10 CFR 170.41 - Failure by applicant or licensee to pay prescribed fees.

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend the licensing, inspection, and annual fees charged to its applicants and licensees. The proposed amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, which requires the NRC to recover through fees approximately 90 percent of its budget authority in Fiscal Year (FY) 2013, not including amounts appropriated for Waste Incidental to Reprocessing (WIR) and amounts appropriated for generic homeland security activities. The NRC is currently operating under a Continuing Resolution (CR) which is set to expire on March 27, 2013. Based on the FY 2013 budget submitted to the Congress, the NRC is proposing fees in this rulemaking based on the FY 2013 budget which is estimated to be $1,053.2 million. After accounting for billing adjustments, the total amount to be billed as fees is approximately $924.8 million. These fees are subject to change pending congressional action which may include sequestration, full-year CR or issuance of an FY 2013 appropriation which differs from the FY 2013 budget submitted to Congress which could result in higher or lower fees than those proposed in this rulemaking.