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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 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 $246,000.
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
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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
Bundled unit thermal power rating
Minimum fee
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

3 The annual fee for an SMR
collected under this paragraph d is in lieu of any fee otherwise required under paragraph b of this section. The annual fee under this paragraph d covers the same activities listed for power reactor base annual fee and spent fuel storage/
reactor decommissioning reactor fee.
e The FY 2021 annual fee for licensees authorized to operate one or more non-power production or utilization facilities under a single 10
CFR part 50 license, unless the reactor
is exempted from fees under 171.11b, is $78,700.
17. In 171.16, revise paragraphs c and d and remove paragraph e.
The revisions read as follows:
171.16 Annual fees: Materials licensees, holders of certificates of compliance, holders of sealed source and device registrations, holders of quality assurance program approvals, and government agencies licensed by the NRC.

c A licensee who is required to pay an annual fee under this section, in
Variable fee
Maximum fee
TBD
TBD
N/A

N/A
TBD
N/A

N/A
N/A
TBD

N/A
N/A

TBD
N/A

N/A
TBD

addition to 10 CFR part 72 licenses, may qualify as a small entity. If a licensee qualifies as a small entity and provides the Commission with the proper certification along with its annual fee payment, the licensee may pay reduced annual fees as shown in table 1 to paragraph c. Failure to file a small entity certification in a timely manner could result in the receipt of a delinquent invoice requesting the outstanding balance due and/or denial of any refund that might otherwise be due. The small entity fees are as follows:

TABLE 1 TO PARAGRAPH c Maximum annual fee per licensed category
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NRC Small Entity Classification
Small Businesses Not Engaged in Manufacturing Average gross receipts over last 3 completed fiscal years:
$485,000 to $7 million
Less than $485,000
Small Not-For-Profit Organizations Annual Gross Receipts:
$485,000 to $7 million
Less than $485,000
Manufacturing Entities that Have An Average of 500 Employees or Fewer:
35 to 500 employees
Fewer than 35 employees
Small Governmental Jurisdictions Including publicly supported educational institutions Population:
20,000 to 49,999
Fewer than 20,000
Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Fewer:
35 to 500 employees
Fewer than 35 employees

d The FY 2021 annual fees for materials licensees and holders of certificates, registrations, or approvals
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subject to fees under this section are shown table 2 to paragraph d:

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$4,900
1,000
4,900
1,000
4,900
1,000
4,900
1,000
4,900
1,000