42 USC 2215 - Nuclear Regulatory Commission user fees and annual charges for fiscal year 2021 and each fiscal year thereafter

U.S Code last checked for updates: Nov 22, 2024

§ 2215.

Nuclear Regulatory Commission user fees and annual charges for fiscal year 2021 and each fiscal year thereafter

(a)

Annual budget justification

(1)

In general

(2)

Restriction

(3)

Limitation on corporate support costs

With respect to the annual budget justification submitted to Congress, corporate support costs, to the maximum extent practicable, shall not exceed the following percentages of the total budget authority of the Commission requested in the annual budget justification:

(A)

30 percent for each of fiscal years 2021 and 2022.

(B)

30 percent for fiscal year 2025 and each fiscal year thereafter.

(b)

Fees and charges

(1)

Annual assessment

(A)

In general

Each fiscal year, the Commission shall assess and collect fees and charges in accordance with paragraphs (2) and (3) in a manner that ensures that, to the maximum extent practicable, the amount assessed and collected is equal to an amount that approximates—

(i)

the total budget authority of the Commission for that fiscal year; less

(ii)

the budget authority of the Commission for the activities described in subparagraph (B).

(B)

Excluded activities described

The activities referred to in subparagraph (A)(ii) are the following:

(i)

Any fee relief activity, as identified by the Commission.

(ii)

Amounts appropriated for a fiscal year to the Commission—

(I)

from the Nuclear Waste Fund established under section 10222(c) of this title;

(II)

for implementation of section 3116 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2601 note; 1

 See References in Text note below.

Public Law 108–375);

(III)

for the homeland security activities of the Commission (other than for the costs of fingerprinting and background checks required under section 2169 of this title and the costs of conducting security inspections);

(IV)

for the Inspector General services of the Commission provided to the Defense Nuclear Facilities Safety Board;

(V)

for research and development at universities in areas relevant to the mission of the Commission; and

(VI)

for a nuclear science and engineering grant program that will support multiyear projects that do not align with programmatic missions but are critical to maintaining the discipline of nuclear science and engineering.

(iii)

Costs for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies, including activities required under section 103.¹

(C)

Exception

(D)

Report

(2)

Fees for service or thing of value

(3)

Annual charges

(A)

In general

(B)

Cap on annual charges of certain licensees

(i)

Operating reactors

(ii)

Waiver

(C)

Amount per licensee

(i)

In general

(ii)

Requirement

The schedule of annual charges under clause (i)—

(I)

to the maximum extent practicable, shall be reasonably related to the cost of providing regulatory services; and

(II)

may be based on the allocation of the resources of the Commission among licensees or certificate holders or classes of licensees or certificate holders.

(D)

Exemption

(i)

Definition of research reactor

In this subparagraph, the term “research reactor” means a nuclear reactor that—

(I)

is licensed by the Commission under section 2134(c) of this title for operation at a thermal power level of not more than 10 megawatts; and

(II)

if licensed under subclause (I) for operation at a thermal power level of more than 1 megawatt, does not contain—

(aa)

a circulating loop through the core in which the licensee conducts fuel experiments;

(bb)

a liquid fuel loading; or

(cc)

an experimental facility in the core in excess of 16 square inches in cross-section.

(ii)

Exemption

(c)

Performance and reporting

(1)

In general

Not later than 180 days after January 14, 2019, the Commission shall develop for the requested activities of the Commission—

(A)

performance metrics; and

(B)

milestone schedules.

(2)

Delays in issuance of final safety evaluation

(3)

Delays in issuance of final safety evaluation exceeding 90 days

(4)

Periodic updates to metrics and schedules

(A)

Review and assessment

(B)

Revisions

(d)

Accurate invoicing

With respect to invoices for fees described in subsection (b)(2), the Commission shall—

(1)

ensure appropriate review and approval prior to the issuance of invoices;

(2)

develop and implement processes to audit invoices to ensure accuracy, transparency, and fairness; and

(3)

modify regulations to ensure fair and appropriate processes to provide licensees and applicants an opportunity to efficiently dispute or otherwise seek review and correction of errors in invoices for those fees.

(e)

Report

(f)

Effective date

(Pub. L. 115–439, title I, § 102, Jan. 14, 2019, 132 Stat. 5568; Pub. L. 118–67, div. B, title I, § 101(c)(1), title II, §§ 201(b)–(d), 204(a), title V, §§ 503(b), 504, July 9, 2024, 138 Stat. 1450, 1456, 1460, 1476, 1477.)

cite as: 42 USC 2215