[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Rules and Regulations]
[Pages 39120-39152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12696]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 170 and 171
[NRC-2021-0024]
RIN 3150-AK58
Revision of Fee Schedules; Fee Recovery for Fiscal Year 2023
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending the
licensing, inspection, special project, and annual fees charged to its
applicants and licensees. These amendments are necessary to comply with
the Nuclear Energy Innovation and Modernization Act, which requires the
NRC to recover, to the maximum extent practicable, approximately 100
percent of its annual budget less certain amounts excluded from this
fee-recovery requirement.
DATES: This final rule is effective on August 14, 2023.
ADDRESSES: Please refer to Docket ID NRC-2021-0024 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-2021-0024. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
email: [email protected]. For technical questions, contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209 or
[[Page 39121]]
301-415-4737, or by email to [email protected]. For the convenience
of the reader, instructions about obtaining materials referenced in
this document are provided in the ``Availability of Documents''
section.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. 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
8:00 a.m. and 4:00 p.m. eastern time, Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Anthony Rossi, Office of the Chief
Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-7341; email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background; Statutory Authority
II. Discussion
III. Public Comment Analysis
IV. Public Comments and NRC Responses
V. Regulatory Flexibility Certification
VI. Regulatory Analysis
VII. Backfitting and Issue Finality
VIII. Plain Writing
IX. National Environmental Policy Act
X. Paperwork Reduction Act Public Protection Notification
XI. Congressional Review Act
XII. Voluntary Consensus Standards
XIII. Availability of Guidance
XIV. Availability of Documents
I. Background; Statutory Authority
The NRC's fee regulations are primarily governed by two laws: (1)
the Independent Offices Appropriation Act, 1952 (IOAA) (31 U.S.C.
9701), and (2) the Nuclear Energy Innovation and Modernization Act
(NEIMA) (42 U.S.C. 2215). The IOAA authorizes and encourages Federal
agencies to recover, to the fullest extent possible, costs attributable
to services provided to identifiable recipients. Under NEIMA, the NRC
must recover, to the maximum extent practicable, approximately 100
percent of its annual budget, less the budget authority for excluded
activities. Under section 102(b)(1)(B) of NEIMA, ``excluded
activities'' include any fee-relief activity as identified by the
Commission, generic homeland security activities, waste incidental to
reprocessing activities, Nuclear Waste Fund activities, advanced
reactor regulatory infrastructure activities, Inspector General
services for the Defense Nuclear Facilities Safety Board, research and
development at universities in areas relevant to the NRC's mission, and
a nuclear science and engineering grant program. In fiscal year (FY)
2023, the fee-relief activities identified by the Commission are
consistent with prior fee rules, which are listed in Table 1--Excluded
Activities.
Under NEIMA, the NRC must use its IOAA authority first to collect
service fees for NRC work that provides specific benefits to
identifiable recipients (such as licensing work, inspections, and
special projects). The NRC's regulations in part 170 of title 10 of the
Code of Federal Regulations (10 CFR), ``Fees for Facilities, Materials,
Import and Export Licenses, and Other Regulatory Services Under the
Atomic Energy Act of 1954, as Amended,'' explain how the agency
collects service fees from specific beneficiaries. Because the NRC's
fee recovery under the IOAA (10 CFR part 170) will not equal 100
percent of the agency's total budget authority for the fiscal year
(less the budget authority for excluded activities), the NRC also
assesses ``annual fees'' under 10 CFR part 171, ``Annual Fees for
Reactor Licenses and Fuel Cycle Licenses and Materials Licenses,
Including Holders of Certificates of Compliance, Registrations, and
Quality Assurance Program Approvals and Government Agencies Licensed by
the NRC,'' to recover the remaining amount necessary to comply with
NEIMA.
II. Discussion
FY 2023 Fee Collection--Overview
The NRC is issuing this FY 2023 final fee rule based on the
Consolidated Appropriations Act, 2023 (the enacted budget). The final
fee rule reflects a total budget authority in the amount of $927.2
million, which is an increase of $39.5 million from FY 2022. As
explained previously, certain portions of the NRC's total budget
authority for the fiscal year are excluded from NEIMA's fee-recovery
requirement under section 102(b)(1)(B) of NEIMA. Based on the FY 2023
enacted budget, these exclusions total $137.0 million, which is an
increase of $6.0 million from FY 2022. These excluded activities
consist of $97.1 million for fee-relief activities, $23.8 million for
advanced reactor regulatory infrastructure activities, $13.4 million
for generic homeland security activities, $1.2 million for waste
incidental to reprocessing activities, and $1.5 million for Inspector
General services for the Defense Nuclear Facilities Safety Board. Table
I summarizes the excluded activities for the FY 2023 final fee rule.
The FY 2022 amounts are provided for comparison purposes.
Table I--Excluded Activities
[Dollars in millions]
------------------------------------------------------------------------
FY 2022 final FY 2023 final
rule rule
------------------------------------------------------------------------
Fee-Relief Activities:
International activities............ 25.5 28.8
Agreement State oversight........... 11.1 11.9
Medical isotope production 3.7 3.5
infrastructure.....................
Fee exemption for nonprofit 11.6 13.5
educational institutions...........
Costs not recovered from small 7.4 8.9
entities under 10 CFR 171.16(c)....
Regulatory support to Agreement 12.1 14.2
States.............................
Generic decommissioning/reclamation 15.9 12.5
activities (not related to the
operating power reactors and spent
fuel storage fee classes)..........
Uranium recovery program and 3.0 2.7
unregistered general licensees.....
Potential Department of Defense 0.9 0.9
remediation program Memorandum of
Understanding activities...........
Non-military radium sites........... 0.3 0.2
-------------------------------
Subtotal Fee-Relief Activities.. 91.5 97.1
Activities under section 16.5 16.1
102(b)(1)(B)(ii) of NEIMA (Generic
Homeland Security activities, Waste
Incidental to Reprocessing activities,
and the Defense Nuclear Facilities
Safety Board)..........................
[[Page 39122]]
Advanced reactor regulatory 23.0 23.8
infrastructure activities..............
-------------------------------
Total Excluded Activities........... 131.0 137.0
------------------------------------------------------------------------
After accounting for the exclusions from the fee-recovery
requirement and net billing adjustments (i.e., for FY 2023 invoices
that the NRC estimates will not be paid during the fiscal year, less
payments received in FY 2023 for prior-year invoices), the NRC must
recover approximately $790.6 million in fees in FY 2023. Of this
amount, the NRC estimates that $195.0 million will be recovered through
10 CFR part 170 service fees and approximately $595.6 million will be
recovered through 10 CFR part 171 annual fees. Table II summarizes the
fee-recovery amounts for the FY 2023 final fee rule using the FY 2023
enacted budget and takes into account the budget authority for excluded
activities and net billing adjustments. For all information presented
in the following tables in this final rule, individual values may not
sum to totals due to rounding. Please see the work papers, available as
indicated in the ``Availability of Documents'' section of this
document, for actual amounts.
In FY 2023, the explanatory statement associated with the
Consolidated Appropriations Act, 2023 included direction for the NRC to
use $16.0 million in prior-year unobligated carryover funds for the
University Nuclear Leadership Program. Consistent with the requirements
of NEIMA, the NRC does not assess fees in the current fiscal year for
any carryover funds because fees are calculated based on the budget
authority enacted for the current fiscal year. Fees were already
assessed in the fiscal year in which the carryover funds were
appropriated. The FY 2022 amounts are provided for comparison purposes.
Table II--Budget and Fee Recovery Amounts
[Dollars in millions]
------------------------------------------------------------------------
FY 2022 final FY 2023 final
rule rule
------------------------------------------------------------------------
Total Budget Authority.................. $887.7 $927.2
Less Budget Authority for Excluded -131.0 -137.0
Activities:............................
-------------------------------
Balance............................. 756.7 790.2
Fee Recovery Percent.................... 100.0 100.0
-------------------------------
Total Amount to be Recovered:....... 756.7 790.2
Less Estimated Amount to be -198.8 -195.0
Recovered through 10 CFR part
170 Fees.......................
Estimated Amount to be Recovered 557.9 595.2
through 10 CFR part 171 Fees...
10 CFR part 171 Billing Adjustments:
Unpaid Current Year Invoices 2.0 3.7
(estimated)........................
Less Payments Received in Current -6.0 -3.3
Year for Previous Year Invoices
(estimated)........................
Adjusted 10 CFR part 171 Annual Fee 553.9 595.6
Collections Required...............
Adjusted Amount to be Recovered through 752.7 790.6
10 CFR parts 170 and 171 Fees..........
------------------------------------------------------------------------
FY 2023 Fee Collection--Professional Hourly Rate
The NRC uses a professional hourly rate to assess fees under 10 CFR
part 170 for specific services it provides. The professional hourly
rate also helps determine flat fees (which are used for the review of
certain types of license applications). This rate is applicable to all
activities for which fees are assessed under Sec. Sec. 170.21 and
170.31.
The NRC's professional hourly rate is derived by adding budgeted
resources for (1) mission-direct program salaries and benefits, (2)
mission-indirect program support, and (3) agency support (corporate
support and the Inspector General (IG)). The NRC then subtracts certain
offsetting receipts and divides this total by the mission-direct full-
time equivalent (FTE) converted to hours (the mission-direct FTE
converted to hours is the product of the mission-direct FTE multiplied
by the estimated annual mission-direct FTE productive hours). The only
budgeted resources excluded from the professional hourly rate are those
for mission-direct contract resources, which are generally billed to
licensees separately. The following shows the professional hourly rate
calculation:
[GRAPHIC] [TIFF OMITTED] TR15JN23.000
For FY 2023, the NRC is increasing the professional hourly rate
from $290 to $300. The 3.4 percent increase in the professional hourly
rate is primarily due to increase in budgeted resources of
approximately $34.1 million. The increase in budgeted resources is
primarily due to the 4.6 percent increase in salaries and benefits to
support
[[Page 39123]]
Federal pay raises for NRC employees. The anticipated decline in the
number of mission-direct FTE compared to FY 2022 also contributed to
the increase in the professional hourly rate. The professional hourly
rate is inversely related to the mission-direct FTE amount; therefore,
as the number of mission-direct FTE decrease, the professional hourly
rate may increase. The number of mission-direct FTE declined by
approximately 24, primarily due to: (1) the closure of the Palisades
Nuclear Plant (Palisades); and (2) a reduction in resources for
development of the operating reactors licensing action infrastructure
for process improvements and special projects.
The FY 2023 estimate for annual mission-direct FTE productive hours
is 1,551 hours, which is an increase from 1,510 hours in FY 2022. This
estimate, also referred to as the ``Productive Hours Assumption,''
reflects the average number of hours that a mission-direct employee
spends on mission-direct work in a given year. This estimate,
therefore, excludes hours charged to annual leave, sick leave,
holidays, training, and general administrative tasks. Table III shows
the professional hourly rate calculation methodology. The FY 2022
amounts are provided for comparison purposes.
Table III--Professional Hourly Rate Calculation
[Dollars in millions, except as noted]
------------------------------------------------------------------------
FY 2022 final FY 2023 final
rule rule
------------------------------------------------------------------------
Mission-Direct Program Salaries & $349.3 $359.2
Benefits...............................
Mission-Indirect Program Support........ 115.1 118.8
Agency Support (Corporate Support and 278.9 299.5
the IG)................................
-------------------------------
Subtotal............................ 743.3 777.5
Less Offsetting Receipts \1\............ 0.0 0.0
-------------------------------
Total Budgeted Resources Included in 743.3 777.5
Professional Hourly Rate...........
Mission-Direct FTE...................... 1,696.1 1,672.2
Annual Mission-Direct FTE Productive 1,510 1,551
Hours (Whole numbers)..................
Mission-Direct FTE Converted to Hours 2,561,111 2,593,582
(Mission-Direct FTE multiplied by
Annual Mission-Direct FTE Productive
Hours).................................
Professional Hourly Rate (Total Budgeted 290 300
Resources Included in Professional
Hourly Rate Divided by Mission-Direct
FTE Converted to Hours) (Whole Numbers)
------------------------------------------------------------------------
\1\ The fees collected by the NRC for Freedom of Information Act (FOIA)
services and indemnity fees (financial protection required of all
licensees for public liability claims at 10 CFR part 140) are
subtracted from the budgeted resources amount when calculating the 10
CFR part 170 professional hourly rate, per the guidance in the Office
of Management and Budget 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.
FY 2023 Fee Collection--Flat Application Fee Changes
The NRC is amending the flat application fees it charges in its
schedule of fees in Sec. 170.31 to reflect the revised professional
hourly rate of $300. The NRC charges these fees to applicants for
materials licenses and other regulatory services, as well as to holders
of materials licenses. The NRC calculates these flat fees by
multiplying the average professional staff hours needed to process the
licensing actions by the professional hourly rate for FY 2023. As part
of its calculations, the NRC analyzes the actual hours spent performing
licensing actions and estimates the five-year average of professional
staff hours that are needed to process licensing actions as part of its
biennial review of fees. These actions are required by section 205(a)
of the Chief Financial Officers Act of 1990 (31 U.S.C. 902(a)(8)). The
NRC performed this review for the FY 2023 fee rule and will perform
this review again for the FY 2025 fee rule. The biennial review
adjustments and the higher professional hourly rate of $300 is the
primary reason for the increase in flat application fees. Additional
information can be found in 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 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 2023 final fee rule will be subject
to the revised fees in the final rule. Since international activities
are an excluded activity, fees are not assessed for import and export
licensing actions under 10 CFR parts 170 and 171.
FY 2023 Fee Collection--Low-Level Waste Surcharge
The NRC is assessing a generic low-level waste (LLW) surcharge of
$4.023 million. Disposal of LLW occurs at commercially-operated LLW
disposal facilities that are licensed by either the NRC or an Agreement
State. Four existing LLW disposal facilities in the United States
accept various types of LLW. All are located in Agreement States and,
therefore, are regulated by an Agreement State, rather than the NRC.
The NRC allocates this surcharge to its licensees based on data
available in the U.S. Department of Energy's (DOE) Manifest Information
Management System (MIMS). This database contains information on total
LLW volumes disposed of by four generator classes: academic,
industrial, medical, and utility. The ratio of waste volumes disposed
of by these generator classes to total LLW volumes disposed over a
period of time is used to estimate the portion of this surcharge that
will be allocated to the power reactors, fuel facilities, and the
materials users fee classes. The materials users fee class portion is
adjusted to account for the
[[Page 39124]]
large percentage of materials licensees that are licensed by the
Agreement States rather than the NRC.
The LLW surcharge amounts have changed since publication of the
proposed fee rule. The DOE updated MIMS with 2023 data; as a result of
the update, the LLW surcharge for operating power reactors decreased
from $3.556 million to $3.496 million; and the LLW surcharge increased
from $0.370 million to $0.418 million for fuel facilities and from
$0.097 to $0.109 million for materials users.
Table IV shows the allocation of the LLW surcharge and its
allocation across the various fee classes.
Table IV--Allocation of LLW Surcharge FY 2023
[Dollars in millions]
------------------------------------------------------------------------
LLW surcharge
Fee classes -------------------------------
Percent $
------------------------------------------------------------------------
Operating Power Reactors................ 86.9 3.496
Spent Fuel Storage/Reactor 0.0 0.000
Decommissioning........................
Non-Power Production or Utilization 0.0 0.000
Facilities.............................
Fuel Facilities......................... 10.4 0.418
Materials Users......................... 2.7 0.109
Transportation.......................... 0.0 0.000
Rare Earth Facilities................... 0.0 0.000
Uranium Recovery........................ 0.0 0.000
-------------------------------
Total............................... 100.0 4.023
------------------------------------------------------------------------
FY 2023 Fee Collection--Revised Annual Fees
In accordance with SECY-05-0164, ``Annual Fee Calculation Method,''
the NRC rebaselines its annual fees every year. ``Rebaselining''
entails analyzing the budget in detail and then allocating the FY 2023
budgeted resources to various classes or subclasses of licensees. It
also includes updating the number of NRC licensees in its fee
calculation methodology. The NRC is revising its annual fees in
Sec. Sec. 171.15 and 171.16 to recover approximately 100 percent of
the NRC's FY 2023 enacted budget (less the budget authority for
excluded activities and the estimated amount to be recovered through 10
CFR part 170 fees). Table V shows the rebaselined fees for FY 2023 for
a sample of licensee categories. The FY 2022 amounts are provided for
comparison purposes.
Table V--Rebaselined Annual Fees
[Actual dollars]
------------------------------------------------------------------------
FY 2022 final FY 2023 final
Class/category of licenses annual fee annual fee
------------------------------------------------------------------------
Operating Power Reactors................ 5,165,000 5,492,000
+ Spent Fuel Storage/Reactor 227,000 261,000
Decommissioning........................
-------------------------------
Total, Combined Fee................. 5,392,000 5,753,000
Spent Fuel Storage/Reactor 227,000 261,000
Decommissioning........................
Non-Power Production or Utilization 90,100 96,300
Facilities.............................
High Enriched Uranium Fuel Facility 4,334,000 5,156,000
(Category 1.A.(1)(a))..................
Low Enriched Uranium Fuel Facility 1,469,000 1,747,000
(Category 1.A.(1)(b))..................
Uranium Enrichment (Category 1.E)....... 1,888,000 2,247,000
UF6 Conversion and Deconversion Facility 436,000 1,095,000
(Category 2.A.(1)......................
Basic In Situ Recovery Facilities 42,000 52,200
(Category 2.A.(2)(b))..................
Typical Users:
Radiographers (Category 3O)......... 29,600 37,900
All Other Specific Byproduct 9,900 12,300
Material Licensees (Category 3P)...
Medical Other (Category 7C)......... 17,000 18,000
Device/Product Safety Evaluation--Broad 18,100 24,100
(Category 9A)..........................
------------------------------------------------------------------------
The work papers that support this final rule show in detail how the
NRC allocates the budgeted resources and calculates the fees for each
class of licensees.
Paragraphs a. through h. of this section describe the budgeted
resources allocated to each class of licensees and the calculations of
the rebaselined fees. For more information about detailed fee
calculations for each class, please consult the accompanying work
papers for this final rule.
a. Operating Power Reactors
The NRC will collect $510.7 million in annual fees from the
operating power reactors fee class in FY 2023, as shown in Table VI.
The FY 2022 operating power reactors fees are shown for comparison
purposes.
[[Page 39125]]
Table VI--Annual Fee Summary Calculations for Operating Power Reactors
[Dollars in millions]
------------------------------------------------------------------------
FY 2022 final FY 2023 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $645.4 $665.3
Less estimated 10 CFR part 170 receipts. -165.8 -158.9
-------------------------------
Net 10 CFR part 171 resources....... 479.6 506.4
Allocated generic transportation........ 0.4 0.5
Allocated LLW surcharge................. 3.8 3.5
Billing adjustment...................... -3.4 0.3
-------------------------------
Total required annual fee recovery.. 480.3 510.7
Total operating reactors............ 93 93
Annual fee per operating reactor........ 5.165 5.492
------------------------------------------------------------------------
In comparison to FY 2022, the FY 2023 annual fee for the operating
power reactors fee class is increasing primarily due to the following:
(1) an increase in budgeted resources; (2) a decrease in 10 CFR part
170 estimated billings; and (3) an increase in the 10 CFR part 171
billing adjustment. These components are discussed in the following
paragraphs.
The budgeted resources for the operating power reactors fee class
increased primarily as a result of an increase in the fully-costed FTE
rate compared to FY 2022 due to an increase in salaries and benefits.
The increase in the fully-costed FTE rate is offset by a reduction in
FTEs associated with workload changes, including but not limited to the
following: (1) the closure of Palisades; (2) delays to planned new
reactor design and licensing applications; (3) a reduction in resources
for the development of operating reactors licensing action
infrastructure for process improvements and special projects. In
addition, there was a reduction in contract support resources for
baseline inspections in the reactor safety program, which are now being
performed in-house.
The annual fee is increasing due to a reduction in the 10 CFR part
170 estimated billings resulting from: (1) a decrease in hours
associated with the closure of Palisades and (2) delays to planned new
reactor design and licensing applications, topical reports, and white
papers.
The annual fee increase is also affected by these contributing
factors: (1) an increase in the10 CFR part 171 billing adjustment
(moving from a credit to a surcharge) due to the timing of invoices
issued in FY 2022, and (2) an increase in the generic transportation
surcharge due to an increase in the overall budgeted resources for
certificates of compliance (CoCs) for the operating power reactors fee
class.
The fee-recoverable budgeted resources are divided equally among
the 93 licensed operating power reactors, including the anticipated
assessment of annual fees for Vogtle Electric Generating Plant, Unit 3,
and results in an annual fee of $5,492,000 per reactor. Additionally,
each licensed operating power reactor will be assessed the FY 2023
spent fuel storage/reactor decommissioning annual fee of $261,000 (see
Table VII and the discussion that follows). The combined FY 2023 annual
fee for each operating power reactor is $5,753,000.
Section 102(b)(3)(B)(i) of NEIMA established a cap for the annual
fees charged to operating reactor licensees; under this provision, the
annual fee for an operating reactor licensee, to the maximum extent
practicable, shall not exceed the annual fee amount per operating
reactor licensee established in the FY 2015 final fee rule (80 FR
37432; June 30, 2015), adjusted for inflation. The NRC included an
estimate of the operating power reactors fee class annual fee in
Appendix C, ``Estimated Operating Power Reactors Annual Fee,'' of the
FY 2023 Congressional Budget Justification (CBJ) (NUREG-1100, Volume
38) to increase transparency for stakeholders. The NRC developed this
estimate based on the staff's allocation of the FY 2023 CBJ to fee
classes under 10 CFR part 170, and allocations within the operating
power reactors fee class under 10 CFR part 171. The fee estimate
included in the FY 2023 CBJ assumed 94 operating power reactors in FY
2023 and applied various data assumptions from the FY 2021 final fee
rule. Based on these allocations and assumptions, the operating power
reactors annual fee included in the FY 2023 CBJ was estimated to be
$5.2 million, approximately $0.5 million below the FY 2015 operating
power reactors annual fee amount adjusted for inflation of $5.7
million. The assumptions made between budget formulation and the
development of this final rule have changed, including the change in
the number of operating power reactors from 94 to 93. Nonetheless, the
FY 2023 annual fee of $5,492,000 remains below the FY 2015 operating
power reactors annual fee amount, as adjusted for inflation.
In FY 2016, the NRC amended its licensing, inspection, and annual
fee regulations to establish a variable annual fee structure for light-
water small modular reactors (SMRs) (81 FR 32617; May 24, 2016). Under
the variable annual fee structure, an SMR annual fee would be assessed
as a function of its bundled licensed thermal power rating. Currently,
there are no operating SMRs; therefore, the NRC will not assess an
annual fee in FY 2023 for this type of licensee.
b. Spent Fuel Storage/Reactor Decommissioning
The NRC will collect $32.1 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 2023, as shown in Table
VII. The FY 2022 spent fuel storage/reactor decommissioning fees are
shown for comparison purposes.
[[Page 39126]]
Table VII--Annual Fee Summary Calculations for Spent Fuel Storage/
Reactor Decommissioning
[Dollars in millions]
------------------------------------------------------------------------
FY 2022 final FY 2023 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $40.4 $42.9
Less estimated 10 CFR part 170 receipts. -13.8 -12.4
-------------------------------
Net 10 CFR part 171 resources....... 26.6 30.5
Allocated generic transportation costs.. 1.3 1.6
Billing adjustments..................... -0.2 0.0
-------------------------------
Total required annual fee recovery.. 27.7 32.1
Total spent fuel storage facilities. 122 123
Annual fee per facility................. 0.227 0.261
------------------------------------------------------------------------
In comparison to FY 2022, the FY 2023 annual fee for the spent fuel
storage/reactor decommissioning fee class is increasing primarily due
to the following: (1) an increase in the budgeted resources and (2) a
decrease in the 10 CFR part 170 estimated billings. These components
are discussed in the following paragraphs.
The budgeted resources for the spent fuel storage/reactor
decommissioning fee class increased primarily due to the following: (1)
an increase in the fully-costed FTE rate compared to FY 2022 due to an
increase in salaries and benefits; (2) an increase in licensing and
oversight activities for one additional power reactor in
decommissioning; and (3) an increased number of power reactors
transitioning to accelerated decommissioning schedule status. This
increase in the budgeted resources is offset by a decline in contract
support due to the completion of research activities related to
accident tolerant fuel (ATF), the assessment of gross ruptures in high
burnup fuel, and standardized computer analysis for licensing
evaluation code verification and validation.
The 10 CFR part 170 estimated billings for the spent fuel storage/
reactor decommissioning fee class decreased primarily due to the
following: (1) a reduction in hours and contract support associated
with the staff's review of applications for renewals, amendments,
exemptions, and inspections for independent spent fuel storage
installation (ISFSI) licenses and dry cask storage CoCs; (2) the
completion of the safety and environmental review of the Holtec HI-
STORE consolidated interim storage facility application; (3) the
completion of the staff's review of the Interim Storage Partners
consolidated interim storage facility application and issuance of the
license; (4) the completion of decommissioning transition activities
for the Duane Arnold Energy Center and the site entering a period of
dormancy; (5) the termination of the licenses for La Crosse Boiling
Water Reactor and Humboldt Bay Nuclear Power Plant; and (6) the
decrease in decommissioning licensing and inspection activities at
multiple sites.
The annual fee increase is also affected by an increase in the
generic transportation surcharge due to an increase in the generic
transportation budgeted resources.
The required annual fee recovery amount is divided equally among
123 licensees, resulting in a FY 2023 annual fee of $261,000 per
licensee.
c. Fuel Facilities
The NRC will collect $19.7 million in annual fees from the fuel
facilities fee class in FY 2023, as shown in Table VIII. The FY 2023
fuel facilities fees are shown for comparison purposes.
Table VIII--Annual Fee Summary Calculations for Fuel Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2022 final FY 2023 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $22.4 $26.6
Less estimated 10 CFR part 170 receipts. -8.0 -9.2
-------------------------------
Net 10 CFR part 171 resources....... 14.4 17.4
Allocated generic transportation........ 1.7 1.9
Allocated LLW surcharge................. 0.4 0.4
Billing adjustments..................... -0.1 0.0
-------------------------------
Total remaining required annual fee 16.4 19.7
recovery...........................
------------------------------------------------------------------------
In comparison to FY 2022, the FY 2023 annual fee for the fuel
facilities fee class is increasing primarily due to the increase in
budgeted resources. This increase is offset by an increase in 10 CFR
part 170 estimated billings as discussed in the following paragraphs.
The budgeted resources for the fuel facilities fee class increased
primarily as a result of an increase in the fully-costed FTE rate
compared to FY 2022 due to an increase in salaries and benefits. In
addition, the budgeted resources increased to support the following:
(1) licensing actions related to enrichment and manufacturing of high-
assay low-enrichment uranium fuel, advanced reactor fuel, and ATF; (2)
the staff's review of a new fuel facility application; (3) cyber
security activities; (4) restart activities for the Honeywell
[[Page 39127]]
International, Inc. Uranium Conversion Facility and the Centrus
American Centrifuge Plant; (5) an anticipated increase in material
control and accounting inspections at Category II facilities; and (6)
fuel facilities rulemaking activities.
The 10 CFR part 170 estimated billings increased as a result of the
following: (1) the staff's review of the Nuclear Fuel Services U-metal
amendment and an inspection that was delayed due to the COVID-19
pandemic; (2) the staff's review of the TRISO-X, LLC, fuel fabrication
facility application; and (3) the staff's review of the Global Nuclear
Fuel Americas, LLC, amendment for an increase in enrichment and
inspection activities.
The NRC will continue allocating annual fees to individual fuel
facility licensees based on the effort/fee determination matrix
developed in the FY 1999 final fee rule (64 FR 31448; June 10, 1999).
To briefly recap, the matrix groups licensees within this fee class
into various fee categories. The matrix lists processes that are
conducted at licensed sites and assigns effort factors for the safety
and safeguards activities associated with each process (these effort
levels are reflected in Table IX). The annual fees are then distributed
across the fee class based on the regulatory effort assigned by the
matrix. The effort factors in the matrix represent regulatory effort
that is not recovered through 10 CFR part 170 fees (e.g., rulemaking,
guidance). Regulatory effort for activities that are subject to 10 CFR
part 170 fees, such as the number of inspections, is not applicable to
the effort factor.
In the FY 2023 final rule, the safeguards factor in the effort
factors matrix for the uranium hexaflouride (UF6) conversion
and deconversion fee category for UF6/liquid process have
been increased from 0 (no effort) to 5 (moderate effort), and the
conversion powder process has reduced from 10 (high effort) to 1 (low
effort). Currently, there is one uranium conversion facility that had
been in a ready-idle status for several years with no processing
operations during this time; however, this facility is now in the
process of returning to full operations.
In the proposed rule, the NRC proposed an effort factor of 0 for
safeguards and 5 for safety for the liquid UF6 process for
the one uranium conversion facility. At the time when the effort
factors were developed for the proposed rule, Security Order EA-02-025
was temporarily relaxed while the facility was in a ready-idle status.
Subsequently, in October 2022, the NRC withdrew the temporary
relaxation of Security Order EA-02-025 at the site. As a result of
reinstating Security Order EA-02-025 at the site, the NRC reevaluated
the proposed effort factor for safeguards and determined that it should
be changed from 0 to 5 to reflect a moderate level of effort for the
liquid UF6 process. The effort factor of 5 for safety in the
proposed rule continues to be appropriate, resulting in a combined
effort factor for the liquid UF6 process of 10.
In the proposed rule, the NRC also proposed changes to the safety
effort factor for the conversion powder process, a separate process
under the matrix that is assigned its own effort factors. Specifically,
the proposed rule proposed an effort factor of 10 for safety for the
conversion powder process at the one uranium conversion facility that
is in the process of returning to full operations. The proposed level
of effort was based on the facility returning to full operations, which
would involve increased amounts of uranium powder for processing at the
site and an increased effort to support the restart to full operations.
The NRC reevaluated the proposed effort factor based on additional
information available from the pre-operational inspections conducted at
the site and evaluations of regulated activities during the restart
phase. Utilizing actual data instead of estimates, the reevaluation
concluded that the overall NRC level of effort would be moderate during
the initial restart phase, would be minimal for the remainder of the
restart phase, and would be minimal once operations resumed. Therefore,
the NRC level of effort for the year results in a revised effort factor
of 1 for safety for the conversion powder process.
In summary, for FY 2023, the liquid UF6 effort factors
are revised to Safety-5 and Safeguards-5, and conversion powder effort
factors are revised to Safety-1 and Safeguards-0. These changes, along
with adding the effort factors for the other processes in the matrix
that remain unchanged, results in a total effort factor of 19 for the
UF6 Conversion and Deconversion fee category. The revised
total effort factor results in a decrease in the annual fees for the
UF6 Conversion and Deconversion fee category by 16.4 percent
compared to the proposed rule. The decrease in annual fees for the
UF6 Conversion and Deconversion fee category results in a
corresponding average increase of approximately 1.2 percent in all
other fee categories in the fee class. Additional information can be
found in the work papers.
Table IX--Effort Factors for Fuel Facilities, FY 2023
----------------------------------------------------------------------------------------------------------------
Effort factors
Facility type (fee category) Number of -------------------------------
facilities Safety Safeguards
----------------------------------------------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a))......................... 2 88 91
Low-Enriched Uranium Fuel (1.A.(1)(b)).......................... 3 70 21
Limited Operations (1.A.(2)(a))................................. 1 3 11
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
----------------------------------------------------------------------------------------------------------------
In FY 2023, the total remaining amount of the annual fees to be
recovered, $19.7 million, is attributable to safety activities,
safeguards activities, and the LLW surcharge. For FY 2023, the total
budgeted resources to be recovered as annual fees for safety activities
are approximately $10.7 million. To calculate the annual fee, the NRC
allocates this amount to each fee category based on its percentage of
the total regulatory effort for safety activities. Similarly, the NRC
allocates the budgeted resources to be recovered as annual fees for
safeguards activities, $8.6 million, to each fee category based on its
percentage of the total regulatory effort for safeguards activities.
Finally, the fuel facilities fee class portion of the LLW surcharge--
$0.4 million--is allocated to each fee category based on its percentage
of the total regulatory effort for both safety and safeguards
activities. The annual fee per licensee is
[[Page 39128]]
then calculated by dividing the total allocated budgeted resources for
the fee category by the number of licensees in that fee category. The
annual fee for each facility is summarized in Table X.
Table X--Annual Fees for Fuel Facilities
[Actual dollars]
------------------------------------------------------------------------
FY 2022 final FY 2023 final
Facility type (fee category) annual fee annual fee
------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)). $4,334,000 $5,156,000
Low-Enriched Uranium Fuel (1.A.(1)(b)).. 1,469,000 1,747,000
Facilities with limited operations 968,000 807,000
(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.)............... 1,888,000 2,247,000
UF6 Conversion and Deconversion 436,000 1,095,000
(2.A.(1))..............................
------------------------------------------------------------------------
d. Uranium Recovery Facilities
The NRC will collect $0.2 million in annual fees from the uranium
recovery facilities fee class in FY 2023, as shown in Table XI. The FY
2022 uranium recovery facilities fees are shown for comparison
purposes.
Table XI--Annual Fee Summary Calculations for Uranium Recovery
Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2022 final FY 2023 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $0.9 $0.5
Less estimated 10 CFR part 170 receipts. -0.6 -0.3
-------------------------------
Net 10 CFR part 171 resources....... 0.3 0.2
Allocated generic transportation........ N/A N/A
Billing adjustments..................... 0.0 0.0
-------------------------------
Total required annual fee recovery.. $0.3 $0.2
------------------------------------------------------------------------
In comparison to FY 2022, the FY 2023 annual fee for the non-DOE
licensee in the uranium recovery facilities fee class is increasing as
a result of the decrease in 10 CFR part 170 estimated billings due to
the following: (1) the completion of the NRC staff's National
Environmental Review Act and National Historic Preservation Act review
of Crow Butte Resources, Inc.'s 2014 license renewal; and (2) the
completion of the staff's review of Powertech (USA) Inc.'s license
amendment for the indirect change of control.
---------------------------------------------------------------------------
\2\ Congress established the two programs, Title I and Title II,
under UMTRCA to protect the public and the environment from hazards
associated with uranium milling. The UMTRCA Title I program is for
remedial action at abandoned mill tailings sites where tailings
resulted largely from production of uranium for weapons programs.
The NRC also regulates DOE's UMTRCA Title II program, which is
directed toward uranium mill sites licensed by the NRC or Agreement
States in or after 1978.
---------------------------------------------------------------------------
The NRC regulates DOE's Title I and Title II activities under the
Uranium Mill Tailings Radiation Control Act (UMTRCA).\2\ The annual fee
assessed to DOE includes the resources specifically budgeted for the
NRC's UMTRCA Title I and Title II activities, as well as 10 percent of
the remaining budgeted resources for this fee class. The NRC described
the overall methodology for determining fees for UMTRCA in the FY 2002
fee rule (67 FR 42625; June 24, 2002), and the NRC continues to use
this methodology. The DOE's UMTRCA annual fee is decreasing compared to
FY 2022 primarily due to a decrease in budgeted resources needed to
conduct generic work that staff will be performing to resolve issues
associated with the transfer of NRC and Agreement State uranium mill
tailings sites to DOE for long-term surveillance and maintenance. In
addition, 10 CFR part 170 estimated billings are declining due to the
anticipated workload decreases at various DOE UMTRCA sites. The NRC
assesses the remaining 90 percent of its budgeted resources to the
remaining licensee in this fee class, as described in the work papers,
which is reflected in Table XII.
Table XII--Costs Recovered Through Annual Fees; Uranium Recovery
Facilities Fee Class
[Actual dollars]
------------------------------------------------------------------------
FY 2022 final FY 2023 final
Summary of costs annual fee annual fee
------------------------------------------------------------------------
DOE Annual Fee Amount (UMTRCA Title I
and Title II) General Licenses:
UMTRCA Title I and Title II budgeted $206,441 $142,181
resources less 10 CFR part 170
receipts...........................
10 percent of generic/other uranium 4,665 5,798
recovery budgeted resources........
[[Page 39129]]
10 percent of uranium recovery fee- N/A N/A
relief adjustment..................
-------------------------------
Total Annual Fee Amount for DOE 211,000 148,000
(rounded)......................
Annual Fee Amount for Other Uranium
Recovery Licenses:
90 percent of generic/other uranium 41,986 52,185
recovery budgeted resources less
the amounts specifically budgeted
for UMTRCA Title I and Title II
activities.........................
90 percent of uranium recovery fee- N/A N/A
relief adjustment..................
-------------------------------
Total Annual Fee Amount for 41,986 52,185
Other Uranium Recovery
Licensees......................
------------------------------------------------------------------------
Further, for any non-DOE licensees, the NRC will continue using a
matrix to determine the effort levels associated with conducting
generic regulatory actions for the different licensees in the uranium
recovery facilities fee class; this is similar to the NRC's approach
for fuel facilities, described previously. The matrix methodology for
uranium recovery licensees first identifies the licensee categories
included within this fee class (excluding DOE). These categories are
conventional uranium mills and heap leach facilities, uranium in situ
recovery (ISR) and resin ISR facilities, and mill tailings disposal
facilities. The matrix identifies the types of operating activities
that support and benefit these licensees, along with each activity's
relative weight. Please see the work papers for more detail. Currently,
there is only one remaining non-DOE licensee, which is a basic ISR
facility. Table XIII displays the benefit factors for the non-DOE
licensee in that fee category.
Table XIII--Benefit Factors for Uranium Recovery Licenses
----------------------------------------------------------------------------------------------------------------
Number of Benefit factor Benefit factor
Fee category licensees per licensee Total value percent total
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a)).. 0 .............. .............. 0
Basic In Situ Recovery facilities (2.A.(2)(b)).. 1 190 190 100
Expanded In Situ Recovery facilities 0 .............. .............. 0
(2.A.(2)(c))...................................
Section 11e.(2) disposal incidental to existing 0 .............. .............. 0
tailings sites (2.A.(4)).......................
---------------------------------------------------------------
Total....................................... 1 190 190 100
----------------------------------------------------------------------------------------------------------------
The FY 2023 annual fee for the remaining non-DOE licensee is
calculated by allocating 100 percent of the budgeted resources, as
summarized in Table XIV.
Table XIV--Annual Fees for Uranium Recovery Licensees
[Other than DOE]
[Actual dollars]
------------------------------------------------------------------------
FY 2022 final FY 2023 final
Facility type (fee category) annual fee annual fee
------------------------------------------------------------------------
Conventional and Heap Leach mills N/A N/A
(2.A.(2)(a))...........................
Basic In Situ Recovery facilities $42,000 $52,200
(2.A.(2)(b))...........................
Expanded In Situ Recovery facilities N/A N/A
(2.A.(2)(c))...........................
Section 11e.(2) disposal incidental to N/A N/A
existing tailings sites (2.A.(4))......
------------------------------------------------------------------------
e. Non-Power Production or Utilization Facilities
The NRC will collect $0.289 million in annual fees from the non-
power production or utilization facilities fee class in FY 2023, as
shown in Table XV. The FY 2022 non-power production or utilization
facilities fees are shown for comparison purposes.
Table XV--Annual Fee Summary Calculations for Non-Power Production or
Utilization Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2022 final FY 2023 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $6.072 $5.115
Less estimated 10 CFR part 170 receipts. -5.804 -4.869
-------------------------------
[[Page 39130]]
Net 10 CFR part 171 resources....... 0.268 0.246
Allocated generic transportation........ 0.035 0.040
Billing adjustments..................... -0.032 0.003
-------------------------------
Total required annual fee recovery.. 0.270 0.289
Total non-power production or 3 3
utilization facilities licenses....
Total annual fee per license 0.0901 0.0963
(rounded)......................
------------------------------------------------------------------------
In comparison to FY 2022, the FY 2023 annual fee for the non-power
production or utilization facilities fee class is increasing, as
discussed in the following paragraphs.
In FY 2023, while the budgeted resources decreased primarily due to
the completion of the staff's review of the SHINE Medical technologies,
LLC's (SHINE) operating license application, this decrease in the
budgeted resources is offset by an increase in the fully-costed FTE
rate compared to FY 2022 due to an increase in salaries and benefits.
The 10 CFR part 170 estimated billings associated with operating
non-power production or utilization facilities licensees subject to
annual fees are declining slightly due to less hours needed for
activities associated with the special team inspection and the staff's
review of a complex license amendment associated with the restart of
the NIST Neutron Reactor. The 10 CFR part 170 estimated billings with
respect to the medical isotope production facilities and advanced
research and test reactors are remaining steady when compared with FY
2022. While the staff completed its review of the operating license
application for SHINE, the decrease in estimated billings related to
review of the SHINE application are offset by the staff's review of the
Kairos Power's, LLC, application for a permit to construct the Hermes
test reactor; and pre-application meetings due to the anticipated
submission of several license applications.
Furthermore, the annual fee is increasing as a result of an
increase in the 10 CFR part 171 billing adjustment (moving from a
credit to a surcharge) due to the timing of invoices issued in FY 2022.
The annual fee-recovery amount is divided equally among the three
non-power production or utilization facilities licensees subject to
annual fees and results in an FY 2023 annual fee of $96,300 for each
licensee.
f. Rare Earth
In FY 2023, the NRC has allocated approximately $0.3 million in
budgeted resources to this fee class; however, because all the budgeted
resources will be recovered through service fees assessed under 10 CFR
part 170, the NRC will not assess and collect annual fees in FY 2023
for this fee class.
g. Materials Users
The NRC will collect $39.7 million in annual fees from materials
users licensed under 10 CFR parts 30, 40, and 70 in FY 2023, as shown
in Table XVI. The FY 2022 materials users fees are shown for comparison
purposes.
Table XVI--Annual Fee Summary Calculations for Materials Users
[Dollars in millions]
------------------------------------------------------------------------
FY 2022 final FY 2023 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources for licensees $34.1 $38.7
not regulated by Agreement States......
Less estimated 10 CFR part 170 receipts. -0.9 -1.2
-------------------------------
Net 10 CFR part 171 resources....... 33.2 37.5
Allocated generic transportation........ 1.7 2.0
LLW surcharge........................... 0.1 0.1
Billing adjustments..................... -0.2 0.0
-------------------------------
Total required annual fee recovery.. 34.8 39.7
------------------------------------------------------------------------
The formula for calculating 10 CFR part 171 annual fees for the
various categories of materials users is described in detail in the
work papers. Generally, the calculation results in a single annual fee
that includes 10 CFR part 170 costs, such as amendments, renewals,
inspections, and other licensing actions specific to individual fee
categories.
The total annual fee recovery of $39.7 million for FY 2023 shown in
Table XVI consists of $30.3 million for general costs, $9.3 million for
inspection costs, and $0.1 million for LLW costs. To equitably and
fairly allocate the $39.7 million required to be collected among
approximately 2,400 diverse materials users licensees, the NRC
continues to calculate the annual fees for each fee category within
this class based on the 10 CFR part 170 application fees and estimated
inspection costs for each fee category. Because the application fees
and inspection costs are indicative of the complexity of the materials
license, this approach is the methodology for allocating the generic
and other regulatory costs to the diverse fee categories. This fee
calculation method also considers the inspection frequency (priority),
which is indicative of the safety risk and resulting regulatory costs
associated with the categories of licenses.
In comparison to FY 2022, the FY 2023 annual fees are increasing
for 55
[[Page 39131]]
fee categories within the materials users fee class primarily as a
result of an increase in the budgeted resources for: (1) application of
a new decision-making tool to calculate resources for direct inspection
work and support activities; (2) associated materials users rulemaking
activities; and (3) an increase in the fully-costed FTE rate compared
to FY 2022 due to an increase in salaries and benefits. In addition,
annual fees are increasing for the materials users fee class generally
due to the following: (1) the biennial review of licensing and
inspection activities, which affects the distribution of fees across
categories based on the relative level of staff effort; (2) an increase
in generic transportation costs for materials users; and (3) a slight
decrease in the number of materials users licensees from FY 2022.
A constant multiplier is established to recover the total general
costs (including allocated generic transportation costs) of $30.3
million. To derive the constant multiplier, the general cost amount is
divided by the sum of all fee categories (application fee plus the
inspection fee divided by inspection priority) then multiplied by the
number of licensees. This calculation results in a constant multiplier
of 1.10 for FY 2023. The average inspection cost is the average
inspection hours for each fee category multiplied by the professional
hourly rate of $300. The inspection priority is the interval between
routine inspections, expressed in years. The inspection multiplier is
established in order to recover the $9.3 million in inspection costs.
To derive the inspection multiplier, the inspection costs amount is
divided by the sum of all fee categories (inspection fee divided by
inspection priority) then multiplied by the number of licensees. This
calculation results in an inspection multiplier of 1.74 for FY 2023.
The unique category costs are any special costs that the NRC has
budgeted for a specific category of licenses. Please see the work
papers for more detail about this classification.
The annual fee being assessed to each licensee also takes into
account a share of approximately $0.1 million in LLW surcharge costs
allocated to the materials users fee class (see Table IV, ``Allocation
of LLW Surcharge, FY 2023,'' in Section III, ``Discussion,'' of this
document). The annual fee for each fee category is shown in the
revision to Sec. 171.16(d).
h. Transportation
The NRC will collect $1.7 million in annual fees to recover generic
transportation budgeted resources in FY 2023, as shown in Table XVII.
The FY 2022 fees are shown for comparison purposes.
Table XVII--Annual Fee Summary Calculations for Transportation
[Dollars in millions]
------------------------------------------------------------------------
FY 2022 final FY 2023 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $10.2 $11.1
Less estimated 10 CFR part 170 receipts. -3.4 -3.4
-------------------------------
Net 10 CFR part 171 resources....... 6.8 7.7
Less generic transportation resources... -5.3 -6.0
Billing adjustments..................... 0.0 0.0
-------------------------------
Total required annual fee recovery.. 1.5 1.7
------------------------------------------------------------------------
In comparison to FY 2022, the FY 2023 annual fee for the
transportation fee class is increasing primarily due to an increase in
the budgeted resources that is partially offset by generic
transportation resources allocated to other fee classes.
In FY 2023, the budgeted resources increased primarily due to: (1)
an increase in the fully-costed FTE rate compared to FY 2022 due to an
increase in salaries and benefits; (2) maintenance for the storage and
transportation information management system; and (3) environmental and
licensing reviews of transportation packages for ATF, other advanced
reactors fuels, and micro-reactors. This increase is offset by a
decrease in budgeted resources associated with rulemaking activities.
The increase in the annual fee is offset by an increase in generic
transportation resources allocated to respective other fee classes due
to a rise in the number of CoCs.
Furthermore, the net result of changes in 10 CFR part 170 estimated
billings result in no change compared to FY 2022. Compared to FY 2022,
an increase in 10 CFR part 170 estimated billings related to the review
of new and amended transportation packages are offset by a decrease in
10 CFR part 170 estimated billings due to delays or the completion of
transportation amendment packages.
Consistent with the policy established in the NRC's FY 2006 final
fee rule (71 FR 30721; May 30, 2006), the NRC recovers generic
transportation costs unrelated to DOE by including those costs in the
annual fees for licensee fee classes. The NRC continues to assess a
separate annual fee under Sec. 171.16, fee category 18.A., for DOE
transportation activities. The amount of the allocated generic
resources is calculated by multiplying the percentage of total CoCs
used by each fee class (and DOE) by the total generic transportation
resources to be recovered.
This resource distribution to the license fee classes and DOE is
shown in Table XVIII. Note that for the non-power production or
utilization facilities fee class, the NRC allocates the distribution to
only those licensees that are subject to annual fees. Although five
CoCs benefit the entire non-power production or utilization facilities
fee class, only three out of 30 operating non-power production or
utilization facilities licensees are subject to annual fees.
Consequently, the number of CoCs used to determine the proportion of
generic transportation resources allocated to annual fees for the non-
power production or utilization facilities fee class has been adjusted
to 0.5 so these licensees are charged a fair and equitable portion of
the total fees. For additional detail see the work papers.
[[Page 39132]]
Table XVIII--Distribution of Transportation Resources, FY 2023
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
Allocated
Number of CoCs Percentage of generic
Licensee fee class/DOE benefiting fee total CoCs transportation
class or DOE resources
----------------------------------------------------------------------------------------------------------------
Materials Users............................................. 24.0 25.7 $2.0
Operating Power Reactors.................................... 6.0 6.4 0.5
Spent Fuel Storage/Reactor Decommissioning.................. 19.0 20.3 1.6
Non-Power Production or Utilization Facilities.............. 0.5 0.5 0.0
Fuel Facilities............................................. 23.0 24.6 1.9
Sub-Total of Generic Transportation Resources............... 72.5 77.5 6.0
DOE......................................................... 21.0 22.5 1.7
---------------------------------------------------
Total................................................... 93.5 100.0 7.8
----------------------------------------------------------------------------------------------------------------
The NRC assesses an annual fee to DOE based on the 10 CFR part 71
CoCs it holds. The NRC, therefore, does not allocate these DOE-related
resources to other licensees' annual fees because these resources
specifically support DOE.
FY 2023--Policy Changes
The NRC made one policy change for FY 2023.
Expand Sec. 171.15 to be technology-inclusive and create an
additional minimum fee and variable rate.
The NRC is amending Sec. 171.15, ``Annual fees: Non-power
production or utilization licenses, reactor licenses, and independent
spent fuel storage licenses,'' to (1) expand the applicability of the
small modular reactor (SMR) variable fee structure to include non-light
water reactor (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). The NRC is
making these changes to be technology inclusive and establish a fair
and equitable approach for assessing annual fees to these SMRs. In
addition, there is the potential for a reduced regulatory effort (and
cost) for the smallest proposed SMRs since these types of facilities
are considerably smaller in size than the current fleet of operating
power reactors, and the level of oversight could be comparable to
facilities in the non-power production or utilization facilities fee
class. This revision retains 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. For the purpose of
calculating NRC fees, an SMR is defined in Sec. Sec. 170.3 and 171.5,
``Definitions,'' as a power reactor with a licensed thermal power
rating of 1,000 MWt or less. The rating is based on an electrical power
generating capacity of 300 megawatts-electric or less per module. This
definition currently applies only to light-water reactors (LWRs). The
final rule provides for a non-LWR SMR's annual fee to be calculated the
same as for a LWR SMR, as a function of its licensed thermal power
rating. In addition to the amendments to Sec. 171.15, the NRC is also
making conforming changes to the relevant definitions in Sec. Sec.
170.3 and 171.5.
In 2016, the NRC published the final rule, ``Variable Annual Fee
Structure for Small Modular Reactors'' (SMR rule) (81 FR 32617; May 24,
2016). The SMR rule provisions in Sec. 171.15 were the direct result
of a multi-year agencywide effort with extensive stakeholder
engagement. The goal of the effort was to address NRC staff and
industry concerns that there may be inequities if SMR licensees were
charged the same annual fee as the current fleet of operating power
reactors, which have much larger thermal power levels and electrical
generating capacity. The SMR rule was limited to LWR SMRs but left open
the possibility of future inclusion of non-LWR SMRs. The NRC stated in
the final rule that, ``[T]he light-water SMR designs that have been
discussed with the NRC in pre-application discussions to date are
similar to the current U.S. operating fleet of reactors in terms of
physical configuration, operational characteristics, and applicability
to the NRC's existing regulatory framework. The NRC may consider the
inclusion of non-light water SMRs in a future rulemaking once the
agency has increased understanding of these factors with respect to
non-light water designs'' (81 FR 32617; May 24, 2016).
After issuing the SMR rule, the NRC continued to engage with
industry, other Federal agencies, the international community, and
other interested stakeholders to develop a knowledge base and
understanding of the characteristics and proposed designs of non-LWR
SMRs. The NRC conducted public meetings with stakeholders to share
information and discuss topics related to the development and licensing
of non-LWRs and participated in preapplication activities with several
applicants. During these public meetings, the NRC staff discussed
possible approaches to assessing annual fees for non-LWR SMRs.
Stakeholders recommended that the NRC consider lower fees for non-LWR
SMRs and requested the NRC proceed with rulemaking expeditiously. In
developing an approach to assess annual fees to future non-LWR SMRs,
the NRC considered stakeholder input from these public meetings and
analyzed a position paper from the Nuclear Energy Institute (NEI),
``NEI Input on NRC Annual Fee Assessment for Non-Light Water
Reactors.''
The NRC is in the process of conducting pre-application reviews for
several LWR and non-LWR commercial SMR designs, but no applications for
SMRs have been submitted for operating licenses under 10 CFR part 50,
``Domestic Licensing of Production and Utilization Facilities,'' or
combined licenses under 10 CFR part 52, ``Licenses, Certifications, and
Approvals for Nuclear Power Plants.'' Under the current regulatory
framework, it will be several years before a new SMR is ready, if
approved, to begin commercial operation and be subject to annual fees
pursuant to 10 CFR part 171. However, industry representatives and
stakeholders have requested prompt NRC action to establish an annual
fee policy for non-LWR SMRs, including micro-reactors, in order to
inform business decisions and to provide regulatory predictability.
Commercial power reactors that are less than or equal to 20 MWt are
considerably smaller in size than the current fleet of operating power
reactors; the NRC anticipates that the level of oversight could be
comparable
[[Page 39133]]
to facilities in the non-power production or utilization facilities fee
class. In addition, non-LWR SMRs that are less than 20 MWt may not
require resident inspectors, similar to the non-power production or
utilization facilities fee class oversight program.
As a result of this multi-year effort, the NRC is amending Sec.
171.15 to be technology inclusive by expanding applicability to non-LWR
SMRs. Additionally, the NRC is changing the minimum fees and the
variable annual fee scale for SMRs that have a licensed thermal power
rating of less than or equal to 250 MWt in order to fairly and
equitably assess annual fees for those SMRs.
The new minimum fee will be equal to the lowest annual fee that is
assessed to the non-power production or utilization facility fee class
and will be the only annual fee assessed for an SMR, or for bundled
units, with a combined licensed thermal power rating per site that is
less than or equal to 20 MWt. This change also creates a new variable
annual fee for an SMR or for bundled units with a combined licensed
thermal power rating per site greater than 20 MWt but less than or
equal to 250 MWt that will be added to the minimum fee (the non-power
production or utilization facilities fee class annual fee). This
approach provides for a gradual increase in the annual fee as the
licensed thermal power rating increases. The minimum fee currently
included in Sec. 171.15, which is equal to the average of the spent
fuel storage/reactor decommissioning and non-power production or
utilization facilities fee classes annual fees, is retained as a
component of the annual fee with an added variable fee assessed for an
SMR, or for bundled units, with a combined licensed thermal power
rating per site greater than 250 MWt but less than or equal to 2,000
MWt.
Three different variable fees will be assessed: (1) a new variable
fee assessed for power reactors with a licensed thermal power rating
greater than 20 MWt but less than or equal to 250 MWt; (2) the existing
variable fee assessed for power reactors with a licensed thermal power
rating greater than 250 MWt but less than or equal to 2,000 MWt; and
(3) for bundled units added above 4,500 MWt, the maximum fee (equal to
the annual fee for the operating power reactor fee class) plus a
variable fee will be assessed for the incremental licensed thermal
power rating greater than 4,500 MWt up to 6,500 MWt (another 2,000 MWt
range), which constitutes an additional bundled unit. This pattern for
assessed fees will continue as licensed thermal power rating capacity
is added. The new variable fee provides for a gradual increase in fees
for power reactors above 20 MWt but less than equal to 250 MWt rather
than an abrupt increase to the higher minimum fee once an increment
above 20 MWt is reached.
Without these changes to Sec. 171.15, a non-LWR SMR, regardless of
size, would be required to pay the same annual fee as the operating
power reactors fee class under the NRC's current annual fee structure.
NEIMA requires that 10 CFR part 171 annual fees be assessed in a fair
and equitable manner and, to the maximum extent practicable, be
reasonably related to the cost of providing regulatory services. NEIMA
also provides that annual fees may be based on the allocation of
resources of the Commission among licensees or certificate holders or
classes of licensees or certificate holders. The differences between
SMRs and the existing operating power reactor fleet will result in
significant differences in the anticipated regulatory cost, thus
applying the current fee structure to non-LWR SMRs could be
inconsistent with NEIMA requirements that the NRC's fees be fairly and
equitably allocated among its licensees.
The NRC finds this policy change to be reasonable, fair, and
equitable. Pursuant to Sec. 171.15, annual fees for power reactors
licensed under 10 CFR part 50, or a combined license under 10 CFR part
52, including an SMR licensee, will not commence until the licensee has
notified the NRC in writing of the successful completion of power
ascension testing. The NRC does not expect to license a non-LWR SMR
facility for operation that would be assessed annual fees under 10 CFR
part 171 for several years. However, the NRC made this policy change,
well before operation, to promote regulatory consistency and
transparency, as well as to provide potential non-LWR SMR applicants,
the industry, and the public with notice and opportunity to comment on
the methodology that will be used to calculate 10 CFR part 171 annual
fees for future licensed facilities. Furthermore, the NRC's view is
that this policy change addresses potential inconsistencies in the
current 10 CFR part 171 annual fee structure for future non-LWR SMRs.
This policy change will assist industry in planning and budgeting for
future annual fees and will continue to provide a clear method for
allocating NRC generic expenses to its operating power reactor
licensees.
Because the annual regulatory cost associated with LWR and non-LWR
SMRs is inherently uncertain before such a licensed facility is
operational, the NRC intends to reevaluate the variable annual fee
structure at the appropriate time to ensure consistency with NEIMA.
This re-evaluation will occur once SMR facilities become operational
and sufficient regulatory cost data becomes available. Operational
experience data should provide insights that will identify the
correlation between design features and the level of NRC oversight
typically needed for these new types of power plants as well as inform
whether further annual fee adjustments for SMRs may be needed. As cost
data and operating experience for LWR and non-LWR SMRs are accumulated,
the NRC will propose adjustments to fees as needed to make sure that
the fees assessed to LWR and non-LWR SMRs (and to all operating power
reactors) are commensurate with the regulatory support services
provided by the NRC, consistent with NEIMA.
FY 2023--Administrative Changes
The NRC is making three administrative changes in FY 2023:
1. Amend Table 1 in Sec. 170.31 and Table 2 in Sec. 171.16 to add
Program Code 21131 to fee category 1(A)(2)(c).
On February 1, 2022, staff in the Office of Nuclear Material Safety
and Safeguards added Program Code 21131, ``Medical Isotopes Production
Facility Licensed Under 10 part 70,'' to fee category 1(A)(2)(c). This
program code was created in preparation for future license applications
that the NRC anticipates will be submitted for medical isotopes
production facilities under 10 CFR part 70, ``Domestic Licensing of
Special Nuclear Material.'' The NRC is amending Table 1 in Sec.
170.31, ``Schedule of fees for materials licenses and other regulatory
services, including inspections, and import and export licenses,'' and
Table 2 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 add Program Code 21131 to
fee category 1(A)(2)(c), as the program code is used as the basis for
assessing 10 CFR part 170 service fees at full cost and a future annual
fee under 10 CFR part 171.
2. Amend Sec. 170.12(f), ``Method of payment,'' by clarifying the
types of payments and payment method.
The NRC is amending Sec. 170.12(f), ``Method of payment,'' to add
new payment method options (Amazon Pay and PayPal) now available via
www.Pay.gov. The NRC is also removing the requirement for payment of
invoices
[[Page 39134]]
of $5,000 or more be made via the Automated Clearing House (ACH)
through the NRC's Lockbox Bank. The NRC encourages applicants and
licensees to use the electronic payment options for fee submittal.
3. Change Small Entity Fees.
In developing this final rule, the NRC has conducted a biennial
review of small entity fees to determine whether the NRC should change
those fees. The NRC used the fee methodology developed in FY 2009 to
perform this biennial review (74 FR 27641; June 10, 2009). Based on
this methodology and as a result of the biennial review, the NRC is
increasing the upper tier small entity fee from $4,900 to $5,200, which
constitutes an increase of approximately 6 percent. The lower tier
small entity fee is not increasing and will remain at $1,000. The NRC
believes these fees are reasonable and provide relief to small
entities, while at the same time recovering from those licensees some
of the NRC's costs for activities that benefit them.
III. Public Comment Analysis
Overview of Public Comments
The NRC published a proposed rule on March 3, 2023 (88 FR 13357)
and requested public comment on its proposed revisions to 10 CFR parts
170 and 171. By the close of the comment period, the NRC received seven
written comment submissions on the FY 2023 proposed rule. In general,
commenters were supportive of the specific proposed regulatory changes,
although most commenters expressed concerns about broader fee policy
issues related to the overall size of the NRC's budget, fairness of
fees, transparency, and budget formulation.
The commenters are listed in Table XIX.
Table XIX--FY 2023 Proposed Fee Rule Commenter Submissions
------------------------------------------------------------------------
Commenter Affiliation ADAMS accession No.
------------------------------------------------------------------------
Timothy J. Tate............... Framatome........ ML23093A114
Brian Hunt.................... Honeywell ML23093A123
International--M
etropolis Works
(MTW).
Dr. Jennifer L. Uhle.......... Nuclear Energy ML23093A188
Institute (NEI).
Richard J. Freudenberger...... BWX Technologies, ML23093A189
Inc. (BWXT).
David M. Gullott.............. Constellation ML23093A187
Energy
Generation, LLC
(CEG).
Paul A. Kerl.................. U.S. Department ML23100A189
of Energy (DOE).
Timothy A. Knowles............ Nuclear Fuel ML23109A190
Services, Inc.
(NFS).
------------------------------------------------------------------------
Information about obtaining the complete text of the comment
submissions is available in the ``Availability of Documents,'' section
of this document.
IV. Public Comments and NRC Responses
The NRC has carefully considered the public comments received on
the proposed rule. The comments have been organized into six topics.
Comments from multiple commenters raising similar specific concerns
were combined to capture the common essential issues raised by the
commenters. Comments from a single commenter have been quoted to ensure
accuracy; brackets within those comments are used to show changes that
have been made to the quoted comments.
A. Fuel Facilities Fee Class Budget and Increase in the Annual Fees
Comment: Several commenters expressed concerns about the average
18.5% annual fee increase for all operating fuel cycle facilities,
except for the approximate 203% increase proposed for the uranium
conversion plant, which is expected to restart operations later this
year. The commenters stated that the fuel facilities business line
budget and annual fees decreased each of the prior four fiscal years
(FY 2019-FY 2022) to more accurately reflect the reduced number of
operating facilities and the corresponding reduction in workload. The
commenters expressed concern that despite the number of operating
facilities remaining steady, the proposed annual fee increase is not
based on quantitative workload data or effort factors and does not
reflect the relatively low risk profile of the existing and predicted
fuel cycle facility fleet. The commenters expressed concern that the
basis for the increase in the annual fee is not adequate or clear. The
commenters also expressed concern regarding the increase in the budget
for licensing and oversight activities and the disparity between lower
10 CFR part 170 (service fees) relative to 10 CFR part 171 (annual
fees). (Framatome, BWXT, NEI, and NFS)
Response: The NRC is aware and remains mindful of the impact of its
budget on the fees for the fuel facilities fee class. When formulating
the budget, the NRC takes into consideration various factors, including
workload forecasting, historical data and trends in the business line,
information from licensees and potential applicants, and uncertainty of
projections. The NRC assesses the current environment and performs
workload forecasting, which includes looking for significant drivers
that could impact future workload. These include, but are not limited
to, technical and regulatory developments that have the potential to
generate additional work or reduce work (i.e., pre-application
activities and applications for new fuel facilities, potential major
amendments and license termination requests, rulemaking activities,
guidance development, and oversight of the fuel facilities program).
In addition, the NRC evaluates historical data and trends to
measure how execution in previous years lines up with the budget
assumptions at the time. The NRC uses that data to inform the future
budget and identify areas where the assumptions previously used may
have changed. Historical data allows the NRC to identify trending in
quantity and/or complexity of the planned submittals, and to
incorporate efficiencies gained and lessons learned from previous data.
The NRC also relies on communication from stakeholders to identify
accurate dates for planned submittals (i.e., major amendment requests,
renewals, and new fuel facility applications), including letters of
intent provided by licensees and applicants, and collecting information
from project managers. For large licensing projects, the NRC tries to
balance the appropriate resource needs against the relative certainty
that an application will be submitted on schedule.
While the NRC understands the commenters' concerns regarding the
impact of budget on the existing fuel facilities licensees, NEIMA
requires the NRC to recover, to the maximum extent practicable,
approximately 100 percent
[[Page 39135]]
of its annual budget authority, less the budget authority for excluded
activities, and to do so through a combination of both user fees and
annual fees. This requirement means that fact-of-life changes in the 10
CFR part 170 estimated collections for budgeted workloads (due to
circumstances like delayed or cancelled licensing submittals) may
increase the amount to be recovered through 10 CFR part 171 annual
fees.
As expressed by the commenters, from FY 2019 through FY 2022 the
annual fee for fuel facilities fee class had decreased each year and,
after a significant decrease in the budgeted resources for the fee
class from FY 2019 to FY 2020, budgeted resources had remained
relatively flat from FY 2020 to FY 2022. The decrease in the fuel
facilities budgeted resources over this period appropriately aligned
resources with the projected workload for the fuel facilities fee class
at the time. In FY 2023, the fuel facilities fee class budget did
increase from FY 2022 by $4.2 million, which includes an increase of
5.3 FTE and approximately $0.5 million in contract support, for
licensing, oversight, and rulemaking activities. The FY 2023 fuel
facilities fee class budgeted resources of $26.6 million, which
includes 52.5 FTE and approximately $2.2 million in contract support,
is $3.4 million or approximately 11.3 percent less than the FY 2019
fuel facilities budgeted resources of $30.0 million, which included
66.7 FTE and approximately $2.0 million in contract support.
The FY 2023 CBJ, published in April 2022, explains that the
increase in budgeted resources for the fuel facilities business line
supports activities such as licensing actions related to the enrichment
and manufacturing of high-assay low-enriched uranium fuel, advanced
reactor fuel, and ATF, cybersecurity rulemaking for fuel cycle
facilities, and an increase in the fully-costed FTE rate due to an
increase in salaries and benefits to support Federal pay raises for NRC
employees. Additionally, changing workload drivers, including shift in
licensing action schedules, and the implementation of information
security standards have impacted the FY 2023 budget for the fuel
facilities business line.
Although the NRC is aware of the impact of its budgeted resources
on the fees for fuel facilities licensees subject to 10 CFR part 171
annual fees, the fee class budget is not linearly proportional to the
number of licensees in the fuel facilities fee class. Resources are
required to develop and maintain the infrastructure independent of the
number of operational fuel facilities. The fuel facilities business
line must maintain certain minimum requirements in order to meet the
NRC's regulatory and statutory oversight role. This includes
maintaining expertise in a number of technical areas, including
integrated safety analysis, radiation protection, criticality safety,
chemical safety, fire safety, emergency management, environmental
protection, decommissioning, management measures, material control and
accounting, physical protection, and information security. Budgeted
resources in technical areas are recovered through 10 CFR part 170 user
fees as well as 10 CFR part 171 annual fees. Additionally, the
infrastructure costs include indirect services and the business line
portion of corporate support. Indirect services include rulemaking,
maintaining guidance for licensees, maintaining procedures for NRC
staff, training, and travel. Corporate support includes, but is not
limited to, the cost for information management and technology,
security, facilities management, rent, utilities, human resources,
financial management, and acquisitions.
Consistent with NEIMA, when developing the annual fee rule, the NRC
accounted for changes that occurred in the two-year interval between
the development of the FY 2023 budget request, which began in FY 2021,
and the enactment of the FY 2023 appropriation in December 2022. As
part of developing the annual fee rule, the NRC estimates the amount of
10 CFR part 170 service fees by each fee class by analyzing billing
data and the actual cost of work under NRC contracts that was charged
to licensees and applicants for the previous four quarters. The
estimate, therefore, reflects any recent changes in the NRC's
regulatory activities. The FY 2023 proposed rule utilized four quarters
of the prior year invoice data, while the NRC is using a combination of
two quarters of the prior year and two quarters of the current year
billing data (which is also updated to reflect workload changes) for
the FY 2023 final rule. In the FY 2023 proposed fee rule, the 10 CFR
part 170 estimated service fees for the fuel facilities fee class
increased from $8.0 million in FY 2022 to $9.0 million as shown in the
FY 2023 proposed fee rule, which is an increase of $1.0 million or 12.5
percent compared to FY 2022. As described in the FY 2023 proposed fee
rule, the 10 CFR part 170 estimated billings increased as a result of
the following: (1) the staff's review of the Westinghouse Electric
Company, LLC's license renewal application for the Columbia Fuel
Fabrication Facility, which was completed in September 2022; (2) the
staff's review of the Nuclear Fuel Services U-metal amendment and an
inspection that was delayed due to the COVID-19 pandemic; (3) Louisiana
Energy Services' transition of the Authority to Operate from DOE to the
NRC; and (4) upgrades to NIST-800-53. The increase in 10 CFR part 170
estimated billings was offset by a delay in the submission of X-
Energy's environmental review for the TRISO-X facility.
The NRC continues to actively evaluate resource requirements to
address changes that occur between budget formulation and execution.
The NRC will continue to assess resource requirements, evaluate
programmatic efficiencies, and make changes as appropriate.
No changes were made to this final rule as a result of these
comments.
Comment: Several commenters expressed concerns that they have
finalized their calendar year budgets and funding an 18.5 percent
increase in the FY 2023 annual fees is not currently budgeted and can
only be fulfilled by making difficult resource decisions while
maintaining operational safety and security. (Framatome, BWXT, and NEI)
Response: NEIMA requires the NRC to recover, to the maximum extent
practicable, approximately 100 percent of its annual budget authority,
less the budget authority for excluded activities, through fees by the
end of the fiscal year. The NRC must set its fees in accordance with
its appropriated budget authority. Furthermore, the annual
appropriation cycle places additional constraints upon the NRC. Even
though the NRC does not know the amount of fees it will need to collect
until after it receives an annual appropriation from Congress, the NRC
starts the process of developing the fee rule in the preceding summer
to allow for timely final billing prior to the end of the fiscal year,
consistent with the requirements of NEIMA. This practice ensures that
NRC fees assessed bear a reasonable relationship to the cost of NRC
services.
Furthermore, the NRC must comply with additional statutory
requirements, including the Administrative Procedures Act (APA).
Section 553 of the APA requires the NRC to give the public an
opportunity to comment on a published proposed rule. Moreover, because
OMB has found the fee rule to be a major rule under the Congressional
Review Act, the effective date of the final rule cannot be less than 60
days
[[Page 39136]]
from the date of publication and must allow for timely final billing
prior to the end of the fiscal year. The NRC, therefore, cannot
republish the FY 2023 proposed fee rule to provide advance notification
of all changes within the final rule and meet its statutory
requirements.
The NRC recognizes that the issuance of the fee rule may not
coincide with budget cycles of industry; however, the NRC must
promulgate a notice-and-comment rule based on the most accurate data
available regarding the cost of NRC services in the context of the
NRC's budget for a given fiscal year.
No changes were made to this final rule as a result of these
comments.
B. Fuel Facilities Matrix
Comment: ``Since 2018, the Metropolis facility [MTW] has been
secured in an idle state due to market conditions. The NRC was notified
of the decision to restart the plant on February 15, 2021. The start
date of the production of UF6 was estimated to occur by the end of
March of 2023. The current schedule indicates the earliest date to
produce UF6 will be in April 2023. MTW will only produce UF6 for 2
quarters in FY 2023. A review of the effort factors based on the start-
up of the plant was completed. The effort factor for the Conversion
Powder was increased from 0 to 10 with the Liquid UF6 effort factor
going from 0 to 5. MTW agrees that the effort factor for the liquid
state UF6 is correct based on previous years of plant operation. MTW
does not agree with the Conversion Powder effort factor going from 0 to
10. Additionally, the Conversion Powder effort factor for the Fuel
Fabricators is only listed as 5. This has a much higher safety
significance than the MTW Source Material (Natural U3O8). During the
previous 5 years of operation, prior to the ready idle period, the
effort factor for Conversion Powder at MTW was assigned a value of 1.
To reflect the same level of effort that was used during previous years
of plant operation, MTW asks that the effort factor for the Conversion
Powder be revised from 10 to 1, and the FY 2023 part 171 annual fee be
recalculated using the lower effort factor.'' (Honeywell)
Response: Prior to issuing the final rule, the NRC conducted
additional verification and validation of the data inputs and
calculations on the fuel facilities effort factors matrix. As a result
of this review, the NRC determined that the effort factors for
Honeywell should be revised because of the reinstatement of Security
Order EA-02-025 and a reevaluation of the level of effort associated
with conversion powder during restart and operations.
In the proposed rule, the NRC proposed an effort factor of 0 for
safeguards and 5 for safety for liquid UF6 for Honeywell.
When the effort factors were developed for the proposed rule, Security
Order EA-02-025 was temporarily relaxed while Honeywell was in ready-
idle status. Subsequently, in October 2022, the NRC reinstated Security
Order EA-02-025 at the site. As a result of reinstating Security Order
EA-02-025 at the site, the NRC reevaluated the proposed effort factor
for safeguards and determined that it should be changed from 0 to 5 to
reflect a moderate level of effort. The effort factor for safety for
liquid UF6 for Honeywell remains 5.
In the proposed rule, the NRC also proposed changes to the safety
effort factor for the conversion powder process, a separate process
under the matrix that is assigned its own effort factors. Specifically,
the proposed rule proposed an effort factor of 10 for safety for
conversion powder at Honeywell. The proposed level of effort was based
on Honeywell returning to full operations, which would involve
increased amounts of uranium powder for processing at the site and
increased effort to support the restart. The NRC reevaluated the
proposed effort factor based on the additional information available
from pre-operational inspections conducted at the site and evaluations
of regulated activities during the restart phase. Utilizing actual data
instead of estimates, the re-evaluation concluded that the overall NRC
level of effort during the initial restart phase would be moderate,
would be minimal for the remainder of the restart phase, and would be
minimal once operations were resumed. Therefore, the NRC level of
effort revised the effort factor to 1 for safety for conversion powder.
In summary, for FY 2023, the liquid UF6 effort factors
are revised to safety-5 and safeguards-5, and conversion powder effort
factors are revised to safety-1 and safeguards-0. These changes, along
with adding the effort factors for the other processes in the matrix
that remain unchanged, results in a total effort factor of 19 for the
UF6 Conversion and Deconversion fee category. The revised
total effort factor results in a decrease in the annual fees for the
UF6 Conversion and Deconversion fee category by 16.4 percent
compared to the proposed rule. The decrease in annual fees for the
UF6 Conversion and Deconversion fee category results in a
corresponding average increase of approximately 1.2 percent in all
other fee categories in the fee class. The NRC provides a significant
amount of information in the work papers that details the inputs and
calculations used to develop the fees for each fee category. Specific
information fee calculations for fuel facilities can be found in Table
VIII--Annual Fee Summary Calculation for Fuel Facilities.
C. Operating Power Reactors Fee Class Budget and Declining 10 CFR Part
170 Estimated Billings
Comment: Several commenters expressed concerns that the NRC's
operating power reactors fee class budget is too large and that there
is a growing disparity between 10 CFR part 170 and 10 CFR part 171. The
commenters expressed the view that over the past five years, the 10 CFR
part 170 service fee collections have decreased by 39 percent, while
the budget for operating reactors has decreased by less than 1 percent.
As a result, a greater percentage of the budget is required to be
recovered through annual fees and, as such, this points to a need to
revalue the NRC's budget and fee collection model. (NEI and CEG)
Response: The NRC is aware and remains mindful of the impact of its
budget on the fees for operating power reactors licensees. The
operating power reactors fee class supports the activities of the
operating reactors and new reactors business lines, including both
direct-billable licensing actions and those general activities that
indirectly support the agency's mission in these areas. The NRC's FY
2023 CBJ provided the agency's explanation and justification for the
resources being requested to allow the agency to complete its mission,
and the reason for the changes in the budget request for the NRC
compared to the prior year.
When formulating the budget, the NRC takes into consideration
various factors, including workload forecasting, historical data and
trends in the business line, information from licensees and potential
applicants, and uncertainty of projections. The NRC assesses the
current environment and performs workload forecasting, which includes
looking for significant drivers that could impact the future workload.
These include, but are not limited to, technical and regulatory
developments that have the potential to generate additional work or
reduce work (i.e., rulemaking, a guidance change that could drive new
submittals, or known plant closures that will reduce the overall size
of the program). In addition, the NRC reviews historical data and
trends to measure how execution in previous years lines up with the
budget
[[Page 39137]]
assumptions at the time. The NRC uses that data to inform the future
budget and identify areas where the assumptions previously used may
have changed. The NRC also relies on communications from stakeholders
to identify plant submittals, including letters of intent, collecting
information from project managers, considering responses to the
periodic regulatory issue summaries, and the level of pre-application
activities. In budgeting for large licensing projects, the NRC tries to
balance the anticipated resource needs against the relative certainty
that an application will be submitted on schedule.
In FY 2023, the operating power reactors fee class is $665.3
million, which includes approximately 1,245 FTE and $86.6 million in
contract support. This represents an increase from FY 2022 of $19.9
million, which includes a decrease of approximately 41 FTE primarily in
licensing and oversight activities. Compared to FY 2017, the FY 2023
operating power reactors fee class budget decreased by $5.0 million, or
approximately 0.7 percent less than the FY 2017 operating power
reactors budgeted resources of $670.3 million, which included
approximately 1,532 FTE and $66.0 million in contract support. The
$19.9 million increase in the operating power reactors fee class budget
is primarily due to increases in the fully-costed FTE rate from an
increase in salaries and benefits. The increase in the annual fee is
partially offset by a decline in FTEs associated with changes in
workload, including but not limited to the following: (1) the closure
of Palisades; (2) delays to planned new reactor design and licensing
applications; and (3) a reduction in resources for the development of
operating reactors licensing action infrastructure for process
improvements and special projects.
Since FY 2017, service fees directly billed to operating power
reactors under 10 CFR part 170 have decreased from $256.3 million in FY
2017 to $158.9 million as shown in the FY 2023 final fee rule, which
represents a decline of $97.4 million, or approximately 38 percent.
During the same period, the operating power reactors fleet has declined
from 99 to 93.
Further, while the NRC understands the commenters' concerns
regarding the budget for the existing operating power reactor
licensees, NEIMA requires the NRC to recover, to the maximum extent
practicable, approximately 100 percent of its annual budget authority,
less the budget authority for excluded activities. This requirement
means that fact-of-life changes in the 10 CFR part 170 estimated
collections for budgeted workloads (due to circumstances like delayed
or cancelled licensing applications) may increase the amount to be
recovered through 10 CFR part 171 annual fees. NEIMA also caps the per-
licensee annual fee for operating reactors, to the maximum extent
practicable, at the FY 2015 annual fee amount as adjusted for
inflation.
Although the NRC is mindful of the impact of its budgeted resources
on the fees for operating power reactors licensees subject to 10 CFR
part 171 annual fees, the fee class budget is not linearly proportional
to the number of licensees in the operating power reactors fee class.
Resources are required to develop and maintain the infrastructure
independent of the number of operational power reactors. The operating
and new reactors business lines must maintain certain minimum
requirements in order to meet the NRC's regulatory and statutory
oversight role. This includes maintaining expertise by developing and
implementing licensing, oversight, incident response programs, and
rulemaking for reactors. Budgeted resources in technical areas are
recovered through 10 CFR part 170 user fees as well as 10 CFR part 171
annual fees. Additionally, the infrastructure costs include indirect
services and the business line portion of corporate support. Indirect
services include rulemaking, maintaining guidance for licensees,
maintaining procedures for NRC staff, training, and travel. Corporate
support includes, but is not limited to, the cost for information
management and technology, security, facilities management, rent,
utilities, human resources, financial management, and acquisitions.
Consistent with NEIMA, when developing the annual fee rule, the NRC
took into account changes that occurred in the two-year interval
between the development of the FY 2023 budget request, which began in
FY 2021, and the enactment of the FY 2023 appropriation in December
2022. As part of the development of the annual fee rule, the NRC
estimates the amount of 10 CFR part 170 service fees by each fee class
by analyzing billing data and the actual cost of work under NRC
contracts that was charged to licensees and applicants for the previous
four quarters. The estimate, therefore, reflects any recent changes in
the NRC's regulatory activities. The FY 2023 proposed rule utilized
four quarters of the prior year invoice data, while the NRC is using a
combination of two quarters of the prior year and two quarters of the
current year billing data (which is also updated to reflect workload
changes) for the FY 2023 final rule. In the FY 2023 proposed fee rule,
the 10 CFR part 170 estimated service fees for the operating power fee
class decreased from $165.8 million in FY 2022 to $160.2 million as
shown in the FY 2023 proposed fee rule, which is a decrease of $5.6
million or 3.4 percent compared to FY 2022. As described in the FY 2023
proposed fee rule, the 10 CFR part 170 estimated billings decreased as
a result of the following: (1) a decrease in hours associated with the
closure of Palisades and (2) delays to planned new reactor design and
licensing applications, topical reports, and white papers.
With the cap on annual fees for the operating power reactors fee
class, the NRC continues to evaluate resource requirements and
adjustments to address changes that occur between budget formulation
and execution. The NRC will continue to assess resource requirements,
evaluate programmatic efficiencies, and make changes as appropriate.
No changes were made to this final rule as a result of these
comments.
D. Non-Power Production or Utilization Facilities Fee Class
Comment: ``The FY2023 proposed fee rule outlines a 9.8% increase in
annual fees for non-power production or utilization facilities (NPUFs).
Historically, and justifiably, the annual fee for NPUFs has remained
relatively stable, with fluctuations of around 1%. However, that stable
trend was drastically reversed in FY22 when NPUF's received a 12.6%
increase in annual fees (which was the largest increase among all fee
classes for that fiscal year). NRC justified this increase primarily by
the fact that the number of NPUF licensees subject to fees went from 4
to 3. We assumed the hike of FY2022 would allow for a stabilization in
FY2023. Yet, for FY2023, the NRC is proposing another 9.8% annual fee
increase, for which the basis is not clear. The NRC's statement in the
FRN describes the NPUF increase due to the following: `Furthermore, the
proposed annual fee is increasing as a result of an increase in the 10
CFR part 171 billing adjustment (moving from a credit to a surcharge)
due to the timing of invoices issued in FY 2022.' `Timing of invoices'
as the sole justification for a 9.8% increase seems inadequate. In
addition, we urge the NRC to consider the unique role of these
facilities, and how fee increases have a direct impact upon resources
available for research and development. This role is outlined
[[Page 39138]]
under the Atomic Energy Act, section 104(c), and 10 CFR 50.41(b), which
directs the Commission to regulate and license class 104(c) licensees
in a manner that `will permit the conduct of widespread and diverse
research and development.' '' (NEI)
Response: While the timing of invoices was the main contributor to
the increase in the FY 2023 fee for the NPUF fee class, it was not the
sole justification provided for the increase. As discussed in the FY
2023 proposed fee rule, the NPUF budgetary resources decreased
primarily due to the expected completion of the staff's review of the
SHINE operating license application. The decrease in the budgeted
resources was offset by an increase in the fully-costed FTE rate
compared to FY 2022 due to an increase in salaries and benefits. Each
fee class was impacted by the increase in the fully-costed FTE rate due
to the increase in salaries and benefits. In addition, the 10 CFR part
170 estimated billings associated with operating NPUF licensees subject
to annual fees are declining slightly due to less hours needed for
activities associated with the special team inspection and the staff's
review of a complex license amendment associated with the restart of
the NIST Neutron Reactor. The 10 CFR part 170 estimated billings with
respect to the medical isotope production facilities and advanced
research and test reactors are remaining steady when compared with FY
2022 due to the following: (1) the staff's construction and operational
readiness inspection activities for SHINE; (2) the staff's review of
the Kairos Power's, LLC application for a permit to construct a test
reactor; and (3) pre-application meetings due to the anticipated
submission of several license applications. Finally, as the commenter
noted, an additional reason for the proposed annual fee is increasing
is the 10 CFR part 171 billing adjustment (moving from a credit to a
surcharge) due to the timing of invoices issued in FY 2022.
In a March 21, 2023, FY 2023 proposed fee rule public meeting, the
NRC discussed the NPUF fee class over a five-year period and reasons
for the change in the proposed annual fee. Further, the NRC discussed
the billing adjustment, which was the main contributing factor for the
increase in the NPUF proposed annual fee. Billing adjustments are a
combination of invoices issued in a prior fiscal year and paid in the
current fiscal year offset by estimated invoices that are issued in the
current year and paid in a future year. This amount can fluctuate from
year to year based on many different variables including timing of when
the final annual fee invoices are issued due to the effective date of
the fee rule and deferral of debt including payment plans. The ADAMS
accession number for the slides is provided in the ``Availability of
Documents'' section of this document.
Finally, the commenter asserts that the NRC should consider how fee
increases have a direct impact upon resources available for research
and development as described under the Atomic Energy Act, section
104(c), and 10 CFR 50.41(b). The NRC is mindful of the impact of its
budgeted resources on the fees for facilities involved in research and
development, and only requests from Congress those resources necessary
to complete its mission. In FY 2023, the budgetary resources for the
NPUF fee class were necessary to address emerging work needs and
maintaining adequate oversight of the existing fleet of facilities.
NEIMA requires the NRC to recover, to the maximum extent practicable,
approximately 100 percent of the total budget authority appropriated
for the fiscal year, less the budget authority for excluded activities.
No change was made to this final rule in response to this comment.
E. Use of Fee-Based Carryover To Reduce Fees
Comment: Several commenters suggested that the NRC should use its
available discretionary authority to apply fee-based carryover funds
for the purpose of reducing licensee fees. The commenters suggested
that the NRC apply carryover funds in the FY 2023 fee rule for the
purpose of reducing fees and that carryover should be applied from one
year to the next to alleviate costs. (NEI and CEG)
Response: Under NEIMA, the NRC must recover, to the maximum extent
practicable, approximately 100 percent of the total budget authority
appropriated for the fiscal year, less the budget authority for
excluded activities. The NRC's discretionary use of carryover does not
reduce the amount of current-year budget authority appropriated to the
NRC.
No changes were made to this final rule as a result of these
comments.
F. Transparency
Comment: ``Most licensees must estimate and budget their NRC fees
well in advance of the proposed fee rule and typically use recent NRC
fee history in making their estimates. The lack of directed carryover
to offset current fiscal year funding is a significant departure from
this recent fee history and is the cause of budget challenges for
licensees. We strongly encourage the NRC to re-examine the remaining
available carryover and use whatever discretion exists to reallocate
this carryover to offset current year funding needs, consistent with
past NRC budgets. Further, we also strongly encourage the NRC to use
any means available to notify licensees of any substantial changes made
during the crafting of the final rule, e.g., the use of carryover and
the number of operating power reactors assumed. This would allow
licensees additional time needed to realign their own budgets.'' (NEI)
Response: The NRC strives to ensure that the proposed fee rule is
as accurate as possible and explains its assumptions about the
budgetary resources and the number of operating power reactors to
provide the best information available regarding the fiscal year's
proposed fees. The NRC discussed these assumptions during the March 21,
2023, public meeting on the FY 2023 proposed fee rule.
Under NEIMA, the NRC must recover, to the maximum extent
practicable, approximately 100 percent of the total budget authority
appropriated for the fiscal year, less the budget authority for
excluded activities. The NRC's discretionary use of carryover does not
reduce the amount of current-year budget authority appropriated to the
NRC.
Furthermore, the NRC must comply with additional statutory
requirements, including the APA. Section 553 of the APA requires the
NRC to give the public an opportunity to comment on a published
proposed rule. Moreover, because OMB has found the fee rule to be a
major rule under the Congressional Review Act, the effective date of
the final rule cannot be less than 60 days from the date of publication
and must allow for timely final billing prior to the end of the fiscal
year. The NRC, therefore, cannot republish the FY 2023 proposed fee
rule to provide advance notification of all changes within the final
rule and meet its statutory requirements.
No changes were made to this final rule in response to these
comments.
V. Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),\3\ the NRC has prepared a regulatory flexibility analysis
related to this final rule. The regulatory flexibility analysis is
available as indicated in the
[[Page 39139]]
``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).
---------------------------------------------------------------------------
VI. Regulatory Analysis
Under NEIMA, the NRC is required to recover, to the maximum extent
practicable, approximately 100 percent of its annual budget for FY 2023
less the budget authority for excluded activities. The NRC established
fee methodology guidelines for 10 CFR part 170 in 1978 and established
additional fee methodology guidelines for 10 CFR part 171 in 1986. In
subsequent rulemakings, the NRC has adjusted its fees without changing
the underlying principles of its fee policy to ensure that the NRC
continues to comply with the statutory requirements for cost recovery.
In this final rule, the NRC continues this longstanding approach.
Therefore, the NRC did not identify any alternatives to the current fee
structure guidelines and did not prepare a regulatory analysis for this
final rule.
VII. Backfitting and Issue Finality
The NRC has determined that the backfit and issue finality
provisions, Sec. Sec. 50.109, ``Backfitting''; 52.39, ``Finality of
early site permit determinations''; 52.63, ``Finality of standard
design certifications''; 52.83, ``Finality of referenced NRC approvals;
partial initial decision on site suitability''; 52.98, ``Finality of
combined licenses; information requests''; 52.145, ``Finality of
standard design approvals; information requests''; 52.171, ``Finality
of manufacturing licenses; information requests''; and 70.76,
``Backfitting,'' do not apply to this final rule and that a backfit
analysis is not required because these amendments do not require the
modification of, or addition to, (1) systems, structures, components,
or the design of a facility; (2) the design approval or manufacturing
license for a facility; or (3) the procedures or organization required
to design, construct, or operate a facility.
VIII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC wrote this document to be consistent with the Plain
Writing Act, as well as the Presidential Memorandum, ``Plain Language
in Government Writing,'' published June 10, 1998 (63 FR 31885).
IX. National Environmental Policy Act
The NRC has determined that this final rule is the type of action
described in Sec. 51.22(c)(1). Therefore, neither an environmental
impact statement nor environmental assessment has been prepared for
this final rule.
X. Paperwork Reduction Act
This final rule does not contain any new or amended collections of
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501, et seq.). Existing collections of information were approved by
OMB, approval number 3150-0190.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
XI. Congressional Review Act
This final rule is a rule as defined in the Congressional Review
Act of 1996 (5 U.S.C. 801-808). The Office of Management and Budget has
found it to be a major rule as defined in the Congressional Review Act.
XII. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995,
Public Law 104-113, requires that Federal agencies use technical
standards that are developed or adopted by voluntary consensus
standards bodies unless the use of such a standard is inconsistent with
applicable law or otherwise impractical. In this final rule, the NRC is
amending the licensing, inspection, and annual fees charged to its
licensees and applicants, as necessary, to recover, to the maximum
extent practicable, approximately 100 percent of its annual budget for
FY 2023 less the budget authority for excluded activities, as required
by NEIMA. This action does not constitute the establishment of a
standard that contains generally applicable requirements.
XIII. Availability of Guidance
The Small Business Regulatory Enforcement Fairness Act requires all
Federal agencies to prepare a written compliance guide for each rule
for which the agency is required by 5 U.S.C. 604 to prepare a
regulatory flexibility analysis. The NRC, in compliance with the law,
prepared the ``Small Entity Compliance Guide'' for the FY 2023 fee
rule. The compliance guide was developed when the NRC completed the
small entity biennial review. This compliance guide is available as
indicated in the ``Availability of Documents'' section of this
document.
XIV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
ADAMS acccession No./FR
Documents citation/web link
------------------------------------------------------------------------
FY 2023 Final Rule Work Papers............. ML23136A575.
OMB Circular A-25, ``User Charges''........ https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-025.pdf.
SECY-05-0164, ``Annual Fee Calculation ML052580332.
Method,'' dated September 15, 2005.
``Revision of Fee Schedules; Fee Recovery 80 FR 37432.
for Fiscal Year 2015,'' dated June 30,
2015.
NUREG-1100, Volume 38, ``Congressional ML22089A188.
Budget Justification: Fiscal Year 2023''
(April 2022).
``Variable Annual Fee Structure for Small 81 FR 32617.
Modular Reactors,'' dated May 24, 2016.
Revision of Fee Schedules; Fee Recovery for 67 FR 42611.
FY 2002,'' dated June 24, 2002.
``Revision of Fee Schedules; Fee Recovery 71 FR 30721.
for FY 2006,'' dated May 30, 2006.
``Revision of Fee Schedules; Fee Recovery 74 FR 27641.
for FY 2009,'' dated June 10, 2009.
``NEI Input on NRC Annual Fee Assessment ML20328A173.
for Non-Light Water Reactors,'' dated
November 23, 2020.
FY 2023 Proposed Fee Rule Public Meeting ML23076A132.
Slides.
FY 2023 Regulatory Flexibility Analysis.... ML23123A138.
FY 2023 U.S. Nuclear Regulatory Commission ML22347A247.
Small Entity Compliance Guide.
------------------------------------------------------------------------
[[Page 39140]]
List of Subjects
10 CFR Part 170
Byproduct material, Import and export licenses, Intergovernmental
relations, Non-payment penalties, Nuclear energy, Nuclear materials,
Nuclear power plants and reactors, Source material, Special nuclear
material.
10 CFR Part 171
Annual charges, Approvals, Byproduct material, Holders of
certificates, Intergovernmental relations, Nonpayment penalties,
Nuclear materials, Nuclear power plants and reactors, Registrations,
Source material, Special nuclear material.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended, the Energy Reorganization
Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is amending
10 CFR parts 170 and 171 as follows:
PART 170--FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT
LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT
OF 1954, AS AMENDED
0
1. The authority citation for part 170 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 161(w) (42
U.S.C. 2014, 2201(w)); Energy Reorganization Act of 1974, sec. 201
(42 U.S.C. 5841); 42 U.S.C. 2215; 31 U.S.C. 901, 902, 9701; 44
U.S.C. 3504 note.
0
2. In Sec. 170.3, revise the definition for ``Small modular reactor
(SMR)'' to read as follows.
Sec. 170.3 Definitions.
* * * * *
Small modular reactor (SMR) for the purposes of calculating fees,
means the class of power reactors having a licensed thermal power
rating less than or equal to 1,000 MWt per module. This rating is based
on the thermal power equivalent of an SMR with an electrical power
generating capacity of 300 MWe or less per module.
* * * * *
0
3. In Sec. 170.12, revise paragraph (f) to read as follows.
Sec. 170.12 Payment of fees.
* * * * *
(f) Method of payment. All fee payments under 10 CFR part 170 are
to be made payable to the U.S. Nuclear Regulatory Commission. The
payments are to be made in U.S. funds by electronic funds transfer,
such as ACH (Automated Clearing House) using Electronic Data
Interchange (E.D.I.), check, draft, money order, credit card, Amazon
Pay, or PayPal (submit electronic payment at www.Pay.gov or manual
payment using the NRC Form 629, ``Authorization for Payment by Credit
Card''). Specific written instructions for making electronic payments
and credit card payments may be obtained by contacting the Office of
the Chief Financial Officer at 301-415-7554. In accordance with
Department of the Treasury requirements, refunds will only be made upon
receipt of information on the payee's financial institution and bank
accounts.
* * * * *
Sec. 170.20 [Amended]
0
4. In Sec. 170.20, remove the dollar amount ``$290'' and add in its
place the dollar amount ``$300''.
0
5. In Sec. 170.31, revise table 1 to read as follows:
Sec. 170.31 Schedule of fees for materials licenses and other
regulatory services, including inspections, and import and export
licenses.
* * * * *
Table 1 to Sec. 170.31--Schedule of Materials Fees
[See footnotes at end of table]
------------------------------------------------------------------------
Category of materials licenses and type
of fees \1\ Fees \2\ \3\
------------------------------------------------------------------------
1. Special nuclear material: \11\
A. (1) Licenses for possession and
use of U-235 or plutonium for fuel
fabrication activities.
(a) Strategic Special Nuclear Full Cost.
Material (High Enriched Uranium)
\6\ [Program Code(s): 21213].
(b) Low Enriched Uranium in Full Cost.
Dispersible Form Used for
Fabrication of Power Reactor
Fuel \6\ [Program Code(s):
21210].
(2) All other special nuclear
materials licenses not included in
Category 1.A. (1) which are licensed
for fuel cycle
activities.\6\......................
(a) Facilities with limited Full Cost.
operations \6\ [Program Code(s):
21240, 21310, 21320].
(b) Gas centrifuge enrichment Full Cost.
demonstration facilities \6\
[Program Code(s): 21205].
(c) Others, including hot cell Full Cost.
facilities \6\ [Program Code(s):
21130, 21131, 21133].
B. Licenses for receipt and storage Full Cost.
of spent fuel and reactor-related
Greater than Class C (GTCC) waste at
an independent spent fuel storage
installation (ISFSI) \6\ [Program
Code(s): 23200].
C. Licenses for possession and use of $1,400.
special nuclear material of less
than a critical mass as defined in
Sec. 70.4 of this chapter in
sealed sources contained in devices
used in industrial measuring
systems, including x-ray
fluorescence analyzers.\4\
Application [Program Code(s): 22140].
D. All other special nuclear material $2,800.
licenses, except licenses
authorizing special nuclear material
in sealed or unsealed form in
combination that would constitute a
critical mass, as defined in Sec.
70.4 of this chapter, for which the
licensee shall pay the same fees as
those under Category 1.A.\4\
Application [Program Code(s): 22110,
22111, 22120, 22131, 22136, 22150,
22151, 22161, 22170, 23100, 23300,
23310].
E. Licenses or certificates for Full Cost.
construction and operation of a
uranium enrichment facility \6\
[Program Code(s): 21200].
F. Licenses for possession and use of Full Cost.
special nuclear material greater
than critical mass as defined in
Sec. 70.4 of this chapter, for
development and testing of
commercial products, and other non-
fuel-cycle activities.\4\ \6\
[Program Code(s): 22155].
2. Source material: \11\
A. (1) Licenses for possession and Full Cost.
use of source material for refining
uranium mill concentrates to uranium
hexafluoride or for deconverting
uranium hexafluoride in the
production of uranium oxides for
disposal \6\ [Program Code(s):
11400].
(2) Licenses for possession and
use of source material in
recovery operations such as
milling, in-situ recovery, heap-
leaching, ore buying stations,
ion-exchange facilities, and in
processing of ores containing
source material for extraction
of metals other than uranium or
thorium, including licenses
authorizing the possession of
byproduct waste material
(tailings) from source material
recovery operations, as well as
licenses authorizing the
possession and maintenance of a
facility in a standby mode.\6\
(a) Conventional and Heap Full Cost.
Leach facilities \6\
[Program Code(s): 11100].
[[Page 39141]]
(b) Basic In Situ Recovery Full Cost.
facilities \6\ [Program
Code(s): 11500].
(c) Expanded In Situ Recovery Full Cost.
facilities \6\ [Program
Code(s): 11510].
(d) In Situ Recovery Resin Full Cost.
facilities \6\ [Program
Code(s): 11550].
(e) Resin Toll Milling Full Cost.
facilities \6\ [Program
Code(s): 11555].
(f) Other facilities \6\ Full Cost.
[Program Code(s): 11700].
(3) Licenses that authorize the Full Cost.
receipt of byproduct material,
as defined in section 11e.(2) of
the Atomic Energy Act, from
other persons for possession and
disposal, except those licenses
subject to the fees in Category
2.A.(2) or Category 2.A.(4) \6\
[Program Code(s): 11600, 12000].
(4) Licenses that authorize the Full Cost.
receipt of byproduct material,
as defined in section 11e.(2) of
the Atomic Energy Act, from
other persons for possession and
disposal incidental to the
disposal of the uranium waste
tailings generated by the
licensee's milling operations,
except those licenses subject to
the fees in Category 2.A.(2) \6\
[Program Code(s): 12010].
B. Licenses which authorize the $1,300.
possession, use, and/or installation
of source material for shielding.
\7\ \8\ Application [Program
Code(s): 11210].
C. Licenses to distribute items $6,400.
containing source material to
persons exempt from the licensing
requirements of part 40 of this
chapter. Application [Program
Code(s): 11240].
D. Licenses to distribute source $3,000.
material to persons generally
licensed under part 40 of this
chapter. Application [Program
Code(s): 11230, 11231].
E. Licenses for possession and use of $2,800.
source material for processing or
manufacturing of products or
materials containing source material
for commercial distribution.
Application [Program Code(s): 11710].
F. All other source material $2,800.
licenses. Application [Program
Code(s): 11200, 11220, 11221, 11300,
11800, 11810, 11820].
3. Byproduct material: \11\
A. Licenses of broad scope for the $14,000.
possession and use of byproduct
material issued under parts 30 and
33 of this chapter for processing or
manufacturing of items containing
byproduct material for commercial
distribution. Number of locations of
use: 1-5. Application [Program
Code(s): 03211, 03212, 03213].
(1). Licenses of broad scope for $18,600.
the possession and use of
byproduct material issued under
parts 30 and 33 of this chapter
for processing or manufacturing
of items containing byproduct
material for commercial
distribution. Number of
locations of use: 6-20.
Application [Program Code(s):
04010, 04012, 04014].
(2). Licenses of broad scope for $23,300.
the possession and use of
byproduct material issued under
parts 30 and 33 of this chapter
for processing or manufacturing
of items containing byproduct
material for commercial
distribution. Number of
locations of use: more than 20.
Application [Program Code(s):
04011, 04013, 04015].
B. Other licenses for possession and $3,900.
use of byproduct material issued
under part 30 of this chapter for
processing or manufacturing of items
containing byproduct material for
commercial distribution. Number of
locations of use: 1-5. Application
[Program Code(s): 03214, 03215,
22135, 22162].
(1). Other licenses for $5,200.
possession and use of byproduct
material issued under part 30 of
this chapter for processing or
manufacturing of items
containing byproduct material
for commercial distribution.
Number of locations of use: 6-
20. Application [Program
Code(s): 04110, 04112, 04114,
04116].
(2). Other licenses for $6,400.
possession and use of byproduct
material issued under part 30 of
this chapter for processing or
manufacturing of items
containing byproduct material
for commercial distribution.
Number of locations of use: more
than 20. Application [Program
Code(s): 04111, 04113, 04115,
04117].
C. Licenses issued under Sec. Sec. $5,600.
32.72 and/or 32.74 of this chapter
that authorize the processing or
manufacturing and distribution or
redistribution of
radiopharmaceuticals, generators,
reagent kits, and/or sources and
devices containing byproduct
material. This category does not
apply to licenses issued to
nonprofit educational institutions
whose processing or manufacturing is
exempt under Sec. 170.11(a)(4).
Number of locations of use: 1-5.
Application [Program Code(s): 02500,
02511, 02513].
(1). Licenses issued under Sec. $7,500.
Sec. 32.72 and/or 32.74 of
this chapter that authorize the
processing or manufacturing and
distribution or redistribution
of radiopharmaceuticals,
generators, reagent kits, and/or
sources and devices containing
byproduct material. This
category does not apply to
licenses issued to nonprofit
educational institutions whose
processing or manufacturing is
exempt under Sec.
170.11(a)(4). Number of
locations of use: 6-20.
Application [Program Code(s):
04210, 04212, 04214].
(2). Licenses issued under Sec. $9,300.
Sec. 32.72 and/or 32.74 of
this chapter that authorize the
processing or manufacturing and
distribution or redistribution
of radiopharmaceuticals,
generators, reagent kits, and/or
sources and devices containing
byproduct material. This
category does not apply to
licenses issued to nonprofit
educational institutions whose
processing or manufacturing is
exempt under Sec.
170.11(a)(4). Number of
locations of use: more than 20.
Application [Program Code(s):
04211, 04213, 04215].
D. [Reserved]........................ N/A.
E. Licenses for possession and use of $3,400.
byproduct material in sealed sources
for irradiation of materials in
which the source is not removed from
its shield (self-shielded units).
Application [Program Code(s): 03510,
03520].
F. Licenses for possession and use of $7,000.
less than or equal to 10,000 curies
of byproduct material in sealed
sources for irradiation of materials
in which the source is exposed for
irradiation purposes. This category
also includes underwater irradiators
for irradiation of materials where
the source is not exposed for
irradiation purposes. Application
[Program Code(s): 03511].
G. Licenses for possession and use of $66,900.
greater than 10,000 curies of
byproduct material in sealed sources
for irradiation of materials in
which the source is exposed for
irradiation purposes. This category
also includes underwater irradiators
for irradiation of materials where
the source is not exposed for
irradiation purposes. Application
[Program Code(s): 03521].
H. Licenses issued under subpart A of $7,200.
part 32 of this chapter to
distribute items containing
byproduct material that require
device review to persons exempt from
the licensing requirements of part
30 of this chapter. The category
does not include specific licenses
authorizing redistribution of items
that have been authorized for
distribution to persons exempt from
the licensing requirements of part
30 of this chapter. Application
[Program Code(s): 03254, 03255,
03257].
[[Page 39142]]
I. Licenses issued under subpart A of $11,000.
part 32 of this chapter to
distribute items containing
byproduct material or quantities of
byproduct material that do not
require device evaluation to persons
exempt from the licensing
requirements of part 30 of this
chapter. This category does not
include specific licenses
authorizing redistribution of items
that have been authorized for
distribution to persons exempt from
the licensing requirements of part
30 of this chapter. Application
[Program Code(s): 03250, 03251,
03253, 03256].
J. Licenses issued under subpart B of $2,200.
part 32 of this chapter to
distribute items containing
byproduct material that require
sealed source and/or device review
to persons generally licensed under
part 31 of this chapter. This
category does not include specific
licenses authorizing redistribution
of items that have been authorized
for distribution to persons
generally licensed under part 31 of
this chapter. Application [Program
Code(s): 03240, 03241, 03243].
K. Licenses issued under subpart B of $1,200.
part 32 of this chapter to
distribute items containing
byproduct material or quantities of
byproduct material that do not
require sealed source and/or device
review to persons generally licensed
under part 31 of this chapter. This
category does not include specific
licenses authorizing redistribution
of items that have been authorized
for distribution to persons
generally licensed under part 31 of
this chapter. Application [Program
Code(s): 03242, 03244].
L. Licenses of broad scope for $5,900.
possession and use of byproduct
material issued under parts 30 and
33 of this chapter for research and
development that do not authorize
commercial distribution. Number of
locations of use: 1-5. Application
[Program Code(s): 01100, 01110,
01120, 03610, 03611, 03612, 03613].
(1) Licenses of broad scope for $7,900.
possession and use of byproduct
material issued under parts 30
and 33 of this chapter for
research and development that do
not authorize commercial
distribution. Number of
locations of use: 6-20.
Application [Program Code(s):
04610, 04612, 04614, 04616,
04618, 04620, 04622].
(2) Licenses of broad scope for $9,800.
possession and use of byproduct
material issued under parts 30
and 33 of this chapter for
research and development that do
not authorize commercial
distribution. Number of
locations of use: more than 20.
Application [Program Code(s):
04611, 04613, 04615, 04617,
04619, 04621, 04623].
M. Other licenses for possession and $8,900.
use of byproduct material issued
under part 30 of this chapter for
research and development that do not
authorize commercial distribution.
Application [Program Code(s): 03620].
N. Licenses that authorize services
for other licensees, except:
(1) Licenses that authorize only
calibration and/or leak testing
services are subject to the fees
specified in fee Category 3.P.;
and
(2) Licenses that authorize waste $9,600.
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 $10,900.
byproduct material issued under part
34 of this chapter for industrial
radiography operations. Number of
locations of use: 1-5. Application
[Program Code(s): 03310, 03320].
(1). Licenses for possession and $14,500.
use of byproduct material issued
under part 34 of this chapter
for industrial radiography
operations. Number of locations
of use: 6-20. Application
[Program Code(s): 04310, 04312].
(2). Licenses for possession and $18,200.
use of byproduct material issued
under part 34 of this chapter
for industrial radiography
operations. Number of locations
of use: more than 20.
Application [Program Code(s):
04311, 04313].
P. All other specific byproduct $7,400.
material licenses, except those in
Categories 4.A. through 9.D.\9\
Number of locations of use: 1-5.
Application [Program Code(s): 02400,
02410, 03120, 03121, 03122, 03123,
03124, 03130, 03140, 03220, 03221,
03222, 03800, 03810, 22130].
(1). All other specific byproduct $9,900.
material licenses, except those
in Categories 4.A. through 9.D.
\9\ Number of locations of use:
6-20. Application [Program
Code(s): 04410, 04412, 04414,
04416, 04418, 04420, 04422,
04424, 04426, 04428, 04430,
04432, 04434, 04436, 04438].
(2). All other specific byproduct $12,300.
material licenses, except those
in Categories 4.A. through
9.D.\9\ Number of locations of
use: more than 20. Application
[Program Code(s): 04411, 04413,
04415, 04417, 04419, 04421,
04423, 04425, 04427, 04429,
04431, 04433, 04435, 04437,
04439].
Q. Registration of a device(s) $500.
generally licensed under part 31 of
this chapter. Registration.
R. Possession of items or products
containing radium-226 identified in
Sec. 31.12 of this chapter which
exceed the number of items or limits
specified in that section.\5\
1. Possession of quantities $2,800.
exceeding the number of items or
limits in Sec. 31.12(a)(4) or
(5) of this chapter but less
than or equal to 10 times the
number of items or limits
specified. Application [Program
Code(s): 02700].
2. Possession of quantities $2,700.
exceeding 10 times the number of
items or limits specified in
Sec. 31.12(a)(4) or (5) of
this chapter. Application
[Program Code(s): 02710].
S. Licenses for production of $15,300.
accelerator-produced radionuclides.
Application [Program Code(s): 03210].
4. Waste disposal and processing: \11\
A. Licenses specifically authorizing Full Cost.
the receipt of waste byproduct
material, source material, or
special nuclear material from other
persons for the purpose of
contingency storage or commercial
land disposal by the licensee; or
licenses authorizing contingency
storage of low-level radioactive
waste at the site of nuclear power
reactors; or licenses for receipt of
waste from other persons for
incineration or other treatment,
packaging of resulting waste and
residues, and transfer of packages
to another person authorized to
receive or dispose of waste
material. Application [Program
Code(s): 03231, 03233, 03236, 06100,
06101].
B. Licenses specifically authorizing $7,500.
the receipt of waste byproduct
material, source material, or
special nuclear material from other
persons for the purpose of packaging
or repackaging the material. The
licensee will dispose of the
material by transfer to another
person authorized to receive or
dispose of the material. Application
[Program Code(s): 03234].
C. Licenses specifically authorizing $5,400.
the receipt of prepackaged waste
byproduct material, source material,
or special nuclear material from
other persons. The licensee will
dispose of the material by transfer
to another person authorized to
receive or dispose of the material.
Application [Program Code(s): 03232].
5. Well logging: \11\
A. Licenses for possession and use of $4,900.
byproduct material, source material,
and/or special nuclear material for
well logging, well surveys, and
tracer studies other than field
flooding tracer studies. Application
[Program Code(s): 03110, 03111,
03112].
[[Page 39143]]
B. Licenses for possession and use of Full Cost.
byproduct material for field
flooding tracer studies. Licensing
[Program Code(s): 03113].
6. Nuclear laundries: \11\
A. Licenses for commercial collection $23,900.
and laundry of items contaminated
with byproduct material, source
material, or special nuclear
material. Application [Program
Code(s): 03218].
7. Medical licenses: \11\
A. Licenses issued under parts 30, $12,000.
35, 40, and 70 of this chapter for
human use of byproduct material,
source material, or special nuclear
material in sealed sources contained
in gamma stereotactic radiosurgery
units, teletherapy devices, or
similar beam therapy devices. Number
of locations of use: 1-5.
Application [Program Code(s): 02300,
02310].
(1). Licenses issued under parts $15,900.
30, 35, 40, and 70 of this
chapter for human use of
byproduct material, source
material, or special nuclear
material in sealed sources
contained in gamma stereotactic
radiosurgery units, teletherapy
devices, or similar beam therapy
devices. Number of locations of
use: 6-20. Application [Program
Code(s): 04510, 04512].
(2). Licenses issued under parts $19,900.
30, 35, 40, and 70 of this
chapter for human use of
byproduct material, source
material, or special nuclear
material in sealed sources
contained in gamma stereotactic
radiosurgery units, teletherapy
devices, or similar beam therapy
devices. Number of locations of
use: more than 20. Application
[Program Code(s): 04511, 04513].
B. Licenses of broad scope issued to $9,400.
medical institutions or two or more
physicians under parts 30, 33, 35,
40, and 70 of this chapter
authorizing research and
development, including human use of
byproduct material, except licenses
for byproduct material, source
material, or special nuclear
material in sealed sources contained
in teletherapy devices. This
category also includes the
possession and use of source
material for shielding when
authorized on the same license.
Number of locations of use: 1-5.
Application [Program Code(s): 02110].
(1). Licenses of broad scope $12,400.
issued to medical institutions
or two or more physicians under
parts 30, 33, 35, 40, and 70 of
this chapter authorizing
research and development,
including human use of byproduct
material, except licenses for
byproduct material, source
material, or special nuclear
material in sealed sources
contained in teletherapy
devices. This category also
includes the possession and use
of source material for shielding
when authorized on the same
license. Number of locations of
use: 6-20. Application [Program
Code(s): 04710].
(2). Licenses of broad scope $15,500.
issued to medical institutions
or two or more physicians under
parts 30, 33, 35, 40, and 70 of
this chapter authorizing
research and development,
including human use of byproduct
material, except licenses for
byproduct material, source
material, or special nuclear
material in sealed sources
contained in teletherapy
devices. This category also
includes the possession and use
of source material for shielding
when authorized on the same
license. Number of locations of
use: more than 20. Application
[Program Code(s): 04711].
C. Other licenses issued under parts $10,200.
30, 35, 40, and 70 of this chapter
for human use of byproduct material,
source material, and/or special
nuclear material, except licenses
for byproduct material, source
material, or special nuclear
material in sealed sources contained
in teletherapy devices.\10\ Number
of locations of use: 1-5.
Application [Program Code(s): 02120,
02121, 02200, 02201, 02210, 02220,
02230, 02231, 02240, 22160].
(1). Other licenses issued under $13,600.
parts 30, 35, 40, and 70 of this
chapter for human use of
byproduct material, source
material, and/or special nuclear
material, except licenses for
byproduct material, source
material, or special nuclear
material in sealed sources
contained in teletherapy
devices.\10\ Number of locations
of use: 6-20. Application
[Program Code(s): 04810, 04812,
04814, 04816, 04818, 04820,
04822, 04824, 04826, 04828].
(2). Other licenses issued under $17,000.
parts 30, 35, 40, and 70 of this
chapter for human use of
byproduct material, source
material, and/or special nuclear
material, except licenses for
byproduct material, source
material, or special nuclear
material in sealed sources
contained in teletherapy
devices.\10\ Number of locations
of use: more than 20.
Application [Program Code(s):
04811, 04813, 04815, 04817,
04819, 04821, 04823, 04825,
04827, 04829].
8. Civil defense: \11\
A. Licenses for possession and use of $2,800.
byproduct material, source material,
or special nuclear material for
civil defense activities.
Application [Program Code(s): 03710].
9. Device, product, or sealed source
safety evaluation:
A. Safety evaluation of devices or $21,900.
products containing byproduct
material, source material, or
special nuclear material, except
reactor fuel devices, for commercial
distribution. Application--each
device.
B. Safety evaluation of devices or $9,700.
products containing byproduct
material, source material, or
special nuclear material
manufactured in accordance with the
unique specifications of, and for
use by, a single applicant, except
reactor fuel devices. Application--
each device.
C. Safety evaluation of sealed $5,700.
sources containing byproduct
material, source material, or
special nuclear material, except
reactor fuel, for commercial
distribution. Application--each
source.
D. Safety evaluation of sealed $1,100.
sources containing byproduct
material, source material, or
special nuclear material,
manufactured in accordance with the
unique specifications of, and for
use by, a single applicant, except
reactor fuel. Application--each
source.
10. Transportation of radioactive
material:
A. Evaluation of casks, packages, and
shipping containers.
1. Spent Fuel, High-Level Waste, Full Cost.
and plutonium air packages.
2. Other Casks................... Full Cost.
B. Quality assurance program
approvals issued under part 71 of
this chapter.
1. Users and Fabricators.........
Application.................. $4,200.
Inspections.................. Full Cost.
2. Users.........................
Application.................. $4,200.
Inspections.................. Full Cost.
[[Page 39144]]
C. Evaluation of security plans, Full Cost.
route approvals, route surveys, and
transportation security devices
(including immobilization devices).
11. Review of standardized spent fuel Full Cost.
facilities.
12. Special projects: Including Full Cost.
approvals, pre-application/licensing
activities, and inspections. Application
[Program Code: 25110].
13. A. Spent fuel storage cask Full Cost.
Certificate of Compliance.
B. Inspections related to storage of Full Cost.
spent fuel under Sec. 72.210 of
this chapter.
14. Decommissioning/Reclamation: \11\
A. Byproduct, source, or special Full Cost.
nuclear material licenses and other
approvals authorizing
decommissioning, decontamination,
reclamation, or site restoration
activities under parts 30, 40, 70,
72, and 76 of this chapter,
including master materials licenses
(MMLs). The transition to this fee
category occurs when a licensee has
permanently ceased principal
activities. [Program Code(s): 03900,
11900, 21135, 21215, 21325, 22200].
B. Site-specific decommissioning Full Cost.
activities associated with
unlicensed sites, including MMLs,
regardless of whether or not the
sites have been previously licensed.
15. Import and Export licenses: \12\
Licenses issued under part 110 of
this chapter for the import and
export only of special nuclear
material, source material, tritium
and other byproduct material, and
the export only of heavy water, or
nuclear grade graphite (fee
categories 15.A. through 15.E.).
A. Application for export or N/A.
import of nuclear materials,
including radioactive waste
requiring Commission and
Executive Branch review, for
example, those actions under
Sec. 110.40(b) of this
chapter. Application--new
license, or amendment; or
license exemption request.
B. Application for export or N/A.
import of nuclear material,
including radioactive waste,
requiring Executive Branch
review, but not Commission
review. This category includes
applications for the export and
import of radioactive waste and
requires the NRC to consult with
domestic host state authorities
(i.e., Low-Level Radioactive
Waste Compact Commission, the
U.S. Environmental Protection
Agency, etc.). Application--new
license, or amendment; or
license exemption request.
C. Application for export of N/A.
nuclear material, for example,
routine reloads of low enriched
uranium reactor fuel and/or
natural uranium source material
requiring the assistance of the
Executive Branch to obtain
foreign government assurances.
Application--new license, or
amendment; or license exemption
request.
D. Application for export or N/A.
import of nuclear material not
requiring Commission or
Executive Branch review, or
obtaining foreign government
assurances. Application--new
license, or amendment; or
license exemption request.
E. Minor amendment of any active N/A.
export or import license, for
example, to extend the
expiration date, change domestic
information, or make other
revisions which do not involve
any substantive changes to
license terms and conditions or
to the type/quantity/chemical
composition of the material
authorized for export and,
therefore, do not require in-
depth analysis, review, or
consultations with other
Executive Branch, U.S. host
state, or foreign government
authorities. Minor amendment.
Licenses issued under part 110 of
this chapter for the import and
export only of Category 1 and
Category 2 quantities of radioactive
material listed in appendix P to
part 110 of this chapter (fee
categories 15.F. through 15.R.).
Category 1 (Appendix P, 10 CFR part
110) Exports:
F. Application for export of N/A.
appendix P Category 1 materials
requiring Commission review
(e.g., exceptional circumstance
review under Sec. 110.42(e)(4)
of this chapter) and to obtain
one government-to-government
consent for this process. For
additional consent see fee
category 15.I. Application--new
license, or amendment; or
license exemption request.
G. Application for export of N/A.
appendix P Category 1 materials
requiring Executive Branch
review and to obtain one
government-to-government consent
for this process. For additional
consents see fee category 15.I.
Application--new license, or
amendment; or license exemption
request.
H. Application for export of N/A.
appendix P Category 1 materials
and to obtain one government-to-
government consent for this
process. For additional consents
see fee category 15.I.
Application--new license, or
amendment; or license exemption
request.
I. Requests for each additional N/A.
government-to-government consent
in support of an export license
application or active export
license. Application--new
license, or amendment; or
license exemption request.
Category 2 (Appendix P, 10 CFR part
110) Exports:
J. Application for export of N/A.
appendix P Category 2 materials
requiring Commission review
(e.g., exceptional circumstance
review under Sec. 110.42(e)(4)
of this chapter). Application--
new license, or amendment; or
license exemption request.
K. Applications for export of N/A.
appendix P Category 2 materials
requiring Executive Branch
review. Application--new
license, or amendment; or
license exemption request.
L. Application for the export of N/A.
Category 2 materials.
Application--new license, or
amendment; or license exemption
request.
M. [Reserved].................... N/A.
N. [Reserved].................... N/A.
O. [Reserved].................... N/A.
P. [Reserved].................... N/A.
Q. [Reserved].................... N/A.
Minor Amendments (Category 1 and 2,
Appendix P, 10 CFR Part 110,
Export):
R. Minor amendment of any active N/A.
export license, for example, to
extend the expiration date,
change domestic information, or
make other revisions which do
not involve any substantive
changes to license terms and
conditions or to the type/
quantity/chemical composition of
the material authorized for
export and, therefore, do not
require in-depth analysis,
review, or consultations with
other Executive Branch, U.S.
host state, or foreign
authorities. Minor amendment.
[[Page 39145]]
16. Reciprocity: Agreement State $3,000.
licensees who conduct activities under
the reciprocity provisions of Sec.
150.20 of this chapter. Application.
17. Master materials licenses of broad Full Cost.
scope issued to Government agencies.
Application [Program Code(s): 03614].
18. Department of Energy:
A. Certificates of Compliance. Full Cost.
Evaluation of casks, packages, and
shipping containers (including spent
fuel, high-level waste, and other
casks, and plutonium air packages).
B. Uranium Mill Tailings Radiation Full Cost.
Control Act (UMTRCA) activities.
------------------------------------------------------------------------
\1\ Types of fees--Separate charges, as shown in the schedule, will be
assessed for pre-application consultations and reviews; applications
for new licenses, approvals, or license terminations; possession-only
licenses; issuances of new licenses and approvals; certain amendments
and renewals to existing licenses and approvals; safety evaluations of
sealed sources and devices; generally licensed device registrations;
and certain inspections. The following guidelines apply to these
charges:
(1) Application and registration fees. Applications for new materials
licenses and export and import licenses; applications to reinstate
expired, terminated, or inactive licenses, except those subject to
fees assessed at full costs; applications filed by Agreement State
licensees to register under the general license provisions of 10 CFR
150.20; and applications for amendments to materials licenses that
would place the license in a higher fee category or add a new fee
category must be accompanied by the prescribed application fee for
each category.
(i) Applications for licenses covering more than one fee category of
special nuclear material or source material must be accompanied by the
prescribed application fee for the highest fee category.
(ii) Applications for new licenses that cover both byproduct material
and special nuclear material in sealed sources for use in gauging
devices will pay the appropriate application fee for fee category 1.C.
only.
(2) Licensing fees. Fees for reviews of applications for new licenses,
renewals, and amendments to existing licenses, pre-application
consultations and other documents submitted to the NRC for review, and
project manager time for fee categories subject to full cost fees are
due upon notification by the Commission in accordance with Sec.
170.12(b).
(3) Amendment fees. Applications for amendments to export and import
licenses must be accompanied by the prescribed amendment fee for each
license affected. An application for an amendment to an export or
import license or approval classified in more than one fee category
must be accompanied by the prescribed amendment fee for the category
affected by the amendment, unless the amendment is applicable to two
or more fee categories, in which case the amendment fee for the
highest fee category would apply.
(4) Inspection fees. Inspections resulting from investigations conducted
by the Office of Investigations and nonroutine inspections that result
from third-party allegations are not subject to fees. Inspection fees
are due upon notification by the Commission in accordance with Sec.
170.12(c).
(5) Generally licensed device registrations under 10 CFR 31.5.
Submittals of registration information must be accompanied by the
prescribed fee.
\2\ Fees will be charged for approvals issued under a specific exemption
provision of the Commission's regulations under title 10 of the Code
of Federal Regulations (e.g., 10 CFR 30.11, 40.14, 70.14, 73.5, and
any other sections in effect now or in the future), regardless of
whether the approval is in the form of a license amendment, letter of
approval, safety evaluation report, or other form. In addition to the
fee shown, an applicant may be assessed an additional fee for sealed
source and device evaluations as shown in fee categories 9.A. through
9.D.
\3\ Full cost fees will be determined based on the professional staff
time multiplied by the appropriate professional hourly rate
established in Sec. 170.20 in effect when the service is provided,
and the appropriate contractual support services expended.
\4\ Licensees paying fees under categories 1.A., 1.B., and 1.E. are not
subject to fees under categories 1.C., 1.D. and 1.F. for sealed
sources authorized in the same license, except for an application that
deals only with the sealed sources authorized by the license.
\5\ Persons who possess radium sources that are used for operational
purposes in another fee category are not also subject to the fees in
this category. (This exception does not apply if the radium sources
are possessed for storage only.)
\6\ Licensees subject to fees under fee categories 1.A., 1.B., 1.E., or
2.A. must pay the largest applicable fee and are not subject to
additional fees listed in this table.
\7\ Licensees paying fees under 3.C., 3.C.1, or 3.C.2 are not subject to
fees under 2.B. for possession and shielding authorized on the same
license.
\8\ Licensees paying fees under 7.C. are not subject to fees under 2.B.
for possession and shielding authorized on the same license.
\9\ Licensees paying fees under 3.N. are not subject to paying fees
under 3.P., 3.P.1, or 3.P.2 for calibration or leak testing services
authorized on the same license.
\10\ Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject
to paying fees under 7.C., 7.C.1, or 7.C.2. for broad scope licenses
issued under parts 30, 35, 40, and 70 of this chapter for human use of
byproduct material, source material, and/or special nuclear material,
except licenses for byproduct material, source material, or special
nuclear material in sealed sources contained in teletherapy devices
authorized on the same license.
\11\ A materials license (or part of a materials license) that
transitions to fee category 14.A is assessed full-cost fees under 10
CFR part 170, but is not assessed an annual fee under 10 CFR part 171.
If only part of a materials license is transitioned to fee category
14.A, the licensee may be charged annual fees (and any applicable 10
CFR part 170 fees) for other activities authorized under the license
that are not in decommissioning status.
\12\ Because the resources for import and export licensing activities
are identified as a fee-relief activity to be excluded from the fee-
recoverable budget, import and export licensing actions will not incur
fees.
\13\ Licensees paying fees under 4.A., 4.B. or 4.C. are not subject to
paying fees under 3.N. licenses that authorize services for other
licensees authorized on the same license.
PART 171--ANNUAL FEES FOR REACTOR LICENSES AND FUEL CYCLE LICENSES
AND MATERIALS LICENSES, INCLUDING HOLDERS OF CERTIFICATES OF
COMPLIANCE, REGISTRATIONS, AND QUALITY ASSURANCE PROGRAM APPROVALS
AND GOVERNMENT AGENCIES LICENSED BY THE NRC
0
6. The authority citation for part 171 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 161(w), 223,
234 (42 U.S.C. 2014, 2201(w), 2273, 2282); Energy Reorganization Act
of 1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2215; 44 U.S.C. 3504
note.
0
7. In Sec. 171.5, revise the definitions for ``Bundled unit'',
``Minimum fee'', ``Small modular reactor (SMR)'', ``Variable fee'', and
``Variable rate'' to read as follows:
Sec. 171.5 Definitions.
* * * * *
Bundled unit means multiple SMRs on a single site that are
considered a single unit for the purpose of assessing an annual fee. A
bundled unit is assessed an annual fee based on the cumulative licensed
thermal power rating of all licensed SMRs on the same site. The maximum
capacity of a bundled unit is a cumulative licensed thermal power
rating of 4,500 MWt. A single SMR can be part of two bundled units if
it completes the capacity of one
[[Page 39146]]
unit and begins the capacity of an additional unit. 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. Bundled units with capacities greater
than 2,000 MWt and less than or equal to 4,500 MWt are assessed a
maximum fee that is equivalent to the annual fee paid by the current
reactor fleet. Above 4,500 MWt establishes an additional bundled unit.
* * * * *
Minimum fee means the lowest annual fee assessed for an SMR or a
bundled unit in a thermal power rating fee assessment tier.
* * * * *
Small modular reactor (SMR) for the purposes of calculating fees
means the class of power reactors having a licensed thermal power
rating less than or equal to 1,000 MWt per module. This rating is based
on the thermal power equivalent of an SMR with an electrical power
generating capacity of 300 MWe or less per module.
* * * * *
Variable fee means an annual fee component that is added to the
minimum fee. The variable fee is designed to gradually increase as
licensed thermal power capacity is added within the bundled unit fee
assessment tier. The variable fee is calculated as the product of the
incremental increase in the thermal power rating multiplied by the
variable rate.
Variable rate means the factor used to calculate the variable fee
component of the annual fee. To determine the total annual fee, the
incremental increase in the licensed thermal power rating within the
fee assessment tier is multiplied by the variable rate resulting in a
variable fee that is added to the minimum fee. There is a different
factor for each SMR or bundled unit fee assessment tier. Each factor
represents the difference between the lower licensed thermal power
rating within each tier and the actual thermal power rating for the
unit or site.
0
8. In Sec. 171.15, revise paragraphs (b)(1), (b)(2) introductory text,
(c)(1), (c)(2) introductory text, (d)(2) 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 2023 annual fee for each operating power reactor that
must be collected by September 30, 2023, is $5,492,000.
(2) The FY 2023 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 2023 base annual fee for
operating power reactors are as follows:
* * * * *
(c)(1) The FY 2023 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 $261,000.
(2) The FY 2023 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 2023 spent fuel storage/
reactor decommissioning rebaselined annual fee are:
* * * * *
(d) * * *
(2) The annual fees for a small modular reactor(s) located on a
single site to be collected by September 30 of each year, are as
follows:
Table 1 to Paragraph (d)(2)
----------------------------------------------------------------------------------------------------------------
Bundled unit thermal power rating Minimum fee Variable fee Maximum fee
----------------------------------------------------------------------------------------------------------------
First Bundled Unit(s)--cumulative
MWt:
0 MWt <= 20 MWt................. TBD \a\................. N/A.................... N/A.
>20 MWt <= 250 MWt.............. TBD \a\................. TBD \d\................ N/A.
>250 MWt <= 2,000 MWt........... TBD \b\................. TBD \e\................ N/A.
>2,000 MWt <= 4,500 MWt......... N/A..................... N/A.................... TBD.\c\
Additional Bundled Unit(s)--
cumulative MWt (above the first
bundled unit of 4,500 MWt):
0 MWt <= 2,000 MWt.............. N/A..................... TBD \f\................ N/A.
>2,000 MWt <= 4,500 MWt......... N/A..................... N/A.................... TBD.\c\
----------------------------------------------------------------------------------------------------------------
\a\ Annual fee paid by the non-power production or utilization facilities fee class.
\b\ Average of the annual fees for the spent fuel storage/reactor decommissioning and the non-power production
or utilization facilities fee classes.
\c\ Annual fee paid by the operating power reactors fee class.
\d\ [((b)-(a))/230] x the difference between 20 MWt for the first bundled unit(s) and the actual cumulative
licensed thermal power rating up to 250 MWt.
\e\ [((c)-(b))/1,750] x the difference between 250 MWt for the first bundled unit(s) and the actual cumulative
licensed thermal power rating up to 2,000 MWt.
\f\ [((c)-(b))/2,000] x the difference between 4,500 MWt for the first bundled unit(s) and the total actual
cumulative licensed thermal power rating up to 2,000 MWt.
* * * * *
(e) The FY 2023 annual fee for licensees authorized to operate one
or more non-power production or utilization facilities under a single
10 CFR part 50 license, unless the reactor is exempted from fees under
Sec. 171.11(b), is $96,300.
0
9. 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 2023 annual fee is comprised of a base annual fee and
[[Page 39147]]
associated additional charges. The base FY 2023 annual fee is the sum
of budgeted costs for the following activities:
* * * * *
(c) A licensee who is required to pay an annual fee under this
section, in addition to 10 CFR part 72 licenses, may qualify as a small
entity. If a licensee qualifies as a small entity and provides the
Commission with the proper certification along with its annual fee
payment, the licensee may pay reduced annual fees as shown in table 1
to this paragraph (c). Failure to file a small entity certification in
a timely manner could result in the receipt of a delinquent invoice
requesting the outstanding balance due and/or denial of any refund that
might otherwise be due. The small entity fees are as follows:
Table 1 to Paragraph (c)
------------------------------------------------------------------------
Maximum
annual fee
NRC small entity classification per licensed
category
------------------------------------------------------------------------
Small Businesses Not Engaged in Manufacturing (Average
gross receipts over the last 5 completed fiscal years):
$555,000 to $8 million.............................. $5,200
Less than $555,000.................................. 1,000
Small Not-For-Profit Organizations (Annual Gross
Receipts):
$555,000 to $8 million.............................. 5,200
Less than $555,000.................................. 1,000
Manufacturing Entities that Have An Average of 500
Employees or Fewer:
35 to 500 employees................................. 5,200
Fewer than 35 employees............................. 1,000
Small Governmental Jurisdictions (Including publicly
supported educational institutions) (Population):
20,000 to 49,999.................................... 5,200
Fewer than 20,000................................... 1,000
Educational Institutions that are not State or Publicly
Supported, and have 500 Employees or Fewer:
35 to 500 employees................................. 5,200
Fewer than 35 employees............................. 1,000
------------------------------------------------------------------------
(d) The FY 2023 annual fees for materials licensees and holders of
certificates, registrations, or approvals subject to fees under this
section are shown in table 2 to this paragraph (d):
Table 2 to Paragraph (d)--Schedule of Materials Annual Fees and Fees for
Government Agencies Licensed by NRC
[See footnotes at end of table]
------------------------------------------------------------------------
Annual fees \1\
Category of materials licenses \2\ \3\
------------------------------------------------------------------------
1. Special nuclear material:
A. (1) Licenses for possession and use of U-235
or plutonium for fuel fabrication activities....
(a) Strategic Special Nuclear Material (High $5,156,000
Enriched Uranium) \15\ [Program Code(s):
21213]......................................
(b) Low Enriched Uranium in Dispersible Form 1,747,000
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\ 807,000
[Program Code(s): 21310, 21320].............
(b) Gas centrifuge enrichment demonstration N/A
facility \15\ [Program Code(s): 21205]......
(c) Others, including hot cell facility \15\ N/A
[Program Code(s): 21130, 21131, 21133]......
B. Licenses for receipt and storage of spent fuel N/A
and reactor-related Greater than Class C (GTCC)
waste at an independent spent fuel storage
installation (ISFSI) \11\ \15\ [Program Code(s):
23200]..........................................
C. Licenses for possession and use of special 2,900
nuclear material of less than a critical mass,
as defined in Sec. 70.4 of this chapter, in
sealed sources contained in devices used in
industrial measuring systems, including x-ray
fluorescence analyzers. [Program Code(s): 22140]
D. All other special nuclear material licenses, 8,200
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 2,247,000
a uranium enrichment facility \15\ [Program
Code(s): 21200].................................
F. Licenses for possession and use of special 5,100
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 1,095,000
material for refining uranium mill concentrates
to uranium hexafluoride or for deconverting
uranium hexafluoride in the production of
uranium oxides for disposal.\15\ [Program Code:
11400]..........................................
(2) Licenses for possession and use of source
material in recovery operations such as milling,
in-situ recovery, heap-leaching, ore buying
stations, ion-exchange facilities and in
processing of ores containing source material
for extraction of metals other than uranium or
thorium, including licenses authorizing the
possession of byproduct waste material
(tailings) from source material recovery
operations, as well as licenses authorizing the
possession and maintenance of a facility in a
standby mode....................................
(a) Conventional and Heap Leach N/A
facilities.\15\ [Program Code(s): 11100]....
[[Page 39148]]
(b) Basic In Situ Recovery facilities.\15\ 52,200
[Program Code(s): 11500]....................
(c) Expanded In Situ Recovery facilities.\15\ N/A
[Program Code(s): 11510]....................
(d) In Situ Recovery Resin facilities.\15\ \5\ N/A
[Program Code(s): 11550]....................
(e) Resin Toll Milling facilities.\15\ \5\ N/A
[Program Code(s): 11555]....................
(f) Other facilities.\6\ [Program Code(s): \5\ N/A
11700]......................................
(3) Licenses that authorize the receipt of \5\ N/A
byproduct material, as defined in section
11e.(2) of the Atomic Energy Act, from other
persons for possession and disposal, except
those licenses subject to the fees in Category
2.A.(2) or Category 2.A.(4).\15\ [Program
Code(s): 11600, 12000]..........................
(4) Licenses that authorize the receipt of N/A
byproduct material, as defined in section
11e.(2) of the Atomic Energy Act, from other
persons for possession and disposal incidental
to the disposal of the uranium waste tailings
generated by the licensee's milling operations,
except those licenses subject to the fees in
Category 2.A.(2) \15\ [Program Code(s): 12010]..
B. Licenses which authorize the possession, use, 3,100
and/or installation of source material for
shielding.\16, 17\ Application [Program Code(s):
11210]..........................................
C. Licenses to distribute items containing source 11,800
material to persons exempt from the licensing
requirements of part 40 of this chapter.
[Program Code: 11240]...........................
D. Licenses to distribute source material to 6,000
persons generally licensed under part 40 of this
chapter. [Program Code(s): 11230 and 11231].....
E. Licenses for possession and use of source 7,500
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 10,200
Code(s): 11200, 11220, 11221, 11300, 11800,
11810, 11820]...................................
3. Byproduct material:
A. Licenses of broad scope for possession and use 32,400
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 43,000
possession and use of byproduct material
issued under parts 30 and 33 of this chapter
for processing or manufacturing of items
containing byproduct material for commercial
distribution. Number of locations of use: 6-
20. [Program Code(s): 04010, 04012, 04014]..
(2). Licenses of broad scope for the 53,800
possession and use of byproduct material
issued under parts 30 and 33 of this chapter
for processing or manufacturing of items
containing byproduct material for commercial
distribution. Number of locations of use:
more than 20. [Program Code(s): 04011,
04013, 04015]...............................
B. Other licenses for possession and use of 11,200
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: 1-5.
[Program Code(s): 03214, 03215, 22135, 22162]...
(1). Other licenses for possession and use of 14,800
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. [Program Code(s): 04110,
04112, 04114, 04116]........................
(2). Other licenses for possession and use of 18,300
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: more than 20. [Program Code(s):
04111, 04113, 04115, 04117].................
C. Licenses issued under Sec. Sec. 32.72 and/ 11,000
or 32.74 of this chapter that authorize the
processing or manufacturing and distribution or
redistribution of radiopharmaceuticals,
generators, reagent kits, and/or sources and
devices containing byproduct material. This
category does not apply to licenses issued to
nonprofit educational institutions whose
processing or manufacturing is exempt under Sec.
170.11(a)(4) of this chapter. Number of
locations of use: 1-5. [Program Code(s): 02500,
02511, 02513]...................................
(1). Licenses issued under Sec. Sec. 32.72 14,600
and/or 32.74 of this chapter that authorize
the processing or manufacturing and
distribution or redistribution of
radiopharmaceuticals, generators, reagent
kits, and/or sources and devices containing
byproduct material. This category does not
apply to licenses issued to nonprofit
educational institutions whose processing or
manufacturing is exempt under Sec.
170.11(a)(4). Number of locations of use: 6-
20. [Program Code(s): 04210, 04212, 04214]..
(2). Licenses issued under Sec. Sec. 32.72 20,000
and/or 32.74 of this chapter that authorize
the processing or manufacturing and
distribution or redistribution of
radiopharmaceuticals, generators, reagent
kits, and/or sources and devices containing
byproduct material. This category does not
apply to licenses issued to nonprofit
educational institutions whose processing or
manufacturing is exempt under Sec.
170.11(a)(4). Number of locations of use:
more than 20. [Program Code(s): 04211,
04213, 04215]...............................
D. [Reserved].................................... \5\ N/A
E. Licenses for possession and use of byproduct 10,500
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 10,400
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 87,100
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]..............
[[Page 39149]]
H. Licenses issued under subpart A of part 32 of 10,800
this chapter to distribute items containing
byproduct material that require device review to
persons exempt from the licensing requirements
of part 30 of this chapter, except specific
licenses authorizing redistribution of items
that have been authorized for distribution to
persons exempt from the licensing requirements
of part 30 of this chapter. [Program Code(s):
03254, 03255, 03257]............................
I. Licenses issued under subpart A of part 32 of 15,800
this chapter to distribute items containing
byproduct material or quantities of byproduct
material that do not require device evaluation
to persons exempt from the licensing
requirements of part 30 of this chapter, except
for specific licenses authorizing redistribution
of items that have been authorized for
distribution to persons exempt from the
licensing requirements of part 30 of this
chapter. [Program Code(s): 03250, 03251, 03253,
03256]..........................................
J. Licenses issued under subpart B of part 32 of 4,200
this chapter to distribute items containing
byproduct material that require sealed source
and/or device review to persons generally
licensed under part 31 of this chapter, except
specific licenses authorizing redistribution of
items that have been authorized for distribution
to persons generally licensed under part 31 of
this chapter. [Program Code(s): 03240, 03241,
03243]..........................................
K. Licenses issued under subpart B of part 32 of 3,100
this chapter to distribute items containing
byproduct material or quantities of byproduct
material that do not require sealed source and/
or device review to persons generally licensed
under part 31 of this chapter, except specific
licenses authorizing redistribution of items
that have been authorized for distribution to
persons generally licensed under part 31 of this
chapter. [Program Code(s): 03242, 03244]........
L. Licenses of broad scope for possession and use 15,100
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 20,100
and use of product material issued under
parts 30 and 33 of this chapter for research
and development that do not authorize
commercial distribution. Number of locations
of use: 6-20. [Program Code(s): 04610,
04612, 04614, 04616, 04618, 04620, 04622]...
(2) Licenses of broad scope for possession 24,900
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 15,500
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
licensees, except:
(1) Licenses that authorize only calibration 17,000
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 37,900
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 50,700
byproduct material issued under part 34 of
this chapter for industrial radiography
operations. This category also includes the
possession and use of source material for
shielding authorized under part 40 of this
chapter when authorized on the same license.
Number of locations of use: 6-20. [Program
Code(s): 04310, 04312]......................
(2). Licenses for possession and use of 63,300
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: more than 20.
[Program Code(s): 04311, 04313].............
P. All other specific byproduct material 12,300
licenses, except those in Categories 4.A.
through 9.D.\18\ Number of locations of use: 1-
5. [Program Code(s): 02400, 02410, 03120, 03121,
03122, 03123, 03124, 03140, 03130, 03220, 03221,
03222, 03800, 03810, 22130].....................
(1). All other specific byproduct material 16,400
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 20,400
licenses, except those in Categories 4.A.
through 9.D.\18\ Number of locations of use:
more than 20. [Program Code(s): 04411,
04413, 04415, 04417, 04419, 04421, 04423,
04425, 04427, 04429, 04431, 04433, 04435,
04437, 04439]...............................
Q. Registration of devices generally licensed \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 7,200
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 7,600
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- 29,800
produced radionuclides [Program Code(s): 03210].
4. Waste disposal and processing:
A. Licenses specifically authorizing the receipt 23,000
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]...................................
[[Page 39150]]
B. Licenses specifically authorizing the receipt 17,500
of waste byproduct material, source material, or
special nuclear material from other persons for
the purpose of packaging or repackaging the
material. The licensee will dispose of the
material by transfer to another person
authorized to receive or dispose of the
material. [Program Code(s): 03234]..............
C. Licenses specifically authorizing the receipt 10,300
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 13,900
material, source material, and/or special
nuclear material for well logging, well surveys,
and tracer studies other than field flooding
tracer studies. [Program Code(s): 03110, 03111,
03112]..........................................
B. Licenses for possession and use of byproduct \5\ N/A
material for field flooding tracer studies.
[Program Code(s): 03113]........................
6. Nuclear laundries:
A. Licenses for commercial collection and laundry 32,700
of items contaminated with byproduct material,
source material, or special nuclear material.
[Program Code(s): 03218]........................
7. Medical licenses:
A. Licenses issued under parts 30, 35, 40, and 70 32,300
of this chapter for human use of byproduct
material, source material, or special nuclear
material in sealed sources contained in gamma
stereotactic radiosurgery units, teletherapy
devices, or similar beam therapy devices. This
category also includes the possession and use of
source material for shielding when authorized on
the same license.\9\ Number of locations of use:
1-5. [Program Code(s): 02300, 02310]............
(1). Licenses issued under parts 30, 35, 40, 42,900
and 70 of this chapter for human use of
byproduct material, source material, or
special nuclear material in sealed sources
contained in gamma stereotactic radiosurgery
units, teletherapy devices, or similar beam
therapy devices. This category also includes
the possession and use of source material
for shielding when authorized on the same
license.\9\ Number of locations of use: 6-
20. [Program Code(s): 04510, 04512].........
(2). Licenses issued under parts 30, 35, 40, 53,700
and 70 of this chapter for human use of
byproduct material, source material, or
special nuclear material in sealed sources
contained in gamma stereotactic radiosurgery
units, teletherapy devices, or similar beam
therapy devices. This category also includes
the possession and use of source material
for shielding when authorized on the same
license.\9\ Number of locations of use: more
than 20. [Program Code(s): 04511, 04513]....
B. Licenses of broad scope issued to medical 46,500
institutions or two or more physicians under
parts 30, 33, 35, 40, and 70 of this chapter
authorizing research and development, including
human use of byproduct material, except licenses
for byproduct material, source material, or
special nuclear material in sealed sources
contained in teletherapy devices. This category
also includes the possession and use of source
material for shielding when authorized on the
same license.\9\ Number of locations of use: 1-
5. [Program Code(s): 02110].....................
(1). Licenses of broad scope issued to 61,700
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\ Number of
locations of use: 6-20. [Program Code(s):
04710]......................................
(2). Licenses of broad scope issued to 77,100
medical institutions or two or more
physicians under parts 30, 33, 35, 40, and
70 of this chapter authorizing research and
development, including human use of
byproduct material, except licenses for
byproduct material, source material, or
special nuclear material in sealed sources
contained in teletherapy devices. This
category also includes the possession and
use of source material for shielding when
authorized on the same license.\9\ Number of
locations of use: more than 20. [Program
Code(s): 04711].............................
C. Other licenses issued under parts 30, 35, 40, 18,000
and 70 of this chapter for human use of
byproduct material, source material, and/or
special nuclear material, except licenses for
byproduct material, source material, or special
nuclear material in sealed sources contained in
teletherapy devices. This category also includes
the possession and use of source material for
shielding when authorized on the same
license.\9\ \19\ Number of locations of use: 1-
5. [Program Code(s): 02120, 02121, 02200, 02201,
02210, 02220, 02230, 02231, 02240, 22160].......
(1). Other licenses issued under parts 30, 24,000
35, 40, and 70 of this chapter for human use
of byproduct material, source material, and/
or special nuclear material, except licenses
for byproduct material, source material, or
special nuclear material in sealed sources
contained in teletherapy devices. This
category also includes the possession and
use of source material for shielding when
authorized on the same license.\9\ \19\
Number of locations of use: 6-20. [Program
Code(s): 04810, 04812, 04814, 04816, 04818,
04820, 04822, 04824, 04826, 04828]..........
(2). Other licenses issued under parts 30, 30,700
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\ \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 7,200
material, source material, or special nuclear
material for civil defense activities. [Program
Code(s): 03710].................................
9. Device, product, or sealed source safety
evaluation:
A. Registrations issued for the safety evaluation 24,100
of devices or products containing byproduct
material, source material, or special nuclear
material, except reactor fuel devices, for
commercial distribution.........................
B. Registrations issued for the safety evaluation 10,700
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 39151]]
C. Registrations issued for the safety evaluation 6,300
of sealed sources containing byproduct material,
source material, or special nuclear material,
except reactor fuel, for commercial distribution
D. Registrations issued for the safety evaluation 1,200
of sealed sources containing byproduct material,
source material, or special nuclear material,
manufactured in accordance with the unique
specifications of, and for use by, a single
applicant, except reactor fuel..................
10. Transportation of radioactive material:
A. Certificates of Compliance or other package
approvals issued for design of casks, packages,
and shipping containers.
1. Spent Fuel, High-Level Waste, and \6\ N/A
plutonium air packages......................
2. Other Casks............................... \6\ N/A
B. Quality assurance program approvals issued
under part 71 of this chapter.
1. Users and Fabricators..................... \6\ N/A
2. Users..................................... \6\ N/A
C. Evaluation of security plans, route approvals, \6\ N/A
route surveys, and transportation security
devices (including immobilization devices)......
11. Standardized spent fuel facilities............... \6\ N/A
12. Special Projects [Program Code(s): 25110]........ \6\ N/A
13. A. Spent fuel storage cask Certificate of \6\ N/A
Compliance..........................................
B. General licenses for storage of spent fuel \12\ N/A
under Sec. 72.210 of this chapter.............
14. Decommissioning/Reclamation:
A. Byproduct, source, or special nuclear material \7\ \20\ N/A
licenses and other approvals authorizing
decommissioning, decontamination, reclamation,
or site restoration activities under parts 30,
40, 70, 72, and 76 of this chapter, including
master materials licenses (MMLs). The transition
to this fee category occurs when a licensee has
permanently ceased principal activities.
[Program Code(s): 03900, 11900, 21135, 21215,
21325, 22200]...................................
B. Site-specific decommissioning activities \7\ N/A
associated with unlicensed sites, including
MMLs, whether or not the sites have been
previously licensed.............................
15. Import and Export licenses....................... \8\ N/A
16. Reciprocity...................................... \8\ N/A
17. Master materials licenses of broad scope issued 390,000
to Government agencies.\15\ [Program Code(s): 03614]
18. Department of Energy:
A. Certificates of Compliance.................... \10\ 1,750,000
B. Uranium Mill Tailings Radiation Control Act 148,000
(UMTRCA) activities [Program Code(s): 03237,
03238]..........................................
------------------------------------------------------------------------
\1\ Annual fees will be assessed based on whether a licensee held a
valid license with the NRC authorizing possession and use of
radioactive material during the current FY. The annual fee is waived
for those materials licenses and holders of certificates,
registrations, and approvals who either filed for termination of their
licenses or approvals or filed for possession only/storage licenses
before October 1 of the current FY, and permanently ceased licensed
activities entirely before this date. Annual fees for licensees who
filed for termination of a license, downgrade of a license, or for a
possession-only license during the FY and for new licenses issued
during the FY will be prorated in accordance with the provisions of
Sec. 171.17. If a person holds more than one license, certificate,
registration, or approval, the annual fee(s) will be assessed for each
license, certificate, registration, or approval held by that person.
For licenses that authorize more than one activity on a single license
(e.g., human use and irradiator activities), annual fees will be
assessed for each category applicable to the license.
\2\ Payment of the prescribed annual fee does not automatically renew
the license, certificate, registration, or approval for which the fee
is paid. Renewal applications must be filed in accordance with the
requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter.
\3\ Each FY, fees for these materials licenses will be calculated and
assessed in accordance with Sec. 171.13 and will be published in the
Federal Register for notice and comment.
\4\ Other facilities include licenses for extraction of metals, heavy
metals, and rare earths.
\5\ There are no existing NRC licenses in these fee categories. If NRC
issues a license for these categories, the Commission will consider
establishing an annual fee for this type of license.
\6\ Standardized spent fuel facilities, 10 CFR parts 71 and 72
Certificates of Compliance and related Quality Assurance program
approvals, and special reviews, such as topical reports, are not
assessed an annual fee because the generic costs of regulating these
activities are primarily attributable to users of the designs,
certificates, and topical reports.
\7\ Licensees in this category are not assessed an annual fee because
they are charged an annual fee in other categories while they are
licensed to operate.
\8\ No annual fee is charged because it is not practical to administer
due to the relatively short life or temporary nature of the license.
\9\ Separate annual fees will not be assessed for pacemaker licenses
issued to medical institutions that also hold nuclear medicine
licenses under fee categories 7.A, 7.A.1, 7.A.2, 7.B., 7.B.1, 7.B.2,
7.C, 7.C.1, or 7.C.2.
\10\ This includes Certificates of Compliance issued to the DOE that are
not funded from the Nuclear Waste Fund.
\11\ See Sec. 171.15(c).
\12\ See Sec. 171.15(c).
\13\ No annual fee is charged for this category because the cost of the
general license registration program applicable to licenses in this
category will be recovered through 10 CFR part 170 fees.
\14\ Persons who possess radium sources that are used for operational
purposes in another fee category are not also subject to the fees in
this category. (This exception does not apply if the radium sources
are possessed for storage only.)
\15\ Licensees subject to fees under categories 1.A., 1.B., 1.E., 2.A.,
and licensees paying fees under fee category 17 must pay the largest
applicable fee and are not subject to additional fees listed in this
table.
\16\ Licensees paying fees under 3.C. are not subject to fees under 2.B.
for possession and shielding authorized on the same license.
\17\ Licensees paying fees under 7.C. are not subject to fees under 2.B.
for possession and shielding authorized on the same license.
\18\ Licensees paying fees under 3.N. are not subject to paying fees
under 3.P., 3.P.1, or 3.P.2 for calibration or leak testing services
authorized on the same license.
\19\ Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject
to paying fees under 7.C., 7.C.1, or 7.C.2 for broad scope license
licenses issued under parts 30, 35, 40, and 70 of this chapter for
human use of byproduct material, source material, and/or special
nuclear material, except licenses for byproduct material, source
material, or special nuclear material in sealed sources contained in
teletherapy devices authorized on the same license.
[[Page 39152]]
\20\ No annual fee is charged for a materials license (or part of a
materials license) that has transitioned to this fee category because
the decommissioning costs will be recovered through 10 CFR part 170
fees, but annual fees may be charged for other activities authorized
under the license that are not in decommissioning status.
\21\ Licensees paying fees under 4.A., 4.B. or 4.C. are not subject to
paying fees under 3.N. licenses that authorize services for other
licensees authorized on the same license.
Dated: June 2, 2023.
For the Nuclear Regulatory Commission.
Howard K. Osborne,
Chief Financial Officer.
[FR Doc. 2023-12696 Filed 6-14-23; 8:45 am]
BILLING CODE 7590-01-P