Rule2026-12067
Fee Schedules; Fee Recovery for Fiscal Year 2026
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 16, 2026
Effective
August 17, 2026
Issuing agencies
Nuclear Regulatory Commission
Abstract
The U.S. Nuclear Regulatory Commission (NRC) is amending the licensing, inspection, special project, and annual fees charged to its applicants and licensees. These amendments are necessary to comply with the Nuclear Energy Innovation and Modernization Act, which requires the NRC to recover, to the maximum extent practicable, approximately 100 percent of its annual budget, less certain amounts excluded from this fee recovery requirement. In addition, the NRC is making amendments to establish fixed caps on service fees to implement section5(a) of Executive Order 14300, "Ordering the Reform of the Nuclear Regulatory Commission." The fixed fee caps will provide cost predictability and drive increased efficiency and accountability in the NRC's licensing and other activities requested by applicants and licensees.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 115 (Tuesday, June 16, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 115 (Tuesday, June 16, 2026)]
[Rules and Regulations]
[Pages 36470-36509]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-12067]
[[Page 36469]]
Vol. 91
Tuesday,
No. 115
June 16, 2026
Part IV
Nuclear Regulatory Commission
-----------------------------------------------------------------------
10 CFR Parts 15, 170, and 171
Fee Schedules; Fee Recovery for Fiscal Year 2026; Final Rule
Federal Register / Vol. 91 , No. 115 / Tuesday, June 16, 2026 / Rules
and Regulations
[[Page 36470]]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 15, 170, and 171
[NRC-2023-0212]
RIN 3150-AL12
Fee Schedules; Fee Recovery for Fiscal Year 2026
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending the
licensing, inspection, special project, and annual fees charged to its
applicants and licensees. These amendments are necessary to comply with
the Nuclear Energy Innovation and Modernization Act, which requires the
NRC to recover, to the maximum extent practicable, approximately 100
percent of its annual budget, less certain amounts excluded from this
fee recovery requirement. In addition, the NRC is making amendments to
establish fixed caps on service fees to implement section5(a) of
Executive Order 14300, ``Ordering the Reform of the Nuclear Regulatory
Commission.'' The fixed fee caps will provide cost predictability and
drive increased efficiency and accountability in the NRC's licensing
and other activities requested by applicants and licensees.
DATES: This final rule is effective on August 17, 2026.
ADDRESSES: Please refer to Docket ID NRC-2023-0212 when contacting the
NRC about the availability of information for this action. You may
obtain publicly available information related to this action by any of
the following methods:
<bullet> Federal rulemaking website: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for Docket ID NRC-2023-0212.
<bullet> NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at <a href="https://www.nrc.gov/reading-rm/adams.html">https://www.nrc.gov/reading-rm/adams.html</a>. To begin the search, select ``Begin ADAMS Public Search.''
For problems with ADAMS, please contact the NRC's Public Document Room
(PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email
to <a href="/cdn-cgi/l/email-protection#772733255925120418020514123719051459101801"><span class="__cf_email__" data-cfemail="bfeffbed91eddaccd0cacddcdaffd1cddc91d8d0c9">[email protected]</span></a>. For the convenience of the reader, the ADAMS
accession numbers are provided in the ``Availability of Documents''
section of this document.
<bullet> NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
<a href="/cdn-cgi/l/email-protection#ebbbafb9c5b98e98849e99888eab859988c58c849d"><span class="__cf_email__" data-cfemail="99c9ddcbb7cbfceaf6ecebfafcd9f7ebfab7fef6ef">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
For additional direction on obtaining information, see ``Obtaining
Information and Submitting Comments'' in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: Jo Jacobs, Office of the Chief
Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-8388; email: <a href="/cdn-cgi/l/email-protection#410b2e6f0b20222e2332012f33226f262e37"><span class="__cf_email__" data-cfemail="03496c2d4962606c6170436d71602d646c75">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Discussion
III. Opportunities for Public Participation
IV. Public Comment Analysis
V. Regulatory Flexibility Certification
VI. Regulatory Analysis
VII. Backfitting and Issue Finality
VIII. Plain Writing
IX. National Environmental Policy Act
X. Paperwork Reduction Act
XI. Executive Orders
XII Congressional Review Act
XIII. Voluntary Consensus Standards
XIV. Availability of Guidance
XV. Availability of Documents
I. Background
A. Statutory Authority
The NRC's fee regulations are primarily governed by two laws: (1)
the Independent Offices Appropriation Act, 1952 (IOAA) (31 U.S.C.
9701); and (2) the Nuclear Energy Innovation and Modernization Act
(NEIMA) (42 U.S.C. 2215). The IOAA authorizes and encourages Federal
agencies to recover, to the fullest extent possible, costs attributable
to services provided to identifiable recipients. Under NEIMA, the NRC
must recover, to the maximum extent practicable, approximately 100
percent of its annual budget, less the budget authority for excluded
activities. Under section 102(b)(1)(B) of NEIMA, ``excluded
activities'' include any fee-relief activity as identified by the
Commission, generic homeland security activities, waste incidental to
reprocessing activities, Nuclear Waste Fund activities, Inspector
General (IG) services for the Defense Nuclear Facilities Safety Board,
research and development at universities in areas relevant to the NRC's
mission, a nuclear science and engineering grant program, advanced
reactor regulatory infrastructure activities, international nuclear
export and innovation activities, mission-indirect program support and
agency support costs that may not be included in the reduced hourly
rate charged for fees assessed to advanced nuclear reactor applicants
and pre-applicants (Reduced Hourly Rate), and costs for application
reviews and pre-application activities related to an early site permit
(ESP) to demonstrate an advanced nuclear reactor on a Department of
Energy (DOE) or critical national security infrastructure site. In
fiscal year (FY) 2026, the NRC is expanding the existing fee-relief
activity, ``Medical isotope production infrastructure,'' to include
additional non-power production or utilization facilities program
budgeted resources to ensure the equitability and stability of annual
fees for the non-power production or utilization facilities fee class
since the majority of non-power production or utilization facilities
licensees are exempt from annual fees under part 171 of title 10 of the
Code of Federal Regulations (10 CFR), ``Annual Fees for Reactor
Licenses and Fuel Cycle Licenses and Materials Licenses, Including
Holders of Certificates of Compliance, Registrations, and Quality
Assurance Program Approvals and Government Agencies Licensed by the
NRC.'' The remaining fee-relief activities identified by the Commission
are consistent with prior fee rules (see table I, ``Excluded
Activities,'' of this document for the list of all excluded
activities).
Under NEIMA, the NRC must use its IOAA authority first to collect
service fees for NRC work that provides specific benefits to
identifiable recipients (such as licensing work, inspections, and
special projects). The NRC's regulations in 10 CFR part 170, ``Fees for
Facilities, Materials, Import and Export Licenses, and Other Regulatory
Services Under the Atomic Energy Act of 1954, as Amended,'' explain how
the agency collects service fees from specific beneficiaries. Because
the NRC's fee recovery under the IOAA (10 CFR part 170) will not equal
100 percent of the agency's total budget authority for this FY (less
the budget authority for excluded activities), the NRC also assesses
``annual fees'' under 10 CFR part 171 to recover the remaining amount
necessary to comply with NEIMA.
Additionally, on July 9, 2024, the Accelerating Deployment of
Versatile, Advanced Nuclear for Clean Energy Act of 2024 (ADVANCE Act)
was signed into law, and, among other things, it amended fee-related
provisions in NEIMA. Specifically, the ADVANCE Act includes three fee-
related provisions
[[Page 36471]]
and provides an effective date of October 1, 2025 (FY 2026), for each
of these provisions: (1) section 101, ``International Nuclear Export
and Innovation Activities,'' establishes a new excluded activity for
``[c]osts for international nuclear export and innovation activities
described in section 101(a)'' of the ADVANCE Act; (2) section 201,
``Fees for Advanced Nuclear Reactor Application Review,'' requires a
Reduced Hourly Rate for advanced nuclear reactor applicants and pre-
applicants for certain activities and creates new excluded activities
associated with the Reduced Hourly Rate; and (3) section 204,
``Enabling Preparations for the Demonstration of Advanced Nuclear
Reactors on Department of Energy Sites or Critical National Security
Infrastructure Sites,'' establishes two more excluded activities for
costs for application reviews and pre-application activities for an ESP
to demonstrate an advanced nuclear reactor on a DOE or ``critical
national security infrastructure'' site.
The NRC implemented section 201 of the ADVANCE Act in the FY 2025
final fee rule (90 FR 26730; June 24, 2025) to provide greater
regulatory certainty to external stakeholders and avoid burdens
associated with having to delay billing for activities eligible for the
Reduced Hourly Rate. As described in Section II, Discussion, ``FY 2026
Fee Collection--Professional Hourly Rate and Reduced Hourly Rate,'' of
this document, in the FY 2025 final fee rule, the NRC amended Sec.
170.20, ``Average cost per professional staff-hour,'' to establish two
hourly rates: (1) the professional hourly rate; and (2) the Reduced
Hourly Rate for advanced nuclear reactor applicants and pre-applicants.
The amendments to Sec. 170.20 in the FY 2025 final fee rule included
language indicating that the Reduced Hourly Rate did not take effect
until October 1, 2025, consistent with the statutory effective date in
section 201 of the ADVANCE Act, and the professional hourly rate
applied prior to October 1, 2025. This final rule includes revisions to
Sec. 170.20 to reflect the continued implementation of the Reduced
Hourly Rate and to ensure that the changes to the Reduced Hourly Rate
coincide with the effective date of the final fee rule for the FY.
In addition, this final rule includes changes to implement
sections101 and 204 of the ADVANCE Act, as reflected in table I,
``Excluded Activities.'' This final rule also includes revisions to
footnote 12 in Sec. 170.31, ``Schedule of fees for materials licenses
and other regulatory services, including inspections, and import and
export licenses,'' and footnote 8 in Sec. 171.16, ``Annual fees:
Materials licensees, holders of certificates of compliance, holders of
sealed source and device registrations, holders of quality assurance
program approvals, and government agencies licensed by the NRC,'' to
reflect section 101 of the ADVANCE Act.
B. Executive Order 14300: ``Ordering the Reform of the Nuclear
Regulatory Commission''
On May 23, 2025, President Donald J. Trump signed Executive Order
(E.O.) 14300, ``Ordering the Reform of the Nuclear Regulatory
Commission'' (90 FR 22587; May 29, 2025). Section 5, ``Reforming and
Modernizing the NRC's Regulations,'' requires the NRC to undertake a
review and wholesale revision of its regulations and guidance documents
as guided by the policies set forth in section 2 of the E.O. This
rulemaking addresses section 5(a), which states a policy for the NRC to
establish ``fixed deadlines'' for final decisions for requested
activities of the Commission ``as directed under the Nuclear Energy
Innovation and Modernization Act,'' as well as fixed caps on service
fees to enforce those deadlines. This final rule includes revisions to
the NRC's fee regulations for FY 2026 to implement the E.O. 14300's
policies. This final rule includes revisions to 10 CFR part 15, ``Debt
Collection Procedures,'' and 10 CFR part 170 to establish fixed caps on
service fees for requested activities of the Commission that involve
the issuance of a final safety evaluation, consistent with NEIMA and
E.O. 14300. The NRC will address the E.O. 14300 policy to establish
fixed deadlines for final decisions (including the 12- and 18-month
periods cited in section 5(a) of E.O. 14300) in a future rulemaking.
The revisions to implement E.O. 14300, as well as related changes to
the rule upon consideration of public comments, are further described
in Section II, ``FY 2026--Policy Change,'' and in Section IV.
II. Discussion
FY 2026 Fee Collection--Overview
The NRC is issuing this FY 2026 final fee rule based on its enacted
budget in the Commerce, Justice, Science; Energy and Water Development;
and Interior and Environment Appropriations Act, 2026, Public Law 119-
74, which was signed into law on January 23, 2026. The final fee rule
reflects a total budget authority in the amount of $971.5 million,
which is an increase of $27.4 million from FY 2025. The increase is
primarily to support advanced reactor pre-application and licensing
activities and specialized construction costs associated with the Three
White Flint North relocation project.
As explained previously, certain portions of the NRC's total budget
authority are excluded from the fee recovery requirement under section
102(b)(1)(B) of NEIMA. Based on the FY 2026 enacted budget, these
exclusions total $152.6 million, which is an increase of $15.5 million
from FY 2025. These excluded activities consist of $76.4 million for
fee-relief activities, $20.6 million for ADVANCE Act section 101
international nuclear export and innovation activities, $19.4 million
for ADVANCE Act section 201 mission-indirect program support and agency
support associated with the Reduced Hourly Rate, $19.2 million for
advanced reactor regulatory infrastructure activities, $14.4 million
for generic homeland security activities, $1.6 million for IG services
for the Defense Nuclear Facilities Safety Board, and $1.0 million for
waste incidental to reprocessing activities. Table I summarizes the
excluded activities for the FY 2026 final fee rule. The FY 2025 amounts
are provided for comparison purposes.
Table I--Excluded Activities
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 final FY 2026 final
rule rule
------------------------------------------------------------------------
Fee-Relief Activities:
International activities............ $31.4 $1.7
Agreement State oversight........... 12.7 10.7
Non-power production or utilization 1.3 7.5
facilities program (including
medical isotope production
infrastructure)....................
Fee exemption for nonprofit 18.2 13.7
educational institutions...........
[[Page 36472]]
Costs not recovered from small 10.1 10.4
entities under 10 CFR 171.16(c)....
Regulatory support to Agreement 9.6 14.2
States.............................
Generic decommissioning/reclamation 6.2 10.4
activities (not related to the
operating power reactors and spent
fuel storage fee classes)..........
Uranium recovery program and 4.3 6.9
unregistered general licensees.....
Potential Department of War 0.8 0.8
remediation program Memorandum of
Understanding activities...........
Non-military radium sites........... 0.2 0.2
Minority Serving Institutions Grant 2.0 0.0
Program............................
-------------------------------
Subtotal Fee-Relief Activities.. 96.8 76.4
Activities under section 16.5 17.0
102(b)(1)(B)(ii) of NEIMA (generic
homeland security activities, waste
incidental to reprocessing activities,
and the Defense Nuclear Facilities
Safety Board)..........................
Activities under section 23.8 19.2
102(b)(1)(B)(iii) of NEIMA (advanced
reactor regulatory infrastructure
activities)............................
Activities under section N/A 40.0
102(b)(1)(B)(iv)-(vii) of NEIMA, as
amended by the ADVANCE Act (ADVANCE Act
Section 101 international nuclear
export and innovation activities,
Section 201 mission-indirect program
support and agency support associated
with the Reduced Hourly Rate, and
Section 204 activities related to
advanced nuclear reactors on DOE or
critical national security
infrastructure sites)..................
-------------------------------
Total Excluded Activities........... 137.1 152.6
------------------------------------------------------------------------
After accounting for the exclusions from the fee recovery
requirement and net 10 CFR part 171 billing adjustments (i.e., for FY
2026 invoices that the NRC estimates will not be paid during the FY,
less payments received in FY 2026 for prior year invoices), the NRC
must recover approximately $818.8 million in fees in FY 2026. Of this
amount, the NRC estimates that $188.2 million will be recovered through
10 CFR part 170 service fees, and approximately $630.6 million will be
recovered through 10 CFR part 171 annual fees. Table II of this
document summarizes the fee recovery amounts for the FY 2026 final fee
rule using the FY 2026 enacted budget and takes into account the budget
authority for excluded activities and net 10 CFR part 171 billing
adjustments. For all information presented in the following tables in
this final rule, individual values may not sum to totals due to
rounding. Please see the work papers, available as indicated in the
``Availability of Documents'' section of this document, for actual
amounts. The FY 2025 amounts are provided for comparison purposes.
Table II--Budget and Fee Recovery Amounts
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 final FY 2026 final
rule rule
------------------------------------------------------------------------
Total Budget Authority.................. $944.1 $971.5
Less Budget Authority for Excluded -137.1 -152.6
Activities.............................
-------------------------------
Balance............................. 807.0 818.9
Fee Recovery Percent.................... 100.0 100.0
Total Amount to be Recovered............ 807.0 818.9
Less Estimated Amount to be -205.4 -188.2
Recovered through 10 CFR part 170
Fees...............................
-------------------------------
Estimated Amount to be Recovered 601.6 630.7
through 10 CFR part 171 Fees...
10 CFR part 171 Billing Adjustments
Unpaid Current Year Invoices 5.5 4.5
(estimated)........................
Less Payments Received in -3.7 -4.6
Current Year for Previous Year
Invoices (estimated)...........
Adjusted 10 CFR part 171 Annual 603.4 630.6
Fee Collections Required.......
Adjusted Amount to be Recovered through 808.8 818.8
10 CFR parts 170 and 171 Fees..........
------------------------------------------------------------------------
FY 2026 Fee Collection--Professional Hourly Rate and Reduced Hourly
Rate
This section discusses the methodology for calculating the NRC's
professional hourly rate and the methodology for calculating the
Reduced Hourly Rate.
The NRC uses a professional hourly rate to assess fees under 10 CFR
part 170 for specific services it provides. The professional hourly
rate also helps determine flat fees (which are used for the review of
certain types of materials license applications). The full costs of
fees under Sec. Sec. 170.21, ``Schedule of fees for production and
utilization facilities, review of standard referenced design approvals,
special projects, inspections and import and export licenses,'' and
170.31 will be determined based on either the professional hourly rate
or the Reduced Hourly Rate, which went into effect on October 1, 2025
(FY 2026). The FY 2026 professional hourly rate and the FY 2026 Reduced
Hourly Rate will go into effect the first full pay period after the
effective date of the FY 2026 final fee rule.
The NRC's professional hourly rate is derived by adding budgeted
resources for: (1) mission-direct program salaries and benefits; (2)
mission-indirect program support; and (3) agency
[[Page 36473]]
support (corporate support and the IG).\1\ The NRC then subtracts
certain offsetting receipts and divides this total by the mission-
direct full-time equivalent (FTE) converted to hours (the mission-
direct FTE converted to hours is the product of the mission-direct FTE
multiplied by the estimated annual mission-direct FTE productive
hours). Consistent with the Office of Management and Budget (OMB)
Circular A-25, ``User Charges,'' the professional hourly rate
encompasses the ``full cost'' of NRC review and thus includes the NRC's
budgeted resources for mission-direct program salaries and benefits,
mission-indirect contract resources along with salaries and benefits,
plus the agency support program contract resources along with salaries
and benefits. The only budgeted resources excluded from the
professional hourly rate are those for mission-direct contract
resources, which are generally billed to licensees and applicants
separately. The following shows the professional hourly rate
calculation:
---------------------------------------------------------------------------
\1\ Please see the work papers for more detailed information on
all the components of the professional hourly rate calculation.
[GRAPHIC] [TIFF OMITTED] TR16JN26.008
For FY 2026, the NRC is increasing the professional hourly rate
from $318 to $337. The approximately 5.9 percent increase in the
professional hourly rate is primarily due to the decrease in mission-
direct FTE compared to FY 2025. The professional hourly rate is
inversely related to the mission-direct FTE amount; therefore, as the
number of mission-direct FTE decreases, the professional hourly rate
may increase. Based on the FY 2026 enacted budget, the number of
mission-direct FTE is expected to decrease by approximately 121,
primarily due to the Deferred Resignation Program (DRP) and other
voluntary resignations. In addition, there was a decrease in mission-
direct FTE because section 101 of the ADVANCE Act created a new
excluded activity for international nuclear export and innovation
activities, causing the FTE for these activities to be removed from the
professional hourly rate calculation.
Additionally, the professional hourly rate is increasing due to a
reduction in the estimate for annual mission-direct FTE productive
hours from 1,507 to 1,481, or 1.7 percent, compared to FY 2025. The
professional hourly rate is also inversely related to the annual
mission-direct FTE productive hours amount; therefore, as the annual
mission-direct FTE productive hours amount decreases, the professional
hourly rate may increase. The estimate for annual mission-direct FTE
productive hours reflects the average number of hours that a mission-
direct employee spends on mission-direct work annually. This estimate,
therefore, excludes hours charged to annual leave, sick leave,
holidays, training, and general administrative tasks.
---------------------------------------------------------------------------
\2\ The fees collected by the NRC for Freedom of Information Act
(FOIA) services and indemnity fees (financial protection required of
all licensees for public liability claims at 10 CFR part 140) are
subtracted from the budgeted resources amount when calculating the
10 CFR part 170 professional hourly rate, per the guidance in OMB
Circular A-25, ``User Charges.'' The budgeted resources for FOIA
activities are allocated under the product for Information Services
within the Corporate Support Business Line. The budgeted resources
for indemnity activities are allocated under the Licensing Actions
and Research and Test Reactors products within the Operating
Reactors Business Line.
---------------------------------------------------------------------------
The decrease in the estimate for annual mission-direct FTE
productive hours, compared to FY 2025, is attributable mainly to an
increase in direct staff hours for annual leave and training
attendance, which are excluded from the estimate for annual mission-
direct FTE productive hours computation. The estimate for annual
mission-direct FTE productive hours is developed during budget
formulation and is currently based on a rolling average of actual hours
to account for any fluctuations in any given year. The reduction in
productive hours seen here is, in part, the result of abnormally high
productivity rates (e.g., less use of annual leave) seen during the
COVID-19 public health emergency being phased out of the rolling
average. Table III of this document shows the professional hourly rate
calculation methodology. The FY 2025 amounts are provided for
comparison purposes.
The decrease in mission-direct FTE and in the annual mission-direct
FTE productive hours amount is partially offset by a reduction in the
budgeted resources of approximately $26.9 million, or 3.3 percent,
compared to FY 2025.
Table III--Professional Hourly Rate Calculation
[Dollars in millions, except as noted]
------------------------------------------------------------------------
FY 2025 final FY 2026 final
rule rule
------------------------------------------------------------------------
Mission-Direct Program Salaries & $380.5 $361.3
Benefits...............................
Mission-Indirect Program Support........ $121.5 $115.3
Agency Support (Corporate Support and $313.8 $312.3
the IG)................................
-------------------------------
Subtotal............................ $815.8 $788.9
Less Offsetting Receipts \2\............ $0.0 $0.0
-------------------------------
Total Budgeted Resources Included in $815.8 $788.9
the Professional Hourly Rate.......
Mission-Direct FTE...................... 1,703.3 1,582.1
Annual Mission-Direct FTE Productive 1,507 1,481
Hours (Whole numbers)..................
Mission-Direct FTE Converted to Hours 2,566,873 2,343,090
(Mission-Direct FTE multiplied by
Annual Mission-Direct FTE Productive
Hours).................................
[[Page 36474]]
Professional Hourly Rate (Total Budgeted $318 $337
Resources Included in the Professional
Hourly Rate Divided by Mission-Direct
FTE Converted to Hours) (Whole numbers)
------------------------------------------------------------------------
The FY 2025 final fee rule included revisions to 10 CFR part 170 to
implement section 201 of the ADVANCE Act, which went into effect on
October 1, 2025 (FY 2026). In short, the NRC has two hourly rates: (1)
the professional hourly rate, as described above in this section; and
(2) the Reduced Hourly Rate for advanced nuclear reactor applicants and
pre-applicants, as described below in this section.
Section 201 of the ADVANCE Act amended NEIMA to specify that the
Reduced Hourly Rate is the FTE rate for mission-direct program salaries
and benefits for the Nuclear Reactor Safety Program, divided by the
productive hours assumption, for that FY. The methodology for
calculating the Reduced Hourly Rate is similar to that of the
professional hourly rate, discussed above in this section, but with
certain budgeted resources not included. Under section 201 of the
ADVANCE Act, the Reduced Hourly Rate does not include mission-direct
program salaries and benefits for the Nuclear Materials and Waste
Safety Program, mission-indirect program support for the Nuclear
Reactor Safety Program and the Nuclear Materials and Waste Safety
Program, and agency support.
The NRC calculates the Reduced Hourly Rate by taking the budgeted
resources for the mission-direct program salaries and benefits for the
Nuclear Reactor Safety Program, then dividing this total by the
mission-direct FTE for the Nuclear Reactor Safety Program converted to
hours. This methodology follows section 201 of the ADVANCE Act because
the FTE rate for mission-direct program salaries and benefits for the
Nuclear Reactor Safety Program is derived by dividing the budgeted
resources for the mission-direct program salaries and benefits for the
Nuclear Reactor Safety Program by the mission-direct FTE for the
Nuclear Reactor Safety Program. The mission-direct FTE for the Nuclear
Reactor Safety Program converted to hours is the product of the
mission-direct FTE for the Nuclear Reactor Safety Program multiplied by
the estimated annual mission-direct FTE productive hours. The
productive hours assumption refers to the estimated annual mission-
direct FTE productive hours.
The following shows the Reduced Hourly Rate calculation:
[GRAPHIC] [TIFF OMITTED] TR16JN26.004
Thus, in this FY 2026 final fee rule, the Reduced Hourly Rate is
$154 per hour and represents an over 50 percent reduction from the
professional hourly rate of $337 per hour. The NRC is increasing the
Reduced Hourly Rate from $148 to $154, or approximately 4.0 percent,
primarily due to the decrease in mission-direct FTE for the Nuclear
Reactor Safety Program compared to FY 2025. The Reduced Hourly Rate is
inversely related to the number of mission-direct FTE for the Nuclear
Reactor Safety Program; therefore, as the number of mission-direct FTE
for the Nuclear Reactor Safety Program decreases, the Reduced Hourly
Rate may increase. Based on the FY 2026 enacted budget, the number of
mission-direct FTE for the Nuclear Reactor Safety Program is expected
to decrease by approximately 96, primarily due to the DRP and other
voluntary resignations.
Additionally, the Reduced Hourly Rate is increasing due to a
reduction in the estimate for annual mission-direct FTE productive
hours from 1,507 to 1,481, or 1.7 percent, compared to FY 2025. Similar
to the professional hourly rate, the Reduced Hourly Rate is also
inversely related to the annual mission-direct FTE productive hours
amount; therefore, as the annual mission-direct FTE productive hours
amount decreases, the Reduced Hourly Rate may increase. The estimate
for annual mission-direct FTE productive hours used for the Reduced
Hourly Rate is the same as the estimate for annual mission-direct FTE
productive hours used for the professional hourly rate, as described
above in this section.
The decrease in mission-direct FTE for the Nuclear Reactor Safety
Program and in the annual mission-direct FTE productive hours amount is
partially offset by a reduction in the mission-direct budgeted
resources for the Nuclear Reactor Safety Program of approximately $14.7
million, or 4.9 percent, compared to FY 2025, primarily due to the DRP
and other voluntary resignations.
Table IV--Reduced Hourly Rate Calculation
------------------------------------------------------------------------
FY 2025 final FY 2026 final
rule rule
------------------------------------------------------------------------
Mission-Direct Budgeted Resources for $297.5 $282.8
the Nuclear Reactor Safety Program
(Dollars in millions)..................
Mission-Direct FTE for the Nuclear 1,332.9 1,236.6
Reactor Safety Program.................
Annual Mission-Direct FTE Productive 1,507 1,481
Hours (Whole numbers)..................
[[Page 36475]]
Mission-Direct FTE for the Nuclear 2,008,680 1,831,405
Reactor Safety Program Converted to
Hours (Mission-Direct FTE for the
Nuclear Reactor Safety Program
multiplied by Annual Mission-Direct FTE
Productive Hours) (Whole numbers)......
Reduced Hourly Rate (Mission-Direct $148 $154
Budgeted Resources for the Nuclear
Reactor Safety Program divided by
Mission-Direct FTE for the Nuclear
Reactor Safety Program Converted to
Hours) (Whole numbers).................
------------------------------------------------------------------------
Both the professional hourly rate and the Reduced Hourly Rate
provided in this final rule are based on the FY 2026 enacted budget.
FY 2026 Fee Collection--Flat Application Fee Changes
The NRC is amending the flat application fees it charges in its
schedule of fees in Sec. 170.31 to reflect the professional hourly
rate of $337. The NRC charges these fees to applicants for materials
licenses and other regulatory services, as well as to holders of
materials licenses. The NRC calculates flat fees by multiplying the
average professional staff hours needed to process the licensing
actions by the FY 2026 professional hourly rate. Biennially, the NRC
analyzes the actual hours spent performing licensing actions and
estimates the five-year average of professional staff hours that are
needed to process licensing actions. The biennial review is required by
section 205(a) of the Chief Financial Officers Act of 1990 (31 U.S.C.
902(a)(8)). The NRC performed this review for the FY 2025 proposed fee
rule and will perform this review again for the FY 2027 proposed fee
rule. The higher professional hourly rate of $337 is the primary reason
for the increase in flat application fees (see the work papers).
In order to simplify billing, the NRC rounds these flat fees to a
minimal degree. Specifically, the NRC rounds these flat fees (up or
down) in such a way that ensures both convenience for its stakeholders
and minimal effects due to rounding. Accordingly, fees under $1,000 are
rounded to the nearest $10, fees between $1,000 and $100,000 are
rounded to the nearest $100, and fees greater than $100,000 are rounded
to the nearest $1,000.
The flat fees are applicable for certain materials licensing
actions (see fee categories 1.C. through 1.D., 2.B. through 2.F., 3.A.
through 3.S., 4.B. through 5.A., 6.A. through 9.D., 10.B., 15.A.
through 15.L., 15.R., and 16 of Sec. 170.31). Applications filed on or
after the effective date of the FY 2026 final fee rule will be subject
to the revised fees in the final rule. Because section 101 of the
ADVANCE Act created a new excluded activity for international nuclear
export and innovation activities, which includes the budgeted resources
under the Licensing Export/Import product, fees continue to not be
assessed for import and export licensing actions under 10 CFR parts 170
and 171.
FY 2026 Fee Collection--Low-Level Waste Surcharge
The NRC is assessing a generic low-level waste (LLW) surcharge of
$3.258 million. In comparison to FY 2025, the FY 2026 surcharge is
decreasing primarily due to a decline in budgeted resources in the FY
2026 enacted budget as a result of the DRP and other voluntary
resignations. Disposal of LLW occurs at commercially operated LLW
disposal facilities that are licensed by either the NRC or an Agreement
State. Four existing LLW disposal facilities in the United States
accept various types of LLW. All are regulated by an Agreement State,
rather than the NRC. Because the NRC does not regulate the existing LLW
disposal facilities, the NRC is allocating this surcharge for LLW
budgeted resources to NRC licensees that generate LLW, based on data
available in DOE's Manifest Information Management System. This
database contains information on total LLW volumes disposed of by four
generator classes: academic, industrial, medical, and utility. The
ratio of waste volumes disposed of by these generator classes to total
LLW volumes disposed over a period of time is used to estimate the
portion of this surcharge that will be allocated to the operating power
reactors, fuel facilities, and materials users fee classes. The
materials users fee class portion is adjusted to account for the large
percentage of materials licensees that are licensed by the Agreement
States rather than the NRC.
In March, DOE updated its Manifest Information Management System
with 2026 data. Because of the update, the following changes occurred
compared to the FY 2025 final fee rule: the LLW surcharge for the
operating power reactors fee class decreased from $3.251 million to
$2.978 million; the LLW surcharge for the fuel facilities fee class
decreased from $0.433 million to $0.222 million; and the LLW surcharge
for the materials users fee class decreased from $0.114 million to
$0.059 million.
Table V of this document shows the allocation of the LLW surcharge
and its allocation across the various fee classes.
Table V--Allocation of LLW Surcharge, FY 2026
[Dollars in millions]
------------------------------------------------------------------------
LLW surcharge
Fee classes -------------------------------
Percent $
------------------------------------------------------------------------
Operating Power Reactors................ 91.4 2.978
Spent Fuel Storage/Reactor 0.0 0.000
Decommissioning........................
Non-Power Production or Utilization 0.0 0.000
Facilities.............................
Fuel Facilities......................... 6.8 0.222
Materials Users......................... 1.8 0.059
Transportation.......................... 0.0 0.000
Rare Earth Facilities................... 0.0 0.000
Uranium Recovery........................ 0.0 0.000
-------------------------------
[[Page 36476]]
Total............................... 100.0 3.258
------------------------------------------------------------------------
FY 2026 Fee Collection--Revised Annual Fees
In accordance with SECY-05-0164, ``Annual Fee Calculation Method,''
the NRC rebaselines its annual fees every year. ``Rebaselining''
entails analyzing the budgeted resources in detail and then allocating
the budgeted resources to various classes or subclasses of licensees.
Rebaselining also includes updating the number of NRC licensees in its
fee calculation methodology. As shown in Table II, the NRC calculates
the total amount to be recovered through 10 CFR part 171 annual fees by
first taking the annual budget (less the budget authority for excluded
activities) and subtracting the estimated amount to be recovered
through 10 CFR part 170 fees. The NRC then makes certain 10 CFR part
171 billing adjustments to arrive at the total adjusted amount to be
recovered through 10 CFR part 171 fees.
The NRC is revising its annual fees in Sec. 171.15, ``Annual fees:
Non-power production or utilization licenses, reactor licenses, and
independent spent fuel storage licenses,'' and Sec. 171.16 based on
the FY 2026 enacted budget.
Table VI of this document shows the rebaselined fees for FY 2026
for a sample of licensee categories. The FY 2025 amounts are provided
for comparison purposes.
Table VI--Rebaselined Annual Fees
[Actual dollars]
----------------------------------------------------------------------------------------------------------------
FY 2025 final FY 2026 final
Class/category of licensees annual fee annual fee
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors................................................ $5,319,000 $5,554,000
+ Spent Fuel Storage/Reactor Decommissioning............................ 326,000 325,000
---------------------------------------
Total, Combined Fee................................................. 5,645,000 5,879,000
Spent Fuel Storage/Reactor Decommissioning.............................. 326,000 325,000
Non-Power Production or Utilization Facilities.......................... 96,800 98,200
High Enriched Uranium Fuel Facility (Category 1.A.(1)(a))............... 6,101,000 5,827,000
Low Enriched Uranium Fuel Facility (Category 1.A.(1)(b))................ 2,068,000 1,975,000
Uranium Enrichment (Category 1.E)....................................... 2,659,000 2,539,000
UF6 Conversion and Deconversion Facility (Category 2.A.(1))............. 1,295,000 1,237,000
Basic In Situ Recovery Facilities (Category 2.A.(2)(b))................. 27,700 50,300
Typical Users:
Radiographers (Category 3.O.)....................................... 31,700 34,300
All Other Specific Byproduct Material Licensees (Category 3.P.)..... 15,600 16,700
Medical Other (Category 7.C.)....................................... 21,600 23,300
Device/Product Safety Evaluation--Broad (Category 9.A.)............. 27,200 28,500
----------------------------------------------------------------------------------------------------------------
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 describes the budgeted
resources allocated to each class of licensees and the calculations of
the rebaselined fees. For more information about detailed fee
calculations for each class, please consult the accompanying work
papers for this final rule.
a. Operating Power Reactors
The NRC will collect $527.6 million in annual fees from the
operating power reactors fee class in FY 2026, as shown in table VII of
this document. The FY 2025 operating power reactors fees are shown for
comparison purposes.
Table VII--Annual Fee Summary Calculations for Operating Power Reactors
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 final FY 2026 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $668.9 $682.4
Less estimated 10 CFR part 170 receipts. -174.1 -158.6
-------------------------------
Net 10 CFR part 171 resources....... 494.7 523.8
Allocated generic transportation........ 0.5 0.9
Allocated LLW surcharge................. 3.3 3.0
Billing adjustment...................... 1.5 -0.1
-------------------------------
Total required annual fee recovery.. 500.0 527.6
Total operating reactors............ 94 95
[[Page 36477]]
Annual fee per operating reactor........ 5.319 5.554
------------------------------------------------------------------------
In comparison to FY 2025, the FY 2026 annual fee for the operating
power reactors fee class is increasing primarily due to: (1) an
increase in the budgeted resources in the FY 2026 enacted budget that
are allocated to the operating power reactors fee class; and (2) an
expected decrease in the 10 CFR part 170 estimated billings. The
increase in the total required annual fee recovery amount for the
operating power reactors fee class is offset primarily due to the
transition of the Palisades Nuclear Plant (Palisades) back to the
operating power reactors fee class, increasing the number of reactors
in the operating power reactors fee class by one. Palisades has
transitioned back to the operating power reactors fee class consistent
with Sec. 171.15 because (1) Palisades was previously included in the
operating power reactors fee class; (2) it transitioned back to an
operational licensing basis in late FY 2025; and (3) a notification was
previously provided to the Atomic Energy Commission (the NRC's
predecessor) of the successful completion of power ascension testing
for Palisades.
The increase in budgeted resources for the operating power reactors
fee class is primarily due to the following: (1) an increase in
contract support for specialized, mission-related construction costs
associated with the Three White Flint North relocation project; (2) an
increase in contract support to maintain the agency's security and
privacy tools that support federal mandates and the modernization of
the Reactor Program System; and (3) an increase in contract support in
research in areas including steam generator integrity, water stress
corrosion cracking testing, irradiation-assisted degradation,
cybersecurity research, structural and geotechnical evaluations, and
thermal hydraulic and neutronics computer code development.
The increase in budgeted resources is also mitigated by the
following: (1) a reduction in licensing resources due to efficiencies
gained from the ADVANCE Act and E.O. 14300; (2) the transition of
Palisades back to the operating power reactors fee class; (3) a
reduction in oversight resources due to streamlining inspection
workload that includes vendor inspections and event evaluations; and
(4) a reduction in research in areas including structural codes and
standards, systems analysis research, external hazard research and risk
analysis computer code development, and regulatory guide updates.
The 10 CFR part 170 estimated billings are expected to decrease
primarily due to the following: (1) the staff completed implementation
of the license renewal roadmap and other efficiency efforts, which
significantly decreased the staff hours and contract resources needed
to complete license renewal and subsequent license renewal application
reviews; (2) the completion of NuScale Power LLC US460 small modular
reactor (SMR) standard design approval application review in FY 2025;
and (3) a decrease in 10 CFR part 170 estimated billings due to the
government shutdown.
The annual fee is also affected by the following contributing
factors: (1) a decrease in the 10 CFR part 171 billing adjustment due
to the collection of prior year invoices; (2) a decrease in the LLW
surcharge related to the coordination of the National LLW Program,
including development of guidance; and (3) an increase in the generic
transportation resources allocated to the operating power reactors fee
class to support activities related to two new Certificates of
Compliance (CoCs).
The fee-recoverable budgeted resources are divided equally among
the 95 reactors in the operating power reactors fee class, resulting in
an annual fee of $5,554,000 per operating power reactor. Additionally,
each licensed operating power reactor will be assessed the FY 2026
spent fuel storage/reactor decommissioning annual fee of $325,000 (see
table VIII of this document and the discussion that follows). The
combined FY 2026 annual fee for each operating power reactor will be
$5,879,000.
Section 102(b)(3)(B)(i) of NEIMA established a cap for the annual
fees charged to operating reactor licensees; under this provision, the
annual fee for an operating reactor licensee, to the maximum extent
practicable, shall not exceed the annual fee amount per operating
reactor licensee established in the FY 2015 final fee rule (80 FR
37432; June 30, 2015), adjusted for inflation. The NRC included an
estimate of the operating power reactors fee class annual fee in
appendix B, ``Estimated Operating Power Reactors Annual Fee Per
Licensee,'' of the NRC's FY 2026 Congressional Budget Justification
(CBJ) (NUREG-1100, Volume 41) to increase transparency for
stakeholders. The NRC developed this estimate based on the staff's
allocation of the FY 2026 budget request to fee classes under 10 CFR
part 170, and allocations within the operating power reactors fee class
under 10 CFR part 171. The fee estimate included in the FY 2026 CBJ
assumed 95 operating power reactors in FY 2026 and applied various data
assumptions from the FY 2024 final fee rule. Based on these allocations
and assumptions, the annual fee for the operating power reactors fee
class included in the FY 2026 CBJ was estimated to be $5.540 million.
The assumptions made between budget formulation and the development
of this final rule have changed such that the annual fee for the
operating power reactors fee class is $5.554 million, compared to the
estimated $5.540 million in appendix B of the FY 2026 CBJ. These
changes are primarily due to the decrease in the 10 CFR part 170
estimated billings for the FY 2026 final fee rule compared to the
estimates for 10 CFR part 170 billings at the time of the FY 2026
budget request. The annual fee for the operating power reactors fee
class in this final rule is $0.983 million below the FY 2015 operating
power reactors annual fee amount adjusted for inflation of $6.537
million. The FY 2015 operating power reactors annual fee amount
adjusted for inflation of $6.537 million included in this final rule
differs from the amount included in appendix B of the FY 2026 CBJ of
$6.681 million due to the CBJ using an average for inflation for
multiple years to project the Consumer Price Index. The fee rule
utilizes the Consumer Price Index for the most recent completed
calendar year to build off the prior year annual fee amount adjusted
for inflation.
In FY 2016, the NRC amended Sec. 171.15 to establish a variable
annual fee structure for light-water reactor (LWR) SMRs (81 FR 32617;
May 24, 2016). In FY 2023, the NRC further
[[Page 36478]]
amended Sec. 171.5, ``Definitions,'' to: (1) expand the applicability
of the SMR variable fee structure to include non-LWR SMRs; and (2)
establish an additional minimum fee and variable rate applicable to
SMRs with a licensed thermal power rating of less than or equal to 250
megawatts-thermal (MWt) (88 FR 39120; June 15, 2023). This revision to
the SMR variable annual fee structure retained the bundled unit concept
for SMRs and the approach for calculating fees for reactors, or bundled
units, with licensed thermal power ratings greater than 250 MWt.
Currently, there are no operating SMRs; therefore, the NRC will not
assess an annual fee in FY 2026 for this type of licensee.
b. Spent Fuel Storage/Reactor Decommissioning
The NRC will collect $40.3 million in annual fees from power
reactor licensees, and from 10 CFR part 72 licensees that do not hold a
10 CFR part 50 or part 53 operating license or a 10 CFR part 52 or part
53 combined license, to recover the budgeted resources for the spent
fuel storage/reactor decommissioning fee class in FY 2026, as shown in
table VIII of this document. The FY 2025 spent fuel storage/reactor
decommissioning fees are shown for comparison purposes.
Table VIII--Annual Fee Summary Calculations for Spent Fuel Storage/
Reactor Decommissioning
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 final FY 2026 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $50.7 $49.0
Less estimated 10 CFR part 170 receipts. -12.3 -10.8
-------------------------------
Net 10 CFR part 171 resources....... 38.4 38.2
Allocated generic transportation........ 1.9 2.0
Billing adjustments..................... 0.1 0.0
-------------------------------
Total required annual fee recovery.. 40.4 40.3
Total spent fuel storage facilities. 124 124
Annual fee per facility................. 0.326 0.325
------------------------------------------------------------------------
In comparison to FY 2025, the FY 2026 annual fee for the spent fuel
storage/reactor decommissioning fee class is decreasing primarily due
to a decrease in budgeted resources in the FY 2026 enacted budget that
are allocated to the spent fuel storage/reactor decommissioning fee
class.
The decrease in budgeted resources is primarily due to the
following: (1) the potential restart of the Christopher M. Crane Clean
Energy Center (CCEC) and Duane Arnold Energy Center (DAEC), which, if
approved, would result in these reactors transitioning back to the
operating power reactors fee class; (2) the completion of major
decommissioning taskings at the Vallecitos Nuclear Center and Fort
Calhoun Station; and (3) a reduction in staffing due to the DRP and
other voluntary resignations.
The decrease in budgeted resources is partially offset by an
expected decrease in the 10 CFR part 170 estimated billings, which in
turn is primarily due to the following: (1) the transition of Palisades
back to the operating power reactors fee class; (2) the potential
restart of CCEC and DAEC; (3) the completion of major decommissioning
taskings at Vallecitos and Fort Calhoun; and (4) a decrease in 10 CFR
part 170 estimated billings due to the government shutdown.
The total required annual fee recovery amount is divided equally
among 124 facilities, resulting in a FY 2026 annual fee of $325,000 per
facility.
c. Fuel Facilities
The NRC will collect $23.0 million in annual fees from the fuel
facilities fee class in FY 2026, as shown in table IX of this document.
The FY 2025 fuel facilities fees are shown for comparison purposes.
Table IX--Annual Fee Summary Calculations for Fuel Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 final FY 2026 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $31.5 $30.3
Less estimated 10 CFR part 170 receipts. -10.0 -10.0
-------------------------------
Net 10 CFR part 171 resources....... 21.5 20.3
Allocated generic transportation........ 2.0 2.5
Allocated LLW surcharge................. 0.4 0.2
Billing adjustments..................... 0.1 0.0
-------------------------------
Total required annual fee recovery.. $24.1 $23.0
------------------------------------------------------------------------
In comparison to FY 2025, the FY 2026 total required annual fee
recovery amount for the fuel facilities fee class is decreasing
primarily due to a decrease in the budgeted resources in the FY 2026
enacted budget that are allocated to the fuel facilities fee class.
This decrease in budgeted resources is partially offset by an increase
in the allocated generic transportation resources. As a result, there
is a decrease in the total required annual fee recovery amount for the
fuel facilities fee class compared to FY 2025.
The budgeted resources allocated to the fuel facilities fee class
decreased primarily due to the following: (1) a reduction in resources
for
[[Page 36479]]
environmental reviews for routine license amendment requests and
renewal applications, complex license amendment requests associated
with major modifications of existing fuel cycle facilities, and new
fuel cycle facility license applications to reflect historical
execution data and expected high confidence submittals; and (2) a
reduction in staffing due to the DRP and other voluntary resignations.
These decreases are partially offset by increased resources due to: (1)
the maintenance and operation of the Nuclear Material Management and
Safeguards System, a national database for special nuclear material
reporting to fulfill domestic requirements and international
agreements; and (2) the Orano Enrichment USA LLC Project IKE Enrichment
Facility license application.
Compared to FY 2025, the 10 CFR part 170 estimated billings are
remaining stable because while there are increases in 10 CFR part 170
estimated billings in FY 2026, these increases were offset by decreases
in 10 CFR part 170 estimated billings. In FY 2026, there are increases
in 10 CFR part 170 estimated billings due to the following: (1) the
review of several licensing actions; (2) the review of the Global Laser
Enrichment, LLC, Paducah Laser Enrichment Facility application; (3)
significant pre-application engagement activities for potential new
fuel facilities; and (4) oversight for the production of high assay low
enriched uranium at the American Centrifuge Plant. These increases in
10 CFR part 170 estimated billings are offset by the following: (1) the
completion of the review of the National Institute of Standards and
Technology's (NIST's) license renewal application for possession and
use of special nuclear material; (2) the completion of the review of
the Purdue University license renewal application for possession and
use of special nuclear material; (3) the completion of the review of
the Urenco USA license amendment request to increase its enrichment
limit to less than 10 weight percent uranium-235; (4) the
implementation of process improvements to decrease the schedule/
resources for licensing reviews; and (5) a decrease in 10 CFR part 170
estimated billings due to the government shutdown. Overall, this
resulted in the FY 2026 estimated 10 CFR part 170 billings for the fuel
facilities fee class remaining the same as FY 2025.
The NRC continues to allocate annual fees to individual fuel
facility licensees based on the effort/fee determination matrix
developed in the FY 1999 final fee rule (64 FR 31448; June 10, 1999).
In short, the matrix groups licensees within this fee class into
various fee categories. The matrix lists processes that are conducted
at licensed sites and assigns effort factors for the safety and
safeguards activities associated with each process (these effort levels
are reflected in table X of this document). The annual fees are then
distributed across the fee class based on the regulatory effort
assigned by the matrix. The effort factors in the matrix represent
regulatory effort that is not recovered through 10 CFR part 170 fees
(e.g., rulemaking and guidance). Regulatory effort for activities that
are subject to 10 CFR part 170 fees, such as the number of inspections,
is not applicable to the effort factor.
Table X--Effort Factors for Fuel Facilities, FY 2026
------------------------------------------------------------------------
Effort factors
Facility type (fee category) Number of -------------------------
facilities Safety Safeguards
------------------------------------------------------------------------
High Enriched Uranium Fuel 2 88 91
(1.A.(1)(a))....................
Low Enriched Uranium Fuel 3 70 21
(1.A.(1)(b))....................
Limited Operations (1.A.(2)(a)).. 1 3 22
Gas Centrifuge Enrichment 0 0 0
Demonstration (1.A.(2)(b))......
Hot Cell (and others) 0 0 0
(1.A.(2)(c))....................
Uranium Enrichment (1.E.)........ 1 16 23
UF6 Conversion and Deconversion 1 12 7
(2.A.(1)).......................
--------------------------------------
Total........................ 8 189 164
------------------------------------------------------------------------
In FY 2026, the total required annual fee recovery amount, $23.0
million, is attributable to safety activities, safeguards activities,
and the LLW surcharge. For FY 2026, the total budgeted resources to be
recovered as annual fees for safety activities are approximately $12.2
million. To calculate the annual fee, the NRC allocates this amount to
each fee category based on its percentage of the total regulatory
effort for safety activities. Similarly, the NRC allocates the budgeted
resources that the NRC estimates to be recovered as annual fees for
safeguards activities, $10.6 million, to each fee category based on its
percentage of the total regulatory effort for safeguards activities.
Finally, the fuel facilities fee class portion of the LLW surcharge--
$0.2 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 estimated total allocated budgeted resources for the fee category
by the number of licensees in that fee category. The annual fee for
each facility is summarized in table XI of this document.
Table XI--Annual Fees for Fuel Facilities
[Actual dollars]
------------------------------------------------------------------------
FY 2025 final FY 2026 final
Facility type (fee category) annual fee annual fee
------------------------------------------------------------------------
High Enriched Uranium Fuel $6,101,000 $5,827,000
(1.A.(1)(a))...................
Low Enriched Uranium Fuel 2,068,000 1,975,000
(1.A.(1)(b))...................
Facilities with limited 1,704,000 1,628,000
operations (1.A.(2)(a))........
Gas Centrifuge Enrichment N/A N/A
Demonstration (1.A.(2)(b)).....
Hot Cell (and others) N/A N/A
(1.A.(2)(c))...................
Uranium Enrichment (1.E.)....... 2,659,000 2,539,000
[[Page 36480]]
UF6 Conversion and Deconversion 1,295,000 1,237,000
(2.A.(1))......................
------------------------------------------------------------------------
d. Uranium Recovery Facilities
The NRC will collect $0.2 million in annual fees from the uranium
recovery facilities fee class in FY 2026, as shown in table XII of this
document. The FY 2025 uranium recovery facilities fees are shown for
comparison purposes.
Table XII--Annual Fee Summary Calculations for Uranium Recovery
Facilities
[Dollars in millions]
------------------------------------------------------------------------
Summary fee calculations FY 2025 final rule FY 2026 final rule
------------------------------------------------------------------------
Total budgeted resources........ $1.8 $2.2
Less estimated 10 CFR part 170 -1.6 -1.9
receipts.......................
---------------------------------------
Net 10 CFR part 171 0.2 0.2
resources..................
Billing adjustments............. 0.0 0.0
---------------------------------------
Total required annual fee $0.2 $0.2
recovery...................
------------------------------------------------------------------------
In comparison to FY 2025, the total required annual fee recovery
amount for the fee class is increasing slightly, primarily due to an
increase in the budgeted resources in the FY 2026 enacted budget that
are allocated to the uranium recovery facilities fee class. This
increase in budgeted resources is primarily to support (1) the NRC's
review of license renewal applications and (2) inspection procedural
modifications associated with improvements resulting from the ADVANCE
Act. This increase in budgeted resources is partially offset by an
expected increase in 10 CFR part 170 estimated billings to support the
NRC's review of license renewal applications for the Crow Butte
Resources, Inc. site; Powertech USA, Inc. Dewey-Burdock site; and
NuFuels, Inc. Crownpoint Uranium Project.
As discussed in this document, the uranium recovery facilities fee
class includes DOE and non-DOE licensees. Compared to FY 2025, the
annual fee amount for DOE and the annual fee amount for the non-DOE
licensee are both increasing. The annual fee amount for DOE is
increasing primarily because of a decrease in 10 CFR part 170 estimated
billings due to the government shutdown. The decrease in 10 CFR part
170 estimated billings is partially offset by an increase in 10 CFR
part 170 estimated billings for work associated with various DOE
Uranium Mill Tailings Radiation Control Act (UMTRCA) sites. The annual
fee amount for the non-DOE licensee is increasing primarily due to an
increase in resources for inspection procedural modifications
associated with improvements resulting from the ADVANCE Act.
The NRC regulates DOE's Title I and Title II activities under
UMTRCA.\3\ The NRC described the overall methodology for determining
fees for UMTRCA in the FY 2002 final fee rule (67 FR 42612; June 24,
2002), and the NRC continues to use this methodology. The annual fee
assessed to DOE includes the resources specifically budgeted for the
NRC's UMTRCA Title I and Title II activities, as well as 10 percent of
the remaining budgeted resources for this fee class. The NRC assesses
the remaining 90 percent of its budgeted resources to the non-DOE
licensee in this fee class, which is reflected in table XIII. For
additional information, please see the work papers.
---------------------------------------------------------------------------
\3\ Congress established the two programs, Title I and Title II,
under UMTRCA to protect the public and the environment from hazards
associated with uranium milling. The UMTRCA Title I program is for
remedial action at abandoned mill tailings sites where tailings
resulted largely from production of uranium for weapons programs.
The NRC also regulates DOE's UMTRCA Title II program, which is
directed toward uranium mill sites licensed by the NRC or Agreement
States in or after 1978.
Table XIII--Costs Recovered Through Annual Fees; Uranium Recovery
Facilities Fee Class
[Actual dollars]
------------------------------------------------------------------------
FY 2025 final FY 2026 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 $153,324 $184,223
budgeted resources less 10
CFR part 170 receipts......
10 percent of generic/other 3,073 5,594
uranium recovery budgeted
resources..................
---------------------------------------
Total Annual Fee Amount 156,000 190,000
for DOE (rounded)......
Annual Fee Amount for Other
Uranium Recovery Licenses:
90 percent of generic/other 27,654 50,343
uranium recovery budgeted
resources less the amounts
specifically budgeted for
UMTRCA Title I and Title II
activities.................
Total Annual Fee Amount 27,700 50,300
for Other Uranium
Recovery Licensees.....
------------------------------------------------------------------------
[[Page 36481]]
Further, for any non-DOE licensees, the NRC continues to use a
matrix to determine the effort levels associated with conducting
generic regulatory actions for the different licensees in the uranium
recovery facilities fee class; this is similar to the NRC's approach
for fuel facilities, described in the ``c. Fuel Facilities'' section of
this document. The matrix methodology for uranium recovery licensees
first identifies the licensee categories included within this fee class
(excluding DOE). These categories are conventional uranium mills and
heap leach facilities, uranium in situ recovery (ISR) and resin ISR
facilities, and mill tailings disposal facilities. The matrix
identifies the types of operating activities that support and benefit
these licensees, along with each activity's relative weight (see the
work papers). Currently, there is only one non-DOE licensee, which is a
basic ISR facility. Table XIV of this document displays the benefit
factors for the non-DOE licensee in that fee category.
Table XIV--Benefit Factors for Uranium Recovery Licenses, 2026
----------------------------------------------------------------------------------------------------------------
Benefit
Fee category Number of factor per Total value Benefit factor
licensees licensee percent total
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach facilities (2.A.(2)(a)).... 0 ........... ............ 0
Basic In Situ Recovery facilities (2.A.(2)(b))......... 1 190 190 100
Expanded In Situ Recovery facilities (2.A.(2)(c))...... 0 ........... ............ 0
Section 11e.(2) disposal incidental to existing 0 ........... ............ 0
tailings sites (2.A.(4))..............................
--------------------------------------------------------
Total.............................................. 1 190 190 100
----------------------------------------------------------------------------------------------------------------
Given that there is only one non-DOE licensee in the fee class, the
application of the matrix does not result in any adjustment to the
licensee's annual fee. As such, the FY 2026 annual fee for the non-DOE
licensee is $50,300 (rounded), as shown in table XV of this document.
While the FY 2026 annual fee for the non-DOE licensee reflects an
increase of $22,600 compared to FY 2025, the annual fee remains
consistent with fiscal years prior to FY 2025 and is less than the
annual fee included in the FY 2024 final fee rule for this fee
category, which was $53,200. Additionally, as explained in the FY 2019
final fee rule (84 FR 22331; May 17, 2019), the NRC includes some
uranium recovery program budgeted resources in a fee-relief activity to
ensure the equitability and stability of annual fees for the uranium
recovery facilities fee class since the majority of uranium recovery
licensees are currently in Agreement States.
Table XV--Annual Fees for Uranium Recovery Licensees
[Other than DOE] [Actual dollars]
------------------------------------------------------------------------
FY 2025 final FY 2026 final
Facility type (fee category) annual fee annual fee
------------------------------------------------------------------------
Conventional and Heap Leach N/A N/A
facilities (2.A.(2)(a))........
Basic In Situ Recovery $27,700 $50,300
facilities (2.A.(2)(b))........
Expanded In Situ Recovery N/A N/A
facilities (2.A.(2)(c))........
Section 11e.(2) disposal N/A N/A
incidental to existing tailings
sites (2.A.(4))................
------------------------------------------------------------------------
e. Non-Power Production or Utilization Facilities
The NRC will collect $0.196 million in annual fees from the non-
power production or utilization facilities fee class in FY 2026, as
shown in table XVI of this document. The FY 2025 non-power production
or utilization facilities fees are shown for comparison purposes.
Table XVI--Annual Fee Summary Calculations for Non-Power Production or
Utilization Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 final FY 2026 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $0.782 $1.739
Less estimated 10 CFR part 170 receipts. -0.621 -1.580
-------------------------------
Net 10 CFR part 171 resources....... 0.161 0.160
Allocated generic transportation........ 0.030 0.037
Billing adjustments..................... 0.002 0.000
-------------------------------
Total required annual fee recovery.. 0.194 0.196
Total non-power production or 2 2
utilization facilities licensees...
-------------------------------
Total annual fee per licensee 0.096 0.098
(rounded)......................
------------------------------------------------------------------------
[[Page 36482]]
Compared to FY 2025, the FY 2026 annual fee for the non-power
production or utilization facilities fee class is increasing primarily
due to an increase in allocated generic transportation surcharge for
this fee class. The rise in the generic transportation allotment is due
to the increase in budgeted resources within the transportation fee
class in the FY 2026 final fee rule.
Although the budgeted resources in the FY 2026 enacted budget that
are allocated to this fee class represent an increase compared to FY
2025, this increase in budgeted resources is offset by an increase in
the 10 CFR part 170 estimated billings for this fee class overall. The
increase in budgeted resources compared to FY 2025 is primarily due to
work associated with application reviews for medical isotope production
facilities and advanced reactors.
While the 10 CFR part 170 estimated billings for this fee class
overall increased compared to FY 2025, the 10 CFR part 170 estimated
billings for the current fleet subject to annual fees decreased. The 10
CFR part 170 estimated billings with respect to medical isotope
production facilities and advanced reactors applicants (i.e., those not
subject to annual fees) have increased when compared with FY 2025
primarily due to the following: (1) conducting pre-application
activities for Eden Radioisotopes future operating license application
in addition to the anticipation of their construction permit
application for review, and (2) the review of a new advanced non-power
reactor application, including topical reports and white papers. The 10
CFR part 170 estimated billings associated with the current fleet of
operating non-power production or utilization facilities licensees
subject to annual fees have declined slightly compared to FY 2025
primarily as a result of the NIST shutdown status extending into FY
2026, reducing the NRC's expected oversight workload.
The total required annual fee recovery amount is divided equally
among the two non-power production or utilization facilities licensees
subject to annual fees and results in an FY 2026 final annual fee of
$98,200 for each licensee. While the annual fee for the non-power
production or utilization facility fee class is increasing, the NRC is
expanding the existing fee-relief activity, ``Medical isotope
production infrastructure,'' to include additional non-power production
or utilization facilities program budgeted resources to ensure the
equitability and stability of annual fees for the non-power production
or utilization facilities fee class since the majority of non-power
production or utilization facilities licensees are exempt from annual
fees under 10 CFR part 171.
f. Rare Earth
The NRC has not allocated any budgeted resources to this fee class;
therefore, the NRC will not assess an annual fee for this fee class in
FY 2026.
g. Materials Users
The NRC will collect $47.3 million in annual fees from materials
users licensed under 10 CFR parts 30, 40, and 70 in FY 2026, as shown
in table XVII of this document. The FY 2025 materials users fees are
shown for comparison purposes.
Table XVII--Annual Fee Summary Calculations for Materials Users
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 final FY 2026 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources for licensees $45.1 $45.3
not regulated by Agreement States......
Less estimated 10 CFR part 170 receipts. -0.8 -0.9
-------------------------------
Net 10 CFR part 171 resources....... 44.3 44.4
Allocated generic transportation........ 2.2 2.9
Allocated LLW surcharge................. 0.1 0.1
Billing adjustments..................... 0.1 0.0
-------------------------------
Total required annual fee recovery.. 46.7 47.3
------------------------------------------------------------------------
In comparison to FY 2025, there is an increase in the total
required annual fee recovery amount primarily due to (1) an increase in
the allocated generic transportation resources for this fee class as a
result of an additional CoC in the materials users fee class; and (2) a
decrease in the number of materials users licensees not regulated by
Agreement States and thus the number of licensees in the fee class. In
addition, there is a slight increase in the budgeted resources in the
FY 2026 enacted budget that are allocated to the materials users fee
class. This increase is primarily due to a rise in contract support to
address skill gaps in health physics specialties and support the
agency's strategic workforce planning. This increase in budgeted
resources is offset by a reduction in staffing due to many materials
users licensing actions nearing completion.
The NRC continues to use its established methodology for equitably
and fairly allocating the total required annual fee recovery amount of
$47.3 million among approximately 2,200 diverse licensees in the fee
class. The total number of licensees in the fee class decreased from
approximately 2,300 to 2,200, compared to FY 2025, as a result of
Connecticut becoming an Agreement State effective at the end of FY
2025. The NRC continues to calculate the annual fees for each fee
category within this fee class based on the 10 CFR part 170 application
fees and estimated inspection costs for each fee category. Because the
application fees and inspection costs are indicative of the complexity
of the materials license, this approach provides a proxy for allocating
the generic and other regulatory costs to the diverse fee categories.
This methodology also considers the inspection frequency (priority),
which is indicative of the safety risk and resulting regulatory costs
associated with the categories of licenses.
The methodology for calculating 10 CFR part 171 annual fees for the
various categories of materials users in this fee class includes using
a formula that considers application fees, inspection costs, inspection
priority (or frequency), and unique category costs. This formula is
described in detail in the work papers. At a high level, this formula
includes three main components: (1) recovery of general costs, (2)
recovery of inspection costs, and (3) unique category costs. The total
required annual
[[Page 36483]]
fee recovery amount of $47.3 million for FY 2026, as shown in table
XVII of this document, consists of $36.7 million for general costs
(including the allocated generic transportation resources), and $10.6
million for inspection costs; there are no unique category costs for
any fee categories in FY 2026.
As part of calculating the recovery for the general costs and
inspection costs, respectively, the NRC derives two multipliers: the
constant multiplier and the inspection multiplier. A constant
multiplier is established to recover the total general costs for the
fee class ($36.7 million in FY 2026). To derive the constant
multiplier, the general cost amount is divided by the sum of all fee
categories (application fee plus the average inspection cost divided by
inspection priority) then multiplied by the number of licensees. The
average inspection cost is the average inspection hours for each fee
category multiplied by the FY 2026 professional hourly rate of $337.
The inspection priority is the interval between routine inspections,
expressed in years. This calculation results in a constant multiplier
of 1.36 for FY 2026.
The inspection multiplier is established to recover inspection
costs for the fee class ($10.6 million in FY 2026). To derive the
inspection multiplier, the amount of inspection costs for the fee class
is divided by the sum of all fee categories (average inspection cost
divided by inspection priority) then multiplied by the number of
licensees. This calculation results in an inspection multiplier of 2.09
for FY 2026.
Additionally, the unique category costs would recover costs unique
to a particular fee category; however, there are no unique category
costs for FY 2026.
The FY 2026 total required annual fee recovery amount of $47.3
million for the materials users fee class also includes approximately
$0.1 million in LLW surcharge costs (see table V, ``Allocation of LLW
Surcharge, FY 2026,'' of this document). The LLW surcharge costs for
the fee class are not included in the formula described above; rather,
the surcharge amount for the fee class is divided by the number of
licensees and then assessed to each licensee. See the work papers for
the LLW surcharge amount per licensee.
Based on these calculations, the total required annual fee recovery
amount for the materials users fee class is increasing compared to FY
2025. For the individual categories within the fee class, the FY 2026
annual fees for all fee categories are increasing compared to FY 2025.
The increase for these fee categories is primarily due to the
following: (1) an increase in the generic transportation resources
allocated to this fee class; and (2) decrease in the number of
licensees in the fee class due to Connecticut becoming an Agreement
State. The annual fee for each fee category is shown in the revision to
Sec. 171.16(d).
h. Transportation
The NRC will collect $2.4 million in annual fees to recover generic
transportation budgeted resources in FY 2026, as shown in table XVIII
of this document. The FY 2025 fees are shown for comparison purposes.
Table XVIII--Annual Fee Summary Calculations for Transportation
[Dollars in millions]
------------------------------------------------------------------------
FY 2025 final FY 2026 final
Summary fee calculations rule rule
------------------------------------------------------------------------
Total budgeted resources................ $11.8 $13.7
Less estimated 10 CFR part 170 receipts. -3.3 -3.1
-------------------------------
Net 10 CFR part 171 resources....... 8.6 10.6
Less generic transportation resources... -6.6 -8.3
Billing adjustments..................... 0.0 0.0
-------------------------------
Total required annual fee recovery.. 2.0 2.4
------------------------------------------------------------------------
In comparison to FY 2025, the FY 2026 annual fee for the
transportation fee class is increasing primarily due to (1) an increase
in the budgeted resources in the FY 2026 enacted budget that are
allocated to this fee class; and (2) a decrease in the 10 CFR part 170
estimated billings due to the completion of multiple transportation
package reviews at the end of FY 2025 and the delay of an anticipated
submittal by Radiant Industries Kaleidos to late FY 2026. This increase
in budgeted resources is primarily to support an increase in licensing
and transportation certification activities for microreactors,
including reviews associated with the Radiant Industries Kaleidos
microreactor. This increase in budgeted resources is partially offset
by (1) a rise in the transportation percentage distribution of
resources for the operating power reactors fee class (to support
activities related to CoCs) and for the materials users fee class
(because of the new CoC under the materials users fee class) in FY
2026; and (2) the discontinuation of resources associated with the
Project Pele application in FY 2025. Consistent with the policy
established in the NRC's FY 2006 final fee rule (71 FR 30722; May 30,
2006), the NRC recovers generic transportation resources unrelated to
DOE by including those resources in the annual fees for licensee fee
classes. The NRC continues to assess a separate annual fee under Sec.
171.16, fee category 18.A., for DOE transportation activities. The
amount of the allocated generic resources is calculated by multiplying
the percentage of total CoCs used by each fee class (and DOE) by the
total generic transportation resources to be recovered.
This resource distribution to the licensee fee classes and DOE is
shown in table XIX of this document. Note that for the non-power
production or utilization facilities fee class, the NRC allocates the
distribution to only those licensees that are subject to annual fees.
Although five CoCs benefit the entire non-power production or
utilization facilities fee class, only two out of 29 operating non-
power production or utilization facilities licensees are subject to
annual fees. Consequently, the number of CoCs used to determine the
proportion of generic transportation resources allocated to the non-
power production or utilization facilities fee class has been adjusted
to 0.3 so these licensees are charged a fair and equitable portion of
the total fees (see the work papers).
[[Page 36484]]
Table XIX--Distribution of Transportation Resources, FY 2026
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
Allocated
Number of CoCs Percentage of generic
Licensee fee class/DOE benefiting fee total CoCs transportation
class or DOE resources
----------------------------------------------------------------------------------------------------------------
Materials Users......................................... 27.0 27.2 $2.9
Operating Power Reactors................................ 8.0 8.1 0.9
Spent Fuel Storage/Reactor Decommissioning.............. 19.0 19.1 2.0
Non-Power Production or Utilization Facilities.......... 0.3 0.3 0.04
Fuel Facilities......................................... 23.0 23.2 2.5
Subtotal of Generic Transportation Resources............ 77.3 77.9 8.3
DOE..................................................... 22.0 22.1 2.4
-------------------------------------------------------
Total............................................... 99.3 100.0 10.6
----------------------------------------------------------------------------------------------------------------
The NRC assesses an annual fee to DOE based on the 10 CFR part 71
CoCs held by DOE. The NRC, therefore, does not allocate these DOE-
related resources to other licensees' annual fees because these
resources specifically support DOE.
FY 2026--Policy Change
The NRC is making one policy change to its fee regulations for FY
2026 to implement E.O. 14300 and improve regulatory certainty for
applicants.
Establishing Fixed Caps on Service Fees in Response to Executive Order
14300, ``Ordering the Reform of the Nuclear Regulatory Commission,''
Section 5(a)
Section 5(a) of E.O. 14300 announces a policy for the NRC to
replace its ``nonbinding `generic milestone schedules''' with ``fixed
deadlines'' for requested activities of the Commission ``as directed
under the Nuclear Energy Innovation and Modernization Act.'' Section
5(a) also announces a policy for the NRC to establish fixed caps on
service fees to enforce those deadlines. Section 5(a) further provides
that the ``regulations should not provide for tolling those deadlines
except in instances of applicant failure, and must allow a reasonably
diligent applicant'' to complete the licensing process within the
allotted time.
Section 5(a) references NEIMA specifically and the requirement in
section 102(c) of NEIMA, as amended by section 504 of the ADVANCE Act.
Section 102(c) requires development of performance metrics and
milestone schedules for ``requested activities of the Commission'' and
imposes reporting requirements for certain delays in issuing a final
safety evaluation for these activities. NEIMA section 3 defines
``requested activity of the Commission'' to include the processing of
applications for design certifications or approvals, licenses, permits,
license amendments, license renewals, CoCs, and power uprates, and
``any other activity requested by a licensee or applicant.'' In
contrast to NEIMA section 102(c), section 5(a) of E.O. 14300 refers to
the ``final decision on an application'' and not the ``final safety
evaluation.''
Although fixed fee caps apply to only requested activities of the
Commission that involve the issuance of a final safety evaluation, the
NRC will continue to establish and communicate schedule and resource
estimates for other activities, such as pre-application engagement, and
will be held accountable for efficiency, timeliness, and quality of
these reviews through multiple performance management mechanisms such
as Annual Performance Plan performance indicators, internal tracking
dashboards, and quarterly performance reviews.
a. Purpose of This Change
The NRC is making this change in the FY 2026 final fee rule to
establish fixed caps on service fees for requested activities of the
Commission that involve the issuance of a final safety evaluation,
consistent with NEIMA and to implement E.O. 14300. The fixed fee caps
will provide cost predictability and drive increased efficiency and
accountability in the NRC's licensing and other activities requested by
applicants and licensees. The NRC will address fixed deadlines for
final decisions (including the 12- and 18-month periods cited in
section 5(a) of E.O. 14300) in a future rulemaking.
The NRC does not expect to exceed the fixed fee caps for reasons
not attributable to applicant failure. In the unlikely event of such an
exceedance, the NRC will continue to work diligently to complete the
licensing review as soon as practicable consistent with the NRC's
authorizing legislation, including the Atomic Energy Act of 1954 (AEA),
and NEIMA, as well as E.O. 14300. Consistent with section 5(a) of E.O.
14300, any exceedance of a fixed fee cap not attributable to applicant
failure will not be borne by applicants or licensees as either service
fees or annual fees. NEIMA requires the NRC to recover through service
fees and annual fees, to the maximum extent practicable, approximately
100 percent of its total budget authority for the FY, less the budget
authority for excluded activities, including fee-relief activities
identified by the Commission. These statutory mechanisms allow the NRC
to address fee cap exceedances, in the unlikely event they occur,
consistent with law.
To implement fixed fee caps, the NRC is establishing Sec. 170.33,
``Executive Order 14300 fixed fee caps,'' and amending Sec. 170.3,
``Definitions,'' and Sec. 15.31, ``Disputed debts.'' These changes
include a table of fixed fee caps for categories of requested
activities of the Commission that involve the issuance of a final
safety evaluation (categorical caps); a process for lower tailored caps
based on the specific application for the requested activity; a
definition of applicant failure, which is the sole basis for increasing
the fixed fee cap; and procedures for fee cap disputes.
b. Tailored Caps
The new Sec. 170.33 provides a process for the NRC to set a
tailored cap below the categorical cap based on the specific
application for the requested activity, to the maximum extent
practicable. Under Sec. 170.33, the fixed fee cap will be the lesser
of the categorical cap or the tailored cap. The NRC will communicate
the fixed fee cap in its written communication on schedule and
resources for the requested activity provided to the applicant.
The NRC is establishing tailored caps because, depending on the
complexity of the requested activity, it would be more appropriate to
hold the NRC accountable to a tailored cap below the bounding
categorical cap. In certain
[[Page 36485]]
cases, due to the bounding nature of the categorical caps, categorical
caps may be higher than the resources needed for a specific application
and thus fail to provide the efficiency and accountability benefits
that fixed fee caps are designed to offer. For example, the resources
needed to review an application that relies on a previously approved
topical report are likely to be lower than the categorical cap because
categorical caps bound the range of resources needed for activities
falling within a particular category.
Tailored caps will reflect the content and complexity of the
specific application and will be provided to applicants as part of the
NRC's established practice of communicating schedule and resource
estimates. Consistent with E.O. 14300, section 5(a), Sec. 170.33
augments this established practice by directing the inclusion of a
fixed fee cap in the written communication on schedule and resources
and providing for a tailored cap that is lower than the categorical cap
to the maximum extent practicable, enhancing NRC accountability and
efficiency. The NRC is not able to determine if it could set a fixed
fee cap lower than the categorical cap until it receives a specific
complete application that can be accepted for review because the
resources needed for the NRC to review and issue a final decision on a
requested activity depend, in part, on the specific application
submitted, as the complexity, completeness, and quality of an
application can vary. Allowing for tailored caps will encourage
applicants to engage early with the NRC and submit a complete, high-
quality application. To ensure proper management and control, the NRC
will continue to closely monitor project resources, schedules, and
early indicators to enable it to identify potential risks of exceeding
estimates well in advance.
c. Starting and Ending Points for Fixed Fee Caps
Section 5(a) of E.O. 14300 specifies that the fixed deadlines
enforced by the fixed fee caps ``commenc[e] with the first required
step in the regulatory process'' and end with the ``final decision on
an application.'' Consistent with E.O. 14300, the starting point for
the fixed fee cap is when a complete application for the requested
activity has been accepted for review by the NRC. For a license
application, for example, that is when the NRC has completed its
acceptance review and dockets the complete application. The ending
point for the fixed fee cap is issuance of the final decision (i.e.,
the NRC's approval of the requested activity if the NRC's evaluation
determines that pertinent requirements are met). For a license
application, for example, that is when the NRC issues the license if
the NRC's evaluation determines that pertinent requirements are met.
Consistent with longstanding policy, as reflected in Sec.
170.11(a)(2), 10 CFR part 170 fees are assessed for mandatory hearings,
but not contested hearings, except for limited circumstances. The
application of fee policy changes associated with E.O. 14300 does not
change this policy.
d. Applicant Failure
Section 5(a) of E.O. 14300 specifies that the ``regulations should
not provide for tolling [the fixed] deadlines [enforced by the fixed
fee caps] except in instances of applicant failure.'' Consistent with
this policy, Sec. 170.33 states that fixed fee caps will not be
increased except in instances of applicant failure. If applicant
failure occurs, the NRC will notify the applicant in writing of the new
fixed fee cap and will set the new fixed fee cap equal to the lowest
practicable amount necessary to account for the applicant failure.
In addition, the NRC is adding a definition for the term
``applicant failure'' to Sec. 170.3. Given the focus on ``applicant
failure'' and a ``reasonably diligent applicant'' in section 5(a) of
E.O. 14300, Sec. 170.3 defines applicant failure as actions or
inaction that:
(1) are within the reasonable control of a diligent applicant;
(2) are not due to actions or inaction of the NRC; and
(3) will cause substantial delays or require a significant increase
in resources.
The definition includes, as an example of applicant failure,
explicit applicant requests for the NRC to pause or delay review. The
NRC is developing guidance to provide further examples of applicant
failure and support consistent application of the definition of
applicant failure. As discussed in Section IV, Public Comment Analysis,
the NRC received a comment requesting clarification if all three
criteria in the definition in Sec. 170.3 need to be met to have
applicant failure. In response to this comment, the NRC is stating
explicitly that all three criteria in the definition in Sec. 170.3
need to be met to have applicant failure.
e. Fee Cap Disputes
The new Sec. 170.33(f) and amendments to Sec. 15.31 clarify how
applicants may submit disputes associated with the fixed fee cap by
making clear that fee cap disputes must be submitted in accordance with
the NRC's established processes for disputes of 10 CFR part 170 fees.
The NRC established these processes in the FY 2021 final fee rule (86
FR 32146; June 16, 2021), in accordance with NEIMA section 102(d)(3),
including creation of the NRC Form 529 for disputes of 10 CFR part 170
fees.
Consistent with the NRC's established dispute processes, and with
Sec. 170.51, ``Right to dispute assessed fees,'' Sec. 170.33(f)
states the following: ``Consistent with Sec. 170.51 of this part, any
disputes associated with the Executive Order 14300 fixed fee cap must
be submitted in accordance with Sec. 15.31 of this chapter.'' The
revisions to Sec. 15.31(a) specify that (1) for disputes associated
with the fixed fee cap, the applicant must submit an NRC Form 529
within 45 days of the NRC written communication pertaining to the cap;
and (2) the form must be submitted to the Office of the Chief Financial
Officer, consistent with existing regulatory requirements governing
submission of fee disputes.
f. Effective Date of October 1, 2026
Fixed fee caps will be effective starting October 1, 2026. For
requested activities for which a complete application has been accepted
for review on or after that date, the fixed fee cap will be the lesser
of the categorical cap or the tailored cap. Applications accepted for
review before that date will receive a tailored cap representing the
lowest practicable amount based on the specific application.
The NRC's current billing system, Financial Accounting and
Integrated Management Information System, does not possess the
capabilities required to support fixed fee caps through automation. The
NRC is currently in the process of implementing a new fee billing
engine, which is expected to be operational on October 1, 2026, and
will have the capabilities to track and administer the fixed fee caps
through automation. Rather than making duplicative system enhancements
to these two billing systems, the NRC has aligned the effective date
for the fixed fee caps with the expected operational date for the new
fee billing engine. Regardless of when the new fee billing engine
becomes operational, the NRC will implement fixed fee caps as of the
October 1, 2026, effective date.
Because the effective date means that the fixed fee caps will take
effect before other rulemakings implementing E.O. 14300, the NRC
anticipates issuing updated categorical caps to align with additional
efficiencies realized as a
[[Page 36486]]
result of the E.O. 14300 rulemakings. As discussed in Section IV,
Public Comment Analysis, the NRC is clarifying that the categorical
caps in table 1 in Sec. 170.33 will be updated annually to reflect any
changes to the professional hourly rate or Reduced Hourly Rate. In this
final rule, the NRC has changed the Fixed Caps on Service Fees in table
1 in Sec. 170.33 to reflect the $337 professional hourly rate, which
increased by $1 from the FY 2026 proposed fee rule. There is no change
in table 1 in Sec. 170.33 for the $154 Reduced Hourly Rate since there
was no change in the Reduced Hourly Rate from the FY 2026 proposed fee
rule. The NRC will also evaluate categorical caps biennially to closely
review the staff hours and contract costs used to establish the
categorical caps, consistent with the Chief Financial Officers Act of
1990. Updated categorical caps will apply only to applications accepted
for review after the effective date for the updated categorical cap.
g. Methodology for Categories of Requested Activities
The NRC developed the categories of requested activities for table
1 in Sec. 170.33 by aligning them with the requested activities with
established NEIMA milestone schedules and creating separate categories
and subcategories where significant variations could support
development of significantly different categorical caps. For example,
table 1 in Sec. 170.33 includes separate rows for construction
permits, ESPs, and limited work authorizations because the data
supported development of significantly different categorical caps for
these categories of requested activities. As an example of new
subcategories, table 1 in Sec. 170.33 has separate rows for two
subcategories for standard design approvals because significantly
different categorical caps would apply for an application referencing
an approved design certification or standard design approval, in
comparison to an application with no prior approvals.
In the FY 2026 proposed fee rule, the NRC stated that table 1 in
Sec. 170.33 ``would be updated to reflect any new requested activities
that involve the issuance of a final safety evaluation, including any
resulting from the 10 CFR part 53 rulemaking or other future
rulemakings.'' In this final rule, the NRC has incorporated new
requested activities under 10 CFR part 53 in table 1 in Sec. 170.33.
The NRC is not establishing separate categorical caps for requested
activities under 10 CFR part 53 because the NRC does not currently have
the data necessary to support establishment of separate categorical
caps for the new 10 CFR part 53 rule. The NRC will use tailored caps to
address expected efficiencies under 10 CFR part 53 and may consider
establishing separate categorical caps for requested activities under
10 CFR part 53 in a future fee rule after it has execution data gained
from experience implementing the new 10 CFR part 53 rule.
h. Methodology for Categorical Caps
Table 1 in Sec. 170.33 includes two sets of categorical caps: (1)
Fixed Caps on Service Fees; and (2) Fixed Caps on Service Fees for
Advanced Nuclear Reactor Applicants. The Fixed Caps on Service Fees are
based on staff hours multiplied by the professional hourly rate, plus
contract costs. The Fixed Caps on Service Fees for Advanced Nuclear
Reactor Applicants are based on the Reduced Hourly Rate established by
the ADVANCE Act and apply only to qualifying applications and not to
amendments and renewals due to the definition of advanced nuclear
reactor applicant included in the ADVANCE Act's Reduced Hourly Rate
provisions and the legislative history.
The categorical caps in table 1 in Sec. 170.33 reflect a data-
driven evaluation of future resource needs for requested activities,
based on a detailed analysis of actual past performance, current
execution experience, and expected improvements. These caps are based
on historical, inflation-adjusted data for the range of activities
included in each category; removal of outliers in the historical data
(e.g., a review that did not involve a reasonably diligent applicant
consistent with the focus of E.O. 14300, section 5(a)); efficiencies
achieved to date; additional efficiencies from E.O. 14300 and the
ADVANCE Act not requiring rulemaking; alignment with the updated NEIMA
milestone schedules that took effect on May 23, 2025; and current
execution experience. For categories with limited historical data, the
categorical caps were developed using recent comparable data, such as
execution data from recent activities or estimated resources data from
recent applications accepted for review.
In terms of expected improvements, the categorical caps reflect
efficiencies that the NRC expects to realize from implementation of the
ADVANCE Act, particularly those in response to section 505, and E.O.
14300 that do not require rulemaking. Some examples of these
efficiencies are associated with streamlined licensing processes (such
as the use of dedicated core review teams), improved regulatory
guidance, and greater standardization in application content and review
procedures. Future updates to the categorical caps will reflect
additional efficiencies that are realized as a result of implementation
of E.O. 14300 and the ADVANCE Act--both from E.O. 14300 rulemakings and
other actions taken by the NRC.
FY 2026--Administrative Changes
The NRC is making three administrative changes in FY 2026:
1. Amend Sec. 171.15(d)(1) to clarify the frequency with which the
SMR variable rate will be calculated and updated, as appropriate.
The NRC is amending Sec. 171.15(d)(1) by adding ``Each fiscal
year, the variable rate will be calculated based on October 1 of the
fiscal year and updated, as appropriate, to determine the variable fee
for the current fiscal year.'' Currently, Sec. 171.15(d)(1) does not
include language about the frequency with which the SMR variable rate
will be calculated for potential updates. Since Sec. 171.15(d)(1)
applies to all SMR annual fees, this amendment provides additional
clarity to all licensees paying SMR annual fees for their annual fee
payments under 10 CFR part 171.
2. Amend Sec. 170.11(d) to update where a fee exemption request
submitted via email should be sent.
The NRC is amending paragraph (d) of Sec. 170.11, ``Exemptions,''
by adding a generic resource email box to ensure that the processing of
fee exemption requests submitted via email will not be delayed in the
event of a change of the Chief Financial Officer (CFO). Currently, a
person, including a licensee or applicant, can submit a fee exemption
request via email to the CFO, and if that individual is no longer
working at the NRC, there can be a short-term delay in processing the
fee exemption request. With this change, the NRC ensures that a person
interested in requesting a fee exemption via email will not have to
identify the current CFO and will be able to submit their fee exemption
request directly to the generic resource email box. The NRC is amending
Sec. 170.11(d) to add a new sentence clarifying that fee exemption
requests submitted via email should be submitted to the NRC at
<a href="/cdn-cgi/l/email-protection#4221242d242727273a272f32362b2d2c30273337273136316c3027312d37302127022c30216c252d34"><span class="__cf_email__" data-cfemail="7c1f1a131a1919190419110c081513120e190d09190f080f520e190f13090e1f193c120e1f521b130a">[email protected]</span></a>. This amendment eliminates the
possibility that the processing of fee exemption requests via email
will be delayed.
3. Add Sec. 171.11(f) to include where a fee exemption request
submitted via email should be sent to be consistent with the fee
exemption requirements in Sec. 170.11.
[[Page 36487]]
The NRC is adding a new paragraph (f) to Sec. 171.11,
``Exemptions,'' to include a generic resource email box and ensure that
the processing of fee exemption requests via email will not be delayed
if there is a change in the CFO. Currently, Sec. 171.11 does not
specify how fee exemption requests must be submitted. By adding the new
language to Sec. 171.11, the fee exemption regulations in both Sec.
171.11 and Sec. 170.11 will be consistent and clarify how a person
should submit a fee exemption request via email. With this change, the
NRC ensures that a person interested in requesting a fee exemption via
email will not have to identify the current CFO and would be able to
submit their fee exemption request directly to the generic resource
email box. This amendment eliminates the possibility that the
processing of fee exemption requests via email will be delayed.
III. Opportunities for Public Participation
The NRC published a proposed rule on March 12, 2026 (91 FR 12084).
The NRC held a public meeting on March 27, 2026, where the NRC provided
background on the proposed changes. Comments received on the proposed
rule can be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket ID NRC-
2023-0212.
IV. Public Comment Analysis
The public comment period for the proposed rule closed on April 13,
2026. By the close of the comment period, the NRC received 10 comment
submittals. The public comment submissions are available from the
Federal Rulemaking website at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket
ID NRC-2023-0212.
In general, commenters acknowledged the NRC's efforts to implement
the ADVANCE Act provisions for the Reduced Hourly Rate for advanced
nuclear reactor applicants and pre-applicants and to improve
predictability associated with fees. However, commenters raised
concerns or suggestions related to the overall implementation of E.O.
14300, section 5(a). Several comments expressed concerns about the
overall size of the NRC's budget, transparency, and budget formulation
activities. Some commenters' concerns were outside the scope of the fee
rule. The NRC has carefully considered the public comments received on
the proposed rule. The comments have been organized by topic. The NRC
separated these comments into 16 categories based on their relevance to
particular topics.
A. Establishment of Fixed Fee Caps as Contemplated by E.O. 14300
Comment: Some commenters supported the establishment of fixed fee
caps as contemplated by E.O.14300. Some commenters raised concerns
about the fixed fee caps, including concerns about fee caps violating
statutory requirements and causing negative consequences.
Response: The NRC disagrees that establishing the fixed fee caps
violates statutory requirements and will cause negative consequences.
The fixed fee caps will provide cost predictability and accountability
while remaining consistent with the statutory fee recovery
requirements. NEIMA requires the NRC to recover through service fees
and annual fees, to the maximum extent practicable, approximately 100
percent of its total budget authority for the FY, less the budget
authority for excluded activities, including fee-relief activities
identified by the Commission. These statutory mechanisms allow the NRC
to address fee cap exceedances, in the unlikely event they occur,
consistent with law.
The NRC disagrees that fixed fee caps will have the negative
consequences identified in these comments and, in any event, views the
benefits of fixed fee caps for licensees, applicants, and the NRC, as
outweighing any negative consequences. The NRC disagrees with the
claims in these comments that the fixed fee caps will cause the NRC
staff to be reluctant to work on activities that might exceed a fixed
fee cap, distort agency behavior, create tradeoffs dissuading positive
engagement between the NRC staff and applicants, and provide an
incentive for applicants to slow-walk engagement with the NRC staff.
Instead, the NRC views the fixed fee caps as creating positive
incentives for the NRC staff, as well as applicants and licensees. The
fixed fee caps will incentivize the NRC staff to identify safety-
significant issues early and push teams to be more efficient. Risk-
informed methods will keep reviews focused on the most safety-
significant issues. Establishing fixed fee caps therefore will push
consistent timelines, tighter milestone control, increased use of
dashboards and project controls, consistent review scopes, and
repeatable risk-informed approaches. Applicants and licensees will be
driven by an incentive to avoid applicant failure and support timely
reviews. Also, as a benefit, the fixed fee caps will provide enhanced
predictability regarding service fees associated with licensing and
other activities requested by licensees and applicants. No changes were
made to the final rule as a result of these comments.
B. Exceedances of Fixed Fee Caps
Comment: Some commenters raised questions regarding what would
happen if the NRC exceeded a fixed fee cap, including whether the NRC
would continue the review, whether the review costs would be recovered
through annual fees, and whether continuation of the review without fee
recovery would violate statutory requirements.
Response: In response to these comments, the NRC has clarified in
the preamble what would happen in the unlikely event of such an
exceedance. However, the NRC disagrees that continuation of a review
after an exceedance would violate statutory requirements.
In the preamble above, the NRC has made clear that the NRC is not
planning to exceed the fixed fee caps for reasons not attributable to
applicant failure, and that in the unlikely event of such an
exceedance, the NRC will continue to work diligently to complete the
licensing review as soon as practicable consistent with the NRC's
authorizing legislation, including the AEA, and NEIMA, as well as E.O.
14300. The NRC has put multiple systems and management controls in
place to monitor resources and schedules throughout the NRC's review to
identify and mitigate any challenges to the fixed fee caps.
Consistent with section 5(a) of E.O. 14300, any exceedance of a
fixed fee cap not attributable to applicant failure will not be borne
by applicants or licensees as either service fees or annual fees. NEIMA
requires the NRC to recover through service fees and annual fees, to
the maximum extent practicable, approximately 100 percent of its total
budget authority for the FY, less the budget authority for excluded
activities, including fee-relief activities identified by the
Commission. These statutory mechanisms allow the NRC to address fee cap
exceedances, in the unlikely event they occur, consistent with law. No
changes were made to the rule text as a result of these comments.
C. Fixed Deadlines
Comment: Some commenters raised concerns related to fixed
deadlines, including why fee caps are being established before fixed
deadlines have been established and whether the NRC would continue the
review after the NRC exceeds the fixed deadline.
Response: The NRC disagrees with these comments. The NRC is not
establishing fixed deadlines in this final rule and will address the
E.O. 14300
[[Page 36488]]
policy to establish fixed deadlines for final decisions (including the
12- and 18-month periods cited in section 5(a) of E.O. 14300) in a
future rulemaking. The NRC is not waiting to establish fixed fee caps
until after fixed deadlines are established because there are benefits
to implementing the fixed fee caps in this final rule. The fixed fee
caps will provide cost predictability and drive increased efficiency
and accountability in the NRC's licensing and other activities
requested by applicants and licensees. Should fixed deadlines be
established, the NRC would not assess 10 CFR part 170 fees beyond the
fixed deadline, even if the fixed fee cap has not been reached, absent
applicant failure, consistent with section 5(a) of E.O. 14300. In the
unlikely event of such an exceedance, the NRC would continue to work
diligently to complete the licensing review as soon as practicable
consistent with the NRC's authorizing legislation, including the AEA,
and NEIMA, as well as E.O. 14300. No changes to the final rule were
made as a result of these comments.
D. Tailored Caps
Comment: One commenter supported tailored caps, acknowledging that
it has long been recognized by industry that the scope and duration of
a review are only well understood after the NRC issues an acceptance
letter. Some commenters raised concerns about tailored caps, including
how the NRC would establish tailored caps and be consistent in doing
so, guidance being developed regarding establishment of tailored caps,
risks associated with establishing a lower tailored cap, and factors
that should be considered in establishing tailored caps.
Response: The NRC agrees, in part, and disagrees, in part, with
these comments. The NRC agrees that the scope and duration of a review
are only well understood after the NRC accepts a complete application
for review. The NRC is establishing tailored caps because, depending on
the complexity of the requested activity, it would be more appropriate
to hold the NRC accountable to a tailored cap below the bounding
categorical cap. In certain cases, due to the bounding nature of the
categorical caps, categorical caps may be higher than the resources
needed for a specific application and thus fail to provide the
efficiency and accountability benefits that fixed fee caps are designed
to offer.
Tailored caps will reflect the content and complexity of the
specific application and will be provided to applicants as part of the
NRC's established practice of communicating schedule and resource
estimates. The NRC is not able to determine if it could set a fixed fee
cap lower than the categorical cap until it receives a specific
complete application that can be accepted for review because the
resources needed for the NRC to review and issue a final decision on a
requested activity depend, in part, on the specific application
submitted, as the complexity, completeness, and quality of an
application can vary. Allowing for tailored caps will encourage
applicants to engage early with the NRC and submit a complete, high-
quality application. Several factors, such as effective pre-application
engagement and prior demonstration of a facility under DOE or
Department of War authorization, are expected to improve the efficiency
of application reviews and will likely result in a lower tailored cap.
The NRC disagrees with the comments raising concerns about
inconsistency, dispute, and underestimation risks associated with
tailored caps. Although tailored caps by their nature will be unique to
the particular application, the NRC will apply the same methodology for
determining the fixed fee cap for a given application. The NRC has
substantial experience applying a consistent methodology to estimate
resources for licensing reviews and other applicant-requested
activities because it has been communicating schedule and resource
estimates for these activities for years. The fixed fee caps build off
this established practice. In addition, the NRC is developing guidance
on establishment and management of fixed fee caps, which will be issued
before the fixed fee caps become effective on October 1, 2026, and will
support consistent application of tailored caps. The NRC will consider
various factors, including those raised in the comments, when
considering establishment of a tailored cap. No changes were made to
the final rule as a result of these comments.
E. Starting Point for Fixed Fee Caps
Comment: Some commenters requested that the starting point for the
fixed fee caps be changed to when an application is submitted to the
NRC because the first required step in the regulatory process is
submittal of the application and that way, the fixed fee caps include
the acceptance review.
Response: The NRC disagrees with the comments. Consistent with E.O.
14300, the starting point for the fixed fee cap is when a complete
application for the requested activity has been accepted for review by
the NRC because that is the first required step in the regulatory
process and the NRC is not able to determine if it can set a fixed fee
cap lower than the categorical cap until it receives a complete
application that can be accepted for review. Prior to that point, the
NRC is not able to determine if it can set a fixed fee cap lower than
the categorical cap because the resources needed for the NRC to review
and issue a final decision on a requested activity depend, in part, on
the specific application submitted, as the complexity, completeness,
and quality of an application can vary. The NRC will be held
accountable for efficiency, timeliness, and quality of acceptance
reviews through multiple performance management mechanisms such as
Annual Performance Plan performance indicators, internal tracking
dashboards, and quarterly performance reviews. No changes were made to
the final rule as a result of these comments.
F. Applicant Failure
Comment: One commenter requested clarification regarding whether
all three criteria in the definition in Sec. 170.3 needed to be met to
have applicant failure. One commenter requested that applicant failure
not be the sole basis for increasing fixed fee caps. One commenter
raised concerns about what would happen if a fixed fee cap was exceeded
due to applicant failure, noting that the only reasonable course of
action seemed to be suspension, withdrawal, or denial. One commenter
provided questions regarding when the guidance on applicant failure
would be issued and whether it would be published for public comment.
One commenter specifically noted that guidance on applicant failure
would be useful to applicants, and some commenters requested examples
of what would constitute applicant failure. Some commenters requested
clarification regarding whether a government shutdown would constitute
applicant failure.
Response: The NRC agrees, in part, and disagrees, in part, with
these comments. The NRC agrees that all three criteria in the
definition in Sec. 170.3 need to be met to have applicant failure, and
the NRC has added language in the preamble to make that explicit.
However, the NRC disagrees with the comments regarding applicant
failure not being the sole basis for increasing a fixed fee cap, and
suspension, withdrawal, or denial being the only reasonable course of
action if a fixed fee cap is exceeded due to applicant failure.
Applicant failure is the sole basis for increasing a fixed fee cap,
consistent with the principles of fairness and
[[Page 36489]]
equity--ensuring that applicants are not charged additional fees unless
their own actions or inactions are the cause of significant additional
NRC review effort. Having applicant failure be the sole basis for
increasing a fixed fee cap also provides greater cost predictability
for applicants and licensees, as it is clear that fixed fee caps will
not be increased unless applicant failure, which is within the
reasonable control of a diligent applicant, applies. Applicant failure
will not automatically result in withdrawal, suspension, or denial of
an application; the NRC plans to continue reviews, even if there is
applicant failure, unless the specific circumstances necessitate that
the NRC suspend the review or deny the application (such as an explicit
request from an applicant for the NRC to pause or delay the review). If
applicant failure occurs, the NRC will notify the applicant and set the
new fixed fee cap to the lowest practicable amount necessary to account
for the applicant failure.
The NRC is developing guidance on establishment and management of
fixed fee caps, which will be issued before the fixed fee caps become
effective on October 1, 2026. As discussed in the FY 2026 proposed fee
rule, this guidance will provide further examples of applicant failure
and support consistent application of the definition of applicant
failure.
The NRC notes that a government shutdown, absent other
circumstances, would not meet the definition of applicant failure in
Sec. 170.3 because it is not within the reasonable control of a
diligent applicant. If the NRC is unable to perform work on a requested
activity as a result of a government shutdown, service fees would not
be assessed during the government shutdown. If the NRC is able to
perform work on the requested activity during a government shutdown,
service fees would continue to be subject to the fixed fee cap. No
changes were made to the rule text as a result of these comments.
G. Dispute Process for Fixed Fee Caps
Comment: Some commenters raised concerns about the dispute process
for fixed fee caps because the NRC Form 529 requires submission of an
NRC Form 527 as a prerequisite and the NRC Form 527 does not appear
applicable to fixed fee cap disputes not associated with an invoice.
Response: The NRC agrees, in part, and disagrees, in part, with
these comments. The NRC disagrees with the comment that the NRC's
established processes for disputes of 10 CFR part 170 fees, including
use of the NRC Form 529, are not applicable to disputes associated with
fixed fee caps, and a separate process should be developed for
disputing fixed fee caps. Building off these existing NRC processes
will facilitate more efficient implementation of the fixed fee caps.
The NRC agrees, however, that the NRC Form 529 should be clarified to
better address fixed fee cap disputes, and the NRC Form 527 should not
be a pre-condition for fixed fee cap disputes not associated with an
invoice.
The NRC is updating the NRC Form 529 to coincide with the effective
date of this final rule. The updated NRC Form 529 will include
clarified instructions on how the form should be completed for fixed
fee cap disputes not associated with an invoice. The updated NRC Form
529 will distinguish the pre-conditions for fixed fee cap disputes not
associated with an invoice from those for disputes involving fees-for-
service charges, and completion of an NRC Form 527 will not be listed
as a pre-condition for fixed fee cap disputes not associated with an
invoice. No changes were made to the final rule as a result of these
comments.
H. Categories of Requested Activities Included in Table 1 in Sec.
170.33
Comment: One commenter noted that, as an editorial matter, the word
``traveler'' should be added in two rows in table 1 in Sec. 170.33
because ``TSTF'' is an organization and ``traveler'' is the name of the
document that could be adopted: (1) ``Adopting a Technical
Specifications Task Force (TSTF) traveler using the Consolidated Line-
Item Improvement Process,'' and (2) ``All Other TSTF travelers.'' Some
commenters requested the following footnote be removed from table 1 in
Sec. 170.33: ``Consistent with the definition of requested activity of
the Commission in section 3 of the Nuclear Energy Innovation and
Modernization Act (42 U.S.C. 2215 note), this activity includes only
topical reports submitted by licensees or applicants (i.e., persons or
entities that either hold a current license or have a license
application under NRC review).'' These commenters requested that the
fixed fee caps apply to topical reports submitted by other entities,
such as vendors and pre-applicants.
Response: The NRC agrees, in part, and disagrees, in part, with
these comments. The NRC agrees that adding the word ``traveler''
provides a more accurate description of the activities and avoids
potential confusion; therefore, the NRC incorporated the term
``traveler'' in the relevant rows in table1 in Sec. 170.33.
The NRC disagrees with the comments regarding topical reports and
is retaining this footnote in table 1 in Sec. 170.33. The fixed fee
caps and table 1 in Sec. 170.33 apply to only requested activities of
the Commission that involve the issuance of a final safety evaluation,
and NEIMA defines the term ``requested activity of the Commission'' as
limited to activities ``requested by a licensee or applicant.''
Aligning the fixed fee caps with the scope of activities covered by the
NEIMA milestone schedules and reporting requirements allows the agency
to (1) build off these existing processes to efficiently implement
fixed fee caps; (2) maintain a predictable universe of applicability;
and (3) preserve the important distinction between voluntary pre-
application engagement, which benefits from flexibility and has
purposefully been excluded from the fixed fee caps in this final rule,
and activities requested by licensees and applicants, which are subject
to the fixed fee caps. Pre-application engagement leads to more
effective resource planning, earlier identification of potential policy
or technical issues, and improved application quality and review
efficiency, ultimately leading to a lower tailored fee cap when a
complete application is accepted for review. In the preamble above, the
NRC has made clear that although fixed fee caps apply to only requested
activities of the Commission that involve the issuance of a final
safety evaluation, the NRC will continue to establish and communicate
schedule and resource estimates for other activities, including topical
reports submitted by vendors and pre-applicants, and will be held
accountable for efficiency, timeliness, and quality of these reviews
through multiple performance management mechanisms such as Annual
Performance Plan performance indicators, internal tracking dashboards,
and quarterly performance reviews.
I. Fixed Caps on Service Fees for Advanced Nuclear Reactor Applicants
Comment: One commenter requested that the NRC establish categorical
caps using the Reduced Hourly Rate in table 1 in Sec. 170.33 for
exemption requests and topical reports submitted as part of qualifying
application activities.
Response: The NRC disagrees with adding categorical caps using the
Reduced Hourly Rate in table 1 in Sec. 170.33 for exemption requests
and topical reports. The fixed fee caps do not apply to pre-application
activities, which are voluntary and occur before the first required
step in the regulatory process; therefore, a topical report or
[[Page 36490]]
exemption request submitted by an advanced nuclear reactor pre-
applicant before a qualifying application would not receive a fixed fee
cap. Although fixed fee caps do not apply to pre-application
activities, the NRC will continue to establish and communicate schedule
and resource estimates and will be held accountable for efficiency,
timeliness, and quality of these reviews through multiple performance
management mechanisms. However, if a topical report or exemption
request is submitted by an advanced nuclear reactor applicant as part
of a qualifying application, it would be covered by the fixed fee cap
associated with the qualifying application, which would use the Reduced
Hourly Rate and be communicated in the NRC written communication on
schedule and resources for the qualifying application. No changes to
the final rule were made as a result of this comment.
J. Assumptions for Categorical Caps
Comment: Some commenters raised concerns about the assumptions and
data used to establish the categorical caps as a general matter and for
specific caps in table 1 in Sec. 170.33; concerns were raised about
the staff hours and contract costs used to develop categorical caps,
discrepancies between categorical caps and resource estimates available
on the NRC's public web page, historical data not aligning with
efficiencies achieved in response to the ADVANCE Act and E.O. 14300,
and activities where there is limited historical data. For example,
some commenters questioned specific categorical caps as being too high,
such as the categorical caps for ``Code Reliefs''/``COL (under
construction)--Part 52'' and for ``License Amendments''/``Operating--
Parts 50 and 52''/``All Other TSTFs.'' In addition, some commenters
raised concerns about categorical caps not distinguishing between
different applications within a licensing pathway, such as a
microreactor compared to a large LWR, and one commenter specifically
noted that an applicant for a nuclear reactor approval under 10 CFR
parts 50, 52, or 53 should be able to estimate the maximum cost of the
NRC review prior to application submittal, regardless of reactor size.
Some commenters raised concerns regarding the categorical caps
discouraging certain licensing pathways because of the categorical caps
established for various activities. For example, one commenter noted
that the categorical cap for a COL not referencing an ESP is less than
the categorical caps for an ESP followed by a COL, but the amount of
NRC review and service fees for both should be nearly identical due to
efficiencies gained.
Response: The NRC agrees, in part, and disagrees, in part, with
these comments. The NRC agrees with providing cost predictability to
applicants under 10 CFR part 53, and in this final rule, the NRC
incorporated new requested activities under 10 CFR part 53 in table 1
in Sec. 170.33. The FY 2026 proposed fee rule specifically noted that
``[t]able 1 would be updated to reflect any new requested activities
that involve the issuance of a final safety evaluation, including any
resulting from the 10 CFR part 53 rulemaking or other future
rulemakings.'' The NRC is not establishing separate categorical caps
for requested activities under 10 CFR part 53 because the NRC does not
currently have the data necessary to support establishment of separate
categorical caps for the new 10 CFR part 53 rule. The NRC will use
tailored caps to address expected efficiencies under 10 CFR part 53 and
may consider establishing separate categorical caps for requested
activities under 10 CFR part 53 in a future fee rule after it has
execution data gained from experience implementing the new 10 CFR part
53 rule.
The NRC disagrees with the other comments regarding the categorical
caps. The NRC reviewed the specific categorical caps identified by
commenters and confirmed that the categorical caps were derived
consistent with the methodology described in the FY 2026 proposed fee
rule and retained in this final rule. The categorical caps are based on
historical, inflation-adjusted data for the range of activities
included in each category; removal of outliers in the historical data
(such as a review that did not involve a reasonably diligent
applicant); efficiencies achieved; additional efficiencies resulting
from E.O. 14300 and the ADVANCE Act not requiring rulemaking; alignment
with the updated NEIMA milestone schedules; and current execution
experience. Future updates to the categorical caps will reflect
additional efficiencies that are realized as a result of implementation
of E.O. 14300 and the ADVANCE Act--both from E.O. 14300 rulemakings and
other actions taken by the NRC. For categories with limited historical
data, the NRC used recent comparable information, such as execution
data from recent activities or estimated resources data from recent
applications accepted for review.
Regarding the comments requesting distinctions between different
applications within the same licensing pathway (for example,
microreactors compared with large LWRs), the NRC expects to set a lower
tailored cap after considering factors such as technology type,
application complexity, and the extent of pre-application engagement.
With respect to differences in categorical caps across licensing
pathways that involve multiple sequential application reviews, the NRC
notes that the categorical cap for a single application (e.g., COL not
referencing an ESP) will not equal the summation of each categorical
cap for an application in a sequential application pathway (e.g., an
ESP followed by a COL) for several reasons. The primary reason is that
the categorical caps bound the range of resources needed for each
category in table 1 in Sec. 170.33. Due to the bounding nature of the
categorical caps, categorical caps for separate, sequential
applications account for possible changes from the prior approval that
could affect the resources needed to review the subsequent sequential
application. The NRC will set a lower tailored cap, if appropriate,
after considering factors such as efficiencies gained in a sequential
application pathway when the subsequent application falls squarely
within the scope of a prior approval. In addition, there are
administrative hours needed to set up, track, and complete each review,
regardless of whether the application is in a sequential application
pathway. Applicable administrative hours are accounted for in each
categorical cap.
K. Updates for Categorical Caps
Comment: Some commenters raised concerns regarding the sentence in
the preamble indicating that the NRC would ``evaluate categorical caps
biennially, consistent with the Chief Financial Officers Act of 1990.''
One commenter requested that the NRC establish and maintain a publicly
accessible web page that provides the most current categorical fee
caps.
Response: In response to these comments, the NRC has revised the
preamble to clarify that the categorical caps in table 1 in Sec.
170.33 will be updated annually to reflect any changes to the
professional hourly rate or Reduced Hourly Rate. The NRC will also
evaluate categorical caps biennially to closely review the NRC staff
hours and contract costs used to establish the categorical caps. While
one commenter suggested establishing a publicly accessible NRC web page
containing the most current categorical caps, the categorical caps will
be updated
[[Page 36491]]
annually in the fee rule and the CFR, and the electronic Code of
Federal Regulations (eCFR; <a href="https://www.ecfr.gov/">https://www.ecfr.gov/</a>) serves as a
continuously updated online version of the CFR. No changes to the rule
text were made as a result of these comments.
L. Use of Unobligated Carryover To Reduce Fees
Comment: Several commenters requested the NRC to use available
authority to apply unobligated carryover to reduce the FY 2026 annual
fees.
Response: Each FY, the NRC follows the direction of Congress that
accompanies the annual appropriations act. The explanatory statement
associated with the FY 2026 enacted budget included direction for the
NRC to use $12.4 million of existing Integrated University Program or
University Nuclear Leadership Program (UNLP) carryover balances to fund
the UNLP in FY 2026. No additional Congressional direction was provided
to use carryover to offset the budget and fees.
The NRC's ability to use carryover to offset fees is dependent on
available amounts of carryover in the corresponding control point and
Congressional action to direct the use of carryover with a
corresponding reduction in current-year budget authority in the annual
appropriations process. Under NEIMA, the NRC must recover, to the
maximum extent practicable, approximately 100 percent of the total
budget authority appropriated for the FY, less the budget authority for
excluded activities. The NRC's discretionary use of carryover does not
reduce the amount of current-year budget authority appropriated to the
NRC. No changes were made to the final rule as a result of these
comments.
M. Agency Support in the Professional Hourly Rate
Comment: One commenter requested that the NRC review the agency
support estimates to confirm they accurately represent anticipated FTE
because agency support, as it relates to the calculation of the
professional hourly rate, is nearly flat between the FY 2025 final fee
rule and the FY 2026 proposed fee rule, but there was a decrease in FTE
at the NRC.
Response: The NRC confirmed that in FY 2026, the agency support
costs, which include corporate support and the IG, are accurate. While
there was a reduction in agency support in FY 2026 compared to FY 2025,
this reduction is not linearly proportional, as there is a cost for the
infrastructure that must be maintained. These infrastructure costs
include, for example, the cost for information management, information
technology, security, facilities management, rent, utilities, financial
management, acquisitions, human resources, and policy support. The NRC
continues to pursue further efficiencies and improvements to its
processes. No changes to the final rule were made as a result of this
comment.
N. Generic Regulatory Work Recovered Through 10 CFR Part 171 Annual
Fees
Comment: One commenter requested that the NRC provide greater
transparency on 10 CFR part 171 annual fees. Some commenters requested
that the NRC evaluate opportunities to improve efficiency in regulatory
activities funded through 10 CFR part 171 annual fees, while
recognizing the NRC's efforts to improve efficiency in activities
billed under 10 CFR part 170.
Response: The NRC continues to look for ways to enhance
transparency and efficiency. The work papers that support the fee rule
show in detail how the NRC allocates the budgeted resources for each
class of licensees and calculates the annual fees. The NRC has made
enhancements to the work papers every year since FY 2019 and will
continue to look for ways to improve the work papers to provide more
transparency regarding annual fees. In addition, the CBJ includes
language to indicate which product lines impact service fees versus
annual fees. With respect to efficiency, the NRC continues to pursue
further efficiencies and improvements to all NRC activities, including
those recovered through 10 CFR part 171 annual fees. Future fee rules
will reflect additional efficiencies that are realized as a result of
implementation of E.O. 14300 and the ADVANCE Act--both from E.O. 14300
rulemakings and other actions taken by the NRC. There are no changes to
the final rule as a result of these comments.
O. Fuel Facilities Fee Class
Comment: Several commenters expressed appreciation for the NRC's
efforts to lower the FY 2026 annual fees for the fuel facilities fee
class. One commenter requested that given the dynamic growth of this
fee class, the NRC consider if the definitions in 10 CFR part 171
accurately reflect the fee classes of licensees, which dictate the
effort factors, and make adjustments accordingly. This commenter stated
that there is an inconsistency between the 10 CFR part 70 definitions
for Category I, II, and III facilities; and the 10 CFR part 171
definitions of high and low enriched uranium facilities.
Response: The NRC confirmed that the existing definitions in 10 CFR
part 171 accurately reflect the fuel facilities fee class of licensees.
The NRC effort factors are based on the commensurate level of
regulatory effort. The effort factors in the matrix represent non-
billable, regulatory effort (e.g., rulemaking and guidance). In
addition, the programmatic effort (expressed as a value in the matrix)
reflects the safety and safeguards risk significance associated with
the nuclear material and use/activity, and the commensurate generic
regulatory program (i.e., scope, depth, and rigor). The NRC will
continue to assess resource requirements and evaluate programmatic
efficiencies for the fuel facilities fee class. No changes were made to
the final rule as a result of these comments.
P. Reduced Hourly Rate
Comment: One commenter expressed appreciation for the Reduced
Hourly Rate for advanced nuclear reactor applicants and pre-applicants.
Another commenter requested clarification on whether the cost
difference between the professional hourly rate and Reduced Hourly Rate
is (1) included in excluded activities or (2) incorporated into the 10
CFR part 171 annual fee base and thus borne by existing licensees. The
commenter urged the NRC to ensure that any unrecovered costs due to the
Reduced Hourly Rate are not incorporated into the 10 CFR part 171
annual fee base.
Response: The NRC disagrees with the comment regarding unrecovered
costs due to the Reduced Hourly Rate because the ADVANCE Act's Reduced
Hourly Rate provisions state explicitly which costs are to be included
in the Reduced Hourly Rate and which costs are to be included in the
excluded activities associated with the Reduced Hourly Rate. Section
201 of the ADVANCE Act amended NEIMA to specify that the Reduced Hourly
Rate is the FTE rate for mission-direct program salaries and benefits
for the Nuclear Reactor Safety Program, divided by the productive hours
assumption, for that FY, and does not include mission-direct program
salaries and benefits for the Nuclear Materials and Waste Safety
Program, mission-indirect program support for the Nuclear Reactor
Safety Program and the Nuclear Materials and Waste Safety Program, and
agency support. Section 201 of the ADVANCE Act also amended NEIMA to
include the following as excluded activities: ``[t]he total costs of
mission-indirect program support and agency support that . . . may not
be included in the hourly rate charged for
[[Page 36492]]
fees assessed and collected from advanced nuclear reactor applicants .
. . [and] advanced nuclear reactor pre-applicants.'' The FY 2026
proposed fee rule and this final rule were developed consistent with
those statutory requirements. No changes were made to the final rule as
a result of these comments.
V. 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 the ``Availability of Documents'' section of
this document.
---------------------------------------------------------------------------
\4\ 5 U.S.C. 603. The RFA, 5 U.S.C. 601-612, has been amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
Public Law 104-121, Title II, 110 Stat. 847 (1996).
---------------------------------------------------------------------------
VI. Regulatory Analysis
Under NEIMA, the NRC is required to recover, to the maximum extent
practicable, approximately 100 percent of its annual budget for FY
2026, less the budget authority for excluded activities. The NRC
assesses two types of fees to meet the requirements of NEIMA. First,
service fees, established in 10 CFR part 170 under the authority of the
IOAA and NEIMA, recover the NRC's costs of providing specific benefits
to identifiable recipients (such as licensing work, inspections, and
special projects). Second, annual fees, established in 10 CFR part 171
under the authority of NEIMA, recover generic and other regulatory
costs not otherwise recovered through 10 CFR part 170 fees.
With respect to 10 CFR part 170 service fees, this rule was
developed under the IOAA and NEIMA and consistent with OMB Circular A-
25. NEIMA requires the NRC to ``assess and collect fees,'' in
accordance with the IOAA, ``from any person who receives a service or
thing of value from the [NRC] to cover the costs to the [NRC] of
providing the service or thing of value.''
With respect to 10 CFR part 171 annual fees, this rule was
developed under NEIMA. NEIMA requires the NRC to ``establish by rule a
schedule'' of annual fees that ``fairly and equitably'' allocate the
aggregate amount of annual fees among licensees and certificate
holders. NEIMA also requires that annual fees, ``to the maximum extent
practicable, shall be reasonably related to the cost of providing
regulatory services.'' Because 10 CFR part 170 service fees will not
equal 100 percent of the agency's total budget authority for the FY
(less the budget authority for excluded activities), the NRC assesses
10 CFR part 171 annual fees to recover the remaining amount necessary
to comply with NEIMA.\5\
---------------------------------------------------------------------------
\5\ The assessment of annual fees by the NRC began in FY 1987 to
meet the requirements of Public Law 99-272, the Consolidated Omnibus
Budget Reconciliation Act of 1985, which required the NRC to recover
33 percent of its budget authority. Subsequent legislation required
the NRC to recover an increasing percentage of its budget authority.
See, e.g., Public Law 100-203, Omnibus Budget Reconciliation Act of
1987 (requiring that the NRC, for FYs 1988 and 1989, recover at
least 45 percent of its budget authority in each fiscal year);
Public Law 101-508, Omnibus Budget Reconciliation Act of 1990 (OBRA-
90) (requiring that the NRC, for FYs 1991 through 1995, recover
approximately 100 percent of its budget authority in each fiscal
year, less excluded amounts); Public Law 106-377, Energy and Water
Development Appropriations Act, 2001 (amending OBRA-90 to decrease
the NRC's fee recovery amount by 2 percent per fiscal year beginning
in FY 2001, ending at 90 percent in FY 2005).
---------------------------------------------------------------------------
In the annual fee rule, the NRC adjusts its fees to recover its
annual budget authority to ensure that the NRC complies with the
statutory requirements for cost recovery. Similarly, in this final
rule, the NRC has made adjustments to recover its annual budget
authority consistent with the statutory fee recovery requirement. For
this final rule, the NRC did not identify any alternatives to the
current statutorily required fee structure. Further, NEIMA requires the
NRC to establish its fee schedule by rule and thus the NRC did not
identify any alternatives to rulemaking. However, the NRC did consider
several alternatives to alleviate the significant impact of annual fees
on a substantial number of small entities, in accordance with the RFA.
Those alternatives include:
1. Basing fees on the amount of radioactivity possessed by the
licensee (e.g., number of sources).
2. Basing fees on the frequency of use of licensed radioactive
material (e.g., volume of patients).
3. Basing fees on the NRC size standards for small entities.
Based on the expertise of the NRC staff, informed by previous
reviews of these alternatives, the NRC continues to believe that a
maximum fee for small entities is the most appropriate and effective
option for reducing the impact of fees on small entities.
The NRC also performed an analysis of the costs and benefits over
FY 2026.\6\ Consistent with OMB Circular A-4, the fees charged by the
NRC are considered transfer payments and therefore not part of the
costs of this rulemaking.
---------------------------------------------------------------------------
\6\ The NRC selected FY 2026 as the time horizon for this rule
because, consistent with NEIMA, this rule amends the NRC's fee
regulations to allow the NRC to recover, to the maximum extent
practicable, approximately 100 percent of its FY 2026 budget
authority, minus the budget authority for excluded activities, by
September 30, 2026 (the end of FY 2026).
---------------------------------------------------------------------------
OMB Circular A-4 directs agencies to report transfer payments from
and to government agencies separately.\7\ The two primary government
agencies assessed fees are DOE and NIST. The NRC assesses fees to DOE
to recover costs related to regulating DOE's Title I and Title II
activities under UMTRCA as part of the uranium recovery facilities fee
class. Additionally, the NRC assesses an annual fee to DOE based on the
number of 10 CFR part 71 CoCs held by DOE as part of the transportation
fee class. The NRC also assesses fees to DOE as part of the spent fuel
storage/reactor decommissioning fee class; these costs were
inadvertently not included in the Regulatory Analysis in tables XX and
XXI in the FY 2025 final fee rule but have been added to tables XX and
XXI in the Regulatory Analysis in the FY 2026 final fee rule. The NRC
assesses fees to NIST as a member of the fuel facilities fee class for
its license for possession and use of special nuclear material and as a
member of the non-power production or utilization facilities fee class
for its research reactor. The NRC also assesses fees to several Federal
agencies for a variety of small materials licenses. The fees assessed
to government agencies, including both 10 CFR parts 170 and 171 fees,
are identified below.\8\
---------------------------------------------------------------------------
\7\ Currently there are no State government agencies that hold
an NRC license or are an NRC applicant and thus, no State government
agencies are assessed fees under this rule.
\8\ The underlying data in Section VI, ``Regulatory Analysis,''
of this document have been updated to reflect finalized figures,
replacing the preliminary data used in the proposed rule.
Specifically, the number of licensees changed from 2,458 to 2,448,
which resulted in adjustments to the undiscounted and discounted
cost estimates. In addition, the figures in the last column (FY 2026
Final Rule) in tables XX and XXI were updated to reflect final
figures. All of these updates are minor and non-substantive.
[[Page 36493]]
Table XX--Fees Charged to Government Agencies
[Dollars in millions] \9\
------------------------------------------------------------------------
FY 2025 final FY 2026 final
rule Rule
------------------------------------------------------------------------
DOE (Uranium Recovery).................. $0.361 $0.215
DOE (Transportation).................... 2.576 2.147
DOE (Spent Fuel Storage/Reactor 1.238 0.777
Decommissioning).......................
NIST (Fuel Facilities).................. 0.134 0.015
NIST (Non-Power Production or 0.187 0.152
Utilization Facilities)................
Other Agencies (Materials Users)........ 1.473 3.979
-------------------------------
Total............................... 5.969 7.285
------------------------------------------------------------------------
After accounting for the fees assessed to government agencies, the
``adjusted amount to be recovered through 10 CFR parts 170 and 171
fees'' assessed to applicants and licensees was $804.1 million in the
FY 2025 final fee rule. This amount has been corrected to $802.8
million in table XXI, ``Fee Totals,'' of this document by adding the
missing $1.2 million in fees assessed to DOE as part of the spent fuel
storage/reactor decommissioning fee class in the Regulatory Analysis to
tables XX and XXI. After accounting for the fees assessed to government
agencies, the ``adjusted amount to be recovered through 10 CFR parts
170 and 171 fees'' assessed to applicants and licensees is $811.5
million in the FY 2026 final fee rule, resulting in a difference of
approximately $7.3 million in FY 2026 compared to FY 2025. Table XXI
shows this calculation.
---------------------------------------------------------------------------
\9\ Dollar amounts reported directly from fiscal years are
nominal values.
Table XXI--Fee Totals
[Dollars in millions] \9\
------------------------------------------------------------------------
FY 2025 final FY 2026 final
rule rule
------------------------------------------------------------------------
Adjusted amount to be recovered through $808.8 $818.8
10 CFR parts 170 and 171 fees..........
Less government agency fees (see table -6.0 -7.3
XX)....................................
-------------------------------
Total............................... 802.8 811.5
------------------------------------------------------------------------
As indicated, both the amount of fees assessed to federal
government agencies in FY 2026 ($7.3 million) as well as the fees
assessed to non-government licensees and applicants in FY 2026 ($811.5
million) are considered transfer payments under OMB Circular A-4 and,
therefore, not part of the costs of this rulemaking.
Therefore, the costs of this final rule constitute the resources
for licensees to read the annual rule and resultant changes to their
internal processes for payment. The NRC expects that this final rule
will affect 2,448 licensees, each spending a maximum of 1 hour reading
the rule and 1 hour updating their accounting software. For the purpose
of this analysis, the NRC developed a labor rate of $148, which
includes only labor and material costs that are directly related to the
implementation of the annual rule.\10\ The final rule results in a net
cost to licensees of approximately $727,000, undiscounted.\11\ In
addition, the Office of Information and Regulatory Affairs (OIRA)
requires agencies to report results as a perpetual stream once a rule
is implemented, which in this case reflects annualized cost of about
$47,561, at a 7 percent discount rate.
---------------------------------------------------------------------------
\10\ The NRC used the BLS data tables to select appropriate
hourly labor rates for the roles performing work necessary following
issuance of the final rule, calculating a blended mean wage based on
the estimated proportion of work performed by each role from BLS,
``May 2024 National Industry-Specific Occupational Employment and
Wage Estimates'' (BLS, 2025). This labor rate includes wages paid
for the individuals performing the work plus the associated fringe
benefit component of labor cost.
\11\ For FY 2025, the rule affected 3,072 licensees under the
same assumptions. Due to a calculation error, the correct cost
should have been $906,000 (3,072 times 2 hours times $148), not
$453,000 as reported in the Regulatory Analysis included in the FY
2025 final fee rule.
---------------------------------------------------------------------------
Additionally, this final rule establishes fixed caps on service
fees for requested activities of the Commission that involve the
issuance of a final safety evaluation, consistent with NEIMA and E.O.
14300. The NRC will address the E.O. 14300 policy to establish fixed
deadlines for final decisions in a separate rulemaking. Should fixed
deadlines be established, the NRC would not assess 10 CFR part 170 fees
beyond the fixed deadline, even if the fixed fee cap has not been
reached, absent applicant failure.
To implement fixed fee caps, the NRC is establishing Sec. 170.33,
``Executive Order 14300 fixed fee caps,'' and amending Sec. 170.3,
``Definitions,'' and Sec. 15.31, ``Disputed debts.'' The changes
include a table of categorical caps for requested activities of the
Commission that involve the issuance of a final safety evaluation; a
process for lower tailored caps based on the specific application; a
definition of applicant failure, which is the sole basis for increasing
the fixed fee cap; and procedures for fee cap disputes.
The NRC does not expect that the final rule will result in any
behavioral changes related to market entry or exit among licensees on
which the NRC assesses 10 CFR parts 170 and 171 fees. There is only a
small increase in the adjusted amount to be recovered through 10 CFR
parts 170 and 171 fees, and the way in which the NRC assesses these
fees is well established. It is possible that the implementation of the
fixed caps on service fees may induce current licensees to submit
further licensing actions, or may increase the rate of market entry of
new licensees as applicants.
[[Page 36494]]
VII. Backfitting and Issue Finality
The NRC has determined that the backfit and issue finality
provisions in 10 CFR parts 50, 52, 53, 70, 72, and 76 do not apply to
this final rule because these amendments do not require the
modification of, or addition to, (1) systems, structures, components,
or the design of a facility; (2) the design approval or manufacturing
license for a facility; or (3) the procedures or organization required
to design, construct, or operate a facility.
VIII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC 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).
IX. National Environmental Policy Act
The NRC has determined that this final rule is the type of action
eligible for categorical exclusion because it meets criterion described
in Sec. 51.22(a)(3), ``Amendments to parts . . . 15, . . . 170, or 171
of this chapter.'' The agency action belongs to a category of actions
that the Commission, by rule or regulation, has declared to be a
categorical exclusion, after first finding that the actions within the
category do not individually or cumulatively have a significant effect
on the human environment. Therefore, neither an environmental impact
statement nor environmental assessment has been prepared for this final
rule.
X. Paperwork Reduction Act
This final rule does not contain any new or amended collections of
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501, et seq.). Existing collections of information were approved by
OMB, approval number 3150-0190.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
XI. Executive Orders
The following are Executive orders that are related to this final
rule:
A. Executive Order 12866: Regulatory Planning and Review (as Amended by
Executive Order 14215, Ensuring Accountability for All Agencies)
The OIRA has determined that this final rule is an economically
significant regulatory action under section 3(f)(1) of E.O. 12866.
Accordingly, the NRC submitted this final rule to OIRA for review. The
NRC is required to conduct an economic analysis in accordance with
section 6(a)(3)(C) of E.O. 12866. More can be found in Section VI, of
this document, ``Regulatory Analysis.'' Given that there is no change
from previous fiscal years under this final rule in how the NRC
assesses its 10 CFR parts 170 and 171 fees, the NRC considers the costs
to licensees associated with this rule to be minor.
B. Executive Order 14154: Unleashing American Energy
The NRC has examined this final rule and has determined that it is
consistent with the policies and directives outlined in E.O. 14154.
C. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is a regulatory action as defined by E.O. 14192. This
regulatory action generates $47,561 in annualized costs at a 7 percent
discount rate, over a perpetual time horizon. Details on the estimated
costs of this final rule can be found in Section VI, of this document,
``Regulatory Analysis,'' which shows that the costs to licensees
associated with this rule are minor.
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 OMB has found that it meets the
criteria at 5 U.S.C. 804(2) and will submit the required report to
Congress.
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, to the maximum
extent practicable, approximately 100 percent of its annual budget for
FY 2026, less the budget authority for excluded activities, as required
by NEIMA. This action does not constitute the establishment of a
standard that contains generally applicable requirements.
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 2025 fee
rule. The compliance guide was developed when the NRC completed the
small entity biennial review for FY 2025. The NRC plans to continue to
use this compliance guide for FY 2026 and has relabeled the compliance
guide to reflect the current FY. This compliance guide is available as
indicated in the ``Availability of Documents'' section of this
document.
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.
------------------------------------------------------------------------
ADAMS accession No./FR
Documents citation/web link
------------------------------------------------------------------------
Proposed rule, ``Fee Schedules; Fee 91 FR 12084.
Recovery for Fiscal Year 2026,'' dated
March 12, 2026.
Final rule, ``Fee Schedules; Fee Recovery 90 FR 26730.
for Fiscal Year 2025,'' dated June 24,
2025.
FY 2025 Final Fee Rule Work Papers........ ML25129A153.
Fiscal Year 2026 Final Rule Work Papers... ML26124A085.
OMB Circular A-25, ``User Charges''....... <a href="https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-025.pdf">https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-025.pdf</a>.
SECY-05-0164, ``Annual Fee Calculation ML052580332.
Method,'' dated September 15, 2005.
NUREG-1100, Volume 41, ``Congressional ML25162A035.
Budget Justification: Fiscal Year 2026''
(June 2025).
[[Page 36495]]
Final rule, ``Revision of Fee Schedules; 80 FR 37432.
Fee Recovery for Fiscal Year 2015,''
dated June 30, 2015.
Final rule, ``Variable Annual Fee 81 FR 32617.
Structure for Small Modular Reactors,''
dated May 24, 2016.
Final Rule, ``Revision of Fee Schedules; 84 FR 22331.
Fee Recovery for Fiscal Year 2019,''
dated May 17, 2019.
Final rule, ``Revision of Fee Schedules; 86 FR 32146.
Fee Recovery for Fiscal Year 2021,''
dated June 16, 2021.
Final rule, ``Revision of Fee Schedules; 88 FR 39120.
Fee Recovery for Fiscal Year 2023,''
dated June 15, 2023.
Final rule, ``Revision of Fee Schedules; 64 FR 31448.
100% Fee Recovery, FY 1999,'' dated June
10, 1999.
Final rule, ``Revision of Fee Schedules; 67 FR 42612.
Fee Recovery for FY 2002,'' dated June
24, 2002.
Final rule, ``Revision of Fee Schedules; 71 FR 30722.
Fee Recovery for FY 2006,'' dated May 30,
2006.
Final rule, ``Fee Schedules; Fee Recovery 89 FR 51789.
for Fiscal Year 2024,'' dated June 20,
2024.
Comments on PR-15, 170 and 171--Fee ML26107A164.
Schedules; Fee Recovery for Fiscal Year
2026 (NRC-2023-0212).
Fiscal Year 2026 Regulatory Flexibility ML26117A017.
Analysis.
Fiscal Year 2026 U.S. Nuclear Regulatory ML25363A091.
Commission Small Entity Compliance Guide.
Executive Order 12866, ``Regulatory 58 FR 51735.
Planning and Review,'' October 4, 1993.
Executive Order 14154, ``Unleashing 90 FR 8353.
American Energy,'' January 29, 2025.
Executive Order 14192, ``Unleashing 90 FR 9065.
Prosperity Through Deregulation,''
February 6, 2025.
Executive Order 14300, ``Ordering the 90 FR 22587.
Reform of the Nuclear Regulatory
Commission,'' May 29, 2025.
Presidential Memorandum, ``Plain Language 63 FR 31885.
in Government Writing,'' dated June 10,
1998.
------------------------------------------------------------------------
List of Subjects
10 CFR Part 15
Administrative practice and procedure, Claims, Debt collection.
10 CFR Part 170
Byproduct material, Import and export licenses, Intergovernmental
relations, Non-payment penalties, Nuclear energy, Nuclear materials,
Nuclear power plants and reactors, Source material, Special nuclear
material.
10 CFR Part 171
Annual charges, Approvals, Byproduct material, Holders of
certificates, Intergovernmental relations, Non-payment penalties,
Nuclear materials, Nuclear power plants and reactors, Registrations,
Source material, Special nuclear material.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; 42 U.S.C. 2215; 31 U.S.C. 9701; and 5 U.S.C.
552 and 553, the NRC is making the following amendments to 10 CFR parts
15, 170, and 171:
PART 15--DEBT COLLECTION PROCEDURES
0
1. The authority citation for part 15 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 161, 186 (42 U.S.C.
2201, 2236); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C.
5841); 5 U.S.C. 5514; 26 U.S.C. 6402; 31 U.S.C. 3701, 3713, 3716,
3719, 3720A; 42 U.S.C. 664; 44 U.S.C. 3504 note; 31 CFR parts 900
through 904; 31 CFR part 285; E.O. 12146, 44 FR 42657, 3 CFR, 1979
Comp., p. 409; E.O. 12988, 61 FR 4729, 3 CFR, 1996 Comp., p. 157.
0
2. In Sec. 15.31, revise paragraph (a) to read as follows:
Sec. 15.31 Disputed debts.
(a) Submitting a dispute. (1) For any type of charges assessed by
the NRC, a debtor may submit a dispute of debt within 45 days from the
date of the initial demand letter. The debtor shall explain why the
debt is incorrect in fact or in law and may support the explanation by
affidavit, cancelled checks, or other relevant evidence. The dispute
must be submitted to the Office of the Chief Financial Officer via the
eBilling system, by email to <a href="/cdn-cgi/l/email-protection#c086a5a582a9acaca9aea789aeb1b5a9b2a9a5b3ee92a5b3afb5b2a3a580aeb2a3eea7afb6"><span class="__cf_email__" data-cfemail="d395b6b691babfbfbabdb49abda2a6baa1bab6a0fd81b6a0bca6a1b0b693bda1b0fdb4bca5">[email protected]</span></a>, or
by mail to the Office of the Chief Financial Officer at: U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attn: Chief Financial
Officer. For debt disputes related to charges for 10 CFR part 170 fees,
the debtor must complete and submit an NRC Form 529 with the required
information.
(2) For disputes associated with the Executive Order 14300 fixed
fee cap, the debtor must complete and submit an NRC Form 529 with the
required information within 45 days of the NRC written communication
pertaining to the cap. The NRC Form 529 must be submitted to the Office
of the Chief Financial Officer via the eBilling system, by email to
<a href="/cdn-cgi/l/email-protection#98defdfddaf1f4f4f1f6ffd1f6e9edf1eaf1fdebb6cafdebf7edeafbfdd8f6eafbb6fff7ee"><span class="__cf_email__" data-cfemail="75331010371c19191c1b123c1b04001c071c10065b2710061a00071610351b07165b121a03">[email protected]</span></a>, or by mail to the Office of the
Chief Financial Officer at: U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attn: Chief Financial Officer.
* * * * *
PART 170--FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT
LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT
OF 1954, AS AMENDED
0
3. The authority citation for part 170 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 161(w) (42
U.S.C. 2014, 2201(w)); Energy Reorganization Act of 1974, sec. 201
(42 U.S.C. 5841); 42 U.S.C. 2215; 31 U.S.C. 901, 902, 9701; 44
U.S.C. 3504 note.
[[Page 36496]]
0
4. In Sec. 170.3, add the definition for Applicant failure in
alphabetical order to read as follows:
Sec. 170.3 Definitions.
* * * * *
Applicant failure means actions or inaction that--
(1) Are within the reasonable control of a diligent applicant;
(2) Are not due to actions or inaction of the Commission; and
(3) Will cause substantial delays or require a significant increase
in resources, including explicit requests by the applicant to the
Commission to pause or delay review.
* * * * *
0
5. In Sec. 170.11, revise paragraph (d) to read as follows:
Sec. 170.11 Exemptions.
* * * * *
(d) All fee exemption requests must be submitted in writing to the
Chief Financial Officer in accordance with Sec. 170.5, and the Chief
Financial Officer will grant or deny such requests in writing. Fee
exemption requests submitted via email should be submitted to the NRC
at <a href="/cdn-cgi/l/email-protection#680b0e070e0d0d0d100d05181c0107061a0d191d0d1b1c1b461a0d1b071d1a0b0d28061a0b460f071e"><span class="__cf_email__" data-cfemail="6506030a030000001d000815110c0a0b17001410001611164b1700160a10170600250b17064b020a13">[email protected]</span></a>.
0
6. Revise and republish Sec. 170.20 to read as follows:
Sec. 170.20 Average cost per professional staff-hour.
(a) Except as provided in paragraphs (b) and (c) of this section,
fees for permits, licenses, amendments, renewals, special projects, 10
CFR part 55 re-qualification and replacement examinations and tests,
other required reviews, approvals, and inspections under Sec. Sec.
170.21 and 170.31 will be calculated using the professional staff-hour
rate of $337 per hour.
(b) For advanced nuclear reactor applicants:
(1) Fees under Sec. 170.21 relating to the review of the submitted
application for the advanced nuclear reactor applicant will be
calculated using the reduced hourly rate of $154 per hour.
(2) [Reserved]
(c) For advanced nuclear reactor pre-applicants:
(1) Fees under Sec. 170.21 relating to the review of submitted
materials as described in the licensing project plan will be calculated
using the reduced hourly rate of $154 per hour.
(2) This paragraph (c) shall cease to be effective on September 30,
2030.
0
7. In Sec. 170.21, in table 1, revise footnote 2 to read as follows:
Sec. 170.21 Schedule of fees for production and utilization
facilities, review of standard referenced design approvals, special
projects, inspections and import and export licenses.
Table 1 to Sec. 170.21--Schedule of Facility Fees
* * * * *
\2\ Full cost fees will be determined based on the professional
staff time and appropriate contractual support services expended.
For applications currently on file and for which fees are determined
based on the full cost expended for the review, the professional
staff hours expended for the review of the application up to the
effective date of the final rule will be determined at the
professional hourly rate in effect when the service was provided.
Effective October 1, 2025, the ``full cost fees'' described in the
table 1 for advanced nuclear reactor applicants and advanced nuclear
reactor pre-applicants will be assessed consistent with Sec.
170.20(b) and (c).
* * * * *
0
8. In Sec. 170.31, revise table 1 to read as follows:
Sec. 170.31 Schedule of fees for materials licenses and other
regulatory services, including inspections, and import and export
licenses.
* * * * *
Table 1 to Sec. 170.31--Schedule of Materials Fees
[See footnotes at end of table]
------------------------------------------------------------------------
Category of materials licenses and type of
fees \1\ Fees \2\ \3\
------------------------------------------------------------------------
1. Special nuclear material: \11\
A. (1) Licenses for possession and use of
U-235 or plutonium for fuel fabrication
activities.
(a) Strategic Special Nuclear Material Full Cost.
(High Enriched Uranium).\6\ [Program
Code(s): 21213].
(b) Low Enriched Uranium in Full Cost.
Dispersible Form Used for Fabrication
of Power Reactor Fuel.\6\ [Program
Code(s): 21210].
(2) All other special nuclear materials
licenses not included in category 1.A.(1)
which are licensed for fuel cycle
activities.\6\
(a) Facilities with limited Full Cost.
operations.\6\ [Program Code(s):
21240, 21310, 21320].
(b) Gas centrifuge enrichment Full Cost.
demonstration facilities.\6\ [Program
Code(s): 21205].
(c) Others, including hot cell Full Cost.
facilities.\6\ [Program Code(s):
21130, 21131, 21133].
B. Licenses for receipt and storage 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 $1,500.
special nuclear material of less than a
critical mass, as defined in Sec. 70.4
of this chapter, in sealed sources
contained in devices used in industrial
measuring systems, including x-ray
fluorescence analyzers.\4\ Application
[Program Code(s): 22140].
D. All other special nuclear material $3,100.
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].
(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].
[[Page 36497]]
(e) Resin Toll Milling facilities.\6\ Full Cost.
[Program Code(s): 11555].
(f) Other facilities.\6\ [Program Full Cost.
Code(s): 11700].
(3) Licenses that authorize the receipt of Full Cost.
byproduct material, as defined in section
11e.(2) of the Atomic Energy Act, from
other persons for possession and
disposal, except those licenses subject
to the fees in category 2.A.(2) or
category 2.A.(4).\6\ [Program Code(s):
11600, 12000].
(4) Licenses that authorize the receipt of Full Cost.
byproduct material, as defined in section
11e.(2) of the Atomic Energy Act, from
other persons for possession and disposal
incidental to the disposal of the uranium
waste tailings generated by the
licensee's milling operations, except
those licenses subject to the fees in
category 2.A.(2).\6\ [Program Code(s):
12010].
B. Licenses which authorize the $1,500.
possession, use, and/or installation of
source material for shielding.\7\ \8\
Application [Program Code(s): 11210].
C. Licenses to distribute items containing $7,200.
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 $3,300.
to persons generally licensed under part
40 of this chapter. Application [Program
Code(s): 11230, 11231].
E. Licenses for possession and use of $3,200.
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. $3,200.
Application [Program Code(s): 11200,
11220, 11221, 11300, 11800, 11810, 11820].
3. Byproduct material: \11\
A. Licenses of broad scope for the $15,800.
possession and use of byproduct material
issued under parts 30 and 33 of this
chapter for processing or manufacturing
of items containing byproduct material
for commercial distribution. Number of
locations of use: 1-5. Application
[Program Code(s): 03211, 03212, 03213].
(1). Licenses of broad scope for the $20,900.
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 $26,200.
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 $4,300.
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 $5,800.
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 $7,200.
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. $6,300.
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. $8,400.
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. $10,400.
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 $3,900.
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 $7,900.
than or equal to 10,000 curies of
byproduct material in sealed sources for
irradiation of materials in which the
source is exposed for irradiation
purposes. This category also includes
underwater irradiators for irradiation of
materials where the source is not exposed
for irradiation purposes. Application
[Program Code(s): 03511].
G. Licenses for possession and use of $75,100.
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 $8,000.
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 $12,400.
32 of this chapter to distribute items
containing byproduct material or
quantities of byproduct material that do
not require device evaluation to persons
exempt from the licensing requirements of
part 30 of this chapter. This category
does not include specific licenses
authorizing redistribution of items that
have been authorized for distribution to
persons exempt from the licensing
requirements of part 30 of this chapter.
Application [Program Code(s): 03250,
03251, 03253, 03256].
[[Page 36498]]
J. Licenses issued under subpart B of part $2,400.
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 $1,400.
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 $6,600.
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 $8,800.
possession and use of byproduct
material issued under parts 30 and 33
of this chapter for research and
development that do not authorize
commercial distribution. Number of
locations of use: 6-20. Application
[Program Code(s): 04610, 04612,
04614, 04616, 04618, 04620, 04622].
(2) Licenses of broad scope for $11,000.
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 $10,000.
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 $10,800.
calibration and/or leak testing
services are subject to the fees
specified in fee category 3.P.; and.
(2) Licenses that authorize waste
disposal services are subject to the
fees specified in fee categories
4.A., 4.B., and 4.C.\13\ Application
[Program Code(s): 03219, 03225,
03226].
O. Licenses for possession and use of $12,300.
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 $16,300.
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 $20,400.
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 $8,200.
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 $11,100.
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 $13,900.
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
licensed under part 31 of this chapter.
Registration.......................... $900.
R. Possession of items or prod
[…truncated; see source link]Indexed from Federal Register on June 16, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.