ML17313A419

Fiscal Year 2018 Proposed Fee Rule

ML17313A419
Person / Time
Issue date:	01/10/2018
From:	Maureen Wylie NRC/OCFO
To:
Kaplan M
References
NRC-2017-0026, RIN 3150-AJ95
Download: ML17313A419 (64)

Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION 10 CFR Parts 170 and 171

[NRC-2017-0026]

RIN 3150-AJ95 Revision of Fee Schedules; Fee Recovery for Fiscal Year 2018 AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend the licensing, inspection, special project, and annual fees charged to its applicants and licensees.

These proposed amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990, as amended (OBRA-90), which requires the NRC to recover approximately 90 percent of its annual budget through fees; amounts appropriated for Waste Incidental to Reprocessing (WIR), generic homeland security activities, and Inspector General (IG) services for the Defense Nuclear Facilities Safety Board, as well as any amounts appropriated from the Nuclear Waste Fund, are excluded from this fee-recovery requirement. The NRC is issuing the fiscal year (FY) 2018 proposed fee rule based on the FY 2018 budget request since full-year appropriations have not yet been enacted for FY 2018. The NRC is using $967.0 million for the total budget authority in the proposed fee rule because it has included an adjustment to account for funding of $15.0 million for the Integrated University Program, which was not included in the budget request, but has historically been included by Congress in the final appropriations bill.

Based on that total budget authority, the NRC is proposing to collect $826.7 million in fees in FY 2018. If the NRC receives an appropriation providing a different total budget authority, the final fee rule will reflect the final appropriation.

DATES: Submit comments by [INSERT DATE THAT IS 30 DAYS AFTER THE DATE OF PUBLICATION IN THE FEDERAL REGISTER]. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date. Because OBRA-90 requires the NRC to collect the FY 2018 fees by September 30, 2018, the NRC will not grant any requests for an extension of the comment period.

ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject):

• Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0026. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; e-mail: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this proposed rule.

• E-mail comments to: Rulemaking.Comments@nrc.gov. If you do not receive an automatic e-mail reply confirming receipt, then contact us at 301-415-1677.

• Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301-415-1101.

• Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.

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• Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301-415-1677.

For additional direction on obtaining information and submitting comments, see Obtaining Information and Submitting Comments in the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Michele Kaplan, Office of the Chief Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone:

301-415-5256; e-mail: Michele.Kaplan@nrc.gov.

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SUPPLEMENTARY INFORMATION:

TABLE OF CONTENTS:

I. Obtaining Information and Submitting Comments II. Background; Statutory Authority III. Discussion IV. Regulatory Flexibility Certification V. Regulatory Analysis VI. Backfitting and Issue Finality VII. Plain Writing VIII. National Environmental Policy Act IX. Paperwork Reduction Act Public Protection Notification X. Voluntary Consensus Standards XI. Availability of Guidance XII. Public Meeting XIII. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2017-0026 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:

• Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0026.

• NRCs Agencywide Documents Access and Management System (ADAMS):

You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ADAMS Public Documents and then select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209 or 301-415-4737, or by e-mail to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the 4

first time that a document is referenced. For the convenience of the reader, the ADAMS accession numbers are also provided in a table in the Availability of Documents section of this document.

• NRCs PDR: You may examine and purchase copies of public documents at the NRCs PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments Please include Docket ID NRC-2017-0026 in the subject line of your comment submission in order to ensure that the NRC is able to make your comment submission publicly available in this docket.

The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.

If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submissions. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.

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II. Background; Statutory Authority The NRCs fee regulations are primarily governed by two laws: 1) the Independent Offices Appropriation Act, 1952 (IOAA) (31 U.S.C. 9701), and 2) OBRA-90 (42 U.S.C. 2214).

The IOAA generally authorizes and encourages Federal regulatory agencies to recoverto the fullest extent possiblecosts attributable to services provided to identifiable recipients. The OBRA-90 requires the NRC to recover approximately 90 percent of its budget authority for the fiscal year through fees; amounts appropriated for WIR, generic homeland security activities, and IG services for the Defense Nuclear Facilities Safety Board, as well as any amounts appropriated from the Nuclear Waste Fund, are excluded from this fee-recovery requirement.

The OBRA-90 first requires the NRC to use its IOAA authority to collect service fees for NRC work that provides specific benefits to identifiable applicants and licensees (such as licensing work, inspections, and special projects). The regulations at part 170 of title 10 of the Code of Federal Regulations (10 CFR) authorize these fees. But, because the NRCs fee recovery under the IOAA (10 CFR part 170) does not equal 90 percent of the NRCs budget authority for the fiscal year, the NRC also assesses annual fees under 10 CFR part 171 to recover the remaining amount necessary to meet OBRA-90s fee-recovery requirement. These annual fees recover costs that are not otherwise collected through 10 CFR part 170.

III. Discussion FY 2018 Fee Collection Overview The NRC is issuing the FY 2018 proposed fee rule based on the FY 2018 budget request as further described in the NRCs FY 2018 Congressional Budget Justification (CBJ)

(NUREG-1100, Volume 33, ADAMS Accession No. ML17137A246), as adjusted, because full-year appropriations have not yet been enacted for FY 2018. The total budget requested for the NRC in FY 2018 is $952.0 million. The amount used for total budget authority in the proposed 6

fee rule ($967.0 million) includes an adjustment for an additional $15.0 million for the NRCs Integrated University Program, which was not included in the budget request, but has historically been included by Congress in the final appropriations bill. The total budget authority used in the proposed fee rule represents an increase of $49.9 million from FY 2017 of which

$30.0 million is from the Nuclear Waste Fund. As explained previously, certain portions of the NRCs total budget are excluded from OBRA-90s fee-recovery requirement. Based on the FY 2018 budget request, these exclusions total to $47.6 million, consisting of $30.0 million from the Nuclear Waste Fund, $1.3 million for WIR activities, $1.1 million for IG services for the Defense Nuclear Facilities Safety Board, and $15.2 million for generic homeland security activities. Additionally, OBRA-90 requires the NRC to recover only approximately 90 percent of the remaining budget authority for the fiscal year10 percent of the remaining budget authority is not recovered through fees. The NRC refers to the activities included in this 10-percent as fee-relief activities. After accounting for the fee-recovery exclusions, the fee-relief activities, and net billing adjustments (i.e., the sum of unpaid current year invoices (estimated) minus payments for prior year invoices), the NRC must bill approximately $826.7 million in fees in FY 2018. Of this amount, the NRC estimates that $289.4 million will be recovered through 10 CFR part 170 service fees; that leaves approximately $537.3 million to be recovered through 10 CFR part 171 annual fees. Table I summarizes the fee-recovery amounts for the FY 2018 proposed fee rule using the adjusted CBJ amounts, and taking into account excluded activities, fee-relief activities, and net billing adjustments. For all information presented in the following tables, individual values may not sum to totals due to rounding. Please see the work papers (ADAMS Accession No. ML17348A377) for actual amounts.

The FY 2018 proposed fee rule is based on the FY 2018 budget request, as adjusted. In accordance with OBRA-90, the final fee rule will be based on the NRCs actual appropriation rather than the budget request, and so the NRC will update the final fee schedule as 7

appropriate. If the NRC receives a year-long continuing resolution, then the final fee schedule may look similar to the FY 2017 final fee rule.

TABLE I. BUDGET AND FEE RECOVERY AMOUNTS

[Dollars in millions]

FY 2018 FY 2017 Percentage Proposed Final Rule Change Rule Total Budget Authority $917.1 $967.0 5.4 Less Excluded Fee Items -23.1 -47.6 106.0 Balance $894.0 $919.4 2.8 Fee Recovery Percent 90 90 0.0 Total Amount to be Recovered: $804.6 $827.5 2.8 10 CFR Part 171 Billing Adjustments:

Unpaid Current Year Invoices 6.2 6.5 4.6 (estimated)

Less Prior Year Billing Credit for Transportation Fee Class 0.0 0.0 0.0 Less Payments Received in Current Year for Previous Year Invoices -4.9 -7.3 32.8 (estimated)

Subtotal 1.3 -0.8 -161.5 Amount to be Recovered through 10 CFR Parts 170 and 171 Fees $805.9 $826.7 2.5 Less Estimated 10 CFR Part 170 Fees -297.3 -289.4 -2.7 10 CFR Part 171 Fee Collections Required $508.6 $537.3 5.6 8

FY 2018 Fee Collection Professional Hourly Rate The NRC uses a professional hourly rate to assess fees for specific services provided by the NRC under 10 CFR part 170. The professional hourly rate also helps determine flat fees (which are used for the review of certain types of license applications). This rate would be applicable to all activities for which fees are assessed under §§ 170.21 and 170.31.

The NRCs professional hourly rate is derived by adding budgeted resources for: 1) mission-direct program salaries and benefits; 2) mission-indirect program support; and

3) agency support (corporate support and the IG), and then subtracting certain offsetting receipts, and then dividing this total by the mission-direct full-time equivalents (FTE) converted to hours. The NRC is proposing to add the definitions for mission-direct program salaries and benefits, mission-indirect program support, and agency support (corporate support and the IG) to 10 CFR 170.3, Definitions. The mission-direct FTE converted to hours is the product of the mission-direct FTE multiplied by the estimated annual mission-direct FTE productive hours.

The only budgeted resources excluded from the professional hourly rate are those for mission-direct contract resources, which are generally billed to licensees separately. The following shows the professional hourly rate calculation:

Budgeted Resources1 $790.3 million

________________________________ = Professional _____________

Hourly Rate = $270 Mission-Direct FTE Converted to Hours 1,938 x 1,510 For FY 2018, the NRC is proposing to increase the professional hourly rate from $263 to

$270. The 2.6 percent increase in the FY 2018 professional hourly rate is due to the decline in the number of mission-direct FTE compared to FY 2017, primarily due to reduced Fukushima-related work and combined license review work, offset by the small increase in annual mission-1 Does not include mission-direct contract resources.

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direct FTE productive hours. For additional information about the decline in the number of mission-direct FTE, see the Operating Power Reactors section of this rule. The FY 2018 estimated annual mission-direct FTE productive hours is 1,510 hours0.0059 days <br />0.142 hours <br />8.43254e-4 weeks <br />1.94055e-4 months <br />, up from 1,500 hours0.00579 days <br />0.139 hours <br />8.267196e-4 weeks <br />1.9025e-4 months <br /> in FY 2017. This estimate, also referred to as the productive hours assumption, reflects the average number of hours that a mission-direct employee spends on mission-direct work in a given year. This excludes hours charged to annual leave, sick leave, holidays, training and general administration tasks. Table II shows the professional hourly rate calculation methodology. The FY 2017 amounts are provided for comparison purposes.

TABLE II. PROFESSIONAL HOURLY RATE CALCULATION

[Dollars in millions, except as noted]

FY 2018 FY 2017 Percentage Proposed Final Rule Change Rule Mission-Direct Program Salaries & Benefits $340.6 $341.2 0.2 Mission-Indirect Program Support $137.3 $136.1 -0.9 Agency Support (Corporate Support and the IG)

$309.6 $313.1 1.1 Subtotal $787.5 $790.3 0.4 Less Offsetting Receipts2 $-0.1 $0.0 0.0 Total Budgeted Resources Included in $787.4 $790.3 0.4 Professional Hourly Rate Mission-Direct FTE (Whole numbers) 1,996 1,938 -3.0 Annual Mission-Direct FTE Productive 1,500 1,510 0.7 Hours (Whole numbers)

Mission-Direct FTE Converted to Hours (Mission-Direct FTE multiplied by 2 The fees collected by the NRC for Freedom of Information Act (FOIA) services and indemnity (financial protection required of licensees for public liability claims at 10 CFR part 140) are subtracted from the budgeted resources amount when calculating the 10 CFR part 170 professional hourly rate, per the guidance in Office of Management and Budget (OMB) Circular A-25, User Charges. The budgeted resources for FOIA activities are allocated under the product for Information Services within the Corporate Support business line. The indemnity activities are allocated under the Licensing Actions and the Research & Test Reactors products within the Operating Reactors business line.

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Annual Mission-Direct FTE Productive Hours) (In Millions) 3.0 2.9 -3.4 Professional Hourly Rate (Total Budgeted Resources Included in Professional Hourly Rate Divided by Mission-Direct FTE Converted to

$263 $270 2.6 Hours) (Whole Numbers)

FY 2018 Fee Collection Flat Application Fee Changes The NRC proposes to amend the flat application fees that it charges to applicants for import and export licenses, applicants for materials licenses and other regulatory services, and holders of materials, import, and export licenses in its schedule of fees in §§ 170.21 and 170.31 to reflect the revised professional hourly rate of $270. The NRC calculates these flat fees by multiplying the average professional staff hours needed to process the licensing actions by the proposed professional hourly rate for FY 2018. The NRC analyzes the actual hours spent performing licensing actions and then estimates the average professional staff hours that are needed to process licensing actions as part of its biennial review of fees, which is required by Section 205(a) of the Chief Financial Officers Act of 1990 (31 U.S.C. 902(a)(8)). The NRC performed this review in FY 2017 and will perform this review again in FY 2019. The higher professional hourly rate of $270 is the primary reason for the increase in application fees.

Please see the work papers for more detail.

The NRC rounds these flat fees in such a way that ensures both convenience for its stakeholders and that any rounding effects are minimal. Accordingly, fees under $1,000 are rounded to the nearest $10, fees between $1,000 and $100,000 are rounded to the nearest

$100, and fees greater than $100,000 are rounded to the nearest $1,000.

The proposed licensing flat fees are applicable for import and export licensing actions (see fee categories K.1. through K.5. of § 170.21), as well as certain materials licensing actions 11

(see fee categories 1.C. through 1.D., 2.B. through 2.F., 3.A. through 3.S., 4.B. through 5.A.,

6.A. through 9.D., 10.B., 15.A. through 15.L., 15.R., and 16 of § 170.31). Applications filed on or after the effective date of the FY 2018 final fee rule will be subject to the revised fees in the final rule.

FY 2018 Fee Collection Fee-Relief and Low-Level Waste (LLW) Surcharge As previously noted, OBRA-90 requires the NRC to recover only approximately 90 percent of its annual budget authority for the fiscal year. The NRC applies the remaining 10 percent that is not recovered to offset certain budgeted activitiessee Table III for a full listing of these fee-relief activities. If the amount budgeted for these fee-relief activities is greater or less than 10 percent of the NRCs annual budget authority (less the fee-recovery exclusions),

then the NRC applies a fee adjustment (either an increase or decrease) to all licensees annual fees, based on their percentage share of the NRCs budget.

In FY 2018, the amount budgeted for fee-relief activities is projected to be higher than the 10-percent threshold. Therefore, the NRC proposes to assess a fee-relief surcharge to increase all licensees annual fees based on their percentage share of the budget. Table III summarizes the fee-relief activities budgeted for FY 2018. The FY 2017 amounts are provided for comparison purposes.

TABLE III. FEE-RELIEF ACTIVITIES

[Dollars in millions]

FY 2017 FY 2018 Percentage Fee-Relief Activities Budgeted Budgeted Change Costs Costs

1. Activities not attributable to an existing NRC licensee or class of licensees:

$13.8 $13.7 -0.7 12

a. International activities3

b. Agreement State oversight 12.9 13.2 2.9

c. Scholarships and Fellowships 17.9 15.0 -19.3

d. Medical Isotope Production Infrastructure 4.2 2.9 -44.8

2. Activities not assessed under 10 CFR part 170 service fees or 10 CFR part 171 annual fees based on existing law or Commission policy:

a. Fee exemption for nonprofit educational institutions 9.7 8.9 -8.0

b. Costs not recovered from small entities under 10 CFR 171.16(c) 7.4 7.1 -4.3

c. Regulatory support to Agreement States 18.5 17.4 -6.0

d. Generic decommissioning/reclamation (not related to the power reactor and spent fuel storage fee classes) 14.6 14.6 0.0

e. In Situ leach rulemaking and 1.4 1.5 6.7 unregistered general licensees

f. Potential Department of Defense remediation program MOU activities 1.1 1.1 0.0

g. Non-military radium sites N/A 1.7 N/A Total fee-relief activities 101.5 97.1 -4.3 Less 10 percent of the NRCs total FY budget (less the fee recovery exclusions) -89.4 -91.9 2.8 Fee-Relief Adjustment to be Allocated to All Licensees Annual Fees $12.1 $5.2 -57.3 3 This amount includes international assistance activities. This amount also includes conventions and treaty activities that are not attributable to an existing NRC licensee or class of licensees, and it includes international cooperation activities that are not attributable to an existing NRC licensee or class of licensees.

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Table IV shows how the NRC proposes to allocate the $5.2 million fee-relief surcharge to each licensee fee class. Also, in accordance with the Staff Requirements Memorandum dated September 7, 2017, (ADAMS Accession No. ML17250A841), for SECY-17-0026, Policy Considerations and Recommendations for Remediation of Non-Military, Unlicensed Historic Radium Sites in Non-Agreement States dated February 22, 2017 (ADAMS Accession No. ML17130A783), the NRC has established a new fee-relief category for non-military sites contaminated due to historic uses of radium.

In addition to the fee-relief surcharge, the NRC also proposes to assess a generic LLW surcharge of $3.4 million. Disposal of LLW occurs at commercially operated LLW disposal facilities that are licensed by either the NRC or an Agreement State. Four existing LLW disposal facilities in the United States accept various types of LLW. All are located in Agreement States and, therefore, are regulated by an Agreement State, rather than the NRC. The NRC will allocate this surcharge to its licensees based on data available in the U.S.

Department of Energys (DOE) Manifest Information Management System. This database contains information on total LLW volumes and NRC usage information from four generator classes: academic, industrial, medical, and utility. The ratio of utility waste volumes to total LLW volumes over a period of time is used to estimate the portion of this surcharge that will be allocated to the power reactors, fuel facilities, and materials fee classes. The materials portion is adjusted to account for the fact that a large percentage of materials licensees are licensed by the Agreement States rather than the NRC.

Table IV shows the surcharge, and its proposed allocation across the various fee classes.

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TABLE IV. ALLOCATION OF FEE-RELIEF ADJUSTMENT AND LLW SURCHARGE, FY 2018

[Dollars in millions]

LLW Surcharge Fee-Relief Adjustment Total Percent $ Percent $ $

Operating Power Reactors 41.0 1.4 85.2 4.4 5.8 Spent Fuel Storage/Reactor 0.0 0.0 4.3 0.2 0.2 Decommissioning Research and Test Reactors 0.0 0.0 0.4 0.0 0.0 Fuel Facilities 46.0 1.6 4.5 0.3 1.8 Materials Users 13.0 0.4 3.4 0.2 0.6 Transportation 0.0 0.0 0.5 0.0 0.0 Rare Earth Facilities 0.0 0.0 0.0 0.0 0.0 Uranium Recovery 0.0 0.0 1.7 0.1 0.1 Total 100.0 3.4 100.0 5.2 8.5 FY 2018 Fee Collection Revised Annual Fees In accordance with SECY-05-0164, Annual Fee Calculation Method, dated September 15, 2005 (ADAMS Accession No. ML052580332), the NRC rebaselines its annual fees every year. Rebaselining entails analyzing the budget in detail and then allocating the budgeted costs to various classes or subclasses of licensees. It also includes updating the number of NRC licensees in its fee calculation methodology.

The NRC proposes to revise its annual fees in §§ 171.15 and 171.16 to recover approximately 90 percent of the NRCs FY 2018 budget authority (less the fee-recovery exclusions and the estimated amount to be recovered through 10 CFR part 170 fees). The total 15

estimated 10 CFR part 170 collections for this proposed rule total are $289.4 million, a decrease of $7.9 million from the FY 2017 fee rule (see the specific fee class sections for a discussion of this decrease). The NRC, therefore, proposes to recover $537.3 million through annual fees from its licensees, which is an increase of $28.7 million from the FY 2017 final rule.

Table V shows the proposed rebaselined fees for FY 2018 for a representative list of categories of licensees. The FY 2017 amounts are provided for comparison purposes.

TABLE V. REBASELINED ANNUAL FEES FY 2017 FY 2018 Final Annual Proposed Percentage Class/Category of Licenses Fee Annual Fee Change Operating Power Reactors $4,308,000 $4,559,000 5.8

+ Spent Fuel Storage/Reactor Decommissioning 188,000 225,000 19.7 Total, Combined Fee 4,496,000 4,784,000 6.4 Spent Fuel Storage/Reactor Decommissioning 188,000 225,000 19.7 Research and Test Reactors (Non-power Reactors) 81,400 81,300 -0.1 High Enriched Uranium Fuel Facility 7,255,000 7,726,000 6.5 Low Enriched Uranium Fuel Facility 2,629,000 2,799,000 6.5 UF6 Conversion and Deconversion Facility 1,498,000 1,596,000 6.5 Conventional Mills 38,900 38,800 -0.3 Typical Materials Users:

Radiographers (Category 3O) 27,000 25,700 -4.8 Well Loggers (Category 5A) 16,000 15,600 -2.5 All Other Specific Byproduct Material 9,300 9,000 -3.2 Licensees (Category 3P)

Broad Scope Medical (Category 7B) 33,800 32,700 -3.3 16

The work papers that support this proposed rule show in detail how the NRC proposes to allocate the budgeted resources for each class of licensees and calculate the fees.

Paragraphs a. through h. of this section describe budgeted resources allocated to each class of licensees and the calculations of the rebaselined fees. For more information about detailed fee calculations for each class, please consult the accompanying work papers.

a. Fuel Facilities The NRC proposes to collect $29.2 million in annual fees from the fuel facilities class.

TABLE VI. ANNUAL FEE

SUMMARY

CALCULATIONS FOR FUEL FACILITIES

[Dollars in millions]

Summary Fee Calculations FY 2017 FY 2018 Percentage Final Proposed Change Total budgeted resources $33.9 $35.1 3.5 Less estimated 10 CFR part 170 receipts -9.6 -9.3 -3.2 Net 10 CFR part 171 resources 24.3 25.8 6.2 Allocated generic transportation 1.6 1.6 0.0 Fee-relief adjustment/LLW surcharge 2.5 1.8 -28.0 Billing adjustments 0.0 0.0 0.0 Total remaining required annual fee $28.4 $29.2 2.8 recovery4 In FY 2018, although the fuel facilities budgeted resources increased slightly, there is a slight decrease in estimated 10 CFR part 170 billings as a result of completing the Mixed Oxide Fuel Fabrication Facilitys structure review and completing Westinghouses license renewal (offset by billings for the Honeywell Internationals license renewal application beginning in FY 2018). There was also a reduction to the LLW percentage allotment because of decreased usage of LLW by this fee class.

4 See Table VII for percentage change for each fee category.

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The NRC allocates annual fees to individual fuel facility licensees based on the effort/fee determination matrix developed in the FY 1999 final fee rule (64 FR 31447; June 10, 1999). To briefly recap, the matrix groups licensees within this fee class into various fee categories. The matrix lists processes conducted at licensed sites and assigns effort factors for the safety and safeguards activities associated with each process (these effort levels are reflected in Table VII). The annual fees are then distributed across the fee class based on the regulatory effort predicted by the matrix.

TABLE VII. EFFORT FACTORS FOR FUEL FACILITIES, FY 2018 Effort Factors Number (percent of total)

Facility Type (fee category) of Facilities Safety Safeguards High-Enriched Uranium Fuel (1.A.(1)(a)) 2 88 96 Low-Enriched Uranium Fuel (1.A.(1)(b)) 3 70 30 Limited Operations (1.A.(2)(a)) 0 0 0 Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) 0 0 0 Hot Cell (and others) (1.A.(2)(c)) 0 0 0 Uranium Enrichment (1.E.) 1 21 23 UF6 Conversion and Deconversion (2.A.(1)) 1 12 7 In FY 2018, the total remaining required annual fee recovery amount of $29.2 million is comprised of safety activities, safeguards activities and the fee-relief adjustment/LLW surcharge. For FY 2018, the total budgeted resources to be recovered as annual fees for safety activities are $15.1 million. To calculate the annual fee, the NRC allocates this amount to each fee category based on its percent of the total regulatory effort for safety activities. Similarly, the 18

NRC allocates the budgeted resources to be recovered as annual fees for safeguards activities,

$12.3 million, to each fee category based on its percent of the total regulatory effort for safeguards activities. Finally, the fuel facility fee class portion of the fee-relief adjustment/LLW surcharge$1.8 millionis allocated to each fee category based on its percentage of the total regulatory effort for both safety and safeguards activities. The annual fee per licensee is then calculated by dividing the total allocated budgeted resources for the fee category by the number of licensees in that fee category. In comparison to FY 2017, for FY 2018 there was an increase of 2.8% for the total remaining required annual fee recovery (see Table VI). However, in comparison to FY 2017 for FY 2018, there was an increase of 6.5% in each fee category. The differences in the percentage increase was due to two licensees leaving the fee class in FY 2017. The fee for each facility is summarized in Table VIII.

TABLE VIII. ANNUAL FEES FOR FUEL FACILITIES FY 2017 FY 2018 Percentage Facility Type (fee category) Final Proposed Annual Change Annual Fee Fee High-Enriched Uranium Fuel (1.A.(1)(a)) $7,255,000 $7,726,000 6.5 Low-Enriched Uranium Fuel (1.A.(1)(b)) $2,629,000 $2,799,000 6.5 Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) $1,366,000 N/A5 N/A Hot Cell (and others) (1.A.(2)(c)) $710,000 N/A5 N/A Uranium Enrichment (1.E.) $3,470,000 $3,695,000 6.5 UF6 Conversion and Deconversion (2.A.(1)) $1,498,000 $1,596,000 6.5

b. Uranium Recovery Facilities 5

No licensees in this fee category in FY 2018.

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The NRC proposes to collect $0.6 million in annual fees from the uranium recovery facilities fee class, a decrease of 66.7 percent from FY 2017.

TABLE IX. ANNUAL FEE

SUMMARY

CALCULATIONS FOR URANIUM RECOVERY FACILITIES

[Dollars in millions]

FY 2017 FY 2018 Percentage Summary fee calculations Final Proposed Change Total budgeted resources $14.3 $13.5 -5.6 Less estimated 10 CFR part 170 receipts -13.5 -13.0 -3.8 Net 10 CFR part 171 resources 0.8 0.5 -60.0 Allocated generic transportation N/A N/A N/A Fee-relief adjustment 0.2 0.1 -50.0 Billing adjustments 0.0 0.0 0.0 Total required annual fee recovery $1.0 $0.6 -66.7 In comparison to FY 2017, the FY 2018 budgeted resources for uranium recovery licensees decreased due to reductions in associated licensing work, realignment of the Uranium Mill Tailings Radiation Control Act (UMTRCA) program, and completed reviews for license amendments for Strata Energy and Jane Dough, offset by increased workload for the Marsland license amendment review.

The NRC computes the annual fee for the uranium recovery fee class by dividing the total annual fee recovery amount among DOE and the other licensees in this fee class. The annual fee decreased for the DOE/UMTRCA program due to the decreased budgeted resources and an increase in 10 CFR part 170 billings for the Atlantic Richfield review. The annual fee decreased slightly for the remaining Uranium Recovery licensees due to a decrease in 20

estimated 10 CFR part 170 billings for completed reviews for license amendments for Strata Energy and Jane Dough, offset by an increase in 10 CFR part 170 billings for the Marsland license amendment review.

The NRC regulates DOEs Title I and Title II activities under UMTRCA6 and the proposed annual fee to DOE includes the costs specifically budgeted for the NRCs UMTRCA Title I and II activities, as well as 10 percent of the remaining budgeted costs for this fee class.

The DOEs UMTRCA annual fee decreased mainly due to the budgeted resources reduction and an increase in estimated 10 CFR part 170 billings for work on the Atlantic Richfield review.

The annual fee decreased for the overall fee class due to the decrease in budgeted resources.

The NRC assesses the remaining 90 percent of its budgeted costs to the rest of the licensees in this fee class, as described in the work papers. This is reflected in Table X as follows:

TABLE X. COSTS RECOVERED THROUGH ANNUAL FEES; URANIUM RECOVERY FEE CLASS FY 2017 FY 2018 Percentage Summary of Costs: Final Proposed Change Annual Fee Annual Fee DOE Annual Fee Amount (UMTRCA Title I and Title II) General Licenses:

UMTRCA Title I and Title II budgeted costs less 10 CFR part 170 receipts $574,595 $147,161 -74.4 10 percent of generic/other uranium recovery budgeted costs 19,079 32,434 41.2 10 percent of uranium recovery fee-relief adjustment 21,940 8,547 -61.0 Total Annual Fee Amount for DOE (rounded) 616,000 188,000 -69.5 Annual Fee Amount for Other Uranium Recovery Licenses:

6 The Congress established the two programs, Title I and Title II, under UMTRCA to protect the public and the environment from uranium milling. The UMTRCA Title I program is for remedial action at abandoned mill tailings sites where tailings resulted largely from production of uranium for the weapons program. The NRC also regulates DOEs UMTRCA Title II program, which is directed toward uranium mill sites licensed by the NRC or Agreement States in or after 1978.

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90 percent of generic/other uranium recovery budgeted costs less the amounts specifically budgeted for UMTRCA Title I 171,714 291,903 70.0 and Title II activities 90 percent of uranium recovery fee-relief adjustment 197,464 76,924 -61.0 Total Annual Fee Amount for Other Uranium Recovery Licenses $369,178 $368,828 -0.1 Further, for the non-DOE licensees, the NRC continues to use a matrix to determine the effort levels associated with conducting the generic regulatory actions for the different licensees in this fee class; this is similar to the NRCs approach for fuel facilities, described previously.

The matrix methodology for uranium recovery licensees first identifies the licensee categories included within this fee class (excluding DOE). These categories are: conventional uranium mills and heap leach facilities; uranium In Situ Recovery (ISR) and resin ISR facilities; mill tailings disposal facilities; and uranium water treatment facilities. The matrix identifies the types of operating activities that support and benefit these licensees, along with each activitys relative weight (for more information, see the work papers). Table XI displays the benefit factors per licensee and per fee category, for each of the non-DOE fee categories included in the uranium recovery fee class as follows:

TABLE XI. BENEFIT FACTORS FOR URANIUM RECOVERY LICENSES Number of Benefit Factor Total Benefit Factor Fee Category Licensees Per Licensee Value Percent Total Conventional and Heap Leach mills (2.A.(2)(a)) 1 150 150 10.5 Basic In Situ Recovery facilities (2.A.(2)(b)) 5 190 950 66.7 Expanded In Situ Recovery facilities (2.A.(2)(c)) 1 215 215 15.1 Section 11e.(2) disposal incidental to existing tailings sites (2.A.(4)) 1 85 85 6.0 22

Uranium water treatment (2.A.(5)) 1 25 25 1.7 Total 9 665 1,425 100.0 Applying these factors to the approximately $368,828 in budgeted costs to be recovered from non-DOE uranium recovery licensees results in the total annual fees for each fee category.

The annual fee per licensee is calculated by dividing the total allocated budgeted resources for the fee category by the number of licensees in that fee category, as summarized in Table XII.

TABLE XII. ANNUAL FEES FOR URANIUM RECOVERY LICENSEES (Other than DOE)

FY 2017 FY 2018 Facility Type (fee category) Final Proposed Percentage Annual Fee Annual Fee Change Conventional and Heap Leach mills (2.A.(2)(a))

$38,900 $38,800 -0.3 Basic In Situ Recovery facilities (2.A.(2)(b))

$49,200 $49,200 0.0 Expanded In Situ Recovery facilities (2.A.(2)(c))

$55,700 $55,600 -0.2 Section 11e.(2) disposal incidental to existing tailings sites (2.A.(4))

$22,000 $22,000 0.0 Uranium water treatment (2.A.(5)) $6,500 $6,500 0.0

c. Operating Power Reactors The NRC proposes to collect $451.3 million in annual fees from the power reactor fee class in FY 2018, as shown in Table XIII. The FY 2017 fees and percentage change are shown for comparison purposes.

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TABLE XIII. ANNUAL FEE

SUMMARY

CALCULATIONS FOR OPERATING POWER REACTORS

[Dollars in millions]

FY 2017 FY 2018 Percentage Summary Fee Calculations Final Proposed Change Total budgeted resources $670.3 $693.0 3.4 Less estimated 10 CFR part 170 receipts -256.3 -247.1 -3.6 Net 10 CFR part 171 resources 414.0 445.9 7.7 Allocated generic transportation 0.3 0.3 0.0 Fee-relief adjustment/LLW surcharge 11.1 5.8 -47.7 Billing adjustment 1.1 -0.7 -163.6 Total required annual fee recovery 426.5 451.3 5.8 Total operating reactors 99 99 0.0 Annual fee per reactor $4,308.0 $4,559.0 5.8 In comparison to FY 2017, the operating power reactors budgeted resources increased in FY 2018 primarily because contract costs associated with research in the areas of safety and security of digital systems, materials degradation, the aging of cables, and the effects of concrete degradation were funded in FY 2017 with prior year unobligated carryover. Contract costs also increased to support the new reactor design certification and early site permit reviews, as well as related infrastructure and technical assistance. Offsetting factors include a decrease in staff needed for Fukushima-related work and combined license reviews. Estimated billings under 10 CFR part 170 also slightly declined primarily due to South Carolina Electric and Gas Companys decision to abandon the construction of the two new nuclear units at V.C.

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Summer Nuclear Station, offset by the increased work for new reactor design certification and early site permit reviews.

The recoverable budgeted costs are divided equally among the 99 licensed power reactors, resulting in a proposed annual fee of $4,559,000 per reactor. Additionally, each licensed power reactor is assessed the FY 2018 spent fuel storage/reactor decommissioning proposed annual fee of $225,000 (see Table XIV and the discussion that follows). The combined proposed FY 2018 annual fee for power reactors is, therefore, $4,784,000.

On May 24, 2016, the NRC amended its licensing, inspection, and annual fee regulations to establish a variable annual fee structure for light-water small modular reactors (SMRs). Under the variable annual fee structure, effective June 23, 2016, an SMRs annual fee would be calculated as a function of its licensed thermal power rating. Currently, there are no operating SMRs; therefore, the NRC is not proposing an annual fee in FY 2018 for this type of licensee.

d. Spent Fuel Storage/Reactor Decommissioning The NRC proposes to collect $27.4 million in annual fees from 10 CFR part 50 power reactors, and from 10 CFR part 72 licensees that do not hold a 10 CFR part 50 license, to collect the budgeted costs for spent fuel storage/reactor decommissioning.

TABLE XIV. ANNUAL FEE

SUMMARY

CALCULATIONS FOR THE SPENT FUEL STORAGE/REACTOR DECOMMISSIONING FEE CLASS

[Dollars in millions]

FY 2017 FY 2018 Percentage Summary Fee Calculations Final Proposed Change Total budgeted resources $29.5 $34.6 17.3 25

Less estimated 10 CFR part 170 receipts -7.9 -8.3 5.1 Net 10 CFR part 171 resources 21.6 26.3 21.7 Allocated generic transportation costs 0.8 0.9 12.5 Fee-relief adjustment 0.5 0.2 -60.0 Billing adjustments 0.1 0.0 -100.0 Total required annual fee recovery 23.0 27.4 19.4 Total spent fuel storage facilities 122 122 0.0 Annual fee per facility $0.188 $0.225 19.7 Compared to FY 2017, the FY 2018 budgeted resources for spent fuel storage/reactor decommissioning increased due to (1) an increase in resources to support the safety, security, emergency preparedness, and environmental reviews for two applications for consolidated interim storage facilities (one of which has been suspended), and (2) efforts to update/consolidate the standard review plan for these facilities. For this fee class, estimated billings under 10 CFR part 170 increased slightly because although there was a decline in 10 CFR part 170 estimated billings due to suspension of the review for the Waste Control Specialists consolidated interim storage facility application, there was an overall increase in 10 CFR part 170 estimated billings due to an anticipated increase in workload for the Holtec International consolidated interim storage facility application, a renewal request for DOE Idaho, and an amendment request by TN Americas.

The required annual fee recovery amount is divided equally among 122 licensees, resulting in an FY 2018 annual fee of $225,000 per licensee.

e. Research and Test Reactors (Non-power Reactors) 26

The NRC proposes to collect $0.325 million in annual fees from the research and test reactor licensee class.

TABLE XV. ANNUAL FEE

SUMMARY

CALCULATIONS FOR RESEARCH AND TEST REACTORS

[Dollars in millions]

FY 2017 FY 2018 Percentage Summary Fee Calculations Final Proposed Change Total budgeted resources $1.982 $2.997 51.2 Less estimated 10 CFR part 170 receipts -1.724 -2.722 57.9 Net 10 CFR part 171 resources 0.258 0.275 6.6 Allocated generic transportation 0.034 0.034 0.9 Fee-relief adjustment 0.031 0.019 -38.7 Billing adjustments 0.003 -0.003 -200.0 Total required annual fee recovery 0.326 0.325 -0.3 Total research and test reactors 4 4 0.0 Total annual fee per reactor $0.0814 $0.0813 -0.1 For this fee class, the budgeted resources increased due to increased licensing and inspection activities associated with medical isotope facilities. Despite the budgeted resources increase, the proposed FY 2018 annual fee decreased due to an increase in estimated 10 CFR part 170 billings for Aerotests license renewal, continued project management activities for the four test and research reactor sites, and increased licensing and inspection activities associated with medical isotope facilities.

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The required annual fee-recovery amount is divided equally among the four research and test reactors subject to annual fees and results in an FY 2018 annual fee of $81,300 for each licensee.

f. Rare Earth The NRC has not allocated any budgeted resources to this fee class; therefore, the NRC is not proposing an annual fee in FY 2018.

g. Materials Users The NRC proposes to collect $34.2 million in annual fees from materials users licensed under 10 CFR parts 30, 40, and 70.

TABLE XVI. ANNUAL FEE

SUMMARY

CALCULATIONS FOR MATERIALS USERS

[Dollars in millions]

FY 2017 FY 2018 Percentage Summary Fee Calculations Final Proposed Change Total budgeted resources for licensees not $33.7 $33.0 -2.1 regulated by Agreement States Less estimated 10 CFR part 170 receipts -0.9 -1.0 11.1 Net 10 CFR part 171 resources 32.8 32.0 -2.5 Allocated generic transportation 1.6 1.6 0.0 Fee-relief adjustment/LLW surcharge 0.9 0.6 -33.3 Billing adjustments 0.1 0.0 -100.0 Total required annual fee recovery $35.4 $34.2 -3.4 The annual fee for these categories of materials users licenses is developed as follows:

Annual Fee = Constant x [Application Fee + (Average Inspection Cost / Inspection Priority)] +

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Inspection Multiplier x (Average Inspection Cost / Inspection Priority) + Unique Category Costs.

The total annual fee recovery proposed for FY 2018 consists of the following: $26.2 million for general costs, $7.1 million for inspection costs, $0.3 million for unique costs for medical licenses and $0.6 million for fee relief/LLW costs. To equitably and fairly allocate the $34.2 million required to be collected among approximately 2,600 diverse materials users licensees, the NRC continues to calculate the annual fees for each fee category within this class based on the 10 CFR part 170 application fees and estimated inspection costs for each fee category.

Because the application fees and inspection costs are indicative of the complexity of the materials license, this approach provides a proxy for allocating the generic and other regulatory costs to the diverse fee categories. This fee-calculation method also considers the inspection frequency (priority), which is indicative of the safety risk and resulting regulatory costs associated with the categories of licenses.

The NRC proposes to decrease annual fees for most materials licensees in this fee class in FY 2018 due to a reduction in budgeted resources for oversight activities through implementation of process enhancements and rebaselining of the materials program under Project Aim.

The constant multiplier is established in order to recover the total general costs (including allocated generic transportation costs) of $26.2 million. To derive the constant multiplier, the general cost amount is divided by the product of all fee categories (application fee plus the inspection fee divided by inspection priority) then multiplied by the number of licensees.

This calculation results in a constant multiplier of 1.46 for FY 2018. The average inspection cost is the average inspection hours for each fee category multiplied by the professional hourly rate of $270. The inspection priority is the interval between routine inspections, expressed in years.

The inspection multiplier is established in order to recover the $7.1 million in inspection costs.

To derive the inspection multiplier, the inspection costs amount is divided by the product of all fee categories (inspection fee divided by inspection priority) then multiplied by the number of 29

licensees. This calculation results in an inspection multiplier of 1.38 for FY 2018. The unique category costs are any special costs that the NRC has budgeted for a specific category of licenses. For FY 2018, unique category costs include approximately $0.3 million in budgeted costs for the implementation of revised 10 CFR part 35, Medical Use of Byproduct Material, which has been allocated to holders of NRC human-use licenses. These unique category costs include the budgeted resources for the medical program of $20 million, adjusted for the percentage of Agreement State licensees. The remainder is divided by the number of licensees within fee categories 7A, 7C and 17. Please see the work papers for more detail about this classification.

The annual fee assessed to each licensee also includes a share of the $0.6 million fee-relief surcharge assessment of approximately $0.2 million allocated to the materials users fee class (see Table IV, Allocation of Fee-Relief Adjustment and LLW Surcharge, FY 2018, in Section III, Discussion, of this document), and for certain categories of these licensees, a share of the approximately $0.4 million LLW surcharge costs allocated to the fee class. The proposed annual fee for each fee category is shown in the proposed revision to § 171.16(d).

h. Transportation The NRC proposes to collect $5.9 million in annual fees to recover generic transportation budgeted resources. The FY 2017 values are shown for comparison purposes.

TABLE XVII. ANNUAL FEE

SUMMARY

CALCULATIONS FOR TRANSPORTATION

[Dollars in millions]

FY 2017 FY 2018 Percentage Summary Fee Calculations Final Proposed Change Total Budgeted Resources $8.9 $8.8 -1.1 30

Less Estimated 10 CFR part 170 Receipts -3.1 -2.9 -6.5 Net 10 CFR part 171 Resources 5.8 5.9 1.7 Less Generic Transportation Resources7 -4.5 -4.5 0.0 Fee-relief adjustment/LLW surcharge 0.2 0.0 0.0 Billing adjustments 0.0 0.0 0.0 Total required annual fee recovery $1.5 $1.4 -7.2 In comparison to FY 2017, the total budgeted resources for FY 2018 for generic transportation activities decreased due to an anticipated reduction in the Certificates of Compliance (CoCs) for DOE (from 22 to 21) and a decreased anticipated workload due to the expected number of major licensing actions to be completed in FY 2018. There was also a decline in budgeted resources within licensing and rulemaking support due to a reclassification of certain budgeted resources to the spent fuel storage/reactor decommissioning fee class.

Consistent with the policy established in the NRCs FY 2006 final fee rule (71 FR 30721; May 30, 2006), the NRC recovers generic transportation costs unrelated to DOE by including those costs in the annual fees for licensee fee classes. The NRC continues to assess a separate annual fee under § 171.16, fee category 18.A. for DOE transportation activities. The amount of the allocated generic resources is calculated by multiplying the percentage of total CoCs used by each fee class (and DOE) by the total generic transportation resources to be recovered. The proposed annual fee decrease for DOE is mainly due to an anticipated decrease in CoCs from 22 to 21 in FY 2018.

This resource distribution to the licensee fee classes and DOE is shown in Table XVIII.

Note that for the research and test reactors fee class, the NRC allocates the distribution to only those licensees that are subject to annual fees. Although four CoCs benefit the entire research 7 New line item added to enhance clarify.

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and test reactor class, only 4 out of 31 research and test reactors are subject to annual fees.

Consequently, the number of CoCs used to determine the proportion of generic transportation resources allocated to research and test reactors annual fees has been adjusted to 0.5 so the research and test reactors subject to annual fees are charged a fair and equitable portion of the total. For more information, see the work papers.

TABLE XVIII. DISTRIBUTION OF TRANSPORTATION RESOURCES, FY 2018 [Dollars in millions]

Number of Allocated Percentage CoCs Generic Licensee Fee Class/DOE of Total Benefiting Fee Transportation CoCs Class or DOE Resources Materials Users 25.0 27.9 $1.7 Operating Power Reactors 5.0 5.6 0.3 Spent Fuel Storage/Reactor 14.0 15.6 0.9 Decommissioning Research and Test Reactors 0.5 0.6 0.0 Fuel Facilities 24.0 26.8 1.6 Sub-Total of Generic Transportation 68.5 76.5 4.5 Resources DOE 21.0 23.5 1.4 Total 89.5 100.0 $5.9 The NRC assesses an annual fee to DOE based on the 10 CFR part 71 CoCs it holds.

The NRC, therefore, does not allocate these DOE-related resources to other licensees annual fees because these resources specifically support DOE.

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FY 2018 Policy Change The NRC proposes one policy change for FY 2018:

Changes to Small Materials Users Fee Categories for Locations of Use The NRC proposes to add seven new fee subcategories under 10 CFR 170.31, Schedule of Fees for Materials Licenses and Other Regulatory Services, Including Inspections, and Import and Export Licenses, and 10 CFR 171.16, Annual Fees: Materials Licensees, Holders of Certificates of Compliance, Holders of Sealed Source and Device Registrations, Holders of Quality Assurance Program Approvals, and Government Agencies Licensed by the NRC. Generally speaking, 10 CFR 170.31 assigns the same fee to each licensee in the fee category, regardless of the amount of locations that the licensee is authorized to use. Yet for some of these fee categories, the NRC staff recently determined that it spends a disproportionate amount of time on licensees with six or more locations compared to licensees in the same fee category with fewer than six locations. Therefore, the NRC is proposing to revise its fee categories so that these fees better align with the actual costs of providing regulatory services.

Previouslyin the FY 2015 final fee rulethe NRC added three fee subcategories under one fee category, 3.L. (research and development broad scope) for licenses with six or more locations of use. Although there are 14 additional fee categories that could be modified, the NRC determined that most affected licenses are covered under only 7 of the 14 fee categories. Accordingly, the NRC is proposing to add subcategories to these seven fee categories:

• Manufacturing broad scope licenses under fee category 3.A.

• Other manufacturing licenses under fee category 3.B.

• Medical product distribution licenses under fee category 3.C.

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• Industrial radiography licenses under fee category 3.O.

• Other byproduct licenses (e.g., portable and fixed gauges, measuring systems) under fee category 3.P.

• Medical licenses under fee categories 7.A. and 7.B.

To more accurately reflect the cost of services provided by the NRC, this change would result in each fee category having subcategories for 1-5, 6-20, and more than 20 locations of use.

FY 2018 Administrative Changes The NRC also proposes eleven administrative changes:

1. Revise the methodology of charging licensees for overhead time for project managers (PMs) and resident inspectors (RIs).

The NRC proposes to revise the methodology of charging licensees for overhead time for PMs and RIs. Currently, the NRC includes an overhead cost of 6 percent of direct billable costs to all licensees invoices. The overhead charge is intended to recover the full cost for PM and RI activities that provide a direct benefit to the assigned licensee or site.

In FY 2015 to FY 2017, this 6-percent value was based on the analysis of 4 years of billing data (FY 2011 to FY 2014) for overhead activities recorded in the time and labor system by a PM or RI and billed to the dockets to which the PM or the RI were officially assigned. The NRC has reviewed the process and, as a process enhancement, created docket-related fee-billable cost activity codes. Once the FY 2018 final fee rule is effective, the licensee invoices will no longer include the 6-percent overhead allocation. Instead, the licensee invoices will include the actual hours for activities that support and directly benefit the assigned licensee or site.

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2. Add definitions for inputs in the professional hourly rate calculation in 10 CFR part 170, Fees for Facilities, Materials, Import and Export Licenses, and Other Regulatory Services under the Atomic Energy Act of 1954, as Amended.

In response to the recommendations in the U.S. Government Accountability Office (GAO) report titled "Nuclear Regulatory Commission: Regulatory Fee-Setting Calculations Need Greater Transparency (GAO-17-232), dated February 2, 2017, the NRC committed to adding definitions for the professional hourly rate components in 10 CFR part 170 during the FY 2018 fee rulemaking. The NRC therefore proposes to add definitions for agency support (corporate support and the IG), mission-direct program salaries and benefits, and mission-indirect program support to 10 CFR 170.3, Definitions.

3. Delete the definition of overhead and general and administrative costs from 10 CFR 170.3 and 10 CFR 171.5.

The term overhead and general and administrative costs is currently defined in 10 CFR 170.3 and 10 CFR 171.5, but it is not used in 10 CFR parts 170 and 171. Nor do the subordinate elements of the definitionGovernment benefits, travel costs, overhead, administrative support costs, and indirect costsappear elsewhere in parts 170 and 171.

The NRC therefore proposes to delete these definitions for clarity purposes.

4. Amend language under 10 CFR 170.11, Exemptions, to add a new paragraph to include the timeframe in which a request for a fee exemption must be submitted to the Chief Financial Officer (CFO) under 10 CFR part 170.

The NRC proposes to revise language to provide that a request for a fee exemption under 10 CFR 170.11(a)(1) must be submitted to the CFO within 90 days of the date of the NRCs receipt of the work.

5. Amend language under 10 CFR 170.31, Schedule of Fees for Materials Licenses and Other Regulatory Services, Including Inspections, and Import and Export Licenses, and 10 CFR 171.16, Annual Fees: Materials Licensees, Holders of 35

Certificates of Compliance, Holders of Sealed Source and Device Registrations, Holders of Quality Assurance Program Approvals, and Government Agencies Licensed by the NRC, to enhance clarity.

When a materials license (or part of a materials license) changes from operational to decommissioning status, it transitions to fee category 14.A. There are two aspects of the fee treatment that follows transition to fee category 14.A. First, the materials license (or part of a materials license) that transitions to fee category 14.A is assessed full cost fees under 10 CFR part 170, even if, before the transition to this fee category, the licensee was assessed flat fees under 10 CFR part 170. Second, the materials license (or part of a materials license) that transitions to fee category 14.A is not assessed annual fees under 10 CFR part 171. If only part of a materials license is transitioned to fee category 14.A, the licensee may be charged annual fees (and any applicable 10 CFR part 170 fees) for other activities authorized under the license that are not in decommissioning status. The NRC is proposing to add a new footnote to the table in 10 CFR 170.31 and to the table in 10 CFR 171.16 to emphasize the fee treatment that follows a transition to fee category 14.A.

The NRC also proposes to add new language to the description of fee category 14.A. in both 10 CFR 170.31 and 171.16 in order to enhance clarity regarding when a materials license (or part of a materials license) transitions to fee category 14.A. Specifically, this transition occurs when a licensee has permanently ceased principal activities. For guidance on what constitutes permanently ceasing principal activities, please see Regulatory Issue Summary 2015-19 (Sept. 27, 2016) (ADAMS Accession No. ML16008A242).

6. Amend language under 10 CFR 171.3 and 10 CFR 171.16(a) to clarify when the assessment of annual fees begins for uranium recovery and fuel facility licensees.

Both uranium recovery and fuel facilities licenses include a condition that the NRC must complete a post-construction, pre-operational inspection to authorize a licensee to possess and use source material. In the FY 2007 final fee rule, the NRC added language to 10 CFR 171.3 36

and 10 CFR 171.16(a) to codify its policy that annual fees for uranium enrichment facilities will be assessed after the NRC verifies through inspection that the facility has been constructed in accordance with the requirements of the license. The NRC proposes to amend those sections to codify the policy that the assessment of annual fees for uranium recovery or fuel facility licensees, including uranium enrichment facility licensees, begins after the NRC inspection verifies that the facility has been constructed in accordance with the requirements of the license.

7. Amend footnote 9 to the table in 10 CFR 171.16(d) for clarity.

The NRC proposes to revise footnote 9 to clarify that nuclear medicine licensees under fee category 7.A. would not be assessed a separate annual fee for pacemaker licenses.

8. Delete footnote 15 to the table in 10 CFR 171.16(d).

The NRC proposes to delete footnote 15 because footnote 16 is more comprehensive and already includes the relevant information from footnote 15. The current footnote 16 would be renumbered as footnote 15, and the footnotes that follow current footnote 16 would be renumbered. All references to these footnotes in fee categories will be adjusted accordingly.

9. Amend footnote 16 to the table in 10 CFR 171.16(d) for clarity.

The NRC proposes to renumber footnote 16 as footnote 15, as indicated, and revise it to clarify that licensees paying fees under fee category 17 are not be subject to additional fees listed in the table.

10. Add a new footnote to the table in 10 CFR 171.16(d) for clarity.

The NRC proposes to add a new footnote (as footnote 20) to clarify when licensees are exempt from paying annual fees under a specific fee category when they are licensed under multiple fee categories. The NRC currently follows this guidance and would add references to the new footnote 20 to fee categories 2.B., 3.N., and 3.P. to enhance clarity.

11. Amend language under 10 CFR 171.17, Proration, to add a new sentence on the proration of fees.

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The NRC proposes to revise language regarding 1) reactors, 2) licensees under 10 CFR part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than Class C Waste, who do not hold 10 CFR part 50, Domestic Licensing of Production and Utilization Facilities, licenses and

3) materials licensees with annual fees of $100,000 or greater for a single fee category. The NRC proposes to base the proration of annual fees for terminated and downgraded licensees on the fee rule in effect at the time the termination or downgrade action is official. The NRC will base the determinations on the proration requirements under 10 CFR 171.17(a)(2) and (3).

Under the current regulations, proration is based on the fee rule for the current fiscal year. This prevents the NRC from accurately billing the licensee at the time the termination or downgrade action is official based on the proration requirements under 10 CFR 171.17(a)(2) and (3). The NRC has to wait until the current years fee rule is effective (typically during the fourth quarter of a fiscal year) to either bill additional amounts or process refunds to the licensee based on the new fee rule amount.

This amendment would allow the NRC to prorate annual fees based on the fee rule in effect at the time the termination or downgrade action is official based on the proration requirements under 10 CFR 171.17(a)(2) and (3), thereby allowing the licensees to know that their fee amounts would not have to be adjusted in the fourth quarter of the fiscal year. This change would support the fair and equitable assessment of fees because it ties annual fee proration to when the license actually becomes downgraded or terminated.

Update to the Fees Transformation Initiative The Staff Requirements Memorandum, dated October 19, 2016, for SECY-16-0097, Fee Setting Improvements and Fiscal Year 2017 Proposed Fee Rule, directed staff to explore, as a voluntary pilot, whether a flat fee structure could be established for routine licensing matters in the area uranium recovery, and to accelerate the fees setting process improvements 38

including the transition to an electronic billing system. With respect to the voluntary flat fees pilot, the staff has developed a project plan and is on target to complete this activity by September 2020. With respect to the fees setting process improvements, all 14 of the activities scheduled for FY 2017 and an additional 3 scheduled for FY 2018 were completed in FY 2017.

These improvements included adding additional content to the FY 2018 CBJ to help licensees understand how the planned workload in the budget impacted fees, validating the budgeting process by comparing budgeted amounts with actual amounts in the CBJ, posting the estimated cost of various licensing actions for both the Reactors and Materials programs on the NRCs public Web site, and modifying the calculation of full-cost fees to facilitate publishing the proposed and final fee rules earlier. For the remaining process changes recommended for future consideration, the NRC is well-positioned to complete them on schedule. In addition, the NRC is considering alternatives to accelerate the transition to an electronic billing system and for opportunities to enhance the detail contained in our invoices. For more information, please see our fees transformation accomplishments schedule, located on our license fees Web site at:

https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformation-accomplishments.html.

IV. Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980, as amended (RFA),8 the NRC has prepared a regulatory flexibility analysis relating to this proposed rule. The regulatory flexibility analysis is available as indicated in Section XIII, Availability of Documents, of this document.

V. Regulatory Analysis Under OBRA-90, the NRC is required to recover approximately 90 percent of its budget authority in FY 2018. The NRC established fee methodology guidelines for 10 CFR part 170 in 8

5 U.S.C. 603. The RFA, 5 U.S.C. 601-612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121, Title II, 110 Stat. 847 (1996).

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1978, and established additional fee methodology guidelines for 10 CFR part 171 in 1986. In subsequent rulemakings, the NRC has adjusted its fees without changing the underlying principles of its fee policy to ensure that the NRC continues to comply with the statutory requirements for cost recovery in OBRA-90.

In this rulemaking, the NRC continues this long-standing approach. Therefore, the NRC did not identify any alternatives to the current fee structure guidelines and did not prepare a regulatory analysis for this rulemaking.

VI. Backfitting and Issue Finality The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this proposed rule and that a backfit analysis is not required. A backfit analysis is not required because these amendments do not require the modification of, or addition to, systems, structures, components, or the design of a facility, or the design approval or manufacturing license for a facility, or the procedures or organization required to design, construct, or operate a facility.

VII. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, Plain Language in Government Writing, published June 10, 1998 (63 FR 31885). The NRC requests comment on the proposed rule with respect to the clarity and effectiveness of the language used.

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VIII. National Environmental Policy Act The NRC has determined that this rule will amend NRCs administrative requirements in 10 CFR part 170 and 10 CFR part 171. Therefore, this action is categorically excluded from needing environmental review as described in 10 CFR 51.22(c)(1). Consequently, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed rule.

IX. Paperwork Reduction Act This proposed rule does not contain a collection of information as defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995.

Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number.

X. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Pub. L. 104-113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this proposed rule, the NRC proposes to amend the licensing, inspection, and annual fees charged to its licensees and applicants, as necessary, to recover approximately 90 percent of its budget authority in FY 2018, as required by OBRA-90.

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This action does not constitute the establishment of a standard that contains generally applicable requirements.

XI. Availability of Guidance The Small Business Regulatory Enforcement Fairness Act requires all Federal agencies to prepare a written compliance guide for each rule for which the agency is required by 5 U.S.C.

604 to prepare a regulatory flexibility analysis. The NRC, in compliance with the law, prepared the Small Entity Compliance Guide for the FY 2017 proposed fee rule. The NRC plans to continue to use this compliance guide for FY 2018 and has relabeled the compliance guide to reflect the current fiscal year. The FY 2018 version of the compliance guide is available as indicated in Section XIII, Availability of Documents, of this document. The next compliance guide will be developed when the NRC completes the next small entity biennial review in FY 2019.

XII. Public Meeting The NRC will conduct a public meeting on the proposed rule for the purpose of describing the proposed rule and answering questions from the public on the proposed rule.

The NRC will publish a notice of the location, time, and agenda of the meeting on the NRCs public meeting Web site within at least 10 calendar days before the meeting. In addition, the agenda for the meeting will be posted on www.regulations.gov under Docket ID NRC-2017-0026. For instructions to receive alerts when changes or additions occur in a docket folder, see Section XIII, Availability of Documents, of this document. Stakeholders should monitor the NRCs public meeting Web site for information about the public meeting at:

http://www.nrc.gov/public-involve/public-meetings/index.cfm.

42

XIII. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated.

DOCUMENT ADAMS ACCESSION NO. / WEB LINK SECY-16-0009, Recommendations Resulting ML16104A158.

from the Integrated Prioritization and Re-Baselining of Agency Activities, February 9, 2016 SECY-16-0097, Fee Setting Improvements and ML16194A365.

Fiscal Year 2017 Proposed Fee Rule, August 22, 2016 SECY-17-0026, Policy Considerations and ML17130A783.

Recommendations for Remediation of Non-Military, Unlicensed Historic Radium Sites in Non-Agreement States February 22, 2017 Staff Requirements Memorandum September 7, ML17250A841.

2017, for SECY-17-0026 FY 2018 Proposed Rule Work Papers ML17348A377.

FY 2018 Regulatory Flexibility Analysis ML17319A288.

FY 2018 U.S. Nuclear Regulatory Commission ML17319A291.

Small Entity Compliance Guide U.S. Government Accountability Office (GAO) http://www.gao.gov/products/GAO report titled "Nuclear Regulatory Commission: 232.

Regulatory Fee-Setting Calculations Need Greater Transparency (GAO-17-232), February 2, 2017 Regulatory Issue Summary 2015-19, ML16008A242.

Decommissioning Timeliness Rule Implementation and Associated Regulatory Relief, September 27, 2016 NUREG-1100, Volume 33, Congressional Budget Justification: Fiscal Year 2018 (May ML17137A246.

2017)

NRC Form 526, Certification of Small Entity http://www.nrc.gov/reading-rm/doc-Status for the Purposes of Annual Fees Imposed collections/forms/nrc526.pdf.

under 10 CFR Part 171 SECY-05-0164, Annual Fee Calculation Method, ML052580332.

dated September 15, 2005 43

OMBs Circular A-25, User Charges https://www.whitehouse.gov/omb/circular s_default.

Fees Transformation Accomplishments https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformaton-accomplishments.html.

Throughout the development of this rule, the NRC may post documents related to this rule, including public comments, on the Federal Rulemaking Web site at http://www.regulations.gov under Docket ID NRC-2017-0026. The Federal Rulemaking Web site allows you to receive alerts when changes or additions occur in a docket folder. To subscribe: 1) navigate to the docket folder NRC-2017-0026; 2) click the Sign up for E-mail Alerts link; and 3) enter your e-mail address and select how frequently you would like to receive e-mails (daily, weekly, or monthly).

List of Subjects 10 CFR Part 170 Byproduct material, Import and export licenses, Intergovernmental relations, Non-payment penalties, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Source material, Special nuclear material.

10 CFR Part 171 Annual charges, Approvals, Byproduct material, Holders of certificates, Intergovernmental relations, Nonpayment penalties, Nuclear materials, Nuclear power plants and reactors, Registrations, Source material, Special nuclear material.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C.

44

552 and 553, the NRC is proposing to adopt the following amendments to 10 CFR parts 170 and 171:

PART 170 -- FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED

1. The authority citation for part 170 continues to read as follows:

Authority: Atomic Energy Act of 1954, secs. 11, 161(w) (42 U.S.C. 2014, 2201(w));

Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2214; 31 U.S.C. 901, 902, 9701; 44 U.S.C. 3504 note.

2. In § 170.3, add the definitions for Agency support (corporate support and the IG),

Mission-direct program salaries and benefits, and Mission-indirect program support in alphabetical order and remove the definition of Overhead and general administrative costs to read as follows:

§ 170.3 Definitions.

Agency support (corporate support and the IG) means resources 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 Offices of Congressional and 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 resources administer the corporate or shared efforts that more broadly support the activities of the agency. These 45

resources also include information technology services, human capital services, financial management, and administrative support Mission-direct program salaries and benefits means resources that are allocated to perform core work activities committed to fulfilling the agencys mission of protecting the public health and safety, promoting the common defense and security, and protecting the environment.

These resources include the majority of the resources assigned under the direct business lines (Operating Reactors, New Reactors, Fuel Facilities, Nuclear Materials Users, Decommissioning and Low-Level Waste, and Spent Fuel Storage and Transportation).

Mission-indirect program support means resources that support the core mission-direct activities. These resources include supervisory and nonsupervisory support and mission travel and training. Supervisory and nonsupervisory support and mission travel and training resources assigned under direct business line structure are considered mission-indirect due to their supporting role of the core mission activities.

3. In § 170.11, add new paragraph (c) to read as follows:

§ 170.11 Exemptions.

(c) For purposes of § 170.11(a)(1), a request for a fee exemption must be submitted to the CFO within 90 days of the date of the NRCs receipt of the work.

46

4. Revise § 170.20 to read as follows:

§ 170.20 Average cost per professional staff-hour.

Fees for permits, licenses, amendments, renewals, special projects, 10 CFR part 55 re-qualification and replacement examinations and tests, other required reviews, approvals, and inspections under §§ 170.21 and 170.31 will be calculated using the professional staff-hour rate of $270 per hour.

5. In § 170.21, in the table, revise fee category K. to read as follows:

§ 170.21 Schedule of fees for production or utilization facilities, review of standard referenced design approvals, special projects, inspections, and import and export licenses.

SCHEDULE OF FACILITY FEES

[See footnotes at end of table]

Facility categories and type of fees Fees1,2 K. Import and export licenses:

Licenses for the import and export only of production or utilization facilities or the export only of components for production or utilization facilities issued under 10 CFR part 110.

1. Application for import or export of production or utilization facilities4 (including reactors and other facilities) and exports of components requiring Commission and Executive Branch review, for example, actions under 10 CFR 110.40(b). $18,900 Application -- new license, or amendment; or license exemption request

2. Application for export of reactor and other components requiring Executive Branch review, for example, those actions under 10 CFR 110.41(a). 9,500 Application -- new license, or amendment; or license exemption request 47

3. Application for export of components requiring the assistance of the Executive Branch to obtain foreign government assurances. 4,600 Application -- new license, or amendment; or license exemption request

4. Application for export of facility components and equipment not requiring Commission or Executive Branch review, or obtaining foreign government assurances. 4,600 Application -- new license, or amendment; or license exemption request

5. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic information, or make other revisions which do not involve any substantive changes to license terms or conditions or to the type of facility or component authorized for export and, therefore, do not require in-depth analysis or review or consultation with the Executive Branch, U.S. host state, or foreign government authorities. 2,700 Minor amendment to license 1 Fees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under § 2.202 of this chapter or for amendments resulting specifically from the requirements of these orders. For orders unrelated to civil penalties or other civil sanctions, fees will be charged for any resulting licensee-specific activities not otherwise exempted from fees under this chapter. Fees will be charged for approvals issued under a specific exemption provision of the Commissions regulations under title 10 of the Code of Federal Regulations (e.g., 10 CFR 50.12, 10 CFR 73.5) and any other sections in effect now or in the future, regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form.

2 Full cost fees will be determined based on the professional staff time and appropriate contractual support services expended. For applications currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the review of the application up to the effective date of the final rule will be determined at the professional rates in effect when the service was provided.

• * * * *4 Imports only of major components for end-use at NRC-licensed reactors are authorized under NRC general import license in 10 CFR 110.27.

6. In § 170.31, revise the table to read as follows:

§ 170.31 Schedule of fees for materials licenses and other regulatory services, including inspections, and import and export licenses.

SCHEDULE OF MATERIALS FEES

[See footnotes at end of table]

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Category of materials licenses and type of fees1 Fee2, 3

1. Special nuclear material11:

A. (1) Licenses for possession and use of U-235 or plutonium for fuel fabrication activities.

(a) Strategic Special Nuclear Material (High Enriched Uranium) [Program Code(s): 21213] Full Cost (b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel [Program Code(s):

21210] Full Cost (2) All other special nuclear materials licenses not included in Category 1.A. (1) which are licensed for fuel cycle activities.

(a) Facilities with limited operations [Program Code(s):

21240,21310, 21320] Full Cost (b) Gas centrifuge enrichment demonstration facilities

[Program Code(s): 21205] Full Cost (c) Others, including hot cell facilities

[Program Code(s): 21130, 21133] Full Cost B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C (GTCC) waste at an independent spent fuel storage installation (ISFSI) [Program Code(s): 23200] Full Cost C. Licenses for possession and use of special nuclear material of less than a critical mass as defined in § 70.4 in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers.4 Application [Program Code(s): 22140] $1,200 D. All other special nuclear material licenses, except licenses authorizing special nuclear material in sealed or unsealed form in combination that would constitute a critical mass, as defined in § 70.4 of this chapter, for which the licensee shall pay the same fees as those under Category 1.A.4 Application [Program Code(s): 22110, 22111, 22120, 22131, 22136, 22150, 22151, 22161, 22170, 23100, 23300, 23310] $2,500 E. Licenses or certificates for construction and operation of a uranium enrichment facility [Program Code(s): 21200] Full Cost F. Licenses for possession and use of special nuclear material greater than critical mass as defined in § 70.4 of this chapter, for development and testing of commercial Full Cost products, and other non-fuel-cycle activities.4 [ [Program Code(s): 22155]

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2. Source material11:

A. (1) Licenses for possession and use of source material for refining uranium mill concentrates to uranium hexafluoride or for deconverting uranium hexafluoride in the production of uranium oxides for disposal. [Program Code(s): 11400] Full Cost (2) Licenses for possession and use of source material in recovery operations such as milling, in-situ recovery, heap-leaching, ore buying stations, ion-exchange facilities, and in processing of ores containing source material for extraction of metals other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode.

(a) Conventional and Heap Leach facilities [Program Code(s):

11100] Full Cost (b) Basic In Situ Recovery facilities [Program Code(s):

11500] Full Cost (c) Expanded In Situ Recovery facilities [Program Code(s):

11510] Full Cost (d) In Situ Recovery Resin facilities [Program Code(s):

11550] Full Cost (e) Resin Toll Milling facilities [Program Code(s): 11555] Full Cost (f) Other facilities [Program Code(s): 11700] Full Cost (3) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from other persons for possession and disposal, except those licenses subject to the fees in Category 2.A.(2) or Category 2.A.(4) [Program Code(s): 11600, 12000] Full Cost (4) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licensees milling operations, except those licenses subject to the fees in Category 2.A.(2) [Program Code(s): 12010] Full Cost (5) Licenses that authorize the possession of source material related to removal of contaminants (source material) from drinking water [Program Code(s): 11820] Full Cost B. Licenses which authorize the possession, use, and/or installation of source material for shielding.6, 7, 8 Application [Program Code(s): 11210] $1,200 50

C. Licenses to distribute items containing source material to persons exempt from the licensing requirements of part 40 of this chapter.

Application [Program Code(s): 11240] $2,200 D. Licenses to distribute source material to persons generally licensed under part 40 of this chapter.

Application [Program Code(s): 11230, 11231] $2,700 E. Licenses for possession and use of source material for processing or manufacturing of products or materials containing source material for commercial distribution.

Application [Program Code(s): 11710] $2,600 F. All other source material licenses.

Application [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810] $2,600

3. Byproduct material11:

A. Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1-5. $12,600 Application [Program Code(s): 03211, 03212, 03213]

(1). Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6-20. $16,800 Application [Program Code(s): 03211, 03212, 03213]

(2). Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: more than 20. $21,000 Application [Program Code(s): 03211, 03212, 03213]

B. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1-5.

$3,500 Application [Program Code(s): 03214, 03215, 22135, 22162]

(1). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6-20. $4,600 51

Application [Program Code(s): 03214, 03215, 22135, 22162]

(2). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: more than 20.

$5,800 Application [Program Code(s): 03214, 03215, 22135, 22162]

C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material.

This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 1-5. $5,100 Application [Program Code(s): 02500, 02511, 02513]

(1). Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 6-20. $6,700 Application [Program Code(s): 02500, 02511, 02513]

(2). Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: more than 20. $8,400 Application [Program Code(s): 02500, 02511, 02513]

D. [Reserved] N/A E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units). $3,100 Application [Program Code(s): 03510, 03520]

F. Licenses for possession and use of less than or equal to 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for $6,300 irradiation purposes. This category also includes underwater 52

irradiators for irradiation of materials where the source is not exposed for irradiation purposes.

Application [Program Code(s): 03511]

G. Licenses for possession and use of greater than 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials where the source is not exposed for irradiation purposes. $60,300 Application [Program Code(s): 03521]

H. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of part 30 of this chapter. The category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. $6,500 Application [Program Code(s): 03254, 03255, 03257]

I. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of part 30 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter.

Application [Program Code(s): 03250, 03251, 03252, 03253, $9,700 03256]

J. Licenses issued under subpart B of part 32 of this chapter to distribute items containing byproduct material that require sealed source and/or device review to persons generally licensed under part 31 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter. $1,900 Application [Program Code(s): 03240, 03241, 03243]

K. Licenses issued under subpart B of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require sealed source and/or device review to persons generally licensed under part 31 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this $1,100 chapter.

53

Application [Program Code(s): 03242, 03244]

L. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution.

Number of locations of use: 1-5.

Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613, 04610, 04611, 04612, 04613, 04614, 04615, 04616, 04617, 04618, 04619, $5,300 04620, 04621, 04622, 04623]

(1) Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: 6-20.

Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613, 04610, 04611, 04612, 04613, 04614, 04615, 04616, 04617, 04618, 04619, 04620, 04621, 04622, 04623] $7,100 (2) Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: more than 20.

Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613, 04610, 04611, 04612, 04613, 04614, 04615, 04616, 04617, 04618, 04619, 04620, 04621, 04622, $8,800 04623]

M. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for research and development that do not authorize commercial distribution. $6,900 Application [Program Code(s): 03620]

N. Licenses that authorize services for other licensees, except:

(1) Licenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee Category 3.P.;

and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee Categories 4.A., 4.B., and 4.C. $7,100 Application [Program Code(s): 03219, 03225, 03226]

O. Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. Number of locations of use: 1-5. $3,100 Application [Program Code(s): 03310, 03320]

(1). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. Number of locations $4,100 of use: 6-20.

54

Application [Program Code(s): 03310, 03320]

(2). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. Number of locations of use: more than 20. $5,100 Application [Program Code(s): 03310, 03320]

P. All other specific byproduct material licenses, except those in Categories 4.A. through 9.D. 9 Number of locations of use: 1-5.

Application [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03130, 03140, 03220, $3,300 03221, 03222, 03800, 03810, 22130]

(1). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D. 9 Number of locations of use: 6-20.

Application [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03130, 03140, 03220, $4,500 03221, 03222, 03800, 03810, 22130]

(2). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D. 9 Number of locations of use: more than 20.

Application [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03130, 03140, 03220, 03221, 03222, $5,600 03800, 03810, 22130]

Q. Registration of a device(s) generally licensed under part 31 of this chapter. $700 Registration R. Possession of items or products containing radium-226 identified in 10 CFR 31.12 which exceed the number of items or limits specified in that section.5

1. Possession of quantities exceeding the number of items or limits in 10 CFR 31.12(a)(4), or (5) but less than or equal to 10 times the number of items or limits specified. $2,500 Application [Program Code(s): 02700]

2. Possession of quantities exceeding 10 times the number of items or limits specified in 10 CFR 31.12(a)(4), or (5). $2,400 Application [Program Code(s): 02710]

S. Licenses for production of accelerator-produced radionuclides. $13,800 Application [Program Code(s): 03210]

4. Waste disposal and processing11:

A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for Full Cost incineration or other treatment, packaging of resulting waste and 55

residues, and transfer of packages to another person authorized to receive or dispose of waste material. Application [Program Code(s): 03231, 03233, 03236, 06100, 06101]

B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of packaging or repackaging the material.

The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. $6,700 Application [Program Code(s): 03234]

C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. $4,900 Application [Program Code(s): 03232]

5. Well logging11:

A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies. $4,500 Application [Program Code(s): 03110, 03111, 03112]

B. Licenses for possession and use of byproduct material for field flooding tracer studies.

Licensing [Program Code(s): 03113] Full Cost

6. Nuclear laundries11:

A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material. $21,500 Application [Program Code(s): 03218]

7. Medical licenses11:

A. Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: 1-5. $10,800 Application [Program Code(s): 02300, 02310]

(1). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: 6-20. $14,400 Application [Program Code(s): 02300, 02310]

(2). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: more than

20. $17,900 Application [Program Code(s): 02300, 02310]

56

B. Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. 10 Number of locations of use: 1-

5. $8,400 Application [Program Code(s): 02110]

(1). Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.10 Number of locations of use: 6-

20. $11,200 Application [Program Code(s): 02110]

(2). Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. 10 Number of locations of use:

more than 20. $14,000 Application [Program Code(s): 02110]

C. Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices.

Application [Program Code(s): 02120, 02121, 02200, $5,400 02201, 02210, 02220, 02230, 02231, 02240, 22160]

8. Civil defense11:

A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activities.

Application [Program Code(s): 03710] $2,500

9. Device, product, or sealed source safety evaluation:

A. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, except reactor fuel devices, for commercial distribution. $5,300 Application -- each device B. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material manufactured in accordance with the unique specifications of, and $8,800 for use by, a single applicant, except reactor fuel devices.

57

Application -- each device C. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except reactor fuel, for commercial distribution. $5,100 Application -- each source D. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel. $1,030 Application -- each source

10. Transportation of radioactive material:

A. Evaluation of casks, packages, and shipping containers.

1. Spent Fuel, High-Level Waste, and plutonium air packages Full Cost

2. Other Casks Full Cost B. Quality assurance program approvals issued under part 71 of this chapter.

1. Users and Fabricators.

Application $4,100 Inspections Full Cost

2. Users.

Application $4,100 Inspections Full Cost C. Evaluation of security plans, route approvals, route surveys, and transportation security devices (including immobilization devices). Full Cost

11. Review of standardized spent fuel facilities. Full Cost

12. Special projects:

Including approvals, pre-application/licensing activities, and inspections.

Application [Program Code: 25110] Full Cost

13. A. Spent fuel storage cask Certificate of Compliance. Full Cost B. Inspections related to storage of spent fuel under

§ 72.210 of this chapter. Full Cost

14. Decommissioning/Reclamation11 A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter, including master materials licenses Full Cost (MMLs). The transition to this fee category occurs when a licensee has permanently ceased principal activities. [Program Code(s): 03900, 11900, 21135, 21215, 21240, 21325, 22200]

B. Site-specific decommissioning activities associated with unlicensed sites, including MMLs, regardless of whether or not the sites have been previously licensed. Full Cost

15. Import and Export licenses:

58

Licenses issued under part 110 of this chapter for the import and export only of special nuclear material, source material, tritium and other byproduct material, and the export only of heavy water, or nuclear grade graphite (fee categories 15.A. through 15.E.).

A. Application for export or import of nuclear materials, including radioactive waste requiring Commission and Executive Branch review, for example, those actions under 10 CFR 110.40(b).

Application -- new license, or amendment; or license exemption request $18,900 B. Application for export or import of nuclear material, including radioactive waste, requiring Executive Branch review, but not Commission review. This category includes applications for the export and import of radioactive waste and requires the NRC to consult with domestic host state authorities (i.e., Low-Level Radioactive Waste Compact Commission, the U.S.

Environmental Protection Agency, etc.).

Application -- new license, or amendment; or license exemption request $9,500 C. Application for export of nuclear material, for example, routine reloads of low enriched uranium reactor fuel and/or natural uranium source material requiring the assistance of the Executive Branch to obtain foreign government assurances.

Application -- new license, or amendment; or license exemption request $4,600 D. Application for export or import of nuclear material not requiring Commission or Executive Branch review, or obtaining foreign government assurances.

Application -- new license, or amendment; or license exemption request. $4,600 E. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic information, or make other revisions which do not involve any substantive changes to license terms and conditions or to the type/quantity/chemical composition of the material authorized for export and, therefore, do not require in-depth analysis, review, or consultations with other Executive Branch, U.S.

host state, or foreign government authorities. $2,700 Minor amendment Licenses issued under part 110 of this chapter for the import and export only of Category 1 and Category 2 quantities of radioactive material listed in appendix P to part 110 of this chapter (fee categories 15.F. through 15.R.).

Category 1 (Appendix P, 10 CFR Part 110) Exports:

F. Application for export of appendix P Category 1 materials requiring Commission review (e.g.

exceptional circumstance review under 10 CFR 110.42(e)(4)) and to obtain one government-to-59

government consent for this process. For additional consent see fee category 15.I. $14,900 Application -- new license, or amendment; or license exemption request G. Application for export of appendix P Category 1 materials requiring Executive Branch review and to obtain one government-to-government consent for this process. For additional consents see fee category 15.I. Application -- new license, or amendment; or license exemption request $8,100 H. Application for export of appendix P Category 1 materials and to obtain one government-to-government consent for this process.

For additional consents see fee category 15.I.

Application -- new license, or amendment; or license exemption

$4,100 request I. Requests for each additional government-to-government consent in support of an export license application or active export license.

Application -- new license, or amendment; or license exemption request

$300 Category 2 (Appendix P, 10 CFR Part 110) Exports:

J. Application for export of appendix P Category 2 materials requiring Commission review (e.g. exceptional circumstance review under 10 CFR 110.42(e)(4)).

Application -- new license, or amendment; or license exemption request $14,900 K. Applications for export of appendix P Category 2 materials requiring Executive Branch review.

Application -- new license, or amendment; or license exemption request $8,100 L. Application for the export of Category 2 materials.

Application -- new license, or amendment; or license exemption request $3,200 M. [Reserved] N/A N. [Reserved] N/A O. [Reserved] N/A P. [Reserved] N/A Q. [Reserved] N/A Minor Amendments (Category 1 and 2, Appendix P, 10 CFR Part 110, Export):

R. Minor amendment of any active export license, for example, to extend the expiration date, change domestic information, or make other revisions which do not involve any substantive 60

changes to license terms and conditions or to the type/quantity/chemical composition of the material authorized for export and, therefore, do not require in-depth analysis, review, or consultations with other Executive Branch, U.S. host state, or foreign authorities.

$1,400 Minor amendment

16. Reciprocity:

Agreement State licensees who conduct activities under the reciprocity provisions of 10 CFR 150.20.

Application $1,800

17. Master materials licenses of broad scope issued to Government agencies.

Application [Program Code(s): 03614] Full Cost

18. Department of Energy.

A. Certificates of Compliance. Evaluation of casks, packages, and shipping containers (including spent fuel, high-level waste, and other casks, and plutonium air packages). Full Cost B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities. Full Cost 1Types of fees - Separate charges, as shown in the schedule, will be assessed for pre-application consultations and reviews; applications for new licenses, approvals, or license terminations; possession-only licenses; issuances of new licenses and approvals; certain amendments and renewals to existing licenses and approvals; safety evaluations of sealed sources and devices; generally licensed device registrations; and certain inspections. The following guidelines apply to these charges:

(a) Application and registration fees. Applications for new materials licenses and export and import licenses; applications to reinstate expired, terminated, or inactive licenses, except those subject to fees assessed at full costs; applications filed by Agreement State licensees to register under the general license provisions of 10 CFR 150.20; and applications for amendments to materials licenses that would place the license in a higher fee category or add a new fee category must be accompanied by the prescribed application fee for each category.

(1) Applications for licenses covering more than one fee category of special nuclear material or source material must be accompanied by the prescribed application fee for the highest fee category.

(2) Applications for new licenses that cover both byproduct material and special nuclear material in sealed sources for use in gauging devices will pay the appropriate application fee for fee category 1.C. only.

(b) Licensing fees. Fees for reviews of applications for new licenses, renewals, and amendments to existing licenses, pre-application consultations and other documents submitted to the NRC for review, and project manager time for fee categories subject to full cost fees are due upon notification by the Commission in accordance with

§ 170.12(b).

(c) Amendment fees. Applications for amendments to export and import licenses must be accompanied by the prescribed amendment fee for each license affected. An application for an amendment to an export or import license or approval classified in more than one fee category must be accompanied by the prescribed amendment fee for the category affected by the amendment, unless the amendment is applicable to two or more fee categories, in which case the amendment fee for the highest fee category would apply.

(d) Inspection fees. Inspections resulting from investigations conducted by the Office of Investigations and nonroutine inspections that result from third-party allegations are not subject to fees. Inspection fees are due upon notification by the Commission in accordance with § 170.12(c).

(e) Generally licensed device registrations under 10 CFR 31.5. Submittals of registration information must be accompanied by the prescribed fee.

2 Fees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under 10 CFR 2.202 or for amendments resulting specifically from the requirements of these orders.

For orders unrelated to civil penalties or other civil sanctions, fees will be charged for any resulting licensee-specific activities not otherwise exempted from fees under this chapter. Fees will be charged for approvals issued under a specific exemption provision of the Commissions regulations under title 10 of the Code of Federal Regulations (e.g.,

10 CFR 30.11, 40.14, 70.14, 73.5, and any other sections in effect now or in the future), regardless of whether the 61

approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. In addition to the fee shown, an applicant may be assessed an additional fee for sealed source and device evaluations as shown in fee categories 9.A. through 9.D.

3 Full cost fees will be determined based on the professional staff time multiplied by the appropriate professional hourly rate established in § 170.20 in effect when the service is provided, and the appropriate contractual support services expended.

4 Licensees paying fees under categories 1.A., 1.B., and 1.E. are not subject to fees under categories 1.C.,

1.D. and 1.F. for sealed sources authorized in the same license, except for an application that deals only with the sealed sources authorized by the license.

5 Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this category. (This exception does not apply if the radium sources are possessed for storage only.)

6Licensees subject to fees under fee categories 1.A., 1.B., 1.E., or 2.A. must pay the largest applicable fee and are not subject to additional fees listed in this table.

7 Licensees paying fees under 3.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license.

8 Licensees paying fees under 7.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license.

9 Licensees paying fees under 3.N. are not subject to paying fees under 3.P. for calibration or leak testing services authorized on the same license.

10 Licensees paying fees under 7.B. are not subject to paying fees under 7.C. for broad scope licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices authorized on the same license.

11 A materials license (or part of a materials license) that transitions to fee category 14.A is assessed full-cost fees under 10 CFR part 170, but is not assessed an annual fee under 10 CFR part 171. If only part of a materials license is transitioned to fee category 14.A, the licensee may be charged annual fees (and any applicable 10 CFR part 170 fees) for other activities authorized under the license that are not in decommissioning status.

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

7. The authority citation for part 171 continues to read as follows:

Authority: Atomic Energy Act of 1954, secs. 11, 161(w), 223, 234 (42 U.S.C. 2014, 2201(w), 2273, 2282); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2214; 44 U.S.C. 3504 note.

8. In § 171.3, revise the last sentence to read as follows:

§ 171.3 Scope.

• *

• Notwithstanding the other provisions in this section, the regulations in this part do not apply to uranium recovery and fuel facility licensees until after the Commission verifies 62

through inspection that the facility has been constructed in accordance with the requirements of the license.

§ 171.5 [Amended]

9. In § 171.5, remove the definition of Overhead and General and Administrative costs.

10. In § 171.15, revise paragraphs (b)(1), (b)(2) introductory text, (c)(1), (c)(2) introductory text, (d)(1) introductory text, (d)(2) and (3), and (f) to read as follows:

§ 171.15 Annual fees: Reactor licenses and independent spent fuel storage licenses.

(b)(1) The FY 2018 annual fee for each operating power reactor that must be collected by September 30, 2018, is $4,559,000.

(2) The FY 2018 annual fees are comprised of a base annual fee for power reactors licensed to operate, a base spent fuel storage/reactor decommissioning annual fee, and associated additional charges (fee-relief adjustment). The activities comprising the spent fuel storage/reactor decommissioning base annual fee are shown in paragraphs (c)(2)(i) and (ii) of this section. The activities comprising the FY 2018 fee-relief adjustment are shown in paragraph (d)(1) of this section. The activities comprising the FY 2018 base annual fee for operating power reactors are as follows:

(c)(1) The FY 2018 annual fee for each power reactor holding a 10 CFR part 50 license that is in a decommissioning or possession-only status and has spent fuel onsite, and for each independent spent fuel storage 10 CFR part 72 licensee who does not hold a 10 CFR part 50 license, is $225,000.

63

(2) The FY 2018 annual fee is comprised of a base spent fuel storage/reactor decommissioning annual fee (which is also included in the operating power reactor annual fee shown in paragraph (b) of this section) and a fee-relief adjustment. The activities comprising the FY 2018 fee-relief adjustment are shown in paragraph (d)(1) of this section. The activities comprising the FY 2018 spent fuel storage/reactor decommissioning rebaselined annual fee are:

(d)(1) The fee-relief adjustment allocated to annual fees includes a surcharge for the activities listed in paragraph (d)(1)(i) of this section, plus the amount remaining after total budgeted resources for the activities included in paragraphs (d)(1)(ii) and (iii) of this section are reduced by the appropriations the NRC receives for these types of activities. If the NRCs appropriations for these types of activities are greater than the budgeted resources for the activities included in paragraphs (d)(1)(ii) and (iii) of this section for a given fiscal year, annual fees will be reduced. The activities comprising the FY 2018 fee-relief adjustment are as follows:

(2) The total FY 2018 fee-relief adjustment allocated to the operating power reactor class of licenses is a $5,761,255 fee-relief surcharge, not including the amount allocated to the spent fuel storage/reactor decommissioning class. The FY 2018 operating power reactor fee-relief adjustment to be assessed to each operating power reactor is approximately a $58,195 fee-relief surcharge. This amount is calculated by dividing the total operating power reactor fee-relief surplus adjustment, $5,761,255, by the number of operating power reactors (99).

(3) The FY 2018 fee-relief adjustment allocated to the spent fuel storage/reactor decommissioning class of licenses is a $225,000 fee-relief surcharge. The FY 2018 spent fuel storage/reactor decommissioning fee relief adjustment to be assessed to each operating power reactor, each power reactor in decommissioning or possession-only status that has spent fuel 64

onsite, and to each independent spent fuel storage 10 CFR part 72 licensee who does not hold a 10 CFR part 50 license, is a $1,844 fee-relief assessment. This amount is calculated by dividing the total fee-relief adjustment costs allocated to this class by the total number of power reactors licenses, except those that permanently ceased operations and have no fuel onsite, and 10 CFR part 72 licensees who do not hold a 10 CFR part 50 license.

(f) The FY 2018 annual fees for licensees authorized to operate a research or test (non-power) reactor licensed under 10 CFR part 50, unless the reactor is exempted from fees under

§ 171.11(a), are as follows:

Research reactor $81,300 Test reactor $81,300

11. In § 171.16, revise paragraphs (a)(2), (d), and (e) introductory text to read as follows:

§ 171.16 Annual fees: Materials licensees, holders of certificates of compliance, holders of sealed source and device registrations, holders of quality assurance program approvals, and government agencies licensed by the NRC.

(a)***

(2) Notwithstanding the other provisions in this section, the regulations in this part do not apply to uranium recovery and fuel facility licensees until after the Commission verifies through inspection that the facility has been constructed in accordance with the requirements of the license.

(d) The FY 2018 annual fees are comprised of a base annual fee and an allocation for fee-relief adjustment. The activities comprising the FY 2018 fee-relief adjustment are shown for 65

convenience in paragraph (e) of this section. The FY 2018 annual fees for materials licensees and holders of certificates, registrations, or approvals subject to fees under this section are shown in the following table:

SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC

[See footnotes at end of table]

Category of materials licenses Annual fees1, 2, 3

1. Special nuclear material:

A. (1) Licenses for possession and use of U-235 or plutonium for fuel fabrication activities.

(a) Strategic Special Nuclear Material (High Enriched Uranium) $7,726,000

[Program Code(s): 21130]

(b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel [Program $2,799,000 Code(s): 21210]

(2) All other special nuclear materials licenses not included in Category 1.A.(1) which are licensed for fuel cycle activities.

(a) Facilities with limited operations [Program Code(s): 21310, N/A 21320]

(b) Gas centrifuge enrichment demonstration facilities N/A (c) Others, including hot cell facilities N/A B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C (GTCC) waste at an independent spent fuel storage installation (ISFSI) [Program Code(s): 23200] 11N/A C. Licenses for possession and use of special nuclear material of less than a critical mass, as defined in § 70.4 of this chapter, in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers. [Program Code(s): 22140] $3,000 D. All other special nuclear material licenses, except licenses authorizing special nuclear material in sealed or unsealed form in combination that would constitute a critical mass, as defined in § 70.4 of this chapter, for which the licensee shall pay the same fees as those under Category 1.A. [Program Code(s): 22110, 22111, 22120, 22131, 22136, 22150, 22151, 22161, 22170, 23100, 23300, 23310]

$8,400 E. Licenses or certificates for the operation of a uranium enrichment facility [Program Code(s): 21200] $3,695,000 F. Licenses for possession and use of special nuclear materials greater than critical mass, as defined in § 70.4 of this chapter, for development $6,400 66

and testing of commercial products, and other non-fuel cycle activities4.

[Program Code: 22155]

2. Source material:

A. (1) Licenses for possession and use of source material for refining uranium mill concentrates to uranium hexafluoride or for deconverting uranium hexafluoride in the production of uranium oxides for disposal.

[Program Code: 11400] $1,596,000 (2) Licenses for possession and use of source material in recovery operations such as milling, in-situ recovery, heap-leaching, ore buying stations, ion-exchange facilities and in-processing of ores containing source material for extraction of metals other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode.

(a) Conventional and Heap Leach facilities [Program Code(s): $38,800 11100]

(b) Basic In Situ Recovery facilities [Program Code(s): $49,200 11500]

(c) Expanded In Situ Recovery facilities [Program Code(s):

11510] $55,600 (d) In Situ Recovery Resin facilities [Program Code(s):

11550] 5N/A (e) Resin Toll Milling facilities [Program Code(s): 11555] 5N/A (3) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from other persons for possession and disposal, except those licenses subject to the fees in Category 2.A.(2) or Category 2.A.(4) [Program Code(s):

11600, 12000] 5N/A (4) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licensees milling operations, except those licenses subject to the fees in Category 2.A.(2) [Program Code(s): 12010] $22,000 (5) Licenses that authorize the possession of source material related to removal of contaminants (source material) from drinking water

[Program Code(s): 11820] $6,500 B. Licenses that authorize possession, use, and/or installation of source material for shielding.15,16,17, 20 [Program Code: 11210] $3,300 C. Licenses to distribute items containing source material to persons exempt from the licensing requirements of part 40 of this chapter.

[Program Code: 11240] $5,500 D. Licenses to distribute source material to persons generally licensed under part 40 of this chapter [Program Code(s): 11230 and 11231] $6,400 67

E. Licenses for possession and use of source material for processing or manufacturing of products or materials containing source material for commercial distribution.

[Program Code: 11710] $7,800 F. All other source material licenses.

[Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810] $10,300

3. Byproduct material:

A. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1-5. $32,800

[Program Code(s): 03211, 03212, 03213]

(1). Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct

$43,200 material for commercial distribution. Number of locations of use:

6-20.

[Program Code(s): 03211, 03212, 03213]

(2). Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct $53,800 material for commercial distribution. Number of locations of use:

more than 20.

[Program Code(s): 03211, 03212, 03213]

B. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution.

Number of locations of use: 1-5.

$12,700

[Program Code(s): 03214, 03215, 22135, 22162]

(1). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for

$16,400 commercial distribution. Number of locations of use: 6-20.

[Program Code(s): 03214, 03215, 22135, 22162]

(2). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for $20,300 commercial distribution. Number of locations of use: more than 20.

[Program Code(s): 03214, 03215, 22135, 22162]

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C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 1-5.

[Program Code(s): 02500, 02511, 02513] $12,900 (1). Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits,

$16,600 and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 6-20.

[Program Code(s): 02500, 02511, 02513]

(2). Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits,

$20,500 and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: more than 20.

[Program Code(s): 02500, 02511, 02513]

D. [Reserved] 5N/A E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units) [Program Code(s): 03510, 03520] $10,500 F. Licenses for possession and use of less than or equal to 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials in which the source is not exposed for irradiation purposes [Program Code(s):

03511] $11,700 G. Licenses for possession and use of greater than 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials in which the source is not exposed for irradiation purposes [Program Code(s):

03521] $96,700 H. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of part 30 of this $11,800 69

chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter [Program Code(s):

03254, 03255, 03257]

I. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of part 30 of this chapter, except for specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter [Program Code(s): 03250, 03251, 03252, 03253, 03256] $16,500 J. Licenses issued under subpart B of part 32 of this chapter to distribute items containing byproduct material that require sealed source and/or device review to persons generally licensed under part 31 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter [Program Code(s): 03240, 03241, 03243] $4,400 K. Licenses issued under subpart B of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require sealed source and/or device review to persons generally licensed under part 31 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter [Program Code(s): 03242, 03244] $3,200 L. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: 1-5. [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] $16,000 (1) Licenses of broad scope for possession and use of product material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: 6-20. [Program Code(s): 04610, 04612, 04614, 04616, 04618, 04620, 04622] $20,900 (2) Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize $25,700 commercial distribution. Number of locations of use: more than 20. [Program Code(s): 04611, 04613, 04615, 04617, 04619, 04621, 04623]

M. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for research and development that do not authorize commercial distribution [Program Code(s): 03620] $14,800 N. Licenses that authorize services for other licensees, except: (1)

Licenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee Category 3.P.; and (2)

Licenses that authorize waste disposal services are subject to the fees specified in fee categories 4.A., 4.B., and 4.C.20 [Program $19,200 Code(s): 03219, 03225, 03226]

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O. Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when authorized on the same license Number of locations of use: 1-5. [Program Code(s): $25,700 03310, 03320]

(1). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations.

This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when $34,300 authorized on the same license. Number of locations of use: 6-20.

[Program Code(s): 03310, 03320]

(2). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations.

This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when $42,600 authorized on the same license. Number of locations of use: more than 20. [Program Code(s): 03310, 03320]

P. All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18, 20 Number of locations of use: 1-5.

[Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03140, 03130, 03220, 03221, 03222, 03800, 03810, 22130] $9,000 (1). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18, 20 Number of locations of use: 6-20.

[Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, $12,000 03124, 03140, 03130, 03220, 03221, 03222, 03800, 03810, 22130]

(2). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18, 20 Number of locations of use: more than 20. $15,000

[Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03140, 03130, 03220, 03221, 03222, 03800, 03810, 22130]

Q. Registration of devices generally licensed under part 31 of this chapter 13N/A R. Possession of items or products containing radium-226 identified in 10 CFR 31.12 which exceed the number of items or limits specified in that section:14 $7,400 (1). Possession of quantities exceeding the number of items or limits in 10 CFR 31.12(a)(4), or (5) but less than or equal to 10 times the number of items or limits specified [Program Code(s): 02700]

(2). Possession of quantities exceeding 10 times the number of items or limits specified in 10 CFR 31.12(a)(4) or (5) [Program $7,700 Code(s): 02710]

S. Licenses for production of accelerator-produced radionuclides

[Program Code(s): 03210] $31,700

4. Waste disposal and processing:

A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency storage of 71

low-level radioactive waste at the site of nuclear power reactors; or 5N/A licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authorized to receive or dispose of waste material [Program Code(s): 03231, 03233, 03235, 03236, 06100, 06101]

B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material [Program Code(s): $20,400 03234]

C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material

[Program Code(s): 03232] $12,000

5. Well logging:

A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies [Program Code(s): 03110, 03111, 03112] $15,600 B. Licenses for possession and use of byproduct material for field flooding tracer studies. [Program Code(s):

03113] 5N/A

6. Nuclear laundries:

A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material

[Program Code(s): 03218] $38,900

7. Medical licenses:

A. Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.

Number of locations of use: 1-5. [Program Code(s): 02300, 02310] $21,700 (1). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.

Number of locations of use: 6-20. [Program Code(s): 02300, 02310] $31,800 (2). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. This category also includes the possession and use of $35,900 72

source material for shielding when authorized on the same license.

Number of locations of use: more than 20. [Program Code(s):

02300, 02310]

B. Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 Number of locations of use: 1-5. [Program Code(s): 02110] $32,700 (1). Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 Number of locations of use: 6-20. [Program Code(s): 02110] $43,100 (2). Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 Number of locations of use: more than 20.

[Program Code(s): 02110] $53,300 C. Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9, 19 [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] $14,500

8. Civil defense:

A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activities

[Program Code(s): 03710] $7,400

9. Device, product, or sealed source safety evaluation:

A. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, except reactor fuel devices, for commercial distribution $7,800 B. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, or special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices $12,900 73

C. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except reactor fuel, for commercial distribution $7,500 D. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel $1,500

10. Transportation of radioactive material:

A. Certificates of Compliance or other package approvals issued for design of casks, packages, and shipping containers.

1. Spent Fuel, High-Level Waste, and plutonium air packages 6N/A

2. Other Casks 6N/A B. Quality assurance program approvals issued under part 71 of this chapter.

1. Users and Fabricators 6N/A

2. Users 6N/A C. Evaluation of security plans, route approvals, route surveys, and transportation security devices (including immobilization devices) 6N/A

11. Standardized spent fuel facilities 6N/A

12. Special Projects [Program Code(s): 25110] 6N/A

13. A. Spent fuel storage cask Certificate of Compliance 6N/A B. General licenses for storage of spent fuel under 10 CFR 72.210 12N/A

14. Decommissioning/Reclamation:

A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter, including master materials licenses (MMLs). The transition to this fee category occurs when a licensee has permanently ceased 7,21$0 principal activities. [Program Code(s): 03900, 11900, 21135, 21215, 21240, 21325, 22200]

B. Site-specific decommissioning activities associated with unlicensed sites, including MMLs, whether or not the sites have been previously licensed 7N/A

15. Import and Export licenses 8N/A

16. Reciprocity 8N/A

17. Master materials licenses of broad scope issued to Government agencies [Program Code(s): 03614] $334,000

18. Department of Energy:

A. Certificates of Compliance 10$1,405,000 B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities $188,000 74

1 Annual fees will be assessed based on whether a licensee held a valid license with the NRC authorizing possession and use of radioactive material during the current FY. The annual fee is waived for those materials licenses and holders of certificates, registrations, and approvals who either filed for termination of their licenses or approvals or filed for possession only/storage licenses before October 1 of the current FY, and permanently ceased licensed activities entirely before this date. Annual fees for licensees who filed for termination of a license, downgrade of a license, or for a possession-only license during the FY and for new licenses issued during the FY will be prorated in accordance with the provisions of § 171.17. If a person holds more than one license, certificate, registration, or approval, the annual fee(s) will be assessed for each license, certificate, registration, or approval held by that person. For licenses that authorize more than one activity on a single license (e.g., human use and irradiator activities), annual fees will be assessed for each category applicable to the license.

2 Payment of the prescribed annual fee does not automatically renew the license, certificate, registration, or approval for which the fee is paid. Renewal applications must be filed in accordance with the requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter.

3 Each FY, fees for these materials licenses will be calculated and assessed in accordance with § 171.13 and will be published in the Federal Register for notice and comment.

4 Other facilities include licenses for extraction of metals, heavy metals, and rare earths.

5 There are no existing NRC licenses in these fee categories. If NRC issues a license for these categories, the Commission will consider establishing an annual fee for this type of license.

6 Standardized spent fuel facilities, 10 CFR parts 71 and 72 Certificates of Compliance and related Quality Assurance program approvals, and special reviews, such as topical reports, are not assessed an annual fee because the generic costs of regulating these activities are primarily attributable to users of the designs, certificates, and topical reports.

7Licensees in this category are not assessed an annual fee because they are charged an annual fee in other categories while they are licensed to operate.

8 No annual fee is charged because it is not practical to administer due to the relatively short life or temporary nature of the license.

9 Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions that also hold nuclear medicine licenses under fee categories 7.A, 7.B. or 7.C.

10 This includes Certificates of Compliance issued to the U.S. Department of Energy that are not funded from the Nuclear Waste Fund.

11 See § 171.15(c).

12 See § 171.15(c).

13 No annual fee is charged for this category because the cost of the general license registration program applicable to licenses in this category will be recovered through 10 CFR part 170 fees.

14 Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this category. (This exception does not apply if the radium sources are possessed for storage only.)

15Licensees subject to fees under categories 1.A., 1.B., 1.E., 2.A., and licensees paying fees under fee category 17 must pay the largest applicable fee and are not subject to additional fees listed in this table.

16 Licensees paying fees under 3.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license.

17 Licensees paying fees under 7.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license.

18 Licensees paying fees under 3.N. are not subject to paying fees under 3.P. for calibration or leak testing services authorized on the same license.

19 Licensees paying fees under 7.B. are not subject to paying fees under 7.C. for broad scope license licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices authorized on the same license.

20 Licensees are exempt from paying annual fees under this fee category when they are licensed under multiple fee categories.

21 No annual fee is charged for a materials license (or part of a materials license) that has transitioned to this fee category because the decommissioning costs will be recovered through 10 CFR part 170 fees, but annual fees may be charged for other activities authorized under the license that are not in decommissioning status.

75

(e) The fee-relief adjustment allocated to annual fees includes the budgeted resources for the activities listed in paragraph (e)(1) of this section, plus the total budgeted resources for the activities included in paragraphs (e)(2) and (3) of this section, as reduced by the appropriations the NRC receives for these types of activities. If the NRCs appropriations for these types of activities are greater than the budgeted resources for the activities included in paragraphs (e)(2) and (3) of this section for a given fiscal year, a negative fee-relief adjustment (or annual fee reduction) will be allocated to annual fees. The activities comprising the FY 2018 fee-relief adjustment are as follows:

12. In § 171.17, revise paragraph (a) introductory text to read as follows:

§ 171.17 Proration.

(a) Reactors, 10 CFR part 72 licensees who do not hold 10 CFR part 50 licenses, and materials licenses with annual fees of $100,000 or greater for a single fee category. The NRC will base the proration of annual fees for terminated and downgraded licensees on the fee rule in effect at the time the action is official. The NRC will base the determinations on the proration requirements under paragraphs (a)(2) and (3) of this section.

Dated at Rockville, Maryland, this 10th day of January 2018 For the Nuclear Regulatory Commission.

/RA/

Maureen E. Wylie, Chief Financial Officer.

76

SUBJECT:

PROPOSED FEE RULE, DATED Adams: Yes No Initials: Initials: RM SUNSI Review: RM Publicly Available Non-Publicly Available Sensitive Non-Sensitive ADAMS ACCESSION NO: ML17313A419 *via email **see email OCFO OFFICE DPB/LFT DPB/LFT DPB/LFT DD/DPB NAME RMurray CGalster* WBlaney* RAllwein*

DATE 11/20/17 12/18/17 12/18/17 12/15/17 OFFICE D/DPB DOC NMSS/DRM/RSRB NSIR NAME MKaplan GSPeterson CBladey* BMcDermott*

DATE 12/18/17 12/27/17 12/15/17 12/15/17 OFFICE OIP OGC NRR NRO NAME NMamish* MAlbert* BHolian* VOrdaz*

DATE 12/14/17 12/29/17 12/21/17 12/15/17 OFFICE RES NMSS OCFO/DPB NAME MWeber* SMoore* SCoffin*

DATE 12/11/17 12/19/17 12/15/17 OFFICE CIO DCFO EDO CFO NAME DCullison BFicks VMcCree MEWylie DATE 12/27/17 01/02/18 01/05/18 01/10/18 OFFICIAL RECORD COPY