ML21083A288

Comment (005) of Jennifer Uhle on Behalf of Nuclear Energy Institute on PR-15, 170 & 171 - Revision of Fee Schedules; Fee Recovery for Fy 2021

ML21083A288
Person / Time
Site:	Nuclear Energy Institute
Issue date:	03/24/2021
From:	Uhle J Nuclear Energy Institute
To:	Annette Vietti-Cook NRC/SECY
SECY/RAS
References
86FR10459, NRC-2018-0292, PR-15, 170 and 171
Download: ML21083A288 (3)

Text

As of: 3/24/21 3:14 PM Received: March 24, 2021 PUBLIC SUBMISSION Status: Pending_Post Tracking No. kmn-jkur-wrdr Comments Due: March 24, 2021 Submission Type: Web Docket: NRC-2018-0292 Revision of Fee Schedules: Fee Recovery for FY 2021 Comment On: NRC-2018-0292-0001 Revision of Fee Schedules: Fee Recovery for Fiscal Year 2021 Document: NRC-2018-0292-DRAFT-0004 Comment on FR Doc # 2021-03282 Submitter Information Email: atb@nei.org Organization: Nuclear Energy Institute General Comment See attached file(s)

Attachments 03-24-2021_NRC_NEI Comments on FY21 Proposed Fee Rule

DR. JENNIFER L. UHLE Vice President, Generation and Suppliers 1201 F Street, NW, Suite 1100 Washington, DC 20004 P: 202.739.8164 jlu@nei.org nei.org March 24, 2021 Ms. Annette Vietti-Cook Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 ATTN: Rulemaking and Adjudications Staff Submitted via Regulations.Gov

Subject:

Industry Comments on Fiscal Year 2021 Proposed Fee Rule (NRC Docket ID NRC-2018-0292)

Project Number: 689

Dear Ms. Vietti-Cook:

On behalf of the Nuclear Energy Institutes (NEI) 1 members, we provide the following comments for the U.S.

Nuclear Regulatory Commission (NRC) staffs consideration as it finalizes the fiscal year 2021 fee rule.

We appreciated the public webinar meeting held by Ms. Cherish Johnson and other NRC staff on March 18, 2021 to discuss the FY 2021 proposed fee rule and its underlying basis and assumptions. These meetings are always informative and should be continued.

As outlined below, the industry continues to be concerned with the budget trend over the last several years and what it foreshadows for the future for operating reactors. The NRC should enhance its efforts to ensure its budget appropriately accounts for changes in anticipated workload.

Over the past five years, Part 170 service fee collections have decreased by 20%. This reduction is even more dramatic for the operating plant fee class from which over 85% of service fees are collected, where Part 170 service fee collections have decreased by 45%. While there has been a reduction in the NRC operating plant budget during this time, the reduction has not kept pace with the reduction in operating plant service fee collections. As a result, a greater percentage of the budget is required to be recovered through annual fees. The percentage of the operating plant budget that is derived from annual fees (currently at 73%) continues to increase; up from 62% in FY 2016.

1 The Nuclear Energy Institute (NEI) is the organization responsible for establishing unified industry policy on matters affecting the nuclear energy industry, including the regulatory aspects of generic operational and technical issues. NEI's members include entities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect/engineering firms, fuel cycle facilities, nuclear materials licensees, and other organizations and entities involved in the nuclear energy industry.

Ms. Annette Vietti-Cook March 24, 2021 Page 2 As noted in the fee rule notices and associated work papers, the reductions in service fee collections in recent years have been attributable, in part, to plant closures. These closures were announced well in advance and should have enabled adjustments to be made to properly align the NRC budget to reflect smaller projected workloads.

With a number of announced nuclear plant closures in FY2022 and subsequent years, the downward trend in Part 170 service fee collections will continue. It is not realistic to expect a decreasing number of operating plants to support a budget that, on a per plant basis, is appreciably increasing.

The anticipated reduction in Part 170 service fee collections places a strong obligation on the NRC to ensure that staffing levels and budgets are properly aligned to reflect smaller projected workloads. The NRC should take all necessary steps to continue and expedite its efficiency efforts. Given the maturity of the U.S.

nuclear fleet, in combination with its high level of operational performance and a demonstrated level of safety, timely reductions in unnecessary regulatory burden are appropriate. We are encouraged by efforts underway to transform NRC into a modern risk-informed regulator. It is imperative that these efforts continue.

Please contact me if you have any questions regarding these comments.

Sincerely, Jennifer Uhle c: Ms. Cherish Johnson, NRC/CFO Mr. Anthony Rossi, NRC/OCFO