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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules TABLE VIANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORSContinued Dollars in millions FY 2020
final
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Summary fee calculations
FY 2021
proposed
Net 10 CFR part 171 resources
Allocated generic transportation
Fee-relief adjustment
Allocated LLW surcharge
Billing adjustment
Adjustment: Estimated current year collections from terminated reactor Indian Point Generating, Unit 2 in FY
2020 and Indian Point Generating, Unit 3 in FY 2021

437.2
0.2
1.2
3.1
2.4

454.8
0.3
N/A
2.9
8.4

2.7

2.7

Total required annual fee recovery

439.0

446.8

Total operating reactors

95

93

Annual fee per reactor

4.621

4.804

In comparison to FY 2020, the FY
2021 proposed annual fee for the operating power reactors fee class is increasing primarily due to the following: 1 The decline in 10 CFR
part 170 estimated billings; 2 the reduction in the fleet due to the closure of Duane Arnold and Indian Point Energy Center Indian Point Unit 3; and 3 the absence of the fee-relief adjustment. The increase in the proposed annual fee for the operating power reactors fee class is partially offset due to the following: 1 The decrease in budgeted resources and 2
a billing adjustment and current year collection adjustment. These components are discussed below.
The 10 CFR part 170 estimated billings declined primarily due to the following: 1 The decrease due to the plant closures of Indian Point Unit 3
closing in April 2021 and Duane Arnold closing in October 2020; 2 the completion of construction activities at Vogtle Electric Generating Plant, Unit 3
Vogtle Unit 3; and 3 the completion of the NuScale small modular reactor SMR Design Certification review. This decrease in the 10 CFR part 170
estimated billings is partially offset by increased work to support the following:
1 The review of the Oklo Power LLC
combined license application for the Aurora micro reactor, which was docketed in June 2020; and 2
inspection activities in order to perform inspections that were deferred due to the COVID19 public health emergency.
In addition, as a result of the revised fee-recovery framework under NEIMA, the FY 2021 proposed annual fee increased due to the absence of the feerelief adjustment that was made for FY
2020. Because NEIMA eliminated the approximately 90 percent requirement for fee recovery and, in turn, the 10
percent limit on fee-relief activities, the NRC will no longer provide a fee-relief
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credit or assess a fee-relief surcharge as part of the calculation of annual fees for each licensee fee class.
The increase in the annual fee is partially offset by a decline in FTEs that includes, but is not limited to, the following: 1 The completion of probabilistic risk assessment reviews related to lessons learned from the accident at Fukushima Dai-ichi in Japan; 2 the closure of Duane Arnold;
3 reduced workload associated with significance determinations, operating experience evaluations, and generic communications development; 4 the completion of the NuScale SMR Design Certification review; 5 a decrease in licensing actions resulting from the completion of construction of Vogtle Unit 3 and reduced demand for operator licensing and vendor inspection work as Vogtle Unit 3 will be transitioning to operational; and 6 decreases in research workload in areas of flooding, high energy arc faulting testing, and the near completion of the Level 3
probabilistic risk assessment project.
The decrease in the budgeted resources is offset by an increase for certain contract costs due to a reduction in the utilization of prior-year unobligated carryover funding and an increase in the fully costed FTE rate compared to FY
2020.
In addition, the increase in the annual fee is partially offset by the $8,444,731
billing adjustment that was included in the operating power reactors calculation due to the deferral of annual fees and fees for services due to the COVID19
public health emergency, and a $2,700,000 current year collection adjustment in the operating power reactors fee class calculation due to the shutdown of Indian Point Unit 3.
The recoverable budgeted costs are divided equally among the 93 licensed operating power reactors, a decrease of two operating power reactors compared
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to FY 2020 due to the closure of Duane Arnold and Indian Point Unit 3, resulting in an annual fee of $4,804,000
per reactor. Additionally, each licensed operating power reactor is assessed the FY 2021 spent fuel storage/reactor decommissioning annual fee of $246,000 see Table VII and the discussion that follows. The combined FY 2021 annual fee for each operating power reactor is $5,050,000.
The NRC included an estimate of the operating power reactors annual fee in Appendix C, Estimated Operating Power Reactors Annual Fee, of the FY
2021 CBJ, with the intent to increase transparency with stakeholders. The NRC developed this estimate based on the staffs allocation of the FY 2021
budget request to fee classes under 10
CFR part 170, and allocations within the operating power reactors fee class under 10 CFR part 171. In addition, the estimated annual fee assumed 93
operating power reactors in FY 2021
and applied various data assumptions from the FY 2019 final fee rule. Based on these allocations and assumptions, the operating power reactor annual fee included in the FY 2021 CBJ was estimated to be $4.8 million, approximately $0.6 million below the FY 2015 operating power reactors annual fee amount adjusted for inflation of $5.4 million. Collectively, these actions serve to mitigate impacts resulting from licensees leaving the fee class and help the NRC continue to develop budgets that account for a fee class with a declining number of licensees. Although the FY 2021 CBJ
included the estimated operating power reactors annual fee, the assumptions made above between budget formulation and the development of the FY 2021
proposed rule have changed, as shown in Table VI.
In FY 2016, the NRC amended its licensing, inspection, and annual fee
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