Federal regulations · Through 2026-08-25 · Newer source version available

10 CFR 170.33: Executive Order 14300 fixed fee caps.

(a) Fees under §§ 170.21 and 170.31 will not exceed the Executive Order 14300 fixed fee cap, except as provided in paragraph (e) of this section. The activities for which the Executive Order 14300 fixed fee cap applies are only requested activities of the Commission that involve the issuance of a final safety evaluation, consistent with the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215 note) and section 5(a) of Executive Order 14300.
(b) For requested activities for which a complete application has been accepted for review by the Commission on or after October 1, 2026, the Executive Order 14300 fixed fee cap is the lesser of:
(1) The amount associated with the requested activity in table 1 to this section, in effect when a complete application for the requested activity has been accepted for review by the Commission; or
(2) An amount that is lower, to the maximum extent practicable, than the amount in table 1 to this section and is determined by the Commission based on the specific application for the requested activity.
(c) For requested activities for which a complete application has been accepted for review by the Commission before October 1, 2026, the Executive Order 14300 fixed fee cap is the lowest practicable amount determined by the Commission based on the specific application for the requested activity.
(d) The Commission will communicate the Executive Order 14300 fixed fee cap in the NRC written communication on schedule and resources for the requested activity.
(e) The Executive Order 14300 fixed fee cap will not be increased except in instances of applicant failure. If applicant failure applies, the Commission will provide a written communication informing the applicant of the new Executive Order 14300 fixed fee cap that applies to the requested activity. The new Executive Order 14300 fixed fee cap will be the lowest practicable amount determined by the Commission to account for the applicant failure.
(f) Consistent with § 170.51, any disputes associated with the Executive Order 14300 fixed fee cap must be submitted in accordance with § 15.31 of this chapter.
Table 1 to § 170.33—Fixed Caps on Service Fees
Activity Type Fixed caps on service fees 1 (rounded) Fixed caps on service fees for advanced nuclear reactor applicants 2 (rounded)
Standard Design Approvals Standard Design Approval (SDA) with no prior approvals—10 CFR part 52 or 53 $32,656,000 $16,552,000
SDA referencing an approved Design Certification (DC) or SDA—10 CFR part 52 or 53 16,165,000 7,930,000
Design Certifications (including incorporation of approved design into 10 CFR part 52) DC with no prior approvals—10 CFR parts 52 or 53 33,566,000 16,968,000
DC referencing an approved DC or SDA—10 CFR part 52 or 53 16,825,000 8,096,000
Licenses Combined License (COL) with no prior approvals—10 CFR part 52 or 53 30,145,000 14,590,000
COL referencing only an approved DC—10 CFR part 52 or 53 21,046,000 10,432,000
COL referencing only an Early Site Permit—10 CFR part 52 or 53 24,079,000 11,818,000
COL referencing an Early Site Permit and an approved DC—10 CFR part 52 or 53 14,980,000 7,660,000
Operating License—10 CFR parts50 or 53 21,720,000 10,740,000
Manufacturing License—10 CFR part 52 or 53 32,656,000 16,552,000
Fuel Cycle Facilities—10 CFR parts 40 and 70 7,903,000 N/A
Uranium Recovery—10 CFR part 40 3,574,000 N/A
Construction Permits All Facilities—10 CFR part 50 or 53 18,334,000 10,007,000
Early Site Permits All Facilities—10 CFR part 52 or 53 8,066,000 4,772,000
Limited Work Authorizations All Facilities—10 CFR part 50 or 53 2,615,000 1,847,000
License Amendments (including power uprates) and DC Amendments Decommissioning—10 CFR parts 30, 40, 50, and 70 1,078,000 N/A
Uranium Recovery—10 CFR part 40 Expansions (e.g., new site) 1,664,000 N/A
All Others 465,000 N/A
Fuel Cycle Facilities—10 CFR parts 40 and 70 1,394,000 N/A
Operating—10 CFR parts 50, 52, and 53 Adopting a Technical Specifications Task Force (TSTF) traveler using the Consolidated Line-Item Improvement Process 59,000 N/A
All Other TSTF travelers 824,000 N/A
Measurement Uncertainty Recapture Uprate (MUR) (non-bundled) 3 412,000 N/A
Stretch Power Uprate (SPU) (non-bundled) 774,000 N/A
SPU bundled with other related changes4 1,111,000 N/A
Extended Power Uprate (EPU) (non-bundled) 1,835,000 N/A
EPU bundled with other related changes 2,846,000 N/A
Emergency and Exigent 185,000 N/A
All Others 2,185,000 N/A
Construction Permit—10 CFR parts 50 and 53 707,000 N/A
Early Site Permit—10 CFR parts 52 and 53 707,000 N/A
DC—10 CFR parts 52 and 53 9,061,000 N/A
COL (under construction)—10 CFR parts 52 and 53 707,000 N/A
COL (construction not commenced)—10 CFR parts 52 and 53 707,000 N/A
Restart Activities All Facilities—10 CFR part 50 3,109,000 N/A
License Renewals All Facilities—10 CFR parts 50, 52, 53, and 54 5,418,000 N/A
Fuel Cycle Facilities—10 CFR parts 40 and 70 1,461,000 N/A
Uranium Recovery—10 CFR part 40 1,333,000 N/A
New 636,000 N/A
Certificates of Compliance (CoC) Transportation—10 CFR part 71 Amendment 529,000 N/A
Renewal 3,000 N/A
Storage—10 CFR part 72 New 742,000 N/A
Amendment or Renewal 901,000 N/A
Topical Reports 5 All Facilities—10 CFR parts 50, 52, and 53 3,196,000 N/A
Independent Spent Fuel Storage Installation (ISFSI) Storage—10 CFR parts 50, 52, 53, and 72 New Amendment or Renewal 6,888,000 514,000 N/A N/A
Exemptions All Parts of 10 CFR 336,000 N/A
Code Reliefs COL (under construction)—10 CFR parts 52 and 53 770,000 N/A
All Other Facilities—10 CFR parts 50, 52, and 53 403,000 N/A
License Transfers All Materials—10 CFR parts 30, 40, 70, and 72 169,000 N/A
All Facilities—10 CFR parts 50, 52, and 53 336,000 N/A
1 The fixed caps on service fees include professional staff hours multiplied by the appropriate professional hourly rate established in § 170.20(a), and contractual support services.
2 The fixed caps on service fees for advanced nuclear reactor applicants include professional staff hours multiplied by the reduced hourly rate for advanced nuclear reactor applicants established in § 170.20(b), and contractual support services.
3 The term “non-bundled,” as used in this table 1, refers to a license amendment request that includes a power uprate request and requests NRC approval for changes with a scope similar to requests approved by the Commission as of August 14, 2017.
4 The term “bundled,” as used in this table 1, refers to a license amendment request that includes a power uprate request and requests NRC approval for changes that exceed the scope of requests approved by the Commission as of August 14, 2017, such as Maximum Extended Load Line Limit Analysis Plus; cycle extensions; fuel transitions, including accident tolerant fuel, and increased enrichment and high burnup fuel; and new accident and source term methodologies.
5 Consistent with the definition of requested activity of the Commission in section 3 of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215 note), this activity includes only topical reports submitted by licensees or applicants (i.e., persons or entities that either hold a current license or have a license application under NRC review).

Where this section sits in the code

Title 10—Energy
CHAPTER I—NUCLEAR REGULATORY COMMISSION
PART 170—FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED

(b) For requested activities for which a complete application has been accepted for review by the Commission on or after October 1, 2026, the Executive Order 14300 fixed fee cap is the lesser of:

(1) The amount associated with the requested activity in table 1 to this section, in effect when a complete application for the requested activity has been accepted for review by the Commission; or

(2) An amount that is lower, to the maximum extent practicable, than the amount in table 1 to this section and is determined by the Commission based on the specific application for the requested activity.

(c) For requested activities for which a complete application has been accepted for review by the Commission before October 1, 2026, the Executive Order 14300 fixed fee cap is the lowest practicable amount determined by the Commission based on the specific application for the requested activity.

(d) The Commission will communicate the Executive Order 14300 fixed fee cap in the NRC written communication on schedule and resources for the requested activity.

(e) The Executive Order 14300 fixed fee cap will not be increased except in instances of applicant failure. If applicant failure applies, the Commission will provide a written communication informing the applicant of the new Executive Order 14300 fixed fee cap that applies to the requested activity. The new Executive Order 14300 fixed fee cap will be the lowest practicable amount determined by the Commission to account for the applicant failure.

(f) Consistent with § 170.51, any disputes associated with the Executive Order 14300 fixed fee cap must be submitted in accordance with § 15.31 of this chapter.

Table 1 to § 170.33—Fixed Caps on Service Fees

Activity Type Fixed caps on service fees 1 (rounded) Fixed caps on service fees for advanced nuclear reactor applicants 2 (rounded)

Standard Design Approvals Standard Design Approval (SDA) with no prior approvals—10 CFR part 52 or 53 $32,656,000 $16,552,000

SDA referencing an approved Design Certification (DC) or SDA—10 CFR part 52 or 53 16,165,000 7,930,000

Design Certifications (including incorporation of approved design into 10 CFR part 52) DC with no prior approvals—10 CFR parts 52 or 53 33,566,000 16,968,000

DC referencing an approved DC or SDA—10 CFR part 52 or 53 16,825,000 8,096,000

Licenses Combined License (COL) with no prior approvals—10 CFR part 52 or 53 30,145,000 14,590,000

COL referencing only an approved DC—10 CFR part 52 or 53 21,046,000 10,432,000

COL referencing only an Early Site Permit—10 CFR part 52 or 53 24,079,000 11,818,000

COL referencing an Early Site Permit and an approved DC—10 CFR part 52 or 53 14,980,000 7,660,000

Operating License—10 CFR parts50 or 53 21,720,000 10,740,000

Manufacturing License—10 CFR part 52 or 53 32,656,000 16,552,000

Fuel Cycle Facilities—10 CFR parts 40 and 70 7,903,000 N/A

Uranium Recovery—10 CFR part 40 3,574,000 N/A

Construction Permits All Facilities—10 CFR part 50 or 53 18,334,000 10,007,000

Early Site Permits All Facilities—10 CFR part 52 or 53 8,066,000 4,772,000

Limited Work Authorizations All Facilities—10 CFR part 50 or 53 2,615,000 1,847,000

License Amendments (including power uprates) and DC Amendments Decommissioning—10 CFR parts 30, 40, 50, and 70 1,078,000 N/A

Uranium Recovery—10 CFR part 40 Expansions (e.g., new site) 1,664,000 N/A

All Others 465,000 N/A

Fuel Cycle Facilities—10 CFR parts 40 and 70 1,394,000 N/A

Operating—10 CFR parts 50, 52, and 53 Adopting a Technical Specifications Task Force (TSTF) traveler using the Consolidated Line-Item Improvement Process 59,000 N/A

All Other TSTF travelers 824,000 N/A

Measurement Uncertainty Recapture Uprate (MUR) (non-bundled) 3 412,000 N/A

Stretch Power Uprate (SPU) (non-bundled) 774,000 N/A

SPU bundled with other related changes4 1,111,000 N/A

Extended Power Uprate (EPU) (non-bundled) 1,835,000 N/A

EPU bundled with other related changes 2,846,000 N/A

Emergency and Exigent 185,000 N/A

All Others 2,185,000 N/A

Construction Permit—10 CFR parts 50 and 53 707,000 N/A

Early Site Permit—10 CFR parts 52 and 53 707,000 N/A

DC—10 CFR parts 52 and 53 9,061,000 N/A

COL (under construction)—10 CFR parts 52 and 53 707,000 N/A

COL (construction not commenced)—10 CFR parts 52 and 53 707,000 N/A

Restart Activities All Facilities—10 CFR part 50 3,109,000 N/A

License Renewals All Facilities—10 CFR parts 50, 52, 53, and 54 5,418,000 N/A

Fuel Cycle Facilities—10 CFR parts 40 and 70 1,461,000 N/A

Uranium Recovery—10 CFR part 40 1,333,000 N/A

New 636,000 N/A

Certificates of Compliance (CoC) Transportation—10 CFR part 71 Amendment 529,000 N/A

Renewal 3,000 N/A

Storage—10 CFR part 72 New 742,000 N/A

Amendment or Renewal 901,000 N/A

Topical Reports 5 All Facilities—10 CFR parts 50, 52, and 53 3,196,000 N/A

Independent Spent Fuel Storage Installation (ISFSI) Storage—10 CFR parts 50, 52, 53, and 72 New Amendment or Renewal 6,888,000 514,000 N/A N/A

Exemptions All Parts of 10 CFR 336,000 N/A

Code Reliefs COL (under construction)—10 CFR parts 52 and 53 770,000 N/A

All Other Facilities—10 CFR parts 50, 52, and 53 403,000 N/A

License Transfers All Materials—10 CFR parts 30, 40, 70, and 72 169,000 N/A

All Facilities—10 CFR parts 50, 52, and 53 336,000 N/A

1 The fixed caps on service fees include professional staff hours multiplied by the appropriate professional hourly rate established in § 170.20(a), and contractual support services.

2 The fixed caps on service fees for advanced nuclear reactor applicants include professional staff hours multiplied by the reduced hourly rate for advanced nuclear reactor applicants established in § 170.20(b), and contractual support services.

3 The term “non-bundled,” as used in this table 1, refers to a license amendment request that includes a power uprate request and requests NRC approval for changes with a scope similar to requests approved by the Commission as of August 14, 2017.

4 The term “bundled,” as used in this table 1, refers to a license amendment request that includes a power uprate request and requests NRC approval for changes that exceed the scope of requests approved by the Commission as of August 14, 2017, such as Maximum Extended Load Line Limit Analysis Plus; cycle extensions; fuel transitions, including accident tolerant fuel, and increased enrichment and high burnup fuel; and new accident and source term methodologies.

5 Consistent with the definition of requested activity of the Commission in section 3 of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215 note), this activity includes only topical reports submitted by licensees or applicants (i.e., persons or entities that either hold a current license or have a license application under NRC review).

Collected 2026-08-27T02:24:09Z. Source file · JSON

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