10 C.F.R. § 170.21 Schedule of fees for production and utilization facilities, review of standard referenced design approvals, special projects, inspections and import and export licenses.
Title 10 - Energy
Applicants for construction permits, manufacturing licenses, operating licenses, import and export licenses, approvals of facility standard reference designs, re-qualification and replacement examinations for reactor operators, and special projects and holders of construction permits, licenses, and other approvals shall pay fees for the following categories of services: [53 FR 52648, Dec. 29, 1988, as amended at 54 FR 15400, Apr. 18, 1989; 54 FR 25658, June 16, 1989; 55 FR 21180, May 23, 1990; 56 FR 31500, July 10, 1991; 57 FR 18395, Apr. 30, 1992; 57 FR 32707, July 23, 1992; 58 FR 38690, July 20, 1993; 59 FR 36917, July 20, 1994; 60 FR 32239, June 20, 1995; 61 FR 16214, Apr. 12, 1996; 62 FR 29207, May 29, 1997; 63 FR 31851, June 10, 1998; 64 FR 31470, June 10, 1999; 65 FR 36960, June 12, 2000; 66 FR 32469, June 14, 2001; 67 FR 42630, June 24, 2002; 67 FR 64037, Oct. 17, 2002; 68 FR 36729, June 18, 2003; 69 FR 22676, Apr. 26, 2004; 70 FR 30543, May 26, 2005; 71 FR 30746, May 30, 2006]
Title 10: Energy
PART 170—FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED
Schedule of Fees
§ 170.21 Schedule of fees for production and utilization facilities, review of standard referenced design approvals, special projects, inspections and import and export licenses.
Schedule of Facility Fees [See footnotes at end of table]------------------------------------------------------------------------ Facility categories and type of fees Fees 1,2------------------------------------------------------------------------ A. Nuclear Power ReactorsApplication for Construction Permit........ $125,000.Early Site Permit, Construction Permit, Full cost. Combined License, Operating License.Amendment, Renewal, Dismantling- Full cost. Decommissioning and Termination, Other Approvals.Inspections \3\............................ Full cost. B. Standard Reference Design ReviewPreliminary Design Approvals, Final Design Full cost. Approvals, Certification.Amendment, Renewal, Other Approvals........ Full cost. C. Test Facility/Research Reactor/Critical FacilityApplication for Construction Permit........ $5,000.Construction Permit, Operating License..... Full cost.Amendment, Renewal, Dismantling- Full cost. Decommissioning and Termination, Other Approvals.Inspections \3\............................ Full cost. D. Manufacturing LicenseApplication................................ $125,000.Preliminary Design Approval, Final Design Full cost. Approval.Amendment, Renewal, Other Approvals........ Full cost.Inspections \3\............................ Full cost. E. [Reserved] F. Advanced ReactorsApplication for Construction Permit........ $125,000.Early Site Permit, Construction Permit, Full cost. Combined License, Operating License.Amendment, Renewal, Other Approvals........ Full cost.Inspections \3\............................ Full cost. G. Other Production and Utilization FacilityApplication for Construction Permit........ $125,000.Construction Permit, Operating License..... Full cost.Amendment, Renewal, Other Approvals........ Full cost.Inspections \3\............................ Full cost. H. Production or Utilization Facility Permanently Closed DownInspections \3\............................ Full cost. I. Part 55 ReviewsRequalification and Replacement Full cost. Examinations for Reactor Operators. J. Special projects:Approvals and preapplication/licensing Full cost. activities.Inspections \3\............................ Full cost.Contested hearings on licensing actions Full cost. directly related to U.S. Government national security initiatives.K. Import and export licenses: Licenses for the import and export only of production and utilization facilities or the export only of components for production and utilization facilities issued under 10 CFR Part 110. 1. Application for import or export of production and utilization facilities \4\ (including reactors and other facilities) and exports of components requiring Commission and Executive Branch review, for example, actions under 10 CFR 110.40(b). Application_new license, or $13,900 amendment 2. Application for export of reactor and other components requiring Executive Branch review only, for example, those actions under 10 CFR 110.41(a)(1)-(8). Application_new license, or $8,100 amendment 3. Application for export of components requiring the assistance of the Executive Branch to obtain foreign government assurances. Application_new license, or $2,600 amendment 4. Application for export of facility components and equipment (examples provided in 10 CFR part 110, Appendix A, Items (5) through (9)) not requiring Commission or Executive Branch review, or obtaining foreign government assurances. Application_new license, or $1,700 amendment 5. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic information, or make other revisions which do not involve any substantive changes to license terms or conditions or to the type of facility or component authorized for export and therefore, do not require in-depth analysis or review or consultation with the Executive Branch, U.S. host state, or foreign government authorities. Minor amendment $320------------------------------------------------------------------------\1\ Fees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under § 2.202 of this chapter or for amendments resulting specifically from the requirements of these orders. For orders unrelated to civil penalties or other civil sanctions, fees will be charged for any resulting licensee-specific activities not otherwise exempted from fees under this chapter. Fees will be charged for approvals issued under a specific exemption provision of the Commission's regulations under Title 10 of the Code of Federal Regulations (e.g., 10 CFR 50.12, 73.5) and any other sections in effect now or in the future, regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. Fees for licenses in this schedule that are initially issued for less than full power are based on review through the issuance of a full power license (generally full power is considered 100 percent of the facility's full rated power). Thus, if a licensee received a low power license or a temporary license for less than full power and subsequently receives full power authority (by way of license amendment or otherwise), the total costs for the license will be determined through that period when authority is granted for full power operation. If a situation arises in which the Commission determines that full operating power for a particular facility should be less than 100 percent of full rated power, the total costs for the license will be at that determined lower operating power level and not at the 100 percent capacity.\2\ Full cost fees will be determined based on the professional staff time and appropriate contractual support services expended. For applications currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the review of the application up to the effective date of the final rule will be determined at the professional rates in effect at the time the service was provided. For those applications currently on file for which review costs have reached an applicable fee ceiling established by the June 20, 1984, and July 2, 1990, rules but are still pending completion of the review, the cost incurred after any applicable ceiling was reached through January 29, 1989, will not be billed to the applicant. Any professional staff-hours expended above those ceilings on or after January 30, 1989, will be assessed at the applicable rates established by § 170.20, as appropriate, except for topical reports whose costs exceed $50,000. Costs which exceed $50,000 for any topical report, amendment, revision or supplement to a topical report completed or under review from January 30, 1989, through August 8, 1991, will not be billed to the applicant. Any professional hours expended on or after August 9, 1991, will be assessed at the applicable rate established in § 170.20.\3\ Inspections covered by this schedule are both routine and non- routine safety and safeguards inspections performed by NRC for the purpose of review or follow-up of a licensed program. Inspections are performed through the full term of the license to ensure that the authorized activities are being conducted in accordance with the Atomic Energy Act of 1954, as amended, other legislation, Commission regulations or orders, and the terms and conditions of the license. Non-routine inspections that result from third-party allegations will not be subject to fees.\4\ Imports only of major components for end-use at NRC-licensed reactors are now authorized under NRC general import license.
