ML19241B375

Forwards Fr Notice Re Revised License Fee Schedule for NRC Facility & Matl Licenses

ML19241B375
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Issue date:	02/28/1978
From:	Donoghue D NRC OFFICE OF ADMINISTRATION (ADM)
To:	NRC OFFICE OF ADMINISTRATION (ADM)
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s no, UNITED STATES 8

J +1ti

'( *j NUCLEAR REGULATORY COMMisslON

% K La f f C

WASHINGTON, D. C. 20555 a

a.,\\.,Y,.*

February 28, 1978 IMP 0RTANT THIS NOTICE RELATES TO A REVISED LICENSE FEE SCHEDULE FOR NRC FACILITY AND MATERIALS LICENSES On May 2,1977, the U.S. Nucler.r Regulatory Commission published in the Federal Register for public comment a Notice of Proposed Rule Making which would amend its schedule of fees for facilities and materials appli-cations and licenses.

After consideration of comments received, the Commission has adopted a revised schedule of fees as set forth in the enclosed amendment to 10 CFR Part 170.

The revised schedule was published in the Federal Register on February 21, 1978, and will become effective March 23, 1978.

The revised rule would establish for the first time fees for (1) requests filed by vendors and architect-engineers for standardized design approvals; P') license amendments and renewals; (3) routine safety and safeguards inspections; (4) special projects and reviews (examples include, but are not limited to, topical reports, waste solidification facilities, fuel reprocessing facilities, and amendment or renewal of standardized reference design approvals); (5) requests for approval of spent fuel casks and shipping containers; and (6) requests for approval of sealed sources and devices containing or utilizing byproduct material, source material, or special nuclear material.

Based on comments, the final rule differs significantly in several respects from the May 2, 1977 proposed rule. A summary statement of each change may be found in the enclosure beginning on page 7216 (items 1 through 25).

We wish to draw your attention to the amended Section 170.12, which specifies requirements for payment of fees.

It should be noted that where a fee is required to accompany an application, no application will be accepted for filing or processed orior to payment of the fee.

It should be noted that in cases where no fees are presently being charged, i.e., prior to March 23, 1978, the Commission will exempt fcom fees applications which are found to be complete and acce9 cable provided they were filed prior to the effective date of the amersed rule.

This exemption covers applications or requests filed prior to March 23, 1978, for (1) approval of nuclear steam supply systems and balance of plant 579001

-Ro% c 2G 3 reference designs, (2) special projects, (3) evaluation of casks, packages, and containers used in transportation of radioactive material, (4) approval of standardized spent fuel facility designs, and (5) license amendments and renewals.

Inspections vhich b2 gin prior to March 23, 1978 will also be exempt from inspection fees.

In the case of Part 50 construct'on permits, manufacturing licenses, and operating licenses, where the permit or license review is completed on or after March 23, 1978, the 'evised schedule of fees will apply.

No additional license fees e ill be imposed for applications for Part 30, 40 or 70 licenses where the application was filed prior to March 23, 1978, and the prescrib2d fee was paid under the present schedule.

Questions regarding the revised license fee scheduie should be submitted in writing to:

License Fee Management Branch U.S. Nuclear Regulatory Commission Washington, D.C.

20555 (3

}.

].. t )J

-- X ~

a Daniel J. Don 6 ghee, Director Office of Administration Enciosure-Notice of Rule MaLing f

579002

United States Nuclear Regulatory Commission Washington, D.C. 20555 License Fees Published Federal R.egister. Vol. 43, No. 35 Tuesday, February 21,1978

[7590-01]

PART 174-FEES FOR FACILmES AND MATERI-At$ LICENSES AND OTHER REGULATORY

$ERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, A5 AMENDED Revision of Fee Schedvie AGENCY:

U.S.

Nuclear Regulatory Commission.

ACTION: Final rule.

SUMMARY

The rule which follows revises the Commissian's schedule of fees for applications. permits, and 11-censes. It establishes fees for requests filed by vendors and architect-engi-neers for standardized reference design approvals; amendments; renew-als; routine inspections; special proj-ects or reviews; approval of spent fuel Casks. and shipping containers; and ao-proval of sealed sources, and devices contaming or utilizing byproduct.

source, or special nuclear material.

The fees are b Lsed on the Commis-ston's costs of providing services in ac-cordance with guidelir.es published on Mav 2.1977.

DATE-This amendment will be effee-tive March 23.1978.

FOR PURTIIER INFORMATION CONTACT-Mr. W. O. Miller. Office of Adminis-tration.

U.S.

Nuclear Regulatory Commission.

Washington.

D.C.

20555.301-492-7225.

5790C3

RULES AND REGULATIONS 7211 SUPPLEMENTARY INFORMATION:

1. Fees may be assessed to persoes of the various Cornmission offices and who are identifiable recipients of "spe-identified the special services for cial benefits conferred by specifically which costs were included in fees and On May 2.1977, the U.S. Nuclear identified activities of the NRC. The those r.ctivities for which costs.were Regulatory Commission published in term "special benefits" includes ser-excluded from fee recovery, It also de-the PEDERAL R"cIsTER (42 FR 22149 vices rende ed at the request of a re-scribed the method of fee computa-22168) for public con > ment proposed etpient and all services necessary for tion; discussed the costs of major NRC amendments to its regulations in 10 the issuance of a required permit,11-offices; and estimated the amount of CFR Part 170 which would revise its cense, approval, or amendment, or fees the Commission would collect schedule of fees for facilities and ma-other services necessary to assist a re-under the proposed fee schedule.

terials applications and licenses. It cipient in complying with statutory In accordance with Commission wo ild establish fee for (1) requests Ohligations or obligations under the instructions, the staff analyzed the lhed by vendors and architect-engl. Commission's regulations; funettJns performed and services ren-r eers for standardized design approv-

2. All direct and indirect costs in-dered by each NRC office to deter-als; (2) license amendments and renew. curred by the NRC in providing spe-mine which activities, if any, prosided als; (3) routine inspections: (4) special cial benefits may be recovered by fees; special ben:. fit to applicants, licensees, projects and reslews; (5) requests for

3. It is not necessary to allocate costs or permittees. After each NRC service approval of spent fuel casks and ship.

in proportion to the degree of public was properly categorized, contractual ping containers; and (6) reauests for or private benefit resulting from con-services analyzed, and the professional approval of sealed sources and devices ferring a special benefit on a recipient; manpower figures obtained for each containing or utilizing byproduct.

4. Where the identification of the fee category, the cost per man-year to source, or special nuclear material. specific beneficiary of NRC activity is maintain a profes'stonal employee The notice invited interested persons obscure, the cost of the activity maY (professional man-year rate) was de-to submit written comments for con.

not be included in the cost basis for veloped for the Offices of Nuclear Re-sideration in connection with the pro-fees; hetor Regulation, Nuclear Material posed amendments en or before June

5. A fee shall not exceed the sum on Safety and Safeguards, and Inspection 1,1977. Upon request, the Commission the average of the direct and indirect and Enforcement, and the Advisory extended the comment period for an costs which the NRC incurs in fur-Committee ort Reactor Safeguards, additional 30 days to July 1,1977.

nishing the services for a member of Atomic Safety and Licensing Board On May 12, 1977, the Commission the class of recipients for which the Panel and he Atomic Safety and Li-held a public meeting in Bethesda, fee is assessed; and censing AL ;>eal Panel. These rates Md. Data used in deseloping the pro.

6. Calcu% tion of agency costs shall wtre developed by using (1) each of-posed schedule of fees were discussed be pe' t cd as accurate'y as is rea-ggce.s costa of personnel compensation sont and practical, ard shall be at this meeting and copies of these (salaries), personnel benefits, admints-ex ie f data were provided to all interested

( on s trative support and travel, (2) the person.

ed with the rendering of the type of number of professional employees w ho The Commission has placed in its wem n

as w ng on hns-am' senice to the particular class Public Document Room at 1717

'H ing, inspection, and other special pro-Street, Washington, D C., all manpow-Ig jects (excluding administrative, super-gu elines cetermine whether er, cost data, and more than 200 other or not the Commission may charge a vis ry and management direction em-documents used in developing the fee for a particular service and what pl yees), and (3) the overhead support

chedule of fees. In addition, computer the maximum fee may be In keeping provided by the Program Direction printouts of manpow er usage and with the sense of Congress expressed and Administration and the Program workpapers have be(n made available in the Independent Offices Appropri-Technical Support offices to the Of for inspection at the Commission's ation Act of 1952 that agency activities fices of Nuclear Reactor Regulation, office at 7920 Norfolk Avenue. Bethes-performed on behalf of persons the Nuclear Material Safety and Sale-da, Md 20014.

agency serves "shall be self-sustaining guards, and Inspection and Enforce.

The May 2,1977, notice set tortn the to the full extent possible," the Com.

ment, and the Advisory Committee on Commission's guidelines for fees under mission is generally obliged to impose Reactor Safeguards, Atomic Safety the Independent Offices Approprl-the fees allowed by these gu!dalines and Licensing Board Panel, and ation Act of 1952, 31 U.S.C. 483a. where it is fair and equitable to do so, Atomic Safety and Licensing Appeal These guidelines are based on the Su-The Commission recognizes that in ex.

Panel (operating of fices). To deter-preme Court decisions in National ceptional circumstances fairness ray mine overhead support, the Progra;n Cable Telcrision Association, Inc. v.

require that a fee be set at a Inel Direction and Administration and the United States, 415 U.S. 336 (1974), and below the cost of rendering the ser.

Program Technical Support offices Federal Potccr Commission v.

Neto vice. However, the Commission's dis.

were analyzed to identify what service, England Potccr Company, 415 U.S. 345 cretion to reduce fees for certain ser.

if any, they provided to the operating (1974), and further guidan

'rovided vice categories is limited by the IOAA Offices.

by the United States Cour',f Appeals mandate and by the requirement that Af ter the analysis, tne manpower foi the District of Columbia Circuit in a consistent and fundamentally fair and other costs of the Offices of the National Cable Tclertsion Assoctation, fee structure must accord equal treat.

Secretary, Controller, Management In-Inc. v. Federal Communtcatwns Com-ment to similarly situated recipients of formation and Program Control Ad-mission, 554 P. 2d 1094 '1976); Na tion-agency services.

ministration, Executive Legal Direc-al Association of Broadcasters v. Fed-The fees in this notice are based on tor, and the Executive Director for cral Com m u nica tions Com missio n, these Commission guidelinea Several Operations, were allocated as over-554 P. 2d 1118 (1976); Electronic In-changes have been made, however, in head support to other NRC offices.

dustries Association v. Federal Com the schedule >f fees contained in the Each of these offices, with the excep-munications Commisston 554 P. 2c May 2,1977 notice in response to com-tion of the Offices of Controller and 1109 (1976); and Captfat Citics Com-ments received from the public. Copies Administ re.tlon, analyzed its oper-munication Inc. v. Federal Communi-of the ;omments received by the Com-ations in terms of the support it pro-cations Commission, 554 P. 2d 1135 mission have been placed in our Public videc to the various operating offices.

(1976).

Document Room.

Based on this analysis, er ch of fice al-In summary, the guidelines provide The May 2,1977, notice contained a located' its effort on a percentage that:

description of the functional activities basis. This overhead was applied to FEDERAL REGISTER, VOL 43, NO. 35-TUE5 DAY, FEBRUARY 21, 1978 5?nocq

7212 RULES AND REG 4AT10.45 the total cost of t.he office receiving decisions of the United States Court of cilities and materfals. The research the supnort. The costs for the Offices Appeals for the District of Columbia program develops and analyzes techn!-

of Administration and Controller were Circuit cited above. As the quotation cal information on reactor safety, safe-distributed to all of the NRC offices in the previous paragraph trakes clear, guards, and environmental protection on a pro-rata buis based on distribu-the reasoning of these decisions sup-as a basis for licensing and other dect-tion of manpower. This procedure was ports inclusion of the costs associated alons in the regulatory process. These followed for the Offices of the Con-with the irnplementation of NEPA and activities relate directly to the licens-troller and Administration because the Commission finds these decislam ing of reactors and other facilities; their support is directly correlated to be the better view. Accordingly, the however, because these activities are with the needs of the various NRC of-Ccmmfulon has not changed the generic in nature or because it would fices. Program Direction and Adminis-guidelines upon whieb the fee sched-be difficult to allocate the costs of re-tration and the Program Technical ule is based.

search between various recipients of Support offices excluded from fees am Many comment letters focused on the benefits, the total budgeted cost of the Office of the Commissioners. Gen-the Commission's proposal to charge research has been excluded ($127.5 eral Counsel. Policy Evaluation. In-fees for routine inspections, contend-million in fiscal year 1977).

wctor and Auditor. Congressional Af-ing for the most part that fees should

2. Generie hcensing actit itics.-The 12.,cs.

Public Affairs. Planning and not be charged for the conduct of rou-Commission reviews many safety Analysis. Equal Employment Opportu-tine inspections since the benefits of issues on a generic basis, t.e., issues not nity, and International and State Pro-those inspections accrue solely to the readily identified with a specific appli-grams.

public and because inspections provide cation or group of in-house applica-no "special benefit ** to the licensees. tions. This mesns that a significant Couvarrs Some argued that inspections are (1) portion of the NRC professional staff Several commenta con'. ended that not part of the process of obtaining a is reviewing licensing or inspection the proposed fee senedult was incon. license, (2) not services requested by li-matters for whkh no costs were in-sistent with the guidelines established censees, and (3) not justified, because cluded in fees because there is no hn-by the Un'ted States Sup erne Court inspections are conducted solely to mediate identifiable recipient. In fiscal in National Cable Teleriston Assoct, enable the Commission to meet its year 1977, the budgeted costs of these ation, Inc. v. United States, 415 U.S.

statutory obligation of assuring that services were estimated ic * - $30.6 336 (1974), and Federal Ibicer Com.

licensed activities are conducted in a m '40n.

mission v. Netc England Potter Con.

manner so as to protect the public's tdards det'e: 1pment-These pany. 415 U.S. 345 (1974). In partica. health and safety. ';he Commission L

_ _ _over site saf t '.y and environ-lar, they argued that the activities for believes thew argumente.,verlook the mental impact standar ts for nuclear which the Commission contemplated essential point that continuing assur-facilities; safety enginee -ing standards charging fees benefited not only the lj.

ance that the licensed activity is being for der Tn. procurement, constuction, censee, but also the public and that properly conducted is a necessary con-testing, operation and lecommission-the Commission may not. asses s the 11-dition under the Atomic Energy Act ing of rauclear power p'ints; fuel cycle censee for those services 9:hich bene. for a license to remain in effect. Rou-facility safety engine. -ing standards; fited the public.

tine insnections give the IIcensee the safeguards standards icr physical pro-The United States Court of Appeals opportunity to provide this assurance. tection and control of nuclear materi-for the District of Columbia Circuit re,.

Thus, the conduct of routine inspec-als and facilities; standards for safe jected this argument in Electronte In-tions comes under the Commission's trangart of radioactive materials in dustries Assoetation v. F.C.C., 554 F.

guidelines for assessing fees to persons medical, industrial and consumer 2d 1109 (1976 L The court explicitly en-who are identifiable recipients of ser-products; and radiation protection dorsed a Federal Communications vices which are necessary to assist a standards. These standards are sup-Commission assertion that: "The f act recipient in complying utth statutory portive of the NRC licensing and in-that the general public may alse bene-obligations or obligations under the spection programs. None of the budg-fit by Commission authorization of Commission's regulations.

eted costs of these services ($18.2 mil-such activities, in that the activities Several persons commented that the lion) are recovered by fees since they may directly or indirectly provide a Commission was attempting in the r.re not limited to specific applications service to the public, does not limit proposed fee schedule to recover the

.,r classes of applications.

the Commission's authority to charge full cost of licensing and inspection

4. Safeguards.-A significant part of a fee to the recipients of the services services and other persons contended the NRC safeguards effort is con-that will allow those services provided that the schedule was designed to re-cerned with the develop nent of con-by the Commission to be operated on a cover the full costs of regulatory ser-tingency plans to deal with threats, self-sud aining basis as mandated by vices. It was suggested that this per.

thefts, and sabotage; assessment stud-Title V (of the IOAA)." 554 F. 2d at ceived policy exceeded the IOAA ma'.1-les; and the monitoring, testing, and 1114.fn.12.

date to charge culy for specific ser-upgrading of safeguards systems.

Several comments cited a Federal vices rendered to identifiable beneft-These activities, which were budgeted district court decision, Public Sertice claries. The fact is that if the revised at $7.1 million for fiscal year 1977, Company of Colorado, et al v. Andrus, schedule had been in effect in fiscrl have been excluded from recovery be-et al, No. 76-F-48 (D. Col. May 31, year 1977, the Commission would have cause they are generic in nature. The 1977) as authority for the contrary recovered approximately 12 percent of remaining safeguards effort is con-proposition that an agency tray no' its fiscal year 1977 budget.

cerned with processing license applica-recover througl fees the cost of a ser-Af ter analysis of benefits and beneft-tions and inspection casework and, vice which benefits the public as well claries, those NRC activities and ser-therefore, provides benefit to the ap-a.s the licensee. The case held that vices that have been determined to be plicant and licensee. The $5 8 million agency costs associated with the im-excludable from cost recovery are:

in budgeted costs for these programs piementation of the National Environ-

1. Research.-This covers all NRC re-were included for fee consideration.

mental Policy Act (NEPA) cannot be search activities includirg the regula-

' 5. Contested applications.-Part 50 collected from licensees under the In-tory confirmatory assessment program applications for facilitier may be sub-dependent Offices Appropriation Act ($85 million in costs) which deals spe-jected to contested hearings and ap-because NEPA primarily benefits the cifically with NRC decisions for the peals under the Commission's regula-p ublic. The Commission views this safe and environmentally compatible tions. As a matter of policy, the Com-result as inconsi. stent with the recent operation and protection of nuclear fa-mission has determined that to the FEDERAL REGISTER, VOL 43, NO. 35--TUf 5 DAY, FIBAUARY 21, M78 t~ ^

P t

d i u@Lf G ej

RULES AND REGULATIONS 7213 extent the costs of contested hear

osts are recoverable under another sion guldennes for feca were approxi-exceed those of uncontested hearw. program. Dudgeted costs of $0.2 mil-mately $53.2 milUon in fiscal year these costs would not be recovered Ifon were excluded.

1977. Under this revised schedule, it is through fees.

The Commission's

14. The costs of provid!ng services anticipated that the Commission budget costs in fiscal year 1977 for under *he Freedom of Information would recover approximately $30 mil-contested he -ings are estimated at Act, Privacy Act, and the Federal He-lion of its Fiscal Year 1978 budget of

$5.6 million.

ports Act, have been excluded from $2fl.4 million and $20 minion of the 6.

Interna fional and State Pro-fees. Buogeted costs of $0.5 milUon Fiscal Year 1979 bL get. The reasons grams.-These programs are responsi-were excluded.

for the small percent ge of recovery in ble for the development and imple-

15. The costs of special profects in relation to the NRC budget are three-mentation of plans, policies and pro-the Office of the Executive Director fold- (1) Approximately 80 percent of grams for the coordination and inte-for Operations were excluded since the regulatory services have been de-gration of Federal and State regula-they are not directly concerned with terrnined to fall outside t.he guidelines tion of nuclear materials and facilities, licensing or inspection services. Bud-for fees, (2) specific activities such as and for the negotiation and Implemen-geted cests of $0.1 miUlon were ex-the review of an application for a con-tation of regulatory and safety pro-cluded.

struction permit for a power reactor, grams and information exchange with 16.

Capital equipment budgeted extend over a period greater than one other countries. As a matter of Com-costs of $0.8 million, which cover in-year, and (3) the revised schedule mission polley, their budgeted costs of spection vans, radiation monitoring would not be in effect for the entire

$2.9 million are excluded from fees.

equipment, instrumentation, reproduc-fiscal year 1978.

7.

Non-rok tine inspectio ns.-Non-tion equipment, etc., were excluded One person commented that over-routine inspections are concerned with from fees.

head or support costs should be ex-incidents, investigations, or allegations Based on the Commission's guide-cluded from fees since such activities involving licensed materials or facill-lines and a detaHed analysis of the reg-provide no benefit to appucants and li-ties; reports that have been made al-ulatory services provided by NRC, censees. It is common practice in busi-leging unusual occurrences pursuant $199.4 milUon, or approximately 80 ness and industry to include in a fee or to Part 19; management-audits; and percent of the Commission's budgeted charge for consultation, service or enforcement activities. These activi-regulatory costs, were excluded from product, an portion of management, tks, which are unscheduled. have not consideration for recovery because the space, communications, and adminis-been included in fees based on Com-services do not provide special benefit trative costs. It is reasonable to in-mission policy. Budgeted costs for this to applicants or licensees, because the clude in the fee base that portion of program are $1.6 milhon.

recipient of the benefit is not readily overhead costs incurred in support of

8. Establishment Q/ orierall policy, identifiable, or because the program is professional staff work on applica-admmistration araf mancqement of conducted on behalf of the public..lons Iicenses, and inspections.

NRC by the Offter of tac Commission-Those regulatory services which pro-Several vendors and orchitect-engi-ers.4ince it is not practical to isolate vide special benefit to appHcants and neers who have filed standardized ref-and allocate the services of this office licensees include:

erence designs for power reactors for to individual activities. the budgeted costs of this office ($1.3 miBion) have I. The processing and reviewing of review and approval contend that the not been used in fee computation.

appHeations or requests for construc-schedule of fees fails to provide an in-tion permits, operating licenses, manu-centive for the industry to standardize facturing Ucenses, materials licenses, and, in fact, may serve as a disincen-p s ar s

e not i ec y a endments, renewals, approval of tive. They note that the sched tions or routine inspection activitJes standardized reference designs, special fees does not show a savings ;,ule of concerned with the review of applica-r and their budgeted costs totaling $1.9 projects (such as early site review, effou, required to review and a

.ove minion have been excluded from fees. topical report revie ws, and amend-a standard design or phant when com-

10. The activitjes of the Offices of ments or renewal of standardized ref-pared to the effort required for an ap-Inspector and Auditor ($1 million), erence design approvals), approval of plication for a power plant that em-Congressional Affairs ($0.2 million), packages and containers for shipping bodies a custom design nuclear steam Pubhc Affairs ( $0.7 million), and ra toactive materials, a.nd evaluation supply system and balance of plant.

Equal Employment Opportunity ($0.2 of ; aaled sources and devices contain-The primary difference in resiew re-minion), have been excluded from cost, ing or utilizing radioactive material. quirements for custom and standard recovery because the activities are not The NRC's budgeted costs of provid-designs arises from the treatment of concerned with the review of applica-ing these services are $30.9 miIUon.

Interfaces betwen the standardized tions or routine inspections and These services are provlu 1 by the portions and the custom portion of the appear to constitute an independent reactor licensing staff ($22A c.fluon ;

plant. In the custo:n plant there are public benefit.

raaterials and non-reactor facilities h-no interface problems between the nu.

11. The legal sertice provided by the censing staff ($6.4 million); the Adviso-clear steam supply system and the bal.

Office of the General Counsel and its ry Committee on Reactor Safeguards ence of the plant because the unit is services in contested hearings and liti.

($1.3 mHHon); and the Atomic Safety reviewed as a complete package. In the gation is excluded from fees because and Licensing Board Panel and Atomic standard plant the nuclear steam the services. except those involved in Safety and Licensing Appeal Panel in supply system design must be evaluat-contested hearings, are not directly their licensing effort ($0.3 million).

ed and described so that it can be re-concerned with the licensing and in-2.

Routine health, safety, safe-ferenced by any cne of several difier-spection process. Commission policy guards, and quauty assurance inspec-ent balancoof-plant systems. This provides that tiu services of the Office tions. The NRC's budgeted costs of means that all portions of the nuclear of the General Counsel in contested providing these services are $22.3 mil-stearn supply system that must be met heanngs are to be excluded from fees.

lion.

by the balance of the plant must be Total exclusion is $0.6 million.

The costs of licensing and inspection pulled out and identified for future

12. All activities related to govern. include the costs of professional man-reference and compatibility.

ment owned reactors were excluded. power and their overhead and support The standard reference design also Budgeted costs of $0.1 mlHlon were ex-costs.

differs in that more complete prelimi-c!uded.

NRC services which provide special nary design information is required.

13. The costs of the facility indemni-benefit to appheants and IIcensees and Because of these situation- 'Te man-ty program were exch.ded since these that meet the criteria of the Commis-power is reflected in hi t review FEDEJLAL REGISTEJt, VOL 43, NO. 35-TUE5 DAY, IEERUARY 21, 1978 5730C6

7214 RULES AND REGULATIONS costs for standard designs at the con-the class definitions so that they charges, and thus, have revised the in-struction perrrat stage. Since standard-would be more specific The schedule spectlon fee schedules accordingly to ization in the nuclear power industry in 0170.22 has also been revised to pro-show the maximum number of charges is in the developing stages, it is reason-vide that, at the time an applicat!,n which will be assessed against a license able to assume that the NRC staff for amendment or other required ap-during a specified period.

may have been in the upper part of a proval is filed, the applicant shall de-One person commented that the pro-learning curve with respect to the termine the class of amendment or ap-posed schedule of facility fees did not review and evaluation of such applica-proval being filed, state the basis for recognize the case of a duplicate plant tions when the manpower averages the classification and remit tne corre-project utill.ing a reference nuclear were developed for these' facilities. sponding fee with the application. The steam supply system and a balance of The Commission believes that as stan-Commission will evaluate the app!!ca-plant. This approach to standardiza-dardization increases, the review time tion or request to determine accuracy tion is covered by i '70.21. fee Catego-and, hence, the accompanying fees will of the fee classification and inform ry A.4.b.

decrease. It is also expected that, as the applicant if reclassification is re-It was suggested by one person that experience is gained by the industry, quired. Wher* a realassification p NRC costs incurresi in the review of the NRC effort required to process ap-sults in overpt, ment by the applicant, applications for approval of standard-plications for standard desigrs and a refund will be made. If the reclassifi-ized reference designs filed by vendors standardizad plants will decrease be-cation results in placing the applica-and architect-engineers be incorporat-cause *terface problems will be re-tion into a higher fee class, the appil-ed in the charges assessed to a utility solved, and custom and standard plant cant wd be billed for the additinnal filing for a construction permit for a designs will approach each other with charge. The Commission's processing nuclear power plant. The writer regard to completeness of preliminary of an application or request by consoll-argued that the utility is the ultimate design. Because of the changing state dation or by separation into parts will recipient of any benefit of standard-in standardization, and reactor licens-not result in increased charges. The ization. We have not done this because ing, the charges for all construction processing of an application for an vendors and architect-engineers file permits and operating licenses; facility amendment or approval will not be de-the applications and request approva i manufacturing licenses; and for review layed pending resolution of proper fee of their designs and are ' erefore tb s of Preliminary Design Approvals and pay nent: Provided, The applicant has identifiable recipients of special benF Final Design Approvals (including classified the application and remitted fits conferred by NRC approval of amendments and renewals thereto) what it believes to be the correct fee.

standardized reference designs, will be based on the expenditures for Proposed $ 170.22 provided that One person commental that any profevlonal manpower and appropri-amendments or approvals resulting fees paid for an early site review ate support services required to pro-from Commission Orders issued pursu-should be deducted from the charge cess the specific applicat10n. The re-ant'to 10 CFR 2.204 of this chapter, or assessed for a construction permit. We spective fees will be determined when amendmants resulting in an iritial in-agree that, where an application for a the review of the project is completed. crease in power to 100 percent of the construction permit is filed proposing It is impertant to realize that, in the initial design power, are exempt from to build a facility on a site which has standardization of nuclear facilitics, fees. The section was amended to pro-been approved for a facility by the the significant benefits to industry vide that, in additlan, the Commission NRC, and a fee has been paid for the would be predictability, repeated use will consider exempting from fees early site review, the fee will be sub-of a design, and commonality in analy-those applications for amendments in tracted from the chstge imposed on sis, procedures, and purchase specifica-Classes I, II, and III, when the applica-the applicant for the construction tions. Additionally, as these benefits tion results from a written NRC re-permit. In no instance will an appil-develop, licensing time and costs quest for an application to amend a 11-cant be required to pay more than one should decrease.

cense; provided, however, that the re-fee for review of a single site, except It should be noted that, with respect quest is to simplify or clarify license or eiere the time lapse since the review to the licensing of a standard nuclear technical specifications, the amend-is mch that an update of the review power plant, much of the effort re-ment has no, or only minor safety sig-most be completed.

quired to process the application is in-nificance, and the amendment is Two parties conunented that it dependent of the standardization issued for the convenience of the would be unfair to assess fees for Pre-option. The effort related to environ-NRC. Examples 01 such amendments liminary Design Approvals and Final mental, antitrust, and safeguards rth would include, but are not limited to, Design Approvals for standardized ref-views and considerations as well as conversion to standardized technical erence designs where the application quality assurance inspections and eval-specifications, revision of reporting re-was on file prior to the effective date untions, considerations of the Advisory quirements, Commission Initiated of this notice. As of December 16, Committee on Reactor Safeguards, changes to simplify interpretation of 1977, the Comrnission has reviewed and hearings, are independent of the specifications, and ret toval of unneces-and issued 11 approvals without as-type of plaat or design.

sary technical specifli ations after sat-sessing fees. To be fair and equitable It was observed by one Derson that isfactorily completing environmental in those cases where no fees are pres-the proposed schedule of facility fees studies.

ently being charged, the Commission did not contain a schedule of fees for Several persons commented that the will exempt from payment of fees (1) renewal of licenses for test and re-Commission should specify a maxi-approvals of Preliminary Design Ap-search reactors. It is intended that re.

mum level of inspection frequency provals and Final Design Approvals, newals of such licenses will be handled rather than a minimum frequency so (2) special projects, e.g., early site re-by amendments under the appropriate that llcensees would know how many views, topical reports, and amendment class in the license amendment schbd-inspections would be performed in a or renewal of Preliminary Design Ap-ule of f 170.22, and that a separate fee given period of time, as well as the provals and Final Design Approvals, rchedule is unnecessary.

costs thereof. Sorne licensees argued (3) approvals issued for the evaluation At was suggested that the six classes that unless a n'aximum inspection fre-of casks, packages, and containcts, of amendment fees for facility per-quency was provided for in the rule. used in tra nsportation of rarloactive mits, licenses, or approvals, be revised the NRC could perform numerous in-material a..d (4) approvals for stand-for clarification purposes. The licens-spections at will and charge the licens-ardized spent fuel facility design pro-ing staff has reviewed the classes of. ees for each inspection. We agree that vided such complete and acceptable amendments and made revisions to the rule should provide for maximum applications were filed prior to the ef-FEDERAL REGt1TER, VOL 43, NO. 35--TUf 50AY, FEBRUARY 21, 1978 579007

RUUS AND REGULATIONS 7215 f eetive date of this notice. In those the rulel for each of the first five m!aor amendment fees may not be cases where no fees ;re presently units of the approved design as they fair. The proposed fee schedule did being charged for license amendments are referenced in applicatiom filed by deffne t.he two classes of materials 11-and license renew als, and w here a m utility or uttlities.

cense amendments.11ecause of limited complete and acceptable application Several t)arties argued that collec-licensing experience in the fuel cycle for amendment or renewal is filed tion of fees for regulatory services area, commercial waste disposal by prior to the ef fective date of this may lead to inefficiency and redun-burial, and the evaluation of packages notice, the Commission will exempt dancy in NILC's review of applications. and containers used in transportation the application from fees.

This argument appears to be without of lleensed material, the fees shown in In the case of Part 50 construction merit. The Commission is conunitted the schedules will be the maximum permits, manufacturing licenses, and to the expeditious review of each ap-charges and the fee will be based on operating licenses, where the permit plicatlon; howefer, the review must be the actual eypenditures for profession-or license review is completed on or conducted within the established n; manpower and appropriate support af ter the effective date of this amer.d-guidelines and regulations of the NILC services.

ment to Part 170, the revised schedule and applicable statutes. In addition, Several persors commented that of fees shall apply. Under the present the Commission is committed to the Category 11, the fees fcr review and regulations in Part 170, the applica-effective use of its resources and ac-approval of shipping pitckages and tion fee for Parts 30,40 and 70 licenses cordingly, budget and staffing propos-centainers, should be broadened to dif-covers the review and licensing proc-als are carefully reviewed by in:ernal ferentiate between small and large ess. Accordingly, no additional license review committees, by the Commis-shipping containers. The proposed fees would be imposed on those app 11-sion, by the Office of Management rule has been rnised to take into ac-cations filed prior to the effmtjve date and Budget in the Executive Office of count the various types of shipping of this amendment.

the President, and by the Congress.

containers on the basis of the decay One person questioned how charges Several persons commented that the heat for spent fuel casks. The number would be determined for facility Ref-NitC's asses.a g of fees, while the of categories has also been expanded n

erence System Preliminary Design Ap-Agreement States do not, puts the to make a distinction with respect to provals and Final Design Approvals Commission licensees at a competitive the quantity and form of radioactive when more than one standard design disadvantage with IIcensees operating material that may be present in the is included in a single application. The under Agreement State licenses. The sh!pping package and whether the point w as made that it would be unfair extent and significance of this prob-contents of the package are fissile.

to charge a full fee for each approval lem is not serious because at this time, Numerous mileges and universities uhen there is likely to be an amount several Agreement States have license questioned whether nonprofit educa-of commonality in designs. The charge fees and it is expected that other tional institutions would be required for vendor and architect-engineer states will adopt a fee program. The to pay licere.e, amendment, and inspec-standard design approvals sill be Commission has furnished model 11-tion fees for research reactor facilities ba. sed on the expenditures for profes-cense fee legislation to all 50 states under the proposed schedule of fees stonal manpower and appropriate sup-and to the Council of Statc Gosern-when the facility is used sor purposes port serilces required to review the ments. In addition, there are few in-other than teaching. training or medl-particular applicNon with an upper stances where Commission beensees cal activities. They argued that to cetting specified in the rule. The are in close and direct competition inipose such charges may in some in-charge for the approval of a single with Agreement State licensees. Fir.al-stances jeopardize their research pro-design will not exceed that shown in ly, assessment of fees here is consis-grams. On the other hand, there were the fee schedule (application fee plus tent with the judicial guidelines uti-also comments from industry that it appro al fees. When one application 11 zed in promulgating this fee sched-was unfair for an educational institu-for a i~ Ilminary Design Approval or ule.

tfon to use a research reactor for com-a Fir Design Aprroval contata more One person commented that the mercial purposes in competition with (nan one design, the addnional appro-length of time is too short between re-private industry without being subject uP are subject to a maximum fee newals for materials licenses, and that to the payment of license and inspec-which is the sum of the application fee renewal fees should be deleted since thn fees. Currently. there are 54 col-and approval fee. Consequently. where the renewal of a materials license can leges and universities licensed by the a design tas commonality uith a pre-be addressed as an amendment.

Com' 'ssion to operate research reac-viously apf roved desMn. the reduced The matter of the length of time be-tors the Commission does not have effort will be :cflected in the charge. tw een issuance and expiration of a 11-cat concerning how extenshely these Where a ' re'iminary Doign Appr~al conse is not directly related to fees. It facilities may be used for purposes or Final DeQ n Approval is amended is noted, however, the staff is current-other than teaching, training, or medi-rr renewed the amendment fee or re-ly reviewlag the five-year renewal re-cal. It is not practical to resolve this newal fee will be based on expendi-quirement for materials licerses. With mitter with this amendment to Part tures for professional manpower and regard to whether or not a separate 170. The Commission ill pursue this appropriate support services required fee category is warranted for renewals, matter at a later date and issue a sepa-and be considered as a special project. It should be noted that the nature and rate notice.

Two partleo suggested that the co-scope of license renewals and license Several parties argued that the Com-lection of fees for Preliminary Design amendments are sufficiently different mission thould not impose fees on ven-Approvals.nd Final Design Approvals to warrant categorizing them separate-dors and architect-engineers for review be deferred until the design is sold and ly. License amendment reviews nor-of facility topical repor' L These re-a construction permit issued and the mally tocus on one or more narrow as-ports deal with sutdects such as fee be spread over several units. The pects of a licensed operation, while a design, analytical models, or t ec h.

Commisalon has decided that collec-license renewal involves a broad review niques or p?rformance. testing of com-tion of retlew costs for Preliminary of nearly all aspect.s of licensed oper-ponents. and systems o ' nuclear power Design Approvais and Fina' DesMn ations.

plants, which can be resiewed indepen-Approvals will be as follows: the appil-Two persons commented that the dently of any specific leense applica-cant will be required to remit an appll-terms " major amendment" and " minor tion for a construction permR or oper-cation fee of $50.000 with the applica-amendment" fc.

materials licenses sting license. The basis f or the argu-tion and pay 20 percent of the remain-should be defined and that the cost *,ent is that these reports benefit the ing review costs (which are limited by difference between the major sad commission's licensing process and FEDERAL REGISTER, VOL 43, NO. 35-TUESDAY, FEBRUARY 21,1978

[h t 'A f,

.I

1216 RULES AND REGULATIONS i e utility by reducing the time re-contrast, inspection for a reactor is not be assessed for a site review where Q. ired to procea a permit or lleense, concerned with control and account-the person requesting the review has 7 ney argue that imposition of fees for abiliti involving only verification of an application for a construction topicals may discourage the submis-sealed fuel element inventory and permit concurrently on file for the sion of such reports since the vendor burn up calculations and physical se-same site, except where the applica-and architect-engineers are not par-

curity, tion for the construction permit is ticularly interested in this review Several parties commented that fees withdrawn by the applicant or denied system in any event.

should be related to ravenue earned by by the Commission.

The May 2, 1977 notice left the the licensee or to the volume of sales

5. The classes of amendments for fa-charge for topical report reviews open; so that, smaller businesses pay lower cility permits, licenses, or approvals, to be based on actual expenditures for fees. The Court of Appeals found that have been re 1 sed extensively. Al-professional manpower and appropri-the value conferred standard means though six classes remain, the descrip-ate support services with no upper that the fee assessed cannot exceed tions have been amplified and c:ari-limit. The topical rep)rt review in-aproximate costs to the agency ren-fled. The footnote in $ 170.22, which volves the evaluation of an application dming the service. Fees based on rev-would exempt from fees amendments filed by a vendor or architect-engineer, enue or the volume of business would Lssued pursuant to Commission orders.

It comes under the Commission's not conform to the Court's guidance has been broadened to provide that guidelines for wessing fees to persons because these variables are unrelated Classes I, II, and III amendments, who are identifiable recipients of spe-to the NRC's costs of performing the which result from written NRC re-cial benefits conferred by specifically service, quests, may be exempted from fees at identified activities of the NRC. The It was suggested by one person that the discretion of the Commission Commission has decided to assess fees the new schedule should include a pro-when the amendment is issued for the for topical reports because the service vision for situations where the licensee convenience of the Commission.

provided in the review of the applica-places a licensed plant in a standby sit-

6. The definition of special projects tion or report falls within the guide-uation for an indeterminate period. has been broadened to cover applica-lines which were based on the court's This situation would be handled by 11-tions or requests to amend or renew decisions. The Commission has, how-cense amendment, When a plant is Preliminary Design Approvals or Final ever, set an uppe-limit of $20,000 for placed in standby, the license may be Design Approvals for standardized ref-a topical report review because it be-modified to authorize " possession erence designs filed by vendors and ar-

~

lleves that the submission of topical only" and this would be considered a chitect-encineers. Accordingly, fees for report requests should not be discour-minor amendment. When the licensee such applications or requests will be aged by the possibility of an open-plans to resume operations, the license based on actual expenditures for pro-ended fee. In this exceptional circum-would be amended to authorize "pos.

fessional manpower and support ser-stance the Commission has. therefore, session and use".

vices.

set a maximum fee for the topical

7. The schedule of inspection fees report review. It is to be noted that CHANGES INCORPORATED IN FINAL RULE has been modified to show the maxi-the upper limit applies equally to all

1. The schedule of facility fees has mum number of charges which will be persons who request topical report re-beeri revised to provide that chs ;es assessed against a license during a views and is consistent with the guide-for t, nstruction permits, operating 11 specified period. The proposed sched-

lines, censes, f acility manufacturing licenses, ute did not set an upper limit. Licens-One licensee commented that the review of standardized reference de-ees may be inspected more frequently steady-state power, which character-signs filed by vendors and architect-than shown in the schedule, however, tzes a research reactor, is the level engineers, and topical rrport reviews the number of charges will be limited which the Commission should use in will be based on the "penditures for ty the schedule.

setting the frequency of routine in-professional manpower and appropri.

8.

Several new fee subcategories spections. The classification of each 11-ate support services required to pro.

have been developed for Category 111 censed research reactor is described in cess the application or recuest. Such licenses which authorize the receipt the Commission inspection manual charges will not r%eed the fees shown and storage of spent fuel. The new cat-which is in the Commission's Public in i 170.21.

egories take into -

tideration factors Document Room located at 1717 II

2. A new term " Advanced Reactors" which affect the scope of the licensing Street. NW., Washington, D.C. This has been added to $ 170.21 and will re-review. This includes whether or not classification is based on various char-place the category identified as tl e facility will be based on an ap acteristics of the facility as they relate " Breeder Reactots". The new category proved standardized design or a to safety and,in general, are related to is defined as any nuclear reactor con-custom design, and whether the facili-licensed steady-state power levels. As cept other than light vater reactors ty will be located on a site for which suqested steady-state power will be and high temperature gas cooled reac-an environmental and site safety used to determine the frequency of in-tors and will accommodate new reac-review have been performed and docu-spections for research reaciors.

tor concepts which may be submitted mented when the license application is One person commented that it is in-to the Commission for review.

filed with the Commission. A new fee equitable to propose a safegaards in-

3. The category identified as Fuel Category 12, covering tne review of a spection fee for a reactor fuel repro-Reprocessing Complex has been de-standardized spent fuel faaitty design, cessing facility that is substantially leted in Proposed 170.21 E. Any pro-has been established. The new catego-higher than the fee for a power reac-cessing of such applications in the ries will accommodate the new stan-tor. Most of the difference in fees future will be handled as special pro-dardization concept in licensing.

result from costs attributable to the jects.

9. Several new fee categories have inspection of the material control and

4. Footnote 4 of f 170.21 (previously been developed for the review of pack-accountability aspects of the licensee's designated footnote 10) has been re-ages and containers used in the trans-program. This is directly related to the vised to provide that, where a fee has portation of licensed radioactive mate-fact that considerable special nuclear been paid for a facility early site rials. The new categories are designed material is in an uncontained state review, the charge will be deducted to cover the smallest practical units while in various process streams and, from the fee assessed for a construc-used in transportation.

therefore, is much more vulnerable to tion permit issued for the approved

10. Materials Ikense fee Categories theft and/or diversion through sabo-site. Also, the revised footnote clarifles I A through 10, 2A through 2C, and tage in a fuel reprocessing plant. By the intent that a separate char-

• will 4 A, of i 170.31 have been modified to FEDERAL REGISTER, VOL 43, NO. 35-TUESDAY, FEBRUARY 21, 1978 579009

RULES AND REGULATIONS 7217 split the application fee shown in the

18. A footnote has been added to of $50.000, and to require the approsal proposed Thedule into an application 1170.32 w hich prm ides that, w here fee to be paid in five installments fee and license fee. The total charge more than one perrnanent radiog r a-berd on pa> ment of 20 percent of the Alll remaln the same as show n in the phy instalb. tion is shown on a materi-fee for each of the first five units of hia) 4 1977 notice. The modifications als license as authorized locations of the approsed design referenced in an make the method of assessing fe es for use, a separate fee will be assessed for appliention filed by a utility or utili.

fuel cycie applications and beenses the routine inspection of ?ach loca-ties Approval fees for adihtional de-consistent with that used for Part 50 tion, provided, howeser, that if the signs, filed in a single application are f acilit y 1: censes.

multiple installations can be inspected subject to a maximum fee w hlch is the

11. The definition of materials it-during one visit a single inspection fee sum of the application fee and the ap-cerbe fee Categorie s I A.1C ID.1F, will be assessed.

proval fee.

1F, and 10 of 6170.31 and i 170.32

19. The regulation in i 170.12 con-have been modified to make the lan-cerning the remittance of fees by ap-Itt'LFM AKING PETIT!oNS guage consistent with Part 173.1 and plicants ant 'censees has been revised On hf ay 2, 1974, Conner. IIadlock E"

equis alent sections ot Patt 70 with re-in its ente y to accommodate the and Knotts, a Washingten. D.C., law spect to safeguar(is application re-amended ru firm filed a petition f or rulemaking quire ments.

20. The schedule of amendment fees on behalf of 13 eIcetric utilities with

12. r'uotnote 1 to I 170.31 has been for materials license Categories IA the Nuclear llegulatory Commission revised to provide that an application through III 2A through 2C, 4A and (at that time the Atomic Energy Com-for a license, license renc val, or ll-411. and 11 A through 11D, have been mission) to amend the license fee cense amendment, covering more than modified to add fees for "Administra-schedules specified in 10 CFit Part 170 one fee category of special nuclear ma-tive" type amendme :s. Footnote 3 to by reducing the fees for nuclear power terial, except Category lli (spent fuel i 170.31 has been amt nded to define reac tor licenses. The petition cited the storage). will be subject to the catego-administrative amendments.

The March 4, 1974 decisions of the Su-ry having the highest fee, prcaided, modification will accommodate those preme Court, referred to pret iously.

however, the use of the material is requese from Heensees w hich are rou-This petition was docketed as ItPM

• confined to one location The purpose tine or admin!strative in nature (e g.

170 2 and a notice was published in of this change is to clarify the intent name changes, minor word changes in the ProEnn ItrcisTrn on May 21.1974.

of the Commission to limit fees to the licenses or approva' e t c. ).

In a Icttet dated February 7,1975, direct and indirect costs of the licens-

21. The proposco mendment fee for the petitioners moved the Commission ing review or inspection.

materials fee Categ,ry 2B has been re-to limit fees to be charged in the

13. I 170.31 has been revised to clari-designated as a major safety and enyl-futurt to the amounts specified in fy the intent (Lat applications for 11-ronmental amendment fee. A new cat-their petition of May 2,1974. with re-conses to manufacture and distribute egory designated as minor safety and spect to applichtion fees, construction encapsulated byproduct material or environmental amendment has been permit fees, and operating license fees, special nuclear taaterial Nr use in estab!1shed for fee purposes. These until the matter of appropriate fees is power generation are not subject to changes make the amendment fees for finally resobed by court or legislative the charges in fee Categories IJ and Category 2B consistent with those es-action and to consolidate into Docket m

3A. A l2.0 fee Category 10 covering tabl!shed for other major fuel cycle 11-PitM-170-2 the Commission initiated power sources has been revised to clar-censes.

rulemaking proceeding regardmg the ify that reactor start-up sources are

22. Footnote 4 of 1170.21 (previously proposed amendments to 10 CFit Part not ansidered sources used for power designated as footnote 101 hrs ken 170. The Commission denied the pett-generation.

broadened to provide for a maximum tioner's request for a terqporary reduc-

14. Fee Categories ID through 10 fee of $20,000 for the review of a topi-tion of fees as made hCThe request to *

• and 1J have been reviced to clarify the cal report. The f'e will be based on consolidate Docket PitM-170-2 wit h intent that these categories cover 11 actual expenditures incurred 'or pro-the Commission's ongo!ng rulemaking conses which authorize research and fessional manpower and support ser-proceeding in connect %n with the pro-development and that the radioactive sices. The fee in the proposed sched-posed amendment or 10 CFIt Part 170 material is in an unsealed form ule was open-ended.

(40 Vit33736).

15. A footnote has been added to

23. Footnote 1.d. of i 170 31 has been The Nuclear Itegulatory Commission i 170 31 which specifies that an appli-revised to prostde that the Commis-has deseloped a revised schedule of 11-cant for a license or license amend-s!on may exempt from fees applica-cense fees in 10 CFil Part 170 consis-ment which would authorize both by-tions for amendments to materials 11 tent with the holdings of the Supreme product material and special nuclear censes and approvals which result Court decisions and the United States material contained in scaled sources from a written NitC request and the Court of Appeals for the District of for use in gauging devices will pay a arrendment is issued for the co tve Columbia Circuit in its December 16, J

single fee under fee Category II. This nience of the Commission.

1976 decisions in the Federal Commu-change takes into account the Com-

24. Footnote 4. of 1170.31. which nications 'ommission cases.

mLss.on's intent to limit fees to the provides for the charglag of fees based Under *1ese Cou r ts' decisions, we direct and indirect costs of the licens-on actual manpower and support ser.

find na b iis f ar granting the petition-Ing resiew, elces req' tired to process the applica-ers request for a reduction of licens-

16. Fees 'tave been ustablished for tion, has been added to Categories ID Ing fees to approximately five percent renew al of Commission " Approvals" through 1G of { 170.31. This approach of the current level in 10 CFl. Part for packages and containers used in is consistent with other fuel cycle 11 170. Under the guidance proviu'ed by the transport of radioactive materials. censes w here the professional man-the Court of Appeal.3 fees may be as-

]

The renew al fee was inadvertently power and appropriate support ser-sessed to persons who are identifiable omitted in the proposed schedule.

vices will be determined and the resul-recipients of special benefits conferred

17. The terms " duplicate unit", " rep-tant fee n.ssessed, but in no event will by specif'cally identified activities of licate unit", " reference systems con-the fee exceed that shown in i 170.31.

the NitC. Special benefits include ser-cept", and " Advanced Iteactors", have

25. The method of payment for Pre-Vices rendered at the request of a re-been added to l 170.3 for clarification 11minary Design Appresals rr Final elpient, all services necessary for the purposes. The definition of " waste dis-Design Approvals has been readtfled to issuance of a required license, and all posal license" has been deleted as un-require the application for approval to services necessary to assist a recipient necessary, be accompanied by an application fee in compiving wit h statutory obliga-

• M"I d N FIDER AL REGISTER, VOL 43, NO. 35-tut 1 DAY, FEBRUARY 21, 1978 insert **Should read: their letter of February 7, lu75 and granted

- ;a 2rS010 i

7218 RULES AND REGULATIONS tions or oblirations under the Com-issued pursuant to Parts 30 and 32-35 (u) " Duplicate unit" means one of a mission regulations. Under the revised of this chapter, a specific source mate-lim 4ted number of the same kind of scheduP, the direct and indirect costs rial license issued pursuant to Part 40 units which are to be constructed incurred in providing special benefits of this chapter, a specific special nu-within a lirF.ted time span and subject as descrioed above were used in fee clear material license issued pursuant to review at the same time by the calculations.

to Part 70 of this chapter, a specific staff.

The Atomic Industrial Forum also approval of spent fuel ca.sks and ship-(v) " Replicate unit" means a unit filed a petition to amend the license ping containers issued pursuant to based on the reuse of a plant design, fee-schedule (PRM 170-1, 39 FR *Part 1 of this chapter, a specific re-previously reviewed and approved for 15521). The Commission's independent quest for approval of seated sources construction by the same utility or by rule making proceeding on license fees and devices containing byproduct ma-another 1,ulity as part of another con-has rendered tne petition moot. Ac-terial, source material, or special nu-struction permit application.

cordingly, it is denied.

clear material, or a production or utill-(w) " Reference systems concept" Followir4 the Supreme Court deci. zation facility construction permit and means a concept that involves the sions on March 4,1974, in National operating license issued pursuant to review of an entire facility design or Cable Telerision Association, Inc. v.

Part 50 of this chapter, to routine major fraction of a facility design out-United States 415 U.S. 336 (144), and safety and safeguards inspections of a side of the context of a license applica-llc ph.ensed person, to a person who ap-Federal Potcer Commission v.

Nete tion. The standard design would be re-es for approval of a reference stan-ferenced in subsequent license applica-England Potcer Co.,

415 U.S.

345 (1974), the Commission eliminated dardized design of a nuclear steam tions.

annual licenae fees and notified licens. supply system or balance of plant, for (x) " Advanced reactor'* means any ees that a request may be illed for review of a facility site prior to the nuclear reactor concept other than refund of annual fees collected. We submission of an application for a con-light water reactors and high tempera-again advise licensees that a refund of struction permit, for review of a stan-ture gas cooled reactors.

annual fees is available. A request for dardized spent fuel facility design, and refund should include the name and for a special project review which the f 170.11 [ Amended]

address of the licensee and the license Commission completes or makes 4.

Th? introductory language in whether or not in conjunction with a number. Each specific annual fee paragraph (a) and paragraph (a)(9) of refund claim should include the in-pcense application on file or which ! 170.11 is revised to read as follows:

N be Ned.

Voice number, the amount paid by (a) No apGation fees, license fees, year, the arnount of the refund re-

. wtlon 170.3 is amended as fol-amerdment fees, renewal fees, approv-

"#a ph o) del e as n q sted, and the amount of any previ-al fe, or inspection fees shall be re-p.

y

~

Request for refunds should be ad as f Ilows mailed to the Office of the Controller.

U.S. Nuclear Regulatory Commission, g I;0.3 Definitions.

Washington, D.C. 20555.

(9) A license for possession and use Pursuant to the Atomic Energy Act (o) Wsened] * *

• of byproduct material, source materi-of 1954, as amended, the Energy Reor-al or special nuclear material applied for by, or issued to, an agency of a ganization Act of 1974, and sections State or any political subdivision 552 and 553 of Title 5 of the United (q) " Nuclear Steam S 3prly System" thereof, except for licenses wdch au-States Code, the following amend-consists of the reactor corr, reactor thorize distribution of byproduct ma-ments to Title 10, Chapter I, Code of coolant system, and related auxiliary terial, source mt terial, or special nu-Federal Regulations, Part 170, are systems including the emergency core clear material, or products containing published as a document subject to cool 17.g system; decay heat ramoval byproduct material, source material, codification to be effective March 23, system; and chemical volume and con-or special nuclear material, or licenses 1978.

trol system.

authorizing services to any person

1. The title of the license fee sched.

(r)" Balance of plant" consists of the other th.n an agency or political sub-ule (Part 170) is hereby amended to remaining systems, components, and division of the State.

read:

structures tha:. cornprise a complete nuclear power plant and are not in-PART 170.-FEES FOR F ACUTIES AND MATERI-cluded in the nuclear steam supply AL5 tlCENSES AND OTHER REGULATORY system.

5. Paragraph (bx3) of { 170.11 is de-SERVICE 5 UNDER THE ATOMIC ENERGY ACT (3) "Special projects" means those leted.

OF 1954, A5 AMENDED projects Submitted to the Commission

6. Section 170.12 is revised in its en-

2. Section 170.2 is revised to read as for resiew and for which specific fees tirety to read as follows:

follows:

are not prescribed in this chapter. Ex.

amples of special projects include, but 9 IW2 Nment of fees.

{ l70~' Scope' are not !!rnited to, topical reports, (a) Application fees. Each applica-early site reviews, waste solidification tion for which a fee is prescribed shall Except for persons w ho apply for or facilities, fuel reprocessing facilities, be accompanied by a remittance in the hold the permits, licenses, or appro-and amendment or renewal of stan-full amount of-the fee. No application vals exempted in f 170.11, the regula-dardized reference design approvals, will be accepted for filing or processed tions in this part apply to a persor (t) " Routine inspection" means an prior to payment of the full ambunt who is an applicant for, or holder of, a imnection nerformed at frequencies or specified. Applications for which no specific byproduct material lheuw during a certain period of time pre-remittance is received may be returned scribed by the Commission for pur-to the applicant. All application fees

• Under its current regulations the Com-poses of reviewing a licensee's autho-E lli be Charged irrespective of the ry tIu rized activities to asstre that they are Commission's disposition of the appll-of t egu a et in 1 al ea 1 7 If the revised schedule had been in effect being conducted in accordance with cation or a withdrawal of the applica-during fLwal year 1977. the Cornmission regulatory or statutory Wirementa don.

would have recovered about 12 percent of and that associated facilities and (b) License fees. Fees for construe.

Its ftacal year 1977 budget of approximately equipment are being operated in a safe tion permits, operating licenses. manu-

$250 milhon.

manner.

f ac t uring licenses, and materials li-IIDRRAL REGISTit VOL 43, NO SS-TUESDAY, FIEAdA,Rr 21,1978

• Should read: Part 71 579011

RULES AND REGULATIONS 7219 censes, are payable upon notification bcmotu or FACn ITY PEFS by the Commission when the review t ?

the pro.iect is completed.

whty categories Types of fees rec.

(c) Amendment Fees. The appropri-ate amendment fee shall accompany

-A Power reactors

1. custom '.

. Apphcation-con.struction permit..

8 12s.000 the application fr'r amendment when c nstrucuon pernut-- nrst umt..

946.000 fried with the Commission. Where ap-b^r$nNc"rNrIt u tS " ""'"

I plicable, the adicant shall provide a operatmg beense-concurn nt umt.

so2.se proposed d.

\\ tion of the amend.

2.

Siandardized dmign-Appucation-construction permit,.

125 o00 ment class and sw.e the basis therefor d " P"C "* * '

C"^'"'"""'""'-""'"""-

Construction permit-Concurrent unit a 174 000 as part of th ' arr endment request and construction permit-rirst identical unit additional siteisn.

7s7.100 shall remit the fee corresponding to onratma bcense-nrst umt..

1.024.500 this determination with the applica-operatmg ix erse-c ncurrent umt.

30o 200 tion for amendment. The Commission operaung hcense-nrst identical unit additional siteisi..

712.000 3.

St andardued design-Apphration -construction permit..

125.000 will examine the amendment fee and repiwate umt '.

construcuon perrrit-First umt...

811.600 will, where applicable, reGnd any construcoon permit-concurrent umt.

164.20o C "'""C"

" """"- nat idenocal umt addai nai saem -

72um overcharges or bill the applicant for operain.g bcense - nrst umt..

914 400 the additional amendment fee.

opersong heerwe - concui rent umt.

293 900 U""*"""'""-""'"#""#*l""**dd"""'**

I "

(d) Renetcal fees. The appropriate 4 Standarda.ed design-renewal fee shall accompany the re-neference systems newal application when filed with the conce pt >

Commission.

a ctuny referenonc a Apphcanon-core rui non permit..

125 000 standanzed nuriear construcoon perma-nrst umt..

as3*o (e) Approral fees. Fees for spent steam suppu nstem construcoon pernut-concurren unn -

1n2 soo

'"d C """" D^I'" #

""""""-""d" fuel cask and shipping container ap-C"' ". A bee nse - Fi rst u m t. ""* ""'

'""""'I 72 ".100 plant fcr bot h CP and operat u 934 provals, standardized spent fuel facill-OL stanes opera mg hcense-concurrent umt

• 292.100 ty design approvals, and construction operatma hcerwe_ nrst identical unit additonal ute s,..

s89.200 approvals are payable upon notifica-b tuhty referencme a Appucan n -c nst rucoon pernut..

125 mo standardwd nuclear Corwtruchon perm.t-Pirst uiut...

721 800 tion by the Commission when the steam wppy nsam construenon per,ut-concurrent umt.

162 sm review of the project is completed.

and stannardued construction permit -rirst ider;tical unit additional attem.

72s 900 Fees for facility reference standard-b* ^n"e of Phnt for operatma license - nrst unit..

a29. t oo b th the W and oL opnahng hnnse-Concunent umU 292 W ized design approvals will be paid in st ag es.

operatmg bcense-P!rst identical umt additional ute< st.

669 2 %

five (5) installments based on payment 5 Manuf actanns uren3e of 20 percent of the approval fee (see concept

• footnot e 3 5 170.21) as each of the first a vend e nues a A ppwanon..

12s w prehnunary de wgri Manuf act urmg bi ense.

1 477.500 five (5) units of the approved design b vendor-reuew ot nnal design amendment.

448.100 are re'erenced in an application (s) f:nai deran filed by a utility ct utilities.

c Unhty referencing a As pheat mn-construcuon pernut 125 000 manufacturing brense Const ru( tion permit-nrst umt _

730 ovo (f) Special Project Fees. Fees for spe-construcuor. perma-concurrent umt-si son cial projects are payable upon notifica.

opnatmg hceve-nrst umt -

t 0c1.200

""'" "" """'* ~ C

""""e n t u m U 22tw tion by the Commission when the

6. Adsance d reactors' Apphcation-Cer 3t rucuon permit..

123 000 review of the project is completed.

const ruenon penrut..

i.78 t ooo (g) Inspectfon Fecs. Inspection fees s_ s.andard reference desan are payable upon notification by the reuce Commission.

I vendor-stanaardwd nuclear steam suppiy (h) Method of Payment Fee pay-sutem-a Reues M pm hnunary A pphcahon..

5o o00 ments shall be by check, draft, or money order made payable to the U.S.

e n,"((En7

^[p[ i.

$2 j Nuclear Regulatory CommLsion.

reference eewn.

Appm ai.

433 4oo

2. Architert engmeer-

7. Section 170.21 of Part 170 i re-s'andardued bai r.ce of vised to read as follows:

P*nt a <tesicw of prehmmary A ppncat ion..

So 000 reinefKr dWign.

Appros al...

412,100 l 170.21 Schedule of fees for production b Reuew of final App hrat ion..

5o o00 and utilization facilities, review of ref.

"'""""d'""'

^ P" 'n'un - h.

M 'ooo 2oo C. Test f acihty

• A pp bra nst ruction perma........

5 erence standardized designs, and spe-construct mn prma..

U 200 cial projects.

Operahr.c heense.

100 ano D Research reac, Apphcauen - co:wt ruction permit..

5 000 (a) Applicants for construction per_

construenon perma.

34300 mits, manufacturing licenses, operat-E. I'ranium enrkhrnent A

scat oi ruc son perr$t..

1 ing licenses, and approvals of refer-plants >

construcuon perma..

3 88.4 a0 ence standardized facilities designs, operanns nunse -

457.200 P 8 '#8 P ' 1**'* *"d """ *' '-

shall pay the fees set forth in the P

tabie below.

• Where a parbal fee for a power reactor operatuW been. c has been paid pr or to the effecuve date of this amendment. the amount paid phau be deducted f rom the fee prescribed by this amendment and the (b) Applicants for special project re-difference will be due then the ooeratina heense for too pct power as issued views shall pay fees as separately de-

'Coacwed mt A concurrent unit is defined as a power reactor of the same design af a single power termined by the Commission.

" " t h *' * ** *"bl##' '

mee FEDERAL REGISTER, VOL,43, NO. 35-TUESDAY, FEBRUARY 21,1978 t"W r\\ q NNO 4

a iContmued i

9. A new 9170 23 t.s added to read a.s follou:

w "When reg acw of the permit licen e. approv al or amendment is complete, the expenditures f ar profev N*

sional manpo.cr and appropr ate support servwes mill be determined and the resultant fee ascaaed. but in

) 170.23 ihedula of fees for routine health, mafet) and enstronrnental inspections of no event Ull the fee exceed that shown in the schedale of facility fees. When one apIlication for a prehmF facilitieg' nary dealgn appro al or final deawn apprmal containa more than one dergn, the add;tional as prosals are subject to a maximum fee a htch is the adm of the application fee a 'd appraal fee.

• Ch-ge all) be separately deterfruned by the Comm!.wivra taktng 11.to aci ount the profesMonal man !

SCHELt LE or FAc!LITY ltOL TINE HE ALTH. Su kT1 AND ENVIRONMENT AL INSPECTION PEES '

power required to conduct the rests a muiupaed by the applicable cost per man > ear, plus any appropriate support services costs incurred. Where a fee has bere paid for a facilit) early site retics. the charlie will be

~- - -

deducted from the fee for a constrtartton perm.t Mued for thal alte A acparate charge atil not be sacased for a site reue..here the perwn requesting the review has an appbchuon for a conatruction permit on Category Feca Maximurn frequency

• file for the same alte, eIcept %here the application is tithdrawn by the apphrant or deni.d by the Commis.

anon. The tnaxtmum fee for rn new of a topical report anall not exceed 320.000-t 11 Pomer react or' Ptrut umt..

. STS 700 per ) car.

Continuous.

3. A new 9170.22 is added to read as follows:

Addaionai un.t at.ame e

. so 40a per > ear... _....

Do

{ 170.22 Schedule of fees for facility heense arnendinents.

y",','.7,',ct,,.

,,j C Pf,'[,[ e !,[,72 p t c ars.

SCHEDUL.E OF AMENDMENT FLES FON a(EaC'rOR FacitzTv PEnMrTs. LzcENSES, AND OTHEn jlQ,(("Z{"y",'y

.'Q g pg $

',F["

$7 APPROVALS REwt'! RED Sv THE LICENSE Ola COMMISSION MIGULATIONS ac.'iaM but m4 opertuon.

I

' Routine inspections are safety. enuronmental, and health physics in.spections performed at spectfled Fec e frequencies for purposes of revlettr;u a licensed program to assure that the authortzed activities are being mo in ac ance math & '.6mic Energy Act of 1954 as amended. Commission regulations, and Class of Amendmrot' Power reactors Test and rnearch the terms and conditions of the hcrnse.

reactors

'The frequency shoun in the schedule is the maximum number of routme inspecuons for uhich a fee j

tll be a. weed CLASS I Amendmants that are a dupbcate of an

' A reduced fee till be charged t hen t he n.spedion of an additional unit at the same site is conducted amendment for a second ementially identical unit at I concurrently sit h the first unit.

M the same site. there both proposed amendments are

' Vee is appucable for a fuel reprocecur.g faclist y and for a uranium enrichment facility C

received, processed, and imued at the same time..

$400.

4#s CLASS II Amendments that are pro forma, admints-trative in nature. or have no sarcty or environm. etal y

CI [ Amendments, exemptions. or rectured ap.

10. A new I 170.24 is added to read as follov g

prosals that invohe a alrigle envtronrnental, safety, h"

or other 1:. sue. have acceptabillif y for the haue clear-l 170.2 4 Schedule t>f fees for rout?. safeguards inspectk.is of facihtle, ly identified by an NRC posttion, or are deemeJ not to involve a atsnificant hazards conalderation...

4.000 2.000 g

SCHEDULE OF FacII.rTY RoCTzmE SArscUanDs Insrecitos Fess CLASd IV. Amendments, exemptions. or required ap-p provals that involve a complex issue or.. ors than P

one environment.al. safety, or other ts8ue. or sevwral d

O changes of the clasr III type incorporated into the Category Fee Maximurn frequency, 2

proteerd amendment. or involve a significant has-ards consideration, or require an eatensive environ-WD mental impset appraisal. or result from dismantimg (1) Poser reactor' or license termination orders 12 200 6.000 P1rst unit..

$11M per yesr...

. 2 per year CIASS V Ametutment.s. exempttons, or required ap.

Additional unit p'. same alte'

$ 9.500 per 5 e at...

Do prosals that require evaluation of several compica (21 Test reactor ( fuel of 1" *t st ratrgic tmportance).... $* %O0 per armpc< tior.... I per year tsaues, or involse review Dy the ACRS. or require an i 31 Rewarch reactor < f ue malerate strategic impor. 86 00 per hopntion... I encry 2 Sears environmental impact stat.cment 25.8do 12.0t'0 tanee t CLA33 VL Amendments. exemptans, on required ay (4) Other production or uttiizatlon factittya.

838.700per year 3 per year.

prosals that require evaluation of a new Safety Anal-ysts Report and rewrite of the factlsy license (Ln-

'W h

6W

@ u h um mW M WM WWW M Wd a ciuding technical spectftcatiens), such as may be re.

fee mill be mae,essed. Power reactors and other produrflon and utthzauon faciuties will he asserwd the quired for a license rene*al...

45.900 20.000 g

g

-~~~--

• A reduced fee mih be charged t hen the inzpection of adattional unit (s) at the same site is conducted

• At the time the apphcation la ft. 1. the 1:censee or app 1Lennt shall provide a proposed determination of concurrently with the first umt amendment cians and state the basis therefor as part of the amendment or modification request and shall

' Fee La applit able for a f ucl reprocessing facility and for a uranium enrichment facillty.

renar the fee corrnponding to thl= deternunation. The Commiasion sill evaluate the proposed amendrnent h

clama deterrnination and inform the ucensee or applicant if reclaastfication in required Rectuosifwatson that changes the cla.ss of amendment atll result in the refund of oner charges tra t he licensee or aDpbcant or N

billing the licensee or applicant for additional fees Q

License amendments or approsa s resulting from Comminion o.ders tasued pursuant to 10 CrR 2 204.

11. Section 170.31 is arnended to read as follows:

and amendments resulting in an inttL41 increase tn po ver to 100 percent of the initial dewitn power les el are C

not subject to these fees. except as prosided in footnoie i to i10.21 Clie.s I. It or III amemiments s hsch l 170.31 Schedule of fees for materiais licennes and other regulatory services.

result from a written Comminion requ t for the appucation may be exempt from f ahen tne amen.t' Applicants for rnaterials lirenses anu other regulatory services and holders ment is to simpufy or clarify License or techntest specifications; the amendrnent has only minor safety sig j af rnaterials licetises shall pay the following fee 6.

Q ntficance, and is lasued for the conseruence of sn Commiswon.

FEDER AL REGISTER, VOL. 43. NO. 35-TUESDAY, FEBRUARY 21,1978

• Should read: flled

Scurout.E or Pais ron M4TLaf at.s I.Jca sists alvo OTHI.R RECT *LATORY SI'RVICES Category of materia:a hcermes Type of fee' Fee category of n.aterials licenses Type of fee' ree

1. Special nuclear material

• H. Drenses ror receipt and storage of A. Laces.aea for posaeason and une of 5 App.! ration.

314 000 spent f t1) IJrerme app;tration kg or more of conta:ried urarm.m Ne* lkenne.

122.600 for a storage f acility of custora 3J4in uranluru enriched to 20 pct or Heriewal..

14 800 design requiring a full design Ersore. OF 2 kg or more Cf uranlurn 4.saendment'

• ggdeg-334, for fuel processing and fabrk a Maar-.Saf et y and enstronmental..

34.600 (as Storage fac!!!ty to be located Application 835 000 16ca.-

Mamr-6af ratuards.

8.300 at a new alte.

New license...

290.000 M mor - Saf et w and en 6 trorrnent al..

1.400 Renewal..

32.000 M inor -Enfe gu ards.

3.500 Ame ndme nt. '

Admu na t rat n e...

150 Major-Earety and environruental 88.509 M ajor-Eaf eg uarda...

6.399 5 D(en6ca for possesalon and use 3f 4 Application..

12.000 Minor-Saf..y and environmental 3.506 kg or more of contamed uranlurn New license...

112 800 Mmor-Safeguar<ts 3.600 233 In uranmm enriched to leu Henewal..

11.900 than 20 Det. far fuel pruremog and Amen 1mer.t

• Administrative 150 f abricailog.

• M arr --Nf rt y and ens tronment al.,

34 600 tbl Ht orage f actltty to be located As,,11 cation..,

25 000 at the alte of an embitng nuclear New licenac...

209.300 M ajor - Saf rg aar in 6 900 f actitty. '

Henes al..

32.00C Minor-Saf et y and environmental..

L400 Amendment

• M inor - Saf eg uardo...

3.600 Major-Safety and environrr. ental.

88.500 Administ ra tive...

180 Major-Safeguards 6.200 r

Mmor-Safety and environmental..

3.500 C.1.irenses or possesston and use of 2 Apt.11 cation for construction approva!..

50 000 Minor-Saf eguards A dminist r atn e...

3.500 kg or morg of plutonium far fuel Construction approsal..

480.300 150 proccasmg and f aDrtcatior..*

ucenae fee...

241 600 (2) Ucense appl! cation for a storage Ren n ai 170.IV s AmeMnem

• f acittt y t hach references an ap-prosed standasdire-d design:

Major-Safety and enuronrnental..

18.800 (al Storage facality to be located Applicatlan...

25.000 M ajor-Faf eguards.-

13.800 at a rww site.

Nes brense.-

236,600 M:nor-Safety and efnironmenta!..

1.400 Heneg al 32 000 Mir4or-Saf eguards,..

S.200 Amendment i Alnunist ratn e...

160 Major-Etief y and environmental.

88.500 Major-& feguards.

6.200 pg D IJernses for possession and use of 5 Application...

8.000 Minor-Eafety and environmental 3.500 m

kg or more of conta ned uranium New license..

31 800 Minor-Safeguards.

3.500 El 235 in unsealed form. ur 2 ka or Henesa!..

18.000 mare of urantum 233 in uracaled Amendment A%1sf sthe...

150 (b) Storage factt:ty to be located Appil ation..

15.000 form for artnttles other than fuel Safety and environmental...

1.400 at the site of Gn f anating nucicar New heeru.c.,

130.000 proccaur.g and f ahrtrattun.'

Sa feguards..

3.800 factilty

• Renes al..

32.000 Administrathe.

150 Amendir ent >

E. Ucenses for possession and use of App!! cation...

6000 Ms. tor-Safet y and environmental..

88 500 I

M ajor -Saf eg uards.

6.200 quantitles o' ph.tonium of 2 kg or New license..

56.300 l

Mmor-Safet y and environrr.enta!..

3.50C more in usealed form for actnities Henesal.

38.100 other thar f act L roa r.atrig and f ab-Amendment M mor -Eaf e g uarda...

3.500 rication

• Safet y and enttror. mental...

1.400 A dministratn e.

160 g,

Sa f elruards..

6.90; fact!lty of duplicate design-dc6ttn Adnumst ratae..

150 shich h identica) to a previously 11-cena d detail design.

c F !Jecnnes for pos.arssion ani use of Apphration..

8 000 tan Florage f actitty to be located Application.

15.000 a%

200 g t;ut less than 2 kg of plutorm New license...

42.100 at a new sito W 11mst.,

159.300

%/(

um in unsen ed form.*

Henes al.

29.800

}<ene w sl..

32,000 Y

Amendment:

Amendment : *

/

Safety and environmental..

Safeguards.

1.400 Major-Safety and environmer tal 88.500 4.800 M ajor -Saf eg uards.

6.200 g

Adrmmatrat n e..

150

%)

Minor-Eafety and envirordnental.

3 500 Minor-Safeguards L&60 e4 O. Ucermes for pourulan and use of Appliemon..

2.000 Administrative.

460 350 g but less than 6 kg af contained Nuw 11, chae.

18.800 tb) Storage facillty to be located Applicallon...

10.000 h

urantum 235 in unscaird form. or Henesal.,

11.100 at the arte of an enkat. g nuc} car New ucense 73.500 200 g but lema than 2 kg af uranium Amendment.

facilit y.

• Henes al 32.0 0 333 in unact!ed form?

Safety and ernironinental, 1.400 Amendment. '

Safeguards -

3.800 Major-Safety and enviroranenta]

88.500 Adminait r ain e...

150 M ajor-Sa fe guards...

6.200 See footnotes at end of table.

M 64 FEDER AL REGISTER, VOL 43, NO. 35--TUE50AY, FEBRUARY 21,1978 U

SCutot'tr or Pres ron M ATERIAIS LICENSES Awo OTuta Rscer.AToar Srmvicts-Continued 4

to t4 Category of matenals 11 cense

• Type of fee' Fee Category of mateials licenses Type of fee' Fee e4

~Minorlhabt[and ens tronndtal

.MO

'D. Ucenses for byproduct matertal Apptkation-New itcense 460

~

Mmor 4afeguards.

2.500 lasued pursuant to Part 34 of this Renewal.

460 Admmistrathe.

150 chapter for industnal radiography Amendment.

110

1. Ucenses for possession and use of Application-New incense..

110 operations performed in a anleided special nuclear materiaj in scaled Reaemal.

110 radiography installation (s) and at sources contained in devices used in Amendment.

40 rnultiple temporary locations at the industris] measuring systems

• addressa es) shown in the Wenses or J All other special nuclear matenal Appitration-New license..

460 at temporary jobstLes Of the licensee licenses. escept incenses authortung Repen al..

460 Ln the field special nuclear matertaJ in unsealed Amendment...

110 form in combination that s ould E. Ucenses for possesalon and use of Application-New license.

190 constitute a cr.tical quantity as de.

byproduct matertal in seaJed Renewal 150 fined in 9 150 11 of Part 150 sht h sources for trradiation of matertals Amendment 40 shall pay the same rate a.s Category there the source is not remo% ed 10 and spects) nuclear matenal for from its shield tself shielded units).

use in power generation which shall P. Urense' ' >r possession and use of Appliccie -New lleense, too pay the fee in Category 10.=

byprod matertal in scaled Renewn!

460

2. Soum matenat sources..r Irradiaticn of materials Amendment 110 A. Ucenses for possession and use of Application..

11.000 there the source la exposed for irra-source matertal tu mi:Lir s oper-Nes license'.

96 h)0 diattors purposca.

ations. except in in situ teaching Renemal*

100,800 and acapleaching operations.

Amendment =

0. Ucenses tasued pursuant to Sub Application-New license 954 Major-Safety and ens tronmentalt 20 800 part B of Part 32 of this chapter to Renemal 870 Minor 4afety and environmenta3+

3.500 distribute items containing byprod-Amendmet.t 230 Administrative...

150 uct matertal or quantitles of by-B Ucenses for processing and recov-Production scale acthity-product material to persons general-M cry of source matertal in in situ Appilcation -

7.000 ly licensed under Parta 31 or 35 of leaching operaLiors or heap lesch-Nes license

• 69 500 this chapter, except specific licenses h

ing operattuna.

Research and development arale activity-authortung redistribution of items m

M Application.

2.000 which have been manLfactured or Nem licensea 21,800 imported under a specific license

).,

Renesal*

• 17,300 and licensed,by the Commission for Z

Amendment >

distnbuuon to pe rsons generally 11 O

Majordafety and environmental a 4.200 censed under Parta 31 or 35 of this g

MmorJafety and environmental

• 760 chapter.

m Administrath e..

• 150 0

II Ucenses tasued pursuant to Sub-Application-New license 950 C

C. Ucenses for refining uranium mal Application.

96.700 11 000 part A of Tart 32 of this chapter to Renemal 674 r=

concentrates to uranium hexafluor New license *.

distribute items containing byprod-Amendment.

240 ide.

Renem alt 45,800

-8 uct matenal or qu>nuties of by-Amendment.

product matertal to persons exempt

(,

Major-Nafety and ernironmentalt 20 800 fr m the licensing requirements of g

Mmor-Eafety and environmentalt 7500 Part 30 of this chapter, except: (1) w Administrative.

150 59 3211 and 3218 of this chapter.

D. All other source t.

terial licenses Appilcation-New license.

140 (2) spectflc 11renses authortztr.g re-Renemal.

70 distributton of ste.ns and quantitles Amendment 40 which have been manufactured or

3. Byproduct material imported under a specific license A. Ucer ses for possession and use of Application-New license..

460 and Itcensed by the Commthaton for b) product material lasued pursuant Renegal.,

440 distribution to persons exempt from to Parts 30 and 33 of thLa chapter Amendment 110 the licenalng requirements of Part for proceeding or nanufacturing of 30 of this chapter, and (3) spedite items contamms byproduct material licenses t hich authorize distribu-for commerc;al distribution, except tion of timepiceca. hands, and dials.

b> product material for use in poser generation thich shall par the fae I. Uvngs tasued pursuant f * ' 3218 App!! cation-New license 190 in category 10 of this chapter to distnbu*

zvti-Renemal 150 g

B. Ucenses laaued pursuant to 9 32 '2 Application-New ilcense.

190 ties of byproduct material to per. Amendment 40 of this chapter authertring the pro-Renemal..

150 sons exempt from the licensing re-cessir.g or manufacture and di trl-Amendment 40 quirementa of Part 30 of this chap-but:an of radiopharmaceutica;4 con' ter.

O taming byproduct material.

C. Ucerwes for byprodact matertal Application-New license 190 J. Urenses issued pursuant to 13214 Apolication-New license 190 1ssued pursuant to Part 34 of this Renesal..

150 of this chapter to distribute time-Renew".1 150 chapter for industrial radiography Amet.dment..

40 pieces, hands, and dials containing Amendment 40 operations performed in shicided ra.

hydrogen 3 or promethium 147 to diography mstailationis) or perma.

persons exempt from the licenstr.g nently designated aresr a t at the l

requ!rements of Part 30 of this address es) 1isted in the license.

I cnapter.

FEDERAL REGISTER, VOL. 43, NO. 35-TINAY, FEBRUARY 21,1978

S."HEDt*LE OF PILS FOR M ATERIALS I.JCENSES AND OTura REGUI.ATORY SERVICES-Continued Category of materiah brer ars Type of fee' Fee Category of materiais lleenses Type of fee' Fee K Uce *ca f ar rmwn arut u r s Apg w ainm

ew I rense..

190 C. Ucenses insoed pursuant to Parts Apphcation-New licen.sa..

190 to prata.'t mal er mi f or rewar h a. l Itenesal.

l 'ed 30, 40. and 70 of this rhapter to an Renes al.,

150 40 des ch pment, eacept t h ase lee 53 s Ame ndme r.t...

40 individual physic ia-for human uoe Amendrnen' coscred by en rgories 3 A or 3ft. and r>f byproduct material. source mate-licerws eme red by rateetcries 7!! cr l

rial, or special nuclear matertal.

I thi ept licenacu in category 7 A.

TC m at harmng me c al rewarcin L All ot her spec:he C,yprud st ram.ert-Apphcation -New license _

110 I S.f!vil defense: A Leerwes for pr+casion Apthcation-New license..

190 al licermes. evept thnae in c ategcries Ite nem al..

110 and use of t;yproduct material. source Rencu al 150 4 A thr%s h 10 A

• Amendmer.t.

(0 material. or specla! nuclear rr terial Amendmer.t to

4. Waste disposa!

Ior civil defense activitica.

A I lcenses 6pe(ifically aut horizing Ag phr ation...

32.000

9. Device. produst, or artled source safety the receipt of m aMe ta product mm-New I:cerne

• 291.100

=>v al uation-terial. wu r ce m at e r ial, or special Iter.es al '

93.500 A. Eaf et y evaluation of devices or Application-Es tluation.

Oto nue; ear material from ot her per-Amer dmer t prodact contalrting byproduct ma-e wr.a f or the purpose of commercial Maier E= ret > az.J enurertmertal +

197.700 tertal, source material, or special duposal by land cr u a burial by the M u.or-dalet y and ens tronmental..

690 nuclear materigt. e x cept re actor Scenac.

Administraus e..

150 furt devices and dettces or products Il beer.acs spe< tf tcany authortz1hu Apphcation-New license...

1.100 d.strtb: ted to acc W licenheca or 570 pet.ons eacmpt from the require-the ret.tipt of % a.0c byproduct ma Renew al..

terial. source m a t e r i al. or vr. al An.cn dme n t -

rnents for a herme pursuent to nuclear rnater:41 f rom o:!.er Ie r* ma Safety and erMronmental..

570 Parts 30, 40. and id of this chapter.

160 B. Sately evaluauon of scaled sources do 40 for the pu r pose of pack agu g the Alnuntatrat tse

• maternal The hce nsee m iu dt3 pose contaming byproduct mat erias.

of the material by transf er to an-nourre material, or special nuclear gg other person aut he-tzed to re< ctse matertal. eacept: !!) Reactor ruet.

t or da.pune of the rasternal (21 a(aled sources distributed to gen-g C.

Uceruca spc<.fically aut hort7.mg Appbcation-Nem license...

190 eral licenseca or persons exempt gg

• • 4150

rorn the requirements for a license ihe receipt of pren Kaged s aate Itenew al..

440 pursuant to Parts 30. 40 and 70 of bipr*1act mater.d sou*cc raater:41. Amendment...

or special nuclear rW erial from this chapter, and 43) power nources other persons The 19 erace a lll dia-covered by category 10.

pose of tne mrertal by trknufer 1

10. Power source-A. Urenses for the App lcation-New license 1.300 anot her person aut hori/ed to re-manuf acture and distribution si en-Reneaal..

480 e a e

y a

AmeMment._

W 5.

W I rJ et

.r e and Applicat Ln-New license-.

450 480 t r wer = udvs A 1.n e n3% f or posses. Rene aal.

g g

g gg Son and use of s e iC nuc! car matrrt-Amendmet.t.

110 og

,g g

g 41 and. or bsproduct rnateridi for seil gg~

lentng. w eil sursty s. ar,d tracer st ud 11 Transportation of radioactive mater 1 h 3.

6. N m lear laan1rtes A 1.v er es for com A pphcat ion - New bcense.

460 al.

recreial coac<uon mN laondry of 1(enes ai..

460 A. Evaluation of sperit fuel caak for Appucation...

8.090 10 ma cont am.aat ed m it ti D y p oduct Ame ndment..

110 greater than 20 kW decay heat.

Approval

• 75.100 Aroenuments '

matertai. nource material, cr special Major

• 6 900 r xirar rnaterial.

Minor

• 3.600

7. llenan we of byproduct m a te rial.

Administrative.

!&O aource tr.a t e r.al, or special nucicar Renemal 160 materia!

300 H Esaluation of spent fuel'eams for Application 7.000 A Ucen" s tuued pue= tar.t to Parts Appl.cauon - New acenac...

M. 40. a nd 70 of i hts chap'er f or Re new al..

270 less than 20 kW det ay heat; str Approsal

• 62.300

1. aman t.ae c f b3 rroitact mate rial. Amendn.cnt...

40 anmping package for plutcnium; Amendments.

high !ctel anste caska. and packages Major

• 5,600 nour( e ma'ertal, er a, er: Al r.aclear contEntna radioactive Inuertal Minor

• 2.800 e

insterial :n semied nocrces cor.ta.u greater than 2.000 times the typ* A Adamistrative..

160 in teletherapy desges B bct '.4em naaued purnear.f to Paris A ppl. cat tor h rw 11 cense...

Ik0 quantit y. '

Renea al 110 g}

s

30. 49, and 70 of ther chat ter to Renewal.

150 C. ba:uatLon of finsde packages con-Application..,

1,0 10 rnedical m.c nations. or two or more Amendm.. t..

40 talning greater than t>pe A quanti-Appros al '

12.800

,)

3 ties of radioactive material, pack Amendrnents.

• rh> Mctans en a sir.gle ha rue, for ages containir.g radioactne rnaterial Major a 3.500

()

human u.se of b> prW 2ct matertah less than 2 000 tenes the t>pe A M mor..

690 nource material, or special m.c: car g

quantty*

Admmistrative...

150 material, except hcenses m enegory Renes al 150 TA.

See foot-t at end of tab:e a

tG U

FEDER A' HGISTER, \\r A. 43, No. 35-TUE5D AY, FEBRUARY 21,1978

• Should read: 150

• • Should read: 40

7221 RULES AND REGULATIONS SCHEDCI.E OF Frzs roli Marrittats I.JcENSES AND OTHn RwimTm Suvrer.s-Continued Category of matertals licenses Type of fee' Fee D. Esaluation of fissile packages con-Application.

700 taaning less than type A quantitles Approsal*

6.200 of radioactive mater 1af" packages Amendraents;

• containing radioacf he maternal less hf ajor

• 1.400 than 200 timed the type A quantF hfinor 350 t y. '

Adm!nistrative

!!1 Renewal _

l' a Application.

!M E. ENaluation of packages contaming Apprm al a 1; M radioactive maternal less ths ' 20 Amendments.

• times the ty pe A quar ty M ajor.

350 M mor 150 itenes al 150

12. Ret!ce of standard!2ed spent fuel fa Appincation _

12 000 c hty design

• Appros al a 107.200 13.' SpecAl projects

• Tbpes of fees Separate charges as ahonn in the schedule will be assessed for applications for new 11 censes and approvala, issuance of new hcenses and approvals. and amendments and renes als to eatst.ng 11-censes and approvals. The following guideunes apply to these char ges:

(a) Apphcottog fees. Apphrat ons for matenais licenses and approvals shall be accompanied by the pre-at ribed applicathm fee for each category. except that applications for licerues cosering more than one fee category of special nuclear material (excluding category llO to F* used at the same location. shall be ac-companied by the prescribed appit ation fee for the highest fee category. Where a license or approsal has expired, the full apphcation fee for each category anall be due, except for licenses covering more than one fee category of special nuclear matertal (escluding category IHI for use at the same location, in shlet case the ap' tion fee for the highest category would apply.

n (b,

ensefspproral fees. New heenses and approvals issued in fee categories I A through III, 2A. 2B.

2C. 4 A. I1 A through !!E. and category 12. shau pay the 11cer.se or apprm al fee for each category. as deter-mmed by the Commission then the review of the appilcation or project La completed (see footnote except that a license covering more than one fee category of spects.1 rauclear material in categortee a

through 10 shall pay a beense fee for the highest fee category assigned **

• ae heense.

4c) Regeneal/cra Applications for renesal of matenals licenses anc sprovals shall be accompanied by the prescribed fee for each category except that applications for renes al covering more than one fee cate-gory of special nuclear material (excluding category IH) to be used at the same location. shall be accomps-nied by the prescribed renes al fee for the highest fee category. When the reytew of an applicataon for re-nem al is complete for licenses in fee estettor"* 14 through lit. 2A. 2B 2C. and 4 A. the Commission s111 es-Emine the renesal fee it. accordance with fwounote 4 and mill refund any os ercharges of the renewal fee. If appucable.

(di Amendmenf fees. Applications for amendments shall be accompanied by the prescrtbed amendment f ee< s t At the time an application for amendrnent la ft;ed for licens md approsals in fee categortes I A through IH. 2A. 28. 2C. 4A. I1A.11B. IlC. IID. and !!E. the licensee or appucant shall proside an initial determination of the air.*n.iment class and state the baats therefor as part of the amendment or apprma?

request, and shall remst the fee correspondmg to that determination, hometer, s. ben res new of the amend-ment or approval is cc aplete. the Commh.ston will examine the amendment fee in accordance with foot-note 4. If applicable. and w1Il refund any overcharges to the heeruee or appilcant or bill the licensee or am pl cant for the add:tional amendment fee, Amendments s hich result frrim written NRC requests may be exempted from these fees at the d.scretion of the Commisalon then the amendment is 1.ssued for the con-senance of the NRC.

An apphration for amersdment to a heense or apprmal cla.ssified in more than one fee category shall be accompamed by the prescr! bed amendment fee for the category affected by the amendment, unless the amendment is applicable to two or more fee categories. In thich ca.se the amende.nt fee for tht blahest fee category sou;d apply. An appWatson for amendment ta a materials hcense or approval that suuld place the !! cense or approval tr' a hinher fee category or add a new category s'

. be accomparued by the prescribed apphcation fee for the new rategory. enrept for appbcattens for amendments increa3tng the scope of a lleensed program from fee categories 1P to IE.1G to ID 3C to 3D. and 7C to 7B. m a hich ca.scs the amendment fee for the higher fee category sould at ply. An apphcation for amendment reducing the accpe of a bcensef ' program snall pay the amendment fee of the fee category a.ssigned to the license at the time the application is fded Apphratwns to termmate licenses sha'l not be sub)cct to fees.

'IFensees paytr.R face ur der categories I A through IH are riot sublect to fees under categories !! and IJ for scaled sources mathorized m the same lleense. Apphrants f ar new liceroes or renemal of existmg 11-remes that coser tmt h byprodact material and.special noelcar rnatertal m sealed sources for use in gauging des ices stil pay the appropriate apphration or rer esal fee for fee caterary 11 ordy

" A rnajor amendment a defined as one requiring evaluation of many aspects of hcensed meth11ies where the proposed action cm.ld present a potenttal rbk to the pubhe's health and safety A minor amendment ts dermed as one E here safety, enuronmental, or safeguards conedegk t ons tr.my be east:y resobed An admm.

L*trathe arnendment is def.ned na an amendment that is pro for -

u me in nature. or has no safety, en-AA uronmental. or safegaards sigmficance.

• When the reues of an apphrstion is corr.plete. the etpfnditues for professwnal manpower and ap-propriate support seruces mill be determtr-ed and the resultant fee as.essed. but in no event will the fee cacced that shoan in the schedule of fees for rnaterials beerwes and ot her regulatory sersices. All adtmms-tratne arnendments are bued on fixed charges.

' Fees sou;d be apphrable only m thase in. stances s here a alte safety and environmental review has been performed and documerited by the Commi. won for the site at s hwh the storage f acipty is to be locat.

ed.

'Fre is appbcable to a Wen.se mathort.ung either product!on scale acthtty or research and desclopment scale actalt y.

' A t>pe A quantity la defmed in 5 714.qi of 10 CFR Part 71.

' Charge s til be separaf Hy determmed by the Commaton taktng into accou-t the pr1fesuc ial man-poser requartd to cond. Art the revtes multiphed by the apphrable cost per man year. Phas any al propriate support scruces costs mourred FEDFR AL REGISTER. VOL, 43. NO. 35-TUESD AY. FFR9U A RY 21.1978 kShould read: AmententsM

• • Should read: pro irrta, 579017

12. Section 170.32 is p<tded to read:

scurnet.z or Miridizats Licts sg INsencTroa Pi.ts-conttnueo l U0.32 Schedule of fees for health and sfety, and safeguard

• inspections for snaterials bcenses.

l.

Category of materials beenses Type of fee Fec '

Maaltnuan frequency

• i' (b) S'.orace f acility to be located Health and safet y...

Tao 21 per year

• 6CMEDULE OF MATER 1*LS LICENSE INSPEC' TION Ftts i

et t he site of an exist mg nuclear Safeguards...

2.900 2 per year.

f acil2t y 1 Dren.sca for pcmacta:on and use caf Itcalth and safet).

330 1 escry 5 years i

specia! n uc lear mate rial in seced Category of materials bcenacs T)pe of fee P.ec '

Manicnum frequency' i

sources cr.;ntamed m destces used m Induzinal measurir.g systems.

1. Special nudcar materlat l

J All other spedal nuclear rnai rtal.. do...

780 1 per year A Ucenses for posacssion and use of flea:th ar.d safety...

$5.300 3 per year.

Itcensea. except licenacs authortz:ng f

five ($ s kg or more of contamed ura Safeguarux.

10NO Do special nuclear matenal in unsealed nium 235 in uranium ennched to 20 form in

'lon that sou!d pct or more. or too < 21 kg or more constitute a critical quantity as de-of uranium 233. for fuel processir.g fmed in i 15C lt of part 150 stich and fabrKation.

sha!! pay the same rate ma category B. Deermes for pomwssion and use of Health arnt safety...

S.3%

Do 10 and s pecia! nuclear material f ar fWe (51 kg or more of contLI. J ur a-na reg uar la.

10 3vo 1 Mr ) car uac in poser sencration u hach aball nlum 235 in uranium enrk hed to pay the fce ln categury 10 less than 20 pct. for fuel prot cums

' 2. Source matenal.

and fabricatlon.

A Ucenaes for possennion and use of.. do 1.830 Do.

/* Ucense. for poamession and use of Healt h and sa; t y..

4 6eo 4 per > ear mource ma t e rp Ln mdlar.g owr-tso (2) kg or more of plutonium for Safeguardo..

11.700 3 per y ear.

ations. est rpt in in wtu le ac hing fuel procemaing and fabrication and heap lest hbg operations D. Dceruca for posacusan arid use of Hea:t h anil saf et y...

4 900 1 per year H urenses for proccumt and recov-

. do..

1,800 Do fue (5) as or more cf contained ura Saf eguard3.

7. boo 2 per n ear cry of soure:c rnaterial in in situ njum 235 in unmealed form. or t ao learhmg operations or heap leach.

m (2) kg or more of uranium 233 m un.

Mg ooerations.

C scaled form for activtues other than

(

C lh enacs for ref tning uranium mill....do...

1.800 Du.

P*

i concentrates to uranium h*xafluor-

)

fuel procemains and f abricahon E Urenses for ponacaston ar.d use of Hea!th and safet y.

"80 1 p r year

!Je quantitles of piutonium of two (2) bafeguarh.

S 400 2 p r par D All ot her murce matenal la crues.. d a..

460 1 escry 2 years.

kg or more in unsemied form for ac.

3 I4) pruduct matemal' 2

U L1vitles otrier than fuel procesong A Uvac8 for possematon and use of Health & Safet s 1.600 1 per year and fabncation.

byproduct material tasued pun.uant Dirn nrogram...

780 Do.

M P. Ucenacs for ponacsalon and use of Healt h a nd saf et y..

"RJ l yr Scar to parts 10 and 33 of this chapter Sma!] prograra.._

O 200 g but less than iso < 2 > kg of plu Saf eg uards 2 300 Do for pracero.ing or manuf acturing of C

tomum in unnea;ed form.

Items conta,ning byprodact ma'enal O. Ucenses for pseemamn and une cf Ilea;th and safet).

780 1 eser) 2 Sea, for commeraal dat ribution. eu rpt h

350 g but less than f ac e 5 6 kg of Safesara..

4 000 1 per par byprodact rnatenal for use in pa er w

contamed bran;um 235 m un. sealed generation thich shall pay the fee

{

forrn, or 200 g but irsa t han two (2s m Ca> gory lie 7

kg of urantum 233 m unsca;ed form.

H Ucenses Luued pursuant to j 32 72 IIca;r h & Safety..

650 1 esery 3 Scara y,

H urenses for receipt and storage of of this chapter authontag t he pro.

sper.t fuel reutng or manuf acture and dutri (1) Ucense appbcation for a storage but ton of radao pharmacruticals faahty of custorn dewgn s eguiring a containing b) product material.

full des:gn reuer i

C Ucerwes * >r b y p rod act tr.ateral.... do...

720 1 per year, ta) St ora g e facthty to be located IIcalth anu safet y.

"to Do j

lanued pursuant to part 34 of this at a new site.

Sa f e g a ar 1s.

2 900 2 per 3 car chapter for mdaM rf al radmgraphy (b) St orag e f arthly to be Wated Hraith and bafet y..

TMd 1 per > ear l

operations perfurnwd.n a shielded at the alte cf an entsttrg nai tear Safenaards.

2 WO 2 per ) car radiograph y tn3t aunt ioru n i or per-f acdht ).

l rnanently den.gnated area s > st t he (2) Lcense apphcatmo for a storage addrew es t l.sted m the lu erv.

f actat e s hich re'erern es at: a p-D Ucenws f or b) prod uct..u te nal.

..do..

980 Do pros ed n'andard. zed drugn Luued pursuant to part 34 cf !!ns (as Storage f acably to be hx st ed H ralt h and uf et y.

iP0 I per year chapter for andastrial radmgraphy 3

at a new atte.

Saf rguards 2 900 2 per > car operattona performed m a ahtclded gf

( ti l Stor.ge f arthty to bn lwated Health and saf ety 78] I pr Sent radmuraph trM allat ione s s and at a

at t he site of an ex t.st arig n.Arlear bait g 4arls -

2 900 2 per )( ar multiple ter porary locations at the I) f acLht y addrew es) s'iosn in the hcense or pr (31 Deense apphrat ton for a stora re at temporary jobsites of the hcensee a

f ac:11t y of duphrate deugn - drugn in the fwldt 54 s hich is adentical to a pres toasly h-E Urens s f ar posses mn and use of... do...

390 l esery 5 years.

censed detaal demgn.

19 p rod uct matenal m

sealed l

aources for trradiation of rr.aterials ta) 8torage farlhty to be located Health ar.d safet y..

"80 1 prr year.

l a here the mource 1s riot remosed at a new s:te S a f e g u ards...

2 900 2 per near I

from its sh.cid (Self shle!Jed unitsi gShould read: 1 per year see footnote at end of tabic.

• • Should read:

Tj u

rioER AL a f GISTE R VOL. 43, NO. 35-TUE5 DAY, FEF"AR Y 21,1978 Health & Safetv:5 u

Larne progran...1,MO 1 per year Small program..

. 780 Do.

SCHEDULE OF M ATERIALS LICEN5g INSPECTION PEES-Continued j

N m

Category of matennis hcenses Twe of f ee -

I cc Maumum f requenc> '

Category of matenaa licenses T> pe of fee -

Fee

• Maumum frequency

• P. Ucen.scs for possenton and use of Health at:d safety.

300 1 escry 3 years B Ucenses spectf!cally authort.tr Hea;th & S fety.

650 1 every 3 3 ears.

b> prod uct matertal in scaled the receipt of m aste byproduct ma-sources for Irradiation of materials terial source matenat or special there the source la espnsed for irra-nuclear material. from other per-dlation purpoors sons for t he purpcae pf pac kag'r.g O Ucenses tasued pursuant to Sub-do.

390 Do the material The licensee mill d+

part B of part 32 of this chapter to pose of the material by transfer to datribute items contatnmg byprod anot her person authortied to re-uct material or q u an t t t les of by-cene or dapose of the matertal product mat *ria.] to persons general-C Urenses specificah y a ut hortzing....do...

650 Do.

ly licensed under parta 31 or 35 of the receipt of prepack age 1 m aste this chapter, except specific lucrocs byproduct rnterlat source matenal authorizing rest $atr bution of items or special nuclear matertal from thach have been rnanufactured or other perwns The licersee nG1 d;s.

Imported under a spec 10c License pose of the matchal by transfer to and beenaed by tl.e CommLaston for anot her person aut horized to re-distribution to persons ger-raMy 11-cebe or d.spone of the material censed under parts 31 or 33 of this 5.

Well lousms and m ell surveys and chapter.

tracer stedtes H Lcene~a lasurd pornuant to Sub-

.. do..

390 Do.

A. Urenses for pmsession and use of....do..

520 Do.

part A of part 32 of this chapte r to special nudear material and 'or by-distribute items containir s byprod product material for me!! loggmg.

uct material or quantitles of by -

mell surveva and tracer stud;es.

product matertal to persons cuempt 6 Nuclear laundrien-from the licenaMig requirements of A. Deenses for commeretal col:ection... do -

590 Do g

r It 30 of this chapter. except (1) and laundry of items contamma.*d c-st 3311 and 3218 of this cbarter.

mith byproduct material. source ma.

m 4 31 specific heenses aut horizir.g re-terlat or specla! nuclear material.

diarnbution of item and quantities 7.

H uman use of byproduct matenal

)>

thlch hase been manufactured or sou' e material or spedal nuclear Z

imported under a spectf!c license mat 1al' O

ar.d licensed by the Commist lon for A. L ermes tasued pursuarit to parts... do..

460 1 every 3 tears.

pg distributton to persons e, tempt from 30 to, and 70 of this chapter for m

the Itcensing require ents of part human use of byproduct rnaterint O

30 of this chapter, and '3 7 spec 6fle se,urce material. or special nuclear C

11cer.ses t hich aut horize datribu.

material in scaled sources contained h

tion of timepieces. hands and d.als.

In teletherapy devices.

g I !kermes Lamued pursuant to j 3218... do 390 Do.

B Ucenses issued pursuant to parts.

...d0...

460 l esery 3 years.

of this chapter to distnbute quanti.

30 40. and 70 of this chapter to O

ties of byproduct matenal to per-medical Institutions, or tuo or more 2

sons esempt from the !!cen.*mg re-physicians on a smg!c licenac for quirement.s of part 30 of this chap.

human use of byproduct materlat ter source material, or special riuclear J Ucensen issued pursuant to j 3214... do.

390 Do.

matertal except licenses in category of this chapter to d.st nbute time T A.

pieces. hands. and d:als. containmg C Lacer.ses lasued pursuant to parts....do...

333 Do hydtcren 3 or promett. lum 141 to 30, 40. and "O of this chapter to an persons esempt from the licenomg Indhidual physician for human use requirements of, art 30 of t his of byproduct material source mate-chapter rial or special nur lear matt % I.

K. Ucenses for possealon and use of.. do.

390 Do except licenses in estegory T A.

pA byproduct mat rial for research and 8 Chil defense W

development. except those lice nses A. Deenses for posses 4en and use of... do~.

200 1 escry 10 years cosered by catesones 3A or 38. and byproduct matertal, source material, licernes covered by categories 7B or or special nuclear material for civil 7C authertzing medical research.

defense activities I. All other spectf!c byproditet matert-

.. d a...

390 1 every 5 yeari 9 Devtce, product. on scaled source safety al heen.ses, except those in catego-es aluattort rtes 4 A through 10A.

A Safet y evaluation of desnces or Not applicable...

.. No inspections 4 Waate d.sposal producta contaml J byproduct tr.a-conducte.1 A.

Ucensca specifica'ly aut hori.zmg

....do...

le80 I per yar, terlat sourre matertal, or spec'al the receipt of maste byproduct ma-nuclear material except reactor terial, source material or sperL41 fuel devices and des tces or products nuclear matenal from other per-d;stributed to general licenaces or sera for the purpoac of comme c:al persons caempt from the requ're.

d;sposal by tand or sea bunai by the mer;ta for a license pursuant to licensee.

parta 30. 40 and 10 of this chapter.

FEDER AL REGISTER, VOL 43, Nf.e. 35-TUf 5 DAY, FEBRUARf 20 1978

RULES AND REGULATIONS 7227 SCHEnet.E oy MATERIALA LICENSE INSPgCTION PEES-ContlDued Cat

• gory of ma tals Heennes Type of fee' Pee' Mantmum frequency =

B. Safety evaluation >f sealed sources Not apptwable No inspections i

amtaining byproduct

material, conduct ed source material, or special nuclear matertal, except (1) reactor fuel. (2) scaled sources distributed to general licensees or persons exempt from ts.* tequirements for a lleense pur.

suar..; to parts 30,40. and 70 of this chapter, and (3) power sources cow.

ered by category 10.

10. Power source:

A. Licenses foe the manufacture and Health and safety 780 1 per year, distribution of encapsuh Led byprod-uct material or special nuclear ma-terial therein the decay energy of said material is used as a source of power. except reactor f uel.

11. Traraportation of radioactive mate-r1al:

A. Evaluation of spent fuel cask for Not appihble No Wpections greater than 20 kW decay heat, conducted.

B. Evaluation of, spent fuel cask for..do Do.

less than 20 kW decay heat; air shipping package for plutonium; high level waste casks; and packages containing radioactive matertal greater than 2.000 umes the type A quantity.

C. Evalumuon of fissile packagem con.

...do.

Do.

taming greater than type A quanu.

ties of radioactive material. pack ages containing radioactive matertal less than 2.000 times the type A quantity.

D. Evaluation of fissile packages con.

. do Do.

taining less than type A quantities of radioactive neaterial, pukwes contsining radioactive mate r C less than 200 tum: the type A n" L Evaluation of packages cv

.. r. g

_.do..

Do.

radioactise maternal less the 20 times the type A quantity

12. Review of standardized spent fuel f a.

.. do Do.

cility design.

' Tirpes of fees-Separate charges as shown in this schedule will be s.ssessed for each routine inspection whnch is performed.

• Inspection fees are due upon receipt of notice from the Comm6ssion. The inspection fee for licenses covering more than one fee category mill be charged only for the highest fee category asigned the license, if the inspection of the entire bcense is done at the same time. Where a licensee holds more than one mate-rials license at a single lot ation, a fee equal to the highest fee category covered by the licenses mill be as.

semed, if the inspections are conducted at the same ume.

• The frequency shown in the schedule is tne maximum number of each type of Inspection for shkh a fee will be assessed.

• Where a license authortzes shleided radiographic installations or manufacturing installations at more than one address, a separate fee mill be assessed for inspection of each location. provided. however. that if the multiple installations are inspected during a single visit a single inspection fee sul be a.ssessed.

• For inspection purim large and small programs in Category 3A are defmed as folloss: A. Large Pro-gramJ-Thone licensees hand:ms or processing loose or unsealed matertal for the manufacture of tagged compounds or productetsuch as sealed sources and dtstribution of same to othert Small Programs-Those licensees t ho are processors of " finished products." such as presiously taared compeunds and scaled sources for introduction into products or repackitging for sale to others.

13. Section 170.41 of Part 170 is revised to read as follows:

1 170.41 Failure by applicant or licensee to nay prescribed fees.

In any case where the Commission finds that an applicant or a licensee has failed to pay a prescribed fee required in this r art, the CommLssion will not process any application and may suspend or te /oke any license or approval involved or may issue an order with respect to lic;nsed activities as the Commis-sion deter Innes to be appropdate or necessary in order to carry out the provi-sions of t' is part, Parts 30, 40, 50, 70, and 71 of this chapter, and of the Act.

(Sec. 501. 8, Stat 290; (31 U.S.C. 483a).)

Date at Washington, D.C. this 9th day of February,19'i8 For ' te U.S. Nuclear Regulatory CommLssion SAutrL J. CHILK, Secretary of the Commission.

iFR Doc. 78-4355 Filed 2-16-78; 8:45 arn]

FEDER AL REGISTER. VOL. 43, NO. 35-TUESDAY FEBRU ARY 21.1978 E" >*

G (% r ryO t.,-

UNITED ST ATES

{

]

NUCLEAR REGULATORY CC AISSION W ASHINGTON, D C.

20555 POST AGE AND F E E 5 P AID

.,%, e a (2,.,a,'s',

,ea sea G E M AJL OFFICI AL BUSINESS r.

t PE N A LT Y FOR PRIV ATE USE.1300

(

)

rm ~ 094 Q(

U fw,L

6 UNITED STATES NUCLEAR REGULATORY COMMISSION RULES and REGULATIONS TITLE 10 CHAPTER 1, CODE OF FEDERAL REGULATIONS-ENERGY '

7#/

PAR FEES FOR FACILITIES AND MATERIALS LICENSES

]%

AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED

• Of M R At PRoi;siONs and devices containing byproduct ma-n u c le.,

r e, t ior hs cosed by the Commn-terial, source material, or special nu-uon under the authorits of secnon 103 clear material. or a production or utili' MaM h n d Energs Act of 370 3 Pu' r*

zation facility construction permit and

'N2

'"P' operating license issued pursuant to IW. e amended (the Act). i.nd pur-Part 50 of this chapter, to routine suant to th^ prmiuor... of Part 50 it th" 17U T Dei in %.n '

17o 4 i nu mm." "'

safety and safeguards inspections of a chanici

{ ( ), { "'"],] * "

g licensed person, to a person who ap-(t)

Power reactiir aan a nuclear p plies f r approval of a reference stan-namir designed to produse c!ectncel o, imi:vamm,a sus dardized design of a nuclear steam v ut at t i ni i t i s

u. supply system or balance of plant, for m heat energy h..nsed by tiw Comn.nsmn e

m review of a facility site prior to the g undei the authoriis of secnon M o-subset t b io 11 'b tit Ue Act and put nuant l'o :l %hs dut. os ico or pr od us non and W d o.a submission of an application for a con-e wn sano struction permit, for review of a stan-C to t he prouuons of 44 50 2lth)or 5d 22 l'o u s ha ni w h.r m moah Acae dardized spent fuel facility design, and n of thn thaph for a special project review which the m

EMim I MI NI Commission completes or me.kes

. Proi uction f acihty" means:

g3 (lI Any audem nactor designed or whether or not in conjunction with a

u. I pum i. dy for the formation,of i 7o n 6 mim n i.anu m r" *"" ' '"

heense application on file or which At immit) i nc p, s i en or ihn emi l 'i s

-may be filed.

plutomum i uramum-2 3 3, or nma waa m (o i. e sm 2+ H t s t 4W Dcfinitions-

- Miles Ou n

db

2) M s' 170.3

1. i ro n v a m 4: e s r noi sc : nim the w par nion of the isotopes of uranium es i u m in sie i:4 t 4: t s( mi or the i. itopes of plutonium, except As used in this part la bo r m or s scale f acihties designed or (a)

"Hy product material" means any used for e s penmental or analytical pur-GI NF R u PRm istoss radioactn e material lescept special p nes oni s. or s nuclear matenal) yielded in or made 4 170.1 Purpme.

@ radioacine by espmure to the radiation i 1:

A-lacihty designed or used for c incident to the procew of producmg or the prou 'ing of irradiated raatenals The regulatior.:in this part set out fces ' utiliimg speual nuclear maten l.

c o n :.o m o special nuclear material, es-n" charged for hcenso,p services rendered (b! hernment agency" means any cept by the Nuclear Regulatory Commission, esecuin e depanment. commissmn. m-iaboratory scale f acilities as authonted under Titic V ot the lnde-dependent e st a binh m en t. c o r po r a n o n,

ds y. d or used ti r espenmental or pe n d e nt Ottices Appropnanon Act of wholly or partly owned by the Urited a n.d scal purposes 1952 (65 $ tat. 290,31 U.S C. 483a) and States ot Amenca which is an instrumen-(r t a c il o te s in w hic h the only prmisions regarding their payment.

tahty of the Umted States. or any board, spn ial nuclear matemals contamed in Z

bureau. dn nion. service, othce, otticer, the irradiated matenal to be processed

{ 170.2 ScoPC authority. administratiim. or other, ar e us amum enriched in the w dope U2" Except for persons who apply for or estabinhment m the esecuin e brar:h of R and p'oiomum Produced by the irradia-hold the permits, licenses, or appro-the Gm ernment.

80 non.it the matenai prosessed contams E not more than lO' grams of plutomum vals exempted in 1 170.11, the regula-(c) " M aterials license" means a tions in this part apply tu a person bs prod uc t rnaienal license swued pur-G pci g am ot t9" and has tnsion product w ho is an apphca.nt for, or holder of, a E

suant to n u of thn chapter, or a aun ny n.

escess of 0 2% milhcurie specific byproduct material license

" # P# ' * " " '

issued pursuant to Parts 30 and 32-35

'" E'" 4" "t ihn t hapter. or a special (io r lauhues m which processing ts E of this chapter, a specific source mate-e rial license issued pursuant to Part 40 nuclear maienal htense swued pursuant tonducted pursuant to a hcense ssued

• of this chapter, a specific special nu.

te Pari 70 ol thn chapter.

undei Paris 10 and 7e of ihn c h apter, or clear matenal license issued pursuant (d) "Nuticar reactor" means an ap-egn alem regulations of an Agreement to Part 70 of this chapter. a specific paratut isther than an atomic weapon,

%t m. lor the receipt, p.ssewinn, u se, ne or to su un nu M

Uan of Ura u spe ial nuden p ng on ie is ed pur uant t "fP' rung chain reaction sal. whic h authori/cs the proceu-m a.

Part 71 of this chapter, a specific re-Quest for approval of scaled sources (c) "Other produchon or util tauon me of the irradiated maienal on a batch

' Amended 4 3 F R 7210.

5?S022

,w Septer-ber 1,1978

A PART 170 o FEES FOR FACILITIES AND MATERIALS LICENSES-ponewi [ ip) ' Human use" means the internal EDEN j.

pr i,J uct s and li rn it s the so rn S batch to rw more than 100 grams (# 3 cr mtetnal administration of byprc' duct M.

> Mal

• clear mate-tal at All communicifuft%T D h uranturn entitheJ in the n.> tope W ardl $ the m u:c e or human e reculanons m this partNuld be ad j

' not more than 15 grann of ant i.t h e r r a itat! m th e re f rem, to O special nu; lear rna:erial.

]bm h dressed to the E secutive Director hh L-c- ( )pe r a n o n, l ' %. Nuclen Rdulatorp th) "Hcs^ arch reactor" means a nu-

'q) ' N o clear bteam Supply System" * (i,m m mion. Washington. D Q % 5F c!ar react, -

-nsed by the Com.m!suca cor ats of the reactcr core, reactor

@ (3,m m un wat nins mas be delhered m under the

.or.ty of sutsectica IMc

. ant U. stem. and related auxthary of the Act and pursuant t.o the prottsions sysNms includmg the emergency core person at the Comnussion's othces at of I M 21(c) of this chapter for opera-cooling system; decay heat remos al 1

,,if $treet,.W,., %.ashington D C. or t!cn at a thcrmal power level of 10 mega-s> stem, and chemical volume and con-at D \\"rtolk Avenut. Hethesda,pid; watt s cr ! css. and which b not a tcP!ng tre. syste m.

O fac hty as denned by paramLph (nu of

( r ) "Ilalance of plant" consist.s of t he O this sec tion rema:ning s ys t e ms. components and S ' 170.11 E s em ptiont (is "Ocaled s ourc e" means any by-structures t hat c0mprise ;

~'

complete product mater:al that is encased in a

! uclear pour pl ant and are not in- [

coule designed to prevent Ieatste or eluded in the nuclear steam supply m escape cf the bypmduct InateriM.

s> 3t em "m

Q) %urce material" means; u,) ' Sper:al projects" means those r-Q (1) Ura:Murn er thorkm, cr any com-proycts submitted to the Commission 2 (a) No application fees. license fees.

$ bimition the re of, in a..y ph> rcal cr for resiew and for w hich specific fees I amendment fees. renewal fees, approv-

- chem;al form; cr are not prescribed in this chapter. Ex-c al fees, or in_spection fees shall be re-

[

(2) Orc s w hic h cuntain by v1 -

am$s of special proycts include, but Wred for n on s-t xt nti:th er ov percent f 0 N are not lim:te d to. t cpical reports.,

more cf (1) uranium. ( ti r tb "

early site res :ew s, w a.ste. solidification t

L Wt > any comb;nat'cn thercc f m

fac1htu s fuel reprocessmg fac1htits

- li z\\ In ense aut hin izin.' the e s port i

materid c cs nmt incNde spcc'a:

S e.. '

and ame ndment or renewal of stan' mat e. la n darda d referom e design appros ais i,nly

,t a

pri dusnon

<>r utihzation I ", ' I d '

gcial nur:t ar ma$

.ans:

iti " Routine mspection" means an 21

\\ !wense auth >rizing the export 1"

pert mn performrd at f requencies or (1) IN u t cm u m, anP:m-2U ur dura a certain period of time pre.

imly ir i m pi > r t iin ly of hyproduc*

en !ched 11 tt '

• pe CD 1 x t,,n J U.

ani nny other

. ' ^.C o m bed by the Com missio n for pur-mater:al. source mater ul or specul t!.e Cc Tm the g t ses of res mw ing a 11rensee's aut ho-nutcar mMer ul C

31afth

..d.N r./ed actisities to :Lssure tnat ; hey are pu sM - <

- [ bemg i i

\\k m o m n-c t he r eceipt.

g.'.

.ot 0

conducted in ac cordance w it h 5

['

~ i, ". e -d

, c

- 1

... e mata o or reclator) or statutory requirements B P"C""'" "'"P" n + n il a r ti: ciaE c nr. cud

• and t hat a_ss ocia t ed f ac1htles and i't N pre id us t m aterul, u.urt e materul.

i2 i

by of 6

'Ir~"'

dm3 ne equipment are being operated in a safe

. r specul nuticar rute:ul acidental to h.

u 2rce : :at at manr t he < >perat oin < >l a pri.ducin >n or utihla-

[

a u * ' Du, ' cate unit" means one of a i n in taihty lhenscJ under Part W of 3

(L Manuf acturing har# nzans a hm:te d number of the same kmd of itus ch ipter. mulmhng a lu enw under g Ikec.se pursuant to Appendit M c.f F%rt ur is w hich are to be con.s t ruct ed p y,' 'i l i,f ihn ch a pt er ' auth girmg s

m 50 of tMe cheter to manufacture a nu-w: hin a hmited time span aad subject y I clear power "tactorno to be operstal at to es mw at the same t imi by the

-P'*""*""

• 1. 4

" Y#

' sites not id< ntified ut the 11cers repis 3:377

" nos br ntna ul at the sue id a n ut ka

8.._c ation.

tg, Hephcate unit" means a unit w s ch'io n o uu as f uel in iterato'n a d the r

bawd on the reuse of a plant deMgn. " n ut lear reator or at the site of a spent (m) "htinz factity" means a nu-prm m51.v res a w ed and approud for fuel pn s essme plant fi n processing at clear reactor licennd by the Ccmminhn construction by the same utihty or by a

ag Iq 'g C under the authority of subsect! 3104c cf another utlht y as part of another con C.t.he Act and pursuant to the prcw!nns of gruction permit apphcation

$ I 5') 21(c) of this chapter for cperatbn twi

" R e f erence s yst ems concept"

'Pb d h" h

'4 '"ued ni a non pW n at:

mean s a concept that ins cls es the cd u a o inM mst n uniin h a a poiducnon I

res :e w of an entire f arlhty design or ru ilo s in unh/at n >n f xihty. other than (1) A themal power level in escess of major fraction of a f acllity design out i p,,u t i ren ne n i he u sed f or ten h mg.

10 megawatts; cr sJ of the context of a Leense appWa-g a gu n g,

,q m.d u al p u m ises, a ir for (2) A thermal power les el in exce.s cf tion. The standard demen wou;d be e-q gg

,g g.

uh a 1 megaw a*t, if the reactar b to contain:

ferenced in subvgent license appl 'a-(1) A circulating loop through the ccre t ion s spa a! n us icar nurerul ni he used for in which the app:! cant proposes to con-iss ' Ads anced reactor" means any f e^ hum inuning or inedaal purpines.

duct fuel experiments; cr nackar reactor concept other than i.r m o mnet oon with a tuihts, other t il) A l!qujd fuel Icading; or hght watr r reactors and high tempera-t han a p.m er s en n r. used ti r tea hmg.

(11D An expcrimental facility in the ture m cooled re actors core in exceu of 16 square inches in

~n nnmg,., medh al rur pos s cress-se ction.

17nA Instrpretations.

i si T

.w ro o m N nnt or heense in) "Utimaticn facility" means any R apphed t,r M. or rsued to a (Wern nuclear reacter other than one designed, Iuti Tt alb aa di/cd b) S..n-m nem. utert

f. n a un h/ at o m or ugd, imarily for the formathn ofy i 4

$ L das ened ni pn >dute eles tr hal ig i

su uiain, n.

m pMton!um or U* and any other equ!p-7 :si ;u t ; n o, a it r

uninc of th'

'knat a pu r suani n. sect o.n lill or ment er device determined by rubs of: r J.3 3.,

% pu t N an

,t t n er r.r 1j,,,q,L y % gmp y a im' the Ccmmiss!an tn be a ut':ization facGity;,

..g r :i. (,

3 m. n,

,aha & m

,,'g,

i within the purv!cT of subsectlon 11ccm,

7p g,,

g,g (,en;ral c! the Ac' 4, y g,,!;. 7., j

,q in, l1 m a ;s i p 1 s 44.1 ]

im im J44FF 21o !

i. _he ( * " M.L '

'i ikk?!"lRl*44'I tm no d( h 9 pts tar 1.1978 170 2

4 PART 170 e FEES FOR FACILITIES AND MATERIALS LICENSES-

~

tX) A lis en se 'uthi n/mc the use i t m wal apphcation w hen filed with the ig) Inspectron fees. Inset cr ion fees C"nunemon are payable upon notificat.on by the sh icid [n g <mb in ource in at rial a Com misMon.

m devices ai, sontainers, prinided, te) Appror al fees F,ees for spent

" how ev e r. t h a' all other licensed f uel cask and shipping container ap.

th) Method of Pa yment Fee pay-E oy pr pJuc ignate r 417 so5r & fn of pros als. standardized spent f uel f acili.

men ts shall be by check, draf t or ts dewgn approvals and construction money order made payable to the Uh.

special' nucle.ir nuter ial in.ne -the ic e,y; e.o

/ o r.

appros4 are payable upon notifica.

Nuclear Itegulator; t,ommission me container w ill be suNest tii tio.

5y the (,o m m mio n when the res mw of the project is com ple t ed g i 170.21 Sc hed ule of fees for prmiurtion

_pi_escribed in s I h) 11 N

and utihzation facilitics, reuem of ref-Pers for facihty reference standard crence utandardued oesigns. and spe-(9) A license f or possession and ur,e md dcun appros al, will be pmd in e cial project (

of byproduct meterial. source materi fng ($, installments t>ased on payment w

al, or special nuclear material apphed of 20 percent of t he approval fee (see O (a) Applicants for construction per-for by, or issued to, an a.:ency of a foot nate -3 c 170.21) a.s each of tae first 3

mits, manu acturing hcen3es. operat-o State or any political su txhvision f ac t Si units of the approsed design ing licenses and appros als of re f er-N thereof, except for licenses w hich au.

es are ref t renced in an apphrationts) ence standardized f acilit ies designs.

thorize distribution of byproduct ma filed bs. a utiht) or utilitie.s Ea terial, source material, or special nu shall pay the fees set forth in the Q clear material. or products contain'ng

' f ' &cral l'rovet fees. Fees for spe-t able below.

byproduct. material. source mat e rial, cial projects are pa> able upon notifica-(t;) Apphcants for special project te or special nuclear material. or licertses tior b) the Commission when the s tews shMI pa) fees as separate ly de-authorizing sersices to any pe rso n resiew of t he project is completed termined by the Commission.

Other than an agency or political sub-

_divmon of the State.

m,.u u N m Fus (b) (1) I hc (lonnlintiin 'na). Lpt ic Fa....t s m e g ar tes T> rs of fres F e*

a pphcanon by an interested perso ' 01 U pi > H 'l% tiw n inlli.ttis e. [Ta nt sush es-A P * + r rm urs in p anon nnu mctmn rrnui

m ooo emptions f r..m the regturenients of th:t

i. t Mrurtmn perma F1rst unit 944 000 n

3

}1 ail as it de'c t 'n i'1cs are auth4eri/ed hV castru"nor Wrmit concurrent und '

174 om I "2i '*

'4"*""#'""

() ors urrent unit

• law ar.J are i n hc r w ise in t he ImNis in2 304 Aim

( 7perat ir.g brense g

I Cl e si (2)

\\['i'; 1 s.s t D :n s tiir e s c n1 plii sa h! a ulelaed an a Apt N aimn const ru( t ton perm.t 25 Wo g

C

"'"" pe rm a nru una ne non

< f"a^"t u i m perm a 24"*"

to umler this p nacr aph na mtlude ac or concurren, unn >

174 m n

in ities suth as % t m a h w ed bl. ihe ux conu r acnor: rrrna nru nienocal ur.a anoonal me< s,

7s7 lw a

' 4"*' ma l unse nru una t o24 sw of hcensed

.aic ria h ti,r ed us at o mal i,r Z, orrant a i cense cureurrent una

• 3% 2%

c rli Ulkt 3Hlm t r s I 11 {u!'ll( d l ]'l,ii s i n r V

'n

( q,ygt,7 g j gen 3e p739 gdyng ggj 97gg gg g g g g,5 7 g g gg N1 +

+-w" Apwam i construenon wrma 125 000 tihc cohec tmns <li llkIna411R 711 l 4

2 (i

er, coon vrma nrst una si t em m

c<.ns ruenan perma concurrent und '

!64 2m ccnt ruc o-n &rmit. nru menora: una aad t uno saco )

na

{ IM.12 Pay rnent of fee, l >p+ r at.r a imense nru unit 914 4:M (a) A pplica tio n Fers. Each apphra-orru.r s ;unse concurrent una -

293 9 %

tion for w hich a fee is prescribed shall

( 4mor s n< = nru me.tmai una adtoonal m e+

su s%

be accompanied by a remittance in the i j, ;, "' [f full amount of the fee No apphcatten i,

will be accepted for filing or procased

< to

's n e e r

<a y ac 1

coreum non perma in om

"^'

""5' "n perm a nru aa 8s3 w prior to payment of the full amtunt I',

("" 'a"r 4 ens na em

< < i

' n ecrma concurrent una -

.62 s %

specified. Apphcat:ons for w hich no y 3,

,,m, cm,s a,(, n, y,,, g 79 g,

,,,j,,,, g g,,

m,%

remttlance !s recca ed may be returned

- ce v.1 opervas: e ase nru sr.a 9341 %

4

( >& raw i i ew cornrrent un.'

m im to the appbcant. All apphration fees i+L-

~

hr" * "hr' 669 2 *

"L"ar"a v" r "c"onst r uct on pe rm a' """ ** "**; "*

will be chared ir respect a r of the A.p in ooo t'

s r. r, ea Commission's dL=;)osition of t he apr h

.,, :u, g y ur c<

c r.,, -.n r rm a nru una

i n>e cation or a withdrawal of the apphca er s e cc is n'

istma conc urrent.. rut 162 500 tion.

i,.

4 n1 n era e pnma nru Huan urut annonal m-si

'25 m (b> Lice m e Fres Fees f or coMirue

. t a'. w t i t,

'*" * ", y

(7..,"n P *100 u

r ma c,,i,

nn I anc m

klon perrnits I)' M'rdiIng ' cell.'c h. m an li g,

( h pe-r't! r g iire nse nrm Me n' Han u r, t! a.1.141.ot t&i M!P s M 2iC o f acturing 11renses. and mat erie i'.

Yi a'

aw

+

n: the at u N censes. are gayan e u;mn i n om 6

+ s+

r

% t A M.r a'.

w Ile?1 II.'

r' s le w ( [

by t he Comrnb i

M ar s's +

i 477 soo me des e,' T u !n erm g

r

sa a the proje( t a romWied t,

5 r

-4 of amendment 448 190 M

' 4; 1+.

T (c) A r... ' q d " < Fl.' F, < s Tli-i,,,. r t i-

.o.,,:,a Ac i at.

< onst ruct o,n perrn..

i n o.,o ate amendn + nt fee shall ar con,

4 Lowe n e m m, vrme - nru urm 73o w the apphcatp.n for amendment w her D "" ". r u ": m" e"ns"e""n e"st u ru t "I M i crat i om 200 filed w it h t t e (,i a m e,, <,n

%, a re n op,,. m4 :nnse -concurr ra una -

.21 wio phcable. !he 3 ;', ' an? -hfl,-

i at i

,4

<rs A ps anon con.urucuon permi 12s am

( "'n*

Frm a iniom propowd d# t er unatmn of h" anu !

>perant.s w"ense i 9s4 m ment cla.ss an 1 t a t e t he bw,an"fc g

3.,

p.,

m-ohm r, rem ' un 1 as part of t h.

a t

shall remit ttu fer co rre'; om' ' =

'o aM W c W

[ * ". m' 4

• t his determincit o n w it ti tiu u pima-twn for amen tment f ne comm:s~

m_

m.n a,, u am -

so om

1. 8 e afM r e 'e rm de dn 4 prosC 4121 %

will etamine tI and ndmt n' ms,a ALa Ag gatan Ww w 111. w here

p!

: a t i e.

i 3ffs r6 re:

Appros al 483 4do e.9 s -. n Osercharges or bill IM MI dE

,f'r

, g n r g,c,,. g, p,

t he addit 103313 mend" 8 nt ft' NwaM ed t+ ans d.

(d) fG ' a fees

'I I + a;, :(.; **'

renewal In Cl m ee+ pa:a i t.c r'

.r onunuco W<SC24 17 0-3 Septernber I,197C

PART 170 o FEES FOR FACILITIES AND MATEFdALS LICENSES-icontinued l F;nrtwir or Faciti? F tra

> armt y (alegor:es T) pes of fees Fee-SD 000 a Resies of pre mrary AL n r almn 412 100 ref erent'e des gn A;;rm al b Res tem of f ma' A m 6soon 50 000 reference deogn A ppros a 501.200 C. Test f aubt > '

A.ph< at mn Co s ruct w n permit 5.000 Con 3trart mn perwt 61 200

( s c rat ir.g 1.cer.3c 100 300 D Researc h rea. t or

• App at, r Cure rst wn permit 5.000 34900 n nst rui,on pe m t Operating wene 55 000 F. Ursruum enrwhmem App!v at mr' O w rw t h,n perw!

12$.000 plants

• Cor v ruct i,n pc~.t 388 400 457 200 Operat ing r cerae F 5pertal pro 3erta and reu* s s-hee s L a 1 prior to t he ef fertne date of Where a p ar'tal f ee f or a uma er res t v ope r at,r.s N e t r aa r resi ribed tsy t his amendment and the this amendmefit I t e amount pa.d sha.1 be dea r ed ' om t h e 'e*

dif ference u dt he ch.e t hen t he ope

!.ra la elae f ar W pct Loser a ieued

' Com h eren t ti n t! A corro r r en t u n. t n l 1 o e 1 a.s a pq 4 er re ar t"r cf the same deMgn at a urg!c poter st at ton that m aa ? ub >er t to - r c pre r.'

-e ns ng res se n When ret ies of t he pc~ rut.1;ren. e approva; or m.merT.mert la enmp'ete the expenditures for profes s

stor'al manpoter and appr0priate suppor acrVices a1H be determlDed and tne result. ant fee masessed, but in no esent e ut the fee eurced that shown au the err:edule of f acihty feen When one appitration for a preltmb nary design apprm ai or fmaa des;gn apprmal enr.taans more t t an one desigTL the additional approstis are subject to a mautmum fee t hKh La the som of the application fee and approval fee

' Charge slu be separately determmed Dv the Commiannn taMag tr'o account the professional rnan-power required to for dort the res tem mu;f!phed t'y the appl. cable rnst per man year. P us Ley apprODT1ste l

support serstres rosts meurred Where a fee has been paid for a f actllt y Par!y site restew, the charge 3111 be deducted f rom the fee f ar s construction permf t Lasued for t hat site A separate charge till not be assessed for a s.te res ies t he re t he person ra%estmg the reslet has an apparation for a construct.on permit on file for tne sAme site, except t here the apphratmn is althdraan by the applicant er denied by the CommL3-sion The tras tmum fee f 3r resies of a tepical report shan rot careed $20 000

}17012 Schedule of fec< for facihty leen<e amendments.

SCHEDULE Or AMENDMENT Ptris roR RaucTon FacittTV Pr.murTs. Licrxss.s. Ann OTHER APPROV4LS HrWPIRIL BY THE LICTMSE OR COMMISMON Rrrt:tarrows o

Fe**

e.t.

r C:

Clau of Amendment l'om er reactors Test and research u,

reactors m

T CLASS I Aniendments that t re a duDurate of an amenc'went for a sero 7d eve.t tany Hertient urMt at the ame site s here trt h propfwed arr *Ntment.s are recen ed. prorewed and med at t he sa-e t me

$400 CLAh%II Amendments t hat are pro fvma adrrunis tratne in nature or base nu safet y oc environmental m:gru f m arre 1.200 3600 CIAS.S III AmendmentA. esemptions of required ap prm als that mvonc a smslc ern ironmar tal. safet y.

or ot her Inue. have arrept abbbty for t he Lvoe clear I) ident ified b) an NHC gue ton. or are deemed cot to tra ch e a s.gm f. care hat.ards consideration 4 000 f000 PIAAS IV Amendmen ts e sempt ions. or req u: red ap-pros als that irnolve a remp!cm L.uue or more than one environmer' al. safet y. or ot her tvue or ses eral changes of the r!aAn !!! t ype tnrorporated mto t he propoaed amendment. or traoise a wrn.f trar.t F ai ards ennudernimn or require an esterme ern tron taental impact aperseal or reWt f rom dismart:.ng or brense terrrarat mn orders 12 300 6 000 Cl.A T V AmendmentA eiere r. orts or rearreo -p prm ats that req uir=

• Ouatmn of us eral com Ne s tuues. or ms oh e r e ay t he ACHS. or reqmre an ern ironment al ima

• atement 2$ 800 12 000 C1.AM VI Amenorn -

c a empt n.its or required ap pros als I hat requ:re es aMatmn of a net Safet y Anal yus Report ar

• rew rite of the f acihty bren3e i tn riud rut technara) specificatiens b such as may be re o nred for a herrar renem al 45 M 20 000 At the time t he aephrat on is t del the brense* or appbcant tham prmide a proposed determmation of smerdment r%s and nt ate t he ten t he ef nr a4 part of t "e amendment or mod.fication request and shah remit t he f ee correspon& nec ! > ' h-4etertmnat ton The Cornmmmn e :n es aluate the proposed amendment ria.sa det erm nat mn and m4rm t h, eruer or appbr ant af redawf a at ;on in required Reclasalficatmn that c har ges t he r!aas i f tra endmer t s ul renW t m t he r+f.md of mer r narres to t he lleensee or apphrant or billma t he be ensee nr apN! cant 'or mM:t enal fees

' lacense arr.eneent s o aptirm aa res t ms f rom Commmon Orders luurd putsuant t.o 10 CVR 2 204.

and amen iment.s res.:f m.t m an arm m mrrr a.se m pes ee to 100 percent of the initial destrn poser le.cl are not Sab ject it) [ h e%e h*e% et t t M [ f re ble;j m f.'i ' not e l t(b { i"O l} CMA l (( Or 111 amendmen'A t h;rh rew!t f rom a s rt!!cn Commwn rec. cst for t he appbc at mn may te enempt f rom fees t hen t he amerid ment La to simpl.f) Or clarif) } Pe!5e Ir t er t.rical

• ph lficat ;eit.s t he amendment LLs Dr.ly mmor safrt) slg nif kaWe af'd 1% 1%.%i;c i f or t r'e t ls en tehre e i t he l'o/r.f"t%fitot) 579025 Septer-ber 1.1978 170-4

PART 170 o FEES FOR FACILITIES AND MATERIALS LICENSES--

{ 170.23 Schedule of fee, for routine health. =afety and ensironmental inapections of facihtiet ScHrDULE OF F4cil.!TY ROl'TINr lihALTH. S4n7Y AND flNVIFON M rsrl at IN SPYcTION Frrs '

Cat e s u r s Fee-Maximum frecaency' s Ii Poser reactor First urut 875 700per year.

Cont in aeus Additional urJta at name site '

$6J 400 per ) car Do

( 2 ) Test reactor..

84 500 per tropertion 2 per year.

( 3 ) Research reactor...

84 200 per tiopection 1 escry 2 S ears (4 > Other prodaction or ut duallan f aciht y *

$ 4 2 100 per S car..

Contin uous (55 Producuen or utthutwn f acihty brensed for poa $650 per year 1 per year.

aculari but not operation

' Rwtine upert h ra are saf et > enstrunmental. and health physics trupec'iotu performed at specif ted frequenrics for pur.u.es of res ws tng a hr e nsed program to avure t hat the authorved actMties are being cordarted in arrordance a lt h the Atemic Frwrg y Act of 1954 as amendn1 Commtuion regulationa, and the terms and condittora of the twe* e

'The f requency sho'o n in t he s r+d, e a t.ie masamum number of routne nr spertwru for w hich a fee 3 01 be a.ucs.e4

' A reduced f ee m ia 6'argel a hen t he udpe-< tion of a.n 44ht o,nal urut at t he same tite u conducted concurrently sif h t he.

.'t

' Pee is appbrab:e fnr a f u. s reprtw wng f aciht) and for a Uranium enrichment f at al;ty F 170.24 Schedule of fees for routine safeguards inspections of facihties ScHrnt t a. or Facrt ITY RotrTtNE SArrct'4RDs INsPIT710N PEr.S Cated fr)

F ec Maximum frequency' (l a Pow er reactor First un.t S I 1 Moi.- r > < a r 2 r+r > ear Ad toiwal un t at same n'e'

$ 9 500 F r ) ea r Do i 2 a T rst reart.ir, r,3 of 7.

.,a r a t e g a m.r' a ru e

$6 W p+r mum t:en

! per s car e31 Researc h reas tor ' f w t of ne ra'e u rs as.c irn por $1.Mo p r aspet t *n 1 escry 2 Sears tante c i t s Ot her product mn or u J aat ino f ar.ht >

• 8 3u e 00 per > ear 3 per n ear O

R

' Tr'e f requenc> show n in t he sche 1a* is t he maximarr ne ter of saf e uard.s irspec ions for w hich a c

fee s ill be nue s. sed Pawer reactors ar.1 ot her prod artmn kni ut thza! ton f ar:! ties ul) oc a.ueued t he er[ yearly trupect,on fee shoa n m t r'e aN a ' 'at te c3

= A redored fee u dt he rharged u r en t he n

-et wri of adde. nal ur ti s p at t he same ote J. condu ted c

T concurrerstly m it h t he f;rst un.t

' Fee Ls appbrab!c for a fuel repros cu;rg f an!it y and for a uranium enrichment f artht)

( 170.31 Schedule of fees for material heen=cs and ot her regulatory *ervicet Applicants for materials 1: censes and other regulatory services and holders of matenals licenses shall pay the follow mk fees.

SCHEDULE Or PII_5 rOR M ATE RIats 1.tcrNst s aND OTHt'.R REGl'LATOR Y SrRvici.$

Category of materias erw s T y pe of fer '

Fee 1 SpertO nu icar mater.a1

• A 1.veraes f or U msewon and u.se of 5 A pp !< ation 514 000 kg or more of " > '. t a.ne d aranum New brerae 122 600 2JS in uramum enrvr.e d to 20 y t or Renew si 76 800 2 ' g er more af urarnt.m Amendment more o a

233 f or f sel prm es ug andfnb va Mawr Safr y an i ern 6roriment a!

34 600 M ajor Sa f e g".a r :13 8.300

't r

Enor - baf et) an t e rn on m e nt al 1 400 M or Sa f r g u ard.s

} S00 Alm !st rai a

• 150 H 1.veraes f or to -.cs.oi: and use o f 5 An ocation 12.000 kW or na < re / co n'.az r.ed d r a r. ! u r-1 ' ten i e t t.se 112 800 235 m uramum er rded to mv Henes s il 900 f F an 20 pet for f ael nrm cw ng and An.rrot:ncrt

'anrn at uen.

M a vir haf er y altd et;t irimrr era al 34 600 v Al Tr F.4 f rg ei.e 8l FA 6 y 3)

M r a.r Saf e' ) ao i craironmenta;

' 4tM)

M,r>r Safrg are 3aoO A ! mir.at ra! n e l'30

,C I n erm s f or pove. won and use of 2 Appbration f ar e > M rut 'mn appros al SO 000 kg or me.re of p12 <

f er f uel Coraf r acton appru ai 4 R0 300 pr< = ew.g and f abra a o r.

,t m e r e f ee 241 600 Her.e4 ai tio 800 Am e r i d r" e r. f '

Masr bafe s ar'd e s a or r-.. r. : m 75 000 Marr Sa 'e g u ar e 1? Rs'd Miro,r Safet ) an,1 e ns ininme n".ti 1 to 5?SC26 m'n See footneres at end of table 170 5 xpter.ber 1,1978 c

PART 170 o FEES FOR FACILITIES AND MATERIALS LICENSES"-

8CMEDt'I.g OF PEES fos MATERI A13 LICEN1ES AND OTHER REGUIATORY Services-Continued Category of materials beenses Type of fee-p ce D Leenses for possession and use of 5 Apparation...

3.000 kg or more of contamed urantum Nes beense...

31 600 235 Ln unsealed form. or 2 kg or Renemal.,

18.000 more of utsnlum 233 in unsealed Amerdrunt.

form for actte.tles other than fuel Safety and environmental..

1400 proccastr.3 a..d f abrication. '

Sah guards.

2 800 Admmastrattve.

150 E Lacerises for possession and use of Appiication.

6.000 quantitles of plutonium of 2 kg or Nes hA.ac..

56 300 more in unsealed form for actallies Renemal..

33.100 ot her than fuel processtng and fab. Amendment.

r1 cation

• Safety and environmental..

1.400 Saf e guards..

(W Administratts e..

'. 50 F ucenses for posseuion and use of Appbcation..

S000 2'h) but less than 2 kg of plutoni. New bcense..

42.100 um m unsealed form

• Rene n aj..

29 800 Amendment.

Fafety and environmental._

1.400 Safeguards 4.800 Administrante..

150 0 Ocenses for possession and use of Appbcation~.

2.000 350 g but less than 5 kg of contained Nem heense...

18.800 uranlurn 235 in unsealed form. or Renemal.

11.100 200 g but iess than 2 kg of uranium Amendment.

233 in uracaled form =

Safety and en.ironmental..

1.400 Safeguards..

2.800 Ad..mstratne.

150 H IAenses for receipt and storage of apent fuel *.1) Ucense apphcation for a storage facility of custom design req uiring a full design revies '

Ea) Storage i nctitty to be located Application...

8,5 WO at a nem site.

New heense...

2 M) 000 Renem al..

3?.000 Amendment

• o Major-Safety and enuronmental..

88.500 Major-Safeguards.

6.200 Minor-Safety and environmental.

3 500 g

M mor-Safeguards..

3.500 g

AdminLStrative...

150 rn (b p St,orage facility to be located Appheation..

25.000 9

at the site of an entsting nuclear New heense..

209 300 f actoty

• Renem al..

32.000 amendment '

Major-Safety and environmental.

88.500 M ajor-Sa*eguards..

6.200 Mmor-Safety and environmental..

3.500 Mmor-Safeguards _

3.500 Administratne...

150 (21 Lcense appilcation re? a storage facility s hich references an ap-proved standardized design.

tai Storage facility to be located Application..

25.000 at a nem site Nem heense..

236.600 Renemal..

32.000 Amendment's Major-Safety an. enuronmentti..

88 500 Major-Safeguards.

6.200 Mmor-Safety and ens tronmental..

3 500 M inor-Saf eguards..

3.500 Admmtst rative.,

150 t b > Storage f actitty to be located Application..

15 000 at the site of an entstmg nuclear Nes brense...

130 000 f actInty

• Renes al..

32 000 Amendment. '

Major-Safety and enurt nmentst.

88 500 M aj o r - Safe guards.,

6 200 Mmor-Safety and ernironment s1 3 500 M.nor_ Safeguards.

3 500 Adm.rustratne.

150

< 3 n Ucense appbcation for a storage farthty of duphrate design-design which ta identu al to a prenously la censed detail design.

<a Storage f acihty to be located Apphratmn.

15 000 at a nem s te.

New lacertse..

159 2W Renesal.

32 000 Amendment '

M4;or-Safety and erairoru..antal.

88 500 M a jor -Saf eg u ar d..

6 200 Mir.or-Safety and env:ronmer tal 3500 M mor -Sa f e gu.rds 3 500 Admmistraf oe.

150 ibt Sinrage f act:It y to be located Apphration.

10.000 at the s:te of an custmg nuclear Net Ocense -

73 500 f acdit y

• Rer,em al.

32 000 See footnotes at end of table Se-tember 1,1978 170-6

PART 170 o FEES FOR FACILITIES AND MATERIALS LICENSES-N Hf.Di'IE OF FIP S FOR M ars minLs Ltca m srs nNo OTHrR Ilf G1 LaTOR Y Fla v tt rs Con t ln ut'd Categor) nf rnaterials la cru.n Ty pe of f ee -

Fee Amendmer.t

• M ajor - Sr.f et y am ens tronmen t al sa 500 M ajor - Saf eg uard.,

6 200 Mmor-hafety and environmental 3 500 Minor-Saf eguards.

3 500 A drm niu ra tts e 150 I laceraes for n'uewon and use of Apppralmn - Nes bcense 110 special n uclear material m mealed Renemal.

110 sources c ontained in desires used m Amendment.

40 inJastrial measurma systenu '

J All ot her special rioclear material Appbration-Nes licenne 460 hrernes. eteert beers.ses authurtzmg Rec.cs al..

460 semal nuclear malertal in usurated Amendment.

110 f orm m com t,m a t io n that s ould c orat it u e a critical quantit y as de f med tn 1 150 11 of Part 150 shich ea;l pas t he same rate na Catemor) 1(i an 1 ger sai nuclear rnater:af for e m p>a cr generst mn s hn h shal' pa s t h-f re m ( af egory 10 '

2 sou r. r

.t at e r :a; A 1.n cr scs f or pov.ewsn and u.se of App.it ation 11 000 s 2 *rc material in m il h r,g oper Nes ticerue '

96 % 0 at. h

. ucept m m sit u leachmc Renem al'

• o0 800 SPJ b%p lead hmg operattoru Amendment

• Mamr - Safet) and ensironmentsi' 20 800 Minor --Safety and ensironment al' 3 500 Adm mist ratn e 150 H 1..remes f or pruccums and recos Productic.n scale actnity er) of wurce matertal in m stu A pphration 7 DN) leachms ooerattoru or neap leach Nes hceruc

• 54 500 mg otershons Research and desclopmern ara:e act n ty Apphcat ion 2.000 New heerue' 21 800 Rene m al '

• 17.300 Amendrnent

• M ajor -- Safety and ensu onmental'

'4 200 M mor Saf et y and ern irontnent al 760 Admmut r at n e

• 150 C l i ene f or ref mme u iruum mLH A pphrat mn 11 000 c oncert rau s to urarwm hesafluor Nes brerme.

96 700 3

Renes al '

45 800 Q

Amendment

• M ajor Safet y and ens ironment al' 20 800 Mmor Safet y and ensironment al' 3 Sno w

A dminist rat n e 150 Q

11 A.: a ber s orre material brenses Apphration -- Nes license 140 Renemal 7s.

Amendme nt 40 3 H > D +1m t material A 1.scr.cs for uwscwon and use of Appura' ion - Nes heerue 460 b> prmi vt material tuued purnarit Renemmi 460

> Parts 30 and 33 of this Chapter Amendment 110 f or pro ( cwr.g or m anuf act urms of if ems conta;nmg byproduct material f or cr* mereial dat ribution, curept t,vprr=1 vt material for u3e in power ge'.crat;en s hu h shall pay the fee i ratrgory 10 H 1.oese s iuoed purwant to j 32 72 Appbration-Nes been3e 190 of the chaptee mat her:7mg the pro R e ncu al 150 ewrg or man u f act ure and detra Amendment.

40 but, - of rad.op har".areut h ais nn t amir.g bs prod.sr mate :al C Lve

.es

' er h 91urt r.ateria. Apphration Nes 1 rense.

I N) s ed par uan' to Part 3 4 of t h.a Renew al.

150 r r.a:z er ' r.r m<tust rial radiograph) Amendment 40 t tv a';

a performed m shichied ra

+.g r ap ) irut aMat ton s e or perma r e ta l, des.gr;a t ed are*i h r at the a.11 ww es i hMed m t he orense Il Lace raes for by prr*1urt material Applicatiori-Nes brerue'..

4 6(.

i.vurd pursuant t o Part 34 of this Renemal 460 c hapter for mdastrial radmgraph > Amendment.

110 operations performed m a snielded r adiog raph y it.st au nt soro s i and at mu Mic temporary Watioru at the a idrew es ' shos n iri t he ure13es of at temporary jotmites of the hrensee m t r e fic!d F. Lu crem to* Powewon and use of Apchcatan - Nes beenw 190 typ M a c' mater'ai m

sesi*d Reness!

150 wurces for irradialmn of materials Amendment 40 sten the s ou rce is not remo.ed f rom a e sr met s self stuelded uruta s F l.v er m s for peewon and use of Apphration - Nem brense.

460 by" oduc?

material in scaled Renesal 460 wurces for trra$ation of rnatertals Amendment 110 s he re 'he source m es po.ed for irra diaf mn portues j

see footnom at end of tahie

'. / 0 7 Septer-ber 1,1978

PART 170 o FEES FOR FACILITIES AND MATERIALS LICENCED -

Scumutz or Prr.s ron Marsalats L1ctnsts aso Ornra RzatrLAroar 8 ayIcts-Continued Category of matertsis licenses Type of fee' Fee O. Ucermes tasued pursuant to Guty Appl [ cation-Nem ikense..

950 part is of Part 33 of this chapter to Reneual.

570 distribute items contatnhg byprod Amendment...

230 uct matertal or quantities of by-product material to persons general.

ly licensed under Part. 31 or 35 of this chapter, esc *pt specific licenses authortr.mg redistribution of items t hich have been manuf actured or im ported under a specific license and licensed by the Commission for

• • stribution to persons generally li-censed under Parts 31 or 35 of this chapter H. Utenses lasued pursuant to Sab Ap?tication-New hcerme...

950 part A of Part 32 of this chapter to Renen al..

570 distribute items containing byprod-Amendment..

230 uct matertal or quantitles of by-product matertal to persorJ earmpt from the licensing requirements of Part 30 of tnia chapser. except. (1) f t 3211 and 3218 of this chapter.

1. 21 specific heenses authortzing re.

distribution of items and quantitles whlch have been manufactured or imported under a spectfle license and licensed by the Commission for distribution to persor.s exempt from the licensing rWulrements of Part 30 of this chapter, and (3) spectric licenses a hich authorize distnbu-tion of timepieces, hands. and diais.

I. Ucanoes issued pursuant to $ 3218 Appbcallon-New license...

190 of this chapter to dstrthete quanti-Renem al..

150 ties of bypro turt mate-taa to per-Am endmen t...

40 sons esempt from the hcenntng re.

quirements of Trt JO of this chsp-ter.

J Drenses tasued pursuant to 13214 Application-New Ilcense...

190 of this chapter to distribute time. Rene s al..

150 O

pieces. hands, and dials contammg Amendment...

40 ew hydrogen 3 or promethium 147 to

^

persons esempt from the licensing f

requirements of Part 30 of thLs chapter g

• r K beenses for ponneuson and use of Application-Nes ncense..

190 b) product matenal for research and Renen al..

150 deseluprr.cnt, escept those brenses Amendment.

40 rosered by catesones I A or 3B. and hcenses cosered by catesones TH or 7C authortzma med cal rescar h.

L All other specific byproduct matert Application-Nea hrense..

110 al heenses, except those in catesones Renet al..

110 4 4 through 10A

• Amendment...

40 4 Waste dispt. sal A brenses specifically authonzmg Appacation...

32.000 the receipt of m aste byproduct ma Nem license

• 291.100 terial. scurre material. or special Renesal' 98.500 nuclear matenal, from other per-Amendment

• sons for the purpose of commercial MajorSafety and environmental

• 197,700 disposal by land or sea burial by the Mmor-Safety and ensfronmental..

690 Iteensee Administ rain e..

150 B Deenses spectf acally aut honzmg Application-Nem license.

1.100 the receipt of maste byproduc t ma-Renes al..

570 te n al. source matenal or special Amendment nucicar matenal from other persons Safety and ens tronment al 570 l'r tne purpose of packagms the Artmidr atn e

• 150 matenal. The hcensee 3 41 &wose of the mateer.: L3 tra.nsfer to an other person a thorized to recene or dapone of the matenal C.

lacenses spenf:cally aut honzmg Apphration-Nem license -

190 the receipt of prepackased s aate Renem al..

150 bsproduct mater:al. source matenal Amendment 40 or spen al nuc lear matenal f rom other persons The hcenace sill das p#e of the anatenal by transfer to anot her pe r s<m aut honzed to re cene or dispose of the matenal 5 Weu toerms and mell suncys and Apphration-New heenw.

460 tracer st udies A Larenses for poses Renes al 440 sion and use of spec a] r ucirar maten A mendment 110 al and or b> prodst matenal for mell loggma. mell sur e> s. and tracer st ud les 6 Nuclear laundnen A lacen.ses for rom-Appuration - Nem heense..

460 me rnal collec t ion and laundr) of Renem al 460 st ems cont amn at ed s it h b ', p rod uct Amendment.

110 matenal. aource material. nr special nuclear matenal See footnotes at end of table 579039 September 1,1978 170-8

a PART 170 o FEES FOR FACILITIES AND MATERIALS LICENSES" ScurDrt.r or Frzs rom Marulau Licznsu ann Ornu Recturony Snvicu-Continued Category of matertals licenses Type of fee-Fee 7 H aman use of byproduct material, source matertal, or spectaj nuclear material A Drenses tasued pursuant to Parta ApplicatlorwNew license...

3(o 30, 40. and 70 of this chapter for Rencom]..

20 human us= of byprodart matertil. Amendment...

40 source materia). or spectaj nuclear water 1al in sealed sources corttatned in teletherapy devices D Ucenses tasued pursuant to Part.s Application-New license..

190 30 40. and 'h) of this chapter to Rence al..

1%

medical institutions, or too or more Arnendment...

to physicians on a single license, for human use of byproduct material.

source material, or special nuclear mater!al, encept licenses in rategory 7A 19e C brenses lasued pursuant to Parta Appiscation-Net licerse..

30. 40 and 70 of this chapter to an Reneet1..

130 40 L1d?viduel phys clea for human use Amendment..

of byproduct mater 1al. sou re mate-rtal. or special nuclear mate rtal, encept licenses in category 7 A 8 Civil defense A Ucenses for pw.seaston Application-New license.

190 and use of byproduct matertal. source Renewal..

ISO 40 matertal. or specJ nuclear matertal Amendment..

for civil defense arth1tles 9 Device. product or scaled source safety en aluation.

A. Saf et y evaluation of devices or Apphretion-DaJustion.

S76 products c<mtaming byprodact ma-te rt al. source material. c,r special nuclear material. except reactor fuel denices and devtres or producta dustributed to general luensees or perwns esempt from the require-menta for a license pursuant to Parts 30, 40. and 70 of this chapter B Safety evaluation of sealed sources do.

110 contammg byproduct material.

sourc. matertal, or special nuclear O

material, except LI) Reactor fuel.

-p i 2 i scaled sources detributed to gen-eral licensees or perwns erempt

[

from the re<s.strementa for a license pursuant to Parta 30. 40. and 70 of my this chapter. and (31 poser sources covered by cat + gory 10 10 Pos er source A Ucenses f >r the Application-New iscense..

1W manufse ture and distribution of en Renew al..

eso capsula.ted byproduct materia) or spe. Amendment..

4N cial nuclear material t herein the decay energy of said matertal La used as a snurce of poter. except reactor fuel 11 Transport.ation of radioactive matert.

al A Daluation of spent fuel cast for Application..

8DN greater than 20 kW decay heat.

A pprov al '

75 100 Amendments.

• M ajor

• 6 tNC Minor

• 3SN Administrative..

150 150 Renes a]..

B D aluation of spent fuel cash for Application...

7 000 less than 20 kW decay heat, air Approval

• 62 2 %

shipping package for plutonium. Amendmenta '

high lesel e aste casks. and packages Major

• 5 SOU contaming radioactive m aternal M mor

• RM greater than 2,000 tirnes the type A Administrative..

ISO quantity '

Renes al..

150 C. D alvation of fisalle packages con-Application..

1 000 talning greater than type A quanti Approval

• 12 800 ties of radioactive matertal. pac k Amendments-

• ages containing radioactive material Major

• 35%

lens than 2.000 times the type A Minor.

6 90 quantity '

Administrative.

150 Henemal.

150 D Daluation of flas11e packages mn Application..

700 taming less than type A qu.ntitles Approval *......

6 200 of radioactive matertal. pack ages Amendments-3 containtng radioactive mater'ai less Msjor' I 490 than 200 times the type A quantl.

Minor 3M t y. '

Administrative..

1S0 F%=y Reness!.

150 dy E Daluatiori of packages conta:ning Arp!! cation.

200 radaoactive material less than 20 Appro al

• 1 200 times the type A quantit y. ' Amendments

• Mn Renes al 150 See footnotes at snd Of t& Die.

September 1,1978 170-9

PART 170 o FEES FOR FACILITIES AND MATEh 8CHEDt'L3 OF pef 5 Fort M artRt als Llcu sse s am o OTits a Its.i;t*Larosiv SEnvicss-Cont mued Category of meterms heenne.

T > t* of f ee Fe+

12 000 12 Hesies of BLandardised bient fuel f a A t yv etme-107 200 riht y des an a A:I rm al '

13 Special pro}*r ts *

' 71 pes of free Separat.e charges as show n tn the achedule ard] be amarased for applicatk>na for new II

.ennen and apprm a.s kssuaue of r et lvene and spor n a% and an2endment.a Md tenewala to es tating 11 refwes ar d sg pros als Ibe f o'. in tra gatdehnes aptuy to theme cha.rtes eca Apt. rat mna for n ar erab Le*nmee and apptm als shall te scornpanned by the pre-L s a i A pp traf M r enret t !5at sic N at mrts for breeMs covertng more than ons fee m rihed apphratmn fee fM e

'h rats gor y rategory of spes ini nu iear r u rt'al <

• s t l+1 ng rate s 3r y lii) to te used at the same location. shall be at compamed by tre press rit,cd ppm at.on fee for the highest fee estegory Where a hrenae or apprc *al had aspired the f ml artw almn fee for cam r a evory nhan be te c urept for Decrtses rovering more than pne fee rategori ef = penal nur; ear material ' ctr luerg ratevr) I H i f or toe at the same lorauon, in th6ch case the apt brahon f ee f or the highrat rategory woat nW S b i 1 treue o ppro, al fees het hcenses and apprm ais me,1 m f ee categence 1 A through LH. 2 A. 2B 2C. '4 A lI A thrm th alF., and rat.esory 12, shan g sy t he Lcewe or approgal f ee for each rategory, as deter.

mined by 'he Couritaaton t hen the reues of the apua ation or project la comp 6eted doce footnots (s.

except it at a hrerme co,erms rnare than one fee rates 3ry of spertal nuclear material in categories I A through 10 shad pay a lerense fe+ f or t he h:ahest fee estegory maataned to the brense te n Ressenre' fees Apphrations for rene+al of materials licenses and appron als shall be accompanied by the prescribed fee for each rategory enrept that apphrations for renemal covering more than one fee cate gory of special nuclear rnaterial leurludmg rategory IHi to be teed at the name location. shall be areompa-When the review of an appbcation for re-rued by the prewrit ed renes al fee for t he Nghest fee ratraory nesa) is remg irte for licew.e in f ee < alegarnes 1 A t hrough I H. 2 A. 2H 2C, and 4A. the Commtasion mill en-amme the renes al fee in accordnare a tt h httmte 4 and s ul refund any osercharges of the renewal fee, if apphrable idi Aendmenf fees Apphralmna for amendmer.ta shaL1 he a(companied by the prearribed amendment f eet a l At the time an aprutun for amervimer t in Ided f or 11rennes and approgala in f*f categories B A through IH 2 A. 2B. 20. 4 A. j l A,11B.1IC 11D. at:d llE the incensee or applicant shall provide an initial arternunal.on of the amendmer.t riman and s' ate toe bas.a therrfor sa par 1 of the amendrnent or approsal and shall remit t he fee correspondmg to tt:st determinalton. homewer. t hen review of the amend reguent ment or ag proval ta coroplete. the Coe..mtmamn wt!I examine the amendment fee in enordance alth foot-note 4. If a.g phrattle. and a ul ref und any overcharges to the licensee or applicant, or bill the licensee or ap-p!! rant f or t he aMitional kinendrr ent fee Amendments t hsch result from written NRC requesta may be esempted f rom these fees at the d;ncretion of the Commaanon t hen the amendment la laaued for the con tenience of the fmc An apparataon for amendrnent to a heense or approval claasifted in more than one 'ce category shall be accompaaled by the prear rttsed amendment fee for the categoa y af fected by the amendrnent, urtlesa the amendment la appbrable to two or more fee rategortes, in ohnch came the amendment fee for the htshest fee rategory seuld apply An apparation for amendment to a materials brense or approsal that would place t he been3e or approva! in a higner fee rategory or add a new category shall be acrompanied by the o

carept for applications for amemimenta increaatns the U" prmeribed ap pWat son fee for the nem rategoryacor+ of a hremed program from fee rategories IP to IE IG to ID. SC to 3D. and TC to 7B. En e blch cases t r e amendment fee f or the h. sher fee rategory sound appiy An application for amendment reducing the g

scope of a licenace a program shall pay the amet.dment fee of the fee rategory mantened to the license at the a,

tirrie the appin atmn is Ided Apphratmns to teermr ate brenses shall not be subject to fees m

'IJernsees patir:s fees ander rategor"s I A tr.rnugh 1H are not sub) cot to fees under categories II and 9

IJ for mea <ed worres authortzed in the name license Appitrant.s for new licenacs or renetal of enlattng h ren3es that un er both t;yprrxf act matertal and special nurlear matertal in sealed sources for use in gauging dences mili pay the sporopriate app'tration or rencu al fee for fee category 11 only.

• A rnajor ameiniment ts defined a.s one requirma esaluation of many asperta of heensed activities where the proposed art ton rould f resent a potential rt,k to the pubhc s health and safety A manor amendment la def med as one a h+ re safety, ernironmental or safeguar<b considerattons may be easdy resolved An admin 13trat n e amendment is def me i as an amendrnent that la proInfinaJoutine la nature. or has no safety. en-monment al or safeg aards udmfirar.re

• When ( ne res ies c f an aM hr at:0n ts remp;etc. the empenditures for profesasonal manpower and ap-propriate support ser.n es m ui be de'ermmed and t r.e resu; tant fee amessed. but in no event will the fee esceed that shaa n in the whed a e of f ees f or materta;.s hcenses and other regulatory scruces All admints-trat n e ar~r dmer ta are twed on f.ned charges

' Fees w o d j be as phrarne oru y m thme Ir6tances w here a ante safety and environmental review has tw-en perf rmed and,tarumee/ rd by t he Cammwon f or t he ante at t hich the storage f actilty La to be locat-ed a b-e.s at p:a ab c Ic a hrerar authormns r:ther prodartion =eale activity cr researt h and development u ale ati+My

" A t y pe A var d y is def: red i,1714 g t of 10 CFR Part 71 de lee %rvd by t he ComrheVmn takmg into arcQunt the profes&lOnal man-

'Charde S ul M cpar at ri) md t.y ine af phrable ro t per man year. plus any appropriate pes er re,..rr2to oduc t t he reg ra m m o o ppo

• v r i rs < osta meu rre:t i 170 32 Schedule of fees for health and.afety, and safeguarda inspections for rnalerials

!!r r n ses.

i m tu t t < >r M aranl at.s Istm s< IN srtcTloN Prr.s caud c er mas naa r e r se s T) pe of f ee -

Fee

• L

'recauency=

i % :a: rmear matwa:

A Im er vs f or t, sew.nar* ne e ' H al' h and safet) 45.300 3per year far as - rn i r e ide Owr t, r a 43 d u s r rts 10 300 Do r um ;35 m orar. vn e r r e r-1 N.

pr t

$1" r,

re Gr ( 4 0

/ kg Or rPd.Fe i d,i t ar.. M 233 f ar f uel pr.m e mal udfab v at : an of Hra:t h and safet y 5.300 Do F

j h l a c re.e s f. r p%.e w o n an d

.ar f.s e ' 5 + kg or twre of mr,tatr.ed t ru Saf e g uartis.

10.300 1 per year b

sh mm m in uraruum ermchei '>

he f Wrmte at end of tabe sepurmber 1,1978 170 10

4 PART 170 o FEES FOR FACILITIES AND MATERIAL'.S LICENSES-Scurot tr or Matralats Ltctmsg Inseretrow Prrs-Continued Fee Manimum frequency

• Category of materials licenses Type of fee' less than 20 pct. for f uel processing and f abricanon C brenses for possession an 2 t.se of Health and safet y 4 600 4 per year too 12i kg or more of plutonum for Safrauards 11 700 3per year f uel proreamms and f abrication D brenses for pouesaion and uae of Health and safety 4 900 1 per year f ar :Si kg or more of contained ura Safeg uards 7 600 2 per > car naum 235 in uruca:cd form or t a o 62i as or more of ur6nium 233 m un waled form for artisities of her than f uel prurcums snd f abrication E Urenses for posseuion and use 9 Health and safet) 780 1 per ) car quantitics of plutonium of t uo t 2' Safeguards

$ 400 2 per ) ear kg or more in unsealed form for ar inities other than f uel prot euir s ar d f abrication P bren.ses for poucuson and u.se of Health and safety 180 1 per year 200 g but leu t han too 4 2 kg of plu Saf eguarda.

2 300 Do tonium m unaealed form O brermes for pouruton and u e of Health and safet) 780 1 esery 2 years 350 g but less than f ac 4 Si kg of Safeguards 4 000 t per year conta.ned uranium 235 m unwaled form or 200 g but leu than tuo r 21 kg of uranium 233 m un. sealed form H Lceroes for re(cipt and sto age of spent fuel (11 brense application for a storage f aciht) of runtom deman requiring a full design resles

.as Storage f actht y to be located Health and safet) 780 Do at a nem site Saf ru uariin 2 000 2 per Sear

• bt St orage f arlht y to be loc ated Health and safet y 780 1 per ) car at the site of an enatmg nuricar Safeguards 2 900 2 per year f acilht )

12 i Lcense application for a storage f aca ht y s hich re f e re nce s an ap prosed at andardized desqrn t a s Storage f aciht) to be im ated Hamit h and safet) 780 I per year at a nem site Safeguards 2 900 2 per year

< b i Storage f aciltt ) to be located Health and aafet y 780 1 per year at the ute of an existing nuricar Safeguards 2.900 2 per )f ar f aciht )

o i3 brense application for. storag e fN f ariht) of duphrate design -design s hach is identical to a pres sously la

[

eensed detail des gn

@ in s Storage f acihty to be located Health and safety 780 1 per ) car at a nem site Sa f e g uards 2.900 2 per year (bl Storage f acil:ty to be located Health and safety..

780 1 per yeaJ.

at the ante of an estatmg nuclear Safeguards.

2 900 2 per year f actisty I beenacs for ponession and use of Health and safety.

330 i eser) S years special nuclear material m acaled sources contamed m devices used in industrial measurma s>sterr.s J All other special nuclear material... do..

780 1 per year.

licenses. enrept licenses authortrang special nuclear material in unsealed form in combination that ac cid constitute a crmral quantity as de.

fmed in 5150 11 of part 150 t hich shall pay the name rate as category 10 and special nyclear matertal for use in poner generation t hich stall ray the fee in rategory 10 2 Source matertal A Ucenses for posseuion and use of.. do..

I800 Do source material in millms oper ations, except in in attu leaching and heap learning operations B ucenses for prorcums and recov-

.. do -

1.800 Do cry of source material in in situ leaching operations or heap leach-Ing operst.ons C. Lcenses for refining uranium mill.. do..

1,800 Do concentrate s to uranium hexafluor ide D All other source material licenses.

. do -

460 1 escry 2 tears 3 Byproduct matertal A brenses for posseuton and use of Health & Safety

• byproduct material tasued pursuant large program..

1.600 1 per year to parta 30 and 33 of this chapter Small program.

780 Do for procesama or manuf acturma of items containmg byproduct material for commercial distribution. except b>profluct material for use in poter generation w hich shall pay the fee g= g in Category 10*

ej f,)hhh B Drenses Lasued pursuant to ( 32 72 Hea:th & Safet y..

6 SO 1 escry 3 years of this chapter authortzmg the pro-cewing or manuf acture and distri See footnote at end of table 170 11 Septernber 1,1978

3 PART 170 o FEES FOR FACILITIES AND MATERIALS LICENSES '

N 1:arta <>a Waf a.alais Lacamma InsrsrTion has Juntinued i a!c tor y a f rnat er:a.s larcruere f > pe of f ee.

Fee' M a s am tim f r equenr) '

but16 i ed rad a pharmaceul u n.s e e t au.w s to p. f m t matertal C ls e nses f or t > rrodurt mat e r ial do 7 20 1 per year sweed pearwa ;t t o f. art 34 of t his

< haver for irriet rial radmg r at'h y coe r st ions pre f ormed in a shiebled r ad mg ra ph y trut al'et ioro s i nr ;er rr anent l y des.u.sted arem s' at tr e salilre Aly41 Ltf ril in t he lu erse' s

la l e er.sen f or ta prmtw t rna t e rial 4,

9As IM m,rd tm rsuar' t o par t 34 of tha s hau er f ar arutustrial raJ W raphy ope r a t io na per f ormed in a thie tJed r e.ims v a ph ma' a: stmro.s as e d at muitspie tempi,rar y lurations at t he aMreans ee n shamn in the licenae or at temporary jobattes of the licenace

.e (6elda E lucemes for twesemon arid use of. do 390 I escry 5 years b>produvt mat enal en sealert

,ources for in aattalion of mawrials a bere the source la n ot remo* *d f rom Bla shield t rietf shicidyd unita s fr trerues for ponacsaion and une of Health and safety 3ito t escry 3 years by produc t m a t er'.)

in scaled sourtes for irradiat6on of materiaLa shere the sourre la espumed for irra diat6on purpees O !arennes Lasteed pursuarit to Sut>

- do, 390 Ib part H of part 33 of this chapter to distnbute itema containing byprod urt matenal or quantitses of by.

produr' matenal to persoru gene raj ly brensed under parta 31 or 35 of this chapter. enrept specific licennes authortaans redstributton of items shW h have been manuf actured %

'mported under a sisectfic heense and incensed by La

• Commamanon for dLat.rtbutJon t.0 per. 7ns generally b eerwnN under parta 31 or 39 of this O

e hapter 5

H tamnaes tamued pursuant to Sut>

..do...._...

390 IM f%

part A of penst 33 of this chapter to CC distribute stema roritatra.tng byprud E

urt matenaJ ur quantitnee of by-M prenduct sna.enal to persons esempt frnm t he " reams requirements of part 3 / of t h, c riapter. eurept t il H 331 s and 3214 of this chapte'.

s 31 specific twenses authortains re-dia'ributaan of items and quantities a hacf1 haie reen manuf actured or Lrr! ported un fer a spectf tc heenac and tuerue ? F y the Comrnias6on for dtst riba.t e v

> persona esempt from the licera-.4 requirements of part 30 of this c hapter. and (3 s spec.ric brenacs whic h authortse distribu-tion of tunepieces. hands and diala i IJrerues usued pursuant to 132.10.

.do.

390 IM of this chapter to dist.nbu s quanti ties of byprudart masertal to per sons esempt f rom the twenams re-quiremer;ta of part 30 of this chap.

ter J Larenses neued pursuant to $ 3314. do........

390 IM Of thts rbacter to dtstribute time oseres. hWis and d+als, contaaning hydrogen 3 or proeneth um 147 to persms cuerrpt fnen the brerwing r*q uireme nta of part 30 of thui c hapter K tarenses for umarunon and use of.. do.

Is0

[M byprenduct material for research and development, except thre brenaes rovered by rategor es 3A of 3H. and brenses covered by rategortes TH or 7C authana:ng n ed:ral researth

1. Ajl other specific byprtxfort matert

...do _.

390 t every 5 years.

al brennes, ene?pt thcae in cates &

ries 4 A through 10 A 4 Waste diaposal A laccrues specifically a ut hoctr.ing do.

9.'io 1 p-r year the receipt of uraste byprodart ma tenal. aou rce matenal, or specia) n ur iest rnatertal. f rom other per anna for the purpier of commerrlal dt.nprmal by larA or sea bunal by the Iveruce H !acenses specifically a ut hor uung Health & Nfet) 550 I every 3 years y

Qq lhe receipt of amate byproduct ma.

yg 8ee footnoto at end of tab:e, September l 1978 1,0-12 e

s PART 170 o FEES FOR FACILITIES AND MAYERIALS LICENSES ~

& Hrnts er Maintets Lscanst Instscrton Fn.s-Continued Catesory of rnatenta 11rerece Type of fee' Fee

• W a n im u m f req uency *

- - - -. _ - - -. ~. -

te r '.al mou rt e material or stec;al n ucica r re at e r t ai f rom ot her per s.;ns f or t he r u rper of pa. k aging t he...arenai The lireraec m ul d.a per of the matenal by transfer to anot he r pe r son m at hartred to re-ren e or dis;.i.ar of t he mat erla; C

1.r e rL*c s a; *c. O r a '! y a u t t' eridng

. do 850 Do.

the rev e:pt p r e pac k ag e d m as t e b)twtafurt matenal sourre material of suertal n.a ie ar materia! f rom ot her perse.s The ar-crece mill dia pae of the rnaterial by traraf er t.o arether pe ra 'n a uthortzed to re -

retve er davone of Lne maternal S Well logams ud mell surseys and tracer at w11*s A 12cerees for t=enenawa and uar of do 13J Do simal niertear matenal ud or by prwis t m a te rial for m ell log ging m eil sur* *ys. and tracer studies 8 Nsleas laundnes A 12renacs f or cwertial rollection

.. do.,

690 Do and laundry of m;r a cor.taminated eith by;ru% nxstenat source ma tenal. or aprcial nuclear maLertaJ T H uman use of b y product matenal, sourre matenal. or aperial nuclear material A Le enacs !asued pursout to part.a.. do.

460 1 every 3 years 30 40. and 70 of this chapter for human une cf b>prodart material.

nourre material or spettal nuclear matenal in sensed sources conta2ned in tetetherapy devices D 12cenars tasued pursuant to partm

. do..

480 1 every 3 years 30 40. and 70 of this chapter to med.ral Institutions. or two or more th>strians on a single license. for human une of by product materist nou rre mater 1at or aperial nuclear o

matenal. enrept 1.cenars an caregory 1A es C IJrenses tasuc j pursuant to pa rta... do.

330 Do g

30 40 and 10 of this chauer to an 6

andaidual phyaklan f ar human use r9 of b>pnmioct matenal. aourre mate rial or spet tal nuclear raaterial.

encept licenses in category T A.

8 Civ11 defense A 1Aenses for pescasion and use of.. do..

200 i every to years bypn=1uct rr.atenal, sourre n.aterial or special nuclear matenal for riv'.1 defense acta =1tles 9 Device. nroduct. or scaled source safety et aluation A hafet y et aiuat to i of dew kes or Not applicable..

. No lnspections prod ut ta containing by prcatuct ma Asnducted terial, source ma tertal or special nuticar m a te n al. e n rept reactor fuel devices and deelres or producta distributed to general licenaces or persons esempt from the require menta for a lac ertne pursuant to parta 30. 40. and 70 of this chapter.

B Rafety evaluation of sealed sources Not applerable No eru,tiert iorn rontaintrts c yprod uct trateriti cond ort ed source material or spedal nuclear matertal e nrept i18 reactor f uel, (21 sealed sourtes distrtbuted to generaj incereces or persona esempt from the requirementa for a license pur evant to parta 30, 40. and TO of this chapter, and 13 poter sourree cov ered by rategory 10 10 Power ecurre A Lacenses for the manuf actore and Health and safety 180 I per year distnbutk>n of enc apsulated Lyprod urt matertal or sterial nucles.r ma ter:al e herein the decay energy of ma!d material La L.aed as a source of preer enrept reador f uel 11 Tyarmortation of radioactive mate r%

A D atuation of spent fuel raat for Not applicable.

No instectloas greater thaa 20 k W decay heat ronducted B Es a!aation of sperit f uel cast for

.do Do less than 20 kW d<ar a y beat att sh t t plia pac k ag e fo pl u ton i um, h:gh lesel o mste e asks and pas kages containing r adoactive mate rial I

ee. rwinote at e-a of tauna e

170 13 September f.1978

a o

e PART 170 o FEES FOR FACILITIES AND MATERIALS LICENSES-bcurntitz or Marratas4 LicEnst InsrecTron Prts-Continued Category of materials licenses Type of fee-Fee

• Mastmum frequency' steater than 2.000 times the type A q u antit y C. Evaluation of insatte pukages con-

.. do..

Do Laaning greatee than type A quanti-ties of radioactive matertal pac k sges containing radioactive i tal less than 2 000 times the i A q uantit y.

D baluallon of fi.Mle putages con-

.. do..

Do tamtr.s less than type A quantattes of radioact!ve material, pac k ages contenir.g radioactive material less than 200 times the type A quantity.

E. b aluation of packages corttammg.. do..

Du radtoactive matertal less than 20 times the type A quantity.

12 Revtew of standardized spent fuel fa

.. do...

Do o

cility design.

' Types of Fees -Separate charges as si. an in thy schedule mill be assessed for each rcuttne inspection T

m hich ts performed

//

' Inspection fees are due upon receipt of noticFfrorr. the Commluion The inspection fee for licenses y'

rotering more than one fee category 3111 lie charged only for the htshest fee category ass.gned the license.

. the inspect 6on of th* cntire.lcense la done at the same time. Where a lleensee holds more than one mate-rials license at a single location, a fee eaual to the higbest fee category covered by the hcenacs 3111 be as-teased. If the inspections are conducted at the same time

• The frequency shooTt in the whedule is the mastmum number of each type of inspection for which a fee eill be mascased a Where a heense authortses shielded radiographic installations or manufacturing installations at mc;e than one address. a separate fee st11 be assessed for inspection of each location provided, however, that if the multiple Installations are inspected during a smgle visit a single inspection fee mill be assessed.

• Por inspection purposes. large and small programs in Category 3 A are defined as folloos. A Large Pro-grams-Those hcensees handitng or processms loose or unsesled material for the manufacture of tagged compounds or producta such as scaled sources and distribution of same *. 9thers $ man Programs-Those hcenaces a ho are processors of "ilrdshed producta. such as prevlow.~r tagged compounds and scaled sources for introduction into producta or reparaaging for sa'e to others

{ 170.41 Failure by applicant or licensee to pay presenbed fees.

In any case where the Commission finds that an applicant or a licensee has failed to pay a prescribed fee required in this part, the Commission will not process any application and may susper i or revoke any license or approval involved or may isst.' Mi crer with respect to licensed activities as the Commis-slon determines to be appropriate or necessary in order to carry out tr.c provi-

_sions of this part. Parts 30, 40, 50, 70, and 71 of this chapter, and of the Act.

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579035 Sep: ember 1,1978 170-14