Sec. 201. Fees for advanced nuclear reactor application review
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Section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note; Public Law 115–439 ) is amended— by redesignating paragraphs
(2)through
(15)as paragraphs (3), (6), (7), (8), (9), (10), (12), (15), (16), (17), (18), (19), (20), and (21), respectively; by inserting after paragraph
(1)the following: The term advanced nuclear reactor applicant means an entity that has submitted to the Commission an application for a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ). ; by inserting after paragraph
(3)(as so redesignated) the following: The term advanced nuclear reactor pre-applicant means an entity that has submitted to the Commission a licensing project plan for the purposes of submitting a future application for a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ). The term agency support has the meaning given the term agency support (corporate support and the IG) in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation). ; by inserting after paragraph
(10)(as so redesignated) the following: The term hourly rate for mission-direct program salaries and benefits means the quotient obtained by dividing— the full-time equivalent rate (within the meaning of the document of the Commission entitled FY 2023 Final Fee Rule Work Papers (or a successor document)) for mission-direct program salaries and benefits for a fiscal year; by the productive hours assumption for that fiscal year, determined in accordance with the formula established in the document referred to in subparagraph
(A)(or a successor document). ; and by inserting after paragraph
(12)(as so redesignated) the following: The term mission-direct program salaries and benefits means the resources of the Commission that are allocated to the Nuclear Reactor Safety Program (as determined by the Commission) to perform core work activities committed to fulfilling the mission of the Commission, as described in the document of the Commission entitled FY 2023 Final Fee Rule Work Papers (or a successor document). The term mission-indirect program support has the meaning given the term in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation). . Section 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b)(1)(B) ) (as amended by section 101(c)(1)(B)) is amended by adding at the end the following: The total costs of mission-indirect program support and agency support that, under paragraph (2)(B), may not be included in the hourly rate charged for fees assessed and collected from advanced nuclear reactor applicants. The total costs of mission-indirect program support and agency support that, under paragraph (2)(C), may not be included in the hourly rate charged for fees assessed and collected from advanced nuclear reactor pre-applicants. . Section 102(b) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b) ) is amended by striking paragraph
(2)and inserting the following: In accordance with section 9701 of title 31, United States Code, the Commission shall assess and collect fees from any person who receives a service or thing of value from the Commission to cover the costs to the Commission of providing the service or thing of value. The hourly rate charged for fees assessed and collected from an advanced nuclear reactor applicant under this paragraph relating to the review of a submitted application described in section 3(1) may not exceed the hourly rate for mission-direct program salaries and benefits. The hourly rate charged for fees assessed and collected from an advanced nuclear reactor pre-applicant under this paragraph relating to the review of submitted materials as described in the licensing project plan of an advanced nuclear reactor pre-applicant may not exceed the hourly rate for mission-direct program salaries and benefits. . Section 102 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 ) is amended by adding at the end the following: Paragraphs (1)(B)(vi) and (2)(C) of subsection
(b)shall cease to be effective on September 30, 2030. . The amendments made by this section shall take effect on October 1, 2025.
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Sec. 201
Fees for advanced nuclear reactor application review
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