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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations
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 and reduced demand for operator licensing and vendor inspection work resulting from the completion of construction of Vogtle Unit 3; 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 prioryear 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 $9,143,303
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
pandemic, 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 fee-recoverable budgeted resources are divided equally among the 93 licensed operating power reactors, a decrease of two operating power
reactors compared to FY 2020 due to the closure of Duane Arnold and Indian Point Unit 3, resulting in an annual fee of $4,749,000 per reactor. Additionally, each licensed operating power reactor is assessed the FY 2021 spent fuel storage/
reactor decommissioning annual fee of $237,000 see Table VII and the discussion that follows. The combined FY 2021 annual fee for each operating power reactor is $4,986,000.
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 Congressional Budget Justification 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 84 FR
22331; May 17, 2019. 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 between budget formulation and the development of the FY 2021 final rule have changed, as shown in Table VI.
In FY 2016, the NRC amended its licensing, inspection, and annual fee regulations to establish a variable annual fee structure for light-water SMRs 81 FR 32617. Under the variable annual fee structure, an SMRs annual fee would be assessed as a function of its bundled licensed thermal power rating. Currently, there are no operating SMRs; therefore, the NRC will not assess an annual fee in FY 2021 for this type of licensee.
b. Spent Fuel Storage/Reactor Decommissioning The NRC will collect $28.9 million in annual fees from 10 CFR part 50 power reactor licensees, and from 10 CFR part 72 licensees that do not hold a 10 CFR
part 50 license, to recover the budgeted resources for the spent fuel storage/
reactor decommissioning fee class in FY
2021, as shown in Table VII. The FY
2020 spent fuel storage/reactor decommissioning fees are shown for comparison purposes.

TABLE VIIANNUAL FEE SUMMARY CALCULATIONS FOR SPENT FUEL STORAGE/REACTOR DECOMMISSIONING
Dollars in millions FY 2020
final
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Summary fee calculations
FY 2021
final
Total budgeted resources
Less estimated 10 CFR part 170 receipts

$37.9
15.9

$42.2
13.8

Net 10 CFR part 171 resources
Allocated generic transportation costs
Fee-relief adjustment
Billing adjustments
Total required annual fee recovery
Total spent fuel storage facilities
Annual fee per facility

22.1
0.8
0.1
0.1
22.9
122
$0.188

28.4
1.1
N/A
0.6
28.9
122
$0.237

In comparison to FY 2020, the FY
2021 annual fee for the spent fuel storage/reactor decommissioning fee class is increasing primarily due to the increase in the budgeted resources and the decline in the 10 CFR part 170
estimated billings. This increase is partially offset by the 10 CFR part 171
billing adjustment that was included in the spent fuel storage/reactor decommissioning fee class calculation due to the deferral of annual fees and
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fees for services due to the COVID19
pandemic. These components are discussed in the following paragraphs.
The budgeted resources for the spent fuel storage/reactor decommissioning fee class increased primarily to support the following: 1 Decommissioning activities associated with power reactors in decommissioning, including the transition of Duane Arnold from operation to the power reactor decommissioning program; and 2

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waste research activities associated with accident tolerant fuel, high burnup, and enrichment extension fuels.
The 10 CFR part 170 estimated billings for FY 2021 decreased primarily due to the following: 1 A reduction in hours associated with the staffs review of applications for renewals and amendments for independent spent fuel storage installation ISFSI licenses and dry cask storage certificates of compliance CoCs; 2 the near
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