Nuclear Regulatory Commission user fees and annual charges for fiscal year 2021 and each fiscal year thereafter

In the annual budget justification submitted by the Commission to Congress, the Commission shall expressly identify anticipated expenditures necessary for completion of the requested activities of the Commission anticipated to occur during the applicable fiscal year. Budget authority granted to the Commission for purposes of the requested activities of the Commission shall be used, to the maximum extent practicable, solely for conducting requested activities of the Commission. 30 percent for each of fiscal years 2021 and 2022. 30 percent for fiscal year 2025 and each fiscal year thereafter. The Commission shall identify in the annual budget justification international nuclear export and innovation activities described in section 2155b(a) of this title. 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). Any fee relief activity, as identified by the Commission. from the Nuclear Waste Fund established under section 10222(c) of this title; for implementation of section 3116 11 See References in Text note below. of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2601 note; Public Law 108–375); 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. 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. The exclusion described in subparagraph (B)(iii) shall cease to be effective on January 1, 2031. Not later than December 31, 2029, the Commission shall submit to the Committee on Appropriations and the Committee on Environment and Public Works of the Senate and the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives a report describing the views of the Commission on the continued appropriateness and necessity of the funding described in subparagraph (B)(iii). In accordance with section 9701 of title 31, the Commission shall assess and collect fees from any person who receives a service or thing of value from the Commission to cover the costs to the Commission of providing the service or thing of value. The hourly rate charged for fees assessed and collected from an advanced nuclear reactor applicant under this paragraph relating to the review of a submitted application described in section 3(1) may not exceed the hourly rate for mission-direct program salaries and benefits. The hourly rate charged for fees assessed and collected from an advanced nuclear reactor pre-applicant under this paragraph relating to the review of submitted materials as described in the licensing project plan of an advanced nuclear reactor pre-applicant may not exceed the hourly rate for mission-direct program salaries and benefits. Subject to subparagraph (B) and except as provided in subparagraph (D), the Commission may charge to any licensee or certificate holder of the Commission an annual charge in addition to the fees assessed and collected under paragraph (2). The annual charge under subparagraph (A) charged to an operating reactor licensee, to the maximum extent practicable, shall not exceed the annual fee amount per operating reactor licensee established in the final rule of the Commission entitled “Revision of Fee Schedules; Fee Recovery for Fiscal Year 2015” (80 Fed. Reg. 37432 (June 30, 2015)), as may be adjusted annually by the Commission to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor. The Commission may waive, for a period of 1 year, the cap on annual charges described in clause (i) if the Commission submits to the Committee on Appropriations and the Committee on Environment and Public Works of the Senate and the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives a written determination that the cap on annual charges may compromise the safety and security mission of the Commission. The Commission shall establish by rule a schedule of annual charges fairly and equitably allocating the aggregate amount of charges described in subparagraph (A) among licensees and certificate holders. 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. 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 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. Subparagraph (A) shall not apply to the holder of any license for a federally owned research reactor used primarily for educational training and academic research purposes. performance metrics; and milestone schedules. The Executive Director for Operations of the Commission shall inform the Commission of a delay in issuance of the final safety evaluation for a requested activity of the Commission by the completion date required by the performance metrics or milestone schedule under paragraph (1) by not later than 30 days after the completion date. If the final safety evaluation for the requested activity of the Commission described in paragraph (2) is not completed by the date that is 90 days after the completion date required by the performance metrics or milestone schedule under paragraph (1), the Commission shall submit to the appropriate congressional committees a timely report describing the delay, including a detailed explanation accounting for the delay and a plan for timely completion of the final safety evaluation. Not less frequently than once every 3 years, the Commission shall review and assess, based on the licensing and regulatory activities of the Commission, the performance metrics and milestone schedules established under paragraph (1). After each review and assessment under subparagraph (A), the Commission shall revise and improve, as appropriate, the performance metrics and milestone schedules described in that subparagraph to provide the most efficient metrics and schedules reasonably achievable. 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. Not later than September 30, 2021, the Commission shall submit to the Committee on Appropriations and the Committee on Environment and Public Works of the Senate and the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives a report describing the implementation of this section, including any impacts and recommendations for improvement. Except as provided in subsection (c), this section takes effect on October 1, 2020. Paragraphs (1)(B)(vi) and (2)(C) of subsection (b) shall cease to be effective on September 30, 2030. 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.” 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. 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.). 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. 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.). 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). 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)). 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. The term ‘Commission’ means the Nuclear Regulatory Commission. 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. 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. 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. 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). 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). 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. 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). 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). The term ‘regulatory framework’ means the framework for reviewing requests for certifications, permits, approvals, and licenses for nuclear reactors. 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. 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)). The term ‘research and test reactor’ does not include a commercial nuclear reactor. The term ‘Secretary’ means the Secretary of Energy. 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). 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. The term ‘topical report’ means a document submitted to the Commission that addresses a technical topic related to nuclear reactor safety or design.” 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: 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 activities referred to in subparagraph (A)(ii) are the following: Amounts appropriated for a fiscal year to the Commission— Costs for— The schedule of annual charges under clause (i)— In this subparagraph, the term “research reactor” means a nuclear reactor that— if licensed under subclause (I) for operation at a thermal power level of more than 1 megawatt, does not contain— Not later than 180 days after January 14, 2019, the Commission shall develop for the requested activities of the Commission— With respect to invoices for fees described in subsection (b)(2), the Commission shall— 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 [Jan. 14, 2019])), with significant improvements compared to commercial nuclear reactors under construction as of the date of enactment of this Act, including improvements such as— The term ‘conceptual design assessment’ means an early-stage review by the Commission that— The term ‘corporate support costs’ does not include— The term ‘hourly rate for mission-direct program salaries and benefits’ means the quotient obtained by dividing— The term ‘licensing project plan’ means a plan that describes— The term ‘requested activity of the Commission’ means— the processing of applications for— The term ‘research and test reactor’ means a reactor that— (Source: (Pub. L. 115–439, title I, § 102, Jan. 14, 2019, 132 Stat. 5568; Pub. L. 118–67, div. B, title I, § 101(c)(1), title II, §§ 201(b)–(d), 204(a), title V, §§ 503(b), 504, July 9, 2024, 138 Stat. 1450, 1456, 1460, 1476, 1477.))