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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules
6 Licensees 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., 3.C.1, or 3.C.2 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., 3.P.1, or 3.P.2 for calibration or leak testing services authorized on the same license.
10 Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject to paying fees under 7.C., 7.C.1, or 7.C.2. 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.

11. Revise 170.51 to read as follows:

170.51

Right to dispute assessed fees.

All debtors disputes of fees assessed must be submitted in accordance with 10 CFR 15.31, Disputed Debts.
PART 171ANNUAL 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
12. The authority citation for part 171
is revised to read as follows:

Authority: Atomic Energy Act of 1954, secs. 11, 161w, 223, 234 42 U.S.C. 2014, 2201w, 2273, 2282; Energy Reorganization Act of 1974, sec. 201 42 U.S.C. 5841; 42
U.S.C. 2215; 44 U.S.C. 3504 note.

13. Revise 171.3 to read as follows:

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171.3

Scope.

The regulations in this part apply to any person holding an operating license for a non-power production or utilization facility issued under part 50
of this chapter that has provided notification to the NRC that the licensee has successfully completed startup testing, and to any person holding an operating license for a power reactor or small modular reactor licensed under 10
CFR part 50 or a combined license issued under 10 CFR part 52 that has provided notification to the NRC that the licensee has successfully completed power ascension testing. The regulations in this part also apply to any person holding a materials license as defined in this part, a Certificate of Compliance, a sealed source or device registration, a quality assurance program approval, and to a Government agency as defined in this part. 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
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accordance with the requirements of the license.
14. In 171.5, revise the definition of Budget authority and add a definition for Non-power production or utilization facility in alphabetical order to read as follows:

171.5

a Each person holding an operating license for one or more non-power production or utilization facilities under 10 CFR part 50 that has provided notification to the NRC of the successful completion of startup testing; each person holding an operating license for a power reactor licensed under 10 CFR
part 50 or a combined license under 10
CFR part 52 that has provided notification to the NRC of the successful completion of power ascension testing;
each person holding a 10 CFR part 50
or 10 CFR part 52 power reactor license that is in decommissioning or possession only status, except those that have no spent fuel onsite; and each person holding a 10 CFR part 72 license who does not hold a 10 CFR part 50 or 10 CFR part 52 license and provides notification in accordance with 10 CFR
72.80g, shall pay the annual fee for each license held during the Federal fiscal year in which the fee is due. This paragraph a does not apply to test or research reactors exempted under 171.11b.
b1 The FY 2021 annual fee for each operating power reactor that must be collected by September 30, 2021, is $4,804,000.
2 The FY 2021 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. The activities comprising the spent fuel storage/reactor decommissioning base annual fee are shown in paragraphs c2i and ii of this section. The activities comprising the FY 2021 base annual fee for operating power reactors are as follows:

c1 The FY 2021 annual fee for each power reactor holding a 10 CFR part 50

Definitions.

Budget authority means the authority, in the form of appropriations, provided by law and becoming available during the year, to enter into obligations that will result in immediate or future outlays involving Federal Government funds. The appropriation is an authorization by an Act of Congress that permits the NRC to incur obligations and to make payments out of the Treasury for specified purposes. Fees assessed pursuant to Public Law 115
439 are based on NRC budget authority.

Non-power production or utilization facility means a production or utilization facility licensed under 10
CFR 50.21a or c, or 10 CFR 50.22, as applicable, that is not a nuclear power reactor or production facility as defined under paragraphs 1 and 2 of the definition of production facility in 10
CFR 50.2.

15. In 171.11, revise paragraph c to read as follows:
171.11

Exemptions.

c The Commission may, upon application by an interested person or on its own initiative, grant an exemption from the requirements of this part that it determines is authorized by law and otherwise in the public interest.

16. In 171.15:
a. Revise the section heading;
b. Revise paragraphs a, b1, b2
introductory text, c1, and c2
introductory text;
c. Remove paragraph d;
d. Redesignate paragraphs e and f as paragraphs d and e; and
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e. Revise newly designated paragraphs d and e.
The revisisons read as follows:

171.15 Annual fees: Non-power production or utilization licenses, reactor licenses, and independent spent fuel storage licenses.

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