Nuclear Regulatory Commission user fees and annual charges for fiscal year 2021 and each fiscal year thereafter
Annual budget justification
In general
Restriction
Limitation on corporate support costs
With respect to the annual budget justification submitted to Congress, corporate support costs, to the maximum extent practicable, shall not exceed the following percentages of the total budget authority of the Commission requested in the annual budget justification:
30 percent for each of fiscal years 2021 and 2022.
30 percent for fiscal year 2025 and each fiscal year thereafter.
International nuclear export and innovation activities
Fees and charges
Annual assessment
In general
Each fiscal year, the Commission shall assess and collect fees and charges in accordance with paragraphs (2) and (3) in a manner that ensures that, to the maximum extent practicable, the amount assessed and collected is equal to an amount that approximates—
the total budget authority of the Commission for that fiscal year; less
the budget authority of the Commission for the activities described in subparagraph (B).
Excluded activities described
The activities referred to in subparagraph (A)(ii) are the following:
Any fee relief activity, as identified by the Commission.
Amounts appropriated for a fiscal year to the Commission—
from the Nuclear Waste Fund established under section 10222(c) of this title;
for implementation of section 3116 1
for the homeland security activities of the Commission (other than for the costs of fingerprinting and background checks required under section 2169 of this title and the costs of conducting security inspections);
for the Inspector General services of the Commission provided to the Defense Nuclear Facilities Safety Board;
for research and development at universities in areas relevant to the mission of the Commission; and
for a nuclear science and engineering grant program that will support multiyear projects that do not align with programmatic missions but are critical to maintaining the discipline of nuclear science and engineering.
Costs for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies, including activities required under section 103.1
Costs for international nuclear export and innovation activities described in section 2155b(a) of this title.
The total costs of mission-indirect program support and agency support that, under paragraph (2)(B), may not be included in the hourly rate charged for fees assessed and collected from advanced nuclear reactor applicants.
The total costs of mission-indirect program support and agency support that, under paragraph (2)(C), may not be included in the hourly rate charged for fees assessed and collected from advanced nuclear reactor pre-applicants.
Costs for—
activities to review and approve or disapprove an application for an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or any successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site or critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1722)) site; and
pre-application activities relating to an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or any successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site or critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1722)) site.
Exception
Report
Fees for service or thing of value
In general
Advanced nuclear reactor applicants
Advanced nuclear reactor pre-applicants
Annual charges
In general
Cap on annual charges of certain licensees
Operating reactors
Waiver
Amount per licensee
In general
Requirement
The schedule of annual charges under clause (i)—
to the maximum extent practicable, shall be reasonably related to the cost of providing regulatory services; and
may be based on the allocation of the resources of the Commission among licensees or certificate holders or classes of licensees or certificate holders.
Exemption
Definition of research reactor
In this subparagraph, the term “research reactor” means a nuclear reactor that—
is licensed by the Commission under section 2134(c) of this title for operation at a thermal power level of not more than 10 megawatts; and
if licensed under subclause (I) for operation at a thermal power level of more than 1 megawatt, does not contain—
a circulating loop through the core in which the licensee conducts fuel experiments;
a liquid fuel loading; or
an experimental facility in the core in excess of 16 square inches in cross-section.
Exemption
Performance and reporting
In general
Not later than 180 days after
performance metrics; and
milestone schedules.
Delays in issuance of final safety evaluation
Delays in issuance of final safety evaluation exceeding 90 days
Periodic updates to metrics and schedules
Review and assessment
Revisions
Accurate invoicing
With respect to invoices for fees described in subsection (b)(2), the Commission shall—
ensure appropriate review and approval prior to the issuance of invoices;
develop and implement processes to audit invoices to ensure accuracy, transparency, and fairness; and
modify regulations to ensure fair and appropriate processes to provide licensees and applicants an opportunity to efficiently dispute or otherwise seek review and correction of errors in invoices for those fees.
Report
Effective date
Cessation of effectiveness
Source
(Pub. L. 115–439, title I, § 102,Notes
Editorial Notes
References in Text
Codification
Amendments
Statutory Notes and Related Subsidiaries
Effective Date of 2024 Amendment
Purpose
a program to develop the expertise and regulatory processes necessary to allow innovation and the commercialization of advanced nuclear reactors;
a revised fee recovery structure to ensure the availability of resources to meet industry needs without burdening existing licensees unfairly for inaccurate workload projections or premature existing reactor closures; and
more efficient regulation of uranium recovery.”
Definitions
Advanced nuclear reactor.—
The term ‘advanced nuclear reactor’ means a nuclear fission reactor or fusion machine, including a prototype plant (as defined in sections 50.2 and 52.1 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act [
additional inherent safety features;
significantly lower levelized cost of electricity;
lower waste yields;
greater fuel utilization;
enhanced reliability;
increased proliferation resistance;
increased thermal efficiency; or
ability to integrate into electric and nonelectric applications.
Advanced nuclear reactor applicant.—
The term ‘advanced nuclear reactor applicant’ means an entity that has submitted to the Commission an application for a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
Advanced nuclear reactor fuel.—
The term ‘advanced nuclear reactor fuel’ means fuel for use in an advanced nuclear reactor or a research and test reactor, including fuel with a low uranium enrichment level of not greater than 20 percent.
Advanced nuclear reactor pre-applicant.—
The term ‘advanced nuclear reactor pre-applicant’ means an entity that has submitted to the Commission a licensing project plan for the purposes of submitting a future application for a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
Agency support.—
The term ‘agency support’ has the meaning given the term ‘agency support (corporate support and the IG)’ in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation).
Agreement state.—
The term ‘Agreement State’ means any State with which the Commission has entered into an effective agreement under section 274 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)).
Appropriate congressional committees.—
The term ‘appropriate congressional committees’ means the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives.
Commission.—
The term ‘Commission’ means the Nuclear Regulatory Commission.
Conceptual design assessment.—
The term ‘conceptual design assessment’ means an early-stage review by the Commission that—
assesses preliminary design information for consistency with applicable regulatory requirements of the Commission;
is performed on a set of topic areas agreed to in the licensing project plan; and
is performed at a cost and schedule agreed to in the licensing project plan.
Corporate support costs.—
In general.—
The term ‘corporate support costs’ means expenditures for acquisitions, administrative services, financial management, human resource management, information management, information technology, policy support, outreach, and training, as those categories are described and calculated in Appendix A of the Congressional Budget Justification for Fiscal Year 2018 of the Commission.
Exclusions.—
The term ‘corporate support costs’ does not include—
costs for rent and utilities relating to any and all space in the Three White Flint North building that is not occupied by the Commission; or
costs for salaries, travel, and other support for the Office of the Commission.
Fusion machine.—
The term ‘fusion machine’ has the meaning given the term in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
Hourly rate for mission-direct program salaries and benefits.—
The term ‘hourly rate for mission-direct program salaries and benefits’ means the quotient obtained by dividing—
the full-time equivalent rate (within the meaning of the document of the Commission entitled ‘FY 2023 Final Fee Rule Work Papers’ (or a successor document)) for mission-direct program salaries and benefits for a fiscal year; by
the productive hours assumption for that fiscal year, determined in accordance with the formula established in the document referred to in subparagraph (A) (or a successor document).
Licensing project plan.—
The term ‘licensing project plan’ means a plan that describes—
the interactions between an applicant and the Commission; and
project schedules and deliverables in specific detail to support long-range resource planning undertaken by the Commission and an applicant.
Mission-direct program salaries and benefits.—
The term ‘mission-direct program salaries and benefits’ means the resources of the Commission that are allocated to the Nuclear Reactor Safety Program (as determined by the Commission) to perform core work activities committed to fulfilling the mission of the Commission, as described in the document of the Commission entitled ‘FY 2023 Final Fee Rule Work Papers’ (or a successor document).
Mission-indirect program support.—
The term ‘mission-indirect program support’ has the meaning given the term in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation).
Regulatory framework.—
The term ‘regulatory framework’ means the framework for reviewing requests for certifications, permits, approvals, and licenses for nuclear reactors.
Requested activity of the commission.—
The term ‘requested activity of the Commission’ means—
the processing of applications for—
design certifications or approvals;
licenses;
permits;
license amendments;
license renewals;
certificates of compliance; and
power uprates; and
any other activity requested by a licensee or applicant.
Research and test reactor.—
In general.—
The term ‘research and test reactor’ means a reactor that—
falls within the licensing and related regulatory authority of the Commission under section 202 of the Energy Reorganization Act of 1974 (42 U.S.C. 5842); and
is useful in the conduct of research and development activities as licensed under section 104 c. of the Atomic Energy Act [of 1954] (42 U.S.C. 2134(c)).
Exclusion.—
The term ‘research and test reactor’ does not include a commercial nuclear reactor.
Secretary.—
The term ‘Secretary’ means the Secretary of Energy.
Standard design approval.—
The term ‘standard design approval’ means the approval of a final standard design or a major portion of a final design standard as described in subpart E of part 52 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act).
Technology-inclusive regulatory framework.—
The term ‘technology-inclusive regulatory framework’ means a regulatory framework developed using methods of evaluation that are flexible and practicable for application to a variety of reactor technologies, including, where appropriate, the use of risk-informed and performance-based techniques and other tools and methods.
Topical report.—
The term ‘topical report’ means a document submitted to the Commission that addresses a technical topic related to nuclear reactor safety or design.”