Revision of Fee Schedules; Fee Recovery for Fiscal Year 2020, 37250-37283 [2020-13031]
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Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 170 and 171
[NRC–2017–0228; Docket No. PRM–171–1;
NRC–2019–0084]
RIN 3150–AK10
Revision of Fee Schedules; Fee
Recovery for Fiscal Year 2020
Nuclear Regulatory
Commission.
ACTION: Final rule.
AGENCY:
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
implement the Omnibus Budget
Reconciliation Act of 1990, as amended
(OBRA–90), which requires the NRC to
recover approximately 90 percent of its
annual budget through fees less certain
amounts excluded from this feerecovery requirement. To mitigate the
financial impact and economic
disruption caused by the COVID–19
Pandemic, the NRC has suspended
billing of annual fees and fees for
services for the 90-day period of April
through June 2020. Deferred fees will be
billed in July 2020.
DATES: This final rule is effective on
August 18, 2020.
ADDRESSES: Please refer to Docket ID
NRC–2017–0228 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–2017–0228. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
final rule.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable 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, 301–
415–4737, or by email to pdr.resource@
nrc.gov. The ADAMS accession number
for each document referenced (if it is
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SUMMARY:
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available in ADAMS) is provided the
first time that it is mentioned in this
document. For the convenience of the
reader, the ADAMS accession numbers
and instructions about obtaining
materials referenced in this document
are provided in the ‘‘Availability of
Documents’’ section of this document.
FOR FURTHER INFORMATION CONTACT:
Anthony Rossi, Office of the Chief
Financial Officer, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
7341; email: Anthony.Rossi@nrc.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background; Statutory Authority
II. Petition for Rulemaking: (PRM–171–1;
NRC–2019–0084)
III. Discussion
IV. Public Comment Analysis
V. Public Comments and NRC Responses
VI. Regulatory Flexibility Certification
VII. Regulatory Analysis
VIII. Backfitting and Issue Finality
IX. Plain Writing
X. National Environmental Policy Act
XI. Paperwork Reduction Act
XII. Congressional Review Act
XIII. Voluntary Consensus Standards
XIV. Availability of Guidance
XV. Availability of Documents
I. Background; Statutory Authority
The NRC’s fee regulations are
primarily governed by two laws: (1) The
Independent Offices Appropriation Act,
1952 (IOAA) (31 U.S.C. 9701), and (2)
OBRA–90 (42 U.S.C. 2214). The IOAA
generally authorizes and encourages
Federal regulatory agencies to recover—
to the fullest extent possible—costs
attributable to services provided to
identifiable recipients. Under OBRA–90,
the NRC must recover approximately 90
percent of its budget authority for the
fiscal year through fees. In FY 2020, the
following appropriated amounts are
excluded from the fee-recovery
requirement: the development of a
regulatory infrastructure for advanced
nuclear reactor technologies,
international activities, generic
homeland security activities, Waste
Incidental to Reprocessing, and
Inspector General services for the
Defense Nuclear Facilities Safety Board.
Under OBRA–90, the NRC must use its
IOAA authority first to collect service
fees for NRC work that provides specific
benefits to identifiable applicants and
licensees (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,
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as amended,’’ authorize the fees the
agency is required to collect from
specific beneficiaries. Because the
NRC’s fee recovery under the IOAA (10
CFR part 170) will not equal 90 percent
of the agency’s budget authority for the
fiscal year, 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 meet OBRA–90’s fee-recovery
requirement.
II. Petition for Rulemaking: (PRM–171–
1; NRC–2019–0084)
On February 28, 2019, the NRC
received a petition for rulemaking
(ADAMS Accession No. ML19081A015)
from Dr. Michael D. Meier, on behalf of
the Southern Nuclear Operating
Company (the petitioner). The petitioner
requested that the NRC revise its
regulations in 10 CFR part 171 related
to the start of the assessment of annual
fees for combined license (COL) holders
licensed under 10 CFR part 52,
‘‘Licenses, Certifications, and Approvals
for Nuclear Power Plants,’’ to align with
the commencement of ‘‘commercial
operation’’ of a licensed nuclear power
plant. Specifically, the petitioner
requested that the NRC revise the timing
of when annual fees commence for COL
holders to coincide with when a reactor
achieves ‘‘commercial operation,’’ rather
than when the NRC finds under
§ 52.103(g) that the acceptance criteria
in the COL are met, after which the
licensee can operate the facility. The
NRC’s regulations at § 171.15 currently
require a 10 CFR part 52 COL holder to
pay the annual fee upon the
Commission’s finding under § 52.103(g).
Public Comment on PRM–171–1
The NRC published a notice of
docketing in the Federal Register (84 FR
26774; June 10, 2019), and requested
public comment on the issues raised in
PRM–171–1. The comment period
closed on July 10, 2019. The NRC
received five public comment
submissions; these comments are
available on www.regulations.gov under
the docket ID NRC–2019–0084.
Comments were submitted by Nuclear
Energy Institute (NEI), several industry
stakeholders, and one non-government
organization, and all comments
supported the petitioner’s request. The
NRC has carefully considered the public
comments received on PRM–171–1, and
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provides this summary and analysis of
the issues raised by the commenters.
Comment: Two commenters
recommended expanding the scope of
the rulemaking to apply to reactors
licensed under 10 CFR part 50 and
small modular reactors with conforming
changes to § 171.19(e)(1).
Response: The NRC agrees with this
comment. A power reactor can submit
an application under 10 CFR parts 50
and part 52; therefore, the NRC found it
reasonable to apply this to change to
both 10 CFR parts. Although this
comment is beyond the scope of PRM–
171–1, the NRC considered this subject
in its rulemaking for annual fees under
10 CFR part 171 within the FY 2020 fee
rule. The annual fee assessment for 10
CFR part 50 power reactor licensees and
10 CFR part 52 COL holders will begin
on the date of the licensee’s written
notification of successful completion of
power ascension testing. The NRC notes
that 10 CFR part 50 includes non-power
reactor licensees (e.g., test reactors,
research reactors) that the commenters
did not separately distinguish. The NRC
will consider, expanding the scope of 10
CFR part 171 to cover other 10 CFR part
50 licensees in a future rulemaking.
Comment: One commenter stated that,
‘‘[t]his is a drop in the bucket of the
overall costs associated with getting the
plant online, but is a great first step in
removing government from the equation
and letting costs be determined by
market forces . . . [licensees] could
then be able to assess their costs and set
prices with the thumb of government
pressing less forcefully on the economic
scales.’’
Response: The NRC disagrees with the
commenter’s suggestion that fees should
be determined by market forces. The
NRC is required by statute, OBRA–90, as
amended, to recover 90 percent of its
budget in fees assessed to licensees, less
portions specifically excluded from fee
recovery or granted as fee-relief. Starting
in FY 2021, the Nuclear Energy
Innovation and Modernization Act
(NEIMA) will increase the amount of the
budget to be recovered to 100 percent,
less portions specifically excluded or
determined by the Commission as feerelief. To maintain the cohesiveness of
NRC’s fee schedules, the Commission
has maintained appropriate policies to
comply with statutory requirements.
The Commission previously addressed
this issue in the statement of
considerations for the FY 2002 final fee
rule (67 FR 42611; June 24, 2002) that
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‘‘the NRC has not based its fees on
licensees’ economic status, market
conditions, or the ability of licensees to
pass through the costs to its customers.’’
In keeping with the agency’s
independent, non-promotional
regulatory role, the NRC’s regulations
deliberately are not tied to economic
viability or profitability, nor has the
NRC assessed fees based on these
concepts.
No changes were made to the final
rule as a result of these comments.
PRM–171–1
Consideration
The petitioner requested that the NRC
consider this rule change within the
context of its annual fee rulemaking to
amend 10 CFR parts 170 and 171 to
collect FY 2020 fees. The NRC
published a notice in the Federal
Register (84 FR 65032; November 26,
2019) that granted partial consideration
by modifying the timing regarding the
assessment of annual fees for 10 CFR
part 52 COL holders in the FY 2020 fee
rule.
Based on its review of PRM–171–1
and the public comments, the NRC is
amending § 171.15(a) to modify the
timing regarding the assessment of
annual fees for 10 CFR part 52 COL
holders. In addition, the NRC is
amending the timing regarding the
assessment of annual fees to apply to
future 10 CFR part 50 power reactor
licensees. See the FY 2020 Policy
Changes section of this final rule for
additional information on the
amendment resulting from PRM–171–1.
III. Discussion
FY 2020 Fee Collection—Overview
The NRC is issuing this FY 2020 final
fee rule based on Public Law (Pub. L.)
116–93—Further Consolidated
Appropriations Act, 2020, (the enacted
budget). The final fee rule reflects a
budget authority in the amount of
$855.6 million, a decrease of $55.4
million from FY 2019. As explained
previously, certain portions of the
NRC’s total budget are excluded from
OBRA–90’s fee-recovery requirement.
Based on the FY 2020 enacted budget,
these exclusions total $46.6 million,
consisting of $15.5 million for the
development of a regulatory
infrastructure for advanced nuclear
reactor technologies; $14.5 million for
international activities; $14.1 million for
generic homeland security activities;
$1.3 million for Waste Incidental to
Reprocessing activities; and $1.2 million
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for Inspector General services for the
Defense Nuclear Facilities Safety Board.
Additionally, OBRA–90 requires the
NRC to recover approximately 90
percent of the remaining budget
authority for the fiscal year—10 percent
of the remaining budget authority need
not be recovered through fees. The NRC
refers to the activities included in this
10-percent as ‘‘fee-relief’’ activities.
After accounting for the fee-recovery
exclusions, the fee-relief activities, and
net billing adjustments (i.e., the sum of
unpaid current year invoices (estimated)
minus payments for prior year invoices,
and current year collections made for
the termination of one operating power
reactor), the NRC must recover
approximately $728.1 million in fees in
FY 2020. Of this amount, the NRC
estimates that $220.2 million will be
recovered through 10 CFR part 170
service fees and approximately $507.9
million will be recovered through 10
CFR part 171 annual fees. Table I
summarizes the fee-recovery amounts
for the FY 2020 final fee rule using the
enacted budget, and taking into account
excluded activities, fee-relief activities,
and net billing adjustments. For all
information presented in the following
tables, individual values may not sum to
totals due to rounding. Please see the
work papers (ADAMS Accession No.
ML20142A363) for actual amounts.
Public Law 116–93—Further
Consolidated Appropriations Act, 2020,
also includes direction for the NRC to
use $40.0 million in prior year
unobligated carryover funds. The use of
carryover funds allows the NRC to
accomplish the work needed without
additional costs to licensees because,
consistent with the requirements of
OBRA–90, fees are calculated based on
the budget authority enacted for the
current fiscal year and not carryover
funds.
The Commission has authorized a
suspension of billing of 10 CFR part 171
annual fees, and 10 CFR part 170 fees
for services, for the 90-day period of
April through June 2020. This action
includes all annual fees that would have
come due during the 90-day period and
fees for services that would have been
billed in April for services rendered
January through March 2020. These
deferred fees will be billed in July 2020.
The NRC took this action to help
mitigate the financial impacts and
economic disruptions caused by the
COVID–19 Pandemic.
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TABLE I—BUDGET AND FEE RECOVERY AMOUNTS 1
[Dollars in millions]
Total Budget Authority .............................................................................................................................................
Less Excluded Fee Items ........................................................................................................................................
$911.0
¥43.4
$855.6
¥46.6
Balance .............................................................................................................................................................
Fee Recovery Percent .............................................................................................................................................
Total Amount to be Recovered ...............................................................................................................................
867.6
90
780.8
808.9
90
728.1
Less Estimated Amount to be Recovered through 10 CFR Part 170 Fees ....................................................
Estimated Amount to be Recovered through 10 CFR Part 171 Fees .............................................................
¥252.1
528.7
¥220.2
507.9
10 CFR Part 171 Billing Adjustments
Unpaid Current Year Invoices (estimated) .......................................................................................................
Less Current Year Collections from a Terminated Reactor—Indian Point Nuclear Generating, Unit 2 .........
Less Payments Received in Current Year for Previous Year Invoices (estimated) ........................................
4.5
0.0
¥2.8
4.5
¥2.7
¥1.7
Adjusted 10 CFR Part 171 Annual Fee Collections Required ................................................................................
$530.5
$507.9
FY 2020 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 would be
applicable to all activities for which fees
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FY 2020
final rule
For FY 2020, the NRC is increasing
the professional hourly rate from $278
to $279. The FY 2019 professional
hourly rate was $278, as discussed in
the statement of considerations for both
the FY 2019 proposed and final fee
rules. During the development of the FY
2020 proposed fee rule, the NRC staff
identified that the amendatory language
for 10 CFR 170.20, ‘‘Average cost per
professional staff-hour,’’ inadvertently
was not updated in FY 2019 to reflect
the professional hourly rate of $278,
which is why the regulatory language in
this final rule continues to show the FY
2018 professional hourly rate of $275.
The NRC has updated the statement of
considerations for the FY 2020 fee rule
and the amendatory language to reflect
the proposed FY 2020 professional
hourly rate of $279.
The slight increase in the FY 2020
professional hourly rate is primarily due
are assessed under §§ 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). 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 missiondirect 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:
to the anticipated decline in number of
mission-direct FTE compared to FY
2019. The hourly rate is inversely
related to the mission-direct FTE
amount, therefore as the number of
mission-direct FTE decrease the hourly
rate can increase. The number of
mission-direct FTE is expected to
decline by 109, primarily due to: (1) The
anticipated completion of the NuScale
small modular reactor (SMR) design
certification review; (2) a reduction in
workload associated with the Clinch
River Nuclear Site (Clinch River) early
site permit; (3) the power reactor plant
closures of Oyster Creek Nuclear
Generating Station (Oyster Creek),
Pilgrim Nuclear Power Station (Pilgrim),
Three Mile Island (TMI) Nuclear
Generating Station, Unit 1 (TMI 1); (4)
the expected decline in submissions for
fuel facility license renewal
applications; (5) the decrease in the
number of fuel facility license
amendments; (6) the termination of the
Mixed-Oxide (MOX) Fuel Fabrication
Facility construction authorization; and
(7) efficiencies gained within the fuel
facilities inspection program. The FY
2020 estimate for annual mission-direct
FTE productive hours is 1,510 hours,
which is unchanged from FY 2019. 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 II shows the
professional hourly rate calculation
methodology. The FY 2019 amounts are
provided for comparison purposes.
1 For each table, numbers may not add due to
rounding.
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TABLE II—PROFESSIONAL HOURLY RATE CALCULATION
[Dollars in millions, except as noted]
FY 2019
final rule
FY 2020
final rule
Mission-Direct Program Salaries & Benefits ...........................................................................................................
Mission-Indirect Program Support ...........................................................................................................................
Agency Support (Corporate Support and the IG) ...................................................................................................
$334.7
$120.6
$304.5
$314.6
$110.8
$291.5
Subtotal .............................................................................................................................................................
Less Offsetting Receipts 2 .......................................................................................................................................
$759.8
$0.0
$716.9
$0.0
Total Budgeted Resources Included in Professional Hourly Rate ...................................................................
Mission-Direct FTE (Whole numbers) .....................................................................................................................
Annual Mission-Direct FTE Productive Hours (Whole numbers) ............................................................................
Mission-Direct FTE Converted to Hours (Mission-Direct FTE multiplied by Annual Mission-Direct FTE Productive Hours) (In Millions) ........................................................................................................................................
Professional Hourly Rate (Total Budgeted Resources Included in Professional Hourly Rate Divided by MissionDirect FTE Converted to Hours) (Whole Numbers) ............................................................................................
$759.8
1,810
1,510
$716.9
1,701
1,510
2,733,100
2,568,510
$278
$279
FY 2020 Fee Collection—Flat
Application Fee Changes
The NRC is amending the flat
application fees it charges in its
schedule of fees in §§ 170.21 and 170.31
to reflect the revised professional hourly
rate of $279. The NRC charges these fees
to applicants for materials licenses and
other regulatory services, as well as
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
2020. As part of its calculations, the
NRC analyzes the actual hours spent
performing licensing actions and
estimates the five-year average
professional staff hours that are needed
to process licensing actions as part of its
biennial review of fees, which is
required by Section 205(a) of the Chief
Financial Officers Act of 1990 (31 U.S.C.
902(a)(8)). The NRC performed this
review in FY 2019 and will perform this
review again in FY 2021. The higher
professional hourly rate of $279 is the
primary reason for the increase in
application fees. Please see the work
papers for more detail.
The NRC rounds these flat fees in
such a way that ensures both
convenience for its stakeholders and
that any rounding effects are minimal.
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 licensing 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
§ 170.31). Because the enacted budget
excludes international activities from
the fee-recoverable budget, import and
exporting licensing activities, funded
through the international activities
product line (see fee categories K.1.
through K.5. of § 170.21 and fee
categories 15.A. through 15.R. of
§ 170.31) will not be charged flat fees
under this final rule. Applications filed
on or after the effective date of the FY
2020 final fee rule will be subject to the
revised fees in this final rule.
FY 2020 Fee Collection—Fee-Relief and
Low-Level Waste Surcharge
As previously noted, OBRA–90
requires the NRC to recover
approximately 90 percent of its annual
budget authority for the fiscal year. The
NRC applies the remaining 10 percent
that is not recovered to offset certain
budgeted activities—see Table III for a
full listing of these ‘‘fee-relief’’
activities. If the amount budgeted for
these fee-relief activities is greater or
less than 10 percent of the NRC’s annual
budget authority (less the fee-recovery
exclusions), then the NRC applies a fee
adjustment (either an increase or
decrease) to all licensees’ annual fees,
based on the percentage of the NRC’s
budgeted resources allocated to each fee
class.
In FY 2020, the amount budgeted for
fee-relief activities is less than the 10
percent threshold. Therefore, the NRC is
assessing a fee-relief credit that
decreases all licensees’ annual fees.
Table III summarizes the fee-relief
activities budgeted for FY 2020. The FY
2019 amounts are provided for
comparison purposes.
TABLE III—FEE-RELIEF ACTIVITIES
[Dollars in millions]
FY 2019
budgeted
resources
final rule
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Fee-relief activities
1. Activities not attributable to an existing NRC licensee or class of licensees:.
a. Agreement State oversight ...........................................................................................................................
b. Scholarships and Fellowships ......................................................................................................................
c. Medical Isotope Production Infrastructure ....................................................................................................
2 The fees collected by the NRC for Freedom of
Information Act (FOIA) services and indemnity fees
(financial protection required of all licensees for
public liability claims at 10 CFR part 140) are
subtracted from the budgeted resources amount
when calculating the 10 CFR part 170 professional
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hourly rate, per the guidance in the Office of
Management and Budget (OMB) Circular A–25,
User Charges. The budgeted resources for FOIA
activities are allocated under the product for
Information Services within the Corporate Support
business line. The budgeted resources for
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$11.5
15.0
5.4
FY 2020
budgeted
resources
final rule
$11.9
16.0
3.1
indemnity activities are allocated under the
Licensing Actions and Research and Test Reactors
products within the Operating Reactors business
line.
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TABLE III—FEE-RELIEF ACTIVITIES—Continued
[Dollars in millions]
FY 2019
budgeted
resources
final rule
Fee-relief activities
FY 2020
budgeted
resources
final rule
2. Activities not assessed under ..............................................................................................................................
10 CFR part 170 service fees or 10 CFR part 171 annual fees based on existing law or Commission policy:.
a. Fee exemption for nonprofit educational institutions ...................................................................................
b. Costs not recovered from small entities under 10 CFR 171.16(c) ..............................................................
c. Regulatory support to Agreement States .....................................................................................................
d. Generic decommissioning/reclamation (not related to the power reactor and spent fuel storage fee
classes) .........................................................................................................................................................
e. Uranium recovery program and unregistered general licensees .................................................................
f. Potential Department of Defense remediation program Memorandum of Understanding activities ............
g. Non-military radium sites ..............................................................................................................................
9.1
8.0
14.7
9.0
7.6
12.2
12.9
7.2
2.1
1.1
12.0
5.2
1.7
0.8
Total fee-relief activities ............................................................................................................................
Less 10 percent of the NRC’s total FY budget (less the fee recovery exclusions) .................................
87.0
¥86.8
79.6
¥80.9
Fee-Relief Adjustment to be Allocated to All Licensees’ Annual Fees .............................................
0.3
¥1.3
Table IV shows how the NRC
allocates the $1.3 million fee-relief
credit to each licensee fee class. In
addition to the fee-relief credit, the NRC
assesses a generic low-level waste
(LLW) surcharge of $3.4 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 by four generator classes:
Academic, industrial, medical, and
utility. The ratio of waste volumes
disposed 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 materials fee classes. The
materials portion is adjusted to account
for the large percentage of materials
licensees that are licensed by the
Agreement States rather than the NRC.
The LLW surcharge amounts have
changed since publication of the
proposed rule. The DOE updated MIMS
with 2020 data; as a result of the update,
the LLW surcharge for operating power
reactors fee class increased from $2.8
million to $3.0 million and the LLW
surcharge decreased from $0.4 million
to $0.3 million for fuel facilities; while
the LLW surcharge remained stable at
$0.1 million for materials users.
Table IV shows the LLW surcharge
and fee-relief credit and allocation
across the various fee classes.
TABLE IV—ALLOCATION OF FEE-RELIEF ADJUSTMENT AND LLW SURCHARGE, FY 2020
[Dollars in millions]
LLW surcharge
Percent
$
Percent
Total
$
$
Operating Power Reactors ..................................................
Spent Fuel Storage/Reactor Decommissioning ...................
Research and Test Reactors ...............................................
Fuel Facilities .......................................................................
Materials Users ....................................................................
Transportation ......................................................................
Rare Earth Facilities ............................................................
Uranium Recovery ...............................................................
87.4
0.0
0.0
10.0
2.6
0.0
0.0
0.0
2.997
0.000
0.000
0.343
0.089
0.000
0.000
0.000
86.4
5.4
0.5
3.4
3.8
0.5
0.0
0.1
¥1.152
¥0.071
¥0.006
¥0.045
¥0.051
¥0.007
0.0
¥0.001
1.845
¥0.071
¥0.006
0.298
0.039
¥0.007
0.0
¥0.001
Total ..............................................................................
100.0
3.430
100.0
¥1.334
2.096
FY 2020 Fee Collection—Revised
Annual Fees
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Fee-relief adjustment
In accordance with SECY–05–0164,
‘‘Annual Fee Calculation Method’’
(ADAMS Accession No. ML052580332),
the NRC rebaselines its annual fees
every year. ‘‘Rebaselining’’ entails
analyzing the budget in detail and then
allocating the budgeted costs to various
classes or subclasses of licensees. It also
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includes updating the number of NRC
licensees in its fee calculation
methodology.
The NRC revised its annual fees in
§§ 171.15 and 171.16 to recover
approximately 90 percent of the NRC’s
FY 2020 enacted budget (less the feerecovery exclusions and the estimated
amount to be recovered through 10 CFR
part 170 fees). The total estimated 10
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CFR part 170 collections for this final
rule are $220.2 million, a decrease of
$31.9 million from the FY 2019 final
rule (see the specific fee class sections
for a discussion of this decrease). The
NRC, therefore, must recover $507.9
million through annual fees from its
licensees, which is a decrease of $22.6
million from the FY 2019 final rule.
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Table V shows the final rebaselined
fees for FY 2020 for a representative list
of licensee categories. The FY 2019
37255
amounts are provided for comparison
purposes.
TABLE V—REBASELINED ANNUAL FEES
[Actual dollars]
FY 2019
final annual
fee
Class/category of licenses
FY 2020
final annual
fee
Operating Power Reactors ......................................................................................................................................
+ Spent Fuel Storage/Reactor Decommissioning ...................................................................................................
$4,669,000
152,000
$4,621,000
188,000
Total, Combined Fee ........................................................................................................................................
Spent Fuel Storage/Reactor Decommissioning ......................................................................................................
Research and Test Reactors (Non-power Reactors) ..............................................................................................
High Enriched Uranium Fuel Facility (Category 1.A.(1)(a)) ....................................................................................
Low Enriched Uranium Fuel Facility (Category 1.A.(1)(b)) .....................................................................................
Uranium Enrichment (Category 1.E) .......................................................................................................................
UF6 Conversion and Deconversion Facility (Category 2.A.(1) ...............................................................................
Basic In Situ Recovery Facilities (Category 2.A.(2)(b)) ..........................................................................................
Typical Users: Radiographers (Category 3O) .........................................................................................................
All Other Specific Byproduct Material Licensees (Category 3P) ............................................................................
Medical Other (Category 7C) ..................................................................................................................................
Device/Product Safety Evaluation—Broad (Category 9A) ......................................................................................
4,821,000
152,000
82,400
6,675,000
2,262,000
3,513,000
1,417,000
49,200
30,200
10,000
15,300
14,300
4,809,000
188,000
81,300
5,067,000
1,717,000
2,208,000
510,000
49,200
29,900
9,700
14,800
13,800
The work papers that support this
final rule show in detail how the NRC
allocates the budgeted resources for
each class of licensees and calculates
the fees.
Paragraphs a. through h. of this
section describe the budgeted resources
allocated to each class of licensees and
the calculations of the rebaselined fees.
For more information about detailed fee
calculations for each class, please
consult the accompanying work papers
for this final rule.
a. Operating Power Reactors
The NRC will collect $439.0 million
in annual fees from the operating power
reactors fee class in FY 2020, as shown
in Table VI. The FY 2019 fees are shown
for comparison purposes.
TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS
[Dollars in millions]
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Summary fee calculations
FY 2019 final
FY 2020 final
Total budgeted resources ........................................................................................................................................
Less estimated 10 CFR part 170 receipts ..............................................................................................................
$670.2
¥217.7
$623.9
¥186.7
Net 10 CFR part 171 resources .......................................................................................................................
Allocated generic transportation ..............................................................................................................................
Fee-relief adjustment/LLW surcharge .....................................................................................................................
Billing adjustment .....................................................................................................................................................
Adjustment: Estimated current year collections from terminated reactor (Indian Point Unit 2) ..............................
452.5
0.2
3.4
1.5
0.0
437.2
0.2
1.9
2.4
¥2.7
Total required annual fee recovery ..................................................................................................................
Total operating reactors ...................................................................................................................................
Annual fee per reactor .............................................................................................................................................
457.6
98
4.669
439.0
95
4.621
In comparison to FY 2019, the
resources budgeted for the operating
power reactors fee class decreased by
$46.3 million due to a decline in FTE
that includes, but is not limited to, the
following: (1) The closures of Oyster
Creek, Pilgrim, and TMI 1; (2) the delay
in receipt of the Utah Associated
Municipal Power System SMR
application; (3) withdrawal of the Blue
Castle large light-water reactor
application; (4) delay in the submittal of
the Advanced Passive 1000 design
certification renewal application; (5) the
near completion of Phase 4 of the
NuScale SMR design certification
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review; (6) the completion of the Clinch
River early site permit technical review;
(7) a reduction in license amendment
requests for the Vogtle Electric
Generating Plant; (8) expected delays in
construction and operating license
application review activities for
Bellefonte Nuclear Station, Units 1 and
2; (9) efficiencies gained from the
merger of the Office of Nuclear Reactor
Regulation and the Office of New
Reactors; and (10) the completion of
flooding and integrated assessment
work related to lessons learned from the
accident at Fukushima Dai-ichi in
Japan. In addition, the total budgeted
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resources decreased due to the
utilization of prior year unobligated
carryover funding.
The 10 CFR part 170 estimated
billings declined primarily due to the
following: (1) Decreases in both
licensing actions and inspections
resulting from the shutdown of the
Pilgrim and TMI 1 reactors at the end of
FY 2019; (2) the shutdown of Indian
Point Nuclear Generating, Unit 2 (Indian
Point 2) during FY 2020; (3) the
completion of the Advanced Power
Reactor-1400 design certification, issued
in FY 2019 for Korea Hydro and Nuclear
Power Co., LTD.; and (4) the completion
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of the NuScale SMR design certification
review and the completion of the Clinch
River early site permit technical review.
This decrease in the 10 CFR part 170
estimated billings is partially offset by
increased work to support the Oklo
Power LLC COL application for the
Aurora micro reactor.
The recoverable budgeted costs are
divided equally among the 95 licensed
operating power reactors, resulting in an
annual fee of $4,621,000 per reactor. As
part of the final annual fee, an
approximate $2,725,000 current year
collection adjustment was included in
the operating power reactors calculation
due to the shutdown of Indian Point 2
as shown in Table VI. Additionally,
each licensed operating power reactor is
assessed the FY 2020 spent fuel storage/
reactor decommissioning annual fee of
$188,000 (see Table VII and the
discussion that follows). The combined
FY 2020 annual fee for each operating
power reactor is $4,809,000.
In FY 2016, the NRC amended its
licensing, inspection, and annual fee
regulations to establish a variable
annual fee structure for light-water
SMRs (81 FR 32617). Under the variable
annual fee structure, an SMR’s annual
fee would be calculated as a function of
its licensed thermal power rating.
Currently, there are no operating SMRs;
therefore, the NRC will not assess an
annual fee in FY 2020 for this type of
licensee.
b. Spent Fuel Storage/Reactor
Decommissioning
The NRC will collect $22.9 million in
annual fees from 10 CFR part 50 power
reactors, and from 10 CFR part 72
licensees that do not hold a 10 CFR part
50 license, to recover the budgeted costs
for the spent fuel storage/reactor
decommissioning fee class, as shown in
Table VII. The FY 2019 fees are shown
for comparison purposes.
TABLE VII—ANNUAL FEE SUMMARY CALCULATIONS FOR SPENT FUEL STORAGE/REACTOR DECOMMISSIONING
[Dollars in millions]
FY 2019
final
Summary fee calculations
FY 2020
final
Total budgeted resources ........................................................................................................................................
Less estimated 10 CFR part 170 receipts ..............................................................................................................
$35.6
¥17.8
$37.9
¥15.9
Net 10 CFR part 171 resources .......................................................................................................................
Allocated generic transportation costs ....................................................................................................................
Fee-relief adjustment ...............................................................................................................................................
Billing adjustments ...................................................................................................................................................
17.8
0.7
0.0
0.1
22.1
0.8
¥0.1
0.1
Total required annual fee recovery ..................................................................................................................
Total spent fuel storage facilities ......................................................................................................................
Annual fee per facility ..............................................................................................................................................
18.6
122
0.152
22.9
122
0.188
In comparison to FY 2019, the
resources budgeted for the spent fuel
storage/reactor decommissioning fee
class increased to support the following:
(1) The review of new storage license
renewal applications for Holtec HIStorm 100, TN–32, TN–68, NAC UMS,
NAC–MPC, Westinghouse W–150, and
GE-Hitachi Morris Operation, which are
expected in FY 2020; (2) inspection
activities related to site preparation for
decommissioning of TMI 1, Pilgrim,
Oyster Creek, and Indian Point; and (3)
fuel performance research. In addition,
budgeted resources for contract costs
increased due to a reduction in the
utilization of prior year unobligated
carryover funding compared to FY 2019.
The 10 CFR part 170 estimated
billings for FY 2020 decreased primarily
due to the following: (1) The completion
of certain follow-up inspections and
enforcement activities for San Onofre
Nuclear Generating Station; (2) a
reduction in the staff’s review of the
Holtec HI–STORE consolidated interim
storage facility application due to the
extension of the public comment period
on the draft environmental impact
statement until the end of July; (3) the
completion of the Oyster Creek license
transfer application and other licensing
activities; and (4) the completion of
amendments, partial site release
requests, and final status surveys at
multiple sites. This decrease in the 10
CFR part 170 estimated billings is
partially offset by increased work to
support the following: (1) License
renewals, amendments, and certificates
of compliance (CoCs) at multiple sites,
and (2) the staff’s review of the Indian
Point 1 and TMI 2 license transfer
applications. The overall decrease in 10
CFR part 170 estimated billings resulted
in an increase in annual fees under 10
CFR part 171.
In addition, the annual fee increased
due to the rise in generic transportation
costs as a result of two new CoCs in FY
2020.
The required annual fee recovery
amount is divided equally among 122
licensees, resulting in an FY 2020
annual fee of $188,000 per licensee.
c. Fuel Facilities
The NRC will collect $18.0 million in
annual fees from the fuel facilities fee
class, as shown in Table VIII. The FY
2019 fees are shown for comparison
purposes.
TABLE VIII—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES
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[Dollars in millions]
FY 2019
final
Summary fee calculations
FY 2020
final
Total budgeted resources ........................................................................................................................................
Less estimated 10 CFR part 170 receipts ..............................................................................................................
$30.0
¥7.3
$23.2
¥6.8
Net 10 CFR part 171 resources .......................................................................................................................
Allocated generic transportation ..............................................................................................................................
Fee-relief adjustment/LLW surcharge .....................................................................................................................
22.7
1.2
0.5
16.5
1.1
0.3
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TABLE VIII—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES—Continued
[Dollars in millions]
FY 2019
final
Summary fee calculations
FY 2020
final
Billing adjustments ...................................................................................................................................................
0.1
0.1
Total remaining required annual fee recovery .................................................................................................
24.5
18.0
In comparison to FY 2019, the
resources budgeted for the fuel facilities
fee class decreased primarily due to the
following: (1) An expected decline in
submissions for license renewal
applications; (2) the decrease in the
number of license amendments; (3) the
termination of the MOX Fuel
Fabrication Facility construction
authorization; (4) efficiencies gained
because of changes to the Fuel Facilities
Inspection Program and workload
projections; and (5) the utilization of
prior year unobligated carryover
funding in FY 2020. The 10 CFR part
170 estimated billings decreased as a
result of the withdrawal of the license
application for the MOX Fuel
Fabrication Facility.
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 31447;
June 10, 1999). To briefly recap, the
matrix groups licensees within this fee
class into various fee categories. The
matrix lists processes 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 FY 2020, the safety and
safeguard factors in the effort factors
matrix for Liquid Uranium Hexafluoride
(UF6) processes at Uranium Conversion
facilities have been reduced from 5
(moderate effort) to 0 (no effort).
Currently, there is one uranium
conversion facility and it is in a ‘‘readyidle’’ status with no processing
operations, and the NRC believes that it
will remain in ‘‘ready-idle’’ position for
FY 2020 and will need to be reassessed
on an annual basis. Regulatory oversight
of processing operations have been
curtailed while the operations are in a
‘‘ready-idle’’ status. Therefore, the
Liquid UF6 processing at Uranium
Conversion facilities safety and
safeguards factors in the effort factors
matrix have been reduced from a 5 to 0
to reflect the curtailed regulatory
oversight of these processes.
TABLE IX—EFFORT FACTORS FOR FUEL FACILITIES, FY 2020
Facility type
(fee category)
High-Enriched Uranium Fuel (1.A.(1)(a)) ....................................................................................
Low-Enriched Uranium Fuel (1.A.(1)(b)) .....................................................................................
Limited Operations (1.A.(2)(a)) ....................................................................................................
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) ..............................................................
Hot Cell (and others) (1.A.(2)(c)) .................................................................................................
Uranium Enrichment (1.E.) ..........................................................................................................
UF6 Conversion and Deconversion (2.A.(1)) ...............................................................................
In FY 2020, the total remaining
amount of annual fees to be recovered,
$18.0 million, is comprised of safety
activities, safeguards activities, and the
fee-relief adjustment/LLW surcharge.
For FY 2020, the total budgeted
resources to be recovered as annual fees
for safety activities are $10.1 million. To
calculate the annual fee, the NRC
allocates this amount to each fee
Effort factors
Number of
facilities
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,
$7.6 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
fee-relief adjustment/LLW surcharge—
Safety
2
3
0
0
0
1
1
Safeguards
88
70
0
0
0
16
7
91
21
0
0
0
23
2
$0.3 million—is allocated to each fee
category based on its percentage of the
total regulatory effort for both safety and
safeguards activities. The annual fee per
licensee is then calculated by dividing
the total allocated budgeted resources
for the fee category by the number of
licensees in that fee category. The fee for
each facility is summarized in Table X.
TABLE X—ANNUAL FEES FOR FUEL FACILITIES
khammond on DSKJM1Z7X2PROD with RULES3
[Actual dollars]
FY 2019
final annual
fee
Facility type
(fee category)
High-Enriched Uranium Fuel (1.A.(1)(a)) ................................................................................................................
Low-Enriched Uranium Fuel (1.A.(1)(b)) .................................................................................................................
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) ..........................................................................................
Hot Cell (and others) (1.A.(2)(c)) .............................................................................................................................
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19JNR3
$6,675,000
2,262,000
N/A
N/A
FY 2020
final annual
fee
$5,067,000
1,717,000
N/A
N/A
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TABLE X—ANNUAL FEES FOR FUEL FACILITIES—Continued
[Actual dollars]
FY 2019
final annual
fee
Facility type
(fee category)
Uranium Enrichment (1.E.) ......................................................................................................................................
UF6 Conversion and Deconversion (2.A.(1)) ..........................................................................................................
d. Uranium Recovery Facilities
The NRC will collect $0.2 million in
annual fees from the uranium recovery
facilities fee class, which is stable
2,909,000
1,417,000
FY 2020
final annual
fee
2,208,000
510,000
compared to FY 2019, as shown in
Table XI. The FY 2019 fees are shown
for comparison purposes.
TABLE XI—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES
[Dollars in millions]
FY 2019
final
Summary fee calculations
FY 2020
final
Total budgeted resources ........................................................................................................................................
Less estimated 10 CFR part 170 receipts ..............................................................................................................
$1.0
¥0.8
$0.6
¥0.4
Net 10 CFR part 171 resources .......................................................................................................................
Allocated generic transportation ..............................................................................................................................
Fee-relief adjustment ...............................................................................................................................................
Billing adjustments ...................................................................................................................................................
0.2
N/A
0.0
0.0
0.2
N/A
0.0
0.0
Total required annual fee recovery ..................................................................................................................
$0.2
$0.2
In comparison to FY 2019, the
budgeted resources and 10 CFR part 170
estimated billings for the uranium
recovery fee class decreased due to the
expected reduction in support for
adjudicatory actions, the uncertainty
associated with the construction of the
NuFuels Crownpoint site in NM and
Powertech Dewey Burdock site in SD,
and Cameco’s continuation to cease U.S.
uranium recovery operations at its Crow
Butte facility in Crawford, NE. Budgeted
resources also decreased to include
additional uranium recovery resources
in the fee-relief category, ‘‘In Situ leach
rulemaking and unregistered general
licenses,’’ in order to ensure the
equitability and the stability of annual
fees.
The NRC regulates DOE’s Title I and
Title II activities under Uranium Mill
Tailings Radiation Control Act
(UMTRCA) 3 and the annual fee
assessed to DOE includes the costs
specifically budgeted for the NRC’s
UMTRCA Title I and II activities, as
well as 10 percent of the remaining
budgeted costs 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 decreased compared to FY
2019 due to an increase in the 10 CFR
part 170 estimated billings for
processing groundwater corrective
action plans site reviews, the
anticipated workload increases at
various DOE UMTRCA sites, and the
fee-relief credit. The NRC assesses the
remaining 90 percent of its budgeted
costs to the remaining licensee in this
fee class, as described in the work
papers. This is reflected in Table XII:
TABLE XII—COSTS RECOVERED THROUGH ANNUAL FEES; URANIUM RECOVERY FEE CLASS
[Actual dollars]
FY 2019
final
annual fee
Summary of costs
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DOE Annual Fee Amount (UMTRCA Title I and Title II) General Licenses:
UMTRCA Title I and Title II budgeted costs less 10 CFR part 170 receipts ..................................................
10 percent of generic/other uranium recovery budgeted costs .......................................................................
10 percent of uranium recovery fee-relief adjustment .....................................................................................
FY 2020
final
annual fee
$115,888
5,431
33
$114,577
5,573
¥107
Total Annual Fee Amount for DOE (rounded) ..........................................................................................
Annual Fee Amount for Other Uranium Recovery Licenses:
90 percent of generic/other uranium recovery budgeted costs less the amounts specifically budgeted for
UMTRCA Title I and Title II activities ...........................................................................................................
90 percent of uranium recovery fee-relief adjustment .....................................................................................
121,000
120,000
48,880
294
50,153
¥959
Total Annual Fee Amount for Other Uranium Recovery Licenses ...........................................................
49,173
49,194
3 The 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
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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
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program, which is directed toward uranium mill
sites licensed by the NRC or Agreement States in
or after 1978.
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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 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, mill tailings disposal facilities,
and uranium water treatment facilities.
The matrix identifies the types of
operating activities that support and
benefit these licensees, along with each
activity’s relative weight (for more
information, see the work papers).
Currently, there is only one remaining
non-DOE licensee which is a Basic In
Situ Recovery facility. Table XIII
displays the benefit factors for the nonDOE licensee in that fee category:
TABLE XIII—BENEFIT FACTORS FOR URANIUM RECOVERY LICENSES
Benefit
factor per
licensee
Number of
licensees
Fee category
Benefit
factor
percent total
Total value
Conventional and Heap Leach mills (2.A.(2)(a)) .............................................
Basic In Situ Recovery facilities (2.A.(2)(b)) ....................................................
Expanded In Situ Recovery facilities (2.A.(2)(c)) ............................................
Section 11e.(2) disposal incidental to existing tailings sites (2.A.(4)) .............
0
1
0
0
0
190
0
0
0
190
0
0
0
100.0
0
0
Total ..........................................................................................................
1
190
190
100.0
The annual fee for the remaining nonDOE 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 2019
final annual
fee
Facility type
(fee category)
Conventional and Heap Leach mills (2.A.(2)(a)) .....................................................................................................
Basic In Situ Recovery facilities (2.A.(2)(b)) ...........................................................................................................
Expanded In Situ Recovery facilities (2.A.(2)(c)) ....................................................................................................
Section 11e.(2) disposal incidental to existing tailings sites (2.A.(4)) .....................................................................
e. Research and Test Reactors (nonpower reactors)
The NRC will collect $0.325 million
in annual fees from the research and test
FY 2020
final annual
fee
N/A
$49,200
N/A
N/A
N/A
$49,200
N/A
N/A
reactor licensee class, as shown in Table
XV. The FY 2019 fees are shown for
comparison purposes.
TABLE XV—ANNUAL FEE SUMMARY CALCULATIONS FOR RESEARCH AND TEST REACTORS
[Actual dollars]
FY 2019
final
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Summary fee calculations
FY 2020
final
Total budgeted resources ........................................................................................................................................
Less estimated 10 CFR part 170 receipts ..............................................................................................................
Net 10 CFR part 171 resources ..............................................................................................................................
Allocated generic transportation ..............................................................................................................................
Fee-relief adjustment ...............................................................................................................................................
Billing adjustments ...................................................................................................................................................
$834,280
¥538,000
296,280
30,971
284
1,901
$3,317,830
¥3,030,000
287,830
30,713
¥6,183
12,980
Total required annual fee recovery ..................................................................................................................
329,436
325,341
Total research and test reactors ......................................................................................................................
4
4
Total annual fee per reactor (rounded) ............................................................................................................
82,400
81,300
In comparison to FY 2019, the
budgeted resources for the research and
test reactors increased primarily within
the medical isotope production facilities
due to the submittal of the SHINE
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Medical Technologies, Inc. (SHINE)
operating license application.
The 10 CFR part 170 estimated
billings also increased due to the
following: (1) The submittal of SHINE’s
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operating license application for a
medical production facility; (2) the
review of Aerotest Operations, Inc.’s
request to amend its operating license to
possession only; and (3) reviews of the
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National Institute of Standards and
Technology and GE-Hitachi Nuclear
Energy America’s, LLC Nuclear Test
Reactor license amendments for security
plan reviews.
The annual fee-recovery amount is
divided equally among the four research
and test reactors subject to annual fees
and results in an FY 2020 annual fee of
$81,300 for each licensee.
f. Rare Earth
The NRC has not allocated any
budgeted resources to this fee class;
therefore, the NRC is not assessing an
annual fee for this fee class in FY 2020.
g. Materials Users
The NRC will collect $34.1 million in
annual fees from materials users
licensed under 10 CFR parts 30, 40, and
70, as shown in Table XVI. The FY 2019
fees changes are shown for comparison
purposes.
TABLE XVI—ANNUAL FEE SUMMARY CALCULATIONS FOR MATERIALS USERS
[Dollars in millions]
FY 2019
final
Summary fee calculations
Total budgeted resources for licensees not regulated by Agreement States .........................................................
Less estimated 10 CFR part 170 receipts ..............................................................................................................
$36.0
¥1.1
$33.7
¥1.0
Net 10 CFR part 171 resources .......................................................................................................................
Allocated generic transportation ..............................................................................................................................
Fee-relief adjustment/LLW surcharge .....................................................................................................................
Billing adjustments ...................................................................................................................................................
35.0
1.2
0.1
0.1
32.8
1.2
0.0
0.1
Total required annual fee recovery ..................................................................................................................
36.4
34.1
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 $34.1
million for FY 2020 shown in Table XVI
consists of $26.6 million for general
costs and $7.5 million for inspection
costs. To equitably and fairly allocate
the $34.1 million required to be
collected among approximately 2,500
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 provides a proxy for allocating
the generic and other regulatory costs to
the diverse fee categories. This feecalculation method also considers the
inspection frequency (priority), which is
indicative of the safety risk and
resulting regulatory costs associated
with the categories of licenses.
The NRC will decrease annual fees for
licensees in this fee class in FY 2020
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FY 2020
final
due to the following: (1) The utilization
of prior year unobligated carryover
funding in FY 2020; (2) reductions of
regional resources for the Nuclear
Regulatory Apprenticeship Network
(formerly the Nuclear Safety
Professional Development Program); (3)
budget estimates that are better aligned
with projected workload; and (4) a
decline in the generic transportation
costs for materials users. The decline in
annual fees for materials users is offset
by a reduction of materials users
licensees from FY 2019.
A constant multiplier is established to
recover the total general costs (including
allocated generic transportation costs) of
$26.6 million. To derive the constant
multiplier, the general cost amount is
divided by the sum of all fee categories
(application fee plus the inspection fee
divided by inspection priority) then
multiplied by the number of licensees.
This calculation results in a constant
multiplier of 1.27 for FY 2020. The
average inspection cost is the average
inspection hours for each fee category
multiplied by the professional hourly
rate of $279. The inspection priority is
the interval between routine
inspections, expressed in years. The
inspection multiplier is established in
order to recover the $7.5 million in
inspection costs. To derive the
inspection multiplier, the inspection
costs amount is divided by the sum of
all fee categories (inspection fee divided
by inspection priority) then multiplied
by the number of licensees. This
calculation results in an inspection
multiplier of 1.48 for FY 2020. 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 assessed to each
licensee also takes into account a share
of the approximately $0.051 million feerelief credit assessment allocated to the
materials users fee class (see Table IV,
‘‘Allocation of Fee-Relief Adjustment
and LLW Surcharge, FY 2020,’’ in
Section IV, ‘‘Discussion,’’ of this
document), and for certain categories of
these licensees, a share of the
approximately $0.089 million in LLW
surcharge costs allocated to the fee
class. The annual fee for each fee
category is shown in the revision to
§ 171.16(d).
h. Transportation
The NRC will collect $1.0 million in
annual fees to recover generic
transportation budgeted resources in FY
2020, as shown in Table XVII. The FY
2019 fees are shown for comparison
purposes.
TABLE XVII—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION
[Dollars in millions]
FY 2019
final
Summary fee calculations
Total Budgeted Resources ......................................................................................................................................
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TABLE XVII—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION—Continued
[Dollars in millions]
FY 2019
final
Summary fee calculations
FY 2020
final
Less Estimated 10 CFR part 170 Receipts .............................................................................................................
¥3.7
¥2.8
Net 10 CFR part 171 Resources .....................................................................................................................
Less Generic Transportation Resources .................................................................................................................
Fee-relief adjustment/LLW surcharge .....................................................................................................................
Billing adjustments ...................................................................................................................................................
4.3
¥3.3
0.0
0.0
4.4
¥3.4
0.0
0.0
Total required annual fee recovery ..................................................................................................................
1.0
1.0
In comparison to FY 2019, the total
budgeted resources for generic
transportation activities decreased due
to the following: (1) The utilization of
prior year unobligated carryover
funding; (2) a reduction in FTE due to
decreases in maintenance work
associated with the Storage and
Transportation Information
Management System; and (3) the decline
in DOE’s percentage of total CoCs as a
result of two new CoCs benefitting other
fee classes. The 10 CFR part 170
estimated billings decreased primarily
due to the issuance of CoCs for NAC
International, Inc. and Industrial
Nuclear Company, LLC in FY 2019.
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 § 171.16, fee
category 18.A., for DOE transportation
activities. The amount of the allocated
generic resources is calculated by
multiplying the percentage of total CoCs
used by each fee class (and DOE) by the
total generic transportation resources to
be recovered.
This resource distribution to the
licensee fee classes and DOE is shown
in Table XVIII. Note that for the research
and test reactors fee class, the NRC
allocates the distribution to only those
licensees that are subject to annual fees.
Although four CoCs benefit the entire
research and test reactor class, only 4
out of 31 research and test reactors are
subject to annual fees. Consequently,
the number of CoCs used to determine
the proportion of generic transportation
resources allocated annual fees for the
research and test reactors fee class has
been adjusted to 0.7 so these licensees
are charged a fair and equitable portion
of the total fees. For more information,
see the work papers.
TABLE XVIII—DISTRIBUTION OF TRANSPORTATION RESOURCES, FY 2020
[Dollars in millions]
Number of
CoCs
benefiting
fee class or
DOE
Licensee fee class/DOE
Allocated
generic
transportation
resources
Materials Users ............................................................................................................................
Operating Power Reactors ..........................................................................................................
Spent Fuel Storage/Reactor Decommissioning ..........................................................................
Research and Test Reactors .......................................................................................................
Fuel Facilities ...............................................................................................................................
25.0
5.0
16.0
0.7
24.0
27.3
5.5
17.5
0.7
26.2
1.2
0.2
0.8
0.0
1.2
Sub-Total of Generic Transportation Resources .................................................................
DOE .............................................................................................................................................
70.7
21.0
77.1
22.9
3.4
1.0
Total ......................................................................................................................................
91.7
100.0
4.4
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.
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Percentage
of total
CoCs
FY 2020—Policy Changes
The NRC is making two policy
changes for FY 2020:
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Removing the Fee Exceptions in
§ 170.21, Footnote 1 and § 170.31,
Footnote 2
The NRC is eliminating the fee
exceptions set forth in footnote 1 to
§ 170.21 ‘‘Schedule of Fees for
Production and Utilization Facilities,
Review of Standard Referenced Design
Approvals, Special Projects,
Inspections, and Import and Export
Licenses,’’ and footnote 2 to § 170.31,
‘‘Schedule of Fees for Materials Licenses
and Other Regulatory Services,
Including Inspections, and Import and
Export Licenses.’’ These footnotes
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contain parallel language stating that the
NRC ‘‘will not charge fees under 10 CFR
part 170 for orders related to civil
penalties or other civil sanctions issued
by the Commission under § 2.202 or for
amendments resulting specifically from
the requirements of these orders.’’
Currently, footnote 1 to § 170.21 and
footnote 2 to § 170.31 provide an
exception to the general rule that the
NRC recovers review and inspection
costs through fees assessed to
individuals under 10 CFR part 170. The
current language excludes the following
activities from 10 CFR part 170 fees if
an order relates to a civil penalty or
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other sanction: (1) Subsequent NRC
inspection or review work to ensure
compliance with the terms of the order,
and (2) subsequent NRC review costs if
the order requires the licensee to seek a
license amendment. The current
language also states, however, that
where an order is ‘‘unrelated to civil
penalties or other civil sanctions,’’ the
NRC will follow its normal practice of
assessing fees under 10 CFR part 170.
The language in these footnotes comes
from the NRC’s FY 2005 fee rule (70 FR
30526; May 26, 2005). Before 2005, the
NRC excluded work in connection with
all orders from 10 CFR part 170 fees. In
the FY 2005 fee rule, the NRC amended
the footnotes to narrow the exceptions
to just those orders that ‘‘relate’’ to civil
penalties or civil sanctions. The NRC
made this change because, after
September 11, 2001, it had imposed
additional security requirements on
multiple licensees through orders. As a
result of these orders, the NRC
performed extensive follow-up activities
that, because of the pre-existing broad
exceptions in footnotes 1 and 2, were
exempt from 10 CFR part 170 fees.
Because these activities were exempt
from 10 CFR part 170 fees, the NRC
recovered the associated costs through
annual fees under 10 CFR part 171, even
though the work benefited specific
licensees (70 FR 30528–30535; May 26,
2005).
Through the FY 2005 fee rule, the
NRC attempted to allocate costs more
fairly by ensuring that the beneficiaries
of its review and inspection services
associated with orders of the type issued
after September 11, 2001, paid for those
services through 10 CFR part 170 fees.
At the same time, the NRC retained an
exception for orders that relate to a civil
penalty or civil sanction. The NRC also
explained in the FY 2005 fee rule that
it was maintaining its longstanding
policy of not charging 10 CFR part 170
fees for the preparation of any order.
The costs associated with preparing an
order would continue to be recovered
through annual fees under 10 CFR part
171.
The authority for assessing the 10 CFR
part 171 fees comes from the same
statute that provides the authority for
the NRC’s 10 CFR part 170 fee schedule.
The IOAA requires that the NRC assess
fees fairly and equitably, and it
authorizes the NRC to collect fees
whenever the agency provides ‘‘a
service or thing of value’’ to a recipient.
In addition, OBRA–90 (or, in future
fiscal years, NEIMA) and Office of
Management and Budget (OMB)
Circular A–25, ‘‘User Charges,’’ require
that the NRC recover fees from persons
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who derive a direct benefit from the
agency’s services.
Even if an order related to a civil
penalty or civil sanction has some
public benefit, the services the NRC
provides in connection with the order,
such as inspections and documentreview activities, primarily benefit a
specific licensee. These services
primarily benefit the licensee because
they enable the licensee to maintain its
NRC license in good standing and
continue to operate its facility.
Furthermore, regardless of whether the
NRC issues an order in a safety,
security, or enforcement context, the
NRC’s follow-up services related to the
order—inspections, document review
and analysis, and other services—
benefit the licensee by contributing to
public confidence in the safe operation
of the licensee’s facility. Charging 10
CFR part 170 fees for services related to
all orders is therefore most consistent
with the NRC’s obligations under the
governing fee-recovery statutes and
OMB Circular A–25. Transferring the
cost of these services to other members
of a licensee’s fee class, on the other
hand, could therefore be viewed as
unfair and inconsistent with the
governing fee-recovery statutes and
OMB Circular A–25.
Accordingly, in this final rule, the
NRC is removing the fee exceptions (i.e.,
the first two sentences) from § 170.21,
footnote 1 and § 170.31, footnote 2.
Removing the exceptions promotes
fairness and equity in the NRC’s fees
rules, consistent with the IOAA, ensures
that licensees who receive special
benefits in the form of NRC services pay
for those services, consistent with OMB
Circular A–25. Removing the exceptions
also simplifies the NRC’s fee schedules.
If there are circumstances in which
charging 10 CFR part 170 fees for
follow-up activities related to an order
would be unfair, the NRC retains the
ability under § 170.11 to grant a fee
exemption for those services, either on
its own initiative or upon request.
Removing the fee exceptions will not,
however, change the NRC’s
longstanding policy regarding the
recovery of costs associated with
preparing an order. Consistent with this
policy, such costs will continue to be
recovered through annual fees under 10
CFR part 171.
Amending § 171.15 Regarding the
Assessment of Annual Fees for 10 CFR
Part 52 Combined License Holders and
Future 10 CFR Part 50 Power Reactor
Licensees
Based on its review of PRM–171–1
and the public comments, the NRC is
amending § 171.15(a) so that the
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assessment of annual fees for 10 CFR
part 52 COL holders commences upon
successful completion of power
ascension testing, rather than after the
Commission makes a finding under
§ 52.103(g). This approach will also
apply this approach to future 10 CFR
part 50 power reactor licensees.
Currently, § 171.15 requires a 10 CFR
part 52 COL holder to begin paying the
annual fee once the Commission finds
under § 52.103(g) that all acceptance
criteria in the COL are met. Similarly,
10 CFR part 50 licensees begin paying
annual fees upon issuance of an
operating license. The timing of annual
fees reflects the NRC’s historical
position that a nuclear power reactor
licensee receives the benefits of its
license, and thus should begin paying
annual fees, when the NRC authorizes
the licensee to use nuclear materials
(i.e., begin operating the reactor).
The NRC is firmly committed to the
application of fairness and equity in the
assessment of fees to licensees. The NRC
recognizes that, subsequent to the
§ 52.103(g) finding for 10 CFR part 52
COL holders, and issuance of the
operating license for 10 CFR part 50
power reactor licensees, fuel must be
loaded, and power ascension testing
must be completed to provide assurance
that the facility is fully operational. As
part of this process, 10 CFR part 52 COL
holders must provide written
notification to the NRC that successful
power ascension testing is completed.
This notification is the trigger that
enables operation at a steady-state
reactor core power level equal to 100
percent of reactor thermal power as
defined in the facility’s final safety
analysis report.
As a result, the NRC recognizes that
it would be more fair and equitable to
change the timing of when annual fees
commence for 10 CFR part 52 licensees
from when the Commission issues a
§ 52.103(g) finding to a time that aligns
more closely with the licensee’s facility
becoming fully operational. For that
reason, the NRC will defer charging
annual fees until after the licensee’s
start-up and initial-testing phase. The
NRC will begin charging annual fees
only after the licensee has notified the
NRC in writing that it has successfully
completed power ascension testing. For
similar reasons, the NRC is also
applying this change to 10 CFR part 50
power reactor licensees.
Because only current 10 CFR part 52
COLs contain a standard license
condition that requires written
notification be submitted to the NRC
upon successful completion of power
ascension testing, the NRC will consider
adding a similar license condition to
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future 10 CFR part 50 operating licenses
and 10 CFR part 52 COLs to ensure that
they promptly notify the NRC of
successful completion of power
ascension testing. Upon successful
completion of testing and the required
notification to the NRC, the power
reactor would be fully operational. The
annual fee assessment for 10 CFR part
50 power reactor licensees and 10 CFR
part 52 COL holders would therefore
begin on the date of the licensee’s
written notification of successful
completion of power ascension testing.
Accordingly, the NRC is amending
§ 171.15(a) so that annual fees
commence not upon issuance of the
operating license for 10 CFR part 50
power reactors and issuance of the
§ 52.103(g) finding for 10 CFR part 52
COL holders, but upon written
notification to the NRC of successful
completion of power ascension testing
and making conforming changes to
§ 171.3, ‘‘Scope,’’ and § 171.17,
’’Proration.’’ The NRC finds this rule
change amendment to be reasonable,
fair, and equitable, and supported by the
public comments the NRC received on
PRM–171–1 and on the proposed rule.
Finally, the NRC will consider
expanding this approach to other 10
CFR part 50 licensees in a future
rulemaking.
FY 2020—Administrative Change
The NRC is making one
administrative change:
Add a footnote to the table in
§ 171.16(d) for additional clarity.
The NRC is adding a footnote to the
table in § 171.16(d) to clarify that
licensees that are subject to annual fees
under fee categories 4.A., 4.B. or 4.C. are
not subject to annual fees under 3.N. for
waste disposal services authorized on
the same license.
Update on the Fees Transformation
Initiative
In the Staff Requirements
Memorandum, dated October 19, 2016,
(ADAMS Accession No. ML16293A902)
for SECY–16–0097, ‘‘Fee Setting
Improvements and Fiscal Year 2017
Proposed Fee Rule,’’ (ADAMS
Accession No. ML16194A365), the
Commission directed staff to explore, as
a voluntary pilot, whether the NRC
could establish a flat fee structure for
routine licensing matters in the area of
uranium recovery, and to accelerate the
process improvements for setting fees,
including the transition to an electronic
billing system. In addition, the
Commission also directed the staff to
begin the fees transformation activities
listed in SECY–16–0097 as ‘‘Process
Changes Recommended for Future
Consideration—FY 2018 and Beyond,’’
which includes one remaining item to
complete regarding the rulemaking to
update the NRC’s small business size
standards in § 2.810, ‘‘NRC Size
Standards.’’
With respect to the uranium recovery
flat fee pilot initiative, the NRC
explored the feasibility of establishing a
flat fee structure for routine licensing
matters and inspection activities. The
NRC provided a report to Congress on
January 9, 2020, describing the results of
the pilot initiative and the decision to
maintain the current NRC fee billing
structure for 10 CFR part 170 fees for
service for uranium recovery licensing
matters. For more information, the
report to Congress can be found at
ADAMS Accession No. ML20010D684.
With respect to the NRC’s transition
to an electronic billing system (eBilling),
eBilling went live with a phased
implementation on October 1, 2019,
which included 9 licensees with 65
dockets. As of May 12, 2020, eBilling
currently has 111 licensees with 381
dockets enrolled. Outreach to additional
licensees will continue throughout FY
2020 in order to increase enrollment
and ensure awareness.
Finally, in order to obtain sufficient
information to update the NRC’s small
business size standard in § 2.810, the
NRC conducted a financial survey of
materials licensees to determine
whether changes to the size standards
are needed. The NRC published a
document in the Federal Register (85
FR 6225; February 4, 2020) announcing
the survey, and requested response by
due date of April 30, 2020. The survey
results will be analyzed to determine if
changes are needed to the current
nuclear industry-specific size standards
in § 2.810.
For more information, please see our
fees transformation accomplishments
schedule, located on our license fees
website at: https://www.nrc.gov/aboutnrc/regulatory/licensing/feestransformation-accomplishments.html.
IV. Public Comment Analysis
Overview of Public Comments
The NRC published a proposed rule
on February 18, 2020 (85 FR 9328) 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 eight written
comment submissions on the FY 2020
proposed rule. In general, the
commenters were supportive of the
specific proposed regulatory changes.
Some commenters expressed concerns
about broader fee-policy issues related
to transparency, the overall size of the
budget, fairness of fees, and budget
formulation.
The commenters are listed in Table
XIX.
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TABLE XIX—FY 2020 PROPOSED FEE RULE COMMENTER SUBMISSIONS
ADAMS
accession No.
Commenter
Affiliation
David Shafer .............................................
Jeffrey Fulks .............................................
Jennifer Uhle ............................................
Matthew Ostdiek .......................................
Fred Schuman ..........................................
Camilla Zozula ..........................................
Cheryl Gayheart .......................................
Bradley Fewell ..........................................
U.S. Department of Energy (DOE) ............................................................................
Honeywell International—Metropolis Works (MTW) .................................................
NEI .............................................................................................................................
Rendezvous Engineering, P.C. (RE) .........................................................................
Mid River Asphalt, Inc ...............................................................................................
Westinghouse Electric Company (WEC) ..................................................................
Southern Nuclear Operating Company (SNC) ..........................................................
Exelon Generation Company (Exelon) ......................................................................
Information about obtaining the
complete text of the comment
submissions is available in Section XIV,
‘‘Availability of Documents,’’ of this
document.
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V. Public Comments and NRC
Responses
The NRC has carefully considered the
public comments received on the
proposed rule. The comments have been
organized by topic. Comments from
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ML20056F131
ML20073J763
ML20077K338
ML20077M622
ML20083K042
ML20083K046
ML20083K048
ML20084K871
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
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within those comments are used to
show changes that have been made to
the quoted comments. The NRC
responses are preceded by a short
summary of the issues raised by the
commenters.
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A. Budget Formulation
Comment: ‘‘The NRC staff provided a
very thorough public briefing about the
proposed fee rule on March 5, 2020,
including the business line budget
utilization of the $40M in carryover
funds. Approximately 50 [percent] of
the carryover funding was utilized in
the Operating and New Reactor business
lines, consistent with the business line
budgeting information provided in the
briefing. However, the fee class budget
distribution provided in the briefing
shows 86 [percent] of the fee/receipt
recoverable budget is allocated to Power
Reactors. The Federal Register
publication of the proposed fee rule
notes that the $40M in carryover results
in reduced fees to licensees. In light of
the NRC’s distribution of its feerecoverable appropriation, how did the
NRC determine the percentage of
carryover that would be applied to
reduce operating reactor fees?’’ (Exelon)
Response: One commenter requested
that the NRC explain its process to
determine the percentage of carryover
that was applied to reduce the operating
power reactors fees. There is not a
separate process to determine the
percentage of carryover that would be
applied to reduce the fee classes
budgeted resources. When determining
how to allocate the $40.0 million in
carryover funds based on Congressional
direction, the NRC used its
appropriation funding categories—or
control points—and allocated the
carryover funds to appropropriate
funding categories relative to the
percentages of total enacted funding.
This allocation was performed without
distinguishing the specific fee classes
during this process. The fee class
distribution is determined as part of the
normal fee allocation process after
budget allocations are determined.
During the March 5, 2020, public
meeting, the NRC discussed the
allocation process and demonstrated the
reconciliation of the FY 2020 business
line budgets to the specific fee classes.
To increase transparency, NRC has
included these reconciliations in the
work papers for this final rule. In
addition, the work papers include a
chart, illustrating the utilization of
carryover funding in FY 2019 and FY
2020 by business line and the
subsequent allocations for the
development of the fee rule.
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No changes were made to the final
rule as a result of this comment.
Comment: ‘‘Related to the use of
carryover funds, the $40M amount is
very large by historical standards, the
FY2019 carryover was $20M. Again,
referencing the business line carryover
utilization provided in the March 5
briefing, $13M, approximately one third
of carryover funding was used to defray
corporate support costs. NRC has
struggled to contain corporate support
costs and is required under NEIMA to
reduce these costs to less than 30
[percent], to the maximum extent
practicable. Exelon is concerned that
without continued use of carryover
funds in future years, corporate support
will drive licensee fees higher, with
uncertain safety benefit. We request that
the work papers address the potential
for increased industry fees to cover NRC
corporate support.’’ (Exelon)
Response: The agency remains
focused on innovative strategies that
result in savings, while not jeopardizing
the corporate activities necessary to
accomplish the agency’s mission. The
NRC has made significant progress in
reducing corporate support in recent
years. When compared to the FY 2014
enacted budget, the FY 2021 budget
request for corporate support represents
a decrease of $74.7 million, or
approximately 22 percent. It should be
noted that the NRC’s annual fee rule and
supporting work papers are published
so that the public and licensees can
understand how fees are calculated
based on the budget authority enacted
for the current fiscal year, not future
fiscal years. The FY 2021 Congressional
Budget Justification (CBJ), alternatively,
provides the agency’s explanation and
justification for the resources being
requested for the next fiscal year to
allow the agency to complete its
mission, the CBJ provides the reasoning
for changes in the agency resource
requests, and is the appropriate source
for the agency’s explanation and
justification for the Corporate Support
budget. The NRC’s goal is to provide
transparency in the fee rule and work
papers between fees at the final
appropriated budget requirements.
No changes were made to the final
rule as a result of this comment.
B. Public Participation in Budget
Formulation
Comment: Two commenters
expressed a desire for industry to be
involved with the NRC directly during
the development of the NRC’s budget to
better determine the sufficiency of the
budget and to accurately determine the
necessary annual fees. They emphasized
the need for the NRC staff to work with
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industry in an open and transparent
fashion regarding the prioritization of
annual fee expenditures and the
utilization of indirect resources. (NEI
and WEC)
Response: The NRC seeks information
from licensees and other entities
relevant to projected workload, through
public meetings and other forms of
public outreach, to better inform NRC’s
budget formulation workload
assumptions. However, the NRC is an
independent safety regulator, and it
would not be appropriate for regulated
entities, non-government organizations,
and members of the public to be
involved in the NRC’s budget
formulation. In addition, OMB
establishes the Executive Branch budget
process through OMB Circular No. A–
11, ‘‘Preparation, Submission, and
Execution of the Budget.’’ Section 22.1
of OMB Circular No. A–11 requires that
pre-decisional budget deliberations
remain confidential until the release of
the CBJ.
No changes were made to this final
rule as a result of these comments.
C. Work Papers
Comment: ‘‘In prior year comments,
we have identified a lack of
transparency in the basis for the budget
as an area of concern. We acknowledge
that several steps have been taken to
improve both the types and clarity of
information provided in the fee rule
work papers and Congressional Budget
Justification. There has been a marked
improvement in the level of detail
provided to stakeholders on the NRC
budget, however, we urge that
additional steps be taken. In particular,
we believe that additional detail should
be provided on budgeted work
activities, including a level of planned
effort for each activity, how this level
compares with the prior year, and the
rationale for the change. Such detail
would enable licensees to better
evaluate and understand significant
budget changes. Additional information
should be provided to enable a better
understanding of which actions are
recovered through service fees and
which actions are recovered through
annual fees. We also believe that
stakeholders would benefit greatly from
an expansion on the narrative
discussion in the fee rule work paper
explaining significant increases/
decreases in product line budget items.’’
(NEI)
Response: The fee rule and its
supporting work papers, are published
so the public and licensees can
understand how fees are determined for
a fee class and a fee category. Consistent
with requirements of OBRA–90, license
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fees are calculated by business lines,
product lines, and products based on
the budget authority enacted for the
current fiscal year. The NRC provides
those business lines, product lines, and
products in the fee rule work papers.
The CBJ provides the agency
explanation and justification for the
resources being requested for the budget
year, including increases and decreases,
and the reason for changes in the agency
budget request as compared to the prior
year, at the business line and product
line levels; it also includes the prior
year actual amounts at the business line
and product line levels.
The commenter is correct that the
work papers currently do not
distinguish by specific budget line items
which fees are recovered through user
and annual fees. The fee rule work
papers do not draw this distinction
because it has been impractical for the
NRC to determine in advance what
precise percentage of fees for a given
business line will be recovered through
10 CFR part 170 user fees versus 10 CFR
part 171 annual fees. With respect to 10
CFR part 170 user fees, the NRC staff
time spent on licensing and inspection
actions is subject to change, depending
on the novelty and complexity of the
license application under review or the
facility being inspected. Similarly, with
respect to 10 CFR part 171 annual fees,
the nature of the generic research,
safety, environmental, or safeguards
activities also may vary considerably,
given changes in Commission priorities,
external events, interactions with
Agreement States, other Federal
agencies, state, local and tribal
governments, the regulated industry,
and members of the public.
The NRC notes that the CBJ includes
a statement in each business line
chapter to indicate which product lines
impact fees for services versus annual
fees. For all the business lines, except
for the nuclear materials users business
line, typically resources budgeted in the
Licensing and Oversight Product Lines
typically affect fees for services, and all
other resources affect annual fees. For
the nuclear materials users business
line, almost all budgeted resources
impact annual fees. The NRC is
planning for the implementation of
NEIMA in FY 2021 and is considering
adding additional detail in the fee rule
and associated work papers to enhance
the transparency of how fees are
determined.
The NRC disagrees with the comment
recommending that NRC expand the
narrative to explain the significant
increases and decreases. The NRC has
provided improved and detailed
explanation in the fee rule of the
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changes in budgetary resources, changes
to 10 CFR part 170 estimated billings,
and the impact on annual fees. The
budgetary resources by each fee class by
business line, product line, and product
in the work papers, which show the
specific fee class budget increases and
decreases. For example, in the FY 2020
proposed fee rule the operating power
reactors fee class displayed numerous
activities within the licensing and
oversight product lines (i.e., delayed
construction and operating license
application review activities), that
affected the fee class budget and caused
it to decline from the previous year. To
increase transparency, the NRC
incorporated a reconciliation of the FY
2020 CBJ resources by business line to
the associated fee class in the FY 2020
proposed fee rule work papers. For the
first time, stakeholders can trace the CBJ
business line budgets to the resources
recovered within each fee class budget
by product line.
No changes were made to this final
rule as a result of this comment.
Comment: ‘‘The work papers
supporting the FY2020 proposed rule
show a detailed breakdown of the
products and product lines included in
the calculation of the Part 171 Operating
Power Reactors annual per-reactor fee,
including significant amounts for
various research activities. Research for
Operating Reactors is shown as $24M in
contract dollars, and 128 FTEs. While
some research appears explainable for
the existing fleet of reactors, e.g., ‘‘Aging
& Materials,’’ other descriptors are more
cryptic, e.g., ‘‘Engineering Research,’’
‘‘Systems Analysis,’’ or ‘‘Risk Analysis’’
($16M contract dollars budgeted for
these three.) And others that might
appear applicable, e.g., ‘‘Digital I&C’’
have no resources budgeted. It would be
helpful to have in the work papers,
perhaps as a separate paragraph or table
in the Operating Power Reactors section,
a brief description of the major efforts
for each research Product, the goal of
the research, expected completion date,
safety issue to be resolved by the
research, whether related to specific
licensing actions, etc., so that Licensees
and the public have confidence that
these research dollars are being used to
directly support the NRC mission.’’
(Exelon)
Response: The commenter is
requesting additional detail in the work
papers in order to better understand the
specific budgeted research efforts. The
CBJ is the appropriate source for the
agency’s explanation and justification
for the agency’s research budget, not the
fee rule, which implements the final
results of the budget process. The NRC’s
goal is to provide transparency in the
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fee rule and work papers between fees
at the final appropriated budget
requirements. The fee rule and the
supporting work papers are published
in order for the public and licensees to
understand how fees are determined for
a fee class and a fee category.
With respect to the commenter’s
request to expand the fee rule work
papers to provide additional
information on all research activities
with the specific goal of the research,
expected completion date, safety issue
to be resolved by the research, and
whether it is related to specific licensing
actions, the NRC does not believe such
a change to the fee rule work papers is
necessary. The CBJ, which serves a
different purpose than the fee rule work
papers, provides the overview of the
specific research activities being
conducted by the NRC during FY 2020.
Some examples of NRC research
activities discussed in the CBJ include
but are not limited to: Seismic and
structural stability; probabilistic risk
assessment; digital instrumentation and
controls and electrical systems; accident
tolerant fuel; fuel performance research;
and materials performance. Additional
information on the regulatory research
program, including NUREG–1925,
Revision 4, ‘‘Research Activities FY
2018–FY 2020,’’ and the ‘‘FY 2020–22
Planned Research Activities,’’ are
available on the NRC’s public website at
https://www.nrc.gov/about-nrc/
regulatory/research.html. Additional
information regarding the costs
associated with research can be derived
by comparing the work papers from the
proposed fee rule to the final fee rule,
which would allow the impact
associated with budget changes,
including the use of carryover, to be
identified between fiscal years. Work
papers for the proposed and final fee
rules for the last several years can be
readily accessed at https://www.nrc.gov/
about-nrc/regulatory/licensing/
fees.html.
No changes were made to this final
rule as a result of this comment.
Comment: ‘‘As Exelon has noted in
reviewing proposed fee rules for prior
years, this trade-off between Part 170
and Part 171 fees divorces the reactor
fee from any actual health and safety
benefit to be achieved via the Part 171
fee collection. That is, an increase in
per-reactor fee does not necessarily
mean greater NRC focus is needed to
ensure safety. Exelon notes that under
[NEIMA], the reactor fee is limited ‘‘to
the maximum extent practicable.’’
Exelon recommends that the work
papers address this aspect of the fees so
that safety benefit derived from
increased Part 171 fees can be better
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understood. If the fee reflects only the
budgeting process and not any change
in the need for NRC oversight, that
clarity would also be useful for the
industry in prioritizing resource
allocations.’’ (Exelon)
Response: The NRC’s annual budget
request reflects the agency’s continued
commitment to protecting public health
and safety and ensuring the long-term
safety and security of nuclear power
facilities and nuclear materials, which
includes mission-direct, missionindirect, and agency-support resources,
as well as resources that are excluded
from the NRC’s fee recoverable budget.
Beginning in FY 2021, the NRC will
be required to collect 100 percent of its
annual budget authority (less certain
excluded items), to the maximum extent
practicable. Additionally, in accordance
with Section 102(b)(3)(B)(i) of NEIMA,
the operating power reactors fee class
annual fee, to the maximum extent
practicable, shall not exceed the
operating power reactor annual fee
amount established in the FY 2015 final
fee rule, adjusted for inflation. On its
own initiative, the NRC included an
estimate of the operating power reactors
annual fee in Appendix C, Estimated
Operating Power Reactors Annual Fee,’’
of the FY 2021 CBJ, with the intent to
increase transparency. The NRC
developed this estimate based on the
NRC staff’s allocation of the FY 2021
budget request to fee collections under
10 CFR part 170, and allocations within
the operating power reactors fee class
under 10 CFR part 171. In addition, the
estimated annual fee assumes 93
operating power reactors in FY 2021
and applies various data assumptions
from the FY 2019 final fee rule.
Collectively, these actions help mitigate
impacts on the remaining licensees from
licensees that leave a fee class by
helping the NRC continue to develop
budgets that account for regulating a fee
class with a declining number of
licensees. Though the FY 2021
estimated operating power reactor fee
class annual fee is included in the FY
2021 CBJ, it is subject to changes in
those data assumptions as the NRC will
conduct an annual rulemaking for FY
2021 fees by publishing a proposed and
final rule in order to assess fees. Fee
rule estimates during budget
formulation are subject to the changes
that will occur in the two-year interval
between formulation and final
appropriation impacting the fee rule.
The commenter is correct that the
NRC’s FY 2020 work papers do not
include the allocation of the FY 2021
budget. The NRC’s fee rule and
supporting work papers are published
in order for the public and licensees to
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understand how fees are calculated
based on the budget authority enacted
for the current fiscal year and not future
fiscal years. The FY 2021 CBJ, which
serves a different purpose than the fee
rule work papers, provides the agency’s
explanation and justification for the
resources being requested for the next
fiscal year to allow the agency to
complete its mission, and it provides
the reasoning for changes in the agency
resource requests. The NRC is planning
for the implementation of NEIMA in FY
2021, and strives to enhance
transparency for the annual fee rule and
supporting work papers each year.
No changes were made to this final
rule as a result of this comment.
D. Operating Reactors Decline in the
Budget and 10 CFR Part 170 Estimated
Billings
Comment: Several commenters
expressed concern regarding the
declining fraction of fees recovered
under 10 CFR part 170 (service fees)
relative to 10 CFR part 171 (annual
fees), as well as the NRC’s overall
budget for the operating power reactors
fee class. The commenters noted that
these fees were being borne by a
decreasing number of facilities with a
decreasing number of licensing actions
and completion of NRC reviews and
certifications. The commenters noted
that the high percentage of activities
covered by annual fees places an
increased importance on transparency
of indirect services covered under 10
CFR part 171 fees, and they encourage
a continued focus on enhancing
transparency. (NEI and Exelon)
Response: The relationship between
10 CFR part 170 (service fees) relative to
10 CFR part 171 (annual fees) is
workload driven. The activities covered
by 10 CFR part 171 annual fees are
necessary for NRC to accomplish its
safety mission as described and justified
in the CBJ. The amount of user fees
collected under 10 CFR part 170
depends on a number of different factors
including the professional hourly rate,
licensee and applicant decisions to
pursue licensing actions, and the
number of hours necessary to resolve
any licensing actions. Due to OBRA–90
requirements, examining changes in the
10 CFR part 170 fees and the 10 CFR
part 171 fees separately may not account
for the overall decreases in the fee class
budget or the realized efficiencies. Over
the last seven years, the fee class budget
for operating power reactors has
decreased from $734.7 million in FY
2013 to $623.9 million in FY 2020. This
represents a reduction of $110.8 million,
or 15 percent as a result of the
decreasing number of nuclear power
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reactor licensees, application delays and
withdrawals, reduced license
amendments, efficiencies gained in
office mergers, and long-term project
completions.
Over this same period, the 10 CFR
part 170 estimated billings for the
operating power reactors fee class have
declined from $303.8 million in FY
2013 to $186.7 million in FY 2020,
which represents a decline of $117.1
million or 38.5 percent. These changes
in the budgetary resources and the 10
CFR part 170 estimated billings,
ultimately adjust the amount of fee
recoverable resources that is required to
be collected through 10 CFR part 171
annual fees. As compared to FY 2013,
the operating power reactors fee class
annual fee has increased from $424.2
million in FY 2013 to $439.0 million in
FY 2020, which represents an increase
of $14.8 million or 3.5 percent.
With respect to enhancing
transparency, the NRC continues to
review its budget and will pursue
additional efficiency improvements to
ensure that its budgetary request
accurately reflects the anticipated
workload. The NRC considers projected
operating power plant closures and
other external factors when estimating
workload changes in a manner that
allows the agency to meet its statutory
responsibilities as the industry changes.
However, a reduction in the budget is
not linearly proportional as there is a
cost for the infrastructure that must be
maintained independent of the number
of operating power reactors in the fleet.
The implementation of NEIMA in FY
2021, will include a cap on annual fees
for operating reactors; the NRC
continues to evaluate resource
requirements and adjustments that can
be made to refine the operating power
reactors budget. Finally, the NRC
remains committed to providing
enhanced transparency throughout the
development of the annual fee rule and
supporting work papers.
No changes were made to this final
rule as a result of these comments.
E. Fairness of Fees
Comment: ‘‘The work papers also
show that approximately 17% of the
Nuclear Reactor Safety program budget
used in determining the annual
Operating Reactor fee comes from the
New Reactors product line. Exelon
suggests that the new reactor budget be
broken out separately, to be paid by
those entities pursuing new reactors.
Alternately, the work papers should
clarify in some detail how new reactor
spending benefits the operating reactor
fleet.’’ (Exelon)
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Response: The NRC disagrees with the
proposed recommendation. To the
extent that the NRC’s reactor safety
work directly benefits a licensee or
applicant, the NRC then assesses 10 CFR
part 170 user fees upon that licensee or
applicant. As a result, existing operating
reactor licensees are not paying any fees
for new reactor work that directly
benefits an entity engaged in new
reactor activities. As for the portion of
the new reactor work that is not
collected through 10 CFR part 170 user
fees, OBRA–90, as amended, requires
that the NRC allocate the costs for this
work fairly and equitably. Because the
NRC’s generic new reactor activities
yield indirect benefits for existing
operating reactor licensees, the NRC’s
current system of allocating all
operating reactor costs to existing
licensees satisfies OBRA–90’s
requirements.
While there are generic activities that
may preferentially benefit new reactor
vendors or licensees, there are activities
that appear to be focused on new
reactors but have a direct benefit to the
operating power reactor licensees. For
example, if an existing licensee sought
to obtain NRC approval for a design
change to a safety significant structure
at an operating plant, then the NRC may
use guidance that was developed for
new reactor applications to analyze the
design change. One example is the
vendor quality assurance inspection
program that develops and maintains
the infrastructure for vendor inspections
and quality assurance reviews
supporting both new and operating
reactors. While inspections and
allegations specific to operating reactors
are funded by operating reactors, many
of the vendor inspections and
allegations funded by the new reactor
program are at vendors that also supply
parts for operating reactors. Moreover,
entities holding licenses for currently
operating reactors may also be, either
now or in the future, applicants for new
nuclear power plant licenses. Finally,
all power plant licensees indirectly
benefit from rulemaking or other generic
activities that enhance and develop the
new reactor licensing framework
because these generic activities help to
establish and maintain the regulatory
infrastructure at the NRC. This provides
existing nuclear reactor licensees with
regulatory predictability that is useful
for business planning purposes.
Along these same lines, the NRC
performs generic activities related to
license renewal. These costs are spread
among all holders of power reactor
operating licenses without regard to
whether the operating license holder
intends to seek renewal. This is because
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a stable and efficient regulatory regime
for license renewal indirectly benefits
all existing power plants even if an
existing power reactor has no immediate
plans to seek license renewal. The same
is true for new reactor licensing
activities.
Ultimately, identification of fee
classes is a matter of drawing practical
distinctions. By virtue of being a generic
activity without a specific, concrete
beneficiary, all the activities that fall in
the 10 CFR part 171 annual fee category
could be theoretically parsed into an
almost infinite amount of fee classes.
For example, if the NRC were to base
fees on distinctions such as whether
generic work benefited boiling-water
reactors versus pressurized-water
reactors or coastal versus inland
reactors, the exercise would result in
distinctions that are both artificial and
unduly burdensome from an
administrative and recordkeeping
standpoint. Therefore, the NRC’s
decision to draw the fee class line in a
way that encompasses generic new
reactor work satisfies OBRA–90’s
requirement that costs be allocated
fairly and that, ‘‘[t]o the maximum
extent practicable, the charges shall
have a reasonable relationship to the
cost of providing regulatory services.’’
No change was made to this final rule
in response to this comment.
F. Fuel Facilities Matrix
Comment: ‘‘The Metropolis facility
has been secured in an idle state due to
market conditions. The idle state
conditions prohibits the production or
the creation of liquid UF6 per
Honeywell Request for Relaxation
Security Order dated April 30, 2018.
The NRC approved the request for
Relaxation of Security Order in a letter
dated March 11, 2019, due to the
removal of UF6 from the process
equipment. NRC recently acknowledged
an 80% reduction in inspection effort
due to the idle condition as stated in the
NRC Inspection Report 4–339/2020–005
Honeywell Metropolis Works License
Performance Review dated March 2,
2020. In the current idle state, MTW
will not have liquid UF6 on site, or
implement safeguards related to liquid
UF6. Therefore, MTW asks that the
effort factor for liquid UF6 be revised
from 5 to 0 and the safeguards factor for
liquid UF6 also be revised from a 5 to
0 to appropriately reflect the effort
during the current idle state condition.’’
(MTW)
Response: Currently, there is one
uranium conversion facility, and it is in
a ‘‘ready-idle’’ status with no processing
operations. The NRC believes that this
facility will remain in ‘‘ready-idle’’
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position for FY 2020 and will need to
be reassessed on an annual basis.
Regulatory oversight of processing
operations have been curtailed while
the operations are shut down. Therefore,
the safety and safeguards factors for
‘‘Liquid UF6 processing at Uranium
Conversion facilities’’ in the effort
factors matrix have been reduced from
5 to 0 to reflect the curtailed regulatory
oversight of these processes.
G. Fuel Facilities Fee Class
Comment: ‘‘We note that annual fees
for Category I Fuel Cycle Facilities
(listed under Category ‘‘High-Enriched
Uranium Fuel’’) still exceed operating
power reactor fees by roughly half a
million dollars ($4.9M vs. $4.5M,
respectively). We continue to encourage
the NRC to adjust the Category I Fuel
Cycle Facility regulatory effort, and in
turn fees, to be commensurate with the
facility risk profile.’’ (NEI)
Response: The resources budgeted for
each business line reflect the regulatory
effort. In this final rule the total required
annual fee recovery for the operating
power reactor business line is $439.0
million, and the total annual fee
recovery for the fuel facility business
line is $18.0 million. The lower amount
is commensurate with the lower risk at
fuel facilities. This amount must be
recovered from the 7 existing fuel
facilities in the business line. For the
Category I fuel facilities, the processes
in the matrix are surrogates for the
actual processes because the actual
processes are classified.
No changes were made to this final
rule because of this comment.
Comment: Two commenters
welcomed the reductions in the fuel
facilities fee class budgetary resources
and annual fees in FY 2020, but felt that
it is imperative that the OCFO staff take
into consideration the Office of Nuclear
Materials Safety and Safeguards’
(NMSS) ongoing Fuel Cycle Smarter
Program initiative, which will likely
identify further reductions in FY 2021
fee-billable inspection hours. For
planning purposes, a commensurate
business line reduction in FY 2021
should closely reflect any final ‘‘Smarter
Programs’’ inspection decisions (final
reports are anticipated in Spring 2020).
In the absence of such adjustments, fuel
cycle facilities will experience an
unnecessary increase in annual fees for
FY 2021. (NEI and WEC)
Response: The fuel facilities business
line is responsible for ensuring the
safety and security of fuel cycle and
greater than critical mass facilities. The
business line leads the licensing and
oversight of these facilities, as well as
domestic material control and
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accounting and international safeguards
implementation activities for the NRC.
The business line also supports
rulemaking and environmental review
activities for fuel facilities. The NRC has
taken steps to right-size the fuel
facilities budget to ensure that it reflects
the reduced workload in the business
line. A peak workload was experienced
in FY 2012 and since then, the fee class
budget has decreased from $54.4 million
in FY 2012 to $18.0 million in FY 2020.
This represents a reduction of $36.4
million, or 67 percent within the fee
class budget. The FY 2020 fuel facilities
fee class budget decreased primarily due
to an expected decline in license
renewal applications, the decrease in
the number of license amendments, the
termination of the MOX Fuel
Fabrication Facility construction
authorization, and efficiencies gained
because of changes to the Fuel Facilities
Inspection Program, and workload
projections.
In a public meeting conducted on
March 5, 2020, on the FY 2020 proposed
fee rule, the NRC provided an overview
of the fuel facilities business line
budget, major activities, the budget
planning process (e.g., workload
forecasting, types of work, and
inspection activities), the reconciliation
from the fuel facilities business line to
the fee class budget, and the five-year
trend of 10 CFR part 170 user fees and
10 CFR part 171 annual fees. Slides
from this public meeting are available at
ADAMS Accession No. ML20064G525.
Regarding the assertion that the NRC
should reduce the fuel facilities
business line budget, the NRC continues
to actively evaluate resource
requirements, both in terms of overall
budget numbers and FTEs, to address
changes that occur between budget
formulation and execution. The NRC
will continue to assess resource
requirements and evaluate
programmatic efficiencies that could
result in additional resource reductions,
but a reduction in the budget is not
linearly proportional as there is a cost
for the infrastructure that must be
maintained independent of the number
of operational fuel facilities.
In this final rule, the fees assessed to
the licensees and applicants by the NRC
must conform to OBRA–90, which
requires the NRC to collect
approximately 90 percent of its FY 2020
budget authority (less certain excluded
items) through both user fees and
annual fees. The NRC can assess these
annual fees only to licensees or
certificate holders, and the annual fee
schedule must be fair and equitably
allocate annual fees among the NRC’s
many licensees. To ensure compliance
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with OBRA–90, the NRC makes
continual organizational improvements
to align the resources needed to support
its regulatory activities. These actions
help mitigate impacts on the remaining
licensees from licensees that leave a fee
class by helping the NRC continue to
develop budgets that account for
regulating a fee class with a declining
number of licensees.
Beyond FY 2020, the NRC will
continue to look for efficiencies within
the fuel facilities program. Going
forward, the fuel facilities business line
is focusing efforts to align the agency’s
program of work in the fuel facilities
area to workload projections and
continuing to risk-inform the regulatory
framework for these activities while
maintaining adequate protection
consistent with our principles of good
regulation.
On April 26, 2019, the NRC created
two working groups tasked with
building smarter Fuel Cycle licensing
and oversight programs. The working
groups were tasked with conducting a
holistic assessment of the fuel cycle
licensing and oversight programs for the
purpose of improving the effectiveness
and efficiency of the programs. The
working groups included experienced
supervisors and staff members looking
for areas of transformation and
innovation while adhering to the key
principles of good regulation that guide
the manner in which we conduct our
work and make decisions.
The NRC believes that the
implementation of the
recommendations resulting from this
effort will ensure focus on the areas of
greatest safety benefit using the
appropriate level of effort.
Implementation of the
recommendations will begin in FY 2021
and the results will be reflected in
future rulemakings.
No changes were made to this final
rule because of these comments.
H. Uranium Mill Tailings Radiation
Control Act (Work Papers)
Comment: ‘‘The U.S. Department of
Energy (DOE) has reviewed the
proposed 10 CFR parts 170 and 171 fee
schedule for FY 2020. The DOE finds
that the basis for the total annual fee
amount and the level of effort to support
the general licenses for [UMTRCA] sites
is not presented in the proposed rule or
associated work papers. Additionally,
the bases for allocation percentages for
DOE and other uranium recovery
licensees and the generic/other uranium
recovery costs in the proposed rule and
work papers are not presented. The DOE
requests that the US NRC clarify the
rationale for the various fee components
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that are used to determine the total
charge. This will help DOE evaluate
whether the proposed NRC scope is
consistent with anticipated DOE
activities and establish the basis for
DOE’s estimate of annual uranium
licensee fees in its budget request.’’
(DOE)
Response: The NRC described the
overall methodology for determining
fees for uranium recovery facilities,
including DOE, in the 2002 fee rule (67
FR 42625; June 24, 2002), and the NRC
continues to use this methodology. As
the NRC explained in the FY 2020
proposed fee rule, the NRC recovers fees
from DOE through both user fees
charged under 10 CFR part 170 for
specific UMTRCA oversight activities
and annual fees charged under 10 CFR
part 171 for generic and other costs
related to UMTRCA and other uranium
recovery activities. As shown in the
work papers referenced in the proposed
fee rule, the NRC calculated the total
amount of budgeted resources for
UMTRCA activities related to DOE sites
in the FY 2020 budget by computing the
cost of staff hours budgeted to conduct
the work (in terms of full-time
equivalent, or FTE) and the budgeted
contract costs. The total amount of
budgeted resources was reduced by the
amount expected to be recovered by 10
CFR part 170 user fees for site-specific
UMTRCA activities. The NRC estimated
the amount of 10 CFR part 170 user fees
by analyzing billing data and the actual
contractual work charged to DOE for the
previous four quarters. The estimate,
therefore, reflects any recent reductions
in NRC oversight activities. The
remainder of the UMTRCA budgeted
amount related to DOE sites is charged
to DOE for generic activities. In addition
to those generic costs, DOE was charged
for 10 percent of the overall generic
costs attributable to the uranium
recovery program. In other words, the
DOE fee includes the costs of generic
activities related to DOE sites and 10
percent of the overall generic costs
attributable to the uranium recovery
program. The remaining 90 percent of
the overall generic costs is charged to
the other members of the uranium
recovery fee class. The work papers also
provided information on all the values
of the effort/benefit factors used in the
uranium recovery matrix for FY 2020.
No changes were made to this final
rule because of this comment.
I. Small Entity Size Standards
Comment: ‘‘Regarding small entity
size standards, the NRC should consider
establishing lower licensing fees by
creating one or more additional ranges
between the $520,000 and $7,000,000
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gross annual receipts range. A fee rate
schedule with more steps for small
businesses would help reduce the
license fee burden on the smaller
entities and address small business
concerns.’’ (RE)
Response: To reduce the significance
of the annual fees on a substantial
number of small entities, the NRC
established the maximum small entity
fee in FY 1991. In FY 1992, the NRC
introduced a second lower tier to the
small entity fee. Because the NRC’s
methodology for small entity size
standards has been approved by the
Small Business Administration, the
NRC did not modify its current
methodology for this rulemaking.
However, as one of the ongoing Fees
Transformation initiatives, the NRC
conducted a financial survey of
materials licensees to determine
whether changes to the size standards
are needed. The NRC published a
document in the Federal Register (85
FR 6225; February 4, 2020) announcing
the survey, with a requested due date of
April 30, 2020, to complete the survey.
The survey results will be analyzed to
determine if changes are needed to the
current NRC nuclear industry-specific
small entity size standards in § 2.810.
No change was made to this final rule
in response to this comment.
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J. Comments Generally Supporting
Actions of the Agency
Several commenters expressed
comments generally in favor of actions
that the agency is taking with respect to
fees, billing, and other aspects of the fee
rule process. Comments expressed
support for the public meetings NRC
held on the proposed fee rule; improved
efficiency and clarity of the fee and
invoicing process; NRC’s eBilling
system; the policy change to modify the
timing of when annual fees commence
for power reactor licensees; actions to
decrease and right-size the fuel facilities
budget to right-size the budget to reflect
a reduced workload; and other
improvements made as part of the Fees
Transformation Initiative. No change
was made to this final rule in response
to this comment.
K. Comments on Matters Not Related to
This Rulemaking
Several commenters raised issues
outside the scope of the FY 2020 fee
rule. Commenters raised concerns with
the agency’s budgeting process and
requested public participation on the
agency’s budget formulation process. A
few commenters requested expediting
efficiency efforts and engaging industry
regarding additional efficiencies and
risk-informing the current regulatory
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program. These matters are outside the
scope of this final rule. The primary
purpose of the rule is to update the
NRC’s fee schedules to recover
approximately 90 percent of the NRC’s
budgeted authority for the current fiscal
year, and to make other necessary
corrections or appropriate changes to
specific aspects of the NRC’s fee
regulations in order to ensure
compliance with OBRA–90.
The NRC understands the importance
of examining and improving the
efficiency of its operations and the
prioritization of its regulatory activities.
Accordingly, the NRC has undertaken,
and continues to undertake, a number of
significant initiatives aimed at
improving the efficiency of NRC
operations and enhancing the agency’s
approach to regulating. Though
comments raising these issues are not
within the scope of this final rule, the
NRC will consider this input in its
future program operations.
VI. Regulatory Flexibility Certification
As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA),4 the NRC has prepared a
regulatory flexibility analysis related to
this final rule. The regulatory flexibility
analysis is available as indicated in
Section XIV, Availability of Documents,
of this document.
VII. Regulatory Analysis
Under OBRA–90, the NRC is required
to recover approximately 90 percent of
its budget authority in FY 2020. 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
OBRA–90.
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.
VIII. Backfitting and Issue Finality
The NRC has determined that the
backfit rule, § 50.109, does not apply to
this final rule and that a backfit analysis
is not required. A backfit analysis is not
required because these amendments do
not require the modification of, or
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).
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37269
addition to, systems, structures,
components, or the design of a facility,
or the design approval or manufacturing
license for a facility, or the procedures
or organization required to design,
construct, or operate a facility.
IX. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise, and
well-organized manner. The NRC has
written this document to be consistent
with the Plain Writing Act, as well as
the Presidential Memorandum, ‘‘Plain
Language in Government Writing,’’
published June 10, 1998 (63 FR 31885).
X. National Environmental Policy Act
The rule is limited to amending the
NRC’s administrative requirements in
10 CFR parts 170 and 171. Therefore,
this action is categorically excluded
from needing environmental review, as
described in § 51.22(c)(1). Consequently,
neither an environmental impact
statement nor an environmental
assessment has been prepared for this
final rule.
XI. Paperwork Reduction Act
This final rule does not contain a
collection of information as defined in
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) and, therefore,
is not subject to the requirements of the
Paperwork Reduction Act of 1995.
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.
XII. Congressional Review Act
This final rule is a rule as defined in
the Congressional Review Act of 1996 (5
U.S.C. 801–808). The Office of
Management and Budget has found it to
be a major rule as defined in the
Congressional Review Act.
XIII. 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
approximately 90 percent of its budget
authority in FY 2020, as required by
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OBRA–90. This action does not
constitute the establishment of a
standard that contains generally
applicable requirements.
XIV. Availability of Guidance
The Small Business Regulatory
Enforcement Fairness Act requires all
Federal agencies to prepare a written
compliance guide for each rule for
which the agency is required by 5 U.S.C.
604 to prepare a regulatory flexibility
analysis. The NRC, in compliance with
the law, prepared the ‘‘Small Entity
Compliance Guide’’ for the FY 2019
proposed fee rule. The NRC plans to
continue to use this compliance guide
for FY 2020 and has relabeled the
compliance guide to reflect the current
fiscal year. The FY 2020 version of the
compliance guide is available as
indicated in Section XIV, Availability of
Documents, of this document. The next
compliance guide will be developed
when the NRC completes the next small
entity biennial review in FY 2021.
XV. Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
Documents
Adams Accession No./web link
SECY–05–0164, ‘‘Annual Fee Calculation Method,’’ dated September 15, 2005 ..........
SECY–16–0097, ‘‘Fee Setting Improvements and Fiscal Year 2017 Proposed Fee
Rule,’’ dated August 15, 2016.
Staff Requirements Memorandum for SECY–16–0097, dated October 19, 2016 ..........
NUREG–1100, Volume 35, ‘‘Congressional Budget Justification: Fiscal Year 2020’’
(February 2019).
Petition for Rulemaking–171–1, ‘‘Petition to Amend 10 CFR 171.15, ‘‘Reactor Licenses and Independent Spent Fuel Storage Licenses,’’ dated February 28, 2019.
‘‘Nuclear Power Plant License Fees Upon Commencing Commercial Operation,’’ partial consideration in the rulemaking process (84 FR 65032; November 26, 2019).
FY 2020 Final Rule Work Papers ....................................................................................
‘‘Uranium Recovery Flat Fee Pilot Initiative: A Report for the Senate Committee on
Environment and Public Works and the House Committee on Energy and Commerce’’.
FY 2020 Final Fee Rule ..................................................................................................
FY 2020 Regulatory Flexibility Analysis ..........................................................................
FY 2020 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide ...........
NRC Form 526, ‘‘Certification of Small Entity Status for the Purposes of Annual Fees
Imposed under 10 CFR Part 171’’.
OMB Circular A–25, ‘‘User Charges’’ ..............................................................................
Fees Transformation Accomplishments ..........................................................................
ML052580332.
ML16194A365.
ML16293A902.
ML19065A279.
ML19081A015.
ML19304B492.
ML20142A363.
ML20010D684.
ML20114E208.
ML20120A537.
ML19318G044.
https://www.nrc.gov/reading-rm/doc-collections/forms/
nrc526.pdf.
https://www.whitehouse.gov/sites/whitehouse.gov/files/
omb/assets/OMB/circulars/a025/a025.html.
https://www.nrc.gov/about-nrc/regulatory/licensing/feestransformation-accomplishments.html.
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 adopting the following
amendments to 10 CFR parts 170 and
171:
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.
PART 170—FEES FOR FACILITIES,
MATERIALS, IMPORT AND EXPORT
LICENSES, AND OTHER
REGULATORY SERVICES UNDER THE
ATOMIC ENERGY ACT OF 1954, AS
AMENDED
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. 2214; 31 U.S.C.
901, 902, 9701; 44 U.S.C. 3504 note.
§ 170.20
[Amended]
2. In § 170.20, remove the dollar
amount ‘‘$275’’ and add in its place the
dollar amount ‘‘$279’’.
■ 3. In § 170.21, in the table, revise the
entry for ‘‘K. Import and export
licenses’’ and footnotes 1 and 6 to read
as follows:
■
§ 170.21 Schedule of fees for production
and utilization facilities, review of standard
referenced design approvals, special
projects, inspections and import and export
licenses.
*
*
*
*
*
SCHEDULE OF FACILITY FEES
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[See footnotes at end of table]
Fees1 2
Facility categories and type of fees
*
*
*
*
*
K. Import and export licenses 6
Licenses for the import and export only of production or utilization facilities or the export only of components for production or utilization facilities issued under 10 CFR part 110.
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*
*
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SCHEDULE OF FACILITY FEES—Continued
[See footnotes at end of table]
Fees1 2
Facility categories and type of fees
1. Application for import or export of production or utilization facilities 4 (including reactors and
other facilities) and exports of components requiring Commission and Executive Branch review,
for example, actions under 10 CFR 110.40(b).
Application—new license, or amendment; or license exemption request ...................................
2. Application for export of reactor and other components requiring Executive Branch review, for
example, those actions under 10 CFR 110.41(a).
Application—new license, or amendment; or license exemption request ...................................
3. Application for export of components requiring the assistance of the Executive Branch to obtain
foreign government assurances.
Application—new license, or amendment; or license exemption request ...................................
4. Application for export of facility components and equipment not requiring Commission or Executive Branch review, or obtaining foreign government assurances.
Application—new license, or amendment; or license exemption request ...................................
5. Minor amendment of any active 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 or conditions or to the type of facility or component authorized for export and, therefore, do not require in-depth analysis or review or consultation with the
Executive Branch, U.S. host state, or foreign government authorities.
Minor amendment to license ........................................................................................................
N/A.
N/A.
N/A.
N/A.
N/A.
1 Fees
will be charged for approvals issued under a specific exemption provision of the Commission’s regulations under title 10 of the Code of
Federal Regulations (e.g., 10 CFR 50.12, 10 CFR 73.5) and any other sections in effect now or in the future, regardless of whether the approval
is in the form of a license amendment, letter of approval, safety evaluation report, or other form.
2 Full cost fees will be determined based on the professional staff time and appropriate contractual support services expended. For applications
currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the
review of the application up to the effective date of the final rule will be determined at the professional rates in effect when the service was provided.
*
*
*
*
*
*
*
4 Imports only of major components for end-use at NRC-licensed reactors are authorized under NRC general import license in 10 CFR 110.27.
*
*
*
*
*
*
*
6 Because the Further Consolidated Appropriations Act, 2020, excludes international activities from the fee-recoverable budget in FY 2020, import and export licensing actions will not incur fees.
4. In § 170.31, revise the table to read
as follows:
■
§ 170.31 Schedule of fees for materials
licenses and other regulatory services,
including inspections, and import and
export licenses.
*
*
*
*
*
TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES
[See footnotes at end of table]
khammond on DSKJM1Z7X2PROD with RULES3
Category of materials licenses and type of fees 1
Fees 2 3
1. Special nuclear material: 11
A. (1) Licenses for possession and use of U–235 or plutonium for fuel fabrication activities.
(a) Strategic Special Nuclear Material (High Enriched Uranium) 6 [Program Code(s): 21213] .................................
(b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel 6 [Program Code(s):
21210].
(2) All other special nuclear materials licenses not included in Category 1.A. (1) which are licensed for fuel cycle activities.6
(a) Facilities with limited operations 6 [Program Code(s): 21240, 21310, 21320] ......................................................
(b) Gas centrifuge enrichment demonstration facilities.6 [Program Code(s): 21205] ................................................
(c) Others, including hot cell facilities.6 [Program Code(s): 21130, 21133] ...............................................................
B. Licenses for receipt and storage 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 special nuclear material of less than a critical mass as defined in § 70.4 in sealed
sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers.4 Application
[Program Code(s): 22140].
D. All other special nuclear material licenses, except licenses authorizing special nuclear material in sealed or unsealed
form in combination that would constitute a critical mass, as defined in § 70.4 of this chapter, for which the licensee
shall pay the same fees as those under Category 1.A.4 Application [Program Code(s): 22110, 22111, 22120, 22131,
22136, 22150, 22151, 22161, 22170, 23100, 23300, 23310].
E. Licenses or certificates for construction and operation of a uranium enrichment facility 6 [Program Code(s): 21200] .......
F. Licenses for possession and use of special nuclear material greater than critical mass as defined in § 70.4 of this
chapter, for development and testing of commercial products, and other non-fuel-cycle activities.4 6 [Program Code(s):
22155].
2. Source material: 11
A. (1) Licenses for possession and use of source 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].
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Full Cost.
Full Cost.
Full
Full
Full
Full
Cost.
Cost.
Cost.
Cost.
$1,300.
$2,600.
Full Cost.
Full Cost.
Full Cost.
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TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued
[See footnotes at end of table]
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Category of materials licenses and type of fees 1
Fees 2 3
(2) Licenses for possession and use of source material in recovery operations such as milling, in-situ recovery, heapleaching, ore buying stations, ion-exchange facilities, and in processing of ores containing source material for extraction of metals other than uranium or thorium, including licenses authorizing the possession of byproduct waste
material (tailings) from source material recovery operations, as well as licenses authorizing the possession and
maintenance of a facility in a standby mode.6
(a) Conventional and Heap Leach facilities 6 [Program Code(s): 11100] ..................................................................
(b) Basic In Situ Recovery facilities 6 [Program Code(s): 11500] ...............................................................................
(c) Expanded In Situ Recovery facilities6 [Program Code(s): 11510] ........................................................................
(d) In Situ Recovery Resin facilities 6 [Program Code(s): 11550] ..............................................................................
(e) Resin Toll Milling facilities 6 [Program Code(s): 11555] ........................................................................................
(f) Other facilities 6 [Program Code(s): 11700] ...........................................................................................................
(3) Licenses that authorize the 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 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 possession, use, and/or installation of source material for shielding.7 8 Application [Program Code(s): 11210].
C. Licenses to distribute items 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 material to persons generally licensed under part 40 of this chapter. Application [Program
Code(s): 11230, 11231].
E. Licenses for possession and use of source material for processing or manufacturing of products or materials containing source material for commercial distribution. Application [Program Code(s): 11710].
F. All other source material licenses. Application [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810, 11820]
3. Byproduct material: 11
A. Licenses of broad scope for 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: 1–5. Application [Program Code(s): 03211, 03212, 03213].
(1). Licenses of broad scope for 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 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 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 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 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 §§ 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 § 170.11(a)(4). Number of locations of use: 1–5. Application [Program Code(s):
02500, 02511, 02513].
(1). Licenses issued under §§ 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 § 170.11(a)(4). Number of locations of use: 6–20. Application
[Program Code(s): 04210, 04212, 04214].
(2). Licenses issued under §§ 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 § 170.11(a)(4). Number of locations of use: more than 20. Application [Program Code(s): 04211, 04213, 04215].
D. [Reserved] .............................................................................................................................................................................
E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the
source is not removed from its shield (self-shielded units). Application [Program Code(s): 03510, 03520].
F. Licenses for possession and use of less 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].
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Full
Full
Full
Full
Full
Full
Full
Cost.
Cost.
Cost.
Cost.
Cost.
Cost.
Cost.
Full Cost.
$1,200.
$4,300.
$2,800.
$2,700.
$2,700.
$13,100.
$17,400.
$21,700.
$3,600.
$4,800.
$6,000.
$5,200.
$6,900.
$8,700.
N/A.
$3,200.
$6,500.
37273
Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations
TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued
[See footnotes at end of table]
khammond on DSKJM1Z7X2PROD with RULES3
Category of materials licenses and type of fees 1
Fees 2 3
G. Licenses for possession and use of greater than 10,000 curies of byproduct material in sealed sources for irradiation
of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators
for irradiation of materials where the source is not exposed for irradiation purposes. Application [Program Code(s):
03521].
H. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of part 30 of this chapter. The category does
not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. Application [Program Code(s): 03254, 03255, 03257].
I. Licenses issued under subpart A of part 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, 03252, 03253, 03256].
J. Licenses issued under subpart B of 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 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 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 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 possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: more
than 20. Application [Program Code(s): 04611, 04613, 04615, 04617, 04619, 04621, 04623].
M. Other licenses for possession and use 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 disposal
services are subject to the fees specified in fee Categories 4.A., 4.B., and 4.C. Application [Program Code(s): 03219,
03225, 03226].
O. Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography
operations. Number of locations of use: 1–5. Application [Program Code(s): 03310, 03320].
(1). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. Number of locations of use: 6–20. Application [Program Code(s): 04310, 04312].
(2). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. Number of locations of use: more than 20. Application [Program Code(s): 04311, 04313].
P. All other specific byproduct material 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 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 material licenses, except those in Categories 4.A. through 9.D.9 Number of locations
of use: More than 20. Application [Program Code(s): 04411, 04413, 04415, 04417, 04419, 04421, 04423, 04425,
04427, 04429, 04431, 04433, 04435, 04437, 04439].
Q. Registration of a device(s) generally licensed under part 31 of this chapter. Registration .................................................
R. Possession of items or products containing radium-226 identified in 10 CFR 31.12 which exceed the number of items
or limits specified in that section.5 1. Possession of quantities exceeding the number of items or limits in 10 CFR
31.12(a)(4) or (5) but less than or equal to 10 times the number of items or limits specified. Application [Program
Code(s): 02700].
2. Possession of quantities exceeding 10 times the number of items or limits specified in 10 CFR 31.12(a)(4) or (5).
Application [Program Code(s): 02710].
S. Licenses for production of accelerator-produced radionuclides. Application [Program Code(s): 03210] ............................
4. Waste disposal and processing: 11
A. Licenses specifically authorizing 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 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].
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$62,300.
$6,700.
$11,600.
$2,000.
$1,100.
$5,500.
$7,300.
$9,100.
$8,300.
$8,900.
$6,400.
$8,500.
$10,600.
$4,700.
$6,300.
$7,900.
$600.
$2,600.
$2,500.
$14,300.
Full Cost.
$6,900.
37274
Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations
TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued
[See footnotes at end of table]
khammond on DSKJM1Z7X2PROD with RULES3
Category of materials licenses and type of fees 1
Fees 2 3
C. Licenses specifically authorizing 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 byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies. Application [Program Code(s): 03110,
03111, 03112].
B. Licenses for possession and use of byproduct material for field flooding tracer studies. Licensing [Program Code(s):
03113].
6. Nuclear laundries: 11
A. Licenses for commercial collection 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, 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 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 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 medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of
this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This
category also includes the possession and use of source material for shielding when authorized on the same license.
Number of locations of use: 1–5. Application [Program Code(s): 02110].
(1). Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and
70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. Number of locations of use: 6–20. Application [Program Code(s): 04710].
(2). Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and
70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. Number of locations of use: more than 20. Application [Program Code(s): 04711].
C. Other licenses issued under parts 30, 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 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 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 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 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 products containing byproduct material, source material, or special nuclear material
manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel
devices. Application—each device.
C. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except
reactor fuel, for commercial distribution. Application—each source.
D. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel. Application—each source.
10. Transportation of radioactive material:
A. Evaluation of casks, packages, and shipping containers.
1. Spent Fuel, High-Level Waste, and plutonium air packages ........................................................................................
2. Other Casks ...................................................................................................................................................................
B. Quality assurance program approvals issued under part 71 of this chapter.
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$5,000.
$4,600.
Full Cost.
$22,200.
$11,200.
$14,800.
$18,500.
$8,700.
$11,600.
$14,500.
$6,600.
$8,800.
$10,900.
$2,600.
$10,900.
$9,000.
$5,300.
$1,100.
Full Cost.
Full Cost.
37275
Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations
TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued
[See footnotes at end of table]
khammond on DSKJM1Z7X2PROD with RULES3
Category of materials licenses and type of fees 1
Fees 2 3
1. Users and Fabricators. Application ................................................................................................................................
Inspections ..................................................................................................................................................................
2. Users. Application ..........................................................................................................................................................
Inspections ..................................................................................................................................................................
C. Evaluation of security plans, route approvals, route surveys, and transportation security devices (including immobilization devices)..
11. Review of standardized spent fuel facilities. ..............................................................................................................................
12. Special projects: Including approvals, pre-application/licensing activities, and inspections. Application [Program Code:
25110].
13. A. Spent fuel storage cask Certificate of Compliance. ..............................................................................................................
B. Inspections related to storage of spent fuel under § 72.210 of this chapter ........................................................................
14. Decommissioning/Reclamation: 11
A. Byproduct, source, or special 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 activities associated with unlicensed sites, including MMLs, regardless of whether or not
the sites have been previously licensed.
15. Import and Export licenses: 12
Licenses issued under part 110 of this chapter for the import and export only of special nuclear material, source material,
tritium and other byproduct material, and the export only of heavy water, or nuclear grade graphite (fee categories
15.A. through 15.E.).
A. Application for export or import of nuclear materials, including radioactive waste requiring Commission and Executive
Branch review, for example, those actions under 10 CFR 110.40(b). Application—new license, or amendment; or license exemption request.
B. Application for export or 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 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 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 export or import license, for example, to extend the expiration date, change domestic
information, or make other revisions which do not involve any substantive changes to license terms and conditions or
to the type/quantity/chemical composition of the material authorized for export and, therefore, do not require in-depth
analysis, review, or consultations with other Executive Branch, U.S. host state, or foreign government authorities. Minor
amendment.
Licenses issued under part 110 of this chapter for the import and export only of Category 1 and Category 2 quantities of
radioactive material listed in appendix P to part 110 of this chapter (fee categories 15.F. through 15.R.).
Category 1 (Appendix P, 10 CFR Part 110) Exports:
F. Application for export of appendix P Category 1 materials requiring Commission review (e.g. exceptional circumstance
review under 10 CFR 110.42(e)(4)) and to obtain one government-to-government consent for this process. For additional consent see fee category 15.I. Application—new license, or amendment; or license exemption request.
G. Application for export of appendix P Category 1 materials requiring Executive Branch review and to obtain one government-to-government consent for this process. For additional consents see fee category 15.I. Application—new license, or amendment; or license exemption request.
H. Application for export of appendix P Category 1 materials and to obtain one government-to-government consent for
this process. For additional consents see fee category 15.I. Application—new license, or amendment; or license exemption request.
I. Requests for each additional government-to-government consent in support of an export license application or active
export license. Application—new license, or amendment; or license exemption request.
Category 2 (Appendix P, 10 CFR Part 110) Exports:
J. Application for export of appendix P Category 2 materials requiring Commission review (e.g. exceptional circumstance
review under 10 CFR 110.42(e)(4)). Application—new license, or amendment; or license exemption request.
K. Applications for export of appendix P Category 2 materials requiring Executive Branch review. Application—new license, or amendment; or license exemption request.
L. Application for the export of Category 2 materials. Application—new license, or amendment; or license exemption request.
M. [Reserved] ............................................................................................................................................................................
N. [Reserved] .............................................................................................................................................................................
O. [Reserved] ............................................................................................................................................................................
P. [Reserved] .............................................................................................................................................................................
Q. [Reserved] ............................................................................................................................................................................
Minor Amendments (Category 1 and 2, Appendix P, 10 CFR Part 110, Export):
R. Minor amendment of any active 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.
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$4,200.
Full Cost.
$4,200.
Full Cost.
Full Cost.
Full Cost.
Full Cost.
Full Cost.
Full Cost.
Full Cost.
Full Cost.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
37276
Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations
TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued
[See footnotes at end of table]
Category of materials licenses and type of fees 1
Fees 2 3
16. Reciprocity:
Agreement State licensees who conduct activities under the reciprocity provisions of 10 CFR 150.20. Application .............
17. Master materials licenses of broad scope issued to Government agencies. Application [Program Code(s): 03614]
18. Department of Energy.
A. Certificates of Compliance. 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 Control Act (UMTRCA) activities .......................................................................................
$2,100.
Full Cost.
Full Cost.
Full Cost.
1 Types
khammond on DSKJM1Z7X2PROD with RULES3
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:
(a) 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.
(1) 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.
(2) 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.
(b) 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 § 170.12(b).
(c) 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.
(d) 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 § 170.12(c).
(e) 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
§ 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 Further Consolidated Appropriations Act, 2020, excludes international activities from the fee-recoverable budget in FY 2020, import and export licensing actions will not be charged fees.
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
5. 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,
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2201(w), 2273, 2282); Energy Reorganization
Act of 1974, sec. 201 (42 U.S.C. 5841); 42
U.S.C. 2214; 44 U.S.C. 3504 note.
■
6. Revise § 171.3 to read as follows:
§ 171.3
Scope.
The regulations in this part apply to
any person holding an operating license
for a test reactor or research reactor
issued under part 50 of this chapter, and
to any person holding an operating
license for a power reactor licensed
under 10 CFR part 50 or a combined
license issued under 10 CFR part 52 that
has provided notification to the NRC
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that the licensee has successfully
completed power ascension testing. The
regulations in this part also apply to any
person holding a materials license as
defined in this part, a Certificate of
Compliance, a sealed source or device
registration, a quality assurance program
approval, and to a Government agency
as defined in this part. Notwithstanding
the other provisions in this section, the
regulations in this part do not apply to
uranium recovery and fuel facility
licensees until after the Commission
verifies through inspection that the
E:\FR\FM\19JNR3.SGM
19JNR3
Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations
facility has been constructed in
accordance with the requirements of the
license.
■ 7. In § 171.15, revise paragraphs (a),
(b)(1), (b)(2) introductory text, (c)(1),
(c)(2) introductory text, (d)(1)
introductory text, (d)(2) and (3), and (f)
to read as follows:
§ 171.15 Annual fees: Reactor licenses
and independent spent fuel storage
licenses.
khammond on DSKJM1Z7X2PROD with RULES3
(a) Each person holding an operating
license for a test or research reactor;
each person holding an operating
license for a power reactor licensed
under 10 CFR part 50 or a combined
license under 10 CFR part 52 that has
provided notification to the NRC that
the licensee has successfully completed
power ascension testing; each person
holding a 10 CFR part 50 or 10 CFR part
52 power reactor license that is in
decommissioning or possession only
status, except those that have no spent
fuel onsite; and each person holding a
10 CFR part 72 license who does not
hold a 10 CFR part 50 or 10 CFR part
52 license and provides notification in
accordance with 10 CFR 72.80(g), shall
pay the annual fee for each license held
during the Federal fiscal year in which
the fee is due. This paragraph (a) does
not apply to test or research reactors
exempted under § 171.11(b).
(b)(1) The FY 2020 annual fee for each
operating power reactor that must be
collected by September 30, 2020, is
$4,621,000.
(2) The FY 2020 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 (fee-relief
adjustment). 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 2020 fee-relief adjustment are
shown in paragraph (d)(1) of this
section. The activities comprising the
FY 2020 base annual fee for operating
power reactors are as follows:
*
*
*
*
*
(c)(1) The FY 2020 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 $188,000.
(2) The FY 2020 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) and a feerelief adjustment. The activities
comprising the FY 2020 fee-relief
adjustment are shown in paragraph
(d)(1) of this section. The activities
comprising the FY 2020 spent fuel
storage/reactor decommissioning
rebaselined annual fee are:
*
*
*
*
*
(d)(1) The fee-relief adjustment
allocated to annual fees includes a
surcharge for the activities listed in
paragraph (d)(1)(i) of this section, plus
the amount remaining after total
budgeted resources for the activities
included in paragraphs (d)(1)(ii) and
(iii) of this section are reduced by the
appropriations the NRC receives for
these types of activities. If the NRC’s
appropriations for these types of
activities are greater than the budgeted
resources for the activities included in
paragraphs (d)(1)(ii) and (iii) of this
section for a given fiscal year, annual
fees will be reduced. The activities
comprising the FY 2020 fee-relief
adjustment are as follows:
*
*
*
*
*
(2) The total FY 2020 fee-relief
adjustment allocated to the operating
power reactor class of licenses is a
$1,152,477 fee-relief credit, not
including the amount allocated to the
spent fuel storage/reactor
decommissioning class. The FY 2020
operating power reactor fee-relief
adjustment to be assessed to each
operating power reactor is
approximately a $12,131 fee-relief
credit. This amount is calculated by
dividing the total operating power
reactor fee-relief credit, $1,152,477, by
the number of operating power reactors
(95).
(3) The FY 2020 fee-relief adjustment
allocated to the spent fuel storage/
reactor decommissioning class of
licenses is a $71,443 fee-relief credit.
The FY 2020 spent fuel storage/reactor
decommissioning fee-relief adjustment
to be assessed to each operating power
reactor, each power reactor in
decommissioning or possession-only
status that has spent fuel onsite, and to
each independent spent fuel storage 10
CFR part 72 licensee who does not hold
a 10 CFR part 50 license, is a $586 feerelief credit. This amount is calculated
by dividing the total fee-relief credit by
the total number of power reactors
licenses, except those that permanently
ceased operations and have no fuel
onsite, and 10 CFR part 72 licensees
who do not hold a 10 CFR part 50
license.
*
*
*
*
*
(f) The FY 2020 annual fees for
licensees authorized to operate a
research or test (non-power) reactor
licensed under 10 CFR part 50, unless
the reactor is exempted from fees under
§ 171.11(b), are as follows:
Research reactor ..................
Test reactor ..........................
8. In § 171.16, revise paragraphs (c),
(d), and (e) introductory text to read as
follows:
§ 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.
*
*
*
*
*
(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 following table.
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:
Maximum
annual fee
per licensed
category
Small Businesses Not Engaged in Manufacturing (Average gross receipts over last 3 completed fiscal years):
$485,000 to $7 million ..................................................................................................................................................................
Less than $485,000 ......................................................................................................................................................................
Small Not-For-Profit Organizations (Annual Gross Receipts):
$485,000 to $7 million ..................................................................................................................................................................
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$81,300
$81,300
■
NRC small entity classification
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37277
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19JNR3
$4,500
900
4,500
37278
Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations
Maximum
annual fee
per licensed
category
NRC small entity classification
Less than $485,000 ......................................................................................................................................................................
Manufacturing Entities that Have An Average of 500 Employees or Fewer:
35 to 500 employees ....................................................................................................................................................................
Fewer than 35 employees ............................................................................................................................................................
Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population):
20,000 to 49,999 ..........................................................................................................................................................................
Fewer than 20,000 .......................................................................................................................................................................
Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Fewer:
35 to 500 employees ....................................................................................................................................................................
Fewer than 35 employees ............................................................................................................................................................
(d) The FY 2020 annual fees are
comprised of a base annual fee and an
allocation for fee-relief adjustment. The
activities comprising the FY 2020 fee-
relief adjustment are shown for
convenience in paragraph (e) of this
section. The FY 2020 annual fees for
materials licensees and holders of
900
4,500
900
4,500
900
4,500
900
certificates, registrations, or approvals
subject to fees under this section are
shown in the following table:
SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC
[See footnotes at end of table]
Annual
fees 1 2 3
khammond on DSKJM1Z7X2PROD with RULES3
Category of materials licenses
1. Special nuclear material:
A. (1) Licenses for possession and use of U–235 or plutonium for fuel fabrication activities.
(a) Strategic Special Nuclear Material (High Enriched Uranium) 15 [Program Code(s): 21213] ..........................................
(b) Low Enriched Uranium in Dispersible Form 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 [Program Code(s): 21310, 21320] ...........................................................................
(b) Gas centrifuge enrichment demonstration facility 15 [Program Code(s): 21205] ............................................................
(c) Others, including hot cell facility 15 [Program Code(s): 21130, 21133] ...........................................................................
B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C (GTCC) waste at an independent spent fuel storage installation (ISFSI) 11 15 [Program Code(s): 23200] ......................................................................
C. Licenses for possession and use of special nuclear material of less than a critical mass, as defined in § 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, except licenses authorizing special nuclear material in sealed or unsealed
form in combination that would constitute a critical mass, as defined in § 70.4 of this chapter, for which the licensee shall
pay the same fees as those under Category 1.A. [Program Code(s): 22110, 22111, 22120, 22131, 22136, 22150, 22151,
22161, 22170, 23100, 23300, 23310] ......................................................................................................................................
E. Licenses or certificates for the operation of a uranium enrichment facility 15 [Program Code(s): 21200] ..............................
F. Licenses for possession and use of special nuclear materials greater than critical mass, as defined in § 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 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 facilities.15 [Program Code(s): 11100] ...........................................................................
(b) Basic In Situ Recovery facilities.15 [Program Code(s): 11500] .......................................................................................
(c) Expanded In Situ Recovery facilities 15 [Program Code(s): 11510] ................................................................................
(d) In Situ Recovery Resin facilities.15 [Program Code(s): 11550] ......................................................................................
(e) Resin Toll Milling facilities.15 [Program Code(s): 11555] ................................................................................................
(f) Other facilities 6 [Program Code(s): 11700] ......................................................................................................................
(3) Licenses that authorize the 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).15 [Program Code(s): 11600, 12000] ............................................................................................................................
(4) Licenses that authorize the 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).15 [Program Code(s): 12010] ....
B. Licenses which authorize the possession, use, and/or installation of source material for shielding.16 17 Application [Program Code(s): 11210] ...............................................................................................................................................................
C. Licenses to distribute items containing source material to persons exempt from the licensing requirements of part 40 of
this chapter. [Program Code: 11240] .......................................................................................................................................
D. Licenses to distribute source material to persons generally licensed under part 40 of this chapter. [Program Code(s):
11230 and 11231] .....................................................................................................................................................................
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$5,067,000
1,717,000
N/A
N/A
N/A
N/A
2,800
7,000
2,208,000
5,100
510,000
N/A
49,200
N/A
5 N/A
5 N/A
5 N/A
5 N/A
N/A
3,100
7,700
6,000
Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations
37279
SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued
[See footnotes at end of table]
Annual
fees 1 2 3
khammond on DSKJM1Z7X2PROD with RULES3
Category of materials licenses
E. Licenses for possession and use of source 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 Code(s): 11200, 11220, 11221, 11300, 11800, 11810, 11820] ......................
3. Byproduct material:
A. Licenses of broad scope for 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. [Program Code(s): 03211, 03212, 03213] ................................................................................................................
(1). Licenses of broad scope for 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. [Program Code(s): 03211, 03212, 03213] ...............................................................................
(2). Licenses of broad scope for 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. [Program Code(s): 04011, 04013, 04015] .................................................................
B. Other licenses for 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: 1–5. [Program
Code(s): 03214, 03215, 22135, 22162] ....................................................................................................................................
(1). Other licenses for 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.
[Program Code(s): 04110, 04112, 04114, 04116] ............................................................................................................
(2). Other licenses for 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. [Program Code(s): 04111, 04113, 04115, 04117] ..............................................................................................
C. Licenses issued under §§ 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 § 170.11(a)(4). Number of locations of use: 1–5. [Program Code(s): 02500, 02511, 02513] .......
(1). Licenses issued under §§ 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 § 170.11(a)(4). Number of locations of use: 6–20. [Program Code(s):
04210, 04212, 04214] ........................................................................................................................................................
(2). Licenses issued under §§ 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 § 170.11(a)(4). Number of locations of use: More than 20. [Program
Code(s): 04211, 04213, 04215] .........................................................................................................................................
D. [Reserved] ................................................................................................................................................................................
E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source
is not removed from its shield (self-shielded units) [Program Code(s): 03510, 03520] ..........................................................
F. Licenses for possession and use of less than or equal to 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater
irradiators for irradiation of materials in which the source is not exposed for irradiation purposes [Program Code(s):
03511] .......................................................................................................................................................................................
G. Licenses for possession and use of greater than 10,000 curies of byproduct material in sealed sources for irradiation of
materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for
irradiation of materials in which the source is not exposed for irradiation purposes [Program Code(s): 03521] ...................
H. Licenses issued under subpart A of part 32 of 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 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, 03252,
03253, 03256] ...........................................................................................................................................................................
J. Licenses issued under subpart B of 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, 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 this chapter to distribute items containing byproduct material or quantities
of byproduct material that do not require sealed source and/or device review to persons generally licensed under part 31
of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to
persons generally licensed under part 31 of this chapter [Program Code(s): 03242, 03244] .................................................
L. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for
research and development that do not authorize commercial distribution. Number of locations of use: 1–5. [Program
Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] ...............................................................................................
(1). Licenses of broad scope for possession and 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] ..............................................................................
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7,400
9,100
27,900
37,100
46,300
11,300
15,000
18,700
10,500
13,800
17,400
5 N/A
11,700
10,700
85,200
10,700
16,900
4,100
3,000
15,000
19,800
37280
Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations
SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued
[See footnotes at end of table]
Annual
fees 1 2 3
Category of materials licenses
4.
5.
6.
khammond on DSKJM1Z7X2PROD with RULES3
7.
(2). Licenses of broad scope for 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. [Program Code(s): 04611, 04613, 04615, 04617, 04619, 04621, 04623] .........................................................
M. Other licenses for possession and use of 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 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 material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized under part 40 of
this chapter when authorized on the same license Number of locations of use: 1–5. [Program Code(s): 03310, 03320] ....
(1). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized
under part 40 of this chapter when authorized on the same license. Number of locations of use: 6–20. [Program
Code(s): 04310, 04312] .....................................................................................................................................................
(2). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized
under part 40 of this chapter when authorized on the same license. Number of locations of use: More than 20. [Program Code(s): 04311, 04313] ...........................................................................................................................................
P. All other specific byproduct material licenses, 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 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 licenses, except those in Categories 4.A. through 9.D.18 Number of locations
of use: More than 20. [Program Code(s): 04411, 04413, 04415, 04417, 04419, 04421, 04423, 04425, 04427, 04429,
04431, 04433, 04435, 04437, 04439] ...............................................................................................................................
Q. Registration of devices generally licensed under part 31 of this chapter ...............................................................................
R. Possession of items or products containing radium–226 identified in 10 CFR 31.12 which exceed the number of items or
limits specified in that section:14.
(1). Possession of quantities exceeding the number of items or limits in 10 CFR 31.12(a)(4), or (5) but less than or
equal to 10 times the number of items or limits specified [Program Code(s): 02700] .....................................................
(2). Possession of quantities exceeding 10 times the number of items or limits specified in 10 CFR 31.12(a)(4) or (5)
[Program Code(s): 02710] .................................................................................................................................................
S. Licenses for production of accelerator-produced radionuclides [Program Code(s): 03210] ...................................................
Waste disposal and processing:
A. Licenses specifically authorizing 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. [Program Code(s): 03231, 03233,
03235, 03236, 06100, 06101] ...................................................................................................................................................
B. Licenses specifically authorizing 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. [Program Code(s): 03234] ...............................
C. Licenses specifically authorizing 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. [Program Code(s): 03232] ................................................................................................
Well logging:
A. Licenses for possession and use of byproduct 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 material for field flooding tracer studies. [Program Code(s): 03113] ...........
Nuclear laundries:
A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material. [Program Code(s): 03218] ......................................................................................................................
Medical licenses:
A. Licenses issued under parts 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. 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, 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] ................................................................................................................................................................................
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19JNR3
24,700
14,400
18,100
29,900
40,000
49,800
9,700
13,000
16,300
13 N/A
7,000
7,300
30,300
31,900
18,100
10,200
14,300
5 N/A
34,000
25,300
33,600
Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations
37281
SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued
[See footnotes at end of table]
Annual
fees 1 2 3
khammond on DSKJM1Z7X2PROD with RULES3
Category of materials licenses
(2). Licenses issued under parts 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. 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 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 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 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, 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, 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, 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 material, source material, or special nuclear material for civil defense activities. [Program Code(s): 03710] ............................................................................................................................................
9. Device, product, or sealed source safety evaluation:
A. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, or
special nuclear material, except reactor fuel devices, for commercial distribution ..................................................................
B. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, or
special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant,
except reactor fuel devices .......................................................................................................................................................
C. Registrations issued for the safety evaluation 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 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 plutonium air packages ...........................................................................................
2. Other Casks ......................................................................................................................................................................
B. Quality assurance program approvals issued under part 71 of this chapter.
1. Users and Fabricators .......................................................................................................................................................
2. Users .................................................................................................................................................................................
C. Evaluation of security plans, route approvals, route surveys, and transportation security devices (including immobilization
devices) .....................................................................................................................................................................................
11. Standardized spent fuel facilities ...................................................................................................................................................
12. Special Projects [Program Code(s): 25110] ..................................................................................................................................
13. A. Spent fuel storage cask Certificate of Compliance ..................................................................................................................
B. General licenses for storage of spent fuel under 10 CFR 72.210 ..........................................................................................
14. Decommissioning/Reclamation:
A. Byproduct, source, or special 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 activities associated with unlicensed sites, including MMLs, whether or not the sites have
been previously licensed ..........................................................................................................................................................
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42,000
30,800
41,100
51,200
14,800
19,700
24,500
7,000
13,800
11,400
6,700
1,400
6 N/A
6 N/A
6 N/A
6 N/A
6 N/A
6 N/A
6 N/A
6 N/A
12 N/A
7 20 N/A
7 N/A
37282
Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations
SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued
[See footnotes at end of table]
Annual
fees 1 2 3
Category of materials licenses
15.
16.
17.
18.
Import and Export licenses ............................................................................................................................................................
Reciprocity .....................................................................................................................................................................................
Master materials licenses of broad scope issued to Government agencies.15 [Program Code(s): 03614] .................................
Department of Energy:
A. Certificates of Compliance .......................................................................................................................................................
B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities [Program Code(s): 03237, 03238] ..................................
8 N/A
8 N/A
312,000
10 1,007,000
120,000
1 Annual
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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 § 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 § 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 U.S. Department of Energy that are not funded from the Nuclear Waste Fund.
11 See § 171.15(c).
12 See § 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.
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.
(e) The fee-relief adjustment allocated
to annual fees includes the budgeted
resources for the activities listed in
paragraph (e)(1) of this section, plus the
total budgeted resources for the
activities included in paragraphs (e)(2)
and (3) of this section, as reduced by the
appropriations the NRC receives for
these types of activities. If the NRC’s
appropriations for these types of
activities are greater than the budgeted
resources for the activities included in
paragraphs (e)(2) and (3) of this section
for a given fiscal year, a negative feerelief adjustment (or annual fee
reduction) will be allocated to annual
fees. The activities comprising the FY
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2020 fee-relief adjustment are as
follows:
*
*
*
*
*
9. In § 171.17, revise paragraphs (a)
introductory text and (a)(1) and (2) to
read as follows:
■
§ 171.17
Proration.
*
*
*
*
*
(a) Reactors, 10 CFR part 72 licensees
who do not hold 10 CFR part 50 or 10
CFR part 52 licenses, and materials
licenses with annual fees of $100,000 or
greater for a single fee category. The
NRC will base the proration of annual
fees for terminated and downgraded
licenses on the fee rule in effect at the
time the action is official. The NRC will
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base the determinations on the proration
requirements under paragraphs (a)(2)
and (3) of this section.
(1) New licenses. (i) The annual fees
for new licenses for power reactors that
are subject to fees under this part, for
which the licensee has notified the NRC
on or after October 1 of a fiscal year (FY)
that the licensee has successfully
completed power ascension testing, are
prorated on the basis of the number of
days remaining in the FY. Thereafter,
the full annual fee is due and payable
each subsequent FY.
(ii) The annual fees for new licenses
for non-power reactors, 10 CFR part 72
licensees who do not hold 10 CFR part
50 or 10 CFR part 52 licenses, and
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materials licenses with annual fees of
$100,000 or greater for a single fee
category for the current FY, that are
subject to fees under this part and are
granted a license to operate on or after
October 1 of a FY, are prorated on the
basis of the number of days remaining
in the FY. Thereafter, the full annual fee
is due and payable each subsequent FY.
(2) Terminations. The base operating
power reactor annual fee for operating
reactor licensees who have requested
amendment to withdraw operating
authority permanently during the FY
will be prorated based on the number of
days during the FY the license was in
effect before docketing of the
certifications for permanent cessation of
operations and permanent removal of
fuel from the reactor vessel or when a
final legally effective order to
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permanently cease operations has come
into effect. The spent fuel storage/
reactor decommissioning annual fee for
reactor licensees who permanently
cease operations and have permanently
removed fuel from the site during the
FY will be prorated on the basis of the
number of days remaining in the FY
after docketing of both the certifications
of permanent cessation of operations
and permanent removal of fuel from the
site. The spent fuel storage/reactor
decommissioning annual fee will be
prorated for those 10 CFR part 72
licensees who do not hold a10 CFR part
50 or 10 CFR part 52 license who
request termination of the 10 CFR part
72 license and permanently cease
activities authorized by the license
during the FY based on the number of
days the license was in effect before
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37283
receipt of the termination request. The
annual fee for materials licenses with
annual fees of $100,000 or greater for a
single fee category for the current FY
will be prorated based on the number of
days remaining in the FY when a
termination request or a request for a
possession-only license is received by
the NRC, provided the licensee
permanently ceased licensed activities
during the specified period.
*
*
*
*
*
Dated: June 5, 2020.
For the Nuclear Regulatory Commission.
Cherish K. Johnson,
Chief Financial Officer.
[FR Doc. 2020–13031 Filed 6–18–20; 8:45 am]
BILLING CODE 7590–01–P
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]]>Agencies
[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)]
[Rules and Regulations]
[Pages 37250-37283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13031]
[[Page 37249]]
Vol. 85
Friday,
No. 119
June 19, 2020
Parts III
Nuclear Regulatory Commission
-----------------------------------------------------------------------
10 CFR Part 170 and 171
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Revision of Fee Schedules; Fee Recovery for Fiscal Year 2020; Final
Rule
Federal Register / Vol. 85 , No. 119 / Friday, June 19, 2020 / Rules
and Regulations
[[Page 37250]]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 170 and 171
[NRC-2017-0228; Docket No. PRM-171-1; NRC-2019-0084]
RIN 3150-AK10
Revision of Fee Schedules; Fee Recovery for Fiscal Year 2020
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 implement
the Omnibus Budget Reconciliation Act of 1990, as amended (OBRA-90),
which requires the NRC to recover approximately 90 percent of its
annual budget through fees less certain amounts excluded from this fee-
recovery requirement. To mitigate the financial impact and economic
disruption caused by the COVID-19 Pandemic, the NRC has suspended
billing of annual fees and fees for services for the 90-day period of
April through June 2020. Deferred fees will be billed in July 2020.
DATES: This final rule is effective on August 18, 2020.
ADDRESSES: Please refer to Docket ID NRC-2017-0228 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-2017-0228. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this final rule.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document. For the convenience of the
reader, the ADAMS accession numbers and instructions about obtaining
materials referenced in this document are provided in the
``Availability of Documents'' section of this document.
FOR FURTHER INFORMATION CONTACT: Anthony Rossi, Office of the Chief
Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-7341; email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background; Statutory Authority
II. Petition for Rulemaking: (PRM-171-1; NRC-2019-0084)
III. Discussion
IV. Public Comment Analysis
V. Public Comments and NRC Responses
VI. Regulatory Flexibility Certification
VII. Regulatory Analysis
VIII. Backfitting and Issue Finality
IX. Plain Writing
X. National Environmental Policy Act
XI. Paperwork Reduction Act
XII. Congressional Review Act
XIII. Voluntary Consensus Standards
XIV. Availability of Guidance
XV. Availability of Documents
I. Background; Statutory Authority
The NRC's fee regulations are primarily governed by two laws: (1)
The Independent Offices Appropriation Act, 1952 (IOAA) (31 U.S.C.
9701), and (2) OBRA-90 (42 U.S.C. 2214). The IOAA generally authorizes
and encourages Federal regulatory agencies to recover--to the fullest
extent possible--costs attributable to services provided to
identifiable recipients. Under OBRA-90, the NRC must recover
approximately 90 percent of its budget authority for the fiscal year
through fees. In FY 2020, the following appropriated amounts are
excluded from the fee-recovery requirement: the development of a
regulatory infrastructure for advanced nuclear reactor technologies,
international activities, generic homeland security activities, Waste
Incidental to Reprocessing, and Inspector General services for the
Defense Nuclear Facilities Safety Board. Under OBRA-90, the NRC must
use its IOAA authority first to collect service fees for NRC work that
provides specific benefits to identifiable applicants and licensees
(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,'' authorize the fees the agency is
required to collect from specific beneficiaries. Because the NRC's fee
recovery under the IOAA (10 CFR part 170) will not equal 90 percent of
the agency's budget authority for the fiscal year, 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 meet OBRA-90's
fee-recovery requirement.
II. Petition for Rulemaking: (PRM-171-1; NRC-2019-0084)
On February 28, 2019, the NRC received a petition for rulemaking
(ADAMS Accession No. ML19081A015) from Dr. Michael D. Meier, on behalf
of the Southern Nuclear Operating Company (the petitioner). The
petitioner requested that the NRC revise its regulations in 10 CFR part
171 related to the start of the assessment of annual fees for combined
license (COL) holders licensed under 10 CFR part 52, ``Licenses,
Certifications, and Approvals for Nuclear Power Plants,'' to align with
the commencement of ``commercial operation'' of a licensed nuclear
power plant. Specifically, the petitioner requested that the NRC revise
the timing of when annual fees commence for COL holders to coincide
with when a reactor achieves ``commercial operation,'' rather than when
the NRC finds under Sec. 52.103(g) that the acceptance criteria in the
COL are met, after which the licensee can operate the facility. The
NRC's regulations at Sec. 171.15 currently require a 10 CFR part 52
COL holder to pay the annual fee upon the Commission's finding under
Sec. 52.103(g).
Public Comment on PRM-171-1
The NRC published a notice of docketing in the Federal Register (84
FR 26774; June 10, 2019), and requested public comment on the issues
raised in PRM-171-1. The comment period closed on July 10, 2019. The
NRC received five public comment submissions; these comments are
available on www.regulations.gov under the docket ID NRC-2019-0084.
Comments were submitted by Nuclear Energy Institute (NEI), several
industry stakeholders, and one non-government organization, and all
comments supported the petitioner's request. The NRC has carefully
considered the public comments received on PRM-171-1, and
[[Page 37251]]
provides this summary and analysis of the issues raised by the
commenters.
Comment: Two commenters recommended expanding the scope of the
rulemaking to apply to reactors licensed under 10 CFR part 50 and small
modular reactors with conforming changes to Sec. 171.19(e)(1).
Response: The NRC agrees with this comment. A power reactor can
submit an application under 10 CFR parts 50 and part 52; therefore, the
NRC found it reasonable to apply this to change to both 10 CFR parts.
Although this comment is beyond the scope of PRM-171-1, the NRC
considered this subject in its rulemaking for annual fees under 10 CFR
part 171 within the FY 2020 fee rule. The annual fee assessment for 10
CFR part 50 power reactor licensees and 10 CFR part 52 COL holders will
begin on the date of the licensee's written notification of successful
completion of power ascension testing. The NRC notes that 10 CFR part
50 includes non-power reactor licensees (e.g., test reactors, research
reactors) that the commenters did not separately distinguish. The NRC
will consider, expanding the scope of 10 CFR part 171 to cover other 10
CFR part 50 licensees in a future rulemaking.
Comment: One commenter stated that, ``[t]his is a drop in the
bucket of the overall costs associated with getting the plant online,
but is a great first step in removing government from the equation and
letting costs be determined by market forces . . . [licensees] could
then be able to assess their costs and set prices with the thumb of
government pressing less forcefully on the economic scales.''
Response: The NRC disagrees with the commenter's suggestion that
fees should be determined by market forces. The NRC is required by
statute, OBRA-90, as amended, to recover 90 percent of its budget in
fees assessed to licensees, less portions specifically excluded from
fee recovery or granted as fee-relief. Starting in FY 2021, the Nuclear
Energy Innovation and Modernization Act (NEIMA) will increase the
amount of the budget to be recovered to 100 percent, less portions
specifically excluded or determined by the Commission as fee-relief. To
maintain the cohesiveness of NRC's fee schedules, the Commission has
maintained appropriate policies to comply with statutory requirements.
The Commission previously addressed this issue in the statement of
considerations for the FY 2002 final fee rule (67 FR 42611; June 24,
2002) that ``the NRC has not based its fees on licensees' economic
status, market conditions, or the ability of licensees to pass through
the costs to its customers.'' In keeping with the agency's independent,
non-promotional regulatory role, the NRC's regulations deliberately are
not tied to economic viability or profitability, nor has the NRC
assessed fees based on these concepts.
No changes were made to the final rule as a result of these
comments.
PRM-171-1 Consideration
The petitioner requested that the NRC consider this rule change
within the context of its annual fee rulemaking to amend 10 CFR parts
170 and 171 to collect FY 2020 fees. The NRC published a notice in the
Federal Register (84 FR 65032; November 26, 2019) that granted partial
consideration by modifying the timing regarding the assessment of
annual fees for 10 CFR part 52 COL holders in the FY 2020 fee rule.
Based on its review of PRM-171-1 and the public comments, the NRC
is amending Sec. 171.15(a) to modify the timing regarding the
assessment of annual fees for 10 CFR part 52 COL holders. In addition,
the NRC is amending the timing regarding the assessment of annual fees
to apply to future 10 CFR part 50 power reactor licensees. See the FY
2020 Policy Changes section of this final rule for additional
information on the amendment resulting from PRM-171-1.
III. Discussion
FY 2020 Fee Collection--Overview
The NRC is issuing this FY 2020 final fee rule based on Public Law
(Pub. L.) 116-93--Further Consolidated Appropriations Act, 2020, (the
enacted budget). The final fee rule reflects a budget authority in the
amount of $855.6 million, a decrease of $55.4 million from FY 2019. As
explained previously, certain portions of the NRC's total budget are
excluded from OBRA-90's fee-recovery requirement. Based on the FY 2020
enacted budget, these exclusions total $46.6 million, consisting of
$15.5 million for the development of a regulatory infrastructure for
advanced nuclear reactor technologies; $14.5 million for international
activities; $14.1 million for generic homeland security activities;
$1.3 million for Waste Incidental to Reprocessing activities; and $1.2
million for Inspector General services for the Defense Nuclear
Facilities Safety Board. Additionally, OBRA-90 requires the NRC to
recover approximately 90 percent of the remaining budget authority for
the fiscal year--10 percent of the remaining budget authority need not
be recovered through fees. The NRC refers to the activities included in
this 10-percent as ``fee-relief'' activities.
After accounting for the fee-recovery exclusions, the fee-relief
activities, and net billing adjustments (i.e., the sum of unpaid
current year invoices (estimated) minus payments for prior year
invoices, and current year collections made for the termination of one
operating power reactor), the NRC must recover approximately $728.1
million in fees in FY 2020. Of this amount, the NRC estimates that
$220.2 million will be recovered through 10 CFR part 170 service fees
and approximately $507.9 million will be recovered through 10 CFR part
171 annual fees. Table I summarizes the fee-recovery amounts for the FY
2020 final fee rule using the enacted budget, and taking into account
excluded activities, fee-relief activities, and net billing
adjustments. For all information presented in the following tables,
individual values may not sum to totals due to rounding. Please see the
work papers (ADAMS Accession No. ML20142A363) for actual amounts.
Public Law 116-93--Further Consolidated Appropriations Act, 2020,
also includes direction for the NRC to use $40.0 million in prior year
unobligated carryover funds. The use of carryover funds allows the NRC
to accomplish the work needed without additional costs to licensees
because, consistent with the requirements of OBRA-90, fees are
calculated based on the budget authority enacted for the current fiscal
year and not carryover funds.
The Commission has authorized a suspension of billing of 10 CFR
part 171 annual fees, and 10 CFR part 170 fees for services, for the
90-day period of April through June 2020. This action includes all
annual fees that would have come due during the 90-day period and fees
for services that would have been billed in April for services rendered
January through March 2020. These deferred fees will be billed in July
2020. The NRC took this action to help mitigate the financial impacts
and economic disruptions caused by the COVID-19 Pandemic.
[[Page 37252]]
Table I--Budget and Fee Recovery Amounts 1
[Dollars in millions]
------------------------------------------------------------------------
FY 2019 final FY 2020 final
rule rule
------------------------------------------------------------------------
Total Budget Authority.................. $911.0 $855.6
Less Excluded Fee Items................. -43.4 -46.6
-------------------------------
Balance............................. 867.6 808.9
Fee Recovery Percent.................... 90 90
Total Amount to be Recovered............ 780.8 728.1
-------------------------------
Less Estimated Amount to be -252.1 -220.2
Recovered through 10 CFR Part 170
Fees...............................
Estimated Amount to be Recovered 528.7 507.9
through 10 CFR Part 171 Fees.......
-------------------------------
10 CFR Part 171 Billing Adjustments
Unpaid Current Year Invoices 4.5 4.5
(estimated)........................
Less Current Year Collections from a 0.0 -2.7
Terminated Reactor--Indian Point
Nuclear Generating, Unit 2.........
Less Payments Received in Current -2.8 -1.7
Year for Previous Year Invoices
(estimated)........................
-------------------------------
Adjusted 10 CFR Part 171 Annual Fee $530.5 $507.9
Collections Required...................
------------------------------------------------------------------------
FY 2020 Fee Collection--Professional Hourly Rate
---------------------------------------------------------------------------
\1\ For each table, numbers may not add due to rounding.
---------------------------------------------------------------------------
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 would be 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). 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] TR19JN20.000
For FY 2020, the NRC is increasing the professional hourly rate
from $278 to $279. The FY 2019 professional hourly rate was $278, as
discussed in the statement of considerations for both the FY 2019
proposed and final fee rules. During the development of the FY 2020
proposed fee rule, the NRC staff identified that the amendatory
language for 10 CFR 170.20, ``Average cost per professional staff-
hour,'' inadvertently was not updated in FY 2019 to reflect the
professional hourly rate of $278, which is why the regulatory language
in this final rule continues to show the FY 2018 professional hourly
rate of $275. The NRC has updated the statement of considerations for
the FY 2020 fee rule and the amendatory language to reflect the
proposed FY 2020 professional hourly rate of $279.
The slight increase in the FY 2020 professional hourly rate is
primarily due to the anticipated decline in number of mission-direct
FTE compared to FY 2019. The hourly rate is inversely related to the
mission-direct FTE amount, therefore as the number of mission-direct
FTE decrease the hourly rate can increase. The number of mission-direct
FTE is expected to decline by 109, primarily due to: (1) The
anticipated completion of the NuScale small modular reactor (SMR)
design certification review; (2) a reduction in workload associated
with the Clinch River Nuclear Site (Clinch River) early site permit;
(3) the power reactor plant closures of Oyster Creek Nuclear Generating
Station (Oyster Creek), Pilgrim Nuclear Power Station (Pilgrim), Three
Mile Island (TMI) Nuclear Generating Station, Unit 1 (TMI 1); (4) the
expected decline in submissions for fuel facility license renewal
applications; (5) the decrease in the number of fuel facility license
amendments; (6) the termination of the Mixed-Oxide (MOX) Fuel
Fabrication Facility construction authorization; and (7) efficiencies
gained within the fuel facilities inspection program. The FY 2020
estimate for annual mission-direct FTE productive hours is 1,510 hours,
which is unchanged from FY 2019. 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
II shows the professional hourly rate calculation methodology. The FY
2019 amounts are provided for comparison purposes.
[[Page 37253]]
Table II--Professional Hourly Rate Calculation
[Dollars in millions, except as noted]
------------------------------------------------------------------------
FY 2019 final FY 2020 final
rule rule
------------------------------------------------------------------------
Mission-Direct Program Salaries & $334.7 $314.6
Benefits...............................
Mission-Indirect Program Support........ $120.6 $110.8
Agency Support (Corporate Support and $304.5 $291.5
the IG)................................
-------------------------------
Subtotal............................ $759.8 $716.9
Less Offsetting Receipts 2.............. $0.0 $0.0
-------------------------------
Total Budgeted Resources Included in $759.8 $716.9
Professional Hourly Rate...........
Mission-Direct FTE (Whole numbers)...... 1,810 1,701
Annual Mission-Direct FTE Productive 1,510 1,510
Hours (Whole numbers)..................
Mission-Direct FTE Converted to Hours 2,733,100 2,568,510
(Mission-Direct FTE multiplied by
Annual Mission-Direct FTE Productive
Hours) (In Millions)...................
Professional Hourly Rate (Total Budgeted $278 $279
Resources Included in Professional
Hourly Rate Divided by Mission-Direct
FTE Converted to Hours) (Whole Numbers)
------------------------------------------------------------------------
FY 2020 Fee Collection--Flat Application Fee Changes
---------------------------------------------------------------------------
\2\ The fees collected by the NRC for Freedom of Information Act
(FOIA) services and indemnity fees (financial protection required of
all licensees for public liability claims at 10 CFR part 140) are
subtracted from the budgeted resources amount when calculating the
10 CFR part 170 professional hourly rate, per the guidance in the
Office of Management and Budget (OMB) Circular A-25, User Charges.
The budgeted resources for FOIA activities are allocated under the
product for Information Services within the Corporate Support
business line. The budgeted resources for indemnity activities are
allocated under the Licensing Actions and Research and Test Reactors
products within the Operating Reactors business line.
---------------------------------------------------------------------------
The NRC is amending the flat application fees it charges in its
schedule of fees in Sec. Sec. 170.21 and 170.31 to reflect the revised
professional hourly rate of $279. The NRC charges these fees to
applicants for materials licenses and other regulatory services, as
well as 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
2020. As part of its calculations, the NRC analyzes the actual hours
spent performing licensing actions and estimates the five-year average
professional staff hours that are needed to process licensing actions
as part of its biennial review of fees, which is required by Section
205(a) of the Chief Financial Officers Act of 1990 (31 U.S.C.
902(a)(8)). The NRC performed this review in FY 2019 and will perform
this review again in FY 2021. The higher professional hourly rate of
$279 is the primary reason for the increase in application fees. Please
see the work papers for more detail.
The NRC rounds these flat fees in such a way that ensures both
convenience for its stakeholders and that any rounding effects are
minimal. 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 licensing 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). Because the
enacted budget excludes international activities from the fee-
recoverable budget, import and exporting licensing activities, funded
through the international activities product line (see fee categories
K.1. through K.5. of Sec. 170.21 and fee categories 15.A. through
15.R. of Sec. 170.31) will not be charged flat fees under this final
rule. Applications filed on or after the effective date of the FY 2020
final fee rule will be subject to the revised fees in this final rule.
FY 2020 Fee Collection--Fee-Relief and Low-Level Waste Surcharge
As previously noted, OBRA-90 requires the NRC to recover
approximately 90 percent of its annual budget authority for the fiscal
year. The NRC applies the remaining 10 percent that is not recovered to
offset certain budgeted activities--see Table III for a full listing of
these ``fee-relief'' activities. If the amount budgeted for these fee-
relief activities is greater or less than 10 percent of the NRC's
annual budget authority (less the fee-recovery exclusions), then the
NRC applies a fee adjustment (either an increase or decrease) to all
licensees' annual fees, based on the percentage of the NRC's budgeted
resources allocated to each fee class.
In FY 2020, the amount budgeted for fee-relief activities is less
than the 10 percent threshold. Therefore, the NRC is assessing a fee-
relief credit that decreases all licensees' annual fees. Table III
summarizes the fee-relief activities budgeted for FY 2020. The FY 2019
amounts are provided for comparison purposes.
Table III--Fee-Relief Activities
[Dollars in millions]
------------------------------------------------------------------------
FY 2019 FY 2020
budgeted budgeted
Fee-relief activities resources resources
final rule final rule
------------------------------------------------------------------------
1. Activities not attributable to an
existing NRC licensee or class of
licensees:.............................
a. Agreement State oversight........ $11.5 $11.9
b. Scholarships and Fellowships..... 15.0 16.0
c. Medical Isotope Production 5.4 3.1
Infrastructure.....................
[[Page 37254]]
2. Activities not assessed under........
10 CFR part 170 service fees or 10 CFR
part 171 annual fees based on existing
law or Commission policy:..............
a. Fee exemption for nonprofit 9.1 9.0
educational institutions...........
b. Costs not recovered from small 8.0 7.6
entities under 10 CFR 171.16(c)....
c. Regulatory support to Agreement 14.7 12.2
States.............................
d. Generic decommissioning/ 12.9 12.0
reclamation (not related to the
power reactor and spent fuel
storage fee classes)...............
e. Uranium recovery program and 7.2 5.2
unregistered general licensees.....
f. Potential Department of Defense 2.1 1.7
remediation program Memorandum of
Understanding activities...........
g. Non-military radium sites........ 1.1 0.8
-------------------------------
Total fee-relief activities..... 87.0 79.6
Less 10 percent of the NRC's -86.8 -80.9
total FY budget (less the fee
recovery exclusions)...........
-------------------------------
Fee-Relief Adjustment to be 0.3 -1.3
Allocated to All Licensees'
Annual Fees................
------------------------------------------------------------------------
Table IV shows how the NRC allocates the $1.3 million fee-relief
credit to each licensee fee class. In addition to the fee-relief
credit, the NRC assesses a generic low-level waste (LLW) surcharge of
$3.4 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 by four generator classes: Academic, industrial,
medical, and utility. The ratio of waste volumes disposed 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 materials fee
classes. The materials portion is adjusted to account for the large
percentage of materials licensees that are licensed by the Agreement
States rather than the NRC.
The LLW surcharge amounts have changed since publication of the
proposed rule. The DOE updated MIMS with 2020 data; as a result of the
update, the LLW surcharge for operating power reactors fee class
increased from $2.8 million to $3.0 million and the LLW surcharge
decreased from $0.4 million to $0.3 million for fuel facilities; while
the LLW surcharge remained stable at $0.1 million for materials users.
Table IV shows the LLW surcharge and fee-relief credit and
allocation across the various fee classes.
Table IV--Allocation of Fee-Relief Adjustment and LLW Surcharge, FY 2020
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
LLW surcharge Fee-relief adjustment Total
-------------------------------------------------------------------------------
Percent $ Percent $ $
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors........ 87.4 2.997 86.4 -1.152 1.845
Spent Fuel Storage/Reactor 0.0 0.000 5.4 -0.071 -0.071
Decommissioning................
Research and Test Reactors...... 0.0 0.000 0.5 -0.006 -0.006
Fuel Facilities................. 10.0 0.343 3.4 -0.045 0.298
Materials Users................. 2.6 0.089 3.8 -0.051 0.039
Transportation.................. 0.0 0.000 0.5 -0.007 -0.007
Rare Earth Facilities........... 0.0 0.000 0.0 0.0 0.0
Uranium Recovery................ 0.0 0.000 0.1 -0.001 -0.001
-------------------------------------------------------------------------------
Total....................... 100.0 3.430 100.0 -1.334 2.096
----------------------------------------------------------------------------------------------------------------
FY 2020 Fee Collection--Revised Annual Fees
In accordance with SECY-05-0164, ``Annual Fee Calculation Method''
(ADAMS Accession No. ML052580332), the NRC rebaselines its annual fees
every year. ``Rebaselining'' entails analyzing the budget in detail and
then allocating the budgeted costs to various classes or subclasses of
licensees. It also includes updating the number of NRC licensees in its
fee calculation methodology.
The NRC revised its annual fees in Sec. Sec. 171.15 and 171.16 to
recover approximately 90 percent of the NRC's FY 2020 enacted budget
(less the fee-recovery exclusions and the estimated amount to be
recovered through 10 CFR part 170 fees). The total estimated 10 CFR
part 170 collections for this final rule are $220.2 million, a decrease
of $31.9 million from the FY 2019 final rule (see the specific fee
class sections for a discussion of this decrease). The NRC, therefore,
must recover $507.9 million through annual fees from its licensees,
which is a decrease of $22.6 million from the FY 2019 final rule.
[[Page 37255]]
Table V shows the final rebaselined fees for FY 2020 for a
representative list of licensee categories. The FY 2019 amounts are
provided for comparison purposes.
Table V--Rebaselined Annual Fees
[Actual dollars]
------------------------------------------------------------------------
FY 2019 final FY 2020 final
Class/category of licenses annual fee annual fee
------------------------------------------------------------------------
Operating Power Reactors................ $4,669,000 $4,621,000
+ Spent Fuel Storage/Reactor 152,000 188,000
Decommissioning........................
-------------------------------
Total, Combined Fee................. 4,821,000 4,809,000
Spent Fuel Storage/Reactor 152,000 188,000
Decommissioning........................
Research and Test Reactors (Non-power 82,400 81,300
Reactors)..............................
High Enriched Uranium Fuel Facility 6,675,000 5,067,000
(Category 1.A.(1)(a))..................
Low Enriched Uranium Fuel Facility 2,262,000 1,717,000
(Category 1.A.(1)(b))..................
Uranium Enrichment (Category 1.E)....... 3,513,000 2,208,000
UF6 Conversion and Deconversion Facility 1,417,000 510,000
(Category 2.A.(1)......................
Basic In Situ Recovery Facilities 49,200 49,200
(Category 2.A.(2)(b))..................
Typical Users: Radiographers (Category 30,200 29,900
3O)....................................
All Other Specific Byproduct Material 10,000 9,700
Licensees (Category 3P)................
Medical Other (Category 7C)............. 15,300 14,800
Device/Product Safety Evaluation--Broad 14,300 13,800
(Category 9A)..........................
------------------------------------------------------------------------
The work papers that support this final rule show in detail how the
NRC allocates the budgeted resources for each class of licensees and
calculates the fees.
Paragraphs a. through h. of this section describe the budgeted
resources allocated to each class of licensees and the calculations of
the rebaselined fees. For more information about detailed fee
calculations for each class, please consult the accompanying work
papers for this final rule.
a. Operating Power Reactors
The NRC will collect $439.0 million in annual fees from the
operating power reactors fee class in FY 2020, as shown in Table VI.
The FY 2019 fees are shown for comparison purposes.
Table VI--Annual Fee Summary Calculations for Operating Power Reactors
[Dollars in millions]
------------------------------------------------------------------------
Summary fee calculations FY 2019 final FY 2020 final
------------------------------------------------------------------------
Total budgeted resources................ $670.2 $623.9
Less estimated 10 CFR part 170 receipts. -217.7 -186.7
-------------------------------
Net 10 CFR part 171 resources....... 452.5 437.2
Allocated generic transportation........ 0.2 0.2
Fee-relief adjustment/LLW surcharge..... 3.4 1.9
Billing adjustment...................... 1.5 2.4
Adjustment: Estimated current year 0.0 -2.7
collections from terminated reactor
(Indian Point Unit 2)..................
-------------------------------
Total required annual fee recovery.. 457.6 439.0
Total operating reactors............ 98 95
Annual fee per reactor.................. 4.669 4.621
------------------------------------------------------------------------
In comparison to FY 2019, the resources budgeted for the operating
power reactors fee class decreased by $46.3 million due to a decline in
FTE that includes, but is not limited to, the following: (1) The
closures of Oyster Creek, Pilgrim, and TMI 1; (2) the delay in receipt
of the Utah Associated Municipal Power System SMR application; (3)
withdrawal of the Blue Castle large light-water reactor application;
(4) delay in the submittal of the Advanced Passive 1000 design
certification renewal application; (5) the near completion of Phase 4
of the NuScale SMR design certification review; (6) the completion of
the Clinch River early site permit technical review; (7) a reduction in
license amendment requests for the Vogtle Electric Generating Plant;
(8) expected delays in construction and operating license application
review activities for Bellefonte Nuclear Station, Units 1 and 2; (9)
efficiencies gained from the merger of the Office of Nuclear Reactor
Regulation and the Office of New Reactors; and (10) the completion of
flooding and integrated assessment work related to lessons learned from
the accident at Fukushima Dai-ichi in Japan. In addition, the total
budgeted resources decreased due to the utilization of prior year
unobligated carryover funding.
The 10 CFR part 170 estimated billings declined primarily due to
the following: (1) Decreases in both licensing actions and inspections
resulting from the shutdown of the Pilgrim and TMI 1 reactors at the
end of FY 2019; (2) the shutdown of Indian Point Nuclear Generating,
Unit 2 (Indian Point 2) during FY 2020; (3) the completion of the
Advanced Power Reactor-1400 design certification, issued in FY 2019 for
Korea Hydro and Nuclear Power Co., LTD.; and (4) the completion
[[Page 37256]]
of the NuScale SMR design certification review and the completion of
the Clinch River early site permit technical review. This decrease in
the 10 CFR part 170 estimated billings is partially offset by increased
work to support the Oklo Power LLC COL application for the Aurora micro
reactor.
The recoverable budgeted costs are divided equally among the 95
licensed operating power reactors, resulting in an annual fee of
$4,621,000 per reactor. As part of the final annual fee, an approximate
$2,725,000 current year collection adjustment was included in the
operating power reactors calculation due to the shutdown of Indian
Point 2 as shown in Table VI. Additionally, each licensed operating
power reactor is assessed the FY 2020 spent fuel storage/reactor
decommissioning annual fee of $188,000 (see Table VII and the
discussion that follows). The combined FY 2020 annual fee for each
operating power reactor is $4,809,000.
In FY 2016, the NRC amended its licensing, inspection, and annual
fee regulations to establish a variable annual fee structure for light-
water SMRs (81 FR 32617). Under the variable annual fee structure, an
SMR's annual fee would be calculated as a function of its licensed
thermal power rating. Currently, there are no operating SMRs;
therefore, the NRC will not assess an annual fee in FY 2020 for this
type of licensee.
b. Spent Fuel Storage/Reactor Decommissioning
The NRC will collect $22.9 million in annual fees from 10 CFR part
50 power reactors, and from 10 CFR part 72 licensees that do not hold a
10 CFR part 50 license, to recover the budgeted costs for the spent
fuel storage/reactor decommissioning fee class, as shown in Table VII.
The FY 2019 fees are shown for comparison purposes.
Table VII--Annual Fee Summary Calculations for Spent Fuel Storage/
Reactor Decommissioning
[Dollars in millions]
------------------------------------------------------------------------
Summary fee calculations FY 2019 final FY 2020 final
------------------------------------------------------------------------
Total budgeted resources................ $35.6 $37.9
Less estimated 10 CFR part 170 receipts. -17.8 -15.9
-------------------------------
Net 10 CFR part 171 resources....... 17.8 22.1
Allocated generic transportation costs.. 0.7 0.8
Fee-relief adjustment................... 0.0 -0.1
Billing adjustments..................... 0.1 0.1
-------------------------------
Total required annual fee recovery.. 18.6 22.9
Total spent fuel storage facilities. 122 122
Annual fee per facility................. 0.152 0.188
------------------------------------------------------------------------
In comparison to FY 2019, the resources budgeted for the spent fuel
storage/reactor decommissioning fee class increased to support the
following: (1) The review of new storage license renewal applications
for Holtec HI-Storm 100, TN-32, TN-68, NAC UMS, NAC-MPC, Westinghouse
W-150, and GE-Hitachi Morris Operation, which are expected in FY 2020;
(2) inspection activities related to site preparation for
decommissioning of TMI 1, Pilgrim, Oyster Creek, and Indian Point; and
(3) fuel performance research. In addition, budgeted resources for
contract costs increased due to a reduction in the utilization of prior
year unobligated carryover funding compared to FY 2019.
The 10 CFR part 170 estimated billings for FY 2020 decreased
primarily due to the following: (1) The completion of certain follow-up
inspections and enforcement activities for San Onofre Nuclear
Generating Station; (2) a reduction in the staff's review of the Holtec
HI-STORE consolidated interim storage facility application due to the
extension of the public comment period on the draft environmental
impact statement until the end of July; (3) the completion of the
Oyster Creek license transfer application and other licensing
activities; and (4) the completion of amendments, partial site release
requests, and final status surveys at multiple sites. This decrease in
the 10 CFR part 170 estimated billings is partially offset by increased
work to support the following: (1) License renewals, amendments, and
certificates of compliance (CoCs) at multiple sites, and (2) the
staff's review of the Indian Point 1 and TMI 2 license transfer
applications. The overall decrease in 10 CFR part 170 estimated
billings resulted in an increase in annual fees under 10 CFR part 171.
In addition, the annual fee increased due to the rise in generic
transportation costs as a result of two new CoCs in FY 2020.
The required annual fee recovery amount is divided equally among
122 licensees, resulting in an FY 2020 annual fee of $188,000 per
licensee.
c. Fuel Facilities
The NRC will collect $18.0 million in annual fees from the fuel
facilities fee class, as shown in Table VIII. The FY 2019 fees are
shown for comparison purposes.
Table VIII--Annual Fee Summary Calculations for Fuel Facilities
[Dollars in millions]
------------------------------------------------------------------------
Summary fee calculations FY 2019 final FY 2020 final
------------------------------------------------------------------------
Total budgeted resources................ $30.0 $23.2
Less estimated 10 CFR part 170 receipts. -7.3 -6.8
-------------------------------
Net 10 CFR part 171 resources....... 22.7 16.5
Allocated generic transportation........ 1.2 1.1
Fee-relief adjustment/LLW surcharge..... 0.5 0.3
[[Page 37257]]
Billing adjustments..................... 0.1 0.1
-------------------------------
Total remaining required annual fee 24.5 18.0
recovery...........................
------------------------------------------------------------------------
In comparison to FY 2019, the resources budgeted for the fuel
facilities fee class decreased primarily due to the following: (1) An
expected decline in submissions for license renewal applications; (2)
the decrease in the number of license amendments; (3) the termination
of the MOX Fuel Fabrication Facility construction authorization; (4)
efficiencies gained because of changes to the Fuel Facilities
Inspection Program and workload projections; and (5) the utilization of
prior year unobligated carryover funding in FY 2020. The 10 CFR part
170 estimated billings decreased as a result of the withdrawal of the
license application for the MOX Fuel Fabrication Facility.
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 31447; June 10, 1999).
To briefly recap, the matrix groups licensees within this fee class
into various fee categories. The matrix lists processes 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 FY 2020, the safety and safeguard factors in the
effort factors matrix for Liquid Uranium Hexafluoride (UF6) processes
at Uranium Conversion facilities have been reduced from 5 (moderate
effort) to 0 (no effort). Currently, there is one uranium conversion
facility and it is in a ``ready-idle'' status with no processing
operations, and the NRC believes that it will remain in ``ready-idle''
position for FY 2020 and will need to be reassessed on an annual basis.
Regulatory oversight of processing operations have been curtailed while
the operations are in a ``ready-idle'' status. Therefore, the Liquid
UF6 processing at Uranium Conversion facilities safety and safeguards
factors in the effort factors matrix have been reduced from a 5 to 0 to
reflect the curtailed regulatory oversight of these processes.
Table IX--Effort Factors for Fuel Facilities, FY 2020
----------------------------------------------------------------------------------------------------------------
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))................................. 0 0 0
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 7 2
----------------------------------------------------------------------------------------------------------------
In FY 2020, the total remaining amount of annual fees to be
recovered, $18.0 million, is comprised of safety activities, safeguards
activities, and the fee-relief adjustment/LLW surcharge. For FY 2020,
the total budgeted resources to be recovered as annual fees for safety
activities are $10.1 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, $7.6 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 fee-relief
adjustment/LLW surcharge--$0.3 million--is allocated to each fee
category based on its percentage of the total regulatory effort for
both safety and safeguards activities. The annual fee per licensee is
then calculated by dividing the total allocated budgeted resources for
the fee category by the number of licensees in that fee category. The
fee for each facility is summarized in Table X.
Table X--Annual Fees for Fuel Facilities
[Actual dollars]
------------------------------------------------------------------------
FY 2019 final FY 2020 final
Facility type (fee category) annual fee annual fee
------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)). $6,675,000 $5,067,000
Low-Enriched Uranium Fuel (1.A.(1)(b)).. 2,262,000 1,717,000
Gas Centrifuge Enrichment Demonstration N/A N/A
(1.A.(2)(b))...........................
Hot Cell (and others) (1.A.(2)(c))...... N/A N/A
[[Page 37258]]
Uranium Enrichment (1.E.)............... 2,909,000 2,208,000
UF6 Conversion and Deconversion 1,417,000 510,000
(2.A.(1))..............................
------------------------------------------------------------------------
d. Uranium Recovery Facilities
The NRC will collect $0.2 million in annual fees from the uranium
recovery facilities fee class, which is stable compared to FY 2019, as
shown in Table XI. The FY 2019 fees are shown for comparison purposes.
Table XI--Annual Fee Summary Calculations for Uranium Recovery
Facilities
[Dollars in millions]
------------------------------------------------------------------------
Summary fee calculations FY 2019 final FY 2020 final
------------------------------------------------------------------------
Total budgeted resources................ $1.0 $0.6
Less estimated 10 CFR part 170 receipts. -0.8 -0.4
-------------------------------
Net 10 CFR part 171 resources....... 0.2 0.2
Allocated generic transportation........ N/A N/A
Fee-relief adjustment................... 0.0 0.0
Billing adjustments..................... 0.0 0.0
-------------------------------
Total required annual fee recovery.. $0.2 $0.2
------------------------------------------------------------------------
In comparison to FY 2019, the budgeted resources and 10 CFR part
170 estimated billings for the uranium recovery fee class decreased due
to the expected reduction in support for adjudicatory actions, the
uncertainty associated with the construction of the NuFuels Crownpoint
site in NM and Powertech Dewey Burdock site in SD, and Cameco's
continuation to cease U.S. uranium recovery operations at its Crow
Butte facility in Crawford, NE. Budgeted resources also decreased to
include additional uranium recovery resources in the fee-relief
category, ``In Situ leach rulemaking and unregistered general
licenses,'' in order to ensure the equitability and the stability of
annual fees.
The NRC regulates DOE's Title I and Title II activities under
Uranium Mill Tailings Radiation Control Act (UMTRCA) \3\ and the annual
fee assessed to DOE includes the costs specifically budgeted for the
NRC's UMTRCA Title I and II activities, as well as 10 percent of the
remaining budgeted costs 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 decreased compared to FY 2019
due to an increase in the 10 CFR part 170 estimated billings for
processing groundwater corrective action plans site reviews, the
anticipated workload increases at various DOE UMTRCA sites, and the
fee-relief credit. The NRC assesses the remaining 90 percent of its
budgeted costs to the remaining licensee in this fee class, as
described in the work papers. This is reflected in Table XII:
---------------------------------------------------------------------------
\3\ The Congress established the two programs, Title I and Title
II, under UMTRCA to protect the public and the environment from
hazards associated with uranium milling. The UMTRCA Title I program
is for remedial action at abandoned mill tailings sites where
tailings resulted largely from production of uranium for weapons
programs. The NRC also regulates DOE's UMTRCA Title II program,
which is directed toward uranium mill sites licensed by the NRC or
Agreement States in or after 1978.
Table XII--Costs Recovered Through Annual Fees; Uranium Recovery Fee
Class
[Actual dollars]
------------------------------------------------------------------------
FY 2019 final FY 2020 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 $115,888 $114,577
costs less 10 CFR part 170 receipts
10 percent of generic/other uranium 5,431 5,573
recovery budgeted costs............
10 percent of uranium recovery fee- 33 -107
relief adjustment..................
-------------------------------
Total Annual Fee Amount for DOE 121,000 120,000
(rounded)......................
Annual Fee Amount for Other Uranium
Recovery Licenses:
90 percent of generic/other uranium 48,880 50,153
recovery budgeted costs less the
amounts specifically budgeted for
UMTRCA Title I and Title II
activities.........................
90 percent of uranium recovery fee- 294 -959
relief adjustment..................
-------------------------------
Total Annual Fee Amount for 49,173 49,194
Other Uranium Recovery Licenses
------------------------------------------------------------------------
[[Page 37259]]
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 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, mill tailings disposal
facilities, and uranium water treatment facilities. The matrix
identifies the types of operating activities that support and benefit
these licensees, along with each activity's relative weight (for more
information, see the work papers). Currently, there is only one
remaining non-DOE licensee which is a Basic In Situ Recovery 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 0 0
Basic In Situ Recovery facilities (2.A.(2)(b)).. 1 190 190 100.0
Expanded In Situ Recovery facilities 0 0 0 0
(2.A.(2)(c))...................................
Section 11e.(2) disposal incidental to existing 0 0 0 0
tailings sites (2.A.(4)).......................
---------------------------------------------------------------
Total....................................... 1 190 190 100.0
----------------------------------------------------------------------------------------------------------------
The 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 2019 final FY 2020 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 $49,200 $49,200
(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. Research and Test Reactors (non-power reactors)
The NRC will collect $0.325 million in annual fees from the
research and test reactor licensee class, as shown in Table XV. The FY
2019 fees are shown for comparison purposes.
Table XV--Annual Fee Summary Calculations for Research and Test Reactors
[Actual dollars]
------------------------------------------------------------------------
Summary fee calculations FY 2019 final FY 2020 final
------------------------------------------------------------------------
Total budgeted resources................ $834,280 $3,317,830
Less estimated 10 CFR part 170 receipts. -538,000 -3,030,000
Net 10 CFR part 171 resources........... 296,280 287,830
Allocated generic transportation........ 30,971 30,713
Fee-relief adjustment................... 284 -6,183
Billing adjustments..................... 1,901 12,980
-------------------------------
Total required annual fee recovery.. 329,436 325,341
-------------------------------
Total research and test reactors.... 4 4
-------------------------------
Total annual fee per reactor 82,400 81,300
(rounded)..........................
------------------------------------------------------------------------
In comparison to FY 2019, the budgeted resources for the research
and test reactors increased primarily within the medical isotope
production facilities due to the submittal of the SHINE Medical
Technologies, Inc. (SHINE) operating license application.
The 10 CFR part 170 estimated billings also increased due to the
following: (1) The submittal of SHINE's operating license application
for a medical production facility; (2) the review of Aerotest
Operations, Inc.'s request to amend its operating license to possession
only; and (3) reviews of the
[[Page 37260]]
National Institute of Standards and Technology and GE-Hitachi Nuclear
Energy America's, LLC Nuclear Test Reactor license amendments for
security plan reviews.
The annual fee-recovery amount is divided equally among the four
research and test reactors subject to annual fees and results in an FY
2020 annual fee of $81,300 for each licensee.
f. Rare Earth
The NRC has not allocated any budgeted resources to this fee class;
therefore, the NRC is not assessing an annual fee for this fee class in
FY 2020.
g. Materials Users
The NRC will collect $34.1 million in annual fees from materials
users licensed under 10 CFR parts 30, 40, and 70, as shown in Table
XVI. The FY 2019 fees changes are shown for comparison purposes.
Table XVI--Annual Fee Summary Calculations for Materials Users
[Dollars in millions]
------------------------------------------------------------------------
Summary fee calculations FY 2019 final FY 2020 final
------------------------------------------------------------------------
Total budgeted resources for licensees $36.0 $33.7
not regulated by Agreement States......
Less estimated 10 CFR part 170 receipts. -1.1 -1.0
-------------------------------
Net 10 CFR part 171 resources....... 35.0 32.8
Allocated generic transportation........ 1.2 1.2
Fee-relief adjustment/LLW surcharge..... 0.1 0.0
Billing adjustments..................... 0.1 0.1
-------------------------------
Total required annual fee recovery.. 36.4 34.1
------------------------------------------------------------------------
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 $34.1 million for FY 2020 shown in
Table XVI consists of $26.6 million for general costs and $7.5 million
for inspection costs. To equitably and fairly allocate the $34.1
million required to be collected among approximately 2,500 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
provides a proxy for allocating the generic and other regulatory costs
to the diverse fee categories. This fee-calculation method also
considers the inspection frequency (priority), which is indicative of
the safety risk and resulting regulatory costs associated with the
categories of licenses.
The NRC will decrease annual fees for licensees in this fee class
in FY 2020 due to the following: (1) The utilization of prior year
unobligated carryover funding in FY 2020; (2) reductions of regional
resources for the Nuclear Regulatory Apprenticeship Network (formerly
the Nuclear Safety Professional Development Program); (3) budget
estimates that are better aligned with projected workload; and (4) a
decline in the generic transportation costs for materials users. The
decline in annual fees for materials users is offset by a reduction of
materials users licensees from FY 2019.
A constant multiplier is established to recover the total general
costs (including allocated generic transportation costs) of $26.6
million. To derive the constant multiplier, the general cost amount is
divided by the sum of all fee categories (application fee plus the
inspection fee divided by inspection priority) then multiplied by the
number of licensees. This calculation results in a constant multiplier
of 1.27 for FY 2020. The average inspection cost is the average
inspection hours for each fee category multiplied by the professional
hourly rate of $279. The inspection priority is the interval between
routine inspections, expressed in years. The inspection multiplier is
established in order to recover the $7.5 million in inspection costs.
To derive the inspection multiplier, the inspection costs amount is
divided by the sum of all fee categories (inspection fee divided by
inspection priority) then multiplied by the number of licensees. This
calculation results in an inspection multiplier of 1.48 for FY 2020.
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 assessed to each licensee also takes into account a
share of the approximately $0.051 million fee-relief credit assessment
allocated to the materials users fee class (see Table IV, ``Allocation
of Fee-Relief Adjustment and LLW Surcharge, FY 2020,'' in Section IV,
``Discussion,'' of this document), and for certain categories of these
licensees, a share of the approximately $0.089 million in LLW surcharge
costs allocated to the fee class. The annual fee for each fee category
is shown in the revision to Sec. 171.16(d).
h. Transportation
The NRC will collect $1.0 million in annual fees to recover generic
transportation budgeted resources in FY 2020, as shown in Table XVII.
The FY 2019 fees are shown for comparison purposes.
Table XVII--Annual Fee Summary Calculations for Transportation
[Dollars in millions]
------------------------------------------------------------------------
Summary fee calculations FY 2019 final FY 2020 final
------------------------------------------------------------------------
Total Budgeted Resources................ $8.0 $7.2
[[Page 37261]]
Less Estimated 10 CFR part 170 Receipts. -3.7 -2.8
-------------------------------
Net 10 CFR part 171 Resources....... 4.3 4.4
Less Generic Transportation Resources... -3.3 -3.4
Fee-relief adjustment/LLW surcharge..... 0.0 0.0
Billing adjustments..................... 0.0 0.0
-------------------------------
Total required annual fee recovery.. 1.0 1.0
------------------------------------------------------------------------
In comparison to FY 2019, the total budgeted resources for generic
transportation activities decreased due to the following: (1) The
utilization of prior year unobligated carryover funding; (2) a
reduction in FTE due to decreases in maintenance work associated with
the Storage and Transportation Information Management System; and (3)
the decline in DOE's percentage of total CoCs as a result of two new
CoCs benefitting other fee classes. The 10 CFR part 170 estimated
billings decreased primarily due to the issuance of CoCs for NAC
International, Inc. and Industrial Nuclear Company, LLC in FY 2019.
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 licensee fee classes and DOE is
shown in Table XVIII. Note that for the research and test reactors fee
class, the NRC allocates the distribution to only those licensees that
are subject to annual fees. Although four CoCs benefit the entire
research and test reactor class, only 4 out of 31 research and test
reactors are subject to annual fees. Consequently, the number of CoCs
used to determine the proportion of generic transportation resources
allocated annual fees for the research and test reactors fee class has
been adjusted to 0.7 so these licensees are charged a fair and
equitable portion of the total fees. For more information, see the work
papers.
Table XVIII--Distribution of Transportation Resources, FY 2020
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
Allocated
Number of CoCs Percentage of generic
Licensee fee class/DOE benefiting fee total CoCs transportation
class or DOE resources
----------------------------------------------------------------------------------------------------------------
Materials Users................................................. 25.0 27.3 1.2
Operating Power Reactors........................................ 5.0 5.5 0.2
Spent Fuel Storage/Reactor Decommissioning...................... 16.0 17.5 0.8
Research and Test Reactors...................................... 0.7 0.7 0.0
Fuel Facilities................................................. 24.0 26.2 1.2
-----------------------------------------------
Sub-Total of Generic Transportation Resources............... 70.7 77.1 3.4
DOE............................................................. 21.0 22.9 1.0
-----------------------------------------------
Total....................................................... 91.7 100.0 4.4
----------------------------------------------------------------------------------------------------------------
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 2020--Policy Changes
The NRC is making two policy changes for FY 2020:
Removing the Fee Exceptions in Sec. 170.21, Footnote 1 and Sec.
170.31, Footnote 2
The NRC is eliminating the fee exceptions set forth in footnote 1
to Sec. 170.21 ``Schedule of Fees for Production and Utilization
Facilities, Review of Standard Referenced Design Approvals, Special
Projects, Inspections, and Import and Export Licenses,'' and footnote 2
to Sec. 170.31, ``Schedule of Fees for Materials Licenses and Other
Regulatory Services, Including Inspections, and Import and Export
Licenses.'' These footnotes contain parallel language stating that the
NRC ``will not charge fees under 10 CFR part 170 for orders related to
civil penalties or other civil sanctions issued by the Commission under
Sec. 2.202 or for amendments resulting specifically from the
requirements of these orders.''
Currently, footnote 1 to Sec. 170.21 and footnote 2 to Sec.
170.31 provide an exception to the general rule that the NRC recovers
review and inspection costs through fees assessed to individuals under
10 CFR part 170. The current language excludes the following activities
from 10 CFR part 170 fees if an order relates to a civil penalty or
[[Page 37262]]
other sanction: (1) Subsequent NRC inspection or review work to ensure
compliance with the terms of the order, and (2) subsequent NRC review
costs if the order requires the licensee to seek a license amendment.
The current language also states, however, that where an order is
``unrelated to civil penalties or other civil sanctions,'' the NRC will
follow its normal practice of assessing fees under 10 CFR part 170.
The language in these footnotes comes from the NRC's FY 2005 fee
rule (70 FR 30526; May 26, 2005). Before 2005, the NRC excluded work in
connection with all orders from 10 CFR part 170 fees. In the FY 2005
fee rule, the NRC amended the footnotes to narrow the exceptions to
just those orders that ``relate'' to civil penalties or civil
sanctions. The NRC made this change because, after September 11, 2001,
it had imposed additional security requirements on multiple licensees
through orders. As a result of these orders, the NRC performed
extensive follow-up activities that, because of the pre-existing broad
exceptions in footnotes 1 and 2, were exempt from 10 CFR part 170 fees.
Because these activities were exempt from 10 CFR part 170 fees, the NRC
recovered the associated costs through annual fees under 10 CFR part
171, even though the work benefited specific licensees (70 FR 30528-
30535; May 26, 2005).
Through the FY 2005 fee rule, the NRC attempted to allocate costs
more fairly by ensuring that the beneficiaries of its review and
inspection services associated with orders of the type issued after
September 11, 2001, paid for those services through 10 CFR part 170
fees. At the same time, the NRC retained an exception for orders that
relate to a civil penalty or civil sanction. The NRC also explained in
the FY 2005 fee rule that it was maintaining its longstanding policy of
not charging 10 CFR part 170 fees for the preparation of any order. The
costs associated with preparing an order would continue to be recovered
through annual fees under 10 CFR part 171.
The authority for assessing the 10 CFR part 171 fees comes from the
same statute that provides the authority for the NRC's 10 CFR part 170
fee schedule. The IOAA requires that the NRC assess fees fairly and
equitably, and it authorizes the NRC to collect fees whenever the
agency provides ``a service or thing of value'' to a recipient. In
addition, OBRA-90 (or, in future fiscal years, NEIMA) and Office of
Management and Budget (OMB) Circular A-25, ``User Charges,'' require
that the NRC recover fees from persons who derive a direct benefit from
the agency's services.
Even if an order related to a civil penalty or civil sanction has
some public benefit, the services the NRC provides in connection with
the order, such as inspections and document-review activities,
primarily benefit a specific licensee. These services primarily benefit
the licensee because they enable the licensee to maintain its NRC
license in good standing and continue to operate its facility.
Furthermore, regardless of whether the NRC issues an order in a safety,
security, or enforcement context, the NRC's follow-up services related
to the order--inspections, document review and analysis, and other
services--benefit the licensee by contributing to public confidence in
the safe operation of the licensee's facility. Charging 10 CFR part 170
fees for services related to all orders is therefore most consistent
with the NRC's obligations under the governing fee-recovery statutes
and OMB Circular A-25. Transferring the cost of these services to other
members of a licensee's fee class, on the other hand, could therefore
be viewed as unfair and inconsistent with the governing fee-recovery
statutes and OMB Circular A-25.
Accordingly, in this final rule, the NRC is removing the fee
exceptions (i.e., the first two sentences) from Sec. 170.21, footnote
1 and Sec. 170.31, footnote 2. Removing the exceptions promotes
fairness and equity in the NRC's fees rules, consistent with the IOAA,
ensures that licensees who receive special benefits in the form of NRC
services pay for those services, consistent with OMB Circular A-25.
Removing the exceptions also simplifies the NRC's fee schedules. If
there are circumstances in which charging 10 CFR part 170 fees for
follow-up activities related to an order would be unfair, the NRC
retains the ability under Sec. 170.11 to grant a fee exemption for
those services, either on its own initiative or upon request.
Removing the fee exceptions will not, however, change the NRC's
longstanding policy regarding the recovery of costs associated with
preparing an order. Consistent with this policy, such costs will
continue to be recovered through annual fees under 10 CFR part 171.
Amending Sec. 171.15 Regarding the Assessment of Annual Fees for 10
CFR Part 52 Combined License Holders and Future 10 CFR Part 50 Power
Reactor Licensees
Based on its review of PRM-171-1 and the public comments, the NRC
is amending Sec. 171.15(a) so that the assessment of annual fees for
10 CFR part 52 COL holders commences upon successful completion of
power ascension testing, rather than after the Commission makes a
finding under Sec. 52.103(g). This approach will also apply this
approach to future 10 CFR part 50 power reactor licensees.
Currently, Sec. 171.15 requires a 10 CFR part 52 COL holder to
begin paying the annual fee once the Commission finds under Sec.
52.103(g) that all acceptance criteria in the COL are met. Similarly,
10 CFR part 50 licensees begin paying annual fees upon issuance of an
operating license. The timing of annual fees reflects the NRC's
historical position that a nuclear power reactor licensee receives the
benefits of its license, and thus should begin paying annual fees, when
the NRC authorizes the licensee to use nuclear materials (i.e., begin
operating the reactor).
The NRC is firmly committed to the application of fairness and
equity in the assessment of fees to licensees. The NRC recognizes that,
subsequent to the Sec. 52.103(g) finding for 10 CFR part 52 COL
holders, and issuance of the operating license for 10 CFR part 50 power
reactor licensees, fuel must be loaded, and power ascension testing
must be completed to provide assurance that the facility is fully
operational. As part of this process, 10 CFR part 52 COL holders must
provide written notification to the NRC that successful power ascension
testing is completed. This notification is the trigger that enables
operation at a steady-state reactor core power level equal to 100
percent of reactor thermal power as defined in the facility's final
safety analysis report.
As a result, the NRC recognizes that it would be more fair and
equitable to change the timing of when annual fees commence for 10 CFR
part 52 licensees from when the Commission issues a Sec. 52.103(g)
finding to a time that aligns more closely with the licensee's facility
becoming fully operational. For that reason, the NRC will defer
charging annual fees until after the licensee's start-up and initial-
testing phase. The NRC will begin charging annual fees only after the
licensee has notified the NRC in writing that it has successfully
completed power ascension testing. For similar reasons, the NRC is also
applying this change to 10 CFR part 50 power reactor licensees.
Because only current 10 CFR part 52 COLs contain a standard license
condition that requires written notification be submitted to the NRC
upon successful completion of power ascension testing, the NRC will
consider adding a similar license condition to
[[Page 37263]]
future 10 CFR part 50 operating licenses and 10 CFR part 52 COLs to
ensure that they promptly notify the NRC of successful completion of
power ascension testing. Upon successful completion of testing and the
required notification to the NRC, the power reactor would be fully
operational. The annual fee assessment for 10 CFR part 50 power reactor
licensees and 10 CFR part 52 COL holders would therefore begin on the
date of the licensee's written notification of successful completion of
power ascension testing.
Accordingly, the NRC is amending Sec. 171.15(a) so that annual
fees commence not upon issuance of the operating license for 10 CFR
part 50 power reactors and issuance of the Sec. 52.103(g) finding for
10 CFR part 52 COL holders, but upon written notification to the NRC of
successful completion of power ascension testing and making conforming
changes to Sec. 171.3, ``Scope,'' and Sec. 171.17, ''Proration.'' The
NRC finds this rule change amendment to be reasonable, fair, and
equitable, and supported by the public comments the NRC received on
PRM-171-1 and on the proposed rule. Finally, the NRC will consider
expanding this approach to other 10 CFR part 50 licensees in a future
rulemaking.
FY 2020--Administrative Change
The NRC is making one administrative change:
Add a footnote to the table in Sec. 171.16(d) for additional
clarity.
The NRC is adding a footnote to the table in Sec. 171.16(d) to
clarify that licensees that are subject to annual fees under fee
categories 4.A., 4.B. or 4.C. are not subject to annual fees under 3.N.
for waste disposal services authorized on the same license.
Update on the Fees Transformation Initiative
In the Staff Requirements Memorandum, dated October 19, 2016,
(ADAMS Accession No. ML16293A902) for SECY-16-0097, ``Fee Setting
Improvements and Fiscal Year 2017 Proposed Fee Rule,'' (ADAMS Accession
No. ML16194A365), the Commission directed staff to explore, as a
voluntary pilot, whether the NRC could establish a flat fee structure
for routine licensing matters in the area of uranium recovery, and to
accelerate the process improvements for setting fees, including the
transition to an electronic billing system. In addition, the Commission
also directed the staff to begin the fees transformation activities
listed in SECY-16-0097 as ``Process Changes Recommended for Future
Consideration--FY 2018 and Beyond,'' which includes one remaining item
to complete regarding the rulemaking to update the NRC's small business
size standards in Sec. 2.810, ``NRC Size Standards.''
With respect to the uranium recovery flat fee pilot initiative, the
NRC explored the feasibility of establishing a flat fee structure for
routine licensing matters and inspection activities. The NRC provided a
report to Congress on January 9, 2020, describing the results of the
pilot initiative and the decision to maintain the current NRC fee
billing structure for 10 CFR part 170 fees for service for uranium
recovery licensing matters. For more information, the report to
Congress can be found at ADAMS Accession No. ML20010D684.
With respect to the NRC's transition to an electronic billing
system (eBilling), eBilling went live with a phased implementation on
October 1, 2019, which included 9 licensees with 65 dockets. As of May
12, 2020, eBilling currently has 111 licensees with 381 dockets
enrolled. Outreach to additional licensees will continue throughout FY
2020 in order to increase enrollment and ensure awareness.
Finally, in order to obtain sufficient information to update the
NRC's small business size standard in Sec. 2.810, the NRC conducted a
financial survey of materials licensees to determine whether changes to
the size standards are needed. The NRC published a document in the
Federal Register (85 FR 6225; February 4, 2020) announcing the survey,
and requested response by due date of April 30, 2020. The survey
results will be analyzed to determine if changes are needed to the
current nuclear industry-specific size standards in Sec. 2.810.
For more information, please see our fees transformation
accomplishments schedule, located on our license fees website at:
https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformation-accomplishments.html.
IV. Public Comment Analysis
Overview of Public Comments
The NRC published a proposed rule on February 18, 2020 (85 FR 9328)
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 eight
written comment submissions on the FY 2020 proposed rule. In general,
the commenters were supportive of the specific proposed regulatory
changes. Some commenters expressed concerns about broader fee-policy
issues related to transparency, the overall size of the budget,
fairness of fees, and budget formulation.
The commenters are listed in Table XIX.
Table XIX--FY 2020 Proposed Fee Rule Commenter Submissions
------------------------------------------------------------------------
Commenter Affiliation ADAMS accession No.
------------------------------------------------------------------------
David Shafer................ U.S. Department of ML20056F131
Energy (DOE).
Jeffrey Fulks............... Honeywell ML20073J763
International--Metr
opolis Works (MTW).
Jennifer Uhle............... NEI................. ML20077K338
Matthew Ostdiek............. Rendezvous ML20077M622
Engineering, P.C.
(RE).
Fred Schuman................ Mid River Asphalt, ML20083K042
Inc.
Camilla Zozula.............. Westinghouse ML20083K046
Electric Company
(WEC).
Cheryl Gayheart............. Southern Nuclear ML20083K048
Operating Company
(SNC).
Bradley Fewell.............. Exelon Generation ML20084K871
Company (Exelon).
------------------------------------------------------------------------
Information about obtaining the complete text of the comment
submissions is available in Section XIV, ``Availability of Documents,''
of this document.
V. Public Comments and NRC Responses
The NRC has carefully considered the public comments received on
the proposed rule. The comments have been organized by topic. Comments
from multiple commenters raising similar specific concerns were
combined to capture the common essential issues raised by the
commenters. Comments from a single commenter have been quoted to ensure
accuracy; brackets
[[Page 37264]]
within those comments are used to show changes that have been made to
the quoted comments. The NRC responses are preceded by a short summary
of the issues raised by the commenters.
A. Budget Formulation
Comment: ``The NRC staff provided a very thorough public briefing
about the proposed fee rule on March 5, 2020, including the business
line budget utilization of the $40M in carryover funds. Approximately
50 [percent] of the carryover funding was utilized in the Operating and
New Reactor business lines, consistent with the business line budgeting
information provided in the briefing. However, the fee class budget
distribution provided in the briefing shows 86 [percent] of the fee/
receipt recoverable budget is allocated to Power Reactors. The Federal
Register publication of the proposed fee rule notes that the $40M in
carryover results in reduced fees to licensees. In light of the NRC's
distribution of its fee-recoverable appropriation, how did the NRC
determine the percentage of carryover that would be applied to reduce
operating reactor fees?'' (Exelon)
Response: One commenter requested that the NRC explain its process
to determine the percentage of carryover that was applied to reduce the
operating power reactors fees. There is not a separate process to
determine the percentage of carryover that would be applied to reduce
the fee classes budgeted resources. When determining how to allocate
the $40.0 million in carryover funds based on Congressional direction,
the NRC used its appropriation funding categories--or control points--
and allocated the carryover funds to appropropriate funding categories
relative to the percentages of total enacted funding. This allocation
was performed without distinguishing the specific fee classes during
this process. The fee class distribution is determined as part of the
normal fee allocation process after budget allocations are determined.
During the March 5, 2020, public meeting, the NRC discussed the
allocation process and demonstrated the reconciliation of the FY 2020
business line budgets to the specific fee classes. To increase
transparency, NRC has included these reconciliations in the work papers
for this final rule. In addition, the work papers include a chart,
illustrating the utilization of carryover funding in FY 2019 and FY
2020 by business line and the subsequent allocations for the
development of the fee rule.
No changes were made to the final rule as a result of this comment.
Comment: ``Related to the use of carryover funds, the $40M amount
is very large by historical standards, the FY2019 carryover was $20M.
Again, referencing the business line carryover utilization provided in
the March 5 briefing, $13M, approximately one third of carryover
funding was used to defray corporate support costs. NRC has struggled
to contain corporate support costs and is required under NEIMA to
reduce these costs to less than 30 [percent], to the maximum extent
practicable. Exelon is concerned that without continued use of
carryover funds in future years, corporate support will drive licensee
fees higher, with uncertain safety benefit. We request that the work
papers address the potential for increased industry fees to cover NRC
corporate support.'' (Exelon)
Response: The agency remains focused on innovative strategies that
result in savings, while not jeopardizing the corporate activities
necessary to accomplish the agency's mission. The NRC has made
significant progress in reducing corporate support in recent years.
When compared to the FY 2014 enacted budget, the FY 2021 budget request
for corporate support represents a decrease of $74.7 million, or
approximately 22 percent. It should be noted that the NRC's annual fee
rule and supporting work papers are published so that the public and
licensees can understand how fees are calculated based on the budget
authority enacted for the current fiscal year, not future fiscal years.
The FY 2021 Congressional Budget Justification (CBJ), alternatively,
provides the agency's explanation and justification for the resources
being requested for the next fiscal year to allow the agency to
complete its mission, the CBJ provides the reasoning for changes in the
agency resource requests, and is the appropriate source for the
agency's explanation and justification for the Corporate Support
budget. The NRC's goal is to provide transparency in the fee rule and
work papers between fees at the final appropriated budget requirements.
No changes were made to the final rule as a result of this comment.
B. Public Participation in Budget Formulation
Comment: Two commenters expressed a desire for industry to be
involved with the NRC directly during the development of the NRC's
budget to better determine the sufficiency of the budget and to
accurately determine the necessary annual fees. They emphasized the
need for the NRC staff to work with industry in an open and transparent
fashion regarding the prioritization of annual fee expenditures and the
utilization of indirect resources. (NEI and WEC)
Response: The NRC seeks information from licensees and other
entities relevant to projected workload, through public meetings and
other forms of public outreach, to better inform NRC's budget
formulation workload assumptions. However, the NRC is an independent
safety regulator, and it would not be appropriate for regulated
entities, non-government organizations, and members of the public to be
involved in the NRC's budget formulation. In addition, OMB establishes
the Executive Branch budget process through OMB Circular No. A-11,
``Preparation, Submission, and Execution of the Budget.'' Section 22.1
of OMB Circular No. A-11 requires that pre-decisional budget
deliberations remain confidential until the release of the CBJ.
No changes were made to this final rule as a result of these
comments.
C. Work Papers
Comment: ``In prior year comments, we have identified a lack of
transparency in the basis for the budget as an area of concern. We
acknowledge that several steps have been taken to improve both the
types and clarity of information provided in the fee rule work papers
and Congressional Budget Justification. There has been a marked
improvement in the level of detail provided to stakeholders on the NRC
budget, however, we urge that additional steps be taken. In particular,
we believe that additional detail should be provided on budgeted work
activities, including a level of planned effort for each activity, how
this level compares with the prior year, and the rationale for the
change. Such detail would enable licensees to better evaluate and
understand significant budget changes. Additional information should be
provided to enable a better understanding of which actions are
recovered through service fees and which actions are recovered through
annual fees. We also believe that stakeholders would benefit greatly
from an expansion on the narrative discussion in the fee rule work
paper explaining significant increases/decreases in product line budget
items.'' (NEI)
Response: The fee rule and its supporting work papers, are
published so the public and licensees can understand how fees are
determined for a fee class and a fee category. Consistent with
requirements of OBRA-90, license
[[Page 37265]]
fees are calculated by business lines, product lines, and products
based on the budget authority enacted for the current fiscal year. The
NRC provides those business lines, product lines, and products in the
fee rule work papers. The CBJ provides the agency explanation and
justification for the resources being requested for the budget year,
including increases and decreases, and the reason for changes in the
agency budget request as compared to the prior year, at the business
line and product line levels; it also includes the prior year actual
amounts at the business line and product line levels.
The commenter is correct that the work papers currently do not
distinguish by specific budget line items which fees are recovered
through user and annual fees. The fee rule work papers do not draw this
distinction because it has been impractical for the NRC to determine in
advance what precise percentage of fees for a given business line will
be recovered through 10 CFR part 170 user fees versus 10 CFR part 171
annual fees. With respect to 10 CFR part 170 user fees, the NRC staff
time spent on licensing and inspection actions is subject to change,
depending on the novelty and complexity of the license application
under review or the facility being inspected. Similarly, with respect
to 10 CFR part 171 annual fees, the nature of the generic research,
safety, environmental, or safeguards activities also may vary
considerably, given changes in Commission priorities, external events,
interactions with Agreement States, other Federal agencies, state,
local and tribal governments, the regulated industry, and members of
the public.
The NRC notes that the CBJ includes a statement in each business
line chapter to indicate which product lines impact fees for services
versus annual fees. For all the business lines, except for the nuclear
materials users business line, typically resources budgeted in the
Licensing and Oversight Product Lines typically affect fees for
services, and all other resources affect annual fees. For the nuclear
materials users business line, almost all budgeted resources impact
annual fees. The NRC is planning for the implementation of NEIMA in FY
2021 and is considering adding additional detail in the fee rule and
associated work papers to enhance the transparency of how fees are
determined.
The NRC disagrees with the comment recommending that NRC expand the
narrative to explain the significant increases and decreases. The NRC
has provided improved and detailed explanation in the fee rule of the
changes in budgetary resources, changes to 10 CFR part 170 estimated
billings, and the impact on annual fees. The budgetary resources by
each fee class by business line, product line, and product in the work
papers, which show the specific fee class budget increases and
decreases. For example, in the FY 2020 proposed fee rule the operating
power reactors fee class displayed numerous activities within the
licensing and oversight product lines (i.e., delayed construction and
operating license application review activities), that affected the fee
class budget and caused it to decline from the previous year. To
increase transparency, the NRC incorporated a reconciliation of the FY
2020 CBJ resources by business line to the associated fee class in the
FY 2020 proposed fee rule work papers. For the first time, stakeholders
can trace the CBJ business line budgets to the resources recovered
within each fee class budget by product line.
No changes were made to this final rule as a result of this
comment.
Comment: ``The work papers supporting the FY2020 proposed rule show
a detailed breakdown of the products and product lines included in the
calculation of the Part 171 Operating Power Reactors annual per-reactor
fee, including significant amounts for various research activities.
Research for Operating Reactors is shown as $24M in contract dollars,
and 128 FTEs. While some research appears explainable for the existing
fleet of reactors, e.g., ``Aging & Materials,'' other descriptors are
more cryptic, e.g., ``Engineering Research,'' ``Systems Analysis,'' or
``Risk Analysis'' ($16M contract dollars budgeted for these three.) And
others that might appear applicable, e.g., ``Digital I&C'' have no
resources budgeted. It would be helpful to have in the work papers,
perhaps as a separate paragraph or table in the Operating Power
Reactors section, a brief description of the major efforts for each
research Product, the goal of the research, expected completion date,
safety issue to be resolved by the research, whether related to
specific licensing actions, etc., so that Licensees and the public have
confidence that these research dollars are being used to directly
support the NRC mission.'' (Exelon)
Response: The commenter is requesting additional detail in the work
papers in order to better understand the specific budgeted research
efforts. The CBJ is the appropriate source for the agency's explanation
and justification for the agency's research budget, not the fee rule,
which implements the final results of the budget process. The NRC's
goal is to provide transparency in the fee rule and work papers between
fees at the final appropriated budget requirements. The fee rule and
the supporting work papers are published in order for the public and
licensees to understand how fees are determined for a fee class and a
fee category.
With respect to the commenter's request to expand the fee rule work
papers to provide additional information on all research activities
with the specific goal of the research, expected completion date,
safety issue to be resolved by the research, and whether it is related
to specific licensing actions, the NRC does not believe such a change
to the fee rule work papers is necessary. The CBJ, which serves a
different purpose than the fee rule work papers, provides the overview
of the specific research activities being conducted by the NRC during
FY 2020. Some examples of NRC research activities discussed in the CBJ
include but are not limited to: Seismic and structural stability;
probabilistic risk assessment; digital instrumentation and controls and
electrical systems; accident tolerant fuel; fuel performance research;
and materials performance. Additional information on the regulatory
research program, including NUREG-1925, Revision 4, ``Research
Activities FY 2018-FY 2020,'' and the ``FY 2020-22 Planned Research
Activities,'' are available on the NRC's public website at https://www.nrc.gov/about-nrc/regulatory/research.html. Additional information
regarding the costs associated with research can be derived by
comparing the work papers from the proposed fee rule to the final fee
rule, which would allow the impact associated with budget changes,
including the use of carryover, to be identified between fiscal years.
Work papers for the proposed and final fee rules for the last several
years can be readily accessed at https://www.nrc.gov/about-nrc/regulatory/licensing/fees.html.
No changes were made to this final rule as a result of this
comment.
Comment: ``As Exelon has noted in reviewing proposed fee rules for
prior years, this trade-off between Part 170 and Part 171 fees divorces
the reactor fee from any actual health and safety benefit to be
achieved via the Part 171 fee collection. That is, an increase in per-
reactor fee does not necessarily mean greater NRC focus is needed to
ensure safety. Exelon notes that under [NEIMA], the reactor fee is
limited ``to the maximum extent practicable.'' Exelon recommends that
the work papers address this aspect of the fees so that safety benefit
derived from increased Part 171 fees can be better
[[Page 37266]]
understood. If the fee reflects only the budgeting process and not any
change in the need for NRC oversight, that clarity would also be useful
for the industry in prioritizing resource allocations.'' (Exelon)
Response: The NRC's annual budget request reflects the agency's
continued commitment to protecting public health and safety and
ensuring the long-term safety and security of nuclear power facilities
and nuclear materials, which includes mission-direct, mission-indirect,
and agency-support resources, as well as resources that are excluded
from the NRC's fee recoverable budget.
Beginning in FY 2021, the NRC will be required to collect 100
percent of its annual budget authority (less certain excluded items),
to the maximum extent practicable. Additionally, in accordance with
Section 102(b)(3)(B)(i) of NEIMA, the operating power reactors fee
class annual fee, to the maximum extent practicable, shall not exceed
the operating power reactor annual fee amount established in the FY
2015 final fee rule, adjusted for inflation. On its own initiative, the
NRC included an estimate of the operating power reactors annual fee in
Appendix C, Estimated Operating Power Reactors Annual Fee,'' of the FY
2021 CBJ, with the intent to increase transparency. The NRC developed
this estimate based on the NRC staff's allocation of the FY 2021 budget
request to fee collections under 10 CFR part 170, and allocations
within the operating power reactors fee class under 10 CFR part 171. In
addition, the estimated annual fee assumes 93 operating power reactors
in FY 2021 and applies various data assumptions from the FY 2019 final
fee rule. Collectively, these actions help mitigate impacts on the
remaining licensees from licensees that leave a fee class by helping
the NRC continue to develop budgets that account for regulating a fee
class with a declining number of licensees. Though the FY 2021
estimated operating power reactor fee class annual fee is included in
the FY 2021 CBJ, it is subject to changes in those data assumptions as
the NRC will conduct an annual rulemaking for FY 2021 fees by
publishing a proposed and final rule in order to assess fees. Fee rule
estimates during budget formulation are subject to the changes that
will occur in the two-year interval between formulation and final
appropriation impacting the fee rule.
The commenter is correct that the NRC's FY 2020 work papers do not
include the allocation of the FY 2021 budget. The NRC's fee rule and
supporting work papers are published in order for the public and
licensees to understand how fees are calculated based on the budget
authority enacted for the current fiscal year and not future fiscal
years. The FY 2021 CBJ, which serves a different purpose than the fee
rule work papers, provides the agency's explanation and justification
for the resources being requested for the next fiscal year to allow the
agency to complete its mission, and it provides the reasoning for
changes in the agency resource requests. The NRC is planning for the
implementation of NEIMA in FY 2021, and strives to enhance transparency
for the annual fee rule and supporting work papers each year.
No changes were made to this final rule as a result of this
comment.
D. Operating Reactors Decline in the Budget and 10 CFR Part 170
Estimated Billings
Comment: Several commenters expressed concern regarding the
declining fraction of fees recovered under 10 CFR part 170 (service
fees) relative to 10 CFR part 171 (annual fees), as well as the NRC's
overall budget for the operating power reactors fee class. The
commenters noted that these fees were being borne by a decreasing
number of facilities with a decreasing number of licensing actions and
completion of NRC reviews and certifications. The commenters noted that
the high percentage of activities covered by annual fees places an
increased importance on transparency of indirect services covered under
10 CFR part 171 fees, and they encourage a continued focus on enhancing
transparency. (NEI and Exelon)
Response: The relationship between 10 CFR part 170 (service fees)
relative to 10 CFR part 171 (annual fees) is workload driven. The
activities covered by 10 CFR part 171 annual fees are necessary for NRC
to accomplish its safety mission as described and justified in the CBJ.
The amount of user fees collected under 10 CFR part 170 depends on a
number of different factors including the professional hourly rate,
licensee and applicant decisions to pursue licensing actions, and the
number of hours necessary to resolve any licensing actions. Due to
OBRA-90 requirements, examining changes in the 10 CFR part 170 fees and
the 10 CFR part 171 fees separately may not account for the overall
decreases in the fee class budget or the realized efficiencies. Over
the last seven years, the fee class budget for operating power reactors
has decreased from $734.7 million in FY 2013 to $623.9 million in FY
2020. This represents a reduction of $110.8 million, or 15 percent as a
result of the decreasing number of nuclear power reactor licensees,
application delays and withdrawals, reduced license amendments,
efficiencies gained in office mergers, and long-term project
completions.
Over this same period, the 10 CFR part 170 estimated billings for
the operating power reactors fee class have declined from $303.8
million in FY 2013 to $186.7 million in FY 2020, which represents a
decline of $117.1 million or 38.5 percent. These changes in the
budgetary resources and the 10 CFR part 170 estimated billings,
ultimately adjust the amount of fee recoverable resources that is
required to be collected through 10 CFR part 171 annual fees. As
compared to FY 2013, the operating power reactors fee class annual fee
has increased from $424.2 million in FY 2013 to $439.0 million in FY
2020, which represents an increase of $14.8 million or 3.5 percent.
With respect to enhancing transparency, the NRC continues to review
its budget and will pursue additional efficiency improvements to ensure
that its budgetary request accurately reflects the anticipated
workload. The NRC considers projected operating power plant closures
and other external factors when estimating workload changes in a manner
that allows the agency to meet its statutory responsibilities as the
industry changes. However, a reduction in the budget is not linearly
proportional as there is a cost for the infrastructure that must be
maintained independent of the number of operating power reactors in the
fleet.
The implementation of NEIMA in FY 2021, will include a cap on
annual fees for operating reactors; the NRC continues to evaluate
resource requirements and adjustments that can be made to refine the
operating power reactors budget. Finally, the NRC remains committed to
providing enhanced transparency throughout the development of the
annual fee rule and supporting work papers.
No changes were made to this final rule as a result of these
comments.
E. Fairness of Fees
Comment: ``The work papers also show that approximately 17% of the
Nuclear Reactor Safety program budget used in determining the annual
Operating Reactor fee comes from the New Reactors product line. Exelon
suggests that the new reactor budget be broken out separately, to be
paid by those entities pursuing new reactors. Alternately, the work
papers should clarify in some detail how new reactor spending benefits
the operating reactor fleet.'' (Exelon)
[[Page 37267]]
Response: The NRC disagrees with the proposed recommendation. To
the extent that the NRC's reactor safety work directly benefits a
licensee or applicant, the NRC then assesses 10 CFR part 170 user fees
upon that licensee or applicant. As a result, existing operating
reactor licensees are not paying any fees for new reactor work that
directly benefits an entity engaged in new reactor activities. As for
the portion of the new reactor work that is not collected through 10
CFR part 170 user fees, OBRA-90, as amended, requires that the NRC
allocate the costs for this work fairly and equitably. Because the
NRC's generic new reactor activities yield indirect benefits for
existing operating reactor licensees, the NRC's current system of
allocating all operating reactor costs to existing licensees satisfies
OBRA-90's requirements.
While there are generic activities that may preferentially benefit
new reactor vendors or licensees, there are activities that appear to
be focused on new reactors but have a direct benefit to the operating
power reactor licensees. For example, if an existing licensee sought to
obtain NRC approval for a design change to a safety significant
structure at an operating plant, then the NRC may use guidance that was
developed for new reactor applications to analyze the design change.
One example is the vendor quality assurance inspection program that
develops and maintains the infrastructure for vendor inspections and
quality assurance reviews supporting both new and operating reactors.
While inspections and allegations specific to operating reactors are
funded by operating reactors, many of the vendor inspections and
allegations funded by the new reactor program are at vendors that also
supply parts for operating reactors. Moreover, entities holding
licenses for currently operating reactors may also be, either now or in
the future, applicants for new nuclear power plant licenses. Finally,
all power plant licensees indirectly benefit from rulemaking or other
generic activities that enhance and develop the new reactor licensing
framework because these generic activities help to establish and
maintain the regulatory infrastructure at the NRC. This provides
existing nuclear reactor licensees with regulatory predictability that
is useful for business planning purposes.
Along these same lines, the NRC performs generic activities related
to license renewal. These costs are spread among all holders of power
reactor operating licenses without regard to whether the operating
license holder intends to seek renewal. This is because a stable and
efficient regulatory regime for license renewal indirectly benefits all
existing power plants even if an existing power reactor has no
immediate plans to seek license renewal. The same is true for new
reactor licensing activities.
Ultimately, identification of fee classes is a matter of drawing
practical distinctions. By virtue of being a generic activity without a
specific, concrete beneficiary, all the activities that fall in the 10
CFR part 171 annual fee category could be theoretically parsed into an
almost infinite amount of fee classes. For example, if the NRC were to
base fees on distinctions such as whether generic work benefited
boiling-water reactors versus pressurized-water reactors or coastal
versus inland reactors, the exercise would result in distinctions that
are both artificial and unduly burdensome from an administrative and
recordkeeping standpoint. Therefore, the NRC's decision to draw the fee
class line in a way that encompasses generic new reactor work satisfies
OBRA-90's requirement that costs be allocated fairly and that, ``[t]o
the maximum extent practicable, the charges shall have a reasonable
relationship to the cost of providing regulatory services.''
No change was made to this final rule in response to this comment.
F. Fuel Facilities Matrix
Comment: ``The Metropolis facility has been secured in an idle
state due to market conditions. The idle state conditions prohibits the
production or the creation of liquid UF6 per Honeywell Request for
Relaxation Security Order dated April 30, 2018. The NRC approved the
request for Relaxation of Security Order in a letter dated March 11,
2019, due to the removal of UF6 from the process equipment. NRC
recently acknowledged an 80% reduction in inspection effort due to the
idle condition as stated in the NRC Inspection Report 4-339/2020-005
Honeywell Metropolis Works License Performance Review dated March 2,
2020. In the current idle state, MTW will not have liquid UF6 on site,
or implement safeguards related to liquid UF6. Therefore, MTW asks that
the effort factor for liquid UF6 be revised from 5 to 0 and the
safeguards factor for liquid UF6 also be revised from a 5 to 0 to
appropriately reflect the effort during the current idle state
condition.'' (MTW)
Response: Currently, there is one uranium conversion facility, and
it is in a ``ready-idle'' status with no processing operations. The NRC
believes that this facility will remain in ``ready-idle'' position for
FY 2020 and will need to be reassessed on an annual basis. Regulatory
oversight of processing operations have been curtailed while the
operations are shut down. Therefore, the safety and safeguards factors
for ``Liquid UF6 processing at Uranium Conversion facilities'' in the
effort factors matrix have been reduced from 5 to 0 to reflect the
curtailed regulatory oversight of these processes.
G. Fuel Facilities Fee Class
Comment: ``We note that annual fees for Category I Fuel Cycle
Facilities (listed under Category ``High-Enriched Uranium Fuel'') still
exceed operating power reactor fees by roughly half a million dollars
($4.9M vs. $4.5M, respectively). We continue to encourage the NRC to
adjust the Category I Fuel Cycle Facility regulatory effort, and in
turn fees, to be commensurate with the facility risk profile.'' (NEI)
Response: The resources budgeted for each business line reflect the
regulatory effort. In this final rule the total required annual fee
recovery for the operating power reactor business line is $439.0
million, and the total annual fee recovery for the fuel facility
business line is $18.0 million. The lower amount is commensurate with
the lower risk at fuel facilities. This amount must be recovered from
the 7 existing fuel facilities in the business line. For the Category I
fuel facilities, the processes in the matrix are surrogates for the
actual processes because the actual processes are classified.
No changes were made to this final rule because of this comment.
Comment: Two commenters welcomed the reductions in the fuel
facilities fee class budgetary resources and annual fees in FY 2020,
but felt that it is imperative that the OCFO staff take into
consideration the Office of Nuclear Materials Safety and Safeguards'
(NMSS) ongoing Fuel Cycle Smarter Program initiative, which will likely
identify further reductions in FY 2021 fee-billable inspection hours.
For planning purposes, a commensurate business line reduction in FY
2021 should closely reflect any final ``Smarter Programs'' inspection
decisions (final reports are anticipated in Spring 2020). In the
absence of such adjustments, fuel cycle facilities will experience an
unnecessary increase in annual fees for FY 2021. (NEI and WEC)
Response: The fuel facilities business line is responsible for
ensuring the safety and security of fuel cycle and greater than
critical mass facilities. The business line leads the licensing and
oversight of these facilities, as well as domestic material control and
[[Page 37268]]
accounting and international safeguards implementation activities for
the NRC. The business line also supports rulemaking and environmental
review activities for fuel facilities. The NRC has taken steps to
right-size the fuel facilities budget to ensure that it reflects the
reduced workload in the business line. A peak workload was experienced
in FY 2012 and since then, the fee class budget has decreased from
$54.4 million in FY 2012 to $18.0 million in FY 2020. This represents a
reduction of $36.4 million, or 67 percent within the fee class budget.
The FY 2020 fuel facilities fee class budget decreased primarily due to
an expected decline in license renewal applications, the decrease in
the number of license amendments, the termination of the MOX Fuel
Fabrication Facility construction authorization, and efficiencies
gained because of changes to the Fuel Facilities Inspection Program,
and workload projections.
In a public meeting conducted on March 5, 2020, on the FY 2020
proposed fee rule, the NRC provided an overview of the fuel facilities
business line budget, major activities, the budget planning process
(e.g., workload forecasting, types of work, and inspection activities),
the reconciliation from the fuel facilities business line to the fee
class budget, and the five-year trend of 10 CFR part 170 user fees and
10 CFR part 171 annual fees. Slides from this public meeting are
available at ADAMS Accession No. ML20064G525.
Regarding the assertion that the NRC should reduce the fuel
facilities business line budget, the NRC continues to actively evaluate
resource requirements, both in terms of overall budget numbers and
FTEs, to address changes that occur between budget formulation and
execution. The NRC will continue to assess resource requirements and
evaluate programmatic efficiencies that could result in additional
resource reductions, but a reduction in the budget is not linearly
proportional as there is a cost for the infrastructure that must be
maintained independent of the number of operational fuel facilities.
In this final rule, the fees assessed to the licensees and
applicants by the NRC must conform to OBRA-90, which requires the NRC
to collect approximately 90 percent of its FY 2020 budget authority
(less certain excluded items) through both user fees and annual fees.
The NRC can assess these annual fees only to licensees or certificate
holders, and the annual fee schedule must be fair and equitably
allocate annual fees among the NRC's many licensees. To ensure
compliance with OBRA-90, the NRC makes continual organizational
improvements to align the resources needed to support its regulatory
activities. These actions help mitigate impacts on the remaining
licensees from licensees that leave a fee class by helping the NRC
continue to develop budgets that account for regulating a fee class
with a declining number of licensees.
Beyond FY 2020, the NRC will continue to look for efficiencies
within the fuel facilities program. Going forward, the fuel facilities
business line is focusing efforts to align the agency's program of work
in the fuel facilities area to workload projections and continuing to
risk-inform the regulatory framework for these activities while
maintaining adequate protection consistent with our principles of good
regulation.
On April 26, 2019, the NRC created two working groups tasked with
building smarter Fuel Cycle licensing and oversight programs. The
working groups were tasked with conducting a holistic assessment of the
fuel cycle licensing and oversight programs for the purpose of
improving the effectiveness and efficiency of the programs. The working
groups included experienced supervisors and staff members looking for
areas of transformation and innovation while adhering to the key
principles of good regulation that guide the manner in which we conduct
our work and make decisions.
The NRC believes that the implementation of the recommendations
resulting from this effort will ensure focus on the areas of greatest
safety benefit using the appropriate level of effort. Implementation of
the recommendations will begin in FY 2021 and the results will be
reflected in future rulemakings.
No changes were made to this final rule because of these comments.
H. Uranium Mill Tailings Radiation Control Act (Work Papers)
Comment: ``The U.S. Department of Energy (DOE) has reviewed the
proposed 10 CFR parts 170 and 171 fee schedule for FY 2020. The DOE
finds that the basis for the total annual fee amount and the level of
effort to support the general licenses for [UMTRCA] sites is not
presented in the proposed rule or associated work papers. Additionally,
the bases for allocation percentages for DOE and other uranium recovery
licensees and the generic/other uranium recovery costs in the proposed
rule and work papers are not presented. The DOE requests that the US
NRC clarify the rationale for the various fee components that are used
to determine the total charge. This will help DOE evaluate whether the
proposed NRC scope is consistent with anticipated DOE activities and
establish the basis for DOE's estimate of annual uranium licensee fees
in its budget request.'' (DOE)
Response: The NRC described the overall methodology for determining
fees for uranium recovery facilities, including DOE, in the 2002 fee
rule (67 FR 42625; June 24, 2002), and the NRC continues to use this
methodology. As the NRC explained in the FY 2020 proposed fee rule, the
NRC recovers fees from DOE through both user fees charged under 10 CFR
part 170 for specific UMTRCA oversight activities and annual fees
charged under 10 CFR part 171 for generic and other costs related to
UMTRCA and other uranium recovery activities. As shown in the work
papers referenced in the proposed fee rule, the NRC calculated the
total amount of budgeted resources for UMTRCA activities related to DOE
sites in the FY 2020 budget by computing the cost of staff hours
budgeted to conduct the work (in terms of full-time equivalent, or FTE)
and the budgeted contract costs. The total amount of budgeted resources
was reduced by the amount expected to be recovered by 10 CFR part 170
user fees for site-specific UMTRCA activities. The NRC estimated the
amount of 10 CFR part 170 user fees by analyzing billing data and the
actual contractual work charged to DOE for the previous four quarters.
The estimate, therefore, reflects any recent reductions in NRC
oversight activities. The remainder of the UMTRCA budgeted amount
related to DOE sites is charged to DOE for generic activities. In
addition to those generic costs, DOE was charged for 10 percent of the
overall generic costs attributable to the uranium recovery program. In
other words, the DOE fee includes the costs of generic activities
related to DOE sites and 10 percent of the overall generic costs
attributable to the uranium recovery program. The remaining 90 percent
of the overall generic costs is charged to the other members of the
uranium recovery fee class. The work papers also provided information
on all the values of the effort/benefit factors used in the uranium
recovery matrix for FY 2020.
No changes were made to this final rule because of this comment.
I. Small Entity Size Standards
Comment: ``Regarding small entity size standards, the NRC should
consider establishing lower licensing fees by creating one or more
additional ranges between the $520,000 and $7,000,000
[[Page 37269]]
gross annual receipts range. A fee rate schedule with more steps for
small businesses would help reduce the license fee burden on the
smaller entities and address small business concerns.'' (RE)
Response: To reduce the significance of the annual fees on a
substantial number of small entities, the NRC established the maximum
small entity fee in FY 1991. In FY 1992, the NRC introduced a second
lower tier to the small entity fee. Because the NRC's methodology for
small entity size standards has been approved by the Small Business
Administration, the NRC did not modify its current methodology for this
rulemaking. However, as one of the ongoing Fees Transformation
initiatives, the NRC conducted a financial survey of materials
licensees to determine whether changes to the size standards are
needed. The NRC published a document in the Federal Register (85 FR
6225; February 4, 2020) announcing the survey, with a requested due
date of April 30, 2020, to complete the survey. The survey results will
be analyzed to determine if changes are needed to the current NRC
nuclear industry-specific small entity size standards in Sec. 2.810.
No change was made to this final rule in response to this comment.
J. Comments Generally Supporting Actions of the Agency
Several commenters expressed comments generally in favor of actions
that the agency is taking with respect to fees, billing, and other
aspects of the fee rule process. Comments expressed support for the
public meetings NRC held on the proposed fee rule; improved efficiency
and clarity of the fee and invoicing process; NRC's eBilling system;
the policy change to modify the timing of when annual fees commence for
power reactor licensees; actions to decrease and right-size the fuel
facilities budget to right-size the budget to reflect a reduced
workload; and other improvements made as part of the Fees
Transformation Initiative. No change was made to this final rule in
response to this comment.
K. Comments on Matters Not Related to This Rulemaking
Several commenters raised issues outside the scope of the FY 2020
fee rule. Commenters raised concerns with the agency's budgeting
process and requested public participation on the agency's budget
formulation process. A few commenters requested expediting efficiency
efforts and engaging industry regarding additional efficiencies and
risk-informing the current regulatory program. These matters are
outside the scope of this final rule. The primary purpose of the rule
is to update the NRC's fee schedules to recover approximately 90
percent of the NRC's budgeted authority for the current fiscal year,
and to make other necessary corrections or appropriate changes to
specific aspects of the NRC's fee regulations in order to ensure
compliance with OBRA-90.
The NRC understands the importance of examining and improving the
efficiency of its operations and the prioritization of its regulatory
activities. Accordingly, the NRC has undertaken, and continues to
undertake, a number of significant initiatives aimed at improving the
efficiency of NRC operations and enhancing the agency's approach to
regulating. Though comments raising these issues are not within the
scope of this final rule, the NRC will consider this input in its
future program operations.
VI. Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),\4\ the NRC has prepared a regulatory flexibility analysis
related to this final rule. The regulatory flexibility analysis is
available as indicated in Section XIV, Availability of Documents, 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).
---------------------------------------------------------------------------
VII. Regulatory Analysis
Under OBRA-90, the NRC is required to recover approximately 90
percent of its budget authority in FY 2020. 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 OBRA-90.
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.
VIII. Backfitting and Issue Finality
The NRC has determined that the backfit rule, Sec. 50.109, does
not apply to this final rule and that a backfit analysis is not
required. A backfit analysis is not required because these amendments
do not require the modification of, or addition to, systems,
structures, components, or the design of a facility, or the design
approval or manufacturing license for a facility, or the procedures or
organization required to design, construct, or operate a facility.
IX. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act, as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
X. National Environmental Policy Act
The rule is limited to amending the NRC's administrative
requirements in 10 CFR parts 170 and 171. Therefore, this action is
categorically excluded from needing environmental review, as described
in Sec. 51.22(c)(1). Consequently, neither an environmental impact
statement nor an environmental assessment has been prepared for this
final rule.
XI. Paperwork Reduction Act
This final rule does not contain a collection of information as
defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
and, therefore, is not subject to the requirements of the Paperwork
Reduction Act of 1995.
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.
XII. Congressional Review Act
This final rule is a rule as defined in the Congressional Review
Act of 1996 (5 U.S.C. 801-808). The Office of Management and Budget has
found it to be a major rule as defined in the Congressional Review Act.
XIII. 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 approximately 90
percent of its budget authority in FY 2020, as required by
[[Page 37270]]
OBRA-90. This action does not constitute the establishment of a
standard that contains generally applicable requirements.
XIV. Availability of Guidance
The Small Business Regulatory Enforcement Fairness Act requires all
Federal agencies to prepare a written compliance guide for each rule
for which the agency is required by 5 U.S.C. 604 to prepare a
regulatory flexibility analysis. The NRC, in compliance with the law,
prepared the ``Small Entity Compliance Guide'' for the FY 2019 proposed
fee rule. The NRC plans to continue to use this compliance guide for FY
2020 and has relabeled the compliance guide to reflect the current
fiscal year. The FY 2020 version of the compliance guide is available
as indicated in Section XIV, Availability of Documents, of this
document. The next compliance guide will be developed when the NRC
completes the next small entity biennial review in FY 2021.
XV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
Documents Adams Accession No./web link
------------------------------------------------------------------------
SECY-05-0164, ``Annual Fee Calculation ML052580332.
Method,'' dated September 15, 2005.
SECY-16-0097, ``Fee Setting Improvements ML16194A365.
and Fiscal Year 2017 Proposed Fee
Rule,'' dated August 15, 2016.
Staff Requirements Memorandum for SECY- ML16293A902.
16-0097, dated October 19, 2016.
NUREG-1100, Volume 35, ``Congressional ML19065A279.
Budget Justification: Fiscal Year
2020'' (February 2019).
Petition for Rulemaking-171-1, ML19081A015.
``Petition to Amend 10 CFR 171.15,
``Reactor Licenses and Independent
Spent Fuel Storage Licenses,'' dated
February 28, 2019.
``Nuclear Power Plant License Fees Upon ML19304B492.
Commencing Commercial Operation,''
partial consideration in the rulemaking
process (84 FR 65032; November 26,
2019).
FY 2020 Final Rule Work Papers.......... ML20142A363.
``Uranium Recovery Flat Fee Pilot ML20010D684.
Initiative: A Report for the Senate
Committee on Environment and Public
Works and the House Committee on Energy
and Commerce''.
FY 2020 Final Fee Rule.................. ML20114E208.
FY 2020 Regulatory Flexibility Analysis. ML20120A537.
FY 2020 U.S. Nuclear Regulatory ML19318G044.
Commission Small Entity Compliance
Guide.
NRC Form 526, ``Certification of Small https://www.nrc.gov/reading-rm/
Entity Status for the Purposes of doc-collections/forms/
Annual Fees Imposed under 10 CFR Part nrc526.pdf.
171''.
OMB Circular A-25, ``User Charges''..... https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/circulars/a025/a025.html.
Fees Transformation Accomplishments..... https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformation-accomplishments.html.
------------------------------------------------------------------------
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 adopting
the following amendments to 10 CFR parts 170 and 171:
PART 170--FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT
LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT
OF 1954, AS AMENDED
0
1. The authority citation for part 170 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 161(w) (42
U.S.C. 2014, 2201(w)); Energy Reorganization Act of 1974, sec. 201
(42 U.S.C. 5841); 42 U.S.C. 2214; 31 U.S.C. 901, 902, 9701; 44
U.S.C. 3504 note.
Sec. 170.20 [Amended]
0
2. In Sec. 170.20, remove the dollar amount ``$275'' and add in its
place the dollar amount ``$279''.
0
3. In Sec. 170.21, in the table, revise the entry for ``K. Import and
export licenses'' and footnotes 1 and 6 to read as follows:
Sec. 170.21 Schedule of fees for production and utilization
facilities, review of standard referenced design approvals, special
projects, inspections and import and export licenses.
* * * * *
Schedule of Facility Fees
[See footnotes at end of table]
------------------------------------------------------------------------
Facility categories and type of fees Fees1 2
------------------------------------------------------------------------
* * * * * * *
K. Import and export licenses \6\
Licenses for the import and export only
of production or utilization
facilities or the export only of
components for production or
utilization facilities issued under 10
CFR part 110.
[[Page 37271]]
1. Application for import or export
of production or utilization
facilities \4\ (including reactors
and other facilities) and exports
of components requiring Commission
and Executive Branch review, for
example, actions under 10 CFR
110.40(b).
Application--new license, or N/A.
amendment; or license
exemption request.
2. Application for export of
reactor and other components
requiring Executive Branch review,
for example, those actions under
10 CFR 110.41(a).
Application--new license, or N/A.
amendment; or license
exemption request.
3. Application for export of
components requiring the
assistance of the Executive Branch
to obtain foreign government
assurances.
Application--new license, or N/A.
amendment; or license
exemption request.
4. Application for export of
facility components and equipment
not requiring Commission or
Executive Branch review, or
obtaining foreign government
assurances.
Application--new license, or N/A.
amendment; or license
exemption request.
5. Minor amendment of any active
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 or
conditions or to the type of
facility or component authorized
for export and, therefore, do not
require in-depth analysis or
review or consultation with the
Executive Branch, U.S. host state,
or foreign government authorities.
Minor amendment to license..... N/A.
------------------------------------------------------------------------
\1\ Fees will be charged for approvals issued under a specific exemption
provision of the Commission's regulations under title 10 of the Code
of Federal Regulations (e.g., 10 CFR 50.12, 10 CFR 73.5) and any other
sections in effect now or in the future, regardless of whether the
approval is in the form of a license amendment, letter of approval,
safety evaluation report, or other form.
\2\ Full cost fees will be determined based on the professional staff
time and appropriate contractual support services expended. For
applications currently on file and for which fees are determined based
on the full cost expended for the review, the professional staff hours
expended for the review of the application up to the effective date of
the final rule will be determined at the professional rates in effect
when the service was provided.
* * * * * * *
\4\ Imports only of major components for end-use at NRC-licensed
reactors are authorized under NRC general import license in 10 CFR
110.27.
* * * * * * *
\6\ Because the Further Consolidated Appropriations Act, 2020, excludes
international activities from the fee-recoverable budget in FY 2020,
import and export licensing actions will not incur fees.
0
4. In Sec. 170.31, revise the table 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, 21133].
B. Licenses for receipt and storage of Full Cost.
spent fuel and reactor-related Greater
than Class C (GTCC) waste at an
independent spent fuel storage
installation (ISFSI) \6\ [Program
Code(s): 23200].
C. Licenses for possession and use of $1,300.
special nuclear material of less than a
critical mass as defined in Sec. 70.4
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 $2,600.
licenses, except licenses authorizing
special nuclear material in sealed or
unsealed form in combination that would
constitute a critical mass, as defined
in Sec. 70.4 of this chapter, for
which the licensee shall pay the same
fees as those under Category 1.A.\4\
Application [Program Code(s): 22110,
22111, 22120, 22131, 22136, 22150,
22151, 22161, 22170, 23100, 23300,
23310].
E. Licenses or certificates for Full Cost.
construction and operation of a uranium
enrichment facility \6\ [Program
Code(s): 21200].
F. Licenses for possession and use of Full Cost.
special nuclear material greater than
critical mass as defined in Sec. 70.4
of this chapter, for development and
testing of commercial products, and
other non-fuel-cycle activities.4 6
[Program Code(s): 22155].
2. Source material: \11\
A. (1) Licenses for possession and use of Full Cost.
source material for refining uranium
mill concentrates to uranium
hexafluoride or for deconverting uranium
hexafluoride in the production of
uranium oxides for disposal.\6\ [Program
Code(s): 11400].
[[Page 37272]]
(2) Licenses for possession and use
of source material in recovery
operations such as milling, in-situ
recovery, heap-leaching, ore buying
stations, ion-exchange facilities,
and in processing of ores containing
source material for extraction of
metals other than uranium or
thorium, including licenses
authorizing the possession of
byproduct waste material (tailings)
from source material recovery
operations, as well as licenses
authorizing the possession and
maintenance of a facility in a
standby mode.\6\
(a) Conventional and Heap Leach Full Cost.
facilities \6\ [Program Code(s):
11100].
(b) Basic In Situ Recovery 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 facilities Full Cost.
\6\ [Program Code(s): 11555].
(f) Other facilities \6\ [Program Full Cost.
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 $1,200.
possession, use, and/or installation of
source material for shielding.7 8
Application [Program Code(s): 11210].
C. Licenses to distribute items $4,300.
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 material $2,800.
to persons generally licensed under part
40 of this chapter. Application [Program
Code(s): 11230, 11231].
E. Licenses for possession and use of $2,700.
source material for processing or
manufacturing of products or materials
containing source material for
commercial distribution. Application
[Program Code(s): 11710].
F. All other source material licenses. $2,700.
Application [Program Code(s): 11200,
11220, 11221, 11300, 11800, 11810,
11820].
3. Byproduct material: \11\
A. Licenses of broad scope for the $13,100.
possession and use of byproduct material
issued under parts 30 and 33 of this
chapter for processing or manufacturing
of items containing byproduct material
for commercial distribution. Number of
locations of use: 1-5. Application
[Program Code(s): 03211, 03212, 03213].
(1). Licenses of broad scope for the $17,400.
possession and use of byproduct
material issued under parts 30 and
33 of this chapter for processing or
manufacturing of items containing
byproduct material for commercial
distribution. Number of locations of
use: 6-20. Application [Program
Code(s): 04010, 04012, 04014].
(2). Licenses of broad scope for the $21,700.
possession and use of byproduct
material issued under parts 30 and
33 of this chapter for processing or
manufacturing of items containing
byproduct material for commercial
distribution. Number of locations of
use: more than 20. Application
[Program Code(s): 04011, 04013,
04015].
B. Other licenses for possession and use $3,600.
of byproduct material issued under part
30 of this chapter for processing or
manufacturing of items containing
byproduct material for commercial
distribution. Number of locations of
use: 1-5. Application [Program Code(s):
03214, 03215, 22135, 22162].
(1). Other licenses for possession $4,800.
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 possession $6,000.
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. $5,200.
32.72 and/or 32.74 of this chapter that
authorize the processing or
manufacturing and distribution or
redistribution of radiopharmaceuticals,
generators, reagent kits, and/or sources
and devices containing byproduct
material. This category does not apply
to licenses issued to nonprofit
educational institutions whose
processing or manufacturing is exempt
under Sec. 170.11(a)(4). Number of
locations of use: 1-5. Application
[Program Code(s): 02500, 02511, 02513].
(1). Licenses issued under Sec. Sec. $6,900.
32.72 and/or 32.74 of this chapter
that authorize the processing or
manufacturing and distribution or
redistribution of
radiopharmaceuticals, generators,
reagent kits, and/or sources and
devices containing byproduct
material. This category does not
apply to licenses issued to
nonprofit educational institutions
whose processing or manufacturing is
exempt under Sec. 170.11(a)(4).
Number of locations of use: 6-20.
Application [Program Code(s): 04210,
04212, 04214].
(2). Licenses issued under Sec. Sec. $8,700.
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 $3,200.
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 $6,500.
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].
[[Page 37273]]
G. Licenses for possession and use of $62,300.
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 $6,700.
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].
I. Licenses issued under subpart A of $11,600.
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, 03252, 03253,
03256].
J. Licenses issued under subpart B of $2,000.
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 $1,100.
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 possession $5,500.
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 $7,300.
possession and use of byproduct
material issued under parts 30 and
33 of this chapter for research and
development that do not authorize
commercial distribution. Number of
locations of use: 6-20. Application
[Program Code(s): 04610, 04612,
04614, 04616, 04618, 04620, 04622].
(2) Licenses of broad scope for $9,100.
possession and use of byproduct
material issued under parts 30 and
33 of this chapter for research and
development that do not authorize
commercial distribution. Number of
locations of use: more than 20.
Application [Program Code(s): 04611,
04613, 04615, 04617, 04619, 04621,
04623].
M. Other licenses for possession and use $8,300.
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 $8,900.
other licensees, except: (1) Licenses
that authorize only calibration and/or
leak testing services are subject to the
fees specified in fee Category 3.P.; and
(2) Licenses that authorize waste
disposal services are subject to the
fees specified in fee Categories 4.A.,
4.B., and 4.C. Application [Program
Code(s): 03219, 03225, 03226].
O. Licenses for possession and use of $6,400.
byproduct material issued under part 34
of this chapter for industrial
radiography operations. Number of
locations of use: 1-5. Application
[Program Code(s): 03310, 03320].
(1). Licenses for possession and use $8,500.
of byproduct material issued under
part 34 of this chapter for
industrial radiography operations.
Number of locations of use: 6-20.
Application [Program Code(s): 04310,
04312].
(2). Licenses for possession and use $10,600.
of byproduct material issued under
part 34 of this chapter for
industrial radiography operations.
Number of locations of use: more
than 20. Application [Program
Code(s): 04311, 04313].
P. All other specific byproduct material $4,700.
licenses, except those in Categories
4.A. through 9.D.\9\ Number of locations
of use: 1-5. Application [Program
Code(s): 02400, 02410, 03120, 03121,
03122, 03123, 03124, 03130, 03140,
03220, 03221, 03222, 03800, 03810,
22130].
(1). All other specific byproduct $6,300.
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 $7,900.
material licenses, except those in
Categories 4.A. through 9.D.\9\
Number of locations of use: More
than 20. Application [Program
Code(s): 04411, 04413, 04415, 04417,
04419, 04421, 04423, 04425, 04427,
04429, 04431, 04433, 04435, 04437,
04439].
Q. Registration of a device(s) generally $600.
licensed under part 31 of this chapter.
Registration.
R. Possession of items or products $2,600.
containing radium-226 identified in 10
CFR 31.12 which exceed the number of
items or limits specified in that
section.\5\ 1. Possession of quantities
exceeding the number of items or limits
in 10 CFR 31.12(a)(4) or (5) but less
than or equal to 10 times the number of
items or limits specified. Application
[Program Code(s): 02700].
2. Possession of quantities exceeding $2,500.
10 times the number of items or
limits specified in 10 CFR
31.12(a)(4) or (5). Application
[Program Code(s): 02710].
S. Licenses for production of accelerator- $14,300.
produced radionuclides. Application
[Program Code(s): 03210].
4. Waste disposal and processing: \11\
A. Licenses specifically authorizing the Full Cost.
receipt of waste byproduct material,
source material, or special nuclear
material from other persons for the
purpose of contingency storage or
commercial land disposal by the
licensee; or licenses authorizing
contingency storage of low-level
radioactive waste at the site of nuclear
power reactors; or licenses for receipt
of waste from other persons for
incineration or other treatment,
packaging of resulting waste and
residues, and transfer of packages to
another person authorized to receive or
dispose of waste material. Application
[Program Code(s): 03231, 03233, 03236,
06100, 06101].
B. Licenses specifically authorizing the $6,900.
receipt of waste byproduct material,
source material, or special nuclear
material from other persons for the
purpose of packaging or repackaging the
material. The licensee will dispose of
the material by transfer to another
person authorized to receive or dispose
of the material. Application [Program
Code(s): 03234].
[[Page 37274]]
C. Licenses specifically authorizing the $5,000.
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 $4,600.
byproduct material, source material, and/
or special nuclear material for well
logging, well surveys, and tracer
studies other than field flooding tracer
studies. Application [Program Code(s):
03110, 03111, 03112].
B. Licenses for possession and use of Full Cost.
byproduct material for field flooding
tracer studies. Licensing [Program
Code(s): 03113].
6. Nuclear laundries: \11\
A. Licenses for commercial collection and $22,200.
laundry of items contaminated with
byproduct material, source material, or
special nuclear material. Application
[Program Code(s): 03218].
7. Medical licenses: \11\
A. Licenses issued under parts 30, 35, $11,200.
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 30, $14,800.
35, 40, and 70 of this chapter for
human use of byproduct material,
source material, or special nuclear
material in sealed sources contained
in gamma stereotactic radiosurgery
units, teletherapy devices, or
similar beam therapy devices. Number
of locations of use: 6-20.
Application [Program Code(s): 04510,
04512].
(2). Licenses issued under parts 30, $18,500.
35, 40, and 70 of this chapter for
human use of byproduct material,
source material, or special nuclear
material in sealed sources contained
in gamma stereotactic radiosurgery
units, teletherapy devices, or
similar beam therapy devices. Number
of locations of use: more than 20.
Application [Program Code(s): 04511,
04513].
B. Licenses of broad scope issued to $8,700.
medical institutions or two or more
physicians under parts 30, 33, 35, 40,
and 70 of this chapter authorizing
research and development, including
human use of byproduct material, except
licenses for byproduct material, source
material, or special nuclear material in
sealed sources contained in teletherapy
devices. This category also includes the
possession and use of source material
for shielding when authorized on the
same license. Number of locations of
use: 1-5. Application [Program Code(s):
02110].
(1). Licenses of broad scope issued $11,600.
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 issued $14,500.
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 30, $6,600.
35, 40, and 70 of this chapter for human
use of byproduct material, source
material, and/or special nuclear
material, except licenses for byproduct
material, source material, or special
nuclear material in sealed sources
contained in teletherapy devices.\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 $8,800.
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 $10,900.
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 $2,600.
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 $10,900.
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 $9,000.
products containing byproduct material,
source material, or special nuclear
material manufactured in accordance with
the unique specifications of, and for
use by, a single applicant, except
reactor fuel devices. Application--each
device.
C. Safety evaluation of sealed sources $5,300.
containing byproduct material, source
material, or special nuclear material,
except reactor fuel, for commercial
distribution. Application--each source.
D. Safety evaluation of sealed sources $1,100.
containing byproduct material, source
material, or special nuclear material,
manufactured in accordance with the
unique specifications of, and for use
by, a single applicant, except reactor
fuel. Application--each source.
10. Transportation of radioactive material:
A. Evaluation of casks, packages, and
shipping containers.
1. Spent Fuel, High-Level Waste, and Full Cost.
plutonium air packages.
2. Other Casks....................... Full Cost.
B. Quality assurance program approvals
issued under part 71 of this chapter.
[[Page 37275]]
1. Users and Fabricators. Application $4,200.
Inspections...................... Full Cost.
2. Users. Application................ $4,200.
Inspections...................... Full Cost.
C. Evaluation of security plans, route Full Cost.
approvals, route surveys, and
transportation security devices
(including immobilization devices)..
11. Review of standardized spent fuel Full Cost.
facilities..
12. Special projects: Including approvals, Full Cost.
pre-application/licensing activities, and
inspections. Application [Program Code:
25110].
13. A. Spent fuel storage cask Certificate of Full Cost.
Compliance..
B. Inspections related to storage of Full Cost.
spent fuel under Sec. 72.210 of this
chapter.
14. Decommissioning/Reclamation: \11\
A. Byproduct, source, or special nuclear Full Cost.
material licenses and other approvals
authorizing decommissioning,
decontamination, reclamation, or site
restoration activities under parts 30,
40, 70, 72, and 76 of this chapter,
including master materials licenses
(MMLs). The transition to this fee
category occurs when a licensee has
permanently ceased principal activities.
[Program Code(s): 03900, 11900, 21135,
21215, 21325, 22200].
B. Site-specific decommissioning Full Cost.
activities associated with unlicensed
sites, including MMLs, regardless of
whether or not the sites have been
previously licensed.
15. Import and Export licenses: \12\
Licenses issued under part 110 of this
chapter for the import and export only
of special nuclear material, source
material, tritium and other byproduct
material, and the export only of heavy
water, or nuclear grade graphite (fee
categories 15.A. through 15.E.).
A. Application for export or import of N/A.
nuclear materials, including radioactive
waste requiring Commission and Executive
Branch review, for example, those
actions under 10 CFR 110.40(b).
Application--new license, or amendment;
or license exemption request.
B. Application for export or import of N/A.
nuclear material, including radioactive
waste, requiring Executive Branch
review, but not Commission review. This
category includes applications for the
export and import of radioactive waste
and requires the NRC to consult with
domestic host state authorities (i.e.,
Low-Level Radioactive Waste Compact
Commission, the U.S. Environmental
Protection Agency, etc.). Application--
new license, or amendment; or license
exemption request.
C. Application for export of nuclear N/A.
material, for example, routine reloads
of low enriched uranium reactor fuel and/
or natural uranium source material
requiring the assistance of the
Executive Branch to obtain foreign
government assurances. Application--new
license, or amendment; or license
exemption request.
D. Application for export or import of N/A.
nuclear material not requiring
Commission or Executive Branch review,
or obtaining foreign government
assurances. Application--new license, or
amendment; or license exemption request.
E. Minor amendment of any active export N/A.
or import license, for example, to
extend the expiration date, change
domestic information, or make other
revisions which do not involve any
substantive changes to license terms and
conditions or to the type/quantity/
chemical composition of the material
authorized for export and, therefore, do
not require in-depth analysis, review,
or consultations with other Executive
Branch, U.S. host state, or foreign
government authorities. Minor amendment.
Licenses issued under part 110 of this
chapter for the import and export only
of Category 1 and Category 2 quantities
of radioactive material listed in
appendix P to part 110 of this chapter
(fee categories 15.F. through 15.R.).
Category 1 (Appendix P, 10 CFR Part 110)
Exports:
F. Application for export of appendix P N/A.
Category 1 materials requiring
Commission review (e.g. exceptional
circumstance review under 10 CFR
110.42(e)(4)) and to obtain one
government-to-government consent for
this process. For additional consent see
fee category 15.I. Application--new
license, or amendment; or license
exemption request.
G. Application for export of appendix P N/A.
Category 1 materials requiring Executive
Branch review and to obtain one
government-to-government consent for
this process. For additional consents
see fee category 15.I. Application--new
license, or amendment; or license
exemption request.
H. Application for export of appendix P N/A.
Category 1 materials and to obtain one
government-to-government consent for
this process. For additional consents
see fee category 15.I. Application--new
license, or amendment; or license
exemption request.
I. Requests for each additional 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 appendix P N/A.
Category 2 materials requiring
Commission review (e.g. exceptional
circumstance review under 10 CFR
110.42(e)(4)). Application--new license,
or amendment; or license exemption
request.
K. Applications for export of appendix P N/A.
Category 2 materials requiring Executive
Branch review. Application--new license,
or amendment; or license exemption
request.
L. Application for the export of Category N/A.
2 materials. Application--new license,
or amendment; or license exemption
request.
M. [Reserved]............................ N/A.
N. [Reserved]............................ N/A.
O. [Reserved]............................ N/A.
P. [Reserved]............................ N/A.
Q. [Reserved]............................ N/A.
Minor Amendments (Category 1 and 2, Appendix
P, 10 CFR Part 110, Export):
R. Minor amendment of any active export N/A.
license, for example, to extend the
expiration date, change domestic
information, or make other revisions
which do not involve any substantive
changes to license terms and conditions
or to the type/quantity/chemical
composition of the material authorized
for export and, therefore, do not
require in-depth analysis, review, or
consultations with other Executive
Branch, U.S. host state, or foreign
authorities. Minor amendment.
[[Page 37276]]
16. Reciprocity:
Agreement State licensees who conduct $2,100.
activities under the reciprocity
provisions of 10 CFR 150.20. Application.
17. Master materials licenses of broad scope Full Cost.
issued to Government agencies. Application
[Program Code(s): 03614]
18. Department of Energy.
A. Certificates of Compliance. Evaluation Full Cost.
of casks, packages, and shipping
containers (including spent fuel, high-
level waste, and other casks, and
plutonium air packages).
B. Uranium Mill Tailings Radiation 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:
(a) 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.
(1) 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.
(2) 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.
(b) 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).
(c) 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.
(d) 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).
(e) 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 Further Consolidated Appropriations Act, 2020, excludes
international activities from the fee-recoverable budget in FY 2020,
import and export licensing actions will not be charged fees.
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
5. 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. 2214; 44 U.S.C. 3504
note.
0
6. Revise Sec. 171.3 to read as follows:
Sec. 171.3 Scope.
The regulations in this part apply to any person holding an
operating license for a test reactor or research reactor issued under
part 50 of this chapter, and to any person holding an operating license
for a power reactor licensed under 10 CFR part 50 or a combined license
issued under 10 CFR part 52 that has provided notification to the NRC
that the licensee has successfully completed power ascension testing.
The regulations in this part also apply to any person holding a
materials license as defined in this part, a Certificate of Compliance,
a sealed source or device registration, a quality assurance program
approval, and to a Government agency as defined in this part.
Notwithstanding the other provisions in this section, the regulations
in this part do not apply to uranium recovery and fuel facility
licensees until after the Commission verifies through inspection that
the
[[Page 37277]]
facility has been constructed in accordance with the requirements of
the license.
0
7. In Sec. 171.15, revise paragraphs (a), (b)(1), (b)(2) introductory
text, (c)(1), (c)(2) introductory text, (d)(1) introductory text,
(d)(2) and (3), and (f) to read as follows:
Sec. 171.15 Annual fees: Reactor licenses and independent spent fuel
storage licenses.
(a) Each person holding an operating license for a test or research
reactor; each person holding an operating license for a power reactor
licensed under 10 CFR part 50 or a combined license under 10 CFR part
52 that has provided notification to the NRC that the licensee has
successfully completed power ascension testing; each person holding a
10 CFR part 50 or 10 CFR part 52 power reactor license that is in
decommissioning or possession only status, except those that have no
spent fuel onsite; and each person holding a 10 CFR part 72 license who
does not hold a 10 CFR part 50 or 10 CFR part 52 license and provides
notification in accordance with 10 CFR 72.80(g), shall pay the annual
fee for each license held during the Federal fiscal year in which the
fee is due. This paragraph (a) does not apply to test or research
reactors exempted under Sec. 171.11(b).
(b)(1) The FY 2020 annual fee for each operating power reactor that
must be collected by September 30, 2020, is $4,621,000.
(2) The FY 2020 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 (fee-
relief adjustment). 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
2020 fee-relief adjustment are shown in paragraph (d)(1) of this
section. The activities comprising the FY 2020 base annual fee for
operating power reactors are as follows:
* * * * *
(c)(1) The FY 2020 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 $188,000.
(2) The FY 2020 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) and a fee-relief adjustment. The activities comprising the FY
2020 fee-relief adjustment are shown in paragraph (d)(1) of this
section. The activities comprising the FY 2020 spent fuel storage/
reactor decommissioning rebaselined annual fee are:
* * * * *
(d)(1) The fee-relief adjustment allocated to annual fees includes
a surcharge for the activities listed in paragraph (d)(1)(i) of this
section, plus the amount remaining after total budgeted resources for
the activities included in paragraphs (d)(1)(ii) and (iii) of this
section are reduced by the appropriations the NRC receives for these
types of activities. If the NRC's appropriations for these types of
activities are greater than the budgeted resources for the activities
included in paragraphs (d)(1)(ii) and (iii) of this section for a given
fiscal year, annual fees will be reduced. The activities comprising the
FY 2020 fee-relief adjustment are as follows:
* * * * *
(2) The total FY 2020 fee-relief adjustment allocated to the
operating power reactor class of licenses is a $1,152,477 fee-relief
credit, not including the amount allocated to the spent fuel storage/
reactor decommissioning class. The FY 2020 operating power reactor fee-
relief adjustment to be assessed to each operating power reactor is
approximately a $12,131 fee-relief credit. This amount is calculated by
dividing the total operating power reactor fee-relief credit,
$1,152,477, by the number of operating power reactors (95).
(3) The FY 2020 fee-relief adjustment allocated to the spent fuel
storage/reactor decommissioning class of licenses is a $71,443 fee-
relief credit. The FY 2020 spent fuel storage/reactor decommissioning
fee-relief adjustment to be assessed to each operating power reactor,
each power reactor in decommissioning or possession-only status that
has spent fuel onsite, and to each independent spent fuel storage 10
CFR part 72 licensee who does not hold a 10 CFR part 50 license, is a
$586 fee-relief credit. This amount is calculated by dividing the total
fee-relief credit by the total number of power reactors licenses,
except those that permanently ceased operations and have no fuel
onsite, and 10 CFR part 72 licensees who do not hold a 10 CFR part 50
license.
* * * * *
(f) The FY 2020 annual fees for licensees authorized to operate a
research or test (non-power) reactor licensed under 10 CFR part 50,
unless the reactor is exempted from fees under Sec. 171.11(b), are as
follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Research reactor....................................... $81,300
Test reactor........................................... $81,300
------------------------------------------------------------------------
0
8. In Sec. 171.16, revise paragraphs (c), (d), and (e) introductory
text 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.
* * * * *
(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 following
table. 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:
------------------------------------------------------------------------
Maximum annual
fee per
NRC small entity classification licensed
category
------------------------------------------------------------------------
Small Businesses Not Engaged in Manufacturing (Average
gross receipts over last 3 completed fiscal years):
$485,000 to $7 million.............................. $4,500
Less than $485,000.................................. 900
Small Not-For-Profit Organizations (Annual Gross
Receipts):
$485,000 to $7 million.............................. 4,500
[[Page 37278]]
Less than $485,000.................................. 900
Manufacturing Entities that Have An Average of 500
Employees or Fewer:
35 to 500 employees................................. 4,500
Fewer than 35 employees............................. 900
Small Governmental Jurisdictions (Including publicly
supported educational institutions) (Population):
20,000 to 49,999.................................... 4,500
Fewer than 20,000................................... 900
Educational Institutions that are not State or Publicly
Supported, and have 500 Employees or Fewer:
35 to 500 employees................................. 4,500
Fewer than 35 employees............................. 900
------------------------------------------------------------------------
(d) The FY 2020 annual fees are comprised of a base annual fee and
an allocation for fee-relief adjustment. The activities comprising the
FY 2020 fee-relief adjustment are shown for convenience in paragraph
(e) of this section. The FY 2020 annual fees for materials licensees
and holders of certificates, registrations, or approvals subject to
fees under this section are shown in the following table:
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 $5,067,000
Enriched Uranium) \15\ [Program Code(s): 21213]
(b) Low Enriched Uranium in Dispersible Form 1,717,000
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\ N/A
[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, 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 2,800
nuclear material of less than a critical mass, as
defined in Sec. 70.4 of this chapter, in sealed
sources contained in devices used in industrial
measuring systems, including x-ray fluorescence
analyzers. [Program Code(s): 22140]................
D. All other special nuclear material licenses, 7,000
except licenses authorizing special nuclear
material in sealed or unsealed form in combination
that would constitute a critical mass, as defined
in Sec. 70.4 of this chapter, for which the
licensee shall pay the same fees as those under
Category 1.A. [Program Code(s): 22110, 22111,
22120, 22131, 22136, 22150, 22151, 22161, 22170,
23100, 23300, 23310]...............................
E. Licenses or certificates for the operation of a 2,208,000
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 510,000
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 facilities.\15\ N/A
[Program Code(s): 11100].......................
(b) Basic In Situ Recovery facilities.\15\ 49,200
[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\ [Program \5\ N/A
Code(s): 11555]................................
(f) Other facilities \6\ [Program Code(s): \5\ N/A
11700].........................................
(3) Licenses that authorize the receipt of byproduct \5\ N/A
material, as defined in Section 11e.(2) of the
Atomic Energy Act, from other persons for
possession and disposal, except those licenses
subject to the fees in Category 2.A.(2) or Category
2.A.(4).\15\ [Program Code(s): 11600, 12000].......
(4) Licenses that authorize the receipt of byproduct N/A
material, as defined in Section 11e.(2) of the
Atomic Energy Act, from other persons for
possession and disposal incidental to the disposal
of the uranium waste tailings generated by the
licensee's milling operations, except those
licenses subject to the fees in Category
2.A.(2).\15\ [Program Code(s): 12010]..............
B. Licenses which authorize the possession, use, and/ 3,100
or installation of source material for shielding.16
17 Application [Program Code(s): 11210]............
C. Licenses to distribute items containing source 7,700
material to persons exempt from the licensing
requirements of part 40 of this chapter. [Program
Code: 11240].......................................
D. Licenses to distribute source material to persons 6,000
generally licensed under part 40 of this chapter.
[Program Code(s): 11230 and 11231].................
[[Page 37279]]
E. Licenses for possession and use of source 7,400
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 9,100
Code(s): 11200, 11220, 11221, 11300, 11800, 11810,
11820].............................................
3. Byproduct material:
A. Licenses of broad scope for possession and use of 27,900
byproduct material issued under parts 30 and 33 of
this chapter for processing or manufacturing of
items containing byproduct material for commercial
distribution. Number of locations of use: 1-5.
[Program Code(s): 03211, 03212, 03213].............
(1). Licenses of broad scope for the possession 37,100
and use of byproduct material issued under
parts 30 and 33 of this chapter for processing
or manufacturing of items containing byproduct
material for commercial distribution. Number of
locations of use: 6-20. [Program Code(s):
03211, 03212, 03213]...........................
(2). Licenses of broad scope for the possession 46,300
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 11,300
byproduct material issued under part 30 of this
chapter for processing or manufacturing of items
containing byproduct material for commercial
distribution. Number of locations of use: 1-5.
[Program Code(s): 03214, 03215, 22135, 22162]......
(1). Other licenses for possession and use of 15,000
byproduct material issued under part 30 of this
chapter for processing or manufacturing of
items containing byproduct material for
commercial distribution. Number of locations of
use: 6-20. [Program Code(s): 04110, 04112,
04114, 04116]..................................
(2). Other licenses for possession and use of 18,700
byproduct material issued under part 30 of this
chapter for processing or manufacturing of
items containing byproduct material for
commercial distribution. Number of locations of
use: More than 20. [Program Code(s): 04111,
04113, 04115, 04117]...........................
C. Licenses issued under Sec. Sec. 32.72 and/or 10,500
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.
[Program Code(s): 02500, 02511, 02513].............
(1). Licenses issued under Sec. Sec. 32.72 13,800
and/or 32.74 of this chapter that authorize the
processing or manufacturing and distribution or
redistribution of radiopharmaceuticals,
generators, reagent kits, and/or sources and
devices containing byproduct material. This
category does not apply to licenses issued to
nonprofit educational institutions whose
processing or manufacturing is exempt under
Sec. 170.11(a)(4). Number of locations of
use: 6-20. [Program Code(s): 04210, 04212,
04214].........................................
(2). Licenses issued under Sec. Sec. 32.72 17,400
and/or 32.74 of this chapter that authorize the
processing or manufacturing and distribution or
redistribution of radiopharmaceuticals,
generators, reagent kits, and/or sources and
devices containing byproduct material. This
category does not apply to licenses issued to
nonprofit educational institutions whose
processing or manufacturing is exempt under
Sec. 170.11(a)(4). Number of locations of
use: More than 20. [Program Code(s): 04211,
04213, 04215]..................................
D. [Reserved]....................................... \5\ N/A
E. Licenses for possession and use of byproduct 11,700
material in sealed sources for irradiation of
materials in which the source is not removed from
its shield (self-shielded units) [Program Code(s):
03510, 03520]......................................
F. Licenses for possession and use of less than or 10,700
equal to 10,000 curies of byproduct material in
sealed sources for irradiation of materials in
which the source is exposed for irradiation
purposes. This category also includes underwater
irradiators for irradiation of materials in which
the source is not exposed for irradiation purposes
[Program Code(s): 03511]...........................
G. Licenses for possession and use of greater than 85,200
10,000 curies of byproduct material in sealed
sources for irradiation of materials in which the
source is exposed for irradiation purposes. This
category also includes underwater irradiators for
irradiation of materials in which the source is not
exposed for irradiation purposes [Program Code(s):
03521].............................................
H. Licenses issued under subpart A of part 32 of 10,700
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 16,900
this chapter to distribute items containing
byproduct material or quantities of byproduct
material that do not require device evaluation to
persons exempt from the licensing requirements of
part 30 of this chapter, except for specific
licenses authorizing redistribution of items that
have been authorized for distribution to persons
exempt from the licensing requirements of part 30
of this chapter [Program Code(s): 03250, 03251,
03252, 03253, 03256]...............................
J. Licenses issued under subpart B of part 32 of 4,100
this chapter to distribute items containing
byproduct material that require sealed source and/
or device review to persons generally licensed
under part 31 of this chapter, except specific
licenses authorizing redistribution of items that
have been authorized for distribution to persons
generally licensed under part 31 of this chapter
[Program Code(s): 03240, 03241, 03243].............
K. Licenses issued under subpart B of part 32 of 3,000
this chapter to distribute items containing
byproduct material or quantities of byproduct
material that do not require sealed source and/or
device review to persons generally licensed under
part 31 of this chapter, except specific licenses
authorizing redistribution of items that have been
authorized for distribution to persons generally
licensed under part 31 of this chapter [Program
Code(s): 03242, 03244].............................
L. Licenses of broad scope for possession and use of 15,000
byproduct material issued under parts 30 and 33 of
this chapter for research and development that do
not authorize commercial distribution. Number of
locations of use: 1-5. [Program Code(s): 01100,
01110, 01120, 03610, 03611, 03612, 03613]..........
(1). Licenses of broad scope for possession and 19,800
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]...........................
[[Page 37280]]
(2). Licenses of broad scope for possession and 24,700
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 14,400
byproduct material issued under part 30 of this
chapter for research and development that do not
authorize commercial distribution [Program Code(s):
03620].............................................
N. Licenses that authorize services for other 18,100
licensees, except: (1) Licenses that authorize only
calibration and/or leak testing services are
subject to the fees specified in fee Category 3.P.;
and (2) Licenses that authorize waste disposal
services are subject to the fees specified in fee
categories 4.A., 4.B., and 4.C.\21\ [Program
Code(s): 03219, 03225, 03226]......................
O. Licenses for possession and use of byproduct 29,900
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 40,000
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 49,800
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 licenses, 9,700
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 13,000
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 16,300
licenses, except those in Categories 4.A.
through 9.D.\18\ Number of locations of use:
More than 20. [Program Code(s): 04411, 04413,
04415, 04417, 04419, 04421, 04423, 04425,
04427, 04429, 04431, 04433, 04435, 04437,
04439].........................................
Q. Registration of devices generally licensed under \13\ N/A
part 31 of this chapter............................
R. Possession of items or products containing radium-
226 identified in 10 CFR 31.12 which exceed the
number of items or limits specified in that
section:\14\.......................................
(1). Possession of quantities exceeding the 7,000
number of items or limits in 10 CFR
31.12(a)(4), or (5) but less than or equal to
10 times the number of items or limits
specified [Program Code(s): 02700].............
(2). Possession of quantities exceeding 10 times 7,300
the number of items or limits specified in 10
CFR 31.12(a)(4) or (5) [Program Code(s): 02710]
S. Licenses for production of accelerator-produced 30,300
radionuclides [Program Code(s): 03210].............
4. Waste disposal and processing:
A. Licenses specifically authorizing the receipt of 31,900
waste byproduct material, source material, or
special nuclear material from other persons for the
purpose of contingency storage or commercial land
disposal by the licensee; or licenses authorizing
contingency storage of low-level radioactive waste
at the site of nuclear power reactors; or licenses
for receipt of waste from other persons for
incineration or other treatment, packaging of
resulting waste and residues, and transfer of
packages to another person authorized to receive or
dispose of waste material. [Program Code(s): 03231,
03233, 03235, 03236, 06100, 06101].................
B. Licenses specifically authorizing the receipt of 18,100
waste byproduct material, source material, or
special nuclear material from other persons for the
purpose of packaging or repackaging the material.
The licensee will dispose of the material by
transfer to another person authorized to receive or
dispose of the material. [Program Code(s): 03234]..
C. Licenses specifically authorizing the receipt of 10,200
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 14,300
material, source material, and/or special nuclear
material for well logging, well surveys, and tracer
studies other than field flooding tracer studies.
[Program Code(s): 03110, 03111, 03112].............
B. Licenses for possession and use of byproduct \5\ N/A
material for field flooding tracer studies.
[Program Code(s): 03113]...........................
6. Nuclear laundries:
A. Licenses for commercial collection and laundry of 34,000
items contaminated with byproduct material, source
material, or special nuclear material. [Program
Code(s): 03218]....................................
7. Medical licenses:
A. Licenses issued under parts 30, 35, 40, and 70 of 25,300
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, and 33,600
70 of this chapter for human use of byproduct
material, source material, or special nuclear
material in sealed sources contained in gamma
stereotactic radiosurgery units, teletherapy
devices, or similar beam therapy devices. This
category also includes the possession and use
of source material for shielding when
authorized on the same license.\9\ Number of
locations of use: 6-20. [Program Code(s):
04510, 04512]..................................
[[Page 37281]]
(2). Licenses issued under parts 30, 35, 40, and 42,000
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 30,800
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 medical 41,100
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 medical 51,200
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, and 14,800
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[dash]5. [Program Code(s): 02120, 02121, 02200,
02201, 02210, 02220, 02230, 02231, 02240, 22160]...
(1). Other licenses issued under parts 30, 35, 19,700
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, 35, 24,500
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 7,000
material, source material, or special nuclear
material for civil defense activities. [Program
Code(s): 03710]....................................
9. Device, product, or sealed source safety evaluation:
A. Registrations issued for the safety evaluation of 13,800
devices or products containing byproduct material,
source material, or special nuclear material,
except reactor fuel devices, for commercial
distribution.......................................
B. Registrations issued for the safety evaluation of 11,400
devices or products containing byproduct material,
source material, or special nuclear material
manufactured in accordance with the unique
specifications of, and for use by, a single
applicant, except reactor fuel devices.............
C. Registrations issued for the safety evaluation of 6,700
sealed sources containing byproduct material,
source material, or special nuclear material,
except reactor fuel, for commercial distribution...
D. Registrations issued for the safety evaluation of 1,400
sealed sources containing byproduct material,
source material, or special nuclear material,
manufactured in accordance with the unique
specifications of, and for use by, a single
applicant, except reactor fuel.....................
10. Transportation of radioactive material:
A. Certificates of Compliance or other package
approvals issued for design of casks, packages, and
shipping containers................................
1. Spent Fuel, High-Level Waste, and plutonium \6\ N/A
air packages...................................
2. Other Casks.................................. \6\ N/A
B. Quality assurance program approvals issued under
part 71 of this chapter............................
1. Users and Fabricators........................ \6\ N/A
2. Users........................................ \6\ N/A
C. Evaluation of security plans, route approvals, \6\ N/A
route surveys, and transportation security devices
(including immobilization devices).................
11. Standardized spent fuel facilities.................. \6\ N/A
12. Special Projects [Program Code(s): 25110]........... \6\ N/A
13. A. Spent fuel storage cask Certificate of Compliance \6\ N/A
B. General licenses for storage of spent fuel under \12\ N/A
10 CFR 72.210......................................
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...........................................
[[Page 37282]]
15. Import and Export licenses.......................... \8\ N/A
16. Reciprocity......................................... \8\ N/A
17. Master materials licenses of broad scope issued to 312,000
Government agencies.\15\ [Program Code(s): 03614]......
18. Department of Energy:
A. Certificates of Compliance....................... \10\ 1,007,000
B. Uranium Mill Tailings Radiation Control Act 120,000
(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 U.S.
Department of Energy 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.
\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.
(e) The fee-relief adjustment allocated to annual fees includes the
budgeted resources for the activities listed in paragraph (e)(1) of
this section, plus the total budgeted resources for the activities
included in paragraphs (e)(2) and (3) of this section, as reduced by
the appropriations the NRC receives for these types of activities. If
the NRC's appropriations for these types of activities are greater than
the budgeted resources for the activities included in paragraphs (e)(2)
and (3) of this section for a given fiscal year, a negative fee-relief
adjustment (or annual fee reduction) will be allocated to annual fees.
The activities comprising the FY 2020 fee-relief adjustment are as
follows:
* * * * *
0
9. In Sec. 171.17, revise paragraphs (a) introductory text and (a)(1)
and (2) to read as follows:
Sec. 171.17 Proration.
* * * * *
(a) Reactors, 10 CFR part 72 licensees who do not hold 10 CFR part
50 or 10 CFR part 52 licenses, and materials licenses with annual fees
of $100,000 or greater for a single fee category. The NRC will base the
proration of annual fees for terminated and downgraded licenses on the
fee rule in effect at the time the action is official. The NRC will
base the determinations on the proration requirements under paragraphs
(a)(2) and (3) of this section.
(1) New licenses. (i) The annual fees for new licenses for power
reactors that are subject to fees under this part, for which the
licensee has notified the NRC on or after October 1 of a fiscal year
(FY) that the licensee has successfully completed power ascension
testing, are prorated on the basis of the number of days remaining in
the FY. Thereafter, the full annual fee is due and payable each
subsequent FY.
(ii) The annual fees for new licenses for non-power reactors, 10
CFR part 72 licensees who do not hold 10 CFR part 50 or 10 CFR part 52
licenses, and
[[Page 37283]]
materials licenses with annual fees of $100,000 or greater for a single
fee category for the current FY, that are subject to fees under this
part and are granted a license to operate on or after October 1 of a
FY, are prorated on the basis of the number of days remaining in the
FY. Thereafter, the full annual fee is due and payable each subsequent
FY.
(2) Terminations. The base operating power reactor annual fee for
operating reactor licensees who have requested amendment to withdraw
operating authority permanently during the FY will be prorated based on
the number of days during the FY the license was in effect before
docketing of the certifications for permanent cessation of operations
and permanent removal of fuel from the reactor vessel or when a final
legally effective order to permanently cease operations has come into
effect. The spent fuel storage/reactor decommissioning annual fee for
reactor licensees who permanently cease operations and have permanently
removed fuel from the site during the FY will be prorated on the basis
of the number of days remaining in the FY after docketing of both the
certifications of permanent cessation of operations and permanent
removal of fuel from the site. The spent fuel storage/reactor
decommissioning annual fee will be prorated for those 10 CFR part 72
licensees who do not hold a10 CFR part 50 or 10 CFR part 52 license who
request termination of the 10 CFR part 72 license and permanently cease
activities authorized by the license during the FY based on the number
of days the license was in effect before receipt of the termination
request. The annual fee for materials licenses with annual fees of
$100,000 or greater for a single fee category for the current FY will
be prorated based on the number of days remaining in the FY when a
termination request or a request for a possession-only license is
received by the NRC, provided the licensee permanently ceased licensed
activities during the specified period.
* * * * *
Dated: June 5, 2020.
For the Nuclear Regulatory Commission.
Cherish K. Johnson,
Chief Financial Officer.
[FR Doc. 2020-13031 Filed 6-18-20; 8:45 am]
BILLING CODE 7590-01-P
