NUREG-1100 Volume 39, Us NRC Congressional Budget Justification Fiscal Year 2024

NUREG-1100, Vol. 39, Us NRC Congressional Budget Justification Fiscal Year 2024

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NUREG-1100 Volume 39

\ SU.S.NRC United States Nuclear Regulatory Commission Protecting People and the Environment CONGRESSIONAL BUDGET JUSTIFICATION FISCAL YEAR 2024

AVAILABILITY OF REFERENCE MATERIALS IN NRC PUBLICATIONS NRC Reference Material Non-NRC Reference Material As of November 1999, you may electronically access Documents available from public and special technical NUREG-series publications and other NRC records at the libraries include all open literature items, such as books, NRCs Library at www.nrc.gov/reading-rm.html. Publicly journal articles, transactions, Federal Register notices, released records include, to name a few, NUREG-series Federal and State legislation, and congressional reports.

publications; Federal Register notices; applicant, licensee, Such documents as theses, dissertations, foreign reports and vendor documents and correspondence; NRC and translations, and non-NRC conference proceedings correspondence and internal memoranda; bulletins and may be purchased from their sponsoring organization.

information notices; inspection and investigative reports; licensee event reports; and Commission papers and their Copies of industry codes and standards used in a attachments. substantive manner in the NRC regulatory process are maintained at NRC publications in the NUREG series, NRC regulations, The NRC Technical Library and Title 10, Energy, in the Code of Federal Regulations Two White Flint North may also be purchased from one of these two sources: 11545 Rockville Pike Rockville, MD 20852-2738

1. The Superintendent of Documents U.S. Government Publishing Office These standards are available in the library for reference Washington, DC 20402-0001 use by the public. Codes and standards are usually Internet: https://bookstore.gpo.gov/ copyrighted and may be purchased from the originating Telephone: (202) 512-1800 organization or, if they are American National Standards, Fax: (202) 512-2104 from American National Standards Institute

2. The National Technical Information Service 11 West 42nd Street 5301 Shawnee Road New York, NY 10036-8002 Alexandria, VA 22312-0002 Internet: www.ansi.org Internet: https://www.ntis.gov/ (212) 642-4900 1-800-553-6847 or, locally, (703) 605-6000 Legally binding regulatory requirements are stated only in laws; NRC regulations; licenses, including technical A single copy of each NRC draft report for comment is specifications; or orders, not in NUREG-series publications.

available free, to the extent of supply, upon written The views expressed in contractor prepared publications in request as follows: this series are not necessarily those of the NRC.

The NUREG series comprises (1) technical and Address: U.S. Nuclear Regulatory Commission administrative reports and books prepared by the staff Office of Administration (NUREG-XXXX) or agency contractors (NUREG/CR-XXXX),

Digital Communications and Administrative (2) proceedings of conferences (NUREG/CP-XXXX),

Services Branch (3) reports resulting from international agreements Washington, DC 20555-0001 (NUREG/IA-XXXX),(4) brochures (NUREG/BR-XXXX), and (5) compilations of legal decisions and orders of the E-mail: Reproduction.Resource@nrc.gov Commission and the Atomic and Safety Licensing Boards and Facsimile: (301) 415-2289 of Directors decisions under Section 2.206 of the NRCs regulations (NUREG-0750), (6) Knowledge Management Some publications in the NUREG series that are posted prepared by NRC staff or agency contractors (NUREG/KM-at the NRCs Web site address www.nrc.gov/reading-rm/ XXXX).

doc-collections/nuregs are updated periodically and may DISCLAIMER: This report was prepared as an account of work differ from the last printed version. Although references to sponsored by an agency of the U.S. Government. Neither the material found on a Web site bear the date the material U.S. Government nor any agency thereof, nor any employee, makes any warranty, expressed or implied, or assumes any was accessed, the material available on the date cited legal liability or responsibility for any third partys use, or the may subsequently be removed from the site. results of such use, of any information, apparatus, product, or process disclosed in this publication, or represents that its use by such third party would not infringe privately owned rights.

NUREG-1100 Volume 39 CONGRESSIONAL BUDGET JUSTIFICATION FISCAL YEAR 2024

TABLE OF CONTENTS TABLE OF CONTENTS LIST OF FIGURES v LIST OF TABLES vii EXECUTIVE

SUMMARY

ix ABOUT THE U.S. NUCLEAR REGULATORY COMMISSION 1 PROPOSED FISCAL YEAR 2024 APPROPRIATIONS LEGISLATION 5 NUCLEAR REACTOR SAFETY 9 OPERATING REACTORS 11 NEW REACTORS 23 NUCLEAR MATERIALS AND WASTE SAFETY 31 SPENT FUEL STORAGE AND TRANSPORTATION 33 NUCLEAR MATERIALS USERS 39 DECOMMISSIONING AND LOW-LEVEL WASTE 47 FUEL FACILITIES 55 CORPORATE SUPPORT 61 UNIVERSITY NUCLEAR LEADERSHIP PROGRAM 67 OFFICE OF THE INSPECTOR GENERAL 69 APPENDIX A FULL COST OF U.S. NUCLEAR REGULATORY COMMISSION PROGRAMS 75 APPENDIX B BUDGET AUTHORITY BY FUNCTION 77 APPENDIX C ESTIMATED OPERATING POWER REACTORS ANNUAL FEE 79 APPENDIX D ESTIMATED AGENCY FEE RECOVERY 81 APPENDIX E REQUESTED ACTIVITIES BY BUSINESS LINE 85 APPENDIX F

SUMMARY

OF REIMBURSABLE WORK 87 APPENDIX G CYBERSECURITY 89 APPENDIX H

SUMMARY

OF PLANNED RULEMAKING ACTIVITIES 91 APPENDIX I CONGRESSIONAL STATUS REPORT 99 APPENDIX J REPORT OF DRUG TESTING 103 APPENDIX K

SUMMARY

OF OUTSTANDING U.S. GOVERNMENT AND ACCOUNTABILITY OFFICE AND INSPECTOR GENERAL RECOMMENDATIONS 105 APPENDIX L CUSTOMER EXPERIENCE (CX) AND DIGITAL SERVICE DELIVERY 117 APPENDIX M GLOSSARY 119 APPENDIX N ABBREVIATION AND ACRONYM LIST 123 FY 2024 Congressional Budget Justification l iii

LIST OF FIGURES LIST OF FIGURES Figure 1 NRC FY 2015 - FY 2024 Budget ix Figure 2 NRC Organizational Chart 2 Figure 3 U.S. Commercial Nuclear Power Reactors Anticipated to be Operating in FY 2024 12 Figure 4 New Reactor Applications Under Review 27 Figure 5 Anticipated Licensed and Operating ISFSIs by State in FY 2024 34 Figure 6 Spent Fuel Storage and Transportation Workload Assumptions 37 Figure 7 Agreement States in FY 2024* 40 Figure 8 Nuclear Materials Users Workload 44 Figure 9 Anticipated Locations of NRC-Regulated Sites Undergoing Decommissioning in FY 2024 48 Figure 10 UMTRCA and Complex Materials Sites 52 Figure 11 Non-Power Production or Utilization Facilities and Power/Early Demonstration Reactors Undergoing Decommissioning 53 Figure 12 Locations of Licensed Fuel Cycle Facilities 56 Figure 13 Fuel Facilities Licensing Actions and Inspections Workload 59 FY 2024 Congressional Budget Justification l v

LIST OF TABLES LIST Of TABLES Budget Authority and Full-Time Equivalents x Budget Authority by Appropriation xii Nuclear Reactor Safety 9 Operating Reactors by Product Line 11 Power Reactor License Renewals Schedule 17 Non-Power Reactor and Medical Radioisotope Facility Review Schedules 18 Reactors Transitioning from Operating to Decommissioning Status 19 New Reactors by Product Line 23 New Reactor Applications under Review 28 Nuclear Materials and Waste Safety 31 Spent Fuel Storage and Transportation by Product Line 33 Nuclear Materials Users by Product Line 39 Decommissioning and Low-Level Waste by Product Line 47 Fuel Facilities by Product Line 55 Corporate Support by Product Line 61 University Nuclear Leadership Program 67 NRC OIG Budget Authority and Full-Time Equivalents 69 Audits Budget Authority 70 Investigations Budget Authority 71 Management and Operational Support 72 NRC OIG Budget Resources Linked to OIGs Strategic Goals 73 Full Cost Budget Authority and Full-Time Equivalents 75 Corporate Support by Business Line 76 Budget Authority by Function 77 Estimated FY 2024 Operating Power Reactors Annual Fee 79 Budgetary Resources for Fee-Relief Activities 81 Estimated Fee Recovery 82 Requested Activity by Business Line 85 Summary of Reimbursable Work 87 2024 Cybersecurity Request by Function and Capability 89 Summary of Planned Rulemaking Activities 91 Nuclear Regulatory Commission Monthly Congressional Status Report 100 Summary of Outstanding U.S. Government Accountability Office and Inspector General Recommendations 105 Customer Experience (CX) and Digital Service Delivery 117 FY 2024 Congressional Budget Justification l vii

EXECUTIVE

SUMMARY

EXECUTIVE

SUMMARY

The mission of the U.S. Nuclear Regulatory Commission (NRC) is to license and regulate the Nations civilian use of radioactive materials to provide reasonable assurance of adequate protection of public health and safety, to promote the common defense and security, and to protect the environment. The NRCs fiscal year (FY) 2024 budget request is $1,006.4 million, including 2,948.9 Full-Time Equivalents (FTE). In comparison to the FY 2023 Enacted Budget, the FY 2024 budget request increases by approximately 6.7 percent or $63.2 million, primarily to support salaries and benefits, in accordance with the U.S. Office of Management and Budget (OMB) guidance and the workload changes described within each business line. The FY 2024 budget request proposes the use of $27.1 million in carryover to offset the Nuclear Reactor Safety budget. The resulting gross budget authority is $979.2 million, offsetting fees are $823.2 million, and net budget authority is

$156.0 million. As shown in Figure 1, the FY 2024 budget request reflects a decrease of approximately 4.1 percent when compared to the FY 2015 Enacted Budget.

• Program, Corporate, and OIG total does not include the applied carryover.

Figure 1 NRC FY 2015 - FY 2024 Budget (Includes the Office of the Inspector General)

FY 2024 Congressional Budget Justification l xi

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SUMMARY

Budget Authority and Full-Time Equivalents (Dollars in Millions)

FY 2022 FY 2022 FY 2023 FY 2024 Changes from Business Line/Major FY 2023 Enacted Actuals Enacted Request Program

$M FTE $M FTE $M FTE $M FTE $M FTE Operating Reactors 390.4 1,486.1 371.9 1,408.5 404.6 1,471.8 425.8 1,470.9 21.2 (0.9)

New Reactors 87.0 302.0 69.6 242.2 86.1 281.6 105.0 336.1 18.9 54.5 Nuclear Reactor Safety

$477.4 1,788.1 $441.5 1,650.6 $490.7 1,753.4 $530.8 1,807.0 $40.1 53.6 Total Spent Fuel Storage and 28.0 99.0 27.0 97.2 27.1 99.1 28.8 100.5 1.7 1.4 Transportation Nuclear Materials Users 62.3 198.0 62.3 200.4 63.2 202.0 71.4 203.4 8.2 1.4 Decommissioning and 22.9 85.0 21.5 81.6 23.9 86.8 27.0 91.6 3.1 4.8 Low-Level Waste High-Level Waste 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 Fuel Facilities 19.0 71.0 20.0 73.9 21.3 76.3 25.7 85.4 4.5 9.1 Nuclear Materials and

$132.2 453.0 $130.8 453.2 $135.5 464.2 $152.9 480.9 $17.5 16.7 Waste Safety Total Corporate Support 266.3 577.0 285.8 539.5 285.3 579.0 304.0 588.0 18.7 9.0 University Nuclear Leadership 16.0 0.0 14.6 0.0 16.0 0.0 0.0 0.0 (16.0) 0.0 Program Subtotal $891.9 2,818.1 $872.6 2,643.2 $927.4 2,796.6 $987.7 2,875.9 $60.3 79.3 Inspector General 13.8 63.0 13.8 58.9 15.8 63.0 18.6 73.0 2.9 10.0 Total $905.7 2,881.1 $886.5 2,702.1 $943.2 2,859.6 $1,006.4 2,948.9 $63.2 89.3 Carryover -16.0 0.0 -39.1 0.0 -16.0 0.0 -27.1 0.0 (11.1) 0.0 Agency Total $889.7 2,881.1 $847.4 2,702.1 $927.2 2,859.6 $979.2 2,948.9 $52.1 89.3 Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover (Congressionally mandated).

- Actuals reflect total obligations, including obligations from both authorized and discretionary (agency allocated) carryover.

- For the enacted and the request years, the carryover row shows the amount funded by authorized carryover.

- For the actuals year, the carryover row shows the amount funded using both authorized and discretionary carryover, except carryover that was used to fund FTE costs.

- For FY 2024, the $27.1M of carryover is being applied to offset the Nuclear Reactor Safety requested budget.

- The FY 2022 Ukraine supplemental is included in the Materials Users business line.

- The Congressional Status Report (Appendix I) provides more information on FY 2022 budget execution.

FY 2024 Congressional Budget Justification l x

EXECUTIVE

SUMMARY

Resources requested for the Nuclear Reactor Safety Program increase by $40.1 million, approximately 8.2 percent when compared to the FY 2023 Enacted Budget, primarily due to an increase in salaries and benefits, consistent with OMB guidance. Resources also increase to support licensing review activities for new light-water reactors (LWRs), advanced non-LWRs, one construction permit (CP) application for a Non-power Production or Utilization Facility (NPUF), licensing activities for two new subsequent license renewal (SLR) applications, and cybersecurity program implementation. The requested resources for the Nuclear Reactor Safety Program include a total of $34.2 million for the continued development of a regulatory infrastructure for advanced nuclear reactor technologies, as compared to the $23.8 million in the FY 2023 Enacted Budget.

Resources for the Nuclear Materials and Waste Safety Program increase by $17.5 million or approximately 12.9 percent when compared to the FY 2023 Enacted Budget, primarily due to an increase in salaries and benefits, consistent with OMB guidance. Resources also increase to support the international assistance program, reviews of transportation packages for accident tolerant fuel (ATF), one transportable microreactor application, one new fuel facility license application, and licensing actions for power reactors entering decommissioning.

The FY 2024 Corporate Support request is approximately 30.2 percent of the agencys total budget authority, which reflects the agencys efforts to comply with the corporate support cap of Section 102(a)(3)(B) of the Nuclear Energy Innovation and Modernization Act (NEIMA) to the maximum extent practicable. Resources requested for Corporate Support increase by $18.7 million or approximately 6.6 percent, when compared to the FY 2023 Enacted Budget. The increase is primarily due to an increase in salaries and benefits, consistent with OMB guidance. Resources also increase due to Information Technology (IT) Operations and Maintenance (O&M) costs; Development, Modernization and Enhancement (DME) investments for critical activities and federal mandates including cybersecurity; inflation projections and an increase in the number of planned paid relocation moves for permanent change of station; and the Minority Serving Institutions Grant Program to promote the inclusion of women, minorities, and individuals with disabilities in science, technology engineering, mathematics, and other fields of interest to the NRC.

The Office of the Inspector Generals (OIGs) component of the FY 2024 budget request is $18.6 million, including 73.0 FTE, of which $17.1 million is for auditing and investigation activities for NRC programs, and

$1.5 million is for the auditing and investigation activities of the Defense Nuclear Facilities Safety Board (DNFSB). This is an increase of $2.9 million or approximately 18.3 percent as compared to the FY 2023 Enacted Budget.

FY 2024 Congressional Budget Justification l xi

EXECUTIVE

SUMMARY

Budget Authority by Appropriation (Dollars in Millions)

FY 2023 FY 2024 Changes from Enacted Request FY 2023 NRC Appropriation ($M) ($M) ($M)

Salaries and Expenses (S&E)

Budget Authority 911.4 960.6 49.2 Offsetting Fees 777.5 807.7 30.2 Net Appropriated S&E $133.9 $152.8 $18.9 Office of the Inspector General (OIG)

Budget Authority 15.8 18.6 2.9 Offsetting Fees 12.7 15.4 2.7 Net Appropriated OIG $3.1 $3.2 $0.1 Total NRC Budget Authority 927.2 979.2 52.1 Offsetting Fees 790.2 823.2 33.1 Total Net Appropriated $137.0 $156.0 $19.0 Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

The NRCs FY 2024 budget request provides for approximately 100-percent fee recovery, less excluded activities. These activities include fee-relief activities identified by the Commission; generic homeland security activities; waste incidental to reprocessing (WIR) activities under Section 3116 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005; OIG services for DNFSB; and advanced reactor regulatory infrastructure activities. The NRC will recover $823.2 million of the FY 2024 budget from fees assessed to NRC licensees. This will result in a net appropriation of $156.0 million, which is an increase of

$19.0 million when compared to the FY 2023 Enacted Budget.

The FY 2024 budget request includes two new appendices required by OMB direction:

• Appendix G: 2024 Cybersecurity Request by Function and Capability

• Appendix L: Customer Experience (CX) and Digital Service Delivery FY 2024 Congressional Budget Justification l xii

EXECUTIVE

SUMMARY

SIGNIFICANT AGENCYWIDE ACCOMPLISHMENTS IN FY 2022 The NRCs significant agencywide accomplishments include the following:

• Issued the NRC's FY 2022 - 2026 Strategic Plan which includes a new organizational goal focused on organizational health to ensure that the agency can perform as a more modern, risk-informed regulator, prepare for an evolving future, improve performance, and achieve mission excellence in a diverse, inclusive, and innovative environment.

• Established a hiring initiative to recruit and employ new hires at the NRC. Through an agencywide collaborative effort, the agency hired and onboarded 206 new employees, with an additional 78 new employees hired and awaiting an onboard date in early FY 2023. Included in this initiative, the agency continued to build its future workforce through implementation of the second cohort of its Nuclear Regulatory Apprenticeship Network, a robust summer hire program, and conversion of students into the Co-op Program. The agency also developed the NRCs Ambassador program to support successful onboarding and retention of these new hires.

• Coordinated the NRCs response to Russias invasion of Ukraine by leveraging relationships across the U.S. Government, coordinating with international counterparts, and working with other NRC offices to facilitate information sharing, address urgent technical questions and requests for information, and support the International Atomic Energy Agency efforts to assist our Ukrainian regulatory counterparts.

• Continued to oversee the safe and secure operation of civilian nuclear power plants and fuel cycle facilities, as well as the possession and use of radioactive materials.

• Performed the final assessment and completed all inspections under the construction reactor oversight process (ROP) for Vogtle Unit 3 to support the issuance of the first-of-its-kind Title 10 Code of Federal Regulations 52.103(g), Operation under a combined license finding, which authorized Southern Nuclear Operating Company to load nuclear fuel and begin operations.

• Continued modernization of our infrastructure for advanced reactor licensing by issuing: a final NUREG on fuel qualification; a draft regulatory guide (RG) on alternative evaluation of risk insights; and a draft RG on technology-inclusive identification of licensing events.

• Completed 13 Integrated Materials Performance Evaluation Program (IMPEP) reviews of Agreement States. This included extensive coordination and problem-solving efforts to address satisfactory performance indicators in two states and the first consolidated IMPEP of NRC licensing and oversight programs.

• Conducted Tribal outreach on multiple licensing and programmatic activities, including first-of-a-kind outreach and offers of consultation on the Agreement State applications for Connecticut and Indiana.

Created guidance for conducting consultation under the National Historic Preservation Act and Tribal Policy Statement.

• Signed arrangements and agreement extensions with 14 countries for bilateral cooperation and assistance activities for technical exchanges, regulatory information sharing, temporary personnel exchanges, and assistance partnerships for regulatory program development.

• Implemented several enhancements to IT infrastructure to ensure an effective work environment. This included upgrading the intranet; simplifying and modernizing time and labor tracking through the update FY 2024 Congressional Budget Justification l xiii

EXECUTIVE

SUMMARY

to Human Capital Management Cloud; and implementing federated sharing in Microsoft Teams as a faster method to contact colleagues in other Federal agencies.

• Published the Artificial Intelligence (AI) Strategic Plan for FY 2023-2027 to ensure staff readiness to review and evaluate AI applications in NRC-regulated activities effectively and efficiently.

• Issued an order suspending exports of radioactive material and deuterium for nuclear end use under the General License in Part 110 to the Russian Federation (RF) and supported an All-States letter communicating the suspension of exports to the RF under the General License.

• Completed the Five-Year review of the Non-Proliferation Treaty by signatory member states as part of the U.S. delegation during the Tenth Review Conference for the Treaty on the Non-Proliferation of Nuclear Weapons.

Additional FY 2022 accomplishments specific to each business line are included in each chapter.

FY 2024 Congressional Budget Justification l xiv

ABOUT THE U.S. NUCLEAR REGULATORY COMMISSION ABOUT THE U.S. NUCLEAR REGULATORY COMMISSION Mission To license and regulate the Nations civilian use of radioactive materials to provide reasonable assurance of adequate protection of public health and safety, to promote the common defense and security, and to protect the environment.

The NRC is an independent Federal agency established by Congress. It regulates commercial nuclear power plants; research, test, and training reactors; nuclear fuel cycle facilities; and radioactive materials used in medicine, academia, and industry. The agency also regulates the transport, storage, and disposal of radioactive materials and waste and the export and import of radioactive materials. The NRC regulates industries within the United States and works with agencies around the world to enhance global nuclear safety and security. The NRCs key regulatory functions include the following:

Developing regulations and guidance, including participating in consensus standards development.

Licensing and certifying the use of nuclear materials, the operation of nuclear facilities, and the decommissioning of nuclear facilities.

Inspecting and assessing licensee operations and nuclear facilities, including incident response and investigation, and taking enforcement actions when necessary.

Evaluating domestic and international operational experience and taking generic action when appropriate.

Conducting research, holding hearings, and obtaining independent insights that support sound regulatory decision-making.

The NRCs Commission has up to five members nominated by the President and confirmed by the Senate for 5-year terms. The President designates one member to serve as Chair. The Chair is the principal executive officer and spokesperson for the Commission. As a collegial body, the Commission formulates policies and regulations governing the safety and security of nuclear reactors and materials, issues orders to licensees, and adjudicates legal matters brought before it. The Executive Director for Operations carries out the policies and decisions of the Commission and directs the activities of the program and regional offices (see Figure 2).

FY 2024 Congressional Budget Justification l 1

ABOUT THE U.S. NUCLEAR REGULATORY COMMISSION Figure 2 NRC Organizational Chart FY 2024 Congressional Budget Justification l 2

ABOUT THE U.S. NUCLEAR REGULATORY COMMISSION The NRC is headquartered in Rockville, MD. The agency has four regional offices, located in King of Prussia, PA (Region I); Atlanta, GA (Region II); Lisle, IL (Region III); and Arlington, TX (Region IV). The major program offices within the NRC include the following:

• The Office of Nuclear Reactor Regulation licenses and oversees existing nuclear power reactors and research and test reactors and the design, siting, licensing, and construction of new commercial nuclear power reactors, advanced reactor technologies, and non-power production and utilization facilities.

• The Office of Nuclear Regulatory Research provides independent expertise and information for making timely regulatory judgments, anticipating potentially significant safety problems, and resolving safety issues. It supports the development of technical regulations and standards and collects, analyzes, and disseminates information about the safety of commercial nuclear power plants and certain nuclear materials activities.

• The Office of Nuclear Material Safety and Safeguards licenses and oversees the production of commercial nuclear fuel; uranium recovery activities; decommissioning of nuclear facilities; and the use of radioactive materials in medical, industrial, academic, and commercial applications. It regulates safe storage, transportation, and disposal of high- and low-level radioactive waste and spent nuclear fuel.

The office also works with other Federal agencies and State, Tribal, and local governments on regulatory matters.

• The Office of Nuclear Security and Incident Response supports the program offices in overseeing the implementation of agency security policy for nuclear facilities and users of radioactive material and coordinates with other Federal agencies and international organizations on security issues. This office also maintains the NRCs emergency preparedness and incident response programs.

• The regional offices conduct inspections and investigations (in conjunction with the Office of Investigations); take enforcement actions (in coordination with the Office of Enforcement); and maintain emergency response programs for nuclear reactors, fuel facilities, and materials licensees. In addition, the regions carry out licensing for certain materials licensees.

FY 2024 Congressional Budget Justification l 3

PROPOSED FISCAL YEAR 2024 APPROPRIATIONS LEGISLATION PROPOSED FISCAL YEAR 2024 APPROPRIATIONS LEGISLATION The NRCs proposed appropriations legislation for fiscal year (FY) 2024 is as follows:

SALARIES AND EXPENSES For expenses necessary for the Commission in carrying out the purposes of the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954, as amended, $960,560,450 including official representation expenses not to exceed $30,000, to remain available until expended: Provided, That of the amount appropriated herein, not more than $10,350,720 may be made available for salaries, travel, and other support costs for the Office of the Commission, to remain available until September 30, 2025: Provided further, That revenues from licensing fees, inspection services, and other services and collections estimated at

$807,727,130 in fiscal year 2024 shall be retained and used for necessary salaries and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2024 so as to result in a final fiscal year 2024 appropriation estimated at not more than $152,833,320.

OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, $18,648,340, to remain available until September 30, 2025: Provided, That revenues from licensing fees, inspection services, and other services and collections estimated at $15,481,566 in fiscal year 2024 shall be retained and be available until September 30, 2025, for necessary salaries and expenses in this account, notwithstanding 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2024 so as to result in a final fiscal year 2024 appropriation estimated at not more than $3,166,774: Provided further, That of the amounts appropriated under this heading, $1,534,900 shall be for Inspector General services for the Defense Nuclear Facilities Safety Board.

GENERAL PROVISIONSINDEPENDENT AGENCIES SEC. 401. (a) The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act.

(b)(1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security.

(2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities.

(c) Except as provided in subsections (a), (b), and (d), the amounts made available by this title for Nuclear Regulatory CommissionSalaries and Expenses shall be expended as directed in the joint explanatory statement accompanying this Act.

(d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act.

FY 2024 Congressional Budget Justification l 5

PROPOSED FISCAL YEAR 2024 APPROPRIATIONS LEGISLATION (e) The Commission shall provide a monthly report to the Committees on Appropriations of both Houses of Congress, which includes the following for each program, project, or activity, including any prior year appropriations (1) total budget authority; (2) total unobligated balances; and (3) total unliquidated obligations.

ANALYSIS OF PROPOSED FY 2024 APPROPRIATIONS LEGISLATION The analysis of the NRCs proposed appropriations legislation for FY 2024 is as follows:

SALARIES AND EXPENSES

1. FOR EXPENSES NECESSARY FOR THE COMMISSION IN CARRYING OUT THE PURPOSES OF THE ENERGY REORGANIZATION ACT OF 1974 AND THE ATOMIC ENERGY ACT OF 1954, $960,560,450:

The NRC was established by the Energy Reorganization Act of 1974, as amended (42 United States Code (USC) 5841). This act abolished the Atomic Energy Commission (AEC) and transferred to the NRC all of the AECs licensing and related regulatory functions. These functions included those of the Atomic Safety and Licensing Board Panel and the Advisory Committee on Reactor Safeguards; responsibilities for licensing and regulating nuclear facilities and materials; and conducting research for the purpose of confirmatory assessment related to licensing, regulation, and other activities, including research related to nuclear materials safety and regulation under the provisions of the Atomic Energy Act of 1954, as amended (42 USC 2011 et seq.).

The amount requested for the NRCs Salaries and Expenses account for FY 2024 assumes the use of

$27,143,000 of unobligated balances from fee-recoverable appropriations received in prior years. Consistent with prior years, the proposed appropriations legislation language for FY 2024 does not include direction regarding carryover. In prior years, such as FY 2021, direction regarding the use of authorized carryover has been included in the explanatory statement accompanying the annual appropriations act. Because the Commission has already collected fees on carryover in previous years, these funds are not included within the fee recovery calculation for determining revenues and additional offsetting receipts will not be collected on this amount.

2. INCLUDING OFFICIAL REPRESENTATION EXPENSES:

47 Comp. Gen. 657, 43 Comp. Gen. 305 This language is required because of the established rule restricting an agency from charging appropriations with the cost of official representation unless the appropriations involved are specifically available for such purpose. Congress has appropriated funds for official representation expenses to the NRC and its predecessor, the AEC, each year since FY 1950.

3. TO REMAIN AVAILABLE UNTIL EXPENDED:

31 USC 1301 provides that no regular, annual appropriation shall be construed to be permanent or available continuously unless the appropriation expressly provides that it is available after the fiscal year covered by the law in which it appears (or is for specific uses not applicable here).

FY 2024 Congressional Budget Justification l 6

PROPOSED FISCAL YEAR 2024 APPROPRIATIONS LEGISLATION

4. REVENUES FROM LICENSING FEES, INSPECTION SERVICES, AND OTHER SERVICES AND COLLECTIONS SHALL BE RETAINED AND USED FOR NECESSARY SALARIES AND EXPENSES IN THIS ACCOUNT, NOTWITHSTANDING 31 U.S.C. 3302, AND SHALL REMAIN AVAILABLE UNTIL EXPENDED:

Under Title V of the Independent Offices Appropriation Act, 1952, PL 82-137, the NRC is authorized to collect user fees from any person who receives a service or thing of value from the Commission. Pursuant to Section 102(b) of NEIMA, the NRC is required to assess and collect user fees from any person who receives a service or thing of value from the Commission and annual charges from NRC licensees and certificate holders, with the exception of the holders of any license for a federally owned research reactor used primarily for educational training and academic research purposes. In accordance with Section 102(b) of NEIMA, and consistent with this appropriations request, the annual amount of fees assessed and collected, to the maximum extent practicable, shall approximate the total budget authority of the Commission, less the budget authority for the excluded activities described in Section 102(b)(1)(B). The excluded activities are the following: any fee-relief activity, as identified by the Commission; amounts appropriated to the Commission from the Nuclear Waste Fund; and amounts appropriated to the Commission for implementation of Section 3116 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (PL 108-375), generic homeland security, Inspector General services for the Defense Nuclear Facilities Safety Board, research and development at universities in areas relevant to the mission of the Commission, a nuclear science and engineering grant program, and activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies.

31 USC 3302 requires the NRC to deposit all revenues collected to miscellaneous receipts of the Treasury unless specifically authorized by law to retain and use such revenues.

5. THE SUM HEREIN APPROPRIATED SHALL BE REDUCED BY THE AMOUNT OF REVENUES RECEIVED:

Pursuant to Section 102(b) of NEIMA, the NRC is required to assess and collect user fees from any person who receives a service or thing of value from the Commission and annual charges from NRC licensees and certificate holders, with the exception of the holders of any license for a federally owned research reactor used primarily for educational training and academic research purposes. In accordance with Section 102(b) of NEIMA, and consistent with this appropriations request, the annual amount of fees assessed and collected, to the maximum extent practicable, shall approximate the total budget authority of the Commission, less the budget authority for the excluded activities.

OFFICE OF THE INSPECTOR GENERAL

6. FOR EXPENSES NECESSARY FOR THE OFFICE OF THE INSPECTOR GENERAL IN CARRYING OUT THE PROVISIONS OF THE INSPECTOR GENERAL ACT OF 1978:

PL 100-504 amended the Inspector General Act of 1978, PL 95-452, 5 USC app., to establish an Office of the Inspector General (OIG) in the NRC effective in April 1989, and to require the establishment of a separate appropriation account to fund the OIG.

7. TO REMAIN AVAILABLE UNTIL SEPTEMBER 30, 2025:

In order for an appropriation to remain available for two fiscal years, 31 USC 1301 requires that the appropriation expressly provide that it is available after the fiscal year covered by the law in which it appears.

FY 2024 Congressional Budget Justification l 7

PROPOSED FISCAL YEAR 2024 APPROPRIATIONS LEGISLATION

8. REVENUES FROM LICENSING FEES, INSPECTION SERVICES, AND OTHER SERVICES AND COLLECTIONS SHALL BE RETAINED AND BE AVAILABLE UNTIL SEPTEMBER 30, 2025, FOR NECESSARY SALARIES AND EXPENSES IN THIS ACCOUNT, NOTWITHSTANDING SECTION 3302 OF TITLE 31, UNITED STATES CODE:

Under Title V of the Independent Offices Appropriation Act, 1952, the NRC is authorized to collect user fees from any person who receives a service or thing of value from the Commission. Pursuant to Section 102(b) of NEIMA, the NRC is required to assess and collect user fees from any person who receives a service or thing of value from the Commission and annual charges from NRC licensees and certificate holders, with the exception of the holders of any license for a federally owned research reactor used primarily for educational training and academic research purposes. In accordance with Section 102(b) of NEIMA, and consistent with this appropriations request, the annual amount of fees assessed and collected, to the maximum extent practicable, shall approximate the total budget authority of the Commission, less the budget authority for the excluded activities. Section 102(b)(1)(B) of NEIMA identifies the following excluded activity applicable to the OIG appropriation: Inspector General services for the Defense Nuclear Facilities Safety Board.

31 USC 3302 requires the NRC to deposit all revenues collected to miscellaneous receipts of the Treasury unless specifically authorized by law to retain and use such revenue.

9. THE SUM HEREIN APPROPRIATED SHALL BE REDUCED BY THE AMOUNT OF REVENUES RECEIVED:

Pursuant to Section 102(b) of NEIMA, the NRC is required to assess and collect user fees from any person who receives a service or thing of value from the Commission and annual charges from NRC licensees and certificate holders, with the exception of the holders of any license for a federally owned research reactor used primarily for educational training and academic research purposes. In accordance with Section 102(b) of NEIMA, and consistent with this appropriations request, the annual amount of fees assessed and collected, to the maximum extent practicable, shall approximate the total budget authority of the Commission, less the budget authority for the excluded activities.

10. $1,534,900 SHALL BE FOR INSPECTOR GENERAL SERVICES FOR THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD:

The Consolidated Appropriations Act, 2014, PL 113-76, and the Consolidated and Further Continuing Appropriations Act, 2015, PL 113-235, authorize the NRCs Inspector General to exercise the same authorities with respect to the Defense Nuclear Facilities Safety Board, as determined by the NRCs Inspector General, as the Inspector General exercises under the Inspector General Act of 1978 (5 USC app.) with respect to the NRC. This proposed appropriations legislation language makes clear that $1,534,900 of the OIG appropriation request is available only for Inspector General services for the Defense Nuclear Facilities Safety Board.

GENERAL PROVISIONSINDEPENDENT AGENCIES

11. SEC. 401(A)-(E):

The proposed appropriations legislation language in Section 401(a)-(e) mirrors the provision relating to reprogramming that has been included in the appropriations legislation for the NRC since FY 2016 (see Section 402 of Division D of the Consolidated Appropriations Act, 2016, PL 114-113, and Section 402 of Division D of the Consolidated Appropriations Act, 2023, PL 117-328).

FY 2024 Congressional Budget Justification l 8

NUCLEAR REACTOR SAFETY NUCLEAR REACTOR SAFETY Nuclear Reactor Safety (Dollars in Millions)

FY 2022 FY 2022 FY 2023 FY 2024 Changes from Enacted Actuals Enacted Request FY 2023 Business Line $M FTE $M FTE $M FTE $M FTE $M FTE Operating Reactors 390.4 1,486.1 371.9 1,408.5 404.6 1,471.8 425.8 1,470.9 21.2 (0.9)

New Reactors 87.0 302.0 69.6 242.2 86.1 281.6 105.0 336.1 18.9 54.5 Subtotal $477.4 1,788.1 $441.5 1,650.6 $490.7 1,753.4 $530.8 1,807.0 $40.1 53.6 Carryover 0.0 0.0 -1.1 0.0 0.0 0.0 -27.1 0.0 (27.1) 0.0 Total $477.4 1,788.1 $440.4 1,650.6 $490.7 1,753.4 $503.6 1,807.0 $13.0 53.6 Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover (Congressionally mandated).

- Actuals reflect total obligations, including obligations from both authorized and discretionary (agency allocated) carryover.

- For the enacted and the request years, the carryover row shows the amount funded by authorized carryover.

- For the actuals year, the carryover row shows the amount funded using both authorized and discretionary carryover, except carryover that was used to fund FTE costs.

- For FY 2024, $27.1 million of carryover is being applied to offset the Nuclear Reactor Safety requested budget.

The Nuclear Reactor Safety Program encompasses licensing and overseeing civilian nuclear power reactors and Non-power Production and Utilization Facilities (NPUFs) in a manner that adequately protects public health and safety. It also provides reasonable assurance of the security of facilities and protection against radiological sabotage. This program contributes to the NRCs safety and security strategic goals through the activities of the Operating Reactors and New Reactors Business Lines, which regulate operating and new nuclear reactors to ensure they meet applicable requirements.

Resources requested in the FY 2024 budget for the Nuclear Reactor Safety Program are $530.8 million, including 1,807.0 FTE. This funding level represents an increase of $40.1 million and an increase of 53.6 FTE, when compared to the FY 2023 Enacted Budget. The increase is primarily due to salaries and benefits adjustments, consistent with OMB guidance, and increases to workload as described in the subsequent business line sections. The FY 2024 request assumes the use of $27.1 million in carryover to offset the Nuclear Reactor Safety requested budget. Resources for the Nuclear Reactor Safety Program budget also include $34.2 for the continued development of a regulatory infrastructure for advanced nuclear reactor technologies, as compared to $23.8 million in the FY 2023 Enacted Budget.

FY 2024 Congressional Budget Justification l 9

OPERATING REACTORS OPERATING REACTORS Operating Reactors by Product Line (Dollars in Millions)

FY 2022 FY 2022 FY 2023 FY 2024 Changes from Enacted Actuals Enacted Request FY 2023 Product Line $M FTE $M FTE $M FTE $M FTE $M FTE Event Response 17.1 51.0 16.5 46.5 17.7 50.5 19.6 49.0 1.9 (1.5)

Generic Homeland 1.5 7.0 1.7 7.9 1.5 7.0 1.6 7.0 0.1 0.0 Security International Activities 4.2 19.0 3.8 17.4 4.5 20.0 5.8 23.6 1.3 3.6 Licensing 86.3 386.1 78.8 358.6 90.7 381.1 96.6 375.1 5.9 (6.0)

Mission Support and 68.1 324.0 68.0 325.5 71.7 325.0 75.7 324.0 4.1 (1.0)

Supervisors Oversight 123.9 494.0 119.2 470.0 128.9 491.2 133.7 491.0 4.7 (0.2)

Research 56.0 126.0 57.8 112.9 56.5 122.0 60.4 124.0 3.9 2.0 Rulemaking 6.9 32.0 6.4 29.1 6.8 30.0 7.8 32.2 1.0 2.2 Training 14.0 47.0 11.0 40.5 14.0 45.0 15.0 45.0 1.0 0.0 Travel 12.4 0.0 8.6 0.0 12.3 0.0 9.8 0.0 (2.6) 0.0 Subtotal $390.4 1,486.1 $371.9 1,408.5 $404.6 1,471.8 $425.8 1,470.9 $21.2 (0.9)

Carryover 0.0 0.0 -1.1 0.0 0.0 0.0 -26.6 0.0 (26.6) 0.0 Total $390.4 1,486.1 $370.8 1,408.5 $404.6 1,471.8 $399.2 1,470.9 ($5.4) (0.9)

Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover (Congressionally mandated).

- Actuals reflect total obligations, including obligations from both authorized and discretionary (agency allocated) carryover.

- For the enacted and the request years, the carryover row shows the amount funded by authorized carryover.

- For the actuals year, the carryover row shows the amount funded using both authorized and discretionary carryover, except carryover that was used to fund FTE costs.

- For FY 2024, the $26.6M of carryover is being applied to offset the Operating Reactors requested budget.

The Operating Reactors Business Line is anticipated to encompass the regulation of 94 operating civilian nuclear power reactors and 31 NPUFs in a manner that provides for reasonable assurance of adequate protection of public health and safety and promotes the common defense and security.

The NRC establishes regulatory requirements for the design, construction, operation, and security of nuclear power plants, research and test reactors, and other NPUFs, in accordance with the provisions of the Atomic Energy Act of 1954, as amended (AEA). Through the activities of this business line, the NRC implements programs to meet its safety and security strategic goals in protecting both the public and workers from the radiation hazards of nuclear reactors. To ensure that plants and facilities are operating safely, the NRC licenses the plants to operate and the personnel who operate them. The NRC also supports nuclear safety through rulemaking, research, enforcement, and international activities.

FY 2024 Congressional Budget Justification l 11

OPERATING REACTORS The NRC provides continuing oversight of civilian nuclear reactors and verifies operator adherence to the agencys rules and regulations. The NRC has established requirements to ensure the security of the Nations nuclear facilities. Nuclear power plants must be able to successfully defend against a set of hypothetical threats that the agency refers to as the design-basis threat. These hypothetical threats challenge a plants physical security, personnel security, and cybersecurity. The agency continuously evaluates this set of hypothetical threats against real-world intelligence to ensure safety and security.

Figure 3 U.S. Commercial Nuclear Power Reactors Anticipated to be Operating in FY 2024 FY 2024 Congressional Budget Justification l 12

OPERATING REACTORS CHANGES FROM FY 2023 ENACTED BUDGET1 Resources increase primarily to support the following:

• Salaries and benefits, consistent with OMB guidance (+$19.6M);

• The University of Illinois non-power reactor CP application (+$1.4M, +5.3 FTE);

• Two new subsequent license renewal (SLR) applications for Browns Ferry Nuclear Plant, Units 1, 2, and 3, and V. C. Summer Nuclear Station, Unit 1, and two new initial license renewal applications for Perry Nuclear Power Plant, Unit 1, and Clinton Power Station, Unit 1 (+$3.4M, +8.3 FTE);

• Cybersecurity research activities that involve examining the application of new/novel implementations of wireless technologies, attack surface characterization, artificial intelligence (AI), digital twins, and cybersecurity training/knowledge management (+$1.4M, +1.0 FTE);

• Potassium iodide replenishment for the States, which is due to expire in April 2024 (+$1.3M, +0.4 FTE);

• Increased funding for the NRCs participation in international severe accident and source term research programs supporting validation of the agencys severe accident computer code and enhancing capabilities for risk-informed analysis (+$0.7M);

• A shift of allegation and investigation activities from New Reactors to the operating reactor fleet. This is a fact-of-life adjustment to reflect actual use for operating reactors (+$0.4M, +2.0 FTE);

• The update of probabilistic risk assessment models to improve the realism of the NRCs risk models and the application of the Licensing Modernization Project to support the use of risk insights in licensing reviews (+$1.1M, +2.9 FTE);

• Information Technology (IT) resources increase to support new shared IT services (cloud hosting and consumption) and the consolidation of hardware and software purchases (+$1.9M);

• Funding for virtual/advanced/mixed reality technology-based training (+$0.4M);

• Resources for the Increased Enrichment of Conventional and Accident Tolerant Fuel (ATF) Designs for Light-Water Reactors rulemaking (+$0.5M, +2.2 FTE);

• Resources to conduct a self-assessment to determine the feasibility of hosting an Integrated Regulatory Review Service (IRRS) mission, along with consideration of the scope of the mission. The International Atomic Energy Agency (IAEA) offers the IRRS peer review mission for regulatory authorities to enhance and strengthen the effectiveness of their regulatory infrastructure for nuclear, radiation, radioactive waste and transport safety (+$1.0M, +3.0 FTE); and 1 Resource amounts in parentheses within the Changes from the FY 2023 Enacted Budget section in each business line chapter of the FY 2024 Budget Request reflect the resource changes from the FY 2023 Enacted Budget. The list of activities described in the section is a subset of items that represent the drivers for resource changes within the business line.

FY 2024 Congressional Budget Justification l 13

OPERATING REACTORS

• Funding to enhance international technical cooperation on physical, cyber, information, and transportation security, and emergency preparedness and incident response; particularly related to initiatives for SMRs and other advanced nuclear technologies (e.g., the trilateral engagement with Canada and the UK) to enable greater U.S. influence on international policy matters on these topics

(+$0.2M, +0.6 FTE).

These increases are partially offset by the following decreases:

• Projected completion of multiple computer code development activities associated with the ATF research plan, to assist in the evaluation of ATF, high burnup, and increased enrichment technologies

(-$1.4M, -0.9 FTE);

• Reduction of resources for certain licensing actions and licensing support work (-$1.2M, -14.3 FTE);

• Reduction in travel funding due to availability of virtual meetings, conferences, and training in a post-pandemic environment (-$2.5M);

• Reduced funding for Natural Language Processing (-$1.0M); and

• Projected completion of development work and transition to maintenance for the Mobile Platform Application for Agency Resident Inspectors (-$0.5M).

Generally, resources budgeted in the Licensing and Oversight Product Lines impact fees for services. All other resources impact annual fees.

FY 2024 Congressional Budget Justification l 14

OPERATING REACTORS MAJOR ACTIVITIES2 The major activities within the Operating Reactors Business Line include the following:

• Perform inspections and ensure that licensed operating nuclear power reactors operate in accordance with the NRCs rules, regulations, and licensing requirements for safety and security. The Reactor Oversight Process (ROP) uses both NRC inspection findings and performance indicators reported by licensees to assess the safety performance of each plant ($69.4M, 302.1 FTE).

• Conduct safety and environmental reviews, in accordance with published schedules, for three initial license renewal applications (Clinton Power Station, Unit 1; Comanche Peak Nuclear Power Plant, Units 1 and 2; and Perry Nuclear Power Plant, Unit 1) and three SLR applications3 (V.C. Summer Nuclear Station, Unit 1; Browns Ferry Nuclear Power Plant, Units 1, 2, and 3; and Monticello Nuclear Generating Plant, Unit 1); and develop and update regulatory guidance for license renewal

($15.8M, 61.3 FTE).

• Conduct licensing reviews, including those associated with adopting standard technical specifications; implementing 10 CFR 50.69, Risk-informed categorization and treatment of structures, systems and components for nuclear power reactors, and other risk-informed initiatives; licensing and examination of power reactor operators; digital instrumentation and control upgrades; relief requests; exemptions; licensing-basis reviews; quality assurance program reviews; emergency preparedness and security plan changes; and power uprates. These resources also support the continued development of licensing infrastructure and review of licensing actions related to ATF ($30.3M, 129.6 FTE).

• Conduct licensing reviews (including amendments, renewals, and exemptions) and oversight activities (including security, inspections, and operator licensing examinations) for 31 NPUFs. Resources support the review of utilization facility application for the Atomic Alchemy CP application. Resources also support the reviews of non-power reactor applications for Abilene Christian CP/operating license (OL),

University of Illinois CP, and Kairos Hermes OL ($12.5M, 50.1 FTE).

• Conduct twelve rulemakings as directed by the Commission, continue the review of petitions for rulemaking, support the development and maintenance of regulatory analysis guidance, rulemaking project management, and the tracking and reporting of ongoing rulemaking activities

($7.8M, 32.2 FTE).

• Support reviews of vendor-submitted topical reports, including those related to ATF, that contain proposed methodologies, designs, operational requirements, or other technical information relevant to nuclear power plant safety and licensing ($4.9M, 17.4 FTE).

• Support cybersecurity program implementation, oversight, and related program and policy issues

($5.5M, 13.7 FTE).

2 The list of activities described in the Major Activities section of each business line chapter in the FY 2024 Budget Request represents a subset of activities in the business line budget request. Resource amounts in parentheses will not add to the total resources for the business line.

3 On January 23, 2023, in Staff Requirements - SECY-22-0109 - Proposed Rule: Renewing Nuclear Power Plant Operating Licenses

- Environmental Review (RIN 3150-AK32; NRC-2018-0296) (ADAMS Accession No. ML23023A200), the Commission approved publication of the proposed rule that would amend Part 51 of Title 10 of the Code of Federal Regulations, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions in the Federal Register for a 60-day comment period, subject to the Commissions edits. The Commission also approved issuance of the revised NUREG-1437, draft Revision 2, Generic Environmental Impact Statement for License Renewal of Nuclear Plants, for public comment. As directed by the Commission, the NRC staff plans to complete the license renewal rulemaking by April 2024.

FY 2024 Congressional Budget Justification l 15

OPERATING REACTORS

• Conduct confirmatory and anticipatory research on topics such as seismic and structural stability; fire safety; probabilistic risk assessments, including human reliability; human and organizational factors analyses; digital instrumentation and control and electrical systems safety, including cybersecurity; materials performance; aging management of operating reactors; fuel performance; codes and standards; development and maintenance of analytical tools that support radiation protection, risk, severe accident, consequence, and thermal-hydraulic assessments; evaluation of operational experience; and evaluation of external hazards, including flooding. Improve data science skills to support AI and analytics projects, continue management of the computer code investment plan, manage the agencywide innovation and future-focused research programs, develop methodology and evaluation tools for digital twin applications, and conduct agency evaluation and statistical activities related to the Evidence Submission and the Federal Data Strategy requirement in the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act) ($54.3M, 115.0 FTE).

• Satisfy international treaty and convention obligations, as well as statutory mandates. This includes leading and contributing to multilateral efforts on key nuclear safety and security issues and ensuring appropriate representation at U.S.-led interagency initiatives. Develop, coordinate, and implement policies related to export and import of nuclear facilities and equipment that fall under the NRC's jurisdiction, as stated in 10 CFR Part 110, Export and Import of Nuclear Equipment and Material

($1.0M, 4.0 FTE).

• Participate in international nuclear safety peer review missions (e.g., IRRS), exchange information (including regulatory best practices) with established regulatory counterparts bilaterally and multilaterally and participate in or lead international nuclear safety research activities ($4.8M, 19.6 FTE).

• Support for agency-provided training in reactor safety, security, and root cause analysis, as well as other training related to reactor support. Additionally, resources support centrally managed external training and organizational development ($9.7M, 26.0 FTE).

• Maintain a highly qualified workforce through recruitment and staffing of entry-level positions to support the agencys Strategic Workforce Planning (SWP) initiative. Resources include support for the NRCs entry-level hiring program, as well as training and travel for those hired through the program

($4.1M, 18.0 FTE).

• Continue efforts on the implementation of the requirements of the Evidence Act, including evaluations of NRC licensing programs ($1.9M, 6.0 FTE).

• Continue efforts to drive transformation and implement positive change initiatives focused on further modernizing and risk-informing the regulatory framework and creating a sustained culture of innovation and improvement. Initiatives will primarily focus on the Nuclear Reactor Safety Program but are anticipated to be applicable and beneficial to other NRC programs ($1.3M, 4.0 FTE).

FY 2024 Congressional Budget Justification l 16

OPERATING REACTORS Power Reactor License Renewals Schedule1 Project FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 License Renewal New Applications

• Perry2

• Clinton Ongoing Noncomplex

• Comanche

• Comanche

• Clinton Reviews (i.e., no Peak3

• Clinton3 Peak

• Perry3 hearings or

• Perry technical issues)

Subsequent License Renewal

• V.C. Summer

• Unnamed New Applications

• Monticello

• Browns Ferry Plant #1 Ongoing

• Monticello3 Noncomplex

• Oconee4

• V.C.

• Unnamed

• Unnamed

• Monticello

• V.C. Summer Reviews (i.e., no

• St. Lucie4 Summer3 Plant #1 Plant #13

• Browns Ferry3 hearing)

Notes:

1 Budgeting for the license renewal applications for FY 2023-2028 is based on information received from correspondence with prospective applicants and licensees or responses to NRC regulatory issue summaries. The schedule is subject to change.

2 The application was not budgeted in FY 2023; however, it is now expected in FY 2023.

3 The review has been or is expected to be completed in the FY shown.

4 The completion dates for the Oconee and St. Lucie SLR applications are to be determined (TBD) based on direction given by the Commission in orders issued on February 24, 2022 (CLI-22-02, CLI-22-03, and CLI-22-04), and in SRM-SECY-21-0066. The safety reviews for these applications remain on schedule to be completed in FY 2023; the schedules for completing the environmental reviews and the final completion dates are TBD at this time.

FY 2024 Congressional Budget Justification l 17

OPERATING REACTORS Non-Power Reactor and Medical Radioisotope Facility Review Schedules1 Project FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Non-power Reactor License Renewal

• Idaho State New Applications University3 Ongoing Noncomplex

• General Electric2

• Idaho State Reviews (i.e., no

• Univ of Texas2 University2 hearings or technical issues)

Utilization Facilities

• Atomic Alchemy New Applications OL

• Eden OL

• Eden CP

• SHINE OL2

• Atomic

• Atomic Alchemy Ongoing Reviews

• Atomic Alchemy Alchemy OL2

• Eden OL2 CP2 CP

• Eden CP2 New Non-power Reactor Applications

• Abilene Christian

• Kairos Hermes University OL

• University of New Applications

• Radiant CP

• Radiant OL OL

• University of Illinois OL Illinois CP

• Kairos Hermes

• Abilene

• Kairos Hermes

• Abilene Christian OL2 Christian CP2 University CP2

• Abilene Christian Ongoing Reviews University OL2

• Radiant CP

• Radiant CP2

• Abilene Christian

• Kairos Hermes University OL

• University of University CP OL

• University of Illinois OL2 Illinois CP2 Notes:

1 This schedule is subject to change. Most applicants participate in varying levels of preapplication engagement. Budgeting for FY 2023-2028 is based on information received in correspondence from prospective applicants and licensees or responses to NRC regulatory issue summaries.

2 The review has been or is expected to be completed in the FY shown.

3 A draft final rule that would grant NPUFs nonexpiring licenses is currently with the Commission for its consideration.

FY 2024 Congressional Budget Justification l 18

OPERATING REACTORS Reactors Transitioning from Operating to Decommissioning Status1 Site FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Site Is with Decommissioning Group in Site Is with Site Is with Site Is with Site Is with Site Transfer Is Decommissioning Decommissioning Decommissioning Decommissioning Decommissioning Palisades2 Complete & Low-Level Group in DLLW Group in DLLW Group in DLLW Group in DLLW Waste (DLLW) BL BL BL BL Business Line (BL)

Expected to Site Is with Site Is with Shut Down Diablo Site Transfer Is Decommissioning Decommissioning Operating Operating November 2024 Canyon 13 Complete Group in DLLW Group in DLLW Transitioning BL BL Year Expected to Site Is with Site Is with Shut Down Diablo Site Transfer Is Decommissioning Decommissioning Operating Operating August 2025 Canyon 23 Complete Group in DLLW Group in DLLW Transitioning BL BL Year Notes:

1 Data are current as of February 1, 2023. The status of the plants transitioning from operating to decommissioning is subject to change .

2 On June 13, 2022, Entergy Nuclear Operations submitted a letter (ML22164A067), which provided a certification of the permanent cessation of power operations and permanent removal of fuel from the reactor vessel at the Palisades Nuclear Power Plant (PNP). On February 1, 2023, Holtec Decommissioning International, LLC (HDI) submitted a letter (ML23032A399) related to a regulatory path for the reauthorization of power operations for PNP. The NRC is reviewing HDI's letter and will determine a path forward.

3 On October 31, 2022, Pacific Gas and Electric (PG&E) submitted a letter (ML22304A691) requesting either a resumption of their previous license renewal application for Diablo Canyon Units 1 and 2, or a timely renewal exemption. The current licenses expire on November 2, 2024, and August 26, 2025. On January 24, 2023, the NRC staff denied PG&Es request to resume review of the previous application withdrawn in 2018 and expects to issue a decision on the timely renewal exemption in March 2023.

FY 2024 Congressional Budget Justification l 19

OPERATING REACTORS SIGNIFICANT ACCOMPLISHMENTS IN FY 2022 The significant accomplishments within the Operating Reactors Business Line include the following:

• Successfully implemented the ROP baseline inspection program and special inspections to follow-up on safety significant events; performed operator licensing, provided incident response coverage for hurricanes, and conducted all planned vendor inspections despite continued COVID-19 pandemic challenges.

• Provided ongoing oversight following the National Institute of Standards and Technology Center for Neutron Research fuel damage event, including completion of the special inspection report, alternative dispute resolution and Confirmatory Order.

• Continued preparation for the licensing of ATF by issuing: a revised communication plan; Research Information Letter 2021-13 that provided an interpretation of research on fuel fragmentation, relocation, and dispersal at high burnup; NRCs Regulatory Framework Applicability Assessment; and a letter to the industry to provide transparency in the generic review schedule for topical reports and licensing actions for deployment of ATF concepts and higher burnup and increased enrichment. Redesigned the ATF public Web site and hosted two workshops on licensing of higher burnup and increased enrichment fuel.

• Reviewed 12 license application requests to adopt risk-informed operational programs that afforded licensees increased operational flexibility to focus on risk-significant activities and issued the associated safety evaluations. All operating reactors now have an approved risk-informed surveillance frequency control program.

• Applied BeRiskSMART principles to: complete the first Risk-Informed Process for Evaluations (RIPE) exemption review ahead of schedule; expand RIPE to license amendment requests involving technical specifications; evaluate high-energy arc fault risk; and expand the very low safety significance issue resolution (VLSSIR) process to issues that could be identified in traditional enforcement.

• Supported timely and effective rulemaking activities including the completion of four rulemaking plans, three petitions for rulemaking, the proposed rule on Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning that amends regulations related to the decommissioning of nuclear power reactors, and the final rule for Approval of American Society of Mechanical Engineers Code Cases, Revision 39.

FY 2024 Congressional Budget Justification l 20

OPERATING REACTORS

• Expanded the use of data and tools to inform licensing and oversight decisions through agency initiatives such as the Operating Experience Hub, Mission Analytics Portal (MAP) and the external Mission Analytics Portal (MAP-X) programs, the Standardized Plant Analysis Risk (SPAR) dashboard, and development the draft Agency AI Strategic Plan to support the future adoption of the technology.

• Completed 100 percent of scheduled Force-on-Force inspections using the revised Inspection Procedure (IP) 71130.03, Contingency Response - Force-on-Force Testing" that provided COVID19 mitigation measures.

FY 2024 Congressional Budget Justification l 21

NEW REACTORS NEW REACTORS New Reactors by Product Line (Dollars in Millions)

FY 2022 FY 2022 FY 2023 FY 2024 Changes from Enacted Actuals Enacted Request FY 2023 Product Line $M FTE $M FTE $M FTE $M FTE $M FTE International Activities 1.0 4.0 1.5 6.5 1.5 6.5 2.3 9.4 0.8 2.9 Licensing 35.2 137.0 20.8 80.1 32.5 117.2 43.7 169.8 11.3 52.6 Mission Support and 11.0 52.0 10.6 48.7 10.9 49.0 11.0 47.0 0.2 (2.0)

Supervisors Oversight 6.1 27.0 7.5 33.1 4.5 18.7 1.4 5.0 (3.1) (13.7)

Research 20.1 41.0 19.0 37.7 21.9 46.4 32.0 62.6 10.0 16.2 Rulemaking 7.7 27.0 7.1 26.7 9.3 31.8 9.0 29.3 (0.4) (2.5)

Training 3.6 14.0 2.3 9.3 3.4 12.0 3.9 13.0 0.5 1.0 Travel 2.3 0.0 0.8 0.0 2.0 0.0 1.6 0.0 (0.5) 0.0 Subtotal $87.0 302.0 $69.6 242.2 $86.1 281.6 $105.0 336.1 $18.9 54.5 Carryover 0.0 0.0 0.0 0.0 0.0 0.0 -0.6 0.0 (0.6) 0.0 Total $87.0 302.0 $69.6 242.2 $86.1 281.6 $104.4 336.1 $18.3 54.5 Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover (Congressionally mandated).

- Actuals reflect total obligations, including obligations from both authorized and discretionary (agency allocated) carryover.

- For the enacted and the request years, the carryover row shows the amount funded by authorized carryover.

- For the actuals year, the carryover row shows the amount funded using both authorized and discretionary carryover, except carryover that was used to fund FTE costs.

- For FY 2024, the $0.6M of carryover is being applied to offset the New Reactors requested budget.

The New Reactors Business Line encompasses reviews, licensing and oversight of the design, siting, and construction of new nuclear power reactors, including small modular reactors (SMRs) and advanced non-light-water reactors (non-LWRs). The new reactor activities ensure that new civilian nuclear power reactor facilities are developed and regulated in a manner consistent with the NRCs public health and safety mission.

The NRC reviews new nuclear power reactor design certification (DC), combined license (COL), standard design approval (SDA), and early site permit (ESP) applications, consistent with 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants. The NRC also reviews CP and OL applications for new nuclear power reactors, consistent with 10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities. The application process under 10 CFR Part 50, which was used for all currently operating reactors, involves separate applications for a CP and an OL.

The NRC conducts oversight of construction activities through inspections of facilities under construction. The NRC also updates its new reactor regulatory infrastructure to account for lessons learned, as well as interactions with all stakeholders during its licensing and oversight activities.

FY 2024 Congressional Budget Justification l 23

NEW REACTORS The NRC continues to interact with vendors about prospective SMR and advanced reactor applications and to develop novel regulatory approaches for review, licensing, and oversight of the next generation of nuclear reactors in accordance with the legislative direction provided in NEIMA.

CHANGES FROM FY 2023 ENACTED BUDGET Resources increase primarily to support the following:

• Salaries and benefits, consistent with OMB guidance (+$16.6M);

• Preapplication activities for Tennessee Valley Authority (TVA) Clinch River and one advanced reactor application (Kairos KP-FHR) (+$0.7M, +3.9 FTE);

• Technical reviews of one SDA (NuScale), one COL application (Utah Associated Municipal Power Systems (UAMPS)) and two advanced reactor applications (Oklo 2nd Reactor Design (NCSFR-1) and Oklo 2nd Reactor Design (NCSFR-2)) (+$8.6M, +32.3 FTE);

• Technical reviews of one CP application (TVA Clinch River), and four advanced reactor applications (TerraPower Natrium, Westinghouse eVinci, Kairos KP-FHR and X-Energy) (+$14.9M, +57.2 FTE);

• Activities to support the Risk-Informed, Technology- Inclusive Performance-Based Regulatory Framework for Advanced Reactors rulemaking (10 CFR Part 53) (+$0.6M, +2.5 FTE);

• Development of the technology-inclusive probabilistic risk assessment and human factors guidance, methodology, and risk analysis tools to ensure readiness for the review of advanced reactor applications, including those with Department of Energy Advanced Reactor Demonstration Program funding (+$1.0M,

+3.6 FTE);

• Development of technical bases for enhanced regulatory guidance for fuel facilities that will use reprocessing or advanced reactor fuels (e.g., High-Assay Low-Enriched Uranium); technical bases for inspection and oversight programs to address new capabilities at enrichment and fuel fabrication facilities; and SCALE and MELCOR code updates to effectively model advanced reactor fuel cycle, spent fuel storage, and transportation systems under normal and accident conditions (+$2.4M, +4.4 FTE);

• Development of guidance pertaining to storage and transportation of waste streams for spent molten salt reactor fuel; update standard review plans for storage and transportation in order to assure efficient and effective reviews for advanced non-light water reactor (ANLWR) fuels applications (+$1.7M, +1.6 FTE);

• Activities to support Strategy 2 of the Implementation Action Plan for ANLWR activities, which includes improvements to demonstration models, code assessments and benchmarking; as well as funding for research activities to support the development and assessment of technical bases for transport applications for mobile microreactors and reprocessing techniques used to develop fuels for advanced reactor designs (+$6.0M, +7.6 FTE);

• Materials research for the technical and regulatory assessment of pyroprocessing operations for the separation of uranium and transuranic elements from metallic spent nuclear fuel, including consideration of the current state of knowledge of the metallic fuel forms being pursued for near-term licensing and certification. Activities also involve research to better understand technical challenges related to advanced fuel cycles, including front-end transportation of fuel and waste management of spent fuel

(+$0.8M, +1.7 FTE);

FY 2024 Congressional Budget Justification l 24

NEW REACTORS

• An expected increase in high-priority requests to cooperate and share lessons and best practices associated with non-LWR, LWR, SMR, and other nuclear technology licensing, quality assurance, supply chain, standards development, and construction experience (+$0.6M, +1.9 FTE);

• Provide targeted technical and regulatory training to complement high-priority U.S. Government international nuclear energy outreach related to the deployment of large light-water reactors, advanced reactors, SMRs and other nuclear technologies globally. Resources will support an increase in international assistance to countries developing or enhancing their national nuclear regulatory programs (e.g., Poland, Romania, and Ukraine) (+$0.2M, +1.0 FTE); and

• A simulator engineer to support simulator systems for mission training and qualification for advanced reactor models and confirmatory analysis support for licensing applications (+$0.5M, +1.0 FTE).

These increases are partially offset by the following decreases:

• A shift of allegation and investigation activities to Operating Reactors for the operating reactor fleet. This is a fact-of-life adjustment to reflect actual utilization for operating reactors (-$0.5M, -2.0 FTE);

• Reduction in resources for the preapplication activities for the NuScale SDA, Terrestrial SDA, and TerraPower Natrium (-$4.5M, -19.3FTE);

• Reduction in resources for the Advanced Nuclear Reactor Generic Environmental Impact Statement rulemaking (-$0.3M, -1.5 FTE);

• Reduction in resources for decommissioning of systems and anticipated cost savings for New Reactor construction inspection planning, verification and project management tools (-$0.6M);

• Reduction in resources to align shared IT services within the Operating Reactors Business Line to more accurately reflect utilization (-$2.0M); and

• Reduction in travel funding due to availability of virtual meetings, conferences, and training in a post-pandemic environment (-$0.3M).

Generally, resources budgeted in the Licensing and Oversight Product Lines impact fees for service. All other resources impact annual fees.

MAJOR ACTIVITIES

• Develop the infrastructure for advanced reactors in accordance with NEIMA and at a rate consistent with NRC projected interest in new technologies and cognizance of prospective applicants plans

($26.6M, 53.6 FTE).

• Develop a generic environmental impact statement and guidance for advanced reactors and conduct activities related to the Physical Security for Advanced Reactors and the 10 CFR Part 53 Technology-Inclusive, Risk-Informed, and Performance-Based Regulatory Framework for Advanced Reactors rulemakings ($7.3M, 24.0 FTE).

FY 2024 Congressional Budget Justification l 25

NEW REACTORS

• Perform preapplication activities for one LWR reactor COL application (UAMPS), one SDA application (NuScale), two SMR CP applications (TVA Clinch River and Unnamed CP-1), two advanced non-LWR reactor COL applications (Oklo 2nd Reactor Design (NCSFR-1) and Oklo 2nd Reactor Design (NCSFR-2)),

and five advanced reactor CP applications (Kairos KP-FHR, General Atomics EM2, Flibe, BWXT, and Advanced Reactor Concepts) ($4.8M, 18.5 FTE).

• Conduct the technical reviews of one LWR reactor COL application (UAMPS), one SDA application (NuScale), two advanced non-LWR reactor COL applications (Oklo 2nd Reactor Design (NCSFR-1 and Oklo 2nd Reactor Design (NCSFR-2)), and five CP applications (TVA Clinch River, TerraPower Natrium, Westinghouse eVinci, Kairos-KP-FHR and X-Energy) ($29.2M, 114.0 FTE).

• Support licensing review activities to include guidance development and work related to codes and standards in the context of new designs for LWRs, non-LWRs, and SMRs ($7.0M, 27.0 FTE).

• Provide support to the Advisory Committee on Reactor Safeguards for reviews of the NRC staffs new and advanced reactor application reviews (ESP, DC, and COL) ($1.9M, 7.8 FTE).

• Provide research support for reviews and analyses. This includes development of guidance for human factors reviews for new reactors and development of risk-informed decision-making guidance for non-LWRs. This also includes research and support for technical guidance development in materials, chemistry, and component performance research for new and advanced reactors and development of technical bases and guidance for the use of enabling technologies for applications of digital twins for new reactors. In addition, this includes technical support for the American Society of Mechanical Engineers (ASME)Section III Code-related activities for new and advanced reactors, as well as supporting seismic research in new reactor siting and design and recommending enhancements to standard review plans and regulatory guides relevant to the licensing of large LWRs, SMRs and non-LWRs. Lastly, these resources also support the development of computer codes and models for performing non-LWR regulatory reviews

($6.1M, 12.0 FTE).

• Support for agency-provided training in reactor safety, security, and root cause analysis, as well as other reactor support-related training. Additionally, resources support centrally managed external training and organizational development ($2.5M, 8.0 FTE).

• Maintain a highly qualified workforce through recruitment and staffing of entry-level positions to support the agencys SWP ($1.1M, 5.0 FTE).

• Conduct two medium-priority rulemakings, as directed by the Commission, and support the development and maintenance of regulatory analysis guidance, rulemaking project management and the tracking and reporting of ongoing rulemaking activities ($1.6M, 5.3 FTE).

• Continue to implement strategic multilateral and bilateral cooperation on new reactor design and commissioning, as well as to supporting IAEA activities, such as those related to generic SMR issues, standards development, and consultancy meetings and Nuclear Energy Agency activities, such as those involving new reactor design and commissioning. Also continue to provide targeted international assistance to foreign regulatory counterparts to develop or enhance their national regulatory infrastructures ($2.1M, 8.4 FTE).

FY 2024 Congressional Budget Justification l 26

NEW REACTORS Project FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Preapplication Preapplication SDA Review Activities + SDA Activities + SDA NuScale SDA Review Review Preapplication BWRX-3001 Activities SMR (GE-Hitachi)

Preapplication Preapplication CP Review CP Review Activities Review +CP TVA Clinch Review River CP Preapplication Preapplication COL COL Review COL Activities Activities + COL Review A Review +

UAMPS COL Review Mandatory Hearing Preapplication Preapplication CP CP CP Unnamed Activities Activities Review Review Review CP-1 Note: For budgeting purposes, Preapplication Activities include the review of Topical Reports submitted before the NRC staff accepts the related application.

1 Assuming the BWRX-300 design will be part of the future Clinch River CP application to be submitted in FY 2024. Therefore, the table shows only the preapplication efforts for the BWRX-300 design through FY 2023; after that, the resources will be budgeted under the Clinch River CP project.

Figure 4 New Reactor Applications Under Review FY 2024 Congressional Budget Justification l 27

NEW REACTORS New Reactor Applications under Review Project FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 CP Review CP Review CP Review + OL CP Review + OL OL Review + Operation X-Energy Review Review + Construction (Xe-100)

Construction Activities Activities General Preapplication Preapplication Preapplication CP Review CP Review + OL Review +

Atomics EM2

• Activities Activities Activities + CP Construction Construction Review Activities Activities Westinghouse Preapplication Non-commercial Non-commercial Non-commercial eVinci Activities + Non- first of kind first of kind testing first of kind testing commercial first testing facility facility (NRC CP facility (NRC CP of kind testing (NRC CP or or DOE auth.) or DOE auth.)

facility (NRC CP DOE auth.)

or DOE auth.)

Oklo 2nd design COL Review COL Review Construction Construction Operation Operation (NCSFR) - 1* Activities Activities Oklo 2nd design Preapplication COL Review COL Review Construction Construction Operation (NCSFR) - 2* Activities Activities Activities Terrestrial Preapplication Preapplication SDA Review SDA Review + CP CP Review Activities Activities + SDA Review Review Terrapower Preapplication CP Review CP Review OL Review + OL Review + Operation Natrium Activities + CP Construction Construction Review Kairos Power Preapplication Preapplication CP Review CP review OL Review + OL Review +

(KP-FHR)* Activities Activities + CP Construction Construction review Activities Activities Flibe* Preapplication Preapplication Preapplication ESP Review +

Activities Activities Activities + ESP Mandatory Review Hearing Advanced Preapplication Preapplication Preapplication Preapplication Preapplication Preapplication Reactor Activities Activities Activities Activities Activities Activities Concepts*

BWXT Preapplication Preapplication Preapplication Preapplication Preapplication Preapplication Advanced Activities Activities Activities Activities Activities Activities Nuclear Reactor (BANR)*

• Indicates information based on verbal discussion FY 2024 Congressional Budget Justification l 28

NEW REACTORS SIGNIFICANT ACCOMPLISHMENTS IN FY 2022 The significant accomplishments within the New Reactors Business Line include the following:

• Performed the final assessment and completed all inspections under the construction ROP for Vogtle Unit 3 to support the issuance of the first-of-its-kind Title 10 Code of Federal Regulations 52.103(g), Operation under a combined license finding, which authorized Southern Nuclear Operating Company to load nuclear fuel and begin operations.

• Continued modernization of infrastructure for advanced reactor licensing by issuing: a final NUREG on fuel qualification; a draft regulatory guide (RG) on alternative evaluation of risk insights; and a draft RG on technology-inclusive identification of licensing events.

• Made continued progress under the Memorandum of Cooperation with the Canadian Nuclear Safety Commission (CNSC) on Advanced Reactor Technologies and Small Modular Reactors (SMR), issued four joint NRC-CNSC summary reports supporting advanced reactor reviews including TRISO fuel qualification, and signed a charter to launch a major initiative related to collaborative reviews of General Electrics BWXR-300 SMR design.

• Developed and shared preliminary proposed rule language and guidance and held multiple public meetings regarding the draft safety and security requirements for the 10 CFR Part 53, Licensing and regulation of advanced nuclear reactors, rulemaking on a risk-informed, performance-based, and technology-inclusive regulatory framework for advanced reactors.

• Completed substantial preapplication activities with 12 vendors on 14 topical report reviews and 25 white paper reviews, to support timely and efficient future licensing reviews.

• Developed streamlined Draft Environmental Impact Statement (EIS) for licensing the proposed Kairos Hermes test reactor project in Oak Ridge, TN. Achieved Government-wide targets for a streamlined EIS including page length and schedule, which will serve as a template for preparing simple EISs for future small, advanced reactor projects.

FY 2024 Congressional Budget Justification l 29

NUCLEAR MATERIALS AND WASTE SAFETY NUCLEAR MATERIALS AND WASTE SAFETY Nuclear Materials and Waste Safety (Dollars in Millions)

FY 2022 FY 2022 FY 2023 FY 2024 Changes from Enacted Actuals Enacted Request FY 2023 Business Line $M FTE $M FTE $M FTE $M FTE $M FTE Spent Fuel Storage and 28.0 99.0 27.0 97.2 27.1 99.1 28.8 100.5 1.7 1.4 Transportation Nuclear Materials Users 62.3 198.0 62.3 200.4 63.2 202.0 71.4 203.4 8.2 1.4 Decommissioning and 22.9 85.0 21.5 81.6 23.9 86.8 27.0 91.6 3.1 4.8 Low-Level Waste High-Level Waste 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 Fuel Facilities 19.0 71.0 20.0 73.9 21.3 76.3 25.7 85.4 4.5 9.1 Subtotal $132.2 453.0 $130.8 453.2 $135.5 464.2 $152.9 480.9 $17.5 16.7 Carryover 0.0 0.0 -2.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total $132.2 453.0 $128.5 453.2 $135.5 464.2 $152.9 480.9 $17.5 16.7 Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover (Congressionally mandated) and the Ukraine supplemental.

- Actuals reflect total obligations, including obligations from both authorized and discretionary (agency allocated) carryover.

- For the enacted and the request years, the carryover row shows the amount funded by authorized carryover.

- For the actuals year, the carryover row shows the amount funded using both authorized and discretionary carryover, except carryover that was used to fund FTE costs.

The Nuclear Materials and Waste Safety Program encompasses the NRCs licensing and oversight of nuclear materials in a manner that adequately protects public health and safety. This program provides assurance of the physical security of the materials and waste and protection against radiological sabotage, theft, or diversion of nuclear materials. Through this program, the NRC regulates uranium processing and fuel facilities; research and pilot facilities; nuclear materials users (medical, industrial, research, and academic); spent fuel storage; spent fuel material transportation and packaging; decontamination and decommissioning of facilities; and low-level and high-level radioactive waste. The program contributes to the NRCs safety and security strategic goals through the activities of the Spent Fuel Storage and Transportation, Nuclear Materials Users, Decommissioning and Low-Level Waste, and Fuel Facilities Business Lines.

Overall resources requested in the FY 2024 budget for the Nuclear Materials and Waste Safety Program are

$152.9 million, including 480.9 FTE. This funding level represents an increase of $17.5 million, including an increase of 16.7 FTE, when compared to the FY 2023 Enacted Budget. The increase is primarily due to salaries and benefits adjustments, consistent with OMB guidance, and increases to workload as described within the subsequent business line sections.

FY 2024 Congressional Budget Justification l 31

SPENT FUEL STORAGE AND TRANSPORTATION SPENT FUEL STORAGE AND TRANSPORTATION Spent Fuel Storage and Transportation by Product Line (Dollars in Millions)

FY 2022 FY 2022 FY 2023 FY 2024 Changes from Enacted Actuals Enacted Request FY 2023 Product Line $M FTE $M FTE $M FTE $M FTE $M FTE International Activities 0.2 1.0 0.2 1.1 0.3 1.5 0.4 1.5 0.0 0.0 Licensing 14.1 55.0 14.0 55.1 15.0 57.5 15.2 55.0 0.2 (2.5)

Mission Support and 3.3 15.0 3.4 16.1 3.3 15.0 3.5 15.0 0.1 0.0 Supervisors Oversight 3.9 18.0 3.2 16.9 3.9 17.7 4.4 19.0 0.4 1.3 Research 4.1 4.0 3.9 2.6 2.2 3.4 2.6 3.0 0.4 (0.4)

Rulemaking 1.3 4.0 1.5 4.4 0.8 2.0 1.6 5.0 0.7 3.0 Training 0.7 2.0 0.4 1.0 0.8 2.0 0.8 2.0 0.0 0.0 Travel 0.5 0.0 0.3 0.0 0.6 0.0 0.5 0.0 (0.1) 0.0 Subtotal $28.0 99.0 $27.0 97.2 $27.1 99.1 $28.8 100.5 $1.7 1.4 Carryover 0.0 0.0 -0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total $28.0 99.0 $26.9 97.2 $27.1 99.1 $28.8 100.5 $1.7 1.4 Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover (Congressionally mandated).

- Actuals reflect total obligations, including obligations from both authorized and discretionary (agency allocated) carryover.

- For the enacted and the request years, the carryover row shows the amount funded by authorized carryover.

- For the actuals year, the carryover row shows the amount funded using both authorized and discretionary carryover, except carryover that was used to fund FTE costs.

The Spent Fuel Storage and Transportation Business Line activities support the safe and secure storage of spent nuclear fuel and the safe and secure transport of radioactive materials. These activities include conducting safety, security, and environmental reviews of license applications for spent nuclear fuel storage casks and independent spent fuel storage installations (ISFSIs), as well as performing safety and security reviews of radioactive material transportation packages. This work also includes reviewing storage system and ISFSI renewal applications, developing and updating related regulations and guidance, conducting safety inspections of transportation package and storage cask vendors and fabricators, observing ISFSI operations, and performing security inspections of ISFSIs.

FY 2024 Congressional Budget Justification l 33

SPENT FUEL STORAGE AND TRANSPORTATION

`

Figure 5 Anticipated Licensed and Operating ISFSIs by State in FY 2024 FY 2024 Congressional Budget Justification l 34

SPENT FUEL STORAGE AND TRANSPORTATION CHANGES FROM FY 2023 ENACTED BUDGET Resources increase primarily as a result of the following:

• Salaries and benefits, consistent with OMB guidance (+$1.2M);

• Licensing reviews of transportation packages for accident tolerant fuel (ATF), anticipated licensing review of one transportable microreactor application, other advanced reactors fuels and microreactors (+$0.2M);

• Anticipated increase in work related to aging management inspections, oversight activities related to consolidated interim storage facilities (CISFs), and continued support and implementation of the Spent Fuel Storage and Transportation (SFST) operating experience program (+$0.2M, +1.0 FTE); and

• Support the spent fuel casks and transportation requirements and harmonization with the International Atomic Energy Agency (IAEA) rulemaking; enhanced weapons for spent fuel storage installations and transportation (Section 161A of the AEA, as amended) authority rulemaking; independent spent fuel storage installation security requirements rulemaking; the development and maintenance of regulatory analysis guidance, project management, rulemaking tracking, and reporting of ongoing rulemaking activities (+$0.6M, +3.0 FTE).

These increases are partially offset by decreases within the product lines primarily due to the following:

• Low to medium certainty of the anticipated increase in new and amended transportation packages related to the potential licensing of two CISFs and decreases in routine reviews of storage and transportation packages (-$0.6M, -2.5 FTE).

Generally, resources budgeted in the Licensing and Oversight Product Lines impact fees for services. All other resources impact annual fees.

FY 2024 Congressional Budget Justification l 35

SPENT FUEL STORAGE AND TRANSPORTATION MAJOR ACTIVITIES The major activities in the Spent Fuel Storage and Transportation Business Line include the following:

• Safety, security, and environmental reviews for approximately 10 license amendments

($2.3M, 9.0 FTE); four general license applications for storage ($1.4M, 6.0 FTE); 65 transportation package reviews, including reviews of ATF ($2.8M, 11.0 FTE); and development and updates of regulations and guidance ($0.4M, 1.7 FTE).

• Review of three storage certificates of compliance and license renewal applications ($1.4M, 6.0 FTE).

• Security-related activities including security plan reviews and transportation security route approvals.

Resources also include support for physical security inspections of ISFSI operations, reviewing security for onsite storage of spent fuel, and issuance of ISFSI security orders for new facilities, as needed

($0.9M, 4.0 FTE).

• Research to develop the technical bases to support the review of transportation packages containing ATF

($2.7M, 3.0 FTE).

• Oversight activities and program infrastructure, including the revision of inspection guidance, inspector training, and initial implementation of oversight activities for the potential movement of spent nuclear fuel from onsite storage to a CISF, aging management inspections, and resources in the regions for ISFSI pad construction, dry-run operations, initial loading operations, and routine operations ($4.4M, 19.0 FTE).

• Support for agency-provided training in radiation sciences, security, and other regulatory support-related training. Additionally, resources support centrally managed external training and organizational development ($0.3M).

• Maintain a highly qualified workforce through recruitment and staffing of entry-level positions to support the agencys SWP ($0.5M, 2.0 FTE).

• Coordination with the IAEA to compare regulatory frameworks, share research information on storage and transportation matters, and harmonize the certification of transport packages and the licensing of storage cask designs with international standards ($0.4M, 1.5 FTE).

• Conduct transformation and innovation initiatives that continue to support further risk-informing spent fuel storage reviews ($0.4M, 1.0 FTE), graded approach for streamlining the format and content of storage certificates of compliance ($0.2M, 1.0 FTE), and review of topical reports using generic approvals of methodologies ($0.1M, 0.5 FTE).

FY 2024 Congressional Budget Justification l 36

SPENT FUEL STORAGE AND TRANSPORTATION Figure 6 Spent Fuel Storage and Transportation Workload Assumptions FY 2024 Congressional Budget Justification l 37

SPENT FUEL STORAGE AND TRANSPORTATION SIGNIFICANT ACCOMPLISHMENTS IN FY 2022 The significant accomplishments within the Spent Fuel Storage and Transportation Business Line include the following:

• Issued the proposed rule, Harmonization of Transportation Safety Requirements with International Atomic Energy Agency Standards for public comment.

• Completed 45 licensing reviews of transport package designs, storage cask and facility licenses, including the technical safety review of one storage renewal application, and issued five rules to codify the Certificates of Compliance for spent nuclear fuel storage cask designs.

• Conducted 16 inspections of activities related to radioactive material package certificate holders and spent fuel storage cask certificate holders to ensure the casks are being designed, fabricated, and used according to approved safety requirements.

• Conducted 58 ISFSI inspections including construction, preoperational testing, canister loading, and placement in a dry fuel storage system.

• Issued the Final EIS, and Supplement, related to the Holtec Consolidated Interim Storage Facility in New Mexico.

• Issued Enforcement Guidance Memorandum (EGM) 22-001, Enforcement Discretion for Noncompliance of Tornado Hazard Protection Requirements at Independent Spent Fuel Storage Installations, to allow for enforcement discretion when licensees have implemented administrative controls to protect the cask against tornado hazards.

FY 2024 Congressional Budget Justification l 38

NUCLEAR MATERIALS USERS NUCLEAR MATERIALS USERS Nuclear Materials Users by Product Line (Dollars in Millions)

FY 2022 FY 2022 FY 2023 FY 2024 Changes from Enacted Actuals Enacted Request FY 2023 Product Line $M FTE $M FTE $M FTE $M FTE $M FTE Event Response 0.6 3.0 0.5 2.6 0.6 3.0 0.7 3.0 0.0 0.0 Generic Homeland 10.4 13.0 11.1 12.2 9.4 13.0 10.8 13.0 1.4 0.0 Security International Activities 10.5 11.0 9.3 11.1 8.6 11.0 13.0 12.0 4.4 1.0 Licensing 9.0 42.0 8.3 42.5 9.7 42.0 11.4 47.2 1.7 5.2 Mission Support and 9.4 45.0 9.6 45.2 9.2 42.0 9.1 40.0 (0.1) (2.0)

Supervisors Oversight 11.1 46.0 12.3 49.3 12.2 49.0 13.6 50.3 1.4 1.3 Research 0.4 2.0 0.1 0.3 0.9 2.0 0.8 2.0 (0.1) 0.0 Rulemaking 1.7 7.0 2.2 9.6 2.5 10.0 1.7 5.9 (0.7) (4.1)

State, Tribal, and Federal 5.2 25.0 5.3 23.7 5.7 26.0 6.1 26.0 0.4 0.0 Programs Training 1.8 4.0 1.7 4.0 2.1 4.0 2.2 4.0 0.1 0.0 Travel 2.3 0.0 1.8 0.0 2.3 0.0 2.0 0.0 (0.3) 0.0 Subtotal $62.3 198.0 $62.3 200.4 $63.2 202.0 $71.4 203.4 $8.2 1.4 Carryover 0.0 0.0 -1.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total $62.3 198.0 $60.8 200.4 $63.2 202.0 $71.4 203.4 $8.2 1.4 Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover (Congressionally mandated) and the Ukraine supplemental.

- Actuals reflect total obligations, including obligations from both authorized and discretionary (agency allocated) carryover.

- For the enacted and the request years, the carryover row shows the amount funded by authorized carryover.

- For the actuals year, the carryover row shows the amount funded using both authorized and discretionary carryover, except carryover that was used to fund FTE costs.

The Nuclear Materials Users Business Line activities support the licensing and oversight of industrial, medical, and academic uses of radioactive materials. These activities include licensing, inspection, event response and evaluation, research, allegations review, enforcement, source security, import and export authorizations, rulemaking, the IMPEP, and programmatic assistance to Agreement States. Activities also include intergovernmental communication and coordination, implementation of the Tribal Policy Statement and coordination with other Federal agencies on Tribal matters, and maintenance of major information technology (IT) systems to support the regulatory safety and security infrastructure needed to track the possession and use of nuclear materials.

FY 2024 Congressional Budget Justification l 39

NUCLEAR MATERIALS USERS Agreement States are those States that have signed an agreement with the NRC in accordance with section 274.b of the Atomic Energy Act (AEA), which authorizes the NRC to discontinue, and the State to assume, regulatory authority over certain materials cited in the AEA. With respect to Agreement States, the NRC has programmatic oversight responsibility to periodically review the State programs to ensure adequacy and compatibility. There are currently 39 Agreement States.

Figure 7 Agreement States in FY 2024*

• On December 10, 2020, June 11, 2021, and January 9, 2023, the states of Connecticut, Indiana, and West Virginia, respectively, submitted letters of intent to become Agreement States.

Security activities in the Nuclear Materials Users Business Line include the implementation of a national registry to ensure the control of radioactive sources of concern4 and to prevent their malevolent use. The Integrated Source Management Portfolio (ISMP) integrates three core systems: the National Source Tracking System (NSTS), Web-Based Licensing (WBL), and License Verification System. These systems provide one management mechanism to license and track sources and other radioactive materials. Security-related activities also include inspecting materials facilities with radioactive materials in quantities of concern and performing prelicensing reviews of new materials license applicants.

4 Radioactive sources of concern refers to sources with quantities of radioactive material meeting or exceeding the category 1 and category 2 activity levels contained in 10 CFR Part 37, Physical protection of category 1 and category 2 quantities of radioactive material.

FY 2024 Congressional Budget Justification l 40

NUCLEAR MATERIALS USERS CHANGES FROM FY 2023 ENACTED BUDGET Resources increase primarily to support the following:

• Salaries and benefits, consistent with OMB guidance (+$3.4M);

• Projected resources for licensing and oversight workload5, increase in reviews of exempt distribution and sealed source and device applications, updating of licensing guidance, and development of the veterinary regulatory guide. Additionally, resources increase for hiring actions to double encumber and train health physics staff to ensure an appropriate pipeline and knowledge management for future agency mission related activities (+$1.6M, +6.5 FTE);

• Projected increase in international treaty and international agreement negotiations, review of bilateral agreements, advise on the sharing of safeguards information with international regulatory counterparts, and advise on legal issues in export and import licensing, foreign technology transfers, and treaty and international agreement implementation (+$0.3M, +1.0 FTE);

• Anticipated increases in emergent, high-priority requests for NRC technical and regulatory expertise related to the security of radioactive sources to help regulatory authorities in other countries establish programs and infrastructure to protect radiological material (+$4.0M); and

• Increased IT resources for the annual renewal of software licenses pertaining the operation of ISMP Systems, the modernization of WBL user interfaces and NSTS (+$1.4M).

These increases are partially offset by decreases primarily due to the following:

• The expected completion of rulemakings, or rulemakings not pursued including the Training and Experience Requirements for Unsealed Byproduct Materials rulemaking and the Decommissioning Financial Assurance Requirements for Sealed and Unsealed Radioactive Material rulemaking; additional decreases in support for project management and cost analysis associated with petitions for rulemaking, as well as rulemaking program infrastructure (-$0.7M, -4.1 FTE).

Generally, budgeted resources for the Nuclear Materials Users Business Line impact annual fees.

5 While the total number of licensing actions represents a decrease from FY 2023, more resource-intensive license renewal actions are expected in FY 2024, compared to the number of routine license amendments. Consistent with the FY 2023 Congressional Budget Justification, the resources increase based on an updated labor rate model for projected licensing actions.

FY 2024 Congressional Budget Justification l 41

NUCLEAR MATERIALS USERS MAJOR ACTIVITIES The major activities within the Nuclear Materials Users Business Line include the following:

• Complete reviews of approximately 1,480 materials licensing actions (new applications, amendments, renewals, and terminations) and approximately 600 routine health, safety, and security inspections, as well as reciprocity and reactive inspections ($13.4M, 59.8 FTE).

• Support the IMPEP, the coordination and review of the Connecticut and Indiana Agreement State applications; the assessment of Agreement State incidents and events, engagement in cooperative regulatory development with States, coordination of State participation in agency training courses, responses to State technical assistance requests, activities related to allegations about Agreement State licensees or regulatory programs, and interactions with the Conference of Radiation Control Program Directors and Organization of Agreement States; facilitation of Agreement State participation in the NRCs WBL system; and the development and maintenance of policies and procedures for the Agreement State program ($4.9M, 21.5 FTE).

• Implement the agencys Tribal Policy Statement, including outreach, guidance development, and staff training; coordinate with other Federal agencies on Tribal matters and NRC projects involving Tribal consideration; and update Tribal contact databases and mapping tools ($1.0M, 4.5 FTE).

• Support the annual inventory reconciliation of NSTS; implementation of 10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material; international coordination related to source security activities; and intergovernmental coordination related to source security with entities such as the U.S. National Nuclear Security Administration, the U.S. Department of Energy (DOE),

and the U.S. Department of Homeland Security ($2.0M, 9.0 FTE).

• Conduct Agreement State staff training and travel, including Agreement State staff support to IMPEP reviews and IMPEP management review boards ($0.7M).

• Conduct three high-priority rulemakings as directed by the Commission, review one petition for rulemaking, and maintain regulatory analysis guidance and rulemaking infrastructure ($1.4M, 5.9 FTE).

• Develop, coordinate, and implement policies related to the export and import of radioactive byproduct material and radioactive waste that falls under the NRC's jurisdiction. Support international treaty and international agreement negotiations and implementation. Support bilateral physical protection and material control and accounting visits to other countries possessing or obtaining U.S.-origin special nuclear material ($1.9M, 8.0 FTE).

• Support for agency-provided training in radiation sciences, security, and other training related to regulatory support, as well as reinitiating the Graduate Fellowship Program to address projected future skill gaps in health physics specialties. Additionally, resources support centrally managed external training and organizational development ($1.9M, 3.0 FTE).

• Maintain a highly qualified workforce through recruitment and staffing of entry-level positions to support the agencys SWP ($0.2M, 1.0 FTE).

• Provide technical assistance to the IAEA and support U.S. initiatives to enhance international safeguards and verification programs ($11.1M, 4.0 FTE).

FY 2024 Congressional Budget Justification l 42

NUCLEAR MATERIALS USERS

• Increase use of WBL as a primary source of authoritative data for the NRC and Agreement States for materials and waste licensing and inspection data, facilitating data-driven decision-making across the program; multiple guidance and rulemaking actions related to emerging technologies for human and veterinary medical diagnosis and treatment, taking a proactive approach to ensure an appropriate regulatory framework for the future; actions needed to ensure a sustainable National Materials Program that could include additional Agreement States, in anticipation of actions that will be identified by a joint NRC-State working group in 2022; and proactive hiring (including double-encumbering) and training, to ensure an appropriate pipeline of health physics professionals to support the future needs of the agency

($2.1M, 9.5 FTE).

FY 2024 Congressional Budget Justification l 43

NUCLEAR MATERIALS USERS Figure 8 Nuclear Materials Users Workload FY 2024 Congressional Budget Justification l 44

NUCLEAR MATERIALS USERS SIGNIFICANT ACCOMPLISHMENTS IN FY 2022 The significant accomplishments within the Nuclear Materials Users Business Line include the following:

• Facilitated consistent nationwide licensing for medical uses of radioactive materials through guidance for emerging technologies, including a revised training approach and new model for the NorthStar Medical Radioisotopes, LLC RadioGenix Molybdenum-99/Technetium-99m Generator System and an initial licensing guidance for Alpha DaRT manual brachytherapy sources (first issued under a streamlined process). Completed a first-of-a-kind evaluation of NRC-recognized medical specialty boards to support their continued qualification of authorized users of radioactive materials.

• Conducted Tribal outreach on multiple licensing and programmatic activities, including first-of-a-kind outreach and offers of consultation on the Agreement State applications for Connecticut and Indiana.

Created guidance for conducting consultation under the National Historic Preservation Act and Tribal Policy Statement.

• Issued the 2022 Radiation Source Protection and Security Task Force Report. This report, which is written every 4 years reflecting the input of 14 Federal agencies and the Organization of Agreement States, was transmitted to the President and Congress ahead of schedule.

• Issued 10 new inspection procedures under the Materials Inspection Program for the inspection process for approximately 70 percent of the more than 18,000 materials licensees across the National Materials Program.

• Supported timely and effective rulemaking activities related to two petitions for rulemaking on Tribal notification of radioactive material shipments and nuclear medicine injection extravasations, the proposed rule on "Items Containing Byproduct Materials Incidental to Production, and a draft regulatory basis on a flexible approach to emerging medical technologies.

• Engaged in international cooperation and assistance activities in the areas of radiation protection, international radiation safety standards, and radioactive source security, including U.S. leadership in the United Nations Scientific Committee on the Effects of Atomic Radiation, engagement at the 2022 International Conference on the Safety and Security of Radioactive Sources, preparations to co-chair the 2023 triennial meeting regarding the Code of Conduct on the Safety and Security of Radioactive Sources.

FY 2024 Congressional Budget Justification l 45

DECOMMISSIONING AND LOW-LEVEL WASTE DECOMMISSIONING AND LOW-LEVEL WASTE Decommissioning and Low-Level Waste by Product Line (Dollars in Millions)

FY 2022 FY 2022 FY 2023 FY 2024 Changes from Enacted Actuals Enacted Request FY 2023 Product Line $M FTE $M FTE $M FTE $M FTE $M FTE International Activities 0.5 2.0 0.6 2.5 0.4 2.0 0.6 2.0 0.1 0.0 Licensing 10.0 36.0 9.9 39.6 10.6 37.9 13.3 41.9 2.7 4.0 Mission Support and 3.0 14.0 2.7 12.2 3.3 15.0 3.7 16.0 0.4 1.0 Supervisors Oversight 5.4 23.0 5.2 21.7 5.7 23.6 6.1 24.8 0.4 1.2 Research 0.8 1.0 1.0 1.1 0.8 1.0 0.6 0.7 (0.3) (0.3)

Rulemaking 1.6 7.0 1.0 3.8 1.3 5.3 1.1 4.2 (0.2) (1.1)

Training 0.9 2.0 0.5 0.7 0.8 2.0 0.9 2.0 0.1 0.0 Travel 0.7 0.0 0.6 0.0 0.9 0.0 0.7 0.0 (0.1) 0.0 Subtotal $22.9 85.0 $21.5 81.6 $23.9 86.8 $27.0 91.6 $3.1 4.8 Carryover 0.0 0.0 -0.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total $22.9 85.0 $21.2 81.6 $23.9 86.8 $27.0 91.6 $3.1 4.8 Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover (Congressionally mandated).

- Actuals reflect total obligations, including obligations from both authorized and discretionary (agency allocated) carryover.

- For the enacted and the request years, the carryover row shows the amount funded by authorized carryover.

- For the actuals year, the carryover row shows the amount funded using both authorized and discretionary carryover, except carryover that was used to fund FTE costs.

The Decommissioning and Low-Level Waste Business Line activities support the licensing reviews and oversight of uranium recovery facilities and sites undergoing decommissioning. This business line also oversees the national low-level waste program and monitors the DOEs waste incidental to reprocessing (WIR) activities at the Savannah River Site and the Idaho National Laboratory consistent with the NRCs responsibilities under the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005. Other business line activities include interacting with licensees, applicants, Federal and State agencies, Tribal governments, and the public.

Decommissioning is the safe removal of a nuclear facility from service and the reduction of residual radioactivity to a level that permits the termination of the NRC license. The NRC has established site release criteria and provides for unrestricted or, under certain conditions, restricted release of a site. The NRC regulates the decommissioning of complex materials sites, fuel cycle facilities, uranium recovery facilities, power reactors, and non-power production or utilization facilities, with the goal of license termination.

FY 2024 Congressional Budget Justification l 47

DECOMMISSIONING AND LOW-LEVEL WASTE Figure 9 Anticipated Locations of NRC-Regulated Sites Undergoing Decommissioning in FY 2024 FY 2024 Congressional Budget Justification l 48

DECOMMISSIONING AND LOW-LEVEL WASTE CHANGES FROM FY 2023 ENACTED BUDGET Resources increase primarily to support the following:

• Salaries and benefits, consistent with OMB guidance (+$2.2M);

• Licensing activities for power reactors in decommissioning, an increased number of power reactors in active decommissioning status, and the increased use of accelerated decommissioning schedules

(+$2.3M, +3.0 FTE);

• Multiple reviews expected to be in various stages at 28 Uranium Mill Tailings Radiation Control Act (UMTRCA) sites (+$0.3M, +1.0 FTE); and

• Inspection and oversight activities for power reactors entering active or accelerated decommissioning immediately upon closure (+$0.4M, +1.2 FTE).

Generally, resources budgeted in the Licensing and Oversight Product Lines impact fees for services. All other resources impact annual fees.

FY 2024 Congressional Budget Justification l 49

DECOMMISSIONING AND LOW-LEVEL WASTE MAJOR ACTIVITIES The major activities within the Decommissioning and Low-Level Waste Business Line include the following:

• Support cooperative programs to exchange information with regulatory counterparts bilaterally and multilaterally on decommissioning issues, the licensing of uranium recovery facilities, the development of regulations for the handling and disposal of low-level waste, and the decommissioning process for power reactors and other nuclear facilities ($0.2M, 1.0 FTE).

• Satisfy international treaty and convention obligations as well as statutory mandates ($0.3M, 1.0 FTE).

• Perform licensing reviews and oversight activities for decommissioning two NPUFs undergoing decommissioning: Aerotest Radiography and Research Reactor, and General Electric Test Reactor

($0.3M, 0.9 FTE).

• Perform licensing reviews and oversight for 23 power reactors in various stages of decommissioning. This includes an adjustment to account for increased resources needed because of the number of power reactors transferring to active or accelerated decommissioning immediately upon closure. The expected workload includes the review of seven anticipated license termination plans: Crystal River Unit 3 Nuclear Generating Plant; General Electric Company Vallecitos Boiling-Water Reactor; Nuclear Ship Savannah; Oyster Creek Nuclear Generating Station; Pilgrim Nuclear Power Station; San Onofre Nuclear Generating Station Units 1, 2, and 3; and Vermont Yankee Nuclear Power Station ($6.4M, 22.3 FTE).

• Perform licensing reviews and oversight of four complex materials sites undergoing decommissioning, including the West Valley Demonstration Project, Cimarron, BWXT Shallow Land Disposal Area, and FMRI (Fansteel) ($0.6M, 2.4 FTE).

• Perform licensing reviews and oversight of five uranium mill sites undergoing decommissioning. Conduct oversight of 22 decommissioned UMTRCA Title I sites and six decommissioned UMTRCA Title II sites that are under DOE long-term care and maintenance ($1.6M, 7.0 FTE).

• Coordinate the National Low-Level Waste Program, including developing guidance, supporting IMPEP evaluations in the low-level radioactive waste area, addressing requests for proposed disposal procedures, and responding to inquiries from Agreement States ($1.4M, 4.7 FTE).

• Conduct three rulemakings as directed by the Commission, development and maintenance of regulatory analysis guidance, project management rulemaking tracking and reporting of ongoing rulemaking activities

($1.1M, 4.2 FTE).

• Oversee the activities related to waste incidental to reprocessing, including monitoring activities at the DOE Savannah River Site and Idaho National Laboratory ($1.0M, 4.0 FTE).

• Conduct research related to the implementation of subsurface characterization tools, surveys using autonomous vehicles, assessment of cover and long-term ground water performance, dosimetry analysis for discrete particles, and updating of codes and models related to decommissioning and low-level waste sites ($0.6M, 0.7 FTE).

• Support for agency-provided training in radiation sciences, security, and other training related to regulatory support. Additionally, support centrally managed external training and organizational development

($0.4M).

FY 2024 Congressional Budget Justification l 50

DECOMMISSIONING AND LOW-LEVEL WASTE

• Maintain a highly qualified workforce through recruitment and staffing of entry-level positions to support the agencys SWP ($0.5M, 2.0 FTE).

• Support cleanup of military and non-military radium sites ($0.4M, 1.3 FTE).

FY 2024 Congressional Budget Justification l 51

DECOMMISSIONING AND LOW-LEVEL WASTE Figure 10 UMTRCA and Complex Materials Sites FY 2024 Congressional Budget Justification l 52

DECOMMISSIONING AND LOW-LEVEL WASTE Figure 11 Non-Power Production or Utilization Facilities and Power/Early Demonstration Reactors Undergoing Decommissioning FY 2024 Congressional Budget Justification l 53

DECOMMISSIONING AND LOW-LEVEL WASTE SIGNIFICANT ACCOMPLISHMENTS IN FY 2022 The significant accomplishments within the Decommissioning and Low-Level Waste Business Line include the following:

• Completed a total of 53 licensing actions which included the license terminations for Humboldt Bay Power Plant, Unit 3, Sigma Aldrich Complex Material facility, and two licenses for the General Atomic TRIGA research test reactor.

• Supported licensing and oversight for decommissioning programs with guidance updates and public outreach activities, including the issuance of NUREG-1757 Consolidated Decommissioning Guidance, Vol. 2; participating in a Congressional field hearing near the Pilgrim Nuclear Power Station site; and conducting two Post-Shutdown Decommissioning Activities Report public meetings.

• Held the first offsite Commission meetings in over 40 years in New Mexico, which provided the Commission with (1) an overview of the interagency actions to address the impacts of uranium contamination on the Navajo Nation, and provide updates on, and lessons learned from, remediation activities at former uranium mill sites throughout the West, including North East Church Rock Mine and United Nuclear Corporation Mill Site activities; and (2) a first-hand account from the members of the Red Water Pond Road community on the impacts of uranium contamination on the Navajo Nation.

• Issued the long-term care fee determination for Western Nuclear, Inc. Split Rock uranium mill tailings site to prepare for license termination and transfer to the DOE for long-term care.

• Issued two technical evaluation reports for the Hanford site: (1) U.S. NRC Technical Evaluation Report for the Draft Waste Incidental to Reprocessing Evaluation for Vitrified Low Activity Waste and (2) U.S. NRC Technical Evaluation Report for the Draft Waste Incidental to Reprocessing Evaluation for the Test Bid Initiative.

• Completed outreach activities for the "Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning Proposed Rule," including six public meetings and presentations at conferences.

• Supported the 7th Review Meeting of the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management in Vienna, Austria, where NRC staff served as Country Group officers, presented the U.S. National Report in partnership with DOE, and served as technical experts in conducting peer reviews of other Contracting Parties.

FY 2024 Congressional Budget Justification l 54

FUEL FACILITIES FUEL FACILITIES Fuel Facilities by Product Line (Dollars in Millions)

FY 2022 FY 2022 FY 2023 FY 2024 Changes from Enacted Actuals Enacted Request FY 2023 Product Line $M FTE $M FTE $M FTE $M FTE $M FTE Event Response 0.4 2.0 0.3 1.2 0.5 2.0 0.5 2.0 0.0 0.0 Generic Homeland 2.5 3.0 2.6 2.3 2.5 3.0 2.7 3.0 0.1 0.0 Security International Activities 1.6 7.0 1.2 5.4 1.7 7.5 1.8 7.5 0.1 0.0 Licensing 4.9 19.5 5.4 21.5 6.3 22.8 9.3 27.9 3.0 5.1 Mission Support and 2.9 14.0 3.4 15.4 3.0 14.0 3.5 15.0 0.5 1.0 Supervisors Oversight 5.6 24.5 5.5 25.3 5.9 25.0 6.4 27.0 0.6 2.0 Rulemaking 0.0 0.0 0.5 2.2 0.2 1.0 0.5 2.0 0.3 1.0 Training 0.4 1.0 0.3 0.6 0.4 1.0 0.5 1.0 0.0 0.0 Travel 0.7 0.0 0.6 0.0 0.7 0.0 0.6 0.0 (0.2) 0.0 Subtotal $19.0 71.0 $20.0 73.9 $21.3 76.3 $25.7 85.4 $4.5 9.1 Carryover 0.0 0.0 -0.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total $19.0 71.0 $19.7 73.9 $21.3 76.3 $25.7 85.4 $4.5 9.1 Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover (Congressionally mandated).

- Actuals reflect total obligations, including obligations from both authorized and discretionary (agency allocated) carryover.

- For the enacted and the request years, the carryover row shows the amount funded by authorized carryover.

- For the actuals year, the carryover row shows the amount funded using both authorized and discretionary carryover, except carryover that was used to fund FTE costs.

The Fuel Facilities Business Line encompasses the licensing reviews and oversight of fuel cycle facilities in a manner that provides reasonable assurance of adequate protection of public health and safety and promotes the common defense and security. The uranium fuel cycle begins with uranium ore that is mined and then milled to extract uranium from the ore. The Fuel Facilities Business Line includes licensing and oversight activities related to fuel conversion, enrichment, and fuel fabrication. Conversion of the uranium changes it into a form suitable for enrichment. The enrichment process makes uranium suitable for use as nuclear fuel.

The Fuel Facilities Business Line also provides licensing and oversight support for a number of additional licensees that possess greater-than-critical-mass quantities of special nuclear materials (SNM), such as universities and research and test facilities.

FY 2024 Congressional Budget Justification l 55

FUEL FACILITIES Figure 12 Locations of Licensed Fuel Cycle Facilities Some licensed fuel facilities possess SNM, such as plutonium and enriched uranium. Those licensees verify and document their inventories and material transfers in the Nuclear Materials Management and Safeguards System database. The DOEs Office of Nuclear Materials Integration operates this database, which is jointly supported by the DOE and the NRC under the Fuel Facilities Business Line. Fuel Facilities Business Line activities also include the implementation of international safeguards in the United States at NRC-licensed facilities and NRC representation on multiple interagency safeguards groups. In addition, the Fuel Facilities Business Line supports interactions with the Nuclear Materials Information Program (NMIP) and the interagency agreement with the DOE for the certification and accreditation of classified computer systems at enrichment facilities.

The NMIP is an interagency effort managed by the DOEs Office of Intelligence and Counterintelligence, in close coordination with the U.S. Departments of State, Defense, Homeland Security, and Justice, as well as the NRC and agencies under the Director of National Intelligence. The goal of the NMIP is to consolidate information from all sources pertaining to worldwide nuclear materials holdings and their security status into an integrated and continuously updated information management system.

Other activities supported by the Fuel Facilities Business Line include licensing reviews, inspections, allegation and enforcement, rulemaking, emergency preparedness, international cooperation and assistance, IAEA missions, and import and export licensing.

FY 2024 Congressional Budget Justification l 56

FUEL FACILITIES CHANGES FROM FY 2023 ENACTED BUDGET Resources increase primarily as a result of the following:

• Salaries and benefits, consistent with OMB guidance (+$3.3M);

• Licensing actions related to the review of one new fuel facility license application and one new medical isotope production facility (+$2.7M, +4.1 FTE);

• Licensing actions related to enrichment and manufacturing of High-Assay Low-Enriched Uranium, advanced reactor fuel, and accident tolerant fuel (+$0.2M, +1.0 FTE);

• Programmatic oversight and inspection in support of Category II fuel facilities and the anticipated new medical isotope production facility (+$0.6M, +2.0 FTE); and

• Potential rulemaking for enhanced security of special nuclear material and guidance development for the security for fuel facilities (+$0.2M, +1.0 FTE).

These increases are partially offset by decreases within the product lines due to the following:

• Cost sharing redistribution for shared IT services such as end-user computing software, security tools, computer and storage infrastructure, annual hardware equipment refresh, and end-user provisioning, and a decrease in funding for the maintenance of Network Operations Center (NOC) services to align with actual costs (-$0.3M).

Generally, resources budgeted in the Licensing and Oversight Product Lines impact fees for services. All other resources impact annual fees.

FY 2024 Congressional Budget Justification l 57

FUEL FACILITIES MAJOR ACTIVITIES The major activities within the Fuel Facilities Business Line include the following:

• Conduct licensing, oversight, and regulatory activities for nine major fuel facilities and 10 greater-than-critical-mass SNM licensees ($15.2M, 52.7 FTE).

• Review one new fuel facility license application (TRISO-X) and one new medical isotope facility (Niowave) ($0.5M, 2.2 FTE).

• Maintain the Nuclear Materials Management and Safeguards System for SNM ($2.0M, 1.0 FTE).

• Sustain U.S. non-proliferation activities by fulfilling national obligations, implementing international safeguards, and licensing the import and export of nuclear materials and equipment ($0.2M, 1.0 FTE).

• Support agency-provided training in radiation sciences, security, and other training related to regulatory support. Additionally, support centrally managed external training and organizational development

($0.2M).

• Maintain a highly qualified workforce through recruitment and staffing of entry-level positions to support the agencys SWP ($0.2M, 1.0 FTE).

• Support the NRCs work with international counterparts including reciprocal commitments under bilateral peaceful nuclear cooperation agreements and activities involving obligation tracking, treaty compliance, and reviews under 10 CFR Part 810, Assistance to Foreign Atomic Energy Activities.

Support bilateral visits to other countries possessing or obtaining U.S.-origin SNM with regard to physical protection and material control and accounting. Provide technical assistance to the IAEA and support U.S. initiatives to enhance international safeguards and verification programs ($1.6M, 6.5 FTE).

FY 2024 Congressional Budget Justification l 58

FUEL FACILITIES Figure 13 Fuel Facilities Licensing Actions and Inspections Workload FY 2024 Congressional Budget Justification l 59

FUEL FACILITIES SIGNIFICANT ACCOMPLISHMENTS IN FY 2022

• Issued a renewed license and Final EIS for Westinghouse Electric Co.s Columbia Fuel Fabrication Facility in Hopkins, South Carolina, that authorizes operations for an additional 40 years.

• Issued a renewed special nuclear material license to Oregon State University for an additional 10 years.

The license will allow continued research on fuel rods for research and test reactors.

• Completed three licensing reviews for existing fuel facilities with plans to increase uranium enrichment and manufacture fuel with high-assay low-enriched uranium.

• Engaged with international counterparts on reciprocal commitments under bilateral peaceful nuclear cooperation agreements, obligation tracking, treaty compliance, and reviews under 10 CFR Part 810, Assistance to Foreign Atomic Energy Activities; conducted bilateral visits to other countries possessing or obtaining U.S.-origin SNM with regard to physical protection and material control and accounting; and provided technical assistance to IAEA and supported U.S. initiatives to enhance international safeguards and verification programs.

• Published guidance (NUREG-2159, Acceptable Standard Format and Content for the Fundamental Nuclear Material Control Plan Required for Special Nuclear Material of Moderate Strategic Significance) to facilitate compliance with NRC regulations applicable to the fundamental nuclear material control plans required of certain types of licensees.

• Completed all core inspections for all fuel facilities, performed two Special Inspections in response to safety significant events, and began development of a comprehensive construction inspection program for new types of facilities licensed under 10 CFR Part 70.

FY 2024 Congressional Budget Justification l 60

CORPORATE SUPPORT CORPORATE SUPPORT Corporate Support by Product Line (Dollars in Millions)

FY 2022 FY 2022 FY 2023 FY 2024 Changes from Enacted Actuals Enacted Request FY 2023 Product Line $M FTE $M FTE $M FTE $M FTE $M FTE Acquisitions 11.6 48.0 11.3 45.7 12.6 46.0 15.1 47.0 2.5 1.0 Administrative Services 71.2 70.0 86.3 70.9 70.4 70.0 71.7 71.0 1.3 1.0 Financial Management 30.7 92.0 32.9 90.5 33.1 93.0 35.5 93.0 2.5 0.0 Human Resource 19.9 44.0 21.8 37.8 19.9 43.0 24.1 48.0 4.2 5.0 Management IT/IM Resources 96.0 170.0 99.2 153.8 110.5 175.0 114.1 175.0 3.6 0.0 Outreach 3.3 13.0 3.3 12.1 3.7 13.0 6.3 15.0 2.6 2.0 Policy Support 29.9 128.0 27.4 117.4 31.0 127.0 32.9 127.0 2.0 0.0 Training 3.8 12.0 3.6 11.1 4.0 12.0 4.2 12.0 0.1 0.0 Subtotal $266.3 577.0 $285.8 539.5 $285.3 579.0 $304.0 588.0 $18.7 9.0 Carryover 0.0 0.0 -20.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total $266.3 577.0 $265.8 539.5 $285.3 579.0 $304.0 588.0 $18.7 9.0 Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover (Congressionally mandated).

- Actuals reflect total obligations, including obligations from both authorized and discretionary (agency allocated) carryover.

- For the enacted and the request years, the carryover row shows the amount funded by authorized carryover.

- For the actuals year, the carryover row shows the amount funded using both authorized and discretionary carryover, except carryover that was used to fund FTE costs.

The NRCs Corporate Support Business Line involves centrally managed activities that are necessary for the agency to accomplish its mission. These activities include acquisitions, administrative services, financial management, human resource management, information technology (IT) /information management (IM),

outreach, policy support, and training.

The FY 2024 Corporate Support request is approximately 30.2 percent of the agencys total budget authority and reflects the agencys efforts to comply with the corporate support cap in Section 102(a)(3)(B) of the Nuclear Energy Innovation and Modernization Act (NEIMA) to the maximum extent practicable. Resources requested in the FY 2024 budget for Corporate Support are $304.0 million, including 588.0 FTE. This funding level represents an increase of $18.7 million when compared to the FY 2023 Enacted Budget. The FY 2024 budget request supports continuing efforts to modernize IT in order to increase productivity and security, leverage data as a strategic asset, share quality services, leverage common contracts and best practices to drive cost reductions and efficiencies, improve outcomes through Federal IT spending transparency, better manage major acquisitions, increase the efficiency and effectiveness of administrative services, develop the agency workforce, focus on the highest value work, and improve the customer experience with Federal services.

FY 2024 Congressional Budget Justification l 61

CORPORATE SUPPORT CHANGES FROM FY 2023 ENACTED BUDGET Resources increase primarily to support the following:

• Salaries and benefits, consistent with OMB guidance (+$8.9M);

• Activities associated with management of NRC facilities to align with historical utilization, operations and maintenance (O&M) for agency Headquarters buildings, and classroom refresh of the agencys Technical Training Center to support remote and hybrid learning (+$1.1M);

• Rent increases for agency Headquarters and Region I, utilities for agency headquarters, and realty expertise to manage leasing activities for all agency locations (+$0.9M, +1.0 FTE);

• Increase in the number of projected paid relocation moves for permanent change of station (+$2.6M);

• Ongoing, critical agency hiring needs; agency human capital planning; and human resources planning, policy, and program development (+$0.8M, +3.0 FTE);

• Increased workload as a result of the agencys human capital strategy changes to recruit new talent, including outreach and marketing strategies, campus visits, industry job fairs, and hiring events

(+$0.5M, +2.0 FTE);

• Maintenance of mandated acquisition systems (+$1.8M);

• IT security support for the acquisition of contractor resources, services, software, and equipment needed to support compliance with Cyber Executive Order activities, directives, and mandates; also upgrades of legacy components that support system management and provide connectivity for infrastructure at NRC sites (+$6.3M);

• Efforts to ensure compliance with statutory mandates for agency records management, conference room initiatives, enhancement of conference room audio visual equipment, support for conversion of analog tapes to digital format, software and hardware licensing, upgrades of legacy components and onsite support (+$0.7M);

• Configuration and implementation of financial system enhancements (+$1.5M);

• Expected increase in diversity and inclusion efforts and equal employment opportunity casework

(+$0.3M, +1.0 FTE); and

• Minority Serving Institutions Grant Program (MSIGP) to promote the inclusion of women, minorities, and individuals with disabilities in science, technology engineering, mathematics, and other fields of interest to the NRC. (+$2.4M, +2.0 FTE).

FY 2024 Congressional Budget Justification l 62

CORPORATE SUPPORT These increases are partially offset by decreases in the following areas:

• Reduced costs for physical and personnel security (-$0.3M);

• Reduced costs for agency support services including office supplies, printing services, mail delivery, transcription services, and Customer Support Center end-user support (-$0.6M);

• Reduced costs to align budgeted resources with execution data in support of IT/IM Service Management

(-$1.1M);

• Elimination of certain acceleration and optimization services as part of the agencys efforts to comply with OMB requirements in Memorandum 21-31, Improving the Federal Government's Investigative and Remediation Capabilities Related to Cybersecurity Incidents, dated August 27, 2021 (-$0.3M); and

• Activities to decrease some O&M costs and plans to decommission hardware/software products that will no longer add significant value as well as adjustments to better allocate the budget based on the analysis of prior year execution (-$4.4M).

MAJOR ACTIVITIES The major activities within the Corporate Support Business Line include the following:

• Provide rent and utilities for NRC Headquarters, regional offices, and the Technical Training Center, as well as subsidized rent and utilities for the space in Three White Flint North occupied by the U.S. Food and Drug Administration and the National Institutes of Health; building O&M; general building alterations; workstation modifications; space management and planning services; property management and labor services; housekeeping; guard services; security investigations; drug testing; security equipment and support; insider threat program; transportation services; transit subsidies; administrative service center help desk; print and publication services; transcription and adjudicatory hearing support; technical editing; graphic design; audiovisual services; postage and mail services; and office supplies ($71.7M, 71.0 FTE).

• Maintain and operate the agencys financial systems and manage budget development and execution, agency financial services, accounting and reporting activities, development of the annual fee rule, and administration of the internal control program ($35.5M, 93.0 FTE).

• Conduct human resource management activities, work-life services, employee and labor relations, enhanced SWP, and permanent change of station, including resident inspector moves

($24.1M, 48.0 FTE).

• Manage the IT/IM portfolio, including the following ($114.1M, 175.0 FTE):

o Maintain cost-effective enterprise solutions and secure infrastructure technologies and services to enable the agencys mission and corporate functions.

o Promote mobility to respond to mission needs.

o Ensure effective management and appropriate dissemination of physical and electronic information and records.

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CORPORATE SUPPORT o Promote public access to agency information and support involvement in the agencys regulatory activities to ensure transparency.

o Support essential information collections and implementation of the Freedom of Information Act.

o Develop and implement cybersecurity policies and standards to mitigate cybersecurity vulnerabilities, threats, and incidents.

o Prevent unauthorized disclosure of NRC information and protect classified and controlled unclassified information.

o Support Enterprise Architecture, capital planning, IT governance, and other functions of the Chief Information Officer.

o Improve outcomes through Federal IT spending transparency.

o Make targeted investments to enable new capabilities and yield future cost savings or avoidance, such as modernizing IT to increase productivity and security; support disaster recovery and continuity of operations planning, testing, and management; and move from the current tape library backup system to a cloud backup solution.

• Maintain the civil rights complaints process; promote affirmative employment, diversity, and inclusion; ensure compliance with small business laws; provide the maximum practicable prime and subcontract opportunities for small businesses; reconstitution of the MSIGP; and continue efforts to implement the NRCs Outreach and Compliance Coordination Program ($6.3M, 15.0 FTE).

• Provide agencywide policy formulation and guidance; legal advice and appellate adjudicatory support, and independent evaluations of agency programs and implementation of Commission policy directives; conduct congressional, protocol, and public affairs activities; provide management and oversight of agency programs; and support operation of the Commissioners offices ($32.9M, 127.0 FTE).

• Maintain the agencys corporate support training infrastructure, including operation of the Professional Development Center, organizational development, training systems, and corporate-related external training ($4.2M, 12.0 FTE).

• Perform the contract operations and oversight necessary to ensure that the agency obtains goods and services to support mission needs ($15.1M, 47.0 FTE).

FY 2024 Congressional Budget Justification l 64

CORPORATE SUPPORT SIGNIFICANT ACCOMPLISHMENTS IN FY 2022 The significant accomplishments within the Corporate Support Business Line include the following:

• Completed the renovation of one floor at the NRCs HQ facility and moved one of four regional facilities to a new location.

• Enhanced the cybersecurity posture in the face of evolving threats and new federal mandates by authorizing all agency information systems and subsystems under Federal Information Security Management Act (FISMA) requirements. Recognized as the only agency to have earned a higher Federal Information Technology Acquisition Reform Act (FITARA) score on the most recent FITARA score card due to CIO Authority Enhancements and Portfolio Review Savings categories.

• Received a grade of "A+" from the Small Business Administration and met five of five small business goals, including the small-disadvantaged business goal that increased 440 percent in FY 2022, and more than doubled the goal for businesses owned by service-disabled veterans and women, as well as companies located in historically underutilized business zones.

• Identified all analog records for transfer to U.S. National Archives and Records Administrations Federal Records Centers in accordance with directive M-19-21, Transition to Electronic Records, ahead of schedule.

• Facilitated the installation and configuration of server/storage equipment at Equinix, providing the option to relocate the NRCs physical system and server footprint outside of the Three White Flint (3WFN) datacenter.

• Expanded NRC Multi-Factor Authentication across all systems for access by employees and contractors to internal systems, providing for strong authentication as well as end-user benefits such as single sign-on.

• Developed, implemented, and obtained executive approval on launching the NRCs Digital Service Center (DSC) for assessing software development, modernization, and enhancement (DME) requests to support agency prioritization decision-making and create a more effective NRC IT Portfolio.

• Issued awards for approximately 255 new commercial contracts (includes contracts, blanket purchase agreement setup and calls, purchase orders, task orders), 38 grants, 40 U.S. DOE Lab Agreements (includes orders), and 30 Interagency Agreements with other Federal agencies.

FY 2024 Congressional Budget Justification l 65

UNIVERSITY NUCLEAR LEADERSHIP PROGRAM UNIVERSITY NUCLEAR LEADERSHIP PROGRAM University Nuclear Leadership Program (Dollars in Millions)

FY 2022 FY 2022 FY 2023 FY 2024 Changes from Enacted Actuals Enacted Request FY 2023 Business Line $M FTE $M FTE $M FTE $M FTE $M FTE University Nuclear Leadership 16.0 0.0 14.6 0.0 16.0 0.0 0.0 0.0 (16.0) 0.0 Program Subtotal $16.0 0.0 $14.6 0.0 $16.0 0.0 $0.0 0.0 ($16.0) 0.0 Carryover -16.0 0.0 -14.6 0.0 -16.0 0.0 0.0 0.0 16.0 0.0 Total $0.0 0.0 $0.0 0.0 $0.0 0.0 $0.0 0.0 $0.0 0.0 Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover (Congressionally mandated).

- Actuals reflect total obligations, including obligations from both authorized and discretionary (agency allocated) carryover.

- For the enacted and the request years, the carryover row shows the amount funded by authorized carryover.

- For the actuals year, the carryover row shows the amount funded using both authorized and discretionary carryover, except carryover that was used to fund FTE costs.

The University Nuclear Leadership Program (UNLP), formerly the Integrated University Program (IUP) provides grants to academic institutions to support education in nuclear science and engineering and related fields. In FY 2022, the NRC awarded approximately $14.6 million in UNLP funds for 9 fellowships, 11 research and development grants, 11 faculty development grants, 4 scholarships, and 1 trade/community college award.

In addition, the agency strives to include minority serving institutions as part of the program through the competitive grant selection process. The FY 2024 budget request does not include funding for this program.

FY 2024 Congressional Budget Justification l 67

OFFICE OF THE INSPECTOR GENERAL OFFICE OF THE INSPECTOR GENERAL The U.S. Nuclear Regulatory Commission (NRC) Office of the Inspector General (OIG) was established as a statutory entity on April 15, 1989, in accordance with the 1988 amendments to the Inspector General Act, to provide oversight of NRC operations. The Consolidated Appropriations Act of 2014 subsequently authorized the NRC Inspector General (IG) to exercise the same authorities concerning Defense Nuclear Facilities Safety Board (DNFSB) operations. The OIGs mission is to provide independent, objective audit and investigative oversight of the operations of these agencies, in order to protect people and the environment.

NRC OIG Budget Authority and Full-Time Equivalents (Dollars in Millions)

FY 2022 FY 2022 FY 2023 FY 2024 Changes from FY 2023 Enacted Actuals Enacted Request

$M FTE $M FTE $M FTE $M FTE $M FTE Program Support All Funds 1.9 0.0 1.7 0.0 2.9 0.0 2.8 0.0 0.0 0.0 Program Salaries and All Funds 11.9 63.0 12.1 58.9 12.9 63.0 15.8 73.0 2.9 10.0 Benefits Carryover 0.0 0.0 -1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total $13.8 63.0 $12.8 58.9 $15.8 63.0 $18.6 73.0 $2.9 10.0 Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover. Actuals reflect total obligations, including obligations from both authorized and discretionary carryover.

The fiscal year (FY) 2024 budget request for the NRC OIG is $18.6 million, which includes $15.8 million in salaries and benefits to support 73.0 FTE, and $2.8 million in program support. This request reflects a total increase of $2.9 million, when compared to the FY 2023 Enacted Budget. These resources will support IG auditing and investigation functions for both the NRC ($17.1 million) and the DNFSB ($1.5 million).

The OIG is depicting the full cost associated with its programs for the FY 2024 budget with the caveat: as a result of an October 1989 memorandum of understanding between the NRCs Chief Financial Officer and the IG, and a subsequent amendment in March 1991, the OIG no longer requests that funding for some OIG management and support services be included in the OIG appropriation. As a substitute, it was agreed that funds for OIG infrastructure requirements and other agency support services would instead be included in the NRCs main appropriation. For the most part, these costs are not readily severable. Thus, this funding continues to be included in NRCs main appropriation.

The OIGs strategic arena consists of three program areas: Audits, Investigations, and Management and Operational Support. The Audits Program is designed to provide assurance to the Chair and to Congress that NRC programs are operating efficiently and effectively. The Investigations Program mandate is to perform investigative activities related to the integrity of the NRCs programs and operations. The IG Management and Operational Support staff consists of Senior Executive Managers, the General Counsel, technical services, and administrative support staff. The OIGs Senior Executive Managers provide the continued vision, strategic direction, and guidance on the conduct and supervision of audits and investigations. Senior managers ensure accountability for the OIGs established goals, objectives, and achievement of intended results. Further, senior managers provide administrative and operational support, including expert engineering and technical analysis, budget, personnel, and Information Technology (IT) services, to promote the OIG mission and goals.

FY 2024 Congressional Budget Justification l 69

OFFICE OF THE INSPECTOR GENERAL The work to be performed by the OIG during FY 2024 will be carried out through the OIGs three programs:

Audits, Investigations, and Management and Operational Support Programs. In accordance with Office of Management and Budget (OMB) requirements, the OIG is providing the full cost associated with these programs for the FY 2024 budget.

The NRC OIG Strategic Plan can be found in its entirety at https://nrcoig.oversight.gov/planning-documents.

Additional information related to work performed appears on the OIG Web site at https://nrcoig.oversight.gov/reports/semiannual-report-congress.

AUDITS PROGRAM Audits Budget Authority (Dollars in Millions)

FY 2022 FY 2022 FY 2023 FY 2024 Changes from Enacted Actuals Enacted Request FY 2023

$M FTE $M FTE $M FTE $M FTE $M FTE Audits Program $9.2 41.0 $9.1 38.3 $9.5 35.0 $10.7 39.0 $1.2 4.0 Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover. Actuals reflect total obligations, including obligations from both authorized and discretionary carryover.

The OIG Audits Program focuses on the agencys management and financial operations; economy and efficiency with which an organization, program, or function is managed; and, whether the programs achieve the intended results. OIG auditors assess the degree to which an organization complies with laws, regulations, and internal policies in carrying out programs, and they test program effectiveness as well as the accuracy and reliability of financial statements. The overall objective of an audit is to identify ways to enhance agency operations and promote greater economy and efficiency.

For FY 2024, OIG requests $10.7 million, including 39.0 FTE, to carry out its Audits Program activities for the NRC and the DNFSB programs. With these resources, the Audits Program will conduct approximately 24 audits and evaluations for the NRC. These additional audit resources will enable the OIG to provide coverage of the NRCs Nuclear Reactor Safety, Nuclear Materials and Waste Safety, Security, Financial and Information Technology, and Corporate Support Programs. The OIGs assessment of these mission-critical programs will support the agency in accomplishing its goals of ensuring adequate protection of public health and safety and the environment, and ensuring the secure use and management of radioactive materials.

In addition, the OIG will conduct approximately six audits and evaluations that will cover various DNFSB programs and operations. These assessments will support the DNFSBs primary purpose of ensuring adequate protection of public health and safety in the U.S. Department of Energys (DOEs) defense nuclear facilities and operations.

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OFFICE OF THE INSPECTOR GENERAL CHANGES FROM FY 2023 ENACTED BUDGET This request reflects a total increase of $1.2 million over the FY 2023 Enacted Budget. The OIGs FY 2024 budget request reflects the funding level needed to sustain the existing programs and fund additional FTEs.

The additional FTEs will be used for a Quality Assurance Manager to review and edit audit and evaluation written products, as well as data scientists to support all audit staff in incorporating more sophisticated testing and analytics methods into the engagements performed. As computerized systems and testing methods have become more efficient and sophisticated, it is important for the OIGs audit operations staff to identify and implement the most effective methods to uncover sufficient and appropriate evidence to support audit findings, conclusions, and recommendations. These data scientists will support each audit/engagement, advise on appropriate methods for gathering audit evidence, and, where appropriate, incorporate data analytic techniques to help increase the reliability of audit evidence.

INVESTIGATIONS PROGRAM Investigations Budget Authority (Dollars in Millions)

FY 2022 FY 2022 FY 2023 FY 2024 Changes from Enacted Actuals Enacted Request FY 2023

$M FTE $M FTE $M FTE $M FTE $M FTE Investigations Program $4.4 22.0 $4.5 20.6 $3.9 18.0 $5.0 22.0 $1.1 4.0 Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover. Actuals reflect total obligations, including obligations from both authorized and discretionary carryover.

The OIGs responsibility for detecting and preventing fraud, waste, and abuse within the NRC and the DNFSB includes investigating possible violations of criminal statutes relating to NRC and DNFSB programs and activities; investigating misconduct by NRC and DNFSB employees; interfacing with the Department of Justice on OIG-related criminal matters; and coordinating investigations and other OIG initiatives with federal, state, and local investigative agencies and other OIGs. Investigations may be initiated as a result of allegations or referrals from private citizens; licensee employees; NRC and DNFSB employees; Congress; other federal, state, and local law enforcement agencies; OIG audits; the OIG hotline; and IG initiatives directed at activities bearing a high potential for fraud, waste, and abuse.

For FY 2024, OIG requests $5.0 million, including 22.0 FTE, to carry out its Investigations Program activities for the NRC and the DNFSB programs. The OIG will continue to prioritize reactive investigations into allegations of criminal and other wrongdoing. The Investigations Program will focus on investigations of alleged NRC or DNFSB staff misconduct adversely impacting the NRC and DNFSB health and safety missions. The OIG has also implemented a series of proactive initiatives designed to identify specific high-risk areas most vulnerable to fraud, waste, and abuse. With the requested resources, the OIG expects to conduct approximately 40 investigations at the NRC and the DNFSB covering a broad range of allegations of misconduct and mismanagement affecting various NRC and DNFSB programs.

FY 2024 Congressional Budget Justification l 71

OFFICE OF THE INSPECTOR GENERAL CHANGES FROM FY 2023 ENACTED BUDGET This request reflects a total increase of $1.1 million over the FY 2023 Enacted Budget. The OIGs FY 2024 budget request reflects the funding level needed to sustain the existing programs and fund additional FTEs.

The additional FTEs will serve as a technical advisor to assist in the safety/security investigations and to support technical investigations at the DNFSB, which currently lacks a dedicated OIG Investigations Program technical advisor. Criminal investigators with science or engineering backgrounds, will serve to support the Inspector Generals new initiative to identify fraud, waste, and abuse of Decommissioning Trust funds, which are funded by taxpayers dollars. Similarly, it will support allegations about a new agency activity involving the subsequent license renewal of nuclear power reactors as well as spent fuel storage across the United States.

Approximately 16 nuclear power plants are in the process of decommissioning, with approximately $10 billion residing in Decommissioning Trust funds to be used exclusively for the safe removal of radiologically contaminated nuclear power plant components. Many nuclear power reactors are reaching the end of their lifecycles and have significant spent fuel that needs to be managed safely due to the lack of a long-term storage facility such as that proposed at Yucca Mountain. Further, many reactor licensees are seeking approval from the NRC to renew their licenses for an additional 20 years.

MANAGEMENT AND OPERATIONAL SUPPORT Management and Operational Support (Dollars in Millions)

FY 2022 FY 2022 FY 2023 FY 2024 Changes from Enacted Actuals Enacted Requests FY 2023

$M FTE $M FTE $M FTE $M FTE $M FTE Management and Operational Support $0.2 0.0 $0.3 0.0 $2.4 10.0 $3.0 12.0 $0.6 2.0 Program Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover. Actuals reflect total obligations, including obligations from both authorized and discretionary carryover.

For FY 2024, the OIG requests $3.0 million, including 12.0 FTE, to carry out its management and operational support activities. With these resources, OIG senior management will be able to offer continued vision, strategic direction, and guidance on the conduct and supervision of audits and investigations. Senior management will also ensure accountability for the OIGs established goals and objectives and the achievement of intended results.

The administrative support staff will support OIG programs by providing independent personnel services, IT/IM support, financial management, policy and strategic planning support, training coordination, and the preparation and coordination of the OIGs Semiannual Report to Congress.

FY 2024 Congressional Budget Justification l 72

OFFICE OF THE INSPECTOR GENERAL CHANGES FROM FY 2023 ENACTED BUDGET This request reflects a total increase of $0.6 million over the FY 2023 Enacted Budget. The OIGs FY 2024 budget request reflects the funding level needed to sustain the existing programs and fund the additional FTEs for several key areas to effectively accomplish the OIGs primary mission, expand public outreach and maintain a greater online and social media presence, broaden congressional outreach and dialogue, expand personnel capabilities to meet the growing demand for OIG services, and upgrade IT. The requested management and operational support budget will continue to provide the resources for OIG senior management to offer continued vision, strategic direction, and guidance on the conduct and supervision of audits and investigations.

Senior management will also ensure accountability for the OIGs established goals and objectives and the achievement of intended results.

NRC OIG Budget Resources Linked to OIG's Strategic Goals (Dollars in Millions)

Strengthen NRC's Improve NRC's Program Links to Enhance NRC's Public Health & Resource Strategic Goals Security Efforts Safety Efforts Stewardship Efforts

$M $M $M FY 2024 Programs $17.11 Audits $11.4 $2.3 $2.3 $6.8 Investigations $5.7 $2.0 $0.6 $3.1 Notes:

- $M includes FTE costs as well as contract support, training, and travel. Numbers may not add due to rounding.

1 The budget resources linked to the NRC OIG strategic goals do not include the $1.5M for the DNFSB.

FY 2024 Congressional Budget Justification l 73

OFFICE OF THE INSPECTOR GENERAL INSPECTOR GENERAL REFORM ACT CERTIFCATION FOR FY 2024 In accordance with the Inspector General Reform Act (Public Law 110-409), the OIG NRC budget request for FY 2024 was provided to the NRC Chair, and no comments were received. In addition, the OIG DNFSB budget request for FY 2024 was submitted to the DNFSB Chair, who provided no comments.

FY 2024 Congressional Budget Justification l 74

APPENDIX A FULL COST OF U.S. NUCLEAR REGULATORY COMMISSION PROGRAMS APPENDIX A FULL COST OF U.S. NUCLEAR REGULATORY COMMISSION PROGRAMS This appendix provides the full cost of U.S. Nuclear Regulatory Commission (NRC) programs. The table below includes the total amount of allocated corporate support costs for all business lines, except for the Office of the Inspector General, plus the business line costs presented in each chapter of this report.

Full Cost Budget Authority and Full-Time Equivalents (Dollars in Millions)

FY 2022 FY 2022 FY 2023 FY 2024 Changes from Enacted Actuals Enacted Request FY 2023 Business Line $M FTE $M FTE $M FTE $M FTE $M FTE Operating Reactors 567.0 1,868.7 563.2 1,769.6 593.9 1,856.1 621.2 1,848.9 27.3 (7.1)

New Reactors 122.9 379.8 102.5 304.3 122.3 355.1 149.6 422.5 27.3 67.4 Nuclear Reactor Safety $689.9 2,248.5 $665.7 2,073.9 $716.2 2,211.2 $770.9 2,271.4 $54.7 60.2 Spent Fuel Storage and 39.8 124.5 40.2 122.1 39.8 125.0 42.2 126.3 2.3 1.4 Transportation Nuclear Materials Users 85.8 249.0 89.5 251.8 89.2 254.7 98.4 255.7 9.2 0.9 Decommissioning and 33.0 106.9 32.6 102.5 35.0 109.5 39.1 115.1 4.1 5.7 Low-Level Waste High-Level Waste 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 Fuel Facilities 27.5 89.3 30.0 92.8 31.1 96.2 37.1 107.3 6.0 11.1 Nuclear Materials and

$186.0 569.6 $192.3 569.3 $195.2 585.4 $216.8 604.5 $21.7 19.1 Waste Safety Major Program Subtotal $875.9 2,818.1 $858.0 2,643.2 $911.4 2,796.6 $987.7 2,875.9 $76.3 79.3 University Nuclear Leadership 16.0 0.0 14.6 0.0 16.0 0.0 0.0 0.0 (16.0) 0.0 Program Office of the Inspector 13.8 63.0 13.8 58.9 15.8 63.0 18.6 73.0 2.9 10.0 General Subtotal $905.7 2,881.1 $886.5 2,702.1 $943.2 2,859.6 $1,006.4 2,948.9 $63.2 89.3 Carryover -16.0 0.0 -39.1 0.0 -16.0 0.0 -27.1 0.0 (11.1) 0.0 Total $889.7 2,881.1 $847.4 2,702.1 $927.2 2,859.6 $979.2 2,948.9 $52.1 89.3 Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover. Actuals reflect total obligations, including obligations from both authorized and discretionary carryover.

FY 2024 Congressional Budget Justification l 75

APPENDIX A FULL COST OF U.S. NUCLEAR REGULATORY COMMISSION PROGRAMS The fiscal year (FY) 2024 Congressional Budget Justification identifies the infrastructure and support costs for the NRC. The allocation methodology is consistent with that used for preparing the agencys financial statements. The table below represents the associated infrastructure and support funding allocated to the NRCs programs to provide the full cost of each business line.

Corporate Support by Business Line (Dollars in Millions)

FY 2022 FY 2022 FY 2023 FY 2024 Changes from Enacted Actuals Enacted Request FY 2023 Major Programs $M FTE $M FTE $M FTE $M FTE $M FTE Operating Reactors 176.6 382.6 191.3 361.2 189.3 384.3 195.4 378.0 6.1 (6.2)

New Reactors 35.9 77.8 32.9 62.1 36.2 73.5 44.7 86.4 8.4 12.9 Nuclear Reactor Safety $212.5 460.4 $224.2 423.3 $225.5 457.8 $240.1 464.4 $14.5 6.6 Spent Fuel Storage and 11.8 25.5 13.2 24.9 12.7 25.9 13.4 25.8 0.6 0.0 Transportation Nuclear Materials Users 23.5 51.0 27.2 51.4 26.0 52.7 27.0 52.3 1.0 (0.5)

Decommissioning and 10.1 21.9 11.1 20.9 11.2 22.7 12.2 23.5 1.0 0.9 Low-Level Waste Fuel Facilities 8.4 18.3 10.0 18.9 9.8 19.9 11.3 21.9 1.5 2.0 Nuclear Materials and

$53.8 116.6 $61.6 116.2 $59.7 121.2 $63.9 123.6 $4.2 2.4 Waste Safety Total $266.3 577.0 $285.8 539.5 $285.3 579.0 $304.0 588.0 $18.7 9.0 Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover. Actuals reflect total obligations, including obligations from both authorized and discretionary carryover.

FY 2024 Congressional Budget Justification l 76

APPENDIX B BUDGET AUTHORITY BY FUNCTION APPENDIX B BUDGET AUTHORITY BY FUNCTION The U.S. Nuclear Regulatory Commissions (NRC) budget authority is aggregated into the major categories of salaries and benefits, contract support, and travel. Salaries and benefits are estimated based on Full-Time Equivalents (FTE), pay rates, pay raise assumptions including enacted pay raises and the effective pay periods for pay raises. Benefits costs include the Federal Governments contributions for retirement, health benefits, life insurance, Medicare, Social Security, and the Thrift Savings Plan. Contract support comprises obligations for commercial contracts, interagency agreements, grants, and other nontravel services, such as rent and utility payments. Travel costs primarily comprise expenses for site inspections at regulated facilities, meetings with stakeholders, and international travel.

Budget Authority by Function (Dollars in Millions)

FY 2022 FY 2022 FY 2023 FY 2024 Changes from Enacted Actuals Enacted Request FY 2023 Salaries and Expenses

$M $M $M $M $M (S&E)

Salaries and Benefits 579.6 539.9 600.4 655.6 55.2 Contract Support 276.1 304.8 290.8 315.7 24.9 Travel 20.2 13.3 20.2 16.4 (3.8)

Total (S&E) $875.9 $858.0 $911.4 $987.7 $76.3 University Nuclear Leadership

$16.0 $14.6 $16.0 $0.0 ($16.0)

Program Office of the Inspector General (OIG)

Salaries and Benefits 11.9 12.1 12.9 15.8 2.9 Contract Support 1.7 1.6 2.6 2.6 0.0 Travel 0.2 0.2 0.2 0.2 0.0 Total (OIG) $13.8 $13.8 $15.8 $18.6 $2.9 Total NRC Appropriations Salaries and Benefits 591.5 552.0 613.3 671.4 58.1 Contract Support 277.8 306.3 293.5 318.3 24.8 Travel 20.4 13.5 20.4 16.6 (3.7)

Subtotal (NRC) $905.7 $886.5 $943.2 $1,006.4 $63.2 Carryover -16.0 -39.1 -16.0 -27.1 (11.1)

Total (NRC) $889.7 $847.4 $927.2 $979.2 $52.1 Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover. Actuals reflect total obligations, including obligations from both authorized and discretionary carryover.

FY 2024 Congressional Budget Justification l 77

APPENDIX C ESTIMATED OPERATING POWER REACTORS ANNUAL FEE APPENDIX C ESTIMATED OPERATING POWER REACTORS ANNUAL FEE This appendix provides the U.S. Nuclear Regulatory Commissions (NRCs) estimated fiscal year (FY) 2024 annual fee calculation for the operating power reactors fee class and compares that amount against the FY 2015 annual fee amount for operating power reactors, adjusted for inflation. In accordance with Section 102(b)(3)(B)(i) of the Nuclear Energy Innovation and Modernization Act (Public Law 115-439), the operating power reactors annual fee, to the maximum extent practicable, shall not exceed the operating power reactors annual fee amount established in the FY 2015 final fee rule, adjusted for inflation.

The operating power reactors annual fee estimate is based on the NRC staffs allocation of the FY 2024 budget request to fee collections under Title 10 of the Code of Federal Regulations (10 CFR) Part 170, Fees for Facilities, Materials, Import and Export Licenses, and Other Regulatory Services under the Atomic Energy Act of 1954, as Amended, and allocations within the operating power reactors fee class under 10 CFR Part 171, Annual Fees for Reactor Licenses and Fuel Cycle Licenses and Materials Licenses, Including Holders of Certificates of Compliance, Registrations, and Quality Assurance Program Approvals and Government Agencies Licensed by the NRC. In FY 2024, the operating power reactors annual fee assumes 94 operating power reactors and applies various data assumptions from the FY 2022 final fee rule. Based on these allocations and assumptions, the annual fee per operating power reactor for FY 2024 is estimated to be

$5.3 million, approximately $0.6 million below the FY 2015 operating power reactors annual fee amount adjusted for inflation of $5.9 million.

Estimated FY 2024 Operating Power Reactors Annual Fee FY 2024 Request

($M)

Budgetary Allocation 672.9 Estimated 10 CFR Part 170 Receipts1 172.9 Estimated 10 CFR Part 171 Allocations 500.0 Generic Transportation Resources Allocation 0.7 Generic Low-Level Waste Surcharge 3.4 10 CFR Part 171 Billing Adjustments (3.3)

Total Annual Fee2 $500.8 Number of Operating Power Reactors 94 Annual Fee per Operating Power Reactor3 $5.3 FY 2015 Annual Fee per Operating Power Reactor Adjusted for Inflation4 $5.9 Delta: FY 2024 Annual Fee - FY 2015 Annual Fee Adjusted for Inflation ($0.6)

Notes:

Numbers may not add due to rounding.

FY 2015 final fee rule (80 FR 37432; June 30, 2015).

1 The estimated 10 CFR Part 170 receipts are based on the data assumptions from the FY 2022 final fee rule (87 FR 37197; June 22, 2022). The estimated 10 CFR Part 170 receipts will be modified during the fee rule process with the most current billing data.

2 Sum of Adjusted 10 CFR Part 171 Allocations, Generic Low-Level Waste Surcharge, and 10 CFR Part 171 Billing Adjustments.

3 Applied various data assumptions from the FY 2022 final fee rule.

4 Based on an average 2.6 percent Consumer Price Index estimated increase for FY 2024.

FY 2024 Congressional Budget Justification l 79

APPENDIX D ESTIMATED AGENCY FEE RECOVERY APPENDIX D ESTIMATED AGENCY FEE RECOVERY The Nuclear Energy Innovation and Modernization Act (NEIMA) (Public Law 115-439) requires the U.S.

Nuclear Regulatory Commission (NRC) to recover, to the maximum extent practicable, approximately 100 percent of its total budget authority for a fiscal year (FY), less the budget authority for excluded activities. In accordance with Section 102(b)(1)(B) of NEIMA, excluded activities include generic homeland security, waste incidental to reprocessing, Nuclear Waste Fund, advanced reactors regulatory infrastructure activities, Office of the Inspector General services for the Defense Nuclear Facilities Safety Board, the University Nuclear Leadership Program, and fee-relief activities identified by the Commission.

Consistent with prior fee rules, fee-relief activities identified by the Commission include Agreement State oversight, regulatory support to Agreement States, medical isotope production infrastructure, fee exemption for non-profit educational institutions, generic decommissioning/reclamation, uranium recovery program and unregistered general licensees, potential activities under the U.S. Department of Defense Remediation Program memorandum of understanding (military radium-226), non-military radium sites, international activities, and minority serving institution grants. The table below provides the amounts budgeted for fee-relief activities in FY 2024.

Budgetary Resources for Fee-Relief Activities (Dollars in Millions)

FY 2022 FY 2023 FY 2024 Changes from Enacted Enacted Request FY 2023

$M FTE $M FTE $M FTE $M FTE Agreement State Oversight 5.6 22.2 5.9 23.2 6.0 22.0 0.1 (1.2)

Regulatory Support to Agreement States 6.6 21.1 8.2 24.0 7.2 19.5 (1.0) (4.5)

Medical Isotope Production Infrastructure 2.2 10.8 1.2 4.6 0.3 1.5 (0.9) (3.1)

Fee Exemption for Non-profit Educational Institutions 5.4 25.7 6.4 29.1 8.7 35.6 2.3 6.5 Generic Decommissioning/Reclamation 8.0 28.0 8.0 28.0 5.1 15.0 (2.9) (13.0)

Uranium Recovery Program and Unregistered General Licensees 1.5 5.5 1.2 4.5 2.6 10.5 1.4 6.0 Potential Department of Defense Remediation Program Memorandum of Understanding Activities (Military Radium-226) 0.4 2.0 0.4 2.0 0.4 1.5 0.0 (0.5)

Non-Military Radium Sites 0.1 0.6 0.1 0.4 0.1 0.4 0.0 0.0 International Activities 18.0 44.0 17.0 48.5 23.8 56.0 6.8 7.5 Minority Serving Institutions 0.0 0.0 0.0 0.0 2.0 0.0 2.0 0.0 1

Total $47.8 159.9 $48.4 164.3 $56.2 162.0 7.8 (2.3)

Notes:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover and adjustments to correctly budget for the fee-relief activities in alignment with the fee rule.

1 Does not include full cost allocation of $39.7 million applied during the development of the fee rule and $6.6 million for the small entity adjustment.

FY 2024 Congressional Budget Justification l 81

APPENDIX D ESTIMATED AGENCY FEE RECOVERY The following table delineates the estimated fee recovery calculation. Should the NRC receive the full amount requested for FY 2024, the estimated fee recovery for FY 2024 is $823.2 million.

Estimated Fee Recovery (Dollars in Millions)

FY 2023 FY 2024 Changes from Enacted Projection FY 2023

$M $M $M Salaries and Expenses (S&E) Appropriation $911.4 $960.6 $49.2 S&E Excluded Activities $133.9 $152.8 $18.9 Generic Homeland Security 13.4 15.1 1.6 Waste Incidental to Reprocessing 1.2 1.0 (0.2)

Advanced Reactors Regulatory Readiness 23.8 34.2 10.4 Nuclear Waste Fund 0.0 0.0 0.0 University Nuclear Leadership Program 0.0 0.0 0.0 Fee-Relief Activities (Includes Full Cost Allocation Applied During Fee Rule Development)1 95.5 102.6 7.1 Office of the Inspector General (OIG) Appropriation $15.8 $18.6 $2.9 OIG Excluded Activities $3.1 $3.2 $0.0 Defense Nuclear Facilities Safety Board 1.5 1.5 0.0 Full Cost Allocation Applied During Fee Rule Development2 1.6 1.6 0.0 Total NRC Appropriation $927.2 $979.2 $52.1 Total NRC Excluded Activities $137.0 $156.0 $19.0 Fees To Be Recovered $790.2 $823.2 $33.1 Billing and Carryover Adjustments3 (4.0) (4.0) 0.0 Adjusted Fee Recovery Amount $786.2 $819.2 $33.1 Estimated 10 CFR Part 170 Fees Amount4 $202.0 $210.5 $8.5 Estimated 10 CFR Part 170 Fees Percent 25.7% 25.7% 0.0%

Estimated 10 CFR Part 171 Fees Amount $584.1 $608.7 $24.6 Estimated 10 CFR Part 171 Fees Percent4 74.3% 74.3% 0.0%

Notes:

Numbers may not add due to rounding. $M includes FTE costs as well as Contract Support and Travel.

1 Amount may vary in fee rule based on offsetting estimated receipts and small entity allowance. In addition to the fee-relief activities listed in the previous table, the FY 2024 amount includes an estimated full cost allocation of $39.7 million applied during the development of the fee rule and $6.6 million for the small entity adjustment.

2 This reflects the estimated full cost allocation amount applied during the development of the fee rule.

3 The NRC applies billing and carryover adjustments to the estimated fee recovery amount to account for the sum of unpaid current year invoices minus prior year invoices that will be paid in the budget request year from the FY 2022 final fee rule.

4 Obtained from the FY 2022 final fee rule distribution of Title 10 of the Code of Federal Regulations (10 CFR) Part 170, Fees for Facilities, Materials, Import and Export Licenses, and Other Regulatory Services under the Atomic Energy Act of 1954, as Amended, and 10 CFR Part 171, Annual Fees for Reactor Licenses and Fuel Cycle Licenses and Material Licenses, Including Holders of Certificates of Compliance, Registrations, and Quality Assurance Program Approvals and Government Agencies Licensed by the NRC.

FY 2024 Congressional Budget Justification l 82

APPENDIX D ESTIMATED AGENCY FEE RECOVERY Of the adjusted $819.2 million estimated to be recovered from fees, the NRC estimates that approximately

$210.5 million, using the estimated full cost FTE rate consistent with the fee rule methodology, will be recovered through fees assessed under 10 CFR Part 170. The NRC estimates that approximately 77 percent of the $210.5 million will be recovered through requested activities of the Commission as described in Appendix E, Requested Activities by Business Line. The remaining $608.7 million of the $819.2 million is estimated to be recovered through fees assessed under 10 CFR Part 171.

FY 2024 Congressional Budget Justification l 83

APPENDIX E REQUESTED ACTIVITIES BY BUSINESS LINE APPENDIX E REQUESTED ACTIVITIES BY BUSINESS LINE This appendix summarizes the U.S. Nuclear Regulatory Commissions (NRCs) fiscal year (FY) 2024 requested activities budgeted by business line. In accordance with Section 102(a)(1) of the Nuclear Energy Innovation and Modernization Act (NEIMA) (Public Law 115-439), [i]n the annual budget justification submitted by the Commission to Congress, the Commission shall expressly identify anticipated expenditures necessary for completion of the requested activities of the Commission anticipated to occur during the applicable fiscal year. NEIMA defines a requested activity as the processing of applications for (1) design certifications or approvals, (2) licenses, (3) permits, (4) license amendments, (5) license renewals, (6) certificates of compliance, (7) power uprates, and (8) any other activity requested by a licensee or applicant.

A total of $88.2 million, including 336.9 Full-Time Equivalents (FTE), is budgeted to support requested activities of the Commission for FY 2024, which will be recovered under Title 10 of the Code of Federal Regulations (10 CFR) Part 170, Fees for Facilities, Materials, Import and Export Licenses, and Other Regulatory Services Under the Atomic Energy Act of 1954, as amended, and 10 CFR Part 171, Annual Fees for Reactor Licenses and Fuel Cycle Licenses and Material Licenses, Including Holders of Certificates of Compliance, Registrations, and Quality Assurance Program Approvals and Government Agencies Licensed by the NRC.

The table below is not an exhaustive list of the NRCs budgetary resources for fee-for-service activities recovered through 10 CFR Part 170. Other fee-for-service activities, such as inspections, do not meet NEIMAs definition of a requested activity and, therefore, are not included. Furthermore, the table below includes $5.5 million, including 24.7 FTE, budgeted to support requested activities within the Nuclear Materials Users Business Line that will be recovered through annual fees under 10 CFR Part 171.

Requested Activity by Business Line (Dollars in Millions)

FY 2022 FY 2023 FY 2024 Changes from Business Line Enacted Enacted Request FY 2023

$M FTE $M FTE $M FTE $M FTE Operating Reactors 25.3 116.8 29.2 124.2 31.4 125.5 2.2 1.3 New Reactors 22.3 97.9 20.2 84.2 30.9 119.6 10.7 35.4 Spent Fuel Storage and Transportation 8.2 36.2 8.9 37.7 8.3 32.2 (0.6) (5.5)

Nuclear Materials Users 5.2 26.0 5.4 26.0 6.3 28.0 0.9 2.0 Decommissioning and Low-Level Waste 2.0 7.3 3.0 11.0 5.1 16.6 2.1 5.6 Fuel Facilities 2.3 7.0 3.9 11.6 6.2 15.0 2.3 3.4 Total $65.3 291.2 $70.6 294.7 $88.2 336.9 $17.6 42.2 Note:

- $M includes FTE costs as well as contract support and travel. Numbers may not add due to rounding.

- Enacted reflects the appropriated budget, including authorized carryover.

FY 2024 Congressional Budget Justification l 85

APPENDIX E REQUESTED ACTIVITIES BY BUSINESS LINE The estimated fees to be assessed under 10 CFR Part 170 are calculated using an estimated full costed FTE rate, consistent with the fee rule methodology. In FY 2023 and FY 2024, the estimated 10 CFR Part 170 fees to be assessed for requested activities are $133.0 million and $161.8 million, respectively. Of the agencys estimated total 10 CFR Part 170 fees to be assessed, this represents approximately 66 and 77 percent for FY 2023 and FY 2024, respectively. Appendix D, Estimated Agency Fee Recovery, gives the agencys estimated total fees to be assessed under 10 CFR Part 170.

FY 2024 Congressional Budget Justification l 86

APPENDIX F

SUMMARY

OF REIMBURSABLE WORK APPENDIX F

SUMMARY

OF REIMBURSABLE WORK The U.S. Nuclear Regulatory Commission (NRC) performs services for other Federal agencies and non-Federal organizations on a reimbursable basis. The NRCs reimbursable work is financed with funds provided by the ordering organization and represents additional funding in excess of the NRCs directly appropriated funds. The table below lists anticipated reimbursable funding by category per fiscal year (FY).

Summary of Reimbursable Work (Dollars in Millions)

FY 2022 FY 2023 FY 2024 Changes from Description of Work Actuals Authority Request FY 2023

$M FTE $M FTE $M FTE $M FTE COOPERATIVE RESEARCH Foreign Cooperative Research Agreements 2.550 0.0 2.443 0.0 1.947 0.0 (0.496) 0.0 FACILITIES REVENUE Building Operations and Maintenance Services (NIH) 0.403 0.0 0.000 0.0 0.350 0.0 0.350 0.0 Parking Receipts 0.000 0.0 0.005 0.0 0.005 0.0 0.000 0.0 Recycling Reimbursements (GSA) 0.000 0.0 0.003 0.0 0.003 0.0 0.000 0.0 INTERNATIONAL ASSISTANCE Cooperative Activities Travel (Nuclear Regulation 0.039 0.0 0.000 0.0 0.000 0.0 0.000 0.0 Authority of Japan)

International Invitational Travel (IAEA) 0.019 0.0 0.350 0.0 0.350 0.0 0.000 0.0 International Travel (AIT) 0.000 0.0 0.015 0.0 0.015 0.0 0.000 0.0 SECURITY-RELATED ACTIVITIES Criminal History Program 0.496 2.6 1.700 2.6 1.700 2.6 0.000 0.0 Information Access Authorization Program 0.144 0.5 0.580 1.5 0.580 1.5 0.000 0.0 Material Access Authorization Program 0.000 0.0 0.060 0.5 0.060 0.5 0.000 0.0 TECHNICAL ASSISTANCE TO OTHER FEDERAL AGENCIES Columbia Class Submarine Review (DOE) 0.028 0.1 0.200 0.5 0.400 1.9 0.200 1.4 DARPA ARCOS Program Assessment (DOD) 0.091 0.3 0.120 0.2 0.000 0.0 (0.120) (0.2)

Employee Detail to Defense Intelligence Agency 0.137 0.5 0.000 0.0 0.000 0.0 0.000 0.0 (DOD)

Foreign Research Reactor Program Revalidation of 0.029 0.1 0.050 0.3 0.050 0.3 0.000 0.0 Certificates (DOE)

Hanford Tank Waste Projects (DOE) 0.372 1.3 0.500 2.0 0.500 2.0 0.000 0.0 MARSSIM Revision 2 Support (EPA) 0.020 0.0 0.050 0.0 0.050 0.0 0.000 0.0 Review of Project Pele Documents from the Strategic 0.000 0.0 0.000 0.0 0.330 0.5 0.330 0.5 Capabilities Office (DOD)

Seismic Induced Liquefaction Model Development 0.125 0.0 0.000 0.0 0.000 0.0 0.000 0.0 (DOI)

Surface Ship Support Barge Decommissioning (DOE) 0.189 0.3 0.300 0.8 0.000 0.0 (0.300) (0.8)

U.S. Navy Reviews (DOD) 0.002 0.1 0.004 0.1 0.003 0.1 (0.001) 0.0 Total $4.644 5.8 $6.379 8.5 $6.343 9.4 ($0.036) 0.9

$M includes full-time equivalent costs as well as contract support and travel. Numbers may not add due to rounding. Does not include classified reimbursable work agreements. FY 2022 $M represents actual amounts obligated. FY 2023 and FY 2024 $M represent new reimbursable budget authority expected in the FY from Federal Agencies and other outside sources.

FY 2024 Congressional Budget Justification l 87

APPENDIX G CYBERSECURITY APPENDIX G CYBERSECURITY 2024 Cybersecurity Request by Function and Capability NRC FY 2024 Cybersecurity Spending FY 2023 Enacted FY 2024 Request NIST Function and Capability Total by Total by Total by Total by FTE FTE Function ($K) Capability ($K) Function ($K) Capability ($K)

Identify / Authorization & Policy 18,919 10,194 17.2 16,580 9,417 14.3 Identify / CDM 150 0.0 182 0.1 Identify / Non-CDM ISCM 7,339 8.0 5,657 8.0 Identify / Standards Development and 736 1.0 746 1.0 Propagation Identify / Supply Chain Risk 500 0.0 578 0.0 Management (SCRM)

Detect / DLP 5,287 0 0.0 8,164 254 0.0 Detect / Intrusion Prevention 5,287 0.0 7,910 5.0 Protect / Cloud Security 9,363 1,856 2.1 8,496 406 0.1 Protect / Credentialing and Access 3,853 3.0 3,887 3.0 Management Protect / Data Loss Prevention 56 0.0 0 0.0 Protect / Insider Treat 121 0.0 276 0.0 Protect / Secure Data Transmission 695 0.0 770 0.0 Protect / Secure Log Management 921 2.0 1,050 2.0 Protect / Security Training 510 1.0 490 1.0 Protect / Security System Testing and 745 0.0 987 0.0 Analysis Protect / TIC 606 0.0 630 0.0 Respond / Incident Management and 3,542 3,460 8.0 3,004 3,004 8.0

Response

Respond / Incident Notification 82 0.0 0 0.0 Recover / Disaster Recovery 1,067 1,067 0.0 1,059 1,020 0.0 Recover / Incident Notification 0 0.0 39 0.0 Total $38,178 $38,178 42.3 $37,303 $37,303 42.5 FY 2024 Congressional Budget Justification l 89

APPENDIX H

SUMMARY

OF PLANNED RULEMAKING ACTIVITIES APPENDIX H

SUMMARY

OF PLANNED RULEMAKING ACTIVITIES (As of February 3, 2023)

The table below lists all the U.S. Nuclear Regulatory Commissions (NRC) rulemaking activities, including their priority and schedule, as of February 3, 2023. Of the 63 rulemaking activities listed, 59 are planned rulemaking activities and 4 are petitions for rulemaking that are currently under NRC review. The total rulemaking budget for fiscal year (FY) 2024 is $21.6 million, including 78.6 Full-Time Equivalents. The NRC has published the most current information available on the status of the agencys rulemaking activities on its public Web site at https://www.nrc.gov/about-nrc/regulatory/rulemaking/rules-petitions.html.

At the time of publication, each proposed and final rule includes a statement that addresses actions taken to adhere to applicable backfitting and issue finality requirements. This includes discussing which backfitting and issue finality requirements apply, if any, and how NRC staff evaluated the rule with respect to those requirements. In an effort to improve consistency in applying these requirements, the agency provides training on backfitting and issue finality to staff who engage in activities where these topics arise. The agencys Committee to Review Generic Requirements also reviews all rulemakings that meet defined criteria to provide additional confirmation that backfitting and issue finality requirements are appropriately and consistently applied to rulemakings.

Regulatory Proposed Proposed Final Rule Final Associated Rulemaking Item CPR Docket Basis Rule to Rule to Rule Category Title RIN1 PRM Initiation

1. Priority ID Publication Signature Publication Signature Publication Numbers Date 2 2 2 Date Authority Date Authority Date2 2023 Edition of the American Society NRC-Rulemaking of Mechanical 3150-1 High 2020- N/A 12/12/2019 N/A N/A N/A N/A N/A Actions Engineers Boiler AK42 0029 and Pressure Vessel Code 2024 Edition of the American Society NRC-Rulemaking of Mechanical 3150-2 High 2021- N/A 1/6/2021 N/A N/A N/A N/A N/A Actions Engineers AK62 0022 Operations and Maintenance Code 2025 Edition of the American Society NRC-Rulemaking of Mechanical 3150-3 High 2022- N/A N/A N/A N/A N/A N/A N/A Actions Engineers Boiler AK77 0017 and Pressure Vessel Code Advanced Nuclear NRC-Rulemaking Reactor Generic 3150-4 High 2020- N/A 9/21/2020 N/A 11/30/2021 5/30/2023 5/1/2023 1/2/2024 Actions Environmental AK55 0101 Impact Statement Alignment of Licensing NRC-Rulemaking Processes and 3150-5 High 2009- N/A 9/22/2015 1/29/2021 5/26/2022 5/23/2023 3/14/2024 6/19/2024 Actions Lessons Learned AI66 0196 from New Reactor Licensing American Society of Mechanical NRC-Rulemaking 3150-6 Engineers 2021 - High 2018- N/A 12/12/2018 N/A 7/17/2023 8/17/2023 9/10/2024 1/10/2025 Actions AK21 2022 Code 0289 Editions 1

Rulemaking activities without a Regulation Identification Number (RIN) have not been approved by the Commission for the NRC staff to begin rulemaking but are included in the table for completeness because the staff has submitted or is preparing rulemaking plans.

2 These dates are NRC staff estimates. The actual dates are subject to Commission action.

FY 2024 Congressional Budget Justification l 91

APPENDIX H

SUMMARY

OF PLANNED RULEMAKING ACTIVITIES Regulatory Proposed Proposed Final Rule Final Associated Rulemaking Item CPR Docket Basis Rule to Rule to Rule Category Title RIN1 PRM Initiation

1. Priority ID Publication Signature Publication Signature Publication Numbers Date Date Authority2 Date2 Authority2 Date2 American Society of Mechanical NRC-Rulemaking 3150-7 Engineers Code High 2018- N/A 12/12/2018 N/A 1/31/2023 3/15/2023 4/29/2024 10/29/2024 Actions AK23 Cases and Update 0291 Frequency Approval of American Society NRC-Rulemaking 3150-8 of Mechanical High 2021- N/A 1/6/2021 N/A N/A N/A N/A N/A Actions AK61 Engineers Code 0023 Cases, Revision 41 NRC-Rulemaking Cyber Security for 3150-9 High 2015- N/A 3/24/2015 4/12/2016 10/4/2017 6/15/2023 7/28/2023 1/26/2024 Actions Fuel Facilities AJ64 0179 Drug and Alcohol NRC- PRM-26-4, Rulemaking Testing: Technical 3150-10 High 2012- PRM-26-7, N/A 2/1/2024 1/2/2025 4/1/2025 1/2/2026 4/1/2026 Actions Issues and AJ15 0079 PRM-26-8 Editorial Changes Embrittlement and Surveillance Requirements for NRC-Rulemaking 11 High-Fluence High N/A 2021- N/A N/A N/A N/A N/A N/A N/A Actions Nuclear Power 0174 Plants in Long-Term Operation Enhanced Security NRC-Rulemaking 3150-12 for Special Nuclear High 2014- N/A 2/8/2006 N/A N/A N/A N/A N/A Actions 3 AJ41 Material 0118 Enhanced Weapons for Spent Fuel Storage NRC-Rulemaking 3150-13 Installations and High 2015- N/A 8/15/2008 7/24/2023 1/31/2024 9/30/2024 1/31/2025 6/30/2026 Actions AJ55 Transportation 0018 Section 161A Authority Enhanced Weapons, Firearms NRC-Rulemaking 3150-14 Background High 2011- N/A 8/8/2005 N/A 3/16/2015 9/22/2015 5/21/2018 2/28/2023 Actions AI49 Checks, and 0018 Security Event Notifications Financial Assurance NRC-Rulemaking Requirements for 3150-15 High 2022- N/A 12/8/2021 1/31/2024 1/31/2025 7/31/2025 1/30/2026 7/30/2026 Actions Category 1 and 2 AK85 0106 Byproduct Material Sealed Sources Increased Enrichment of Conventional and NRC-Rulemaking 3150-16 Accident Tolerant High 2020- N/A 3/16/2022 9/15/2023 12/16/2024 6/16/2025 6/30/2026 12/30/2026 Actions AK79 Fuel Designs for 0034 Light-Water Reactors 3

The Commission issued a staff requirements memorandum (SRM) directing the staff to provide a notation vote paper with a full range of options with respect to this rulemaking activity. (SRM-SECY-19-0095, Staff Requirements - SECY-19-0095- Discontinuation of Rulemaking - Enhanced Security of Special Nuclear Material, dated August 4, 2021, ML21217A065).

FY 2024 Congressional Budget Justification l 92

APPENDIX H

SUMMARY

OF PLANNED RULEMAKING ACTIVITIES Regulatory Proposed Proposed Final Rule Final Associated Rulemaking Item CPR Docket Basis Rule to Rule to Rule Category Title RIN1 PRM Initiation

1. Priority ID Publication Signature Publication Signature Publication Numbers Date Date Authority2 Date2 Authority2 Date2 Independent Spent NRC-Rulemaking Fuel Storage 3150-17 High 2009- PRM-72-6 N/A N/A 1/5/2023 7/5/2023 1/5/2024 7/5/2024 Actions Installation Security AI78 4 0558 Requirements Integrated Low- NRC-Rulemaking 3150-18 Level Radioactive High 2011- N/A 3/18/2009 N/A 11/27/2023 5/27/2024 5/27/2025 11/27/2025 Actions AI92 Waste Disposal 0012 List of Approved Spent Fuel Storage Rulemaking Casks [This is a 19 High N/A N/A N/A N/A N/A N/A N/A N/A N/A Actions placeholder for several annually recurring rules.]

List of Approved Spent Fuel Storage Casks: Holtec International HI- NRC-Rulemaking 3150-20 STORM 100 Cask High 2022- N/A N/A N/A N/A N/A N/A N/A Actions AK89 System, Certificate 0188 of Compliance No.

1014, Amendment No. 17 List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask NRC-Rulemaking 3150-21 System, Certificate High 2022- N/A 5/9/2022 N/A N/A N/A N/A N/A Actions AK86 of Compliance No. 0109 1014, Renewal of Initial Certificate and Amendment Nos. 1 through 15 List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM NRC-Rulemaking Flood/Wind 3150-22 High 2022- N/A 10/14/2022 N/A 12/20/2022 1/6/2023 12/20/2022 1/6/2023 Actions Multipurpose AK88 0181 Canister Storage System, Certificate of Compliance No.

1032, Amendment No. 6 Performance-Based Emergency NRC-Rulemaking Core Cooling 3150- PRM-50-71, 23 High 2008- 3/31/2003 7/31/2008 3/1/2012 3/24/2014 3/16/2016 6/30/2023 Actions System AH42 PRM-50-84 0332 Acceptance Criteria Radioactive Source NRC-Rulemaking 3150-24 Security and High 2022- N/A 12/21/2021 N/A 12/21/2022 3/21/2023 3/29/2024 6/28/2024 Actions AK83 Accountability 0103 Regulatory Improvements for NRC-Rulemaking Production and 3150-25 High 2015- N/A 12/30/2014 11/27/2017 5/7/2018 3/3/2022 10/2/2023 5/6/2024 Actions Utilization Facilities AJ59 0070 Transitioning to Decommissioning 4

The Commission issued an SRM directing the staff to provide a notation vote paper with a full range of options with respect to this rulemaking activity.

(SRM-SECY-19-0100, "Staff Requirements - SECY-19-0100 - Discontinuation of Rulemaking - Independent Spent Fuel Storage Installation Security Requirements," dated August 4, 2021, ML21217A045).

FY 2024 Congressional Budget Justification l 93

APPENDIX H

SUMMARY

OF PLANNED RULEMAKING ACTIVITIES Regulatory Proposed Proposed Final Rule Final Associated Rulemaking Item CPR Docket Basis Rule to Rule to Rule Category Title RIN1 PRM Initiation

1. Priority ID Publication Signature Publication Signature Publication Numbers Date Date Authority2 Date2 Authority2 Date2 Release of Veterinary Animals NRC-Rulemaking 26 Containing High N/A 2021- N/A N/A N/A N/A N/A N/A N/A Actions Byproduct 0027 Materials Renewing Nuclear Power Plant NRC-Rulemaking 3150-27 Operating Licenses High 2018- N/A 4/5/2022 N/A 12/6/2022 2/24/2023 11/30/2023 4/25/2024 Actions AK32

- Environmental 0296 Review5 Revision of Fee NRC-Rulemaking Schedules: Fee 3150-28 High 2021- N/A 1/6/2021 N/A 2/15/2023 3/3/2023 6/8/2023 6/23/2023 Actions Recovery for FY AK58 0024 2023 Revision of Fee NRC-Rulemaking Schedules: Fee 3150-29 High 2022- N/A N/A N/A 1/12/2024 1/25/2024 4/24/2024 5/24/2024 Actions Recovery for FY AK74 0046 2024 Risk-Informed, Technology-Inclusive NRC-Rulemaking 3150-30 Regulatory High 2019- N/A 10/2/2020 N/A 2/28/2023 8/28/2023 12/27/2024 6/27/2025 Actions AK31 Framework for 0062 Advanced Reactors Adjustment of Civil NRC-Rulemaking Penalties for 3150-31 Medium 2022- N/A N/A N/A N/A N/A 1/5/2024 1/15/2024 Actions Inflation for Fiscal AK73 0045 Year 2024 Advance Tribal Notification of NRC-Rulemaking Category 1 3150-32 Medium 2022- N/A 11/8/2022 N/A N/A N/A N/A N/A Actions Quantities of AK90 0191 Radioactive Material Shipments Alternative Physical Security NRC-Rulemaking 3150-33 Requirements for Medium 2017- N/A 11/19/2018 7/16/2019 8/2/2022 6/15/2023 10/19/2023 6/14/2024 Actions AK19 Advanced 0227 Reactors Categorical NRC-Rulemaking Exclusions from 3150-34 Medium 2018- N/A 11/30/2020 N/A 11/14/2022 5/31/2023 7/10/2024 1/31/2025 Actions Environmental AK54 0300 Review Controlled NRC-Rulemaking 3150-35 Unclassified Medium 2019- N/A 1/18/2019 N/A N/A N/A 9/18/2023 10/2/2023 Actions AK30 Information 0060 Cost-Benefit NRC-Rulemaking Analysis for Power 3150-36 Medium 2022- N/A 1/25/2022 N/A 2/28/2023 8/30/2023 8/30/2024 3/28/2025 Actions Reactor Radwaste AK75 0048 Systems Decommissioning Financial Assurance for NRC-Rulemaking 3150-37 Sealed and Medium 2017- N/A 10/13/2020 4/28/2022 7/21/2023 1/22/2024 10/30/2024 4/30/2025 Actions AK52 Unsealed 0031 Radioactive Materials 5

A rulemaking plan was provided to the Commission for review and approval on July 22, 2021 (SECY 21-0066). On February 24, 2022, the Commission disapproved the plan, and directed staff to resubmit a revised plan within 30 days. A revised rulemaking plan was provided to the Commission for review and approval on March 25, 2022 (SECY 22-0024); the Commission approved the staffs plan on April 5, 2022. The Commission subsequently approved the proposed rule and draft Generic Environmental Impact Statement (SECY-22-0109) on January 23, 2023.

FY 2024 Congressional Budget Justification l 94

APPENDIX H

SUMMARY

OF PLANNED RULEMAKING ACTIVITIES Regulatory Proposed Proposed Final Rule Final Associated Rulemaking Item CPR Docket Basis Rule to Rule to Rule Category Title RIN1 PRM Initiation

1. Priority ID Publication Signature Publication Signature Publication Numbers Date Date Authority2 Date2 Authority2 Date2 Definition of Utilization Facility NRC-Rulemaking 38 for Medical Medium N/A 2018- N/A N/A N/A N/A N/A N/A N/A Actions Radioisotope 0299 Facilities Emergency Preparedness Requirements for NRC-Rulemaking 3150-39 Small Modular Medium 2015- N/A 6/22/2016 11/15/2017 10/12/2018 5/12/2020 1/3/2022 7/3/2023 Actions AJ68 Reactors and 0225 Other New Technologies Enhancing the Effectiveness of NRC-Rulemaking 3150-40 Source Security Medium 2015- PRM-37-1 N/A N/A N/A N/A N/A N/A Actions AK82 Physical Protection 0094 Requirements Geologic Repository NRC-Rulemaking Operations Area 3150-41 Medium 2009- N/A N/A 9/17/2040 3/17/2042 9/17/2042 9/17/2043 3/17/2044 Actions (GROA) Fitness- AI38 0089 For-Duty Requirements6 Geologic Repository Operations Area NRC-Rulemaking 3150-42 Security and Medium 2007- N/A N/A 3/16/2040 9/16/2041 3/16/2042 3/16/2043 7/15/2043 Actions AI06 Material Control 0670 and Accounting Requirements7 Groundwater NRC-Rulemaking Protection at 3150-43 Medium 2008- N/A 3/24/2006 N/A 7/22/2021 5/22/2023 9/22/2023 3/29/2024 Actions Uranium In Situ AI40 0421 Recovery Facilities Harmonization of Transportation NRC-Rulemaking 3150-44 Safety Medium 2016- N/A 8/19/2016 4/12/2019 10/30/2020 9/12/2022 2/19/2024 7/19/2024 Actions AJ85 Requirements with 0179 IAEA Standards Implementation of Changes to Reflect NRC-Rulemaking 3150-45 Advanced Reactor Medium 2022- N/A 3/17/2022 N/A N/A N/A N/A N/A Actions AK78 Export Licensing 0072 Considerations Items Containing NRC-Rulemaking Byproduct Material 3150-46 Medium 2015- PRM-30-65 8/13/2012 2/2/2021 1/19/2022 6/27/2022 9/29/2025 12/31/2025 Actions Incidental to AJ54 0017 Production Miscellaneous Administrative Rulemaking [This is a placeholder for Rulemaking 47 one or more rules Medium N/A N/A N/A N/A N/A N/A N/A N/A N/A Actions making administrative or corrective changes to the CFR]

6, 7 This rulemaking activity is currently on hold. The dates listed are temporary placeholders pending an adjudicatory hearing on the DOE license application, which must be completed before a decision could be made whether to authorize construction of a geologic repository for high-level nuclear waste at Yucca Mountain, NV.

FY 2024 Congressional Budget Justification l 95

APPENDIX H

SUMMARY

OF PLANNED RULEMAKING ACTIVITIES Regulatory Proposed Proposed Final Rule Final Associated Rulemaking Item CPR Docket Basis Rule to Rule to Rule Category Title RIN1 PRM Initiation

1. Priority ID Publication Signature Publication Signature Publication Numbers Date Date Authority2 Date2 Authority2 Date2 Miscellaneous NRC-Rulemaking 3150-48 Corrections Rule Medium 2022- N/A 11/15/2022 N/A N/A N/A 4/24/2023 5/24/2023 Actions AK92

[Spring 2023] 0216 Non-power NRC-Rulemaking Production or 3150-49 Medium 2011- N/A 8/26/2009 10/2/2012 4/7/2016 3/30/2017 6/17/2019 8/7/2023 Actions Utilization Facility AI96 0087 License Renewal Renewing Nuclear Power Plant NRC-Rulemaking Operating Licenses 50 Medium N/A 2022- N/A N/A N/A N/A N/A N/A N/A Actions Year 0087 Environmental Regulatory Update Reporting Nuclear NRC-Rulemaking Medicine Injection 3150-51 Medium 2022- N/A 12/12/2022 N/A 3/12/2025 9/12/2025 3/12/2026 9/14/2026 Actions Extravasations as AK91 0218 Medical Events Reporting Requirements for NRC-Rulemaking 3150-52 Nonemergency Medium 2020- N/A 7/28/2021 11/9/2022 5/15/2024 11/15/2024 2/12/2026 8/12/2026 Actions AK71 Events at Nuclear 0036 Power Plants Requirements for Rubidium-82 NRC-Rulemaking 3150-53 Generators and Medium 2018- N/A 1/13/2022 3/13/2023 6/13/2024 12/13/2024 9/12/2025 3/12/2026 Actions AK80 Emerging Medical 0297 Technologies Revision of NRC-Rulemaking 54 Administrative Medium N/A 2018- N/A N/A N/A N/A N/A N/A N/A Actions Requirements 0298 Revision to the NRC-Rulemaking NRC's Acquisition 3150-55 Medium 2014- N/A 6/1/2014 N/A N/A 6/30/2023 N/A N/A Actions Regulation AJ36 0033 (NRCAR)

Revisions to the NRC-Rulemaking Exempt Quantity 56 Medium N/A 2021- N/A N/A N/A N/A N/A N/A N/A Actions Thresholds for 0077 Licensing U.S. Advanced Pressurized Water NRC-Rulemaking 3150-57 Reactor (US- Medium 2010- N/A 2/29/2008 N/A N/A N/A N/A N/A Actions AI83 APWR) Design 0133 Certification Alternatives to the NRC-Rulemaking 3150-58 Use of Credit Low 2017- N/A 9/1/2014 N/A 4/28/2022 1/3/2023 7/31/2023 1/30/2024 Actions AJ92 Ratings 0021 Cost Recovery Criteria for NRC-Rulemaking 59 Research and Low N/A 2020- N/A N/A 1/31/2024 1/31/2025 6/30/2025 4/30/2026 10/30/2026 Actions Development 0071 Utilization Facilities Alternative Method for Calculating NRC-Petition PRM 60 Embrittlement for N/A N/A 2019- N/A N/A N/A N/A N/A N/A Actions 120 Steel Reactor 0180 Vessels Licensing Safety NRC-Petition Analysis for Loss- PRM 61 N/A N/A 2022- N/A N/A N/A N/A N/A N/A Actions of-Coolant 124 0178 Accidents FY 2024 Congressional Budget Justification l 96

APPENDIX H

SUMMARY

OF PLANNED RULEMAKING ACTIVITIES Regulatory Proposed Proposed Final Rule Final Associated Rulemaking Item CPR Docket Basis Rule to Rule to Rule Category Title RIN1 PRM Initiation

1. Priority ID Publication Signature Publication Signature Publication Numbers Date Date Authority2 Date2 Authority2 Date2 Public Protective NRC-Petition Actions During a PRM 62 N/A N/A 2020- N/A N/A N/A N/A N/A N/A Actions General 123 0155 Emergency Voluntary Adoption NRC-Petition of Revised Design PRM 63 N/A N/A 2020- N/A N/A N/A N/A N/A N/A Actions Basis Accident 121 0055 Dose Criteria FY 2024 Congressional Budget Justification l 97

APPENDIX I CONGRESSIONAL STATUS REPORT APPENDIX I CONGRESSIONAL STATUS REPORT The table below provides the status of the U.S. Nuclear Regulatory Commissions (NRC) budget allowance and execution data by control points as of the end of fiscal year (FY) 2022 and the available prior year carryover for allocation.

FY 2024 Congressional Budget Justification l 99

APPENDIX I: CONGRESSIONAL STATUS REPORT FY 2024 Congressional Budget Justification l 100

APPENDIX I: CONGRESSIONAL STATUS REPORT FY 2024 Congressional Budget Justification l 101

APPENDIX J REPORT ON DRUG TESTING APPENDIX J REPORT ON DRUG TESTING The U.S. Congress and the U.S. Department of Health and Human Services (HHS) initially approved the U.S.

Nuclear Regulatory Commissions (NRC) Drug Testing Program in August 1988, and the agency subsequently updated the program in November 1997, August 2007, and December 2021. This report does not cover the NRCs drug testing requirements for the nuclear industry (licensees), as required by agency regulations, which is separate and distinct from this program. The NRCs Drug Testing Program, administered in accordance with Executive Order (EO) 12564, Drug-Free Federal Workplace, dated September 15, 1986, includes random, applicant, voluntary, follow-up, reasonable suspicion, and accident-related drug testing. The NRC initiated testing for nonbargaining-unit employees in November 1988, and in December 1990 for bargaining-unit employees, after negotiating an agreement with the National Treasury Employees Union. On August 25, 2008, the NRC expanded its testing program to include all NRC sensitive positions as designated for testing; therefore, all employees became subject to random drug testing.

During fiscal year (FY) 2022, the NRC temporarily suspended drug testing in April due to increased COVID-19 cases. Pre-employment testing resumed in May 2022. During FY 2022, 660 tests were completed (447 Pre-Employment, 213 Random, 0 Follow-Up and Invalid). There were 2 positive drug test results, 1 Random and 1 Pre-employment.

HHS approved the updated NRC Drug-Free Workplace Plan (Plan) in December 2021. The NRC completed internal quality control reviews and updated the Drug-Free Workplace Manual (Manual). Both the Plan and the Manual were updated to ensure that the agency continues to administer its Drug Testing Program in a fair, confidential, and effective manner, consistent with recommendations identified from an audit performed by the Office of the Inspector General during FY 2020.

The NRCs Drug Testing Program follows the principles and guidance contained in EO 12564, Public Law 100-71, HHS guidelines, and Commission decisions.

FY 2024 Congressional Budget Justification l 103

APPENDIX K

SUMMARY

OF OUTSTANDING U.S. GOVERNMENT ACCOUNTABILITY OFFICE AND INSPECTOR GENERAL RECOMMENDATIONS APPENDIX K

SUMMARY

OF OUTSTANDING U.S. GOVERNMENT ACCOUNTABILITY OFFICE AND INSPECTOR GENERAL RECOMMENDATIONS (AS OF JANUARY 9, 2023)

The table below lists public recommendations to the U.S. Nuclear Regulatory Commission (NRC) that are reported by the U.S. Government Accountability Office (GAO) as open or closed, unimplemented since the NRCs last report, and recommendations reported as open by the NRCs Office of the Inspector General. The recommendations listed below were issued by the respective audit organization on or before February 1, 2022.

Report Report Title Recommendation Text Reported Status/Explanation Number GAO-15-98 Nuclear Regulatory Recommendation 1: To improve the reliability of Open Commission: NRC its cost estimates, as the NRC revises its cost Needs to Improve Its estimating procedures, the NRC Chair should Implementing, staff recommendation Cost Estimates by ensure that the agency aligns the procedures under Commission review.

Incorporating More Best with relevant cost estimating best practices Practices identified in the GAO Cost Estimating and Assessment Guide and ensure that future cost estimates are prepared in accordance with relevant cost estimating best practices.

GAO-16-330 Nuclear Security: NRC Recommendation 1: Because some quantities Open Has Enhanced the of radioactive materials are potentially Controls of Dangerous dangerous to human health if not properly Disagree in part1 Radioactive Materials, handled, the NRC should take action to better but Vulnerabilities track and secure these materials and verify the Implementing, estimated completion Remain legitimacy of the licenses for those who seek to date to be determined pending possess them. Specifically, the NRC should initiation of integrated rulemaking on take the steps needed to include category 3 source security.

sources in the National Source Tracking System and add Agreement State category 3 licenses to the Web-Based Licensing (WBL) system as quickly as reasonably possible.

GAO-16-330 Nuclear Security: NRC Recommendation 2: Because some quantities Open Has Enhanced the of radioactive materials are potentially Controls of Dangerous dangerous to human health if not properly Implementing, estimated completion Radioactive Materials, handled, the NRC should take action to better date to be determined pending but Vulnerabilities track and secure these materials and verify the initiation of integrated rulemaking on Remain legitimacy of the licenses for those who seek to source security.

possess them. Specifically, the NRC should at least until such time that category 3 licenses can be verified using the License Verification System, require that transferors of category 3 quantities of radioactive materials confirm the validity of a would be purchasers radioactive materials license with the appropriate regulatory authority before transferring any category 3 quantities of licensed materials.

FY 2024 Congressional Budget Justification l 105

APPENDIX K

SUMMARY

OF OUTSTANDING U.S. GOVERNMENT ACCOUNTABILITY OFFICE AND INSPECTOR GENERAL RECOMMENDATIONS Report Report Title Recommendation Text Reported Status/Explanation Number GAO-16-330 Nuclear Security: NRC Recommendation 3: Because some quantities of Open Has Enhanced the radioactive materials are potentially dangerous Controls of Dangerous to human health if not properly handled, the Implementing, estimated completion Radioactive Materials, NRC should take action to better track and date to be determined pending but Vulnerabilities secure these materials and verify the legitimacy initiation of integrated rulemaking on Remain of the licenses for those who seek to possess source security.

them. Specifically, the NRC should, as part of the ongoing efforts of NRC working groups meeting to develop enhancements to the prelicensing requirements for category 3 licenses, consider requiring that an onsite security review be conducted for all unknown applicants of category 3 licenses to verify that each applicant is prepared to implement the required security measures before taking possession of licensed radioactive materials.

GAO-19-468 Combating Nuclear Recommendation 1: The Chair of the NRC Open Terrorism: NRC Needs should direct the NRC staff to consider to Take Additional socioeconomic consequences and fatalities from Not implementing.2 Actions to Ensure the evacuations in the criteria for determining what Security of High-Risk security measures should be required for Radioactive Material radioactive materials that could be used in a radiological dispersal device (RDD).

GAO-19-468 Combating Nuclear Recommendation 2: The Chair of the NRC Open Terrorism: NRC Needs should require additional security measures for to Take Additional high-risk quantities of certain category 3 Disagree in part1 Actions to Ensure the radioactive material and assess whether other Security of High-Risk category 3 materials should also be safeguarded Implementing, estimated completion Radioactive Material with additional security measures. date to be determined pending initiation of integrated rulemaking on source security.

GAO-19-468 Combating Nuclear Recommendation 3: The Chair of the NRC Open Terrorism: NRC Needs should require all licensees to implement to Take Additional additional security measures when they have Not implementing.3 Actions to Ensure the multiple quantities of category 3 americium-241 Security of High-Risk at a single facility that in total reach a category Radioactive Material 1 or 2 quantity of material.

GAO-20-129 Information Recommendation 14: The Chair of the NRC Open Technology: Agencies should ensure that the agency fully implements Need to Fully each of the seven key IT workforce planning Implementing, estimated Implement Key activities it did not fully implement. completion 3/31/2025.

Workforce Planning Activities OIG-16-A-16 Audit of NRC's Recommendation 1: Clarify guidance to further Open Decommissioning define legitimate decommissioning activities Funds Program by developing objective criteria for this term. Implementing, estimated completion 05/31/2024.

FY 2024 Congressional Budget Justification l 106

APPENDIX K

SUMMARY

OF OUTSTANDING U.S. GOVERNMENT ACCOUNTABILITY OFFICE AND INSPECTOR GENERAL RECOMMENDATIONS Report Report Title Recommendation Text Reported Status/Explanation Number OIG-16-A-16 Audit of NRC's Recommendation 2: Develop and issue Open Decommissioning clarifying guidance to the NRC staff and Funds Program licensees specifying the instances when an Implementing, estimated exemption is not needed. completion 05/31/2024.

OIG-20-A-06 Independent Evaluation Recommendation 2: Use the fully defined Open of NRCs Information Security Architecture (ISA) to Implementation of the a. Assess enterprise, business Implementing, estimated Federal Information process, and information system completion 06/30/2023.

Security Modernization level risks.

Act (FISMA) of 2014 for Fiscal Year 2019 b. Update the list of high-value assets by considering risks from the supporting business functions and mission impacts.

c. Formally define enterprise, business process, and information system level risk tolerance and appetite levels necessary for prioritizing and guiding risk management decisions.

d. Conduct an organization wide security and privacy risk assessment.

e. Conduct a supply chain risk assessment.

f. Identify and update NRC risk management policies, procedures, and strategy.

OIG-20-A-06 Independent Evaluation Recommendation 4: Perform an assessment Open of NRCs of role- based privacy training gaps.

Implementation of the Implementing, estimated Federal Information completion 09/30/2023.

Security Modernization Act (FISMA) of 2014 for Fiscal Year 2019 OIG-20-A-06 Independent Evaluation Recommendation 5: Identify individuals having Open of NRCs specialized role-based responsibilities for Implementation of the personally identifiable information (PII), or Implementing, estimated Federal Information activities involving PII, and develop role-based completion 06/30/2024.

Security Modernization privacy training for them.

Act (FISMA) of 2014 for Fiscal Year 2019 OIG-20-A-06 Independent Evaluation Recommendation 6: Based on the NRCs supply Open of NRCs chain risk assessment results, complete updates Implementation of the to the NRCs contingency planning policies and Implementing, estimated Federal Information procedures to address supply chain risk. completion 3/31/2023.

Security Modernization Act (FISMA) of 2014 for Fiscal Year 2019 OIG-20-A-06 Independent Evaluation Recommendation 7: Continue efforts to conduct Open of NRCs agency and system level business impact Implementation of the assessments to determine contingency planning Implementing, estimated Federal Information requirements and priorities, including for mission completion 6/30/2023.

Security Modernization essential functions/high- value assets, and Act (FISMA) of 2014 for update contingency planning policies and Fiscal Year 2019 procedures accordingly.

FY 2024 Congressional Budget Justification l 107

APPENDIX K

SUMMARY

OF OUTSTANDING U.S. GOVERNMENT ACCOUNTABILITY OFFICE AND INSPECTOR GENERAL RECOMMENDATIONS Report Report Title Recommendation Text Reported Status/Explanation Number OIG-20-A-17 Audit of the NRCs Recommendation 2: Include the receipt, Open Property Management management, and proper disposal of IT assets Program planned and currently tracked in Remedy within Implementing, estimated the property management program. This may completion 12/31/2023.

include, but is not limited to actions such as

a. Update MD 13.1, Property Management, to designate Remedy as the property tracking system specifically for IT assets.

b. Update MD 13.1 to include the NRC IT Logistics Index policy for inputting IT assets greater than or equal to $2,500, or which contain NRC information or data within the property management program.

c. Specify in the updated MD 13.1 the use of unique identifiers to track and manage those IT assets within the NRC property management program.

d. Specify in the updated MD 13.1 the methods and documentation of periodic inventories using unique identifiers within the NRC property management program.

e. Provide appropriate acquisition information in excess property reporting for IT assets that contain NRC information or data.

f. Ensure IT assets in the property disposal process comply with documenting media sanitation in accordance with National Institute of Standards and Technology Special Publication 800-88, Revision 1, Guidelines for Media Sanitization, issued December 2014.

OIG-20-A-17 Audit of the NRCs Recommendation 4: Limit the regional and the Open Property Management Technical Training Center property item Program assignments to regional property custodians. Implementing, estimated completion 12/31/2023.

OIG-20-A-17 Audit of the NRCs Recommendation 5: Consolidate the Open Property Management notification of stolen NRC property to one Program NRC form. Implementing, estimated completion 12/31/2023.

OIG-20-A-17 Audit of the NRCs Recommendation 6: Digitize the property Open Property Management process to facilitate reconciliation and Program property management workflow. Implementing, estimated completion 12/31/2023.

OIG-20-A-17 Audit of the NRCs Recommendation 7: Self-reassess the risk to Open Property Management the agency for the policy changes of the Program tracking threshold increase and removal of cell Implementing, estimated phones, laptops, and tablets from the sensitive completion 12/31/2023.

items list for loss or theft of property items.

FY 2024 Congressional Budget Justification l 108

APPENDIX K

SUMMARY

OF OUTSTANDING U.S. GOVERNMENT ACCOUNTABILITY OFFICE AND INSPECTOR GENERAL RECOMMENDATIONS Report Report Title Recommendation Text Reported Status/Explanation Number OIG-21-A-05 Independent Evaluation Recommendation 2: Use the fully defined Open of NRCs Information Security Architecture to:

Implementation of the a) Assess enterprise, business process, and Implementing, estimated completion Federal Information information system level risks. 09/30/2024.

Security Modernization b) Update the list of high value assets, if Act (FISMA) of 2014 for necessary, based on reviewing the ISA to Fiscal Year 2020 identify risks from the supporting business functions and mission impacts.

c) If necessary, update enterprise, business process, and information system level risk tolerance and appetite levels necessary for prioritizing and guiding risk management decisions.

d) Conduct an organization wide security and privacy risk assessment and implement a process to capture lessons learned and update risk management policies, procedures, and strategies.

e) Consistently assess the critically of POA&Ms to support why a POA&M is or is not of a high or moderate impact to the Confidentiality, Integrity and Availability (CIA) of the information system, data, and mission.

f) Assess the NRC supply chain risk and fully define performance metrics in service level agreements and procedures to measure, report on, and monitor the risks related to contractor systems and services.

OIG-21-A-05 Independent Evaluation Recommendation 4: Centralize system Open of NRCs privileged and non-privileged user access Implementation of the review, audit log activity monitoring, and Implementing, estimated completion Federal Information management of Personal Identity Verification 03/31/2023.

Security Modernization (PIV) or Identity Assurance Level (IAL)

Act (FISMA) of 2014 for 3/Authenticator Assurance Level (AAL) 3 Fiscal Year 2020 credential access to all the NRC systems (findings noted in bullets 1, 3, and 4 above) by continuing efforts to implement these capabilities using the Splunk QAudit, Sailpoint, and Cyberark automated tools.

OIG-21-A-05 Independent Evaluation Recommendation 5: Update user system access Open of NRCs control procedures to include the requirement for Implementation of the individuals to complete a non-disclosure Implementing, estimated completion Federal Information agreement as part of the clearance waiver 03/31/2023.

Security Modernization process prior to the individual being granted Act (FISMA) of 2014 for access to the NRC systems and information.

Fiscal Year 2020 Also, incorporate the requirement for contractors and employees to complete non-disclosure agreements as part of the agencys on-boarding procedures prior to these individuals being granted access to the NRCs systems and information.

OIG-21-A-05 Independent Evaluation Recommendation 6: Continue efforts to identify Open of NRCs individuals having additional responsibilities for Implementation of the PII or activities involving PII and develop role- Implementing, estimated completion Federal Information based privacy training for them to be completed 12/31/2024.

Security Modernization annually.

Act (FISMA) of 2014 for Fiscal Year 2020 FY 2024 Congressional Budget Justification l 109

APPENDIX K

SUMMARY

OF OUTSTANDING U.S. GOVERNMENT ACCOUNTABILITY OFFICE AND INSPECTOR GENERAL RECOMMENDATIONS Report Report Title Recommendation Text Reported Status/Explanation Number OIG-21-A-05 Independent Evaluation Recommendation 7: Implement the technical Open of NRCs capability to restrict access or not allow access Implementation of the to the NRCs systems until new NRC employees Implementing, estimated completion Federal Information and contractors have completed security 03/31/2023.

Security Modernization awareness training and role-based training as Act (FISMA) of 2014 for applicable.

Fiscal Year 2020 OIG-21-A-05 Independent Evaluation Recommendation 8: Implement the technical Open of NRCs capability to restrict NRC network access for Implementation of the employees who do not complete annual security Implementing, estimated completion Federal Information awareness training and, if applicable, their 03/31/2023.

Security Modernization assigned role-based security training.

Act (FISMA) of 2014 for Fiscal Year 2020 OIG-21-A-05 Independent Evaluation Recommendation 10: Conduct an organizational Open of NRCs level Business Impact Assessment (BIA) to Implementation of the determine contingency planning requirements Implementing, estimated completion Federal Information and priorities, including for mission essential 09/30/2023.

Security Modernization functions/high value assets, and update Act (FISMA) of 2014 for contingency planning policies and procedures Fiscal Year 2020 accordingly.

OIG-21-A-05 Independent Evaluation Recommendation 11: For low availability Open of NRCs categorized systems complete an initial BIA and Implementation of the update the BIA whenever a major change Implementing, estimated completion Federal Information occurs to the system or mission that it supports. 09/30/2023.

Security Modernization Address any necessary updates to the system Act (FISMA) of 2014 for contingency plan based on the completion of or Fiscal Year 2020 updates to the system level BIA.

OIG-21-A-05 Independent Evaluation Recommendation 12: Integrate metrics for Open of NRCs measuring the effectiveness of information Implementation of the system contingency plans with information on Implementing, estimated completion Federal Information the effectiveness of related plans, such as 12/31/2023.

Security Modernization organization and business process continuity, Act (FISMA) of 2014 for disaster recovery, incident management, insider Fiscal Year 2020 threat implementation, and occupant emergency plans, as appropriate, to deliver persistent situational awareness across the organization.

OIG-21-A-05 Independent Evaluation Recommendation 13: Implement automated Open of NRCs mechanisms to test system contingency plans, Implementation of the then update and implement procedures to Implementing, estimated completion Federal Information coordinate contingency plan testing with 12/31/2023.

Security Modernization Information Communication Technology supply Act (FISMA) of 2014 for chain providers and implement an automated Fiscal Year 2020 mechanism to test system contingency plans.

OIG-21-A-14 Audit of the NRC's Recommendation 1: Improve process controls to Open Oversight of the ensure all annual reviews of decommissioning Adequacy of status reports are complete and have undergone Implementing, estimated completion Decommissioning Trust the review process. 3/31/2023.

Funds FY 2024 Congressional Budget Justification l 110

APPENDIX K

SUMMARY

OF OUTSTANDING U.S. GOVERNMENT ACCOUNTABILITY OFFICE AND INSPECTOR GENERAL RECOMMENDATIONS Report Report Title Recommendation Text Reported Status/Explanation Number OIG-21-A-14 Audit of the NRC's Recommendation 2: Update LIC-205 to clarify Open Oversight of the DFS report reviewer roles and responsibilities, Adequacy of procedures for closeout letters, and procedures Implementing, estimated completion Decommissioning Trust for tracking DFS report analyses 3/31/2023.

Funds OIG-21-A-14 Audit of the NRC's Recommendation 4: Periodically assess, Open Oversight of the through communication with cognizant Adequacy of regulators or by other means, trustee Implementation completeauditor Decommissioning Trust compliance with the master trust fund validation pending.

Funds agreements in accordance with investment restrictions in 10 CFR 50.75.

OIG-21-A-15 Audit of COVID-19s Recommendation 1: Revise NRC materials and Open Impact on Nuclear waste inspection guidance to include Materials and Waste instructions on how to respond to prolonged Implementing, estimated completion Oversight work disruptions, including those that result in 04/30/2023.

required maximum telework or a lack of access to inspection sites.

OIG-21-A-16 Audit of the NRC's Recommendation 1: Develop and implement a Open Implementation of the process to periodically communicate a Enterprise Risk consistently understood agency risk appetite. Implementing, estimated completion Management Process 09/29/2023.

OIG-21-A-16 Audit of the NRC's Recommendation 2: Revise agency policies and Open Implementation of the guidance to:

Enterprise Risk a. Designate the official agency risk profile Implementing, estimated completion Management Process document and remove references to it as a 09/29/2023.

U.S. Office of Management and Budget (OMB) deliverable in Management Directive 4.4, Enterprise Risk Management and Internal Control and Office of the Executive Director for Operations Procedure 0960, Enterprise Risk Management Reporting Instructions.

b. Fully address the risk profile components and elements in accordance with OMB Circular A-123, Managements Responsibility for Enterprise Risk Management and Internal Control.

OIG-21-A-16 Audit of the NRC's Recommendation 3: Implement an enterprise Open Implementation of the risk management maturity model approach by Enterprise Risk selecting an appropriate model, assessing Implementing, estimated completion Management Process current practices per the model, and making 09/29/2023.

progress in advancing the model FY 2024 Congressional Budget Justification l 111

APPENDIX K

SUMMARY

OF OUTSTANDING U.S. GOVERNMENT ACCOUNTABILITY OFFICE AND INSPECTOR GENERAL RECOMMENDATIONS Report Report Title Recommendation Text Reported Status/Explanation Number OIG-21-A-16 Audit of the NRC's Recommendation 4: Establish and monitor Open Implementation of the implementation of procedures to ensure that Enterprise Risk Quarterly Performance Review (QPR) practices Implementing, estimated completion Management Process are fully performed, such as completion of the 09/29/2023.

QPR Dashboard entries, and recordation of all management decisions of risk in the QPR meeting summaries and the Executive Committee on Enterprise Risk Management meeting minutes OIG-21-A-16 Audit of the NRC's Recommendation 5: Reconcile the business Open Implementation of the lines structure with the Office of the Chief Enterprise Risk Financial Officer to have a common business Implementing, estimated completion Management Process lines structure list. (Deviations from the common 09/29/2023.

business lines structure list for either the Quarterly Performance Review or reasonable assurance processes may be clarified with applicable justification noted).

OIG-21-A-16 Audit of the NRC's Recommendation 6: Update policies and Open Implementation of the guidance to address Management Directive 4.4, Enterprise Risk Enterprise Risk Management and Internal Implementing, estimated completion Management Process Control, and Management Directive 6.9, 09/29/2023.

Performance Management, links to the Quarterly Performance Review (QPR) and reasonable assurance processes to accurately reflect that both agency processes address different aspects of enterprise risk management (ERM).

This includes, but is not limited to:

a. Updating Management Directive 6.9 for the expanded risk responsibilities added to the QPR process;

b. Explaining the role of the Programmatic Senior Assessment Team (PSAT) in the QPR process in Management Directive 6.9;

c. Specifying the Executive Committee on ERM (ECERM) role in decision-making of PSAT risks and ECERM focus areas in Management Directive 4.4;

d. Cross-referencing Management Directive 4.4 to Management Directive 6.9 to clearly show that ERM implementation activities through the QPR process eventually lead to the ERM focus areas and the reporting of ERM in the Integrity Act statement; and,

e. Including Management Directive 4.4 and Office of the Executive Director for Operations (OEDO)

Procedure - 0960 in Management Directive 6.9,Section VI. References.

FY 2024 Congressional Budget Justification l 112

APPENDIX K

SUMMARY

OF OUTSTANDING U.S. GOVERNMENT ACCOUNTABILITY OFFICE AND INSPECTOR GENERAL RECOMMENDATIONS Report Report Title Recommendation Text Reported Status/Explanation Number OIG-21-A-16 Audit of the NRC's Recommendation 7: Update policies and Open Implementation of the guidance to clarify the effective date of the Enterprise Risk quarterly risks in the Quarterly Performance Implementing, estimated completion Management Process Review (QPR) process. 09/29/2023.

OIG-21-A-16 Audit of the NRC's Recommendation 8: Require enterprise risk Open Implementation of the management-specific training that addresses Enterprise Risk U.S. Office of Management and Budget Circular Implementing, estimated completion Management Process A-123, Management's Responsibility for 09/29/2023.

Enterprise Risk Management and Internal Control requirements and current best practices, and periodically provide them to NRC personnel with ERM responsibilities.

OIG-22-A-04 Independent Evaluation Recommendation 1: Reconcile mission priorities Open of NRCs and cybersecurity requirements into profiles to Implementation of the inform the prioritization and tailoring of controls Implementing, estimated completion Federal Information (e.g., High Value Asset (HVA) control overlays) 03/31/2023.

Security Modernization to support the risk-based allocation of resources Act (FISMA) of 2014 for to protect the NRC's identified Agency level Fiscal Year 2021 and/or National level HVAs.

OIG-22-A-04 Independent Evaluation Recommendation 2: Continue current Agencys Open of NRCs efforts to update the Agencys cybersecurity risk Implementation of the register to (i) aggregate security risks, (ii) Implementing, estimated completion Federal Information normalize cybersecurity risk information across 12/31/2023.

Security Modernization organizational units, and (iii) prioritize Act (FISMA) of 2014 for operational risk response.

Fiscal Year 2021 OIG-22-A-04 Independent Evaluation Recommendation 3: Update procedures to Open of NRCs include assessing the impacts to the Implementation of the organizations ISA prior to introducing new Implementing, estimated completion Federal Information information systems or major system changes 09/30/2025.

Security Modernization into the Agencys environment.

Act (FISMA) of 2014 for Fiscal Year 2021 OIG-22-A-04 Independent Evaluation Recommendation 4: Develop and implement Open of NRCs procedures in the POA&M process to include Implementation of the mechanisms for prioritizing completion and Implementing, estimated completion Federal Information incorporating this as part of documenting a 12/31/2023.

Security Modernization justification and approval for delayed POA&Ms.

Act (FISMA) of 2014 for Fiscal Year 2021 OIG-22-A-04 Independent Evaluation Recommendation 5: Assess the NRC supply Open of NRCs chain risk and fully define performance metrics Implementation of the in service level agreements and procedures to Implementing, estimated completion Federal Information measure, report on, and monitor the risks 06/30/2023.

Security Modernization related to contractor systems and services.

Act (FISMA) of 2014 for Fiscal Year 2021 OIG-22-A-04 Independent Evaluation Recommendation 6: Document and implement Open of NRCs policies and procedures for prioritizing externally Implementation of the provided systems and services or a risk-based Implementing, estimated completion Federal Information process for evaluating cyber supply chain risks 06/30/2023.

Security Modernization associated with third party providers.

Act (FISMA) of 2014 for Fiscal Year 2021 FY 2024 Congressional Budget Justification l 113

APPENDIX K

SUMMARY

OF OUTSTANDING U.S. GOVERNMENT ACCOUNTABILITY OFFICE AND INSPECTOR GENERAL RECOMMENDATIONS Report Report Title Recommendation Text Reported Status/Explanation Number OIG-22-A-04 Independent Evaluation Recommendation 7: Implement processes for Open of NRCs continuous monitoring and scanning of Implementation of the counterfeit components to include configuration Implementing, estimated completion Federal Information control over system components awaiting 09/30/2023.

Security Modernization service or repair and serviced or repaired Act (FISMA) of 2014 for components awaiting return to service.

Fiscal Year 2021 OIG-22-A-04 Independent Evaluation Recommendation 8: Develop and implement Open of NRCs role-based training with those who hold supply Implementation of the chain risk management roles and responsibilities Implementing, estimated completion Federal Information to detect counterfeit system components. 12/31/2023.

Security Modernization Act (FISMA) of 2014 for Fiscal Year 2021 OIG-22-A-04 Independent Evaluation Recommendation 10: Centralize system Open of NRCs privileged and non-privileged user access Implementation of the review, audit log activity monitoring, and Implementation completeauditor Federal Information management of Personal Identity Verification validation pending.

Security Modernization (PIV) or Identity Assurance Level (IAL)

Act (FISMA) of 2014 for 3/Authenticator Assurance Level (AAL) 3 Fiscal Year 2021 credential access to all NRC systems (findings noted in bullets a, and c, above) by continuing efforts to implement these capabilities using the Splunk QAudit, SailPoint, and CyberArk automated tools.

OIG-22-A-04 Independent Evaluation Recommendation 11: Update user system Open of NRCs access control procedures to include the Implementation of the requirement for individuals to complete a non- Implementation completeauditor Federal Information disclosure and rules of behavior agreements validation pending.

Security Modernization prior to the individual being granted access to Act (FISMA) of 2014 for NRC systems and information.

Fiscal Year 2021 OIG-22-A-04 Independent Evaluation Recommendation 12: Conduct an independent Open of NRCs review or assessment of the NRC privacy Implementation of the program and use the results of these reviews to Implementing, estimated completion Federal Information periodically update the privacy program. 03/31/2023.

Security Modernization Act (FISMA) of 2014 for Fiscal Year 2021 OIG-22-A-04 Independent Evaluation Recommendation 13: Implement the technical Open of NRCs capability to restrict access or not allow access Implementation of the to the NRCs systems until new NRC employees Implementing, estimated completion Federal Information and contractors have completed security 06/30/2023.

Security Modernization awareness training and role-based training as Act (FISMA) of 2014 for applicable or implement the technical capability Fiscal Year 2021 to capture NRC employees and contractors initial login date so that the required cybersecurity awareness and role-based training can be accurately tracked and managed by the current process in place.

OIG-22-A-04 Independent Evaluation Recommendation 14: Implement the technical Open of NRCs capability to restrict NRC network access for Implementation of the employees who do not complete annual security Implementing, estimated completion Federal Information awareness training and, if applicable, their 06/30/2023.

Security Modernization assigned role-based security training.

Act (FISMA) of 2014 for Fiscal Year 2021 FY 2024 Congressional Budget Justification l 114

APPENDIX K

SUMMARY

OF OUTSTANDING U.S. GOVERNMENT ACCOUNTABILITY OFFICE AND INSPECTOR GENERAL RECOMMENDATIONS Report Report Title Recommendation Text Reported Status/Explanation Number OIG-22-A-04 Independent Evaluation Recommendation 15: Implement metrics to Open of NRCs measure and reduce the time it takes to Implementation of the investigate an event and declare it as a Implementation completeauditor Federal Information reportable or non-reportable incident to US- validation pending.

Security Modernization CERT.

Act (FISMA) of 2014 for Fiscal Year 2021 OIG-22-A-04 Independent Evaluation Recommendation 16: Conduct an organizational Open of NRCs level BIA to determine contingency planning Implementation of the requirements and priorities, including for mission Implementing, estimated completion Federal Information essential functions/high value assets, and 06/30/2023.

Security Modernization update contingency planning policies and Act (FISMA) of 2014 for procedures accordingly.

Fiscal Year 2021 OIG-22-A-04 Independent Evaluation Recommendation 17: Integrate metrics for Open of NRCs measuring the effectiveness of information Implementation of the system contingency plans with information on Implementing, estimated completion Federal Information the effectiveness of related plans, such as 09/30/2023.

Security Modernization organization and business process continuity, Act (FISMA) of 2014 for disaster recovery, incident management, insider Fiscal Year 2021 threat implementation, and occupant emergency plans, as appropriate, to deliver persistent situational awareness across the organization.

OIG-22-A-04 Independent Evaluation Recommendation 18: Update and implement Open of NRCs procedures to coordinate contingency plan Implementation of the testing with Information Communication Implementing, estimated completion Federal Information Technology (ICT) supply chain providers. 09/30/2023.

Security Modernization Act (FISMA) of 2014 for Fiscal Year 2021 OIG-22-A-05 Audit of the NRC's Recommendation 1: Update agency guidance to Open Permanent Change of fully reflect and comply with federal guidance.

Station Program Implementing, estimated completion 06/30/2023.

OIG-22-A-05 Audit of the NRC's Recommendation 3: Develop and implement a Open Permanent Change of policy to periodically review relocation guidance Station Program to ensure the full compliance with federal Implementation completeauditor guidance and alignment with current agency validation pending practices.

Notes:

1. The Commission has approved rulemaking to require safety and security equipment to be in place before granting a license for an unknown entity, clarify license verification methods for transfers involving quantities of radioactive material that are below Category 2 thresholds, and require that licensees transferring Category 3 quantities of radioactive material verify licenses through the License Verification System or the regulatory authority (SRM-SECY-17-0083; Agencywide Documents Access and Management System (ADAMS) Accession No. ML21355A290). The NRC staff is developing an integrated rulemaking plan to address these and other issues related to source security and will provide it for Commission consideration in 2022. The NRC determined that it was not necessary based on FY 2024 Congressional Budget Justification l 115

APPENDIX K

SUMMARY

OF OUTSTANDING U.S. GOVERNMENT ACCOUNTABILITY OFFICE AND INSPECTOR GENERAL RECOMMENDATIONS safety and security to add a requirement to include Category 3 sources in the National Source Tracking System or to add security requirements to prevent aggregation of Category 3 sources to a Category 2 quantity of radioactive material.

2. As stated in the NRC Chairs March 24, 2020, letter to Congress (ADAMS Accession No. ML20052D881), The NRC disagrees with this recommendation and maintains that the current regulatory requirements provide for the safe and secure use of radioactive materials, regardless of category. The NRC has encouraged GAO to consider the conclusions of the Radiation Source Protection and Security Task Force (Task Force), which is comprised of independent experts from 14 Federal agencies and one State organization and whose reports represent the coordinated Federal consensus on source security in the United States. The Task Force has determined both the isotopes and activity thresholds appropriate for enhanced security and concluded that current measures for the security and control of radioactive sources are appropriately protective of risk-significant quantities of radioactive material . . . Further, the Task Force found that there are no significant gaps in the area of radioactive source protection and security that are not already being addressed. . . GAO also considers postulated fatalities that could occur during evacuations in response to the use of an RDD as part of its basis for recommending increased security measures for radioactive materials. However, the recommended protective action strategy in response to an RDD would be to shelter in place. The NRC will continue to participate in the wider ongoing efforts in the United States both to educate the public on appropriate responses to emergency situations and to maintain capabilities to mitigate adverse consequences of the misuse of radioactive materials.

3. As stated in the NRC Chairs March 24, 2020, letter to Congress (ADAMS Accession No. ML20052D881), The NRC disagrees with the recommendation that additional action is warranted in this area in order to provide adequate protection. The NRC has taken several actions related to the aggregation of sources, including evaluating inspection experience and reviewing reported incidents of loss and theft. The NRC has concluded that current regulations, which require additional security controls when lower category discrete sources are aggregated, are sufficiently protective. The NRCs ongoing actions to revise procedures for regulatory staff and guidance for licensees to prevent aggregation without appropriate security controls will further ensure safety and security for facilities where this situation may occur.

FY 2024 Congressional Budget Justification l 116

APPENDIX L CUSTOMER EXPERIENCE (CX) AND DIGITAL SERVICE DELIVERY APPENDIX L CUSTOMER EXPERIENCE (CX) AND DIGITAL SERVICE DELIVERY The agency leverages OMBs Customer Experience (CX) framework to manage customer experience and improve service delivery for the agencys Information Technology/Information Management customers. This includes a CX Advisory Board that allows for in depth qualitative feedback paired with detailed monthly metrics to implement continuous service improvement. The NRC has been progressively implementing the 21st Century Integrated Digital Experience Act requirements. The table below provides the status on each of the eight items, as well as the cost associated with completing each item. Four of the items have been completed, one is scheduled for completion in fiscal year (FY) 2023, and the final three will be initiated in FY 2024, for a total cost of approximately $1.3 million.

For the table below, the cost equals the planned FY 2023 and FY 2024 budgeted cost.

6 6 Table is based on current assumptions of staffing, resources, and technology roadmap.

FY 2024 Congressional Budget Justification l 117

APPENDIX M GLOSSARY APPENDIX M GLOSSARY Actuals Obligations against budget authority for salaries and benefits, contract support, and travel. Obligations are legally binding agreements that will result in an outlay of funds.

Agency Support Agency support costs are located in executive, administrative, and other support offices such as the Office of the Commission, the Office of the Secretary, the Office of the Executive Director for Operations, the Office of Congressional Affairs, the Office of Public Affairs, the Office of the Inspector General, the Office of Administration, the Office of the Chief Financial Officer, the Office of the Chief Information Officer, the Office of the Chief Human Capital Officer, and the Office of Small Business and Civil Rights. These budgeted costs administer the corporate or shared efforts that more broadly support the activities of the agency. These activities also include information technology services, human capital services, financial management, and administrative support.

Authorized Prior Year Carryover Unobligated carryover amount from prior fiscal year appropriations that has been authorized for use by Congress during the current fiscal year. This amount is identified in the Joint Explanatory Statement accompanying NRCs appropriation act.

Budget Authority Authority provided by law to incur financial obligations that will result in outlays. The U.S. Nuclear Regulatory Commission (NRC) budget authority is provided by appropriations and reimbursable budget authority.

References to budget authority in this Congressional Budget Justification are to appropriations.

Corporate Support A set of centrally managed overhead activities that are necessary for the NRC staff and agency programs to achieve mission goals. It includes both general administrative overhead (e.g., facilities management, information technology, financial management, and human resource management) and agency policy support, including the Commission.

Discretionary Prior Year Carryover Unobligated carryover amount from prior fiscal year appropriations allocated for use by the agency during the current fiscal year.

Excluded Activities Activities identified by the Commission and other specific activities excluded from fee recovery. Under Section 102(b)(1)(B) of Public Law 115-439, Nuclear Energy Innovation and Modernization Act, (NEIMA) excluded activities include fee-relief activities identified by the Commission, Generic Homeland Security, Waste Incidental to Reprocessing, Nuclear Waste Fund, Advanced Reactors Regulatory Infrastructure, Office of the Inspector General services for the Defense Nuclear Facilities Safety Board, and the Integrated University Program.

Fee-Relief Activities identified by the Commission include Agreement State oversight, regulatory support to Agreement States, medical isotope production infrastructure, fee exemption for non-profit educational institutions, generic decommissioning/ reclamation, uranium recovery program and unregistered general licensees, potential activities under the U.S. Department of Defense Remediation Program memorandum of understanding (military radium-226), non-military radium sites, international activities, and minority serving institution grants.

FY 2024 Congressional Budget Justification l 119

APPENDIX M GLOSSARY Full Cost Total resources used to produce outputs under a major program business line. The full cost of a business line is the sum of (1) the cost of direct resources within the business line, (2) the cost of mission-indirect resources within the business line, and (3) a proportional share of corporate support costs budgeted at the agency level.

Full-Time Equivalent Basic measure of the levels of employment used in the budget. It is the total number of hours worked (or to be worked) divided by the number of compensable hours applicable to each fiscal year.

Generic Homeland Security Security-related activities related to intergovernmental coordination and communication on intelligence, threat demographic data, and information security activities not related to information technology. Activities also include the coordination and exchange of information among local, State, and Federal agencies on security-related matters, as well as international activities involving reviews of security-related matters.

Major Program An organized set of functions, processes, and activities directed toward execution of a major element of the agencys mission and the achievement of related strategic goals and objectives. The NRCs two major programs are Nuclear Reactor Safety and Nuclear Materials and Waste Safety.

Major Program Business Line (Business Line)

A class of functions, processes, and activities that implement a significant component of a major program. The Nuclear Reactor Safety Program is implemented through the Operating Reactors and New Reactors Business Lines. The Nuclear Materials and Waste Safety Program is implemented through the Fuel Facilities, Nuclear Materials Users, Decommissioning and Low-Level Waste, and Spent Fuel Storage and Transportation Business Lines.

Mission Support Supervisory and nonsupervisory support for the core work activities of the program offices and the regions.

Budgeted within the major program business lines in the Mission Support and Supervisors Product Line.

Net Budget Authority (Net Appropriated)

The NRCs remaining budget authority after its appropriations are offset by fees collected. Represents the portion of appropriations that are funded from the general fund of the U.S. Treasury and the Nuclear Waste Fund.

Nonfee-Recoverable Items NRC activities that are funded from appropriations excluded from fee recovery by 42 USC 2214 (Section 6101 of the Omnibus Budget Reconciliation Act of 1990) and NRC appropriations language.

Product Line Categories of agency work functions performed under a business line.

Reimbursable Budget Authority Budget authority provided by funds from other Federal agencies and receipts from non-Federal organizations.

This authority represents additional funding in excess of the NRCs directly appropriated funds.

FY 2024 Congressional Budget Justification l 120

APPENDIX M GLOSSARY Requested Activity Under Section 3(10) of NEIMA, a requested activity is defined as the processing of applications for (1) design certifications or approvals, (2) licenses, (3) permits, (4) license amendments, (5) license renewals, (6) certificates of compliance, (7) power uprates, and (8) any other activity requested by a licensee or applicant.

Salaries and Benefits Resources budgeted for the cost of government personnel. Includes salaries and wages; awards; the agencys share of retirement contributions, benefits, and payroll taxes; and other personnel costs such as incentive and terminal leave payments.

FY 2024 Congressional Budget Justification l 121

APPENDIX N ABBREVIATION AND ACRONYM LIST APPENDIX N ABBREVIATION AND ACRONYM LIST 10 CFR: Title 10 of the Code of Federal Regulations 3WFN: Three White Flint North ADAMS: Agencywide Documents Access and Management System AEA: Atomic Energy Act of 1954, as amended AEC: Atomic Energy Commission AI: Artificial Intelligence ANLWR: Advanced Non-Light Water Reactor APWR: Advanced Pressurized Water Reactor ATF: Accident Tolerant Fuel BL: Business Line CIO: Chief Information Officer COL: Combined License CP: Construction Permit CX: Customer Experience DC: Design Certification DLLW: Decommissioning and Low-Level Waste DME: Development, Modernization and Enhancement DNFSB: Defense Nuclear Facilities Safety Board DOE: U.S. Department of Energy EDO: Executive Director for Operations ESP: Early Site Permit FISMA: Federal Information Security Management Act FITARA: Federal Information Technology Acquisition Reform Act FTE: Full-Time Equivalent FY: Fiscal Year FY 2024 Congressional Budget Justification l 123

APPENDIX N ABBREVIATION AND ACRONYM LIST GAO: U.S. Government Accountability Office IAEA: International Atomic Energy Agency IM: Information Management IMPEP: Integrated Materials Performance Evaluation Program IRRS: Integrated Regulatory Review Service ISFSI: Interim Spent Fuel Storage Installation IT: Information Technology LER: Licensee Event Report LWR: Light-Water Reactor NEIMA: Nuclear Energy Innovation and Modernization Act NMIP: Nuclear Materials Information Program NPUF: Non-power Production or Utilization Facility NRC: U.S. Nuclear Regulatory Commission NSTS: National Source Tracking System O&M: Operations and Maintenance OIG: Office of the Inspector General OL: Operating License OMB: Office of Management and Budget PL: Public Law ROP: Reactor Oversight Process S&E: Salaries and Expenses SDA: Standard Design Approval SECY: Secretary of the Commission SMR: Small Modular Reactor SNM: Special Nuclear Material SRM: Staff Requirements Memorandum FY 2024 Congressional Budget Justification l 124

APPENDIX N ABBREVIATION AND ACRONYM LIST SWP: Strategic Workforce Plan UMTRCA: Uranium Mill Tailings Radiation Control Act UNLP: University Nuclear Leadership Program U.S.: United States USC: United States Code WBL: Web-Based Licensing WIR: Waste Incidental to Reprocessing FY 2024 Congressional Budget Justification l 125

NRC FORM 335 U.S. NUCLEAR REGULATORY COMMISSION 1. REPORT NUMBER (12-2010) (Assigned by NRC, Add Vol., Supp.,

NRCMD 3.7 Rev., and Addendum Numbers, if any.)

BIBLIOGRAPHIC DATA SHEET (See instructions on the reverse)

NUREG-1100, Volume 39

2. TITLE AND SUBTITLE 3. DATE REPORT PUBLISHED United States Nuclear Regulatory Commission MONTH YEAR Congressional Budget Justification Fiscal Year 2024 March 2023

4. FIN OR GRANT NUMBER

6. TYPE OF REPORT

5. AUTHOR(S)

Theavy Richmond, et. al.

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8. PERFORMING ORGANIZATION - NAME AND ADDRESS (If NRC, provide Division, Office or Region, U. S. Nuclear Regulatory Commission, and mailing address; if contractor, provide name and mailing address.)

Division of Budget Office of the Chief Financial Officer U.S. Nuclear Regulatory Commission Washington, DC 20555

9. SPONSORING ORGANIZATION - NAME AND ADDRESS (If NRC, type "Same as above", if contractor, provide NRC Division, Office or Region, U. S. Nuclear Regulatory Commission, and mailing address.)

10. SUPPLEMENTARY NOTES

11. ABSTRACT (200 words or less)

The U.S. Nuclear Regulatory Commission's performance plan sets annual goals with measurable target levels of performance and is issued each year with the agency's Congressional Budget Justification

12. KEY WORDS/DESCRIPTORS (List words or phrases that will assist researchers in locating the report). 13. AVAILABILITY STATEMENT unlimited FY 2024 CBJ 14. SECURITY CLASSIFICATION FY 2024 Green Book (This Page)

FY 2024 Congressional Budget Justification unclassified (This Report) unclassified

15. NUMBER OF PAGES

16. PRICE NRC FORM 335 (12-2010)

United States Nuclear Regulatory Commission Office of the Chief Financial Officer NUREG-1100, Volume 39 March 2023

NUREG-1100, Vol. 39 CONGRESSIONAL BUDGET JUSTIFICATION FISCAL YEAR 2024 March 2023