecitos and Fort Calhoun; and (4) a
decrease in 10 CFR part 170 estimated billings due to the government
shutdown.
The proposed total required annual fee recovery amount is divided
equally among 124 facilities, resulting in a proposed FY 2026 annual
fee of $323,000 per facility.
c. Fuel Facilities
The NRC proposes to collect $23.1 million in annual fees from the
fuel facilities fee class in FY 2026, as shown in table IX of this
document. The FY 2025 fuel facilities fees are shown for comparison
purposes.
[[Page 12093]]
Table IX--Annual Fee Summary Calculations for Fuel Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 Final FY 2026
Summary fee calculations rule Proposed rule
------------------------------------------------------------------------
Total budgeted resources................ $31.5 $29.9
Less estimated 10 CFR part 170 receipts. -10.0 -9.6
-------------------------------
Net 10 CFR part 171 resources....... 21.5 20.3
Allocated generic transportation........ 2.0 2.5
Allocated LLW surcharge................. 0.4 0.4
Billing adjustments..................... 0.1 0.0
-------------------------------
Total remaining required annual fee $24.1 $23.1
recovery...........................
------------------------------------------------------------------------
In comparison to FY 2025, the FY 2026 proposed annual fee for the
fuel facilities fee class is decreasing primarily due to a decrease in
the budgeted resources requested in the FY 2026 budget request that are
allocated to the fuel facilities fee class. This decrease in budgeted
resources is partially offset by an expected decrease in the 10 CFR
part 170 estimated billings and an increase in the allocated generic
transportation resources. As a result, there is a decrease in the
proposed annual fee for the fuel facilities fee class compared to FY
2025.
As discussed in the FY 2026 CBJ, the budgeted resources in the FY
2026 budget request that are allocated to the fee class decreased
primarily to support the following: (1) reduction in resources for
environmental reviews for routine license amendment requests and
renewal applications, complex license amendment requests associated
with major modifications of existing fuel cycle facilities, and new
fuel cycle facility license applications to reflect historical
execution data and expected high confidence submittals; and (2)
reduction in staffing due to the DRP and other voluntary resignations.
These decreases are partially offset by increased resources for the
maintenance and operation of the Nuclear Material Management and
Safeguards System, a national database for special nuclear material
reporting to fulfill domestic requirements and international
agreements.
The 10 CFR part 170 estimated billings are expected to decrease
compared to FY 2025 primarily due to the following: (1) the completion
of the review of the National Institute of Standards and Technology's
(NIST's) license renewal application for possession and use of special
nuclear material; (2) the completion of the review of the Purdue
University license renewal application for possession and use of
special nuclear material; (3) the completion of the review of the
Urenco USA license amendment request to increase its enrichment limit
to less than 10 weight percent uranium-235; (4) the implementation of
process improvements to decrease the schedule/resources for licensing
reviews; and (5) a decrease in 10 CFR part 170 estimated billings due
to the government shutdown. This expected decrease is partially offset
by: (1) the review of several expected licensing actions; (2) the
review of the Global Laser Enrichment, LLC, Paducah Laser Enrichment
Facility application; (3) the continued review of the TRISO-X, LLC,
Fuel Fabrication Facility application; (4) significant pre-application
engagement activities for potential new fuel facilities; and (5)
oversight for the production of high assay low enriched uranium at the
American Centrifuge Plant.
The NRC continues to allocate annual fees to individual fuel
facility licensees based on the effort/fee determination matrix
developed in the FY 1999 final fee rule (64 FR 31448; June 10, 1999).
In short, the matrix groups licensees within this fee class into
various fee categories. The matrix lists processes that are conducted
at licensed sites and assigns effort factors for the safety and
safeguards activities associated with each process (these effort levels
are reflected in table X 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 and 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 X--Effort Factors for Fuel Facilities, FY 2026
----------------------------------------------------------------------------------------------------------------
Effort factors
Facility type (fee category) Number of -------------------------------
facilities Safeguards Safety
----------------------------------------------------------------------------------------------------------------
High Enriched Uranium Fuel (1.A.(1)(a))......................... 2 88 91
Low Enriched Uranium Fuel (1.A.(1)(b)).......................... 3 70 21
Limited Operations (1.A.(2)(a))................................. 1 3 22
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))............ 0 0 0
Hot Cell (and others) (1.A.(2)(c)).............................. 0 0 0
Uranium Enrichment (1.E.)....................................... 1 16 23
UF6 Conversion and Deconversion (2.A.(1))....................... 1 12 7
-----------------------------------------------
Total....................................................... 8 189 164
----------------------------------------------------------------------------------------------------------------
In FY 2026, the total remaining required annual fee recovery
amount, $23.1 million, is attributable to safety activities, safeguards
activities, and the LLW surcharge. For FY 2026, the total budgeted
resources proposed to be
[[Page 12094]]
recovered as annual fees for safety activities are approximately $12.2
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, $10.6 million, to each fee category based on its
percentage of the total regulatory effort for safeguards activities.
Finally, the fuel facilities fee class portion of the LLW surcharge--
$0.4 million--is allocated to each fee category based on its percentage
of the total regulatory effort for both safety and safeguards
activities. The proposed annual fee per licensee is then calculated by
dividing the estimated total allocated budgeted resources for the fee
category by the number of licensees in that fee category. The proposed
annual fee for each facility is summarized in table XI of this
document.
Table XI--Annual Fees for Fuel Facilities
[Actual dollars]
------------------------------------------------------------------------
FY 2026
Facility type (fee category) FY 2025 Final Proposed
annual fee annual fee
------------------------------------------------------------------------
High Enriched Uranium Fuel (1.A.(1)(a)). $6,101,000 $5,869,000
Low Enriched Uranium Fuel (1.A.(1)(b)).. 2,068,000 1,989,000
Facilities with limited operations 1,704,000 1,639,000
(1.A.(2)(a))...........................
Gas Centrifuge Enrichment Demonstration N/A N/A
(1.A.(2)(b))...........................
Hot Cell (and others) (1.A.(2)(c))...... N/A N/A
Uranium Enrichment (1.E.)............... 2,659,000 2,558,000
UF6 Conversion and Deconversion 1,295,000 1,246,000
(2.A.(1))..............................
------------------------------------------------------------------------
d. Uranium Recovery Facilities
The NRC proposes to collect $0.2 million in annual fees from the
uranium recovery facilities fee class in FY 2026, as shown in table XII
of this document. The FY 2025 uranium recovery facilities fees are
shown for comparison purposes.
Table XII--Annual Fee Summary Calculations for Uranium Recovery
Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 Final FY 2026
Summary fee calculations rule Proposed rule
------------------------------------------------------------------------
Total budgeted resources................ $1.8 $2.2
Less estimated 10 CFR part 170 receipts. -1.6 -2.0
-------------------------------
Net 10 CFR part 171 resources....... 0.2 0.2
Billing adjustments..................... 0.0 0.0
-------------------------------
Total required annual fee recovery.. $0.2 $0.2
------------------------------------------------------------------------
In comparison to FY 2025, the proposed total required annual fee
recovery amount for the fee class is increasing slightly, primarily due
to an increase in the budgeted resources requested in the FY 2026
budget request that are allocated to the uranium recovery facilities
fee class. This increase in budgeted resources is primarily (1) to
support the NRC's review of license renewal applications and (2) due to
a projected increase in licensing actions for NRC-licensed facilities
moving towards license termination. This increase in budgeted resources
is partially offset by an expected increase in 10 CFR part 170
estimated billings to support the NRC's review of license renewal
applications for the Crow Butte Resources, Inc. site; Powertech USA,
Inc. Dewey-Burdock site; and NuFuels, Inc. Crownpoint Uranium Project.
As discussed in this document, the uranium recovery fee class
includes DOE and non-DOE licensees. Compared to FY 2025, the proposed
annual fee amount for DOE and the proposed annual fee amount for the
non-DOE licensee are both increasing. The proposed annual fee amount
for DOE is increasing primarily because of a decrease in 10 CFR part
170 estimated billings due to the government shutdown. The proposed
annual fee amount for the non-DOE licensee is increasing primarily due
to an increase in resources for inspection procedural modifications
associated with improvements resulting from the ADVANCE Act.
The NRC regulates DOE's Title I and Title II activities under the
Uranium Mill Tailings Radiation Control Act (UMTRCA).\3\ 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. The proposed annual fee assessed to
DOE includes the resources specifically budgeted for the NRC's UMTRCA
Title I and Title II activities, as well as 10 percent of the remaining
[[Page 12095]]
budgeted resources for this fee class. The NRC assesses the remaining
90 percent of its budgeted resources to the non-DOE licensee in this
fee class, which is reflected in table XIII. For additional
information, please see the work papers.
---------------------------------------------------------------------------
\3\ Congress established the two programs, Title I and Title II,
under UMTRCA to protect the public and the environment from hazards
associated with uranium milling. The UMTRCA Title I program is for
remedial action at abandoned mill tailings sites where tailings
resulted largely from production of uranium for weapons programs.
The NRC also regulates DOE's UMTRCA Title II program, which is
directed toward uranium mill sites licensed by the NRC or Agreement
States in or after 1978.
Table XIII--Costs Recovered Through Annual Fees; Uranium Recovery
Facilities Fee Class
[Actual dollars]
------------------------------------------------------------------------
FY 2026
Summary of costs FY 2025 Final Proposed
annual fee annual fee
------------------------------------------------------------------------
DOE Annual Fee Amount (UMTRCA Title I
and Title II) General Licenses:
UMTRCA Title I and Title II budgeted $153,324 $170,939
resources less 10 CFR part 170
receipts...........................
10 percent of generic/other uranium 3,073 5,241
recovery budgeted resources........
Total Annual Fee Amount for DOE 156,000 176,000
(rounded)..............................
Annual Fee Amount for Other Uranium
Recovery Licenses:
90 percent of generic/other uranium 27,654 47,173
recovery budgeted resources less
the amounts specifically budgeted
for UMTRCA Title I and Title II
activities.........................
Total Annual Fee Amount for Other 27,700 47,200
Uranium Recovery Licensees.............
------------------------------------------------------------------------
Further, for any non-DOE licensees, the NRC continues to use 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 in the ``c. Fuel Facilities'' section of
this document. 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 XIV of this document displays the benefit
factors for the non-DOE licensee in that fee category.
Table XIV--Benefit Factors for Uranium Recovery Licenses, 2026
----------------------------------------------------------------------------------------------------------------
Number of Benefit factor Benefit factor
Fee category licensees per licensee Total value percent total
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach facilities 0 ............... .............. 0
(2.A.(2)(a)).................................
Basic In Situ Recovery facilities (2.A.(2)(b)) 1 190 190 100
Expanded In Situ Recovery facilities 0 ............... .............. 0
(2.A.(2)(c)).................................
Section 11e.(2) disposal incidental to 0 ............... .............. 0
existing 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 2026 proposed annual fee for the
non-DOE licensee is $47,200 (rounded), as shown in table XV of this
document. While the FY 2026 proposed annual fee for the non-DOE
licensee reflects an increase of $19,500 compared to FY 2025, the
proposed annual fee remains consistent with fiscal years prior to FY
2025 and is less than the annual fee included in the FY 2024 final fee
rule for this fee category, which was $53,200. Additionally, as
explained in the FY 2019 final fee rule (84 FR 22331; May 17, 2019),
the NRC includes some uranium recovery program budgeted resources in a
fee-relief activity to ensure the equitability and stability of annual
fees for the uranium recovery fee class since the majority of uranium
recovery licensees are currently in Agreement States.
Table XV--Annual Fees for Uranium Recovery Licensees
(Other than DOE)
[Actual dollars]
------------------------------------------------------------------------
FY 2026
Facility type (fee category) FY 2025 Final Proposed
annual fee annual fee
------------------------------------------------------------------------
Conventional and Heap Leach facilities N/A N/A
(2.A.(2)(a))...........................
Basic In Situ Recovery facilities $27,700 $47,200
(2.A.(2)(b))...........................
Expanded In Situ Recovery facilities N/A N/A
(2.A.(2)(c))...........................
Section 11e.(2) disposal incidental to N/A N/A
existing tailings sites (2.A.(4))......
------------------------------------------------------------------------
[[Page 12096]]
e. Non-Power Production or Utilization Facilities
The NRC proposes to collect $0.198 million in annual fees from the
non-power production or utilization facilities fee class in FY 2026, as
shown in table XVI of this document. The FY 2025 non-power production
or utilization facilities fees are shown for comparison purposes.
Table XVI--Annual Fee Summary Calculations for Non-Power Production or
Utilization Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 Final FY 2026
Summary fee calculations rule Proposed rule
------------------------------------------------------------------------
Total budgeted resources................ $0.782 $2.786
Less estimated 10 CFR part 170 receipts. -0.621 -2.626
-------------------------------
Net 10 CFR part 171 resources....... 0.161 0.160
Allocated generic transportation........ 0.030 0.037
Billing adjustments..................... 0.002 0.001
-------------------------------
Total required annual fee recovery.. 0.194 0.198
Total non-power production or 2 2
utilization facilities licensees...
Total annual fee per licensee (rounded). $0.096 $0.099
------------------------------------------------------------------------
Compared to FY 2025, the FY 2026 proposed annual fee for the non-
power production or utilization facilities fee class is increasing
primarily due to an increase in allocated generic transportation
surcharge for this fee class. The rise in the generic transportation
allotment is due to the increase in budgeted resources within the
transportation fee class in the FY 2026 proposed fee rule.
Although the budgeted resources requested in the FY 2026 budget
request that are allocated to this fee class represent an increase
compared to FY 2025, this increase in budgeted resources is offset by
an increase in the 10 CFR part 170 estimated billings for this fee
class overall. The increase in budgeted resources compared to FY 2025
is primarily due to work associated with application reviews for
medical isotope production facilities and advanced reactors.
While the 10 CFR part 170 estimated billings for this fee class
overall increased compared to FY 2025, the 10 CFR part 170 estimated
billings for the current fleet subject to annual fees decreased. The 10
CFR part 170 estimated billings with respect to medical isotope
production facilities and advanced reactors applicants (i.e., those not
subject to annual fees) have increased when compared with FY 2025
primarily due to the following: (1) conducting pre-application
activities for Eden Radioisotopes future operating license application
in addition to the anticipation of their construction permit
application for review, and (2) the review of a new advanced non-power
reactor application, including topical reports and white papers. The 10
CFR part 170 estimated billings associated with the current fleet of
operating non-power production or utilization facilities licensees
subject to annual fees have declined slightly compared to FY 2025 as a
result of the NIST shutdown status extending into FY 2026, reducing the
NRC's expected oversight workload.
The proposed total required annual fee recovery amount is divided
equally among the two non-power production or utilization facilities
licensees subject to annual fees and results in an FY 2026 proposed
annual fee of $99,100 for each licensee.
f. Rare Earth
The NRC has not allocated any budgeted resources to this fee class;
therefore, the NRC is not proposing an annual fee for this fee class in
FY 2026.
g. Materials Users
The NRC proposes to collect $47.1 million in annual fees from
materials users licensed under 10 CFR parts 30, 40, and 70 in FY 2026,
as shown in table XVII of this document. The FY 2025 materials users
fees are shown for comparison purposes.
Table XVII--Annual Fee Summary Calculations for Materials Users
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 Final FY 2026
Summary fee calculations rule Proposed rule
------------------------------------------------------------------------
Total budgeted resources for licensees $45.1 $45.1
not regulated by Agreement States......
Less estimated 10 CFR part 170 receipts. -0.8 -0.9
-------------------------------
Net 10 CFR part 171 resources....... 44.3 44.2
Allocated generic transportation........ 2.2 2.8
LLW surcharge........................... 0.1 0.1
Billing adjustments..................... 0.1 0.0
-------------------------------
Total required annual fee recovery.. $46.7 47.1
------------------------------------------------------------------------
In comparison to FY 2025, there is an increase in the proposed
total required annual fee recovery amount primarily due to (1) an
increase in the allocated generic transportation resources for this fee
class as a result of an additional CoC
[[Page 12097]]
in the materials users fee class; and (2) a decrease in the number of
materials users licensees not regulated by Agreement States and thus
the number of licensees in the fee class. In addition, there is a
slight increase in the budgeted resources requested in the FY 2026
budget request that are allocated to the materials users fee class.
This increase is primarily due to a rise in contract support to address
skill gaps in health physics specialties and support the agency's
strategic workforce planning. This increase in budgeted resources is
offset by a reduction in staffing due to many materials users licensing
actions nearing completion.
The NRC continues to use its established methodology for equitably
and fairly allocating the proposed total required annual fee recovery
amount of $47.1 million among approximately 2,200 diverse licensees in
the fee class. The total number of licensees in the fee class decreased
from approximately 2,300 to 2,200, compared to FY 2025, as a result of
Connecticut becoming an Agreement State effective at the end of FY
2025. The NRC continues to calculate the annual fees for each fee
category within this fee class based on the 10 CFR part 170 application
fees and estimated inspection costs for each fee category. Because the
application fees and inspection costs are indicative of the complexity
of the materials license, this approach provides a proxy for allocating
the generic and other regulatory costs to the diverse fee categories.
This methodology 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 considers application fees, inspection costs, inspection
priority (or frequency), and unique category costs. This formula is
described in detail in the work papers. At a high level, this formula
includes three main components: (1) recovery of general costs, (2)
recovery of inspection costs, and (3) unique category costs. The
proposed total required annual fee recovery amount of $47.1 million for
FY 2026, as shown in table XVII of this document, consists of $36.4
million for general costs (including the allocated generic
transportation resources), and $10.6 million for inspection costs;
there are no unique category costs for any fee categories in FY 2026.
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. A constant
multiplier is established to recover the total general costs for the
fee class (estimated to be $36.4 million in FY 2026). 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 2026 proposed professional
hourly rate of $336. The inspection priority is the interval between
routine inspections, expressed in years. This calculation results in a
proposed constant multiplier of 1.35 for FY 2026.
The inspection multiplier is established to recover inspection
costs for the fee class (estimated to be $10.6 million in FY 2026). To
derive the inspection multiplier, the amount of inspection costs for
the fee class is divided by the sum of all fee categories (average
inspection cost divided by inspection priority) then multiplied by the
number of licensees. This calculation results in a proposed inspection
multiplier of 2.09 for FY 2026.
Additionally, the unique category costs would recover costs unique
to a particular fee category; however, there are no unique category
costs for FY 2026.
The FY 2026 proposed total required annual fee recovery amount of
$47.1 million for the materials users fee class also includes
approximately $0.1 million in LLW surcharge costs (see table V,
``Allocation of LLW Surcharge, FY 2026,'' of this document). The LLW
surcharge costs for the fee class are not included in the formula
described above; 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 these calculations, the proposed total required annual fee
recovery amount for the materials users fee class is increasing
compared to FY 2025. For the individual categories within the fee
class, the FY 2026 proposed annual fees for all fee categories are
increasing compared to FY 2025. The proposed increase for these fee
categories is primarily due to the following: (1) an increase in the
generic transportation resources allocated to this fee class; and (2)
decrease in the number of licensees in the fee class due to Connecticut
becoming an Agreement State. The proposed annual fee for each fee
category is shown in the proposed revision to Sec. 171.16(d).
h. Transportation
The NRC proposes to collect $2.4 million in annual fees to recover
generic transportation budgeted resources in FY 2026, as shown in table
XVIII of this document. The FY 2025 fees are shown for comparison
purposes.
Table XVIII--Annual Fee Summary Calculations for Transportation
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 Final FY 2026
Summary fee calculations rule Proposed rule
------------------------------------------------------------------------
Total budgeted resources................ $11.8 $13.5
Less estimated 10 CFR part 170 receipts. -3.3 -3.0
-------------------------------
Net 10 CFR part 171 resources....... 8.6 10.5
Less generic transportation resources... -6.6 -8.2
Billing adjustments..................... 0.0 0.0
-------------------------------
Total required annual fee recovery.. $2.0 $2.4
------------------------------------------------------------------------
[[Page 12098]]
In comparison to FY 2025, the FY 2026 proposed annual fee for the
transportation fee class is increasing primarily due to (1) an increase
in the budgeted resources requested in the FY 2026 budget request that
are allocated to this fee class; and (2) a decrease in the 10 CFR part
170 estimated billings due to the completion of multiple transportation
package reviews at the end of FY 2025 and the delay of an anticipated
submittal by Radiant Industries Kaleidos to late FY 2026. This increase
in budgeted resources is primarily to support an increase in licensing
and transportation certification activities for microreactors,
including reviews associated with the Radiant Industries Kaleidos
microreactor. This increase in budgeted resources is partially offset
by (1) a rise in the transportation percentage distribution of
resources for the operating power reactors fee class (to support
activities related to CoCs) and for the materials users fee class
(because of the new CoC under the materials users fee class) in FY
2026; and (2) the discontinuation of resources associated with the
Project Pele application in FY 2025. 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 resources unrelated to
DOE by including those resources 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 XIX 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 the non-
power production or utilization facilities fee class has been adjusted
to 0.3 so these licensees are charged a fair and equitable portion of
the total fees (see the work papers).
Table XIX--Distribution of Transportation Resources, FY 2026
[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................................................ 26.0 26.4 $2.8
Operating Power Reactors....................................... 8.0 8.1 0.9
Spent Fuel Storage/Reactor Decommissioning..................... 19.0 19.3 2.0
Non-Power Production or Utilization Facilities................. 0.3 0.4 0.04
Fuel Facilities................................................ 23.0 23.4 2.5
Subtotal of Generic Transportation Resources................... 76.3 77.6 8.2
DOE............................................................ 22.0 22.4 2.4
------------------------------------------------
Total...................................................... 98.3 100.0 10.5
----------------------------------------------------------------------------------------------------------------
The NRC assesses an annual fee to DOE based on the 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 2026--Policy Change
The NRC is proposing one policy change to its fee regulations for
FY 2026 to implement the policy mandate of E.O. 14300.
Establishing Fixed Caps on Service Fees in Response to Executive Order
14300, ``Ordering the Reform of the Nuclear Regulatory Commission,''
Section 5(a)
Section 5(a) of E.O. 14300 directs the NRC to replace its
``nonbinding `generic milestone schedules' '' with ``fixed deadlines''
for requested activities of the Commission ``as directed under the
Nuclear Energy Innovation and Modernization Act.'' Section 5(a) also
directs the NRC to establish fixed caps on service fees to enforce
those deadlines. Section 5(a) further provides that the ``regulations
should not provide for tolling those deadlines except in instances of
applicant failure, and must allow a reasonably diligent applicant'' to
complete the licensing process within the allotted time.
Section 5(a) references NEIMA specifically and the requirement in
section 102(c) of NEIMA, as amended by section 504 of the ADVANCE Act.
Section 102(c) requires development of performance metrics and
milestone schedules for ``requested activities of the Commission'' and
imposes reporting requirements for certain delays in issuing a final
safety evaluation for these activities. NEIMA section 3 defines
``requested activity of the Commission'' to include the processing of
applications for design certifications or approvals, licenses, permits,
license amendments, license renewals, CoCs, and power uprates, and
``any other activity requested by a licensee or applicant.'' In
contrast to NEIMA section 102(c), section 5(a) of E.O. 14300 refers to
the ``final decision on an application'' and not the ``final safety
evaluation.''
a. Purpose of This Proposed Change
The NRC is proposing this change for the FY 2026 fee rule to
establish fixed caps on service fees for requested activities of the
Commission that involve the issuance of a final safety evaluation,
consistent with NEIMA and to implement the policy mandate of E.O.
14300. The proposed fixed fee caps would drive increased efficiency and
accountability in the NRC's licensing activities and other activities
requested by applicants and licensees. The NRC will address the E.O.
14300 requirement to establish fixed deadlines for final decisions
(including the 12- and 18-month periods cited in section 5(a) of E.O.
14300) in a separate rulemaking, given the nexus between those
deadlines and other ongoing
[[Page 12099]]
rulemakings implementing E.O. 14300, such as the direction in section
5(j) of E.O. 14300 to ``[s]treamline the public hearings process.''
After fixed deadlines are established, the NRC would not assess 10 CFR
part 170 fees beyond the fixed deadline, even if the fixed fee cap has
not been reached, consistent with section 5(a) of E.O. 14300, absent
applicant failure. Consistent with section 5(a) of E.O. 14300, any
exceedance of a fixed fee cap or fixed deadline not attributable to
applicant failure would not be borne by applicants or licensees as
either service fees or annual fees.
To implement fixed fee caps, the NRC proposes to establish Sec.
170.33, ``Executive Order 14300 fixed fee caps,'' and amend Sec.
170.3, ``Definitions,'' and Sec. 15.31, ``Disputed debts.'' The
proposed changes would include a table of fixed fee caps for categories
of requested activities of the Commission that involve the issuance of
a final safety evaluation (categorical caps); a process for lower
tailored caps based on the specific application for the requested
activity; a definition of applicant failure, which would be the sole
basis for increasing the fixed fee cap; and procedures for fee cap
disputes.
b. Tailored Caps
The proposed Sec. 170.33 would provide a process for the NRC to
set a tailored cap below the categorical cap based on the specific
application for the requested activity, to the maximum extent
practicable. Under the proposed Sec. 170.33, the E.O. 14300 fixed fee
cap would be the lesser of the categorical cap or the tailored cap. The
NRC would communicate the E.O. 14300 fixed fee cap in its written
communication on schedule and resources for the requested activity
provided to the applicant.
The NRC recognizes that it may not be able to determine if it could
set a fixed fee cap lower than the categorical cap until it receives a
specific application because the resources needed for the NRC to review
and issue a final decision on a requested activity depend, in part, on
the specific application submitted, as the complexity, completeness,
and quality of an application can vary. Allowing for tailored caps
would encourage applicants to engage early with the NRC and submit a
complete, high-quality application. Tailored caps would reflect the
content and complexity of the specific application and would be
provided to applicants as part of the NRC's established practice of
communicating schedule and resource estimates. Consistent with E.O.
14300, section 5(a), the proposed Sec. 170.33 would augment this
established practice by directing the inclusion of a fixed fee cap in
the written communication on schedule and resources and providing for a
lower tailored cap to the maximum extent practicable, enhancing NRC
accountability and efficiency.
To ensure proper management and control, the NRC would continue to
closely monitor project resources, schedules, and early indicators to
enable it to identify potential risks of exceeding estimates well in
advance.
c. Starting and Ending Points for Fixed Fee Caps
Section 5(a) of E.O. 14300 specifies that the fixed deadlines
enforced by the fixed fee caps ``commenc[e] with the first required
step in the regulatory process'' and end with the ``final decision on
an application.'' Consistent with E.O. 14300, the starting point for
the fixed fee cap is when a complete application for the requested
activity has been accepted for review by the NRC. For a license
application, for example, that would be when the NRC has completed its
acceptance review and dockets the complete application. The ending
point for the fixed fee cap is issuance of the final decision (i.e.,
the NRC's approval of the requested activity if the NRC's evaluation
determines that pertinent requirements are met). For a license
application, for example, that would be when the NRC issues the license
if the NRC's evaluation determines that pertinent requirements are met.
Consistent with longstanding policy, 10 CFR part 170 fees are assessed
for mandatory hearings, but not contested hearings, except for limited
circumstances. The application of fee policy changes associated with
E.O. 14300 does not change this policy.
d. Applicant Failure
Section 5(a) of E.O. 14300 directs that the ``regulations should
not provide for tolling [the fixed] deadlines [enforced by the fixed
fee caps] except in instances of applicant failure.'' Consistent with
this requirement, the proposed Sec. 170.33 would state that fixed fee
caps would not be increased except in instances of applicant failure.
If applicant failure occurs, the NRC would notify the applicant in
writing of the new fixed fee cap and would set the new fixed fee cap
equal to the lowest practicable amount necessary to account for the
applicant failure.
In addition, the NRC proposes to add a definition for the term
``applicant failure'' to Sec. 170.3. Given the focus on ``applicant
failure'' and a ``reasonably diligent applicant'' in section 5(a) of
E.O. 14300, the proposed definition would define applicant failure as
actions or inaction that:
(1) are within the reasonable control of a diligent applicant;
(2) are not due to actions or inaction of the NRC; and
(3) will cause substantial delays or require a significant increase
in resources.
The proposed definition would include, as an example of applicant
failure, explicit applicant requests for the NRC to pause or delay
review. The NRC plans to develop guidance in the future to provide
further examples of applicant failure and support consistent
application of the proposed definition of applicant failure.
e. Fee Cap Disputes
The proposed Sec. 170.33(f) and proposed amendments to Sec. 15.31
would clarify how applicants may submit disputes associated with the
fixed fee cap by making clear that fee cap disputes must be submitted
in accordance with the NRC's established processes for disputes of 10
CFR part 170 fees. The NRC established these processes in the FY 2021
final fee rule (86 FR 32146; June 16, 2021), in accordance with NEIMA
section 102(d)(3), including creation of the NRC Form 529 for disputes
of 10 CFR part 170 fees.
Consistent with the NRC's established dispute processes, and with
Sec. 170.51, ``Right to dispute assessed fees,'' the proposed Sec.
170.33(f) would state the following: ``Consistent with Sec. 170.51 of
this part, any disputes associated with the Executive Order 14300 fixed
fee cap must be submitted in accordance with Sec. 15.31 of this
chapter.'' The proposed revisions to Sec. 15.31(a) would specify that
(1) for disputes associated with the E.O. 14300 fixed fee cap, the
applicant must submit an NRC Form 529 within 45 days of the NRC written
communication pertaining to the cap; and (2) the form must be submitted
to the Office of the Chief Financial Officer, consistent with existing
regulatory requirements governing submission of fee disputes.
f. Proposed Effective Date of October 1, 2026
The NRC's current billing system, Financial Accounting and
Integrated Management Information System, does not possess the
capabilities required to support fixed fee caps. The NRC is currently
in the process of implementing a new fee billing engine, which is
expected to be operational on October 1, 2026, and will have the
capabilities to track and administer the fixed fee caps. To avoid
duplicative
[[Page 12100]]
system enhancements, the NRC is proposing an effective date of October
1, 2026, for the fixed fee caps. The categorical caps would not take
effect before that date.
For requested activities for which a complete application has been
accepted for review on or after that date, the E.O. 14300 fixed fee cap
would be the lesser of the categorical cap or the tailored cap.
Applications accepted for review before that date would receive a
tailored cap representing the lowest practicable amount based on the
specific application.
Because the proposed effective date would mean that the fixed fee
caps would take effect before other rulemakings implementing E.O.
14300, the NRC anticipates issuing updated categorical caps to align
with additional efficiencies realized as a result of the E.O. 14300
rulemakings. The NRC would also evaluate categorical caps biennially,
consistent with the Chief Financial Officers Act of 1990. Updated
categorical caps would apply only to applications accepted for review
after the effective date for the updated categorical cap.
g. Methodology for Categories of Requested Activities
The NRC developed the categories of requested activities for table
1 in the proposed Sec. 170.33 by aligning them with the requested
activities with established NEIMA milestone schedules and creating
separate categories and subcategories where significant variations
could support development of significantly different categorical caps.
For example, table 1 includes separate rows for construction permits,
early site permits, and limited work authorizations because the data
supported development of significantly different categorical caps for
these categories of requested activities. As an example of new
subcategories, table 1 has separate rows for two subcategories for
standard design approvals because significantly different categorical
caps would apply for an application referencing an approved design
certification or standard design approval, in comparison to an
application with no prior approvals. Table 1 would be updated to
reflect any new requested activities that involve the issuance of a
final safety evaluation, including any resulting from the 10 CFR part
53 rulemaking or other future rulemakings.
h. Methodology for Categorical Caps
Table 1 in the proposed Sec. 170.33 includes two sets of
categorical caps: (1) Fixed Caps on Service Fees; and (2) Fixed Caps on
Service Fees for Advanced Nuclear Reactor Applicants. The Fixed Caps on
Service Fees are based on staff hours multiplied by the professional
hourly rate, plus contract costs. The Fixed Caps on Service Fees for
Advanced Nuclear Reactor Applicants are based on the Reduced Hourly
Rate established by the ADVANCE Act and apply only to qualifying
applications and not to amendments and renewals due to the definition
of advanced nuclear reactor applicant included in the ADVANCE Act's
Reduced Hourly Rate provisions and the legislative history.
The categorical caps proposed in table 1 reflect a data-driven
evaluation of future resource needs for requested activities, based on
a detailed analysis of actual past performance, current execution
experience, and expected improvements. These caps are based on
historical, inflation-adjusted data for the range of activities
included in each category; removal of outliers in the historical data
(e.g., a review that did not involve a reasonably diligent applicant
consistent with the focus of E.O. 14300, section 5(a)); efficiencies
achieved to date; additional efficiencies from E.O. 14300 and the
ADVANCE Act not requiring rulemaking; alignment with the updated NEIMA
milestone schedules that took effect on May 23, 2025; and current
execution experience. For categories with limited historical data, the
categorical caps were developed using recent comparable data, such as
execution data from recent activities or estimated resources data from
recent applications accepted for review.
In terms of expected improvements, the proposed categorical caps
reflect efficiencies that the NRC expects to realize from
implementation of the ADVANCE Act, particularly those in response to
section 505, and E.O. 14300 that do not require rulemaking. Some
examples of these efficiencies are associated with streamlined
licensing processes (such as the use of dedicated core review teams),
improved regulatory guidance, and greater standardization in
application content and review procedures. Future updates to the
categorical caps would reflect additional efficiencies that are
realized as a result of implementation of E.O. 14300 and the ADVANCE
Act--both from E.O. 14300 rulemakings and other actions taken by the
NRC.
FY 2026--Administrative Changes
The NRC is proposing three administrative changes in FY 2026:
1. Amend Sec. 171.15(d)(1) to clarify the frequency with which the
SMR variable rate will be calculated and updated, as appropriate.
The NRC proposes to amend Sec. 171.15(d)(1) by adding ``Each
fiscal year, the variable rate will be calculated based on October 1 of
the fiscal year and updated, as appropriate, to determine the variable
fee for the current fiscal year.'' Currently, Sec. 171.15(d)(1) does
not include language about the frequency with which the SMR variable
rate will be calculated for potential updates. Since Sec. 171.15(d)(1)
applies to all SMR annual fees, this proposed amendment would provide
additional clarity to all licensees paying SMR annual fees for their
annual fee payments under 10 CFR part 171.
2. Amend Sec. 170.11(d) to update where a fee exemption request
submitted via email should be sent.
The NRC proposes to amend paragraph (d) of Sec. 170.11,
``Exemptions,'' by adding a generic resource email box to ensure that
the processing of fee exemption requests submitted via email would not
be delayed in the event of a change of the Chief Financial Officer
(CFO). Currently, a person, including a licensee or applicant, can
submit a fee exemption request via email to the CFO, and if that
individual is no longer working at the NRC, there can be a short-term
delay in processing the fee exemption request. With this proposed
change, the NRC can ensure that a person interested in requesting a fee
exemption via email would not have to identify the current CFO and
would be able to submit their fee exemption request directly to the
generic resource email box. The NRC proposes to amend Sec. 170.11(d)
to add a new sentence clarifying that fee exemption requests submitted
via email should be submitted to the NRC at
[email protected]. This proposed amendment would
eliminate the possibility that the processing of fee exemption requests
via email would be delayed.
3. Add Sec. 171.11(f) to include where a fee exemption request
submitted via email should be sent to be consistent with proposed fee
exemption requirements in Sec. 170.11.
The NRC proposes adding a new paragraph (f) to Sec. 171.11,
``Exemptions,'' to include a generic resource email box and ensure that
the processing of fee exemption requests via email would not be delayed
if there is a change in the CFO. Currently, Sec. 171.11 does not
specify how fee exemption requests must be submitted. If the proposed
new language is added to Sec. 171.11, the fee exemption regulations in
both Sec. 171.11 and Sec. 170.11 would be consistent and
[[Page 12101]]
clarify how a person should submit a fee exemption request via email.
With this proposed change, the NRC can ensure that a person interested
in requesting a fee exemption via email would not have to identify the
current CFO and would be able to submit their fee exemption request
directly to the generic resource email box. This proposed amendment
would eliminate the possibility that the processing of fee exemption
requests via email would be delayed.
IV. Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),\4\ the NRC has prepared a regulatory flexibility analysis
related to this proposed rule. The regulatory flexibility analysis is
available as indicated in the ``Availability of Documents'' section of
this document.
---------------------------------------------------------------------------
\4\ 5 U.S.C. 603. The RFA, 5 U.S.C. 601-612, has been amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
Public Law 104-121, Title II, 110 Stat. 847 (1996).
---------------------------------------------------------------------------
V. Regulatory Analysis
Under NEIMA, the NRC is required to recover, to the maximum extent
practicable, approximately 100 percent of its annual budget for FY 2026
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 the 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 10 CFR 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 10 CFR part 171 annual fees to recover the remaining amount
necessary to comply with NEIMA.\5\
---------------------------------------------------------------------------
\5\ 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, 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, 2001 (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 proposed
rule, the NRC has made adjustments to recover its annual budget
authority consistent with the statutory fee recovery requirement. For
this proposed 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 sources).
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 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 2026.\6\ 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.
---------------------------------------------------------------------------
\6\ The NRC selected FY 2026 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 2026 budget
authority, minus the budget authority for excluded activities, by
September 30, 2026 (the end of FY 2026).
---------------------------------------------------------------------------
OMB Circular A-4 directs agencies to report transfer payments from
and to government agencies separately.\7\ 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 as part of the uranium recovery fee class.
Additionally, the NRC assesses an annual fee to DOE based on the number
of 10 CFR part 71 CoCs held by DOE as part of the transportation fee
class. The NRC also assesses fees to DOE as part of the spent fuel
storage/reactor decommissioning fee class; these costs were
inadvertently not included in the Regulatory Analysis in tables XX and
XXI in the FY 2025 final fee rule but have been added to tables XX and
XXI in the Regulatory Analysis in the FY 2026 proposed fee rule. 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.
---------------------------------------------------------------------------
\7\ 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 2025 Final FY 2026
rule Proposed rule
------------------------------------------------------------------------
DOE (Uranium Recovery).................. $0.361 $0.423
[[Page 12102]]
DOE (Transportation).................... 2.576 2.580
DOE (Spent Fuel Storage/Reactor 1.238 0.704
Decommissioning).......................
NIST (Fuel Facilities).................. 0.134 0.111
NIST (Non-Power Production or 0.187 0.198
Utilization Facilities)................
Other Agencies (Materials Users)........ 1.473 4.430
-------------------------------
Total............................... 5.969 8.446
------------------------------------------------------------------------
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 $804.1 million in the
FY 2025 final fee rule. This amount has been corrected to $802.8
million in table XXI, ``Fee Totals,'' of this document by adding the
missing $1.2 million in fees assessed to DOE as part of the spent fuel
storage/reactor decommissioning fee class in the Regulatory Analysis to
tables XX and XXI. 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 is $811.3
million in the FY 2026 proposed fee rule, resulting in a proposed
difference of $8.4 million in FY 2026 compared to FY 2025. Table XXI
shows this calculation.
Table XXI--Fee Totals
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 Final FY 2026
rule Proposed rule
------------------------------------------------------------------------
Adjusted amount to be recovered through $808.8 $819.7
10 CFR parts 170 and 171 fees..........
Less government agency fees (see table -6.0 -8.4
XX)....................................
-------------------------------
Total............................... 802.8 811.3
------------------------------------------------------------------------
As indicated, both the amount of fees assessed to federal
government agencies in FY 2026 ($8.4 million) as well as the fees
assessed to non-government licensees and applicants in FY 2026 ($811.3
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 proposed rule constitute the resources
for licensees to read the annual rule and resultant changes to their
internal processes for payment. The NRC expects that this proposed rule
would affect 2,458 licensees, each spending 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 annual rule.\8\ The proposed rule results in a
net cost to licensees of approximately $730,000, undiscounted.\9\ In
addition, the Office of Information and Regulatory Affairs (OIRA)
requires agencies to report results as a perpetual stream once a rule
is implemented, which in this case reflects annualized cost of about
$47,757, at a 7 percent discount rate.
---------------------------------------------------------------------------
\8\ 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.
\9\ For FY 2025, the rule affected 3,072 licensees under the
same assumptions. Due to a calculation error, the correct cost
should have been $906,000 (3,072 times 2 hours times $148), not
$453,000 as reported in the Regulatory Analysis included in the FY
2025 final fee rule.
---------------------------------------------------------------------------
Additionally, this proposed rule proposes to establish fixed caps
on service fees for requested activities of the Commission that involve
the issuance of a final safety evaluation, consistent with NEIMA and
E.O. 14300. The NRC will address the E.O. 14300 requirement to
establish fixed deadlines for final decisions in a separate rulemaking.
After fixed deadlines are established, the NRC would not assess 10 CFR
part 170 fees beyond the fixed deadline, even if the fixed fee cap has
not been reached, absent applicant failure.
To implement fixed caps, the NRC proposes to establish Sec.
170.33, ``Executive Order 14300 fixed fee caps,'' and amend Sec.
170.3, ``Definitions,'' and Sec. 15.31, ``Disputed debts.'' The
proposed changes would include a table of categorical caps for
requested activities of the Commission that involve the issuance of a
final safety evaluation; a process for lower tailored caps based on the
specific application; a definition of applicant failure, which would be
the sole basis for increasing the fixed fee cap; and procedures for fee
cap disputes.
The NRC does not expect that the proposed 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
fixed caps on service fees may induce current licensees to submit
further licensing actions, or may increase the rate of market entry of
new licensees as applicants.
[[Page 12103]]
VI. Backfitting and Issue Finality
The NRC has determined that the backfit and issue finality
provisions, Sec. Sec. 50.109, ``Backfitting''; 52.39, ``Finality of
early site permit determinations''; 52.63, ``Finality of standard
design certifications''; 52.83, ``Finality of referenced NRC approvals;
partial initial decision on site suitability''; 52.98, ``Finality of
combined licenses; information requests''; 52.145, ``Finality of
standard design approvals; information requests''; 52.171, ``Finality
of manufacturing licenses; information requests''; and 70.76,
``Backfitting,'' do not apply to this proposed rule and that a backfit
analysis is not required because these amendments do not require the
modification of, or addition to, (1) systems, structures, components,
or the design of a facility; (2) the design approval or manufacturing
license for a facility; or (3) the procedures or organization required
to design, construct, or operate a facility.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC 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). The NRC requests comment on this document with respect to the
clarity and effectiveness of the language used.
VIII. National Environmental Policy Act
The NRC has determined that this proposed rule is the type of
action described in Sec. 51.22(c)(1). Therefore, neither an
environmental impact statement nor environmental assessment has been
prepared for this proposed rule.
IX. Paperwork Reduction Act
This proposed rule does not contain any new or amended collections
of information subject to the Paperwork Reduction Act of 1995 (44
U.S.C. 3501, et seq.). Existing collections of information were
approved by 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.
X. Executive Orders
The following are Executive orders that are related to this
proposed rule:
A. Executive Order 12866: Regulatory Planning and Review (as Amended by
Executive Order 14215, Ensuring Accountability for All Agencies)
The OIRA has determined that this proposed rule is a significant
regulatory action under section 3(f) of E.O. 12866. Accordingly, the
NRC submitted this proposed rule to OIRA for review. The 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 V, of this
document, ``Regulatory Analysis.''
B. Executive Order 14154: Unleashing American Energy
The NRC has examined this proposed rule and has determined that it
is consistent with the policies and directives outlined in E.O. 14154.
C. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is a regulatory action as defined by E.O. 14192. This
regulatory action generates $47,757 in annualized costs at a 7 percent
discount rate, over a perpetual time horizon. Details on the estimated
costs of this proposed rule can be found in Section V, of this
document, ``Regulatory Analysis.''
XI. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995,
Public Law 104-113, requires that Federal agencies use technical
standards that are developed or adopted by voluntary consensus
standards bodies unless the use of such a standard is inconsistent with
applicable law or otherwise impractical. In this proposed rule, the NRC
proposes to amend the licensing, inspection, and annual fees charged to
its licensees and applicants, as necessary, to recover, to the maximum
extent practicable, approximately 100 percent of its annual budget for
FY 2026 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.
XII. Availability of Guidance
The Small Business Regulatory Enforcement Fairness Act requires all
Federal agencies to prepare a written compliance guide for each rule
for which the agency is required by 5 U.S.C. 604 to prepare a
regulatory flexibility analysis. The NRC, in compliance with the law,
prepared the ``Small Entity Compliance Guide'' for the FY 2025 fee
rule. The compliance guide was developed when the NRC completed the
small entity biennial review for FY 2025. The NRC plans to continue to
use this compliance guide for FY 2026 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.
XIII. Public Meeting
The NRC will conduct a public meeting to describe the FY 2026
proposed rule and answer questions from the public on the proposed
rule. The NRC will publish a notice of the location, time, and agenda
of the meeting on the NRC's public meeting website within 10 calendar
days of the meeting. Stakeholders should monitor the NRC's public
meeting website for information about the public meeting at: https://www.nrc.gov/public-involve/public-meetings/index.cfm.
XIV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
Adams accession No./FR
Documents citation/web link
------------------------------------------------------------------------
NUREG-1100, Volume 41, ``Congressional Budget ML25162A035.
Justification: Fiscal Year 2026'' (June 2025).
Final rule, ``Fee Schedules; Fee Recovery for 90 FR 26730.
Fiscal Year 2025,'' dated June 24, 2025.
FY 2025 Final Fee Rule Work Papers.............. ML25129A153.
Fiscal Year 2026 Proposed Rule Work Papers...... ML26021A012.
OMB Circular A-25, ``User Charges''............. https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-025.pdf.
SECY-05-0164, ``Annual Fee Calculation Method,'' ML052580332.
dated September 15, 2005.
Final rule, ``Revision of Fee Schedules; Fee 80 FR 37432.
Recovery for Fiscal Year 2015,'' dated June 30,
2015.
[[Page 12104]]
Final rule, ``Variable Annual Fee Structure for 81 FR 32617.
Small Modular Reactors,'' dated May 24, 2016.
Final Rule, ``Revision of Fee Schedules; Fee 84 FR 22331.
Recovery for Fiscal Year 2019,'' dated May 17,
2019.
Final rule, ``Revision of Fee Schedules; Fee 86 FR 32146.
Recovery for Fiscal Year 2021,'' dated June 16,
2021.
Final rule, ``Revision of Fee Schedules; Fee 88 FR 39120.
Recovery for Fiscal Year 2023,'' dated June 15,
2023.
Final rule, ``Revision of Fee Schedules; 100% 64 FR 31448.
Fee Recovery, FY 1999,'' dated June 10, 1999.
Final rule, ``Revision of Fee Schedules; Fee 67 FR 42612.
Recovery for FY 2002,'' dated June 24, 2002.
Final rule, ``Revision of Fee Schedules; Fee 71 FR 30722.
Recovery for FY 2006,'' dated May 30, 2006.
Final rule, ``Fee Schedules; Fee Recovery for 89 FR 51789.
Fiscal Year 2024,'' dated June 20, 2024.
Fiscal Year 2026 Regulatory Flexibility Analysis ML25363A090.
Fiscal Year 2026 U.S. Nuclear Regulatory ML25363A091.
Commission Small Entity Compliance Guide.
Executive Order 12866, ``Regulatory Planning and 58 FR 51735.
Review,'' October 4, 1993.
Executive Order 14154, ``Unleashing American 90 FR 8353.
Energy,'' January 29, 2025.
Executive Order 14192, ``Unleashing Prosperity 90 FR 9065.
Through Deregulation,'' February 6, 2025.
Executive Order 14300, ``Ordering the Reform of 90 FR 22587.
the Nuclear Regulatory Commission,'' May 29,
2025.
Presidential Memorandum, ``Plain Language in 63 FR 31885.
Government Writing,'' dated June 10, 1998.
------------------------------------------------------------------------
List of Subjects
10 CFR Part 15
Administrative practice and procedure, Claims, Debt collection.
10 CFR Part 170
Byproduct material, Import and export licenses, Intergovernmental
relations, Non-payment penalties, Nuclear energy, Nuclear materials,
Nuclear power plants and reactors, Source material, Special nuclear
material.
10 CFR Part 171
Annual charges, Approvals, Byproduct material, Holders of
certificates, Intergovernmental relations, Non-payment penalties,
Nuclear materials, Nuclear power plants and reactors, Registrations,
Source material, Special nuclear material.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; 42 U.S.C. 2215; 31 U.S.C. 9701; and 5 U.S.C.
552 and 553, the NRC is proposing the following amendments to 10 CFR
parts 15, 170, and 171:
PART 15--DEBT COLLECTION PROCEDURES
0
1. The authority citation for part 15 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 161, 186 (42 U.S.C.
2201, 2236); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C.
5841); 5 U.S.C. 5514; 26 U.S.C. 6402; 31 U.S.C. 3701, 3713, 3716,
3719, 3720A; 42 U.S.C. 664; 44 U.S.C. 3504 note; 31 CFR parts 900
through 904; 31 CFR part 285; E.O. 12146, 44 FR 42657, 3 CFR, 1979
Comp., p. 409; E.O. 12988, 61 FR 4729, 3 CFR, 1996 Comp., p. 157.
0
2. In Sec. 15.31, revise paragraph (a) to read as follows:
Sec. 15.31 Disputed debts.
(a) Submitting a dispute.
(1) For any type of charges assessed by the NRC, a debtor may
submit a dispute of debt within 45 days from the date of the initial
demand letter. The debtor shall explain why the debt is incorrect in
fact or in law and may support the explanation by affidavit, cancelled
checks, or other relevant evidence. The dispute must be submitted to
the Office of the Chief Financial Officer via the eBilling system, by
email to [email protected], or by mail to the Office
of the Chief Financial Officer at: U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attn: Chief Financial Officer. For debt
disputes related to charges for 10 CFR part 170 fees, the debtor must
complete and submit an NRC Form 529 with the required information.
(2) For disputes associated with the Executive Order 14300 fixed
fee cap, the debtor must complete and submit an NRC Form 529 with the
required information within 45 days of the NRC written communication
pertaining to the cap. The NRC Form 529 must be submitted to the Office
of the Chief Financial Officer via the eBilling system, by email to
[email protected], or by mail to the Office of the
Chief Financial Officer at: U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attn: Chief Financial Officer.
* * * * *
PART 170--FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT
LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT
OF 1954, AS AMENDED
0
3. 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
4. In Sec. 170.3, add the definition for Applicant failure in
alphabetical order.
Sec. 170.3 Definitions.
* * * * *
Applicant failure means actions or inaction that--
(1) are within the reasonable control of a diligent applicant;
(2) are not due to actions or inaction of the Commission; and
(3) will cause substantial delays or require a significant increase
in resources, including explicit requests by the applicant to the
Commission to pause or delay review.
* * * * *
0
5. In Sec. 170.11, revise paragraph (d) to read as follows:
Sec. 170.11 Exemptions.
* * * * *
(d) All fee exemption requests must be submitted in writing to the
Chief Financial Officer in accordance with Sec. 170.5, and the Chief
Financial Officer will grant or deny such requests in writing. Fee
exemption requests submitted via email should be submitted to the NRC
at [email protected].
* * * * *
0
6. Revise and republish Sec. 170.20 to read as follows:
[[Page 12105]]
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 $336 per hour.
(b) For advanced nuclear reactor applicants:
(1) 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 $154 per hour.
(c) For advanced nuclear reactor pre-applicants:
(1) 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 $154 per hour.
(3) Paragraph (c) of this section shall cease to be effective on
September 30, 2030.
0
7. 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.
* * * * *
\2\ Full cost fees will be determined based on the professional
staff time and appropriate contractual support services expended.
For applications currently on file and for which fees are determined
based on the full cost expended for the review, the professional
staff hours expended for the review of the application up to the
effective date of the final rule will be determined at the
professional hourly rate in effect when the service was provided.
Effective October 1, 2025, the ``full cost fees'' described in the
table for advanced nuclear reactor applicants and advanced nuclear
reactor pre-applicants will be assessed consistent with Sec.
170.20(b) and (c).
* * * * *
0
8. 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 (High Full Cost
Enriched Uranium).\6\ [Program Code(s): 21213].
(b) Low Enriched Uranium in Dispersible Form Full Cost
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.\6\ Full Cost
[Program Code(s): 21240, 21310, 21320].........
(b) Gas centrifuge enrichment demonstration Full Cost
facilities.\6\ [Program Code(s): 21205]........
(c) Others, including hot cell facilities.\6\ Full Cost
[Program Code(s): 21130, 21131, 21133].........
B. Licenses for receipt and storage of spent fuel Full Cost
and reactor-related Greater than Class C (GTCC)
waste at an independent spent fuel storage
installation (ISFSI).\6\ [Program Code(s): 23200]..
C. Licenses for possession and use of special $1,500
nuclear material of less than a critical mass, as
defined in Sec. 70.4 of this chapter, in sealed
sources contained in devices used in industrial
measuring systems, including x-ray fluorescence
analyzers.\4\ Application [Program Code(s): 22140].
D. All other special nuclear material licenses, $3,100
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 construction and Full Cost
operation of a uranium enrichment facility.\6\
[Program Code(s): 21200]...........................
F. Licenses for possession and use of special Full Cost
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 source Full Cost
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.\6\ Full Cost
[Program Code(s): 11500]...................
(c) Expanded In Situ Recovery facilities.\6\ Full Cost
[Program Code(s): 11510]...................
(d) In Situ Recovery Resin facilities.\6\ Full Cost
[Program Code(s): 11550]...................
(e) Resin Toll Milling facilities.\6\ Full Cost
[Program Code(s): 11555]...................
(f) Other facilities.\6\ [Program Code(s): Full Cost
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 possession, use, and/ $1,500
or installation of source material for
shielding.\7\ \8\ Application [Program Code(s):
11210].............................................
C. Licenses to distribute items containing source $7,200
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 to persons $3,300
generally licensed under part 40 of this chapter.
Application [Program Code(s): 11230, 11231]........
[[Page 12106]]
E. Licenses for possession and use of source $3,200
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. Application $3,200
[Program Code(s): 11200, 11220, 11221, 11300,
11800, 11810, 11820]...............................
3. Byproduct material: \11\
A. Licenses of broad scope for the possession and $15,700
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 possession $20,900
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 possession $26,100
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 of $4,300
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 use of $5,800
byproduct material issued under part 30 of this
chapter for processing or manufacturing of
items containing byproduct material for
commercial distribution. Number of locations of
use: 6-20. Application [Program Code(s): 04110,
04112, 04114, 04116]...........................
(2). Other licenses for possession and use of $7,200
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. 32.72 and/or $6,300
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. 32.72 $8,400
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. 32.72 $10,400
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 byproduct $3,900
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 than or $7,900
equal to 10,000 curies of byproduct material in
sealed sources for irradiation of materials in
which the source is exposed for irradiation
purposes. This category also includes underwater
irradiators for irradiation of materials where the
source is not exposed for irradiation purposes.
Application [Program Code(s): 03511]...............
G. Licenses for possession and use of greater than $74,900
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 32 of $8,000
this chapter to distribute items containing
byproduct material that require device review to
persons exempt from the licensing requirements of
part 30 of this chapter. 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 32 of $12,400
this chapter to distribute items containing
byproduct material or quantities of byproduct
material that do not require device evaluation to
persons exempt from the licensing requirements of
part 30 of this chapter. 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 32 of $2,400
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 32 of $1,400
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 and use of $6,600
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 12107]]
(1) Licenses of broad scope for possession and $8,800
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 possession and $11,000
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 of $10,000
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 $10,700
licensees, except: (1) Licenses that authorize only
calibration and/or leak testing services are
subject to the fees specified in fee category 3.P.;
and (2) Licenses that authorize waste disposal
services are subject to the fees specified in fee
categories 4.A., 4.B., and 4.C.\13\ Application
[Program Code(s): 03219, 03225, 03226].............
O. Licenses for possession and use of byproduct $12,200
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 of $16,200
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 of $20,300
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 licenses, $8,200
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 material $11,100
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 material $13,800
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 licensed $900
under part 31 of this chapter. Registration........
R. Possession of items or products containing radium-
226 identified in Sec. 31.12 of this chapter
which exceed the number of items or limits
specified in that section.\5\
1. Possession of quantities exceeding the number $3,100
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 10 times $3,000
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-produced $17,200
radionuclides. Application [Program Code(s): 03210]
4. Waste disposal and processing: \11\
A. Licenses specifically authorizing the receipt of Full Cost
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 receipt of $8,400
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 receipt of $6,000
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. Application [Program
Code(s): 03232]....................................
5. Well logging: \11\
A. Licenses for possession and use of byproduct $5,500
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 byproduct Full Cost
material for field flooding tracer studies.
Licensing [Program Code(s): 03113].................
6. Nuclear laundries: \11\
A. Licenses for commercial collection and laundry of $26,800
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, and 70 of $13,400
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, 35, 40, and $17,900
70 of this chapter for human use of byproduct
material, source material, or special nuclear
material in sealed sources contained in gamma
stereotactic radiosurgery units, teletherapy
devices, or similar beam therapy devices. This
category also includes the possession and use
of source material for shielding when
authorized on the same license. Number of
locations of use: 6-20. Application [Program
Code(s): 04510, 04512].........................
[[Page 12108]]
(2). Licenses issued under parts 30, 35, 40, and $22,300
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 medical $10,500
institutions or two or more physicians under parts
30, 33, 35, 40, and 70 of this chapter authorizing
research and development, including human use of
byproduct material, except licenses for byproduct
material, source material, or special nuclear
material in sealed sources contained in teletherapy
devices. This category also includes the possession
and use of source material for shielding when
authorized on the same license. Number of locations
of use: 1-5. Application [Program Code(s): 02110]..
(1). Licenses of broad scope issued to medical $13,900
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 medical $17,400
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. Number of
locations of use: more than 20. Application
[Program Code(s): 04711].......................
C. Other licenses issued under parts 30, 35, 40, and $10,400
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 30, 35, $15,300
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 30, 35, $19,100
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 byproduct $3,100
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 products $20,900
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 products $10,900
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 containing $6,400
byproduct material, source material, or special
nuclear material, except reactor fuel, for
commercial distribution. Application--each source..
D. Safety evaluation of sealed sources containing $1,300
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 plutonium Full Cost
air packages...................................
2. Other Casks.................................. Full Cost
B. Quality assurance program approvals issued under
part 71 of this chapter.
1. Users and Fabricators.
Application................................. $4,700
Inspections................................. Full Cost
2. Users.
Application................................. $4,700
Inspections................................. Full Cost
C. Evaluation of security plans, route approvals, Full Cost
route surveys, and transportation security devices
(including immobilization devices).................
11. Review of standardized spent fuel facilities........ Full Cost
12. Special projects: Including approvals, pre- Full Cost
application/licensing activities, and inspections.
Application [Program Code: 25110]......................
13. A. Spent fuel storage cask Certificate of Compliance Full Cost
B. Inspections related to storage of spent fuel Full Cost
under Sec. 72.210 of this chapter................
14. Decommissioning/Reclamation: \11\
[[Page 12109]]
A. Byproduct, source, or special nuclear material Full Cost
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 Full Cost
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 nuclear N/A
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 nuclear N/A
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 material, N/A
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 nuclear N/A
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 Category N/A
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 Category N/A
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 Category N/A
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-to- N/A
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 Category N/A
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 2 N/A
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 license, N/A
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 activities $3,800
under the reciprocity provisions of Sec. 150.20
of this chapter. Application.......................
17. MMLs of broad scope issued to Government agencies. Full Cost
Application [Program Code(s): 03614]...................
18. Department of Energy:
A. Certificates of Compliance. Evaluation of casks, Full Cost
packages, and shipping containers (including spent
fuel, high-level waste, and other casks, and
plutonium air packages)............................
[[Page 12110]]
B. Uranium Mill Tailings Radiation Control Act Full Cost
(UMTRCA) activities................................
------------------------------------------------------------------------
\1\ Types of fees--Separate charges, as shown in the schedule, will be
assessed for pre-application consultations and reviews; applications
for new licenses, approvals, or license terminations; possession-only
licenses; issuances of new licenses and approvals; certain amendments
and renewals to existing licenses and approvals; safety evaluations of
sealed sources and devices; generally licensed device registrations;
and certain inspections. The following guidelines apply to these
charges:
(1) Application and registration fees. Applications for new materials
licenses and export and import licenses; applications to reinstate
expired, terminated, or inactive licenses, except those subject to
fees assessed at full costs; applications filed by Agreement State
licensees to register under the general license provisions of 10 CFR
150.20; and applications for amendments to materials licenses that
would place the license in a higher fee category or add a new fee
category must be accompanied by the prescribed application fee for
each category.
(i) Applications for licenses covering more than one fee category of
special nuclear material or source material must be accompanied by the
prescribed application fee for the highest fee category.
(ii) Applications for new licenses that cover both byproduct material
and special nuclear material in sealed sources for use in gauging
devices will pay the appropriate application fee for fee category 1.C.
only.
(2) Licensing fees. Fees for reviews of applications for new licenses,
renewals, and amendments to existing licenses, pre-application
consultations and other documents submitted to the NRC for review, and
project manager time for fee categories subject to full cost fees are
due upon notification by the Commission in accordance with Sec.
170.12(b).
(3) Amendment fees. Applications for amendments to export and import
licenses must be accompanied by the prescribed amendment fee for each
license affected. An application for an amendment to an export or
import license or approval classified in more than one fee category
must be accompanied by the prescribed amendment fee for the category
affected by the amendment, unless the amendment is applicable to two
or more fee categories, in which case the amendment fee for the
highest fee category would apply.
(4) Inspection fees. Inspections resulting from investigations conducted
by the Office of Investigations and nonroutine inspections that result
from third-party allegations are not subject to fees. Inspection fees
are due upon notification by the Commission in accordance with Sec.
170.12(c).
(5) Generally licensed device registrations under 10 CFR 31.5.
Submittals of registration information must be accompanied by the
prescribed fee.
\2\ Fees will be charged for approvals issued under a specific exemption
provision of the Commission's regulations under title 10 of the Code
of Federal Regulations (e.g., 10 CFR 30.11, 40.14, 70.14, 73.5, and
any other sections in effect now or in the future), regardless of
whether the approval is in the form of a license amendment, letter of
approval, safety evaluation report, or other form. In addition to the
fee shown, an applicant may be assessed an additional fee for sealed
source and device evaluations as shown in fee categories 9.A. through
9.D.
\3\ Full cost fees will be determined based on the professional staff
time multiplied by the appropriate professional hourly rate
established in Sec. 170.20 in effect when the service is provided,
and the appropriate contractual support services expended.
\4\ Licensees paying fees under categories 1.A., 1.B., and 1.E. are not
subject to fees under categories 1.C., 1.D., and 1.F. for sealed
sources authorized in the same license, except for an application that
deals only with the sealed sources authorized by the license.
\5\ Persons who possess radium sources that are used for operational
purposes in another fee category are not also subject to the fees in
this category. (This exception does not apply if the radium sources
are possessed for storage only.)
\6\ Licensees subject to fees under fee categories 1.A., 1.B., 1.E., or
2.A. must pay the largest applicable fee and are not subject to
additional fees listed in this table.
\7\ Licensees paying fees under 3.C., 3.C.1, or 3.C.2 are not subject to
fees under 2.B. for possession and shielding authorized on the same
license.
\8\ Licensees paying fees under 7.C. are not subject to fees under 2.B.
for possession and shielding authorized on the same license.
\9\ Licensees paying fees under 3.N. are not subject to paying fees
under 3.P., 3.P.1, or 3.P.2 for calibration or leak testing services
authorized on the same license.
\10\ Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject
to paying fees under 7.C., 7.C.1, or 7.C.2. for broad scope licenses
issued under parts 30, 35, 40, and 70 of this chapter for human use of
byproduct material, source material, and/or special nuclear material,
except licenses for byproduct material, source material, or special
nuclear material in sealed sources contained in teletherapy devices
authorized on the same license.
\11\ A materials license (or part of a materials license) that
transitions to fee category 14.A is assessed full cost fees under 10
CFR part 170 but is not assessed an annual fee under 10 CFR part 171.
If only part of a materials license is transitioned to fee category
14.A, the licensee may be charged annual fees (and any applicable 10
CFR part 170 fees) for other activities authorized under the license
that are not in decommissioning status.
\12\ Because section 101 of the ADVANCE Act created an excluded activity
for international nuclear export and innovation activities, 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.
0
9. Add new Sec. 170.33 to read as follows:
Sec. 170.33 Executive Order 14300 fixed fee caps.
(a) Fees under Sec. Sec. 170.21 and 170.31 of this part will not
exceed the Executive Order 14300 fixed fee cap, except as provided in
paragraph (e) of this section. The activities for which the Executive
Order 14300 fixed fee cap applies are only requested activities of the
Commission that involve the issuance of a final safety evaluation,
consistent with the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2215 note) and Section 5(a) of Executive Order 14300.
(b) For requested activities for which a complete application has
been accepted for review by the Commission on or after October 1, 2026,
the Executive Order 14300 fixed fee cap is the lesser of:
(1) The amount associated with the requested activity in Table 1,
in effect when a complete application for the requested activity has
been accepted for review by the Commission; or
(2) An amount that is lower, to the maximum extent practicable,
than the amount in Table 1 and is determined by the Commission based on
the specific application for the requested activity.
(c) For requested activities for which a complete application has
been accepted for review by the Commission before October 1, 2026, the
Executive Order 14300 fixed fee cap is the lowest practicable amount
determined by the Commission based on the specific application for the
requested activity.
(d) The Commission will communicate the Executive Order 14300 fixed
fee cap in the NRC written communication on schedule and resources for
the requested activity.
(e) The Executive Order 14300 fixed fee cap will not be increased
except in instances of applicant failure. If applicant failure applies,
the Commission will provide a written communication informing the
applicant of the new Executive Order 14300 fixed
[[Page 12111]]
fee cap that applies to the requested activity. The new Executive Order
14300 fixed fee cap will be the lowest practicable amount determined by
the Commission to account for the applicant failure.
---------------------------------------------------------------------------
\10\ The fixed caps on service fees include professional staff
hours multiplied by the appropriate professional hourly rate
established in Sec. 170.20(a), and contractual support services.
\11\ The fixed caps on service fees for advanced nuclear reactor
applicants include professional staff hours multiplied by the
reduced hourly rate for advanced nuclear reactor applicants
established in Sec. 170.20(b), and contractual support services.
\12\ The term ``non-bundled,'' as used in this table, refers to
a license amendment request that includes a power uprate request and
requests NRC approval for changes with a scope similar to requests
approved by the Commission as of August 14, 2017.
\13\ The term ``bundled,'' as used in this table, refers to a
license amendment request that includes a power uprate request and
requests NRC approval for changes that exceed the scope of requests
approved by the Commission as of August 14, 2017, such as Maximum
Extended Load Line Limit Analysis Plus; cycle extensions; fuel
transitions, including accident tolerant fuel, and increased
enrichment and high burnup fuel; and new accident and source term
methodologies.
\14\ Consistent with the definition of requested activity of the
Commission in section 3 of the Nuclear Energy Innovation and
Modernization Act (42 U.S.C. 2215 note), this activity includes only
topical reports submitted by licensees or applicants (i.e., persons
or entities that either hold a current license or have a license
application under NRC review).
---------------------------------------------------------------------------
(f) Consistent with Sec. 170.51 of this part, any disputes
associated with the Executive Order 14300 fixed fee cap must be
submitted in accordance with Sec. 15.31 of this chapter.
Table 1 in 10 CFR 170.33--Fixed Caps on Service Fees
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Activity Type Fixed caps on Fixed caps on
service fees service fees for
\10\ (rounded) advanced nuclear
reactor
applicants \11\
(rounded)
----------------------------------------------------------------------------------------------------------------
Standard Design Approvals........ Standard Design Approval (SDA) with no $32,568,000 $16,552,000
prior approvals--Part 52
SDA referencing an approved Design 16,120,000 7,930,000
Certification (DC) or SDA--Part 52
----------------------------------------------------------------------------------------------------------------
Design Certifications (including DC with no prior approvals--Part 52 33,475,000 16,968,000
incorporation of approved design
into 10 CFR part 52).
DC referencing an approved DC or SDA-- 16,777,000 8,096,000
Part 52
----------------------------------------------------------------------------------------------------------------
Licenses......................... Combined License (COL) with no prior 30,060,000 14,590,000
approvals--Part 52
COL referencing only an approved DC-- 20,988,000 10,432,000
Part 52
COL referencing only an Early Site 24,012,000 11,818,000
Permit--Part 52
COL referencing an Early Site Permit and 14,940,000 7,660,000
an approved DC--Part 52
Operating License--Part 50 21,660,000 10,740,000
Manufacturing License--Part 52 32,568,000 16,552,000
Fuel Cycle Facilities--Parts 40 and 70 7,884,000 N/A
Uranium Recovery--Part 40 3,566,000 N/A
----------------------------------------------------------------------------------------------------------------
Construction Permits............. All Facilities--Part 50 18,288,000 10,007,000
----------------------------------------------------------------------------------------------------------------
Early Site Permits............... All Facilities--Part 52 8,048,000 4,772,000
----------------------------------------------------------------------------------------------------------------
Limited Work Authorizations...... All Facilities--Part 50 2,611,000 1,847,000
----------------------------------------------------------------------------------------------------------------
License Amendments (including Decommissioning--Parts 30, 40, 50, and 1,075,000 N/A
power uprates) and DC Amendments. 70
------------------------------------------
Uranium Recovery-- Expansions (e.g., 1,660,000 N/A
Part 40. new site). 464,000 N/A
All Others.........
------------------------------------------
Fuel Cycle Facilities--Parts 40 and 70 1,391,000 N/A
------------------------------------------
Operating--Parts 50 Adopting a 59,000 N/A
and 52. Technical
Specifications
Task Force (TSTF)
using the
Consolidated Line-
Item Improvement
Process.
All Other TSTFs.... 822,000 N/A
Measurement 411,000 N/A
Uncertainty
Recapture Uprate
(MUR) (non-
bundled) \12\.
Stretch Power 772,000 N/A
Uprate (SPU) (non-
bundled).
SPU bundled with 1,108,000 N/A
other related
changes \13\.
Extended Power 1,830,000 N/A
Uprate (EPU) (non-
bundled).
EPU bundled with 2,838,000 N/A
other related
changes.
Emergency and 184,000 N/A
Exigent.
All Others......... 2,180,000 N/A
------------------------------------------
Construction Permit--Part 50 705,000 N/A
Early Site Permit--Part 52 705,000 N/A
Design Certification--Part 52 9,042,000 N/A
COL (under construction)--Part 52 705,000 N/A
COL (construction not commenced)--Part 705,000 N/A
52
----------------------------------------------------------------------------------------------------------------
Restart Activities............... All Facilities--Part 50 3,102,000 N/A
----------------------------------------------------------------------------------------------------------------
License Renewals................. All Facilities--Parts 50, 52, and 54 5,404,000 N/A
Fuel Cycle Facilities--Parts 40 and 70 1,458,000 N/A
Uranium Recovery--Part 40 1,329,000 N/A
----------------------------------------------------------------------------------------------------------------
Certificates of Compliance (CoC). Transportation--Par New................ 634,000 N/A
t 71. Amendment.......... 528,000 N/A
Renewal............ 3,000 N/A
Storage--Part 72... New................ 740,000 N/A
Amendment or 898,000 N/A
Renewal.
----------------------------------------------------------------------------------------------------------------
Topical Reports \14\............. All Facilities--Parts 50 and 52 3,188,000 N/A
----------------------------------------------------------------------------------------------------------------
[[Page 12112]]
Table 1 in 10 CFR 170.33--Fixed Caps on Service Fees--Continued
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Activity Type Fixed caps on Fixed caps on
service fees service fees for
\10\ (rounded) advanced nuclear
reactor
applicants \11\
(rounded)
----------------------------------------------------------------------------------------------------------------
Independent Spent Fuel Storage Storage--Parts 50, New................ 6,868,000 N/A
Installation (ISFSI). 52, and 72. Amendment or 512,000 N/A
Renewal.
----------------------------------------------------------------------------------------------------------------
Exemptions....................... All Parts of 10 CFR 335,000 N/A
----------------------------------------------------------------------------------------------------------------
Code Reliefs..................... COL (under construction)--Part 52 769,000 N/A
All Other Facilities--Parts 50 and 52 402,000 N/A
----------------------------------------------------------------------------------------------------------------
License Transfers................ All Materials--Parts 30, 40, 70, and 72 168,000 N/A
All Facilities--Parts 50 and 52 335,000 N/A
----------------------------------------------------------------------------------------------------------------
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
10. 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
11. In Sec. 171.11, add new paragraph (f) to read as follows:
Sec. 171.11 Exemptions.
* * * * *
(f) All fee exemption requests must be submitted in writing to the
Chief Financial Officer in accordance with Sec. 171.9, and the Chief
Financial Officer will grant or deny such requests in writing. Fee
exemption requests submitted via email should be submitted to the NRC
at [email protected].
* * * * *
0
12. In Sec. 171.15, revise paragraphs (b)(1), (b)(2) introductory
text, (c)(1), (c)(2) introductory text, (d)(1), 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 2026 annual fee for each operating power reactor that
must be collected by September 30, 2026, is $5,553,000.
(2) The FY 2026 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 2026 base annual fee for
operating power reactors are as follows:
* * * * *
(c)(1) The FY 2026 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 $323,000.
(2) The FY 2026 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 2026 spent fuel storage/
reactor decommissioning rebaselined annual fee are:
* * * * *
(d)(1) Each person holding an operating license for an SMR issued
under 10 CFR part 50 or a combined license issued under 10 CFR part 52
that has provided notification to the NRC of the successful completion
of startup testing, shall pay the annual fee for all licenses held for
an SMR site. The annual fee will be determined using the cumulative
licensed thermal power rating of all SMR units and the bundled unit
concept, during the fiscal year in which the fee is due. Each fiscal
year, the variable rate will be calculated based on October 1 of the
fiscal year and updated, as appropriate, to determine the variable fee
for the current fiscal year. For a given site, the use of the bundled
unit concept is independent of the number of SMR plants, the number of
SMR licenses issued, or the sequencing of the SMR licenses that have
been issued.
* * * * *
(e) The FY 2026 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 $99,100.
0
13. In Sec. 171.16, revise paragraphs (b) introductory text, (c), and
(d) to read as follows:
Sec. 171.16 Annual fees: Materials licensees, holders of certificates
of compliance, holders of sealed source and device registrations,
holders of quality assurance program approvals, and government agencies
licensed by the NRC.
* * * * *
(b) The FY 2026 annual fee is comprised of a base annual fee and
associated additional charges. The base FY 2026 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:
[[Page 12113]]
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 2026 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 the 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 $5,869,000
Enriched Uranium).\15\ [Program Code(s):
21213].....................................
(b) Low Enriched Uranium in Dispersible Form 1,989,000
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\ 1,639,000
[Program Code(s): 21310, 21320]............
(b) Gas centrifuge enrichment demonstration \5\ N/A
facility.\15\ [Program Code(s): 21205].....
(c) Others, including hot cell facility.\15\ \5\ N/A
[Program Code(s): 21130, 21131, 21133].....
B. Licenses for receipt and storage of spent N/A
fuel 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 3,800
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, 9,200
except licenses authorizing special nuclear
material in sealed or unsealed form in
combination that would constitute a critical
mass, as defined in Sec. 70.4 of this
chapter, for which the licensee shall pay the
same fees as those under category 1.A. [Program
Code(s): 22110, 22111, 22120, 22131, 22136,
22150, 22151, 22161, 22170, 23100, 23300,
23310].........................................
E. Licenses or certificates for the operation of 2,558,000
a uranium enrichment facility.\15\ [Program
Code(s): 21200]................................
F. Licenses for possession and use of special 6,700
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 1,246,000
material for refining uranium mill concentrates
to uranium hexafluoride or for deconverting
uranium hexafluoride in the production of
uranium oxides for disposal.\15\ [Program Code:
11400].........................................
(2) Licenses for possession and use of source
material in recovery operations such as
milling, in situ recovery, heap-leaching, ore
buying stations, ion-exchange facilities and
in processing of ores containing source
material for extraction of metals other than
uranium or thorium, including licenses
authorizing the possession of byproduct waste
material (tailings) from source material
recovery operations, as well as licenses
authorizing the possession and maintenance of
a facility in a standby mode.................
(a) Conventional and Heap Leach \5\ N/A
facilities.\15\ [Program Code(s): 11100]...
(b) Basic In Situ Recovery facilities.\15\ 47,200
[Program Code(s): 11500]...................
(c) Expanded In Situ Recovery \5\ N/A
facilities.\15\ [Program Code(s): 11510]...
(d) In Situ Recovery Resin facilities.\15\ \5\ N/A
[Program Code(s): 11550]...................
(e) Resin Toll Milling facilities.\15\ \5\ N/A
[Program Code(s): 11555]...................
(f) Other facilities.\6\ \15\ [Program \5\ N/A
Code(s): 11700]............................
[[Page 12114]]
(3) Licenses that authorize the receipt of \5\ N/A
byproduct material, as defined in section
11e.(2) of the Atomic Energy Act, from other
persons for possession and disposal, except
those licenses subject to the fees in
category 2.A.(2) or category 2.A.(4).\15\
[Program Code(s): 11600, 12000]..............
(4) Licenses that authorize the receipt of \5\ N/A
byproduct material, as defined in section
11e.(2) of the Atomic Energy Act, from other
persons for possession and disposal
incidental to the disposal of the uranium
waste tailings generated by the licensee's
milling operations, except those licenses
subject to the fees in category 2.A.(2).\15\
[Program Code(s): 12010].....................
B. Licenses which authorize the possession, use, 4,400
and/or installation of source material for
shielding.\16\ \17\ [Program Code(s): 11210]...
C. Licenses to distribute items containing 16,000
source material to persons exempt from the
licensing requirements of part 40 of this
chapter. [Program Code: 11240].................
D. Licenses to distribute source material to 8,000
persons generally licensed under part 40 of
this chapter. [Program Code(s): 11230, 11231]..
E. Licenses for possession and use of source 10,300
material for processing or manufacturing of
products or materials containing source
material for commercial distribution. [Program
Code: 11710]...................................
F. All other source material licenses. [Program 12,800
Code(s): 11200, 11220, 11221, 11300, 11800,
11810, 11820]..................................
3. Byproduct material:
A. Licenses of broad scope for possession and 44,100
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. [Program Code(s): 03211,
03212, 03213]..................................
(1). Licenses of broad scope for the 58,600
possession and use of byproduct material
issued under parts 30 and 33 of this
chapter for processing or manufacturing of
items containing byproduct material for
commercial distribution. Number of
locations of use: 6-20. [Program Code(s):
04010, 04012, 04014].......................
(2). Licenses of broad scope for the 73,100
possession and use of byproduct material
issued under parts 30 and 33 of this
chapter for processing or manufacturing of
items containing byproduct material for
commercial distribution. Number of
locations of use: more than 20. [Program
Code(s): 04011, 04013, 04015]..............
B. Other licenses for possession and use of 15,000
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 20,000
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. [Program
Code(s): 04110, 04112, 04114, 04116].......
(2). Other licenses for possession and use 24,900
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.
[Program Code(s): 04111, 04113, 04115,
04117].....................................
C. Licenses issued under Sec. Sec. 32.72 and/ 14,900
or 32.74 of this chapter that authorize the
processing or manufacturing and distribution or
redistribution of radiopharmaceuticals,
generators, reagent kits, and/or sources and
devices containing byproduct material. This
category does not apply to licenses issued to
nonprofit educational institutions whose
processing or manufacturing is exempt under
Sec. 170.11(a)(4) of this chapter. Number of
locations of use: 1-5. [Program Code(s): 02500,
02511, 02513]..................................
(1). Licenses issued under Sec. Sec. 21,800
32.72 and/or 32.74 of this chapter that
authorize the processing or manufacturing
and distribution or redistribution of
radiopharmaceuticals, generators, reagent
kits, and/or sources and devices containing
byproduct material. This category does not
apply to licenses issued to nonprofit
educational institutions whose processing
or manufacturing is exempt under Sec.
170.11(a)(4). Number of locations of use: 6-
20. [Program Code(s): 04210, 04212, 04214].
(2). Licenses issued under Sec. Sec. 27,100
32.72 and/or 32.74 of this chapter that
authorize the processing or manufacturing
and distribution or redistribution of
radiopharmaceuticals, generators, reagent
kits, and/or sources and devices containing
byproduct material. This category does not
apply to licenses issued to nonprofit
educational institutions whose processing
or manufacturing is exempt under Sec.
170.11(a)(4). Number of locations of use:
more than 20. [Program Code(s): 04211,
04213, 04215]..............................
D. [Reserved]................................... \5\ N/A
E. Licenses for possession and use of byproduct 14,300
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 14,300
or equal to 10,000 curies of byproduct material
in sealed sources for irradiation of materials
in which the source is exposed for irradiation
purposes. This category also includes
underwater irradiators for irradiation of
materials in which the source is not exposed
for irradiation purposes. [Program Code(s):
03511].........................................
G. Licenses for possession and use of greater 119,200
than 10,000 curies of byproduct material in
sealed sources for irradiation of materials in
which the source is exposed for irradiation
purposes. This category also includes
underwater irradiators for irradiation of
materials in which the source is not exposed
for irradiation purposes. [Program Code(s):
03521].........................................
H. Licenses issued under subpart A of part 32 of 15,300
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]
[[Page 12115]]
I. Licenses issued under subpart A of part 32 of 20,900
this chapter to distribute items containing
byproduct material or quantities of byproduct
material that do not require device evaluation
to persons exempt from the licensing
requirements of part 30 of this chapter, except
for specific licenses authorizing
redistribution of items that have been
authorized for distribution to persons exempt
from the licensing requirements of part 30 of
this chapter. [Program Code(s): 03250, 03251,
03253, 03256]..................................
J. Licenses issued under subpart B of part 32 of 5,600
this chapter to distribute items containing
byproduct material that require sealed source
and/or device review to persons generally
licensed under part 31 of this chapter, except
specific licenses authorizing redistribution of
items that have been authorized for
distribution to persons generally licensed
under part 31 of this chapter. [Program
Code(s): 03240, 03241, 03243]..................
K. Licenses issued under subpart B of part 32 of 4,300
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 20,400
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: 1-5.
[Program Code(s): 01100, 01110, 01120, 03610,
03611, 03612, 03613]...........................
(1) Licenses of broad scope for possession 27,200
and use of byproduct material issued under
parts 30 and 33 of this chapter for
research and development that do not
authorize commercial distribution. Number
of locations of use: 6-20. [Program
Code(s): 04610, 04612, 04614, 04616, 04618,
04620, 04622]..............................
(2) Licenses of broad scope for possession 33,900
and use of byproduct material issued under
parts 30 and 33 of this chapter for
research and development that do not
authorize commercial distribution. Number
of locations of use: more than 20. [Program
Code(s): 04611, 04613, 04615, 04617, 04619,
04621, 04623]..............................
M. Other licenses for possession and use of 21,000
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 23,000
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 34,000
material issued under part 34 of this chapter
for industrial radiography operations. This
category also includes the possession and use
of source material for shielding authorized
under part 40 of this chapter when authorized
on the same license. Number of locations of
use: 1-5. [Program Code(s): 03310, 03320]......
(1). Licenses for possession and use of 45,300
byproduct material issued under part 34 of
this chapter for industrial radiography
operations. This category also includes the
possession and use of source material for
shielding authorized under part 40 of this
chapter when authorized on the same
license. Number of locations of use: 6-20.
[Program Code(s): 04310, 04312]............
(2). Licenses for possession and use of 56,600
byproduct material issued under part 34 of
this chapter for industrial radiography
operations. This category also includes the
possession and use of source material for
shielding authorized under part 40 of this
chapter when authorized on the same
license. Number of locations of use: more
than 20. [Program Code(s): 04311, 04313]...
P. All other specific byproduct material 16,600
licenses, except those in categories 4.A.
through 9.D.\18\ Number of locations of use: 1-
5. [Program Code(s): 02400, 02410, 03120,
03121, 03122, 03123, 03124, 03130, 03140,
03220, 03221, 03222, 03800, 03810, 22130]......
(1). All other specific byproduct material 22,400
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 27,900
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 \13\ N/A
under part 31 of this chapter..................
R. Possession of items or products containing
radium-226 identified in Sec. 31.12 of this
chapter which exceed the number of items or
limits specified in that section: \14\
(1). Possession of quantities exceeding the 9,800
number of items or limits in Sec.
31.12(a)(4) or (5) of this chapter but less
than or equal to 10 times the number of
items or limits specified. [Program
Code(s): 02700]............................
(2). Possession of quantities exceeding 10 10,200
times the number of items or limits
specified in Sec. 31.12(a)(4) or (5) of
this chapter. [Program Code(s): 02710].....
S. Licenses for production of accelerator- 40,800
produced radionuclides. [Program Code(s):
03210].........................................
4. Waste disposal and processing:
A. Licenses specifically authorizing the receipt 36,200
of waste byproduct material, source material,
or special nuclear material from other persons
for the purpose of contingency storage or
commercial land disposal by the licensee; or
licenses authorizing contingency storage of low-
level radioactive waste at the site of nuclear
power reactors; or licenses for receipt of
waste from other persons for incineration or
other treatment, packaging of resulting waste
and residues, and transfer of packages to
another person authorized to receive or dispose
of waste material. [Program Code(s): 03231,
03233, 03236, 06100, 06101]....................
B. Licenses specifically authorizing the receipt 23,800
of waste byproduct material, source material,
or special nuclear material from other persons
for the purpose of packaging or repackaging the
material. The licensee will dispose of the
material by transfer to another person
authorized to receive or dispose of the
material. [Program Code(s): 03234].............
[[Page 12116]]
C. Licenses specifically authorizing the receipt 13,900
of prepackaged waste byproduct material, source
material, or special nuclear material from
other persons. The licensee will dispose of the
material by transfer to another person
authorized to receive or dispose of the
material. [Program Code(s): 03232].............
5. Well logging:
A. Licenses for possession and use of byproduct 19,000
material, source material, and/or special
nuclear material for well logging, well
surveys, and tracer studies other than field
flooding tracer studies. [Program Code(s):
03110, 03111, 03112]...........................
B. Licenses for possession and use of byproduct \5\ N/A
material for field flooding tracer studies.
[Program Code(s): 03113].......................
6. Nuclear laundries:
A. Licenses for commercial collection and 44,800
laundry of items contaminated with byproduct
material, source material, or special nuclear
material. [Program Code(s): 03218].............
7. Medical licenses:
A. Licenses issued under parts 30, 35, 40, and 43,900
70 of this chapter for human use of byproduct
material, source material, or special nuclear
material in sealed sources contained in gamma
stereotactic radiosurgery units, teletherapy
devices, or similar beam therapy devices. This
category also includes the possession and use
of source material for shielding when
authorized on the same license \9\ \17\ Number
of locations of use: 1-5. [Program Code(s):
02300, 02310]..................................
(1). Licenses issued under parts 30, 35, 40, 58,600
and 70 of this chapter for human use of
byproduct material, source material, or
special nuclear material in sealed sources
contained in gamma stereotactic
radiosurgery units, teletherapy devices, or
similar beam therapy devices. This category
also includes the possession and use of
source material for shielding when
authorized on the same license \9\ \17\
Number of locations of use: 6-20. [Program
Code(s): 04510, 04512].....................
(2). Licenses issued under parts 30, 35, 40, 73,100
and 70 of this chapter for human use of
byproduct material, source material, or
special nuclear material in sealed sources
contained in gamma stereotactic
radiosurgery units, teletherapy devices, or
similar beam therapy devices. This category
also includes the possession and use of
source material for shielding when
authorized on the same license \9\ \17\
Number of locations of use: more than 20.
[Program Code(s): 04511, 04513]............
B. Licenses of broad scope issued to medical 62,900
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 83,700
medical institutions or two or more
physicians under parts 30, 33, 35, 40, and
70 of this chapter authorizing research and
development, including human use of
byproduct material, except licenses for
byproduct material, source material, or
special nuclear material in sealed sources
contained in teletherapy devices. This
category also includes the possession and
use of source material for shielding when
authorized on the same license \9\ \17\
Number of locations of use: 6-20. [Program
Code(s): 04710]............................
(2). Licenses of broad scope issued to 104,500
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 \9\ \17\
Number of locations of use: more than 20.
[Program Code(s): 04711]...................
C. Other licenses issued under parts 30, 35, 40, 23,200
and 70 of this chapter for human use of
byproduct material, source material, and/or
special nuclear material, except licenses for
byproduct material, source material, or special
nuclear material in sealed sources contained in
teletherapy devices. This category also
includes the possession and use of source
material for shielding when authorized on the
same license \9\ \17\ \19\ Number of locations
of use: 1-5. [Program Code(s): 02120, 02121,
02200, 02201, 02210, 02220, 02230, 02231,
02240, 22160]..................................
(1). Other licenses issued under parts 30, 32,800
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 \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, 42,100
35, 40, and 70 of this chapter for human
use of byproduct material, source material,
and/or special nuclear material, except
licenses for byproduct material, source
material, or special nuclear material in
sealed sources contained in teletherapy
devices. This category also includes the
possession and use of source material for
shielding when authorized on the same
license \9\ \17\ \19\ Number of locations
of use: more than 20. [Program Code(s):
04811, 04813, 04815, 04817, 04819, 04821,
04823, 04825, 04827, 04829]................
8. Civil defense:
A. Licenses for possession and use of byproduct 9,800
material, source material, or special nuclear
material for civil defense activities. [Program
Code(s): 03710]................................
9. Device, product, or sealed source safety
evaluation:
A. Registrations issued for the safety 28,200
evaluation of devices or products containing
byproduct material, source material, or special
nuclear material, except reactor fuel devices,
for commercial distribution....................
B. Registrations issued for the safety 14,700
evaluation of devices or products containing
byproduct material, source material, or special
nuclear material manufactured in accordance
with the unique specifications of, and for use
by, a single applicant, except reactor fuel
devices........................................
[[Page 12117]]
C. Registrations issued for the safety 8,600
evaluation of sealed sources containing
byproduct material, source material, or special
nuclear material, except reactor fuel, for
commercial distribution........................
D. Registrations issued for the safety 1,800
evaluation of sealed sources containing
byproduct material, source material, or special
nuclear material, manufactured in accordance
with the unique specifications of, and for use
by, a single applicant, except reactor fuel....
10. Transportation of radioactive material:
A. Certificates of Compliance or other package
approvals issued for design of casks, packages,
and shipping containers........................
1. Spent Fuel, High-Level Waste, and \6\ N/A
plutonium air packages.....................
2. Other Casks.............................. \6\ N/A
B. Quality assurance program approvals issued
under part 71 of this chapter..................
1. Users and Fabricators.................... \6\ N/A
2. Users.................................... \6\ N/A
C. Evaluation of security plans, route \6\ N/A
approvals, route surveys, and transportation
security devices (including immobilization
devices).......................................
11. Standardized spent fuel facilities.............. \6\ N/A
12. Special Projects. [Program Code(s): 25110]...... \6\ N/A
13. A. Spent fuel storage cask Certificate of \6\ N/A
Compliance.........................................
B. General licenses for storage of spent fuel \12\ N/A
under Sec. 72.210 of this chapter............
14. Decommissioning/Reclamation:
A. Byproduct, source, or special nuclear \7\ \20\ N/A
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 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. MMLs of broad scope issued to Government 531,000
agencies.\15\ [Program Code(s): 03614].............
18. Department of Energy:
A. Certificates of Compliance................... \10\ 2,355,000
B. Uranium Mill Tailings Radiation Control Act 176,000
(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 the
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.
Because section 101 of the ADVANCE Act created an excluded activity
for international nuclear export and innovation activities, no annual
fee is charged for import and export licenses.
\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 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., and
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.
[[Page 12118]]
\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 licenses
issued under parts 30, 35, 40, and 70 of this chapter for human use of
byproduct material, source material, and/or special nuclear material,
except licenses for byproduct material, source material, or special
nuclear material in sealed sources contained in teletherapy devices
authorized on the same license.
\20\ No annual fee is charged for a materials license (or part of a
materials license) that has transitioned to this fee category because
the decommissioning costs will be recovered through 10 CFR part 170
fees, but annual fees may be charged for other activities authorized
under the license that are not in decommissioning status.
\21\ Licensees paying fees under 4.A., 4.B., or 4.C. are not subject to
paying fees under 3.N. licenses that authorize services for other
licensees authorized on the same license.
Dated: March 2, 2026.
For the Nuclear Regulatory Commission.
Christopher Carroll,
Chief Financial Officer.
[FR Doc. 2026-04823 Filed 3-11-26; 8:45 am]
BILLING CODE 7590-01-P