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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 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 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

Definitions.

Budget authority means the authority, in the form of an appropriation, 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 the NRCs 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 and paragraphs a, b1, b2 introductory text, c1, and c2 introductory text;
b. Remove paragraph d;
c. Redesignate paragraphs e and f as paragraphs d and e; and d. Revise newly redesignated paragraphs d and e.
The revisions read as follows:
171.15 Annual fees: Non-power production or utilization licenses, reactor licenses, and independent spent fuel storage licenses.

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 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 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 $4,749,000.

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
license or combined license issued under 10 CFR part 52 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 or a 10 CFR
part 52 combined license, is $237,000.
2 The FY 2021 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. The activities comprising the FY 2021 spent fuel storage/reactor decommissioning rebaselined annual fee are:

d1 Each person holding an operating license for an SMR issued under 10 CFR part 50 or a combined license issued under 10 CFR part 52 that has provided notification to the NRC of the successful completion startup testing, shall pay the annual fee for all licenses held for an SMR site. The annual fee will be determined using the cumulative licensed thermal power rating of all SMR units and the bundled unit concept, during the fiscal year in which the fee is due. For a given site, the use of the bundled unit concept is independent of the number of SMR
plants, the number of SMR licenses issued, or the sequencing of the SMR
licenses that have been issued.
2 The annual fees for a small modular reactors located on a single site to be collected by September 30 of each year, are as follows:

TABLE 1 TO PARAGRAPH d2

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Bundled unit thermal power rating First Bundled Unit:
0 MWt 250 MWt
>250 MWt 2,000 MWt
>2,000 MWt 4,500 MWt
Additional Bundled Units:
0 MWt 2,000 MWt
>2,000 MWt 4,500 MWt

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