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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations TABLE XVIIIDISTRIBUTION OF TRANSPORTATION RESOURCES, FY 2021Continued Dollars in millions Number of CoCs benefiting fee class or DOE

Licensee fee class/DOE

Allocated generic transportation resources
DOE

21.0

23.7

1.4

Total

88.7

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.
FY 2021Policy Changes The NRC is making two policy changes for FY 2021:

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Percentage of total CoCs
Process for Disputing Errors in Invoices for Service Fees Section 102d3 of NEIMA requires the NRC to 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 service fees. The NRC is implementing requirements for a standard method for licensees and applicants to efficiently dispute or seek review and correction of errors in invoices. The process being implemented is illustrated in the process map, NRC Form 529, Processing Dispute of Fees-For-Service Charges ADAMS Accession No.
ML20311A159. This process follows the established method for licensees and applicants to submit requests for the review of fees assessed under 10 CFR
part 170 ADAMS Accession No.
ML20104C055. The NRC Form 529 will be available in the agencys eBilling system and on the agencys public website, and can be found under ADAMS Accession No. ML20339A673.
Standard use of an NRC form and amendments to the current regulations in 15.31 will increase efficiency by providing the licensees and applicants with clear guidelines and expectations for submitting a fee dispute. It also eliminates ambiguity regarding the appropriate information needed for the NRC to consider and make a determination on a fee dispute.
In response to NEIMAs requirement that the NRC modify its regulations to provide licensees and applicants an opportunity to efficiently dispute or otherwise seek review and correction of errors in service fee invoices, the NRC

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is revising its regulations. Specifically the NRC is revising 15.31, Disputed debts, with conforming amendments in 15.37, Interest, penalties, and administrative costs, and 15.53, Reasons for suspending collection action, and changing the heading for 170.51, Right to review and appeal of prescribed fees, to Right to dispute assessed fees. The NRC is also adding a new section, 171.26, Right to dispute assessed fees, to 10 CFR part 171. These changes outline the interactions between the submitter and the NRC. The process will enhance understanding of the dispute process by setting out the process for submitting a fee dispute, the stages of the decisionmaking process while the dispute is under review, and the manner by which the NRC will notify a debtor after it makes a final determination on a dispute. Additionally, these amendments provide consistent terminology to differentiate fee disputes under 10 CFR part 15 from fee exemptions under 10 CFR parts 170 and 171.
Assessment of Annual Fees for Future 10 CFR Part 50 Non-Power Production or Utilization Facility Licensees and for Small Modular Reactor Licensees The NRC is amending 171.15a so that the assessment of annual fees commences after future non-power production or utilization facility NPUF
licensees have successfully completed startup testing and have provided written notification to the NRC. In addition, the NRC is renaming the research and test reactors fee class the non-power production or utilization facilities fee class, which would include currently operating research and test reactors and future NPUFs, such as non-reactor NPUF technologies.
Finally, the NRC is amending 171.15e so that the assessment of annual fees for a SMR licensee commences after the successful completion of power ascension testing and the licensee provides written notification to the NRC. These policy changes are consistent with the FY 2020

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final fee rule 85 FR 37250; June 19, 2020 that amended the timing of the assessment of annual fees for future 10
CFR part 50 power reactors and 10 CFR
part 52 COL holders.
Currently, 171.15a requires the NRC to assess annual fees to a test or research reactor excluding test or research reactors exempted under 171.11b when the NRC authorizes the licensee to use nuclear materials i.e., begin operating the reactor in accordance with its license. Prior to this final rule, the NRC had not established a policy for assessing 10
CFR part 171 annual fees to future nonreactor NPUF licensees e.g., SHINE; at this time, the NRC currently assesses only 10 CFR part 170 service fees to prospective applicants for preapplication activities, construction permit holders i.e., SHINE and Northwest Medical Isotopes, LLC
NWMI and applicants for operating licenses i.e., SHINE for commercial NPUFs, as well as certain operating nonpower production or utilization facilities not exempted under 170.11.
While the NRCs fee regulations do not include a fee class for future non-reactor NPUF licensees, the NRC historically has included budgeted resources for NWMI and SHINE within the research and test reactor fee class. The budgeted resources for NWMI and SHINE not recovered in 10 CFR part 170 service fees previously were included in feerelief. These resources for the development of a medical isotope production infrastructure are now excluded from the fee-recovery requirement under NEIMA as a fee-relief activity identified by the Commission.
In anticipation that the NRC may decide to issue an operating license in the future, the NRC is revising its regulations to provide for the assessment of annual fees to NPUFs under 171.15a when they have notified the NRC of the successful completion of startup testing. This final rule uses the term non-power production or utilization facility to have the same meaning as the definition used in SECY190062, Final Rule:

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