Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors

Sec. 73.100 Technology-inclusive requirements for physical protection of licensed activities at commercial nuclear plants against radiological sabotage. 73.110 Technology-inclusive requirements for protection of digital computer and communication systems and networks.

73.120 Access authorization program for commercial nuclear plants.

Sec. 73.100 Technology-inclusive requirements for physical protection of licensed activities at commercial nuclear plants against radiological sabotage.

(a) Introduction. (1) Each licensee that is licensed to operate a commercial nuclear plant under part 53 of this chapter and elects to implement the requirements of this section must identify achievable target sets in accordance with paragraph (b)(5) of this section and develop, implement, and maintain a physical protection program under the following requirements:

(i) Each licensee that demonstrates no achievable target sets exist in accordance with paragraph (b)(5) of this section, and does not credit any active measures (e.g., operator action, mitigative action, detection, assessment, armed response) in making that demonstration, is exempt from the remaining requirements of this section.

(ii) Each licensee that demonstrates no achievable target sets exist in accordance with paragraph (b)(5) of this section, and credits active measures in making that demonstration, must implement the requirements of this section through its physical security plan, training and qualification plan, safeguards contingency plan, and cybersecurity plan, referred to collectively hereafter as “security plans,” before initial fuel load into the reactor (or, for a fueled manufactured reactor, before initiating the removal of the features to prevent criticality required under Sec. 53.620(d)(1) of this chapter); for such licensees, the requirements of paragraphs (b)(2) through (4) of this section will be deemed satisfied if the physical protection program is designed to ensure that the credited active measures will be implemented in response to threats up to and including the design-basis threat of radiological sabotage.

(iii) Each licensee that demonstrates achievable target sets exist, in accordance with paragraph (b)(5) of this section, must implement the requirements of this section through its physical security plan, training and qualification plan, safeguards contingency plan, and cybersecurity plan, referred to collectively hereafter as “security plans,” before initial fuel load into the reactor (or, for a fueled manufactured reactor, before initiating the removal of the features to prevent criticality required under Sec. 53.620(d)(1) of this chapter).

(2) The security plans must identify, describe, and account for site-specific conditions that affect the licensee's capability to satisfy the requirements of this section.

(b) General performance objective and requirements. (1) The licensee must establish, implement, and maintain a physical protection program and a security organization, which will have as their objective to provide reasonable assurance that activities involving special nuclear material are not inimical to the common defense and security and do not constitute an unreasonable risk to the public health and safety.

(2) To satisfy the general performance objective of paragraph (b)(1) of this section, the physical protection program must protect against the design-basis threat of radiological sabotage as stated in Sec. 73.1. Specifically, the licensee must--

(i) Ensure that the physical protection program capabilities to protect against the design-basis threat of radiological sabotage are maintained at all times; and

(ii) Provide defense in depth in achieving performance requirements through the integration of engineered systems, administrative controls, and management measures.

(3) The physical protection program must be designed to prevent the release of radionuclides from any source from exceeding the dose reference values defined in Sec. 53.210 of this chapter.

(4) The physical protection program must be designed and implemented to achieve and maintain the reliability and availability of structures, systems, and components (SSCs) required for demonstrating compliance with the following performance requirements at all times:

(i) Intrusion detection. The licensee must be capable of detecting attempted and actual unauthorized access to interior and exterior areas containing SSCs needed to implement safety and security functions.

(ii) Intrusion assessment. The licensee must be capable of timely assessment for determining the cause of a detected intrusion.

(iii) Security communication. The licensee must be capable of continuous security communications. Communication systems must account for design-basis threats that can interrupt or interfere with continuity or integrity of communications.

(iv) Security response. The physical protection program must be designed to provide timely security response to interdict and neutralize adversary attacks up to and including the design-basis threat of radiological sabotage. The physical protection program must be designed to provide layers of security response, with each layer assuring that a single failure does not result in the loss of capability to neutralize the design-basis threat adversary. Structures, systems, and components relied on for delay functions must be designed to allow for timely security responses to adversary attacks with adequate defense in depth.

(A) The security response may rely on the use of onsite responders, law enforcement or other offsite armed responders, or a combination thereof, to fulfill the interdiction and neutralization functions required by paragraph (b)(4)(iv) of this section. A licensee relying entirely or partially on law enforcement or other offsite armed responders must--

(1) Maintain the capability to detect, assess, interdict, and neutralize threats as required by paragraphs (b)(4)(i), (b)(4)(ii), and (b)(4)(iv) of this section;

(2) Provide adequate delay to enable law enforcement or other offsite armed responders to fulfill the interdiction and neutralization functions for threats up to and including the design-basis threat of radiological sabotage;

(3) Provide necessary information about the facility and make available periodic training to law enforcement or other offsite armed responders who will fulfill the interdiction and neutralization functions for threats up to and including the design-basis threat of radiological sabotage;

(4) Fully describe in the safeguards contingency plan the role that law enforcement or other offsite armed responders will play in the licensee's protective strategy. The description must provide sufficient detail to enable the NRC to determine that the licensee's physical protection program provides reasonable assurance of adequate protection against threats up to and including the design-basis threat of radiological sabotage; and

(5) Identify criteria and measures to compensate for the degradation or absence of law enforcement or other offsite armed responders and propose suitable compensatory measures that meet the requirements of paragraph (h)(3) of this section to address this degradation.

(B) For licensees relying entirely or partially on law enforcement responders to fulfill the interdiction and neutralization functions required by

paragraph (b)(4)(iv) of this section, the training and qualification requirements related to armed response personnel in paragraphs (c) and (e) of this section do not apply to law enforcement responders. The licensee shall continue to satisfy the performance evaluation requirements in paragraph (g) of this section for all armed response personnel, including law enforcement.

(v) Protecting against land and waterborne vehicle bomb assaults. The licensee must be capable of protecting the plant against the design-basis threat vehicle bomb assault. The methods that are relied on to protect against a design-basis threat land vehicle and waterborne vehicle bomb assault must be designed to protect the reactor building and structures containing safety- or security-related systems, and components from explosive effects.

(vi) Access control portals. The licensee must be capable of detecting and denying unauthorized access to persons and pass-through of contraband materials (e.g., weapons, incendiary devices, explosives) to protected areas.

(5) The licensee must identify and document complete and accurate target sets in accordance with the following:

(i) Preventative operator actions may be credited as target set elements when: sufficient time to implement exists; environmental conditions allow operator actions to be completed successfully; adversary interference is precluded; all equipment required for operator actions is available, dedicated, staged, and maintained; approved procedures exist specific to the task being performed; and training is maintained for proficiency of the credited operator action.

(ii) The identification of target sets must not assume the success of the security organization; except that licensees may consider delay provided by the security organization when assessing the availability of operator actions.

(iii) The licensee must consider cyberattacks in the identification of target sets.

(iv) The licensee must further identify achievable target sets through a site-specific analysis. Achievable target sets are those that are within the capabilities of the design-basis threat adversary to compromise, destroy, or render non-functional; cannot be mitigated after adversary interference is precluded and prior to a release of radionuclides exceeding dose reference values defined in 10 CFR 53.210; and, if defeated, result irreversibly in exceedance of the dose reference values in 10 CFR 53.210.

(v) The licensee must document and maintain the process used to identify achievable target sets, to include the site-specific analyses and methodologies used to determine and group the target set equipment or elements, including elements not contained in a protected or vital area.

(vi) The licensee must implement a process for the oversight of target set equipment and systems to ensure that changes to the configuration of the identified equipment and systems are considered in the licensee's protective strategy. Where appropriate, changes must be made to documented target sets.

(vii) The licensee must maintain records in accordance with paragraph (j) of this section and, in addition, must maintain site- specific analyses until submittal of the licensee's certifications required by Sec. 53.1070 of this chapter.

(6) The licensee must identify and analyze site-specific conditions, including achievable target sets, that may affect the physical protection program needed to implement the requirements of this section. The licensee must account for these conditions in demonstrating compliance with the requirements of this section.

(7) The licensee must establish, implement, and maintain a performance evaluation program to assess the effectiveness of the licensee's implementation of the physical protection program to protect against the design-basis threat of radiological sabotage.

(8) The licensee must establish, implement, and maintain an access authorization program under Sec. 73.56, and must describe the program in the physical security plan.

(9) The licensee must establish, implement, and maintain a cybersecurity program under Sec. 73.54 or Sec. 73.110 and must describe the program in the cybersecurity plan.

(10) The licensee must establish, implement, and maintain an insider mitigation program and must describe the program in the physical security plan.

(i) The insider mitigation program must monitor the initial and continuing trustworthiness and reliability of individuals granted or retaining unescorted access or unescorted access authorization to a protected or vital area, and implement defense-in-depth methodologies to minimize the potential for an insider (active, passive, or both) to adversely affect, either directly or indirectly, the licensee's capability to protect against radiological sabotage.

(ii) The insider mitigation program must integrate elements of--

(A) The access authorization program under Sec. 73.56 or Sec. 73.120;

(B) The fitness-for-duty program under 10 CFR part 26;

(C) The cybersecurity program under Sec. 73.54 or Sec. 73.110; and

(D) The physical protection program under this section.

(11) The licensee must have the capability to track, trend, correct, and prevent recurrence of failures and deficiencies in the implementation of the requirements of this section.

(12) Implementation of security plans and associated procedures must be coordinated with other onsite plans and procedures to preclude conflict during both normal and emergency conditions and ensure the adequate management of the safety and security interface.

(13)(i) The licensee must ensure that the firearms background check requirements of Sec. 73.17 of this part are met for all members of the security organization whose official duties require access to covered weapons or who inventory enhanced weapons.

(ii) The provisions of this paragraph (b)(13) are only applicable to licensees subject to this section that are also subject to the firearms background check provisions of Sec. 73.17 of this part.

(c) Security organization. The licensee must establish and maintain a security organization that is staffed, trained, qualified, and equipped to implement the physical protection program under the requirements of this section.

(1) The licensee must establish a management system for maintaining and implementing security policies and procedures to implement the requirements of this section and the security plans.

(2) Implementing procedures must document the conduct of security operations, security design and configuration controls, maintenance, training and qualification, and contingency responses.

(3) The licensee must--

(i) Establish a process for the approval of designs, policies, processes, and procedures and changes by the individual with overall responsibility for the physical protection program; and

(ii) Ensure that revisions and changes to the physical protection program and implementing policies, processes, and procedures satisfy the requirements of this section.

(4) The licensee must retain, in accordance with Sec. 73.70, all analyses, assessments, calculations, and descriptions of the technical basis for demonstrating compliance with the performance requirements of paragraph (b) of this section. The licensee must protect these records in accordance with the requirements for protecting

safeguards information in Sec. Sec. 73.21 and 73.22.

(5) The licensee may not permit any individual to implement any part of the physical protection program unless the individual has been trained, equipped, and qualified to perform their assigned duties and responsibilities in accordance with the training and qualification plan.

(d) Search requirements. The licensee must establish and implement searches of individuals, vehicles, and materials to detect and prevent the introduction into the protected area of firearms, explosives, incendiary devices, or other items and material which could be used to commit radiological sabotage.

(e) Training and qualification program. The licensee must establish and maintain a training and qualification program that ensures personnel who are responsible for the physical protection of the facility against radiological sabotage are able to effectively perform their assigned security-related job duties for implementing the requirements of this section and must describe the program in the training and qualification plan.

(f) Security reviews. The licensee must establish and implement security reviews to assess the effectiveness of the implementation of the physical protection program. Security reviews must be performed by individuals independent of those personnel responsible for program management and any individual who has direct responsibility for implementing the onsite physical protection program.

(1) The licensee must review each element of the physical protection program at a frequency commensurate with the importance or significance to safety of plant operations to ensure timely identification and documentation of vulnerabilities, improvements, and corrective actions. The objective of these reviews must be maintaining effective implementation of the engineered and administrative controls required to achieve the physical protection program functions and the management system required to implement programs and requirements in this section.

(2) The licensee must establish and perform self-assessments to ensure the effective implementation of the physical protection program functions of detection, assessment, communication, delay, and interdiction and neutralization to protect against the design-basis threat of radiological sabotage. The licensee must perform design verification and assessments of the capabilities of active and passive engineering systems relied on to protect against the design-basis threat.

(3) Reviews of the security program must include, but are not limited to, an audit of the effectiveness of the physical protection program, security plans, implementing procedures, cybersecurity programs, safety/security interface activities, the testing, maintenance, and calibration program, and response commitments by local, State, and Federal law enforcement authorities.

(4) The results and recommendations of the onsite physical protection program reviews, management's findings regarding program effectiveness, and any actions taken as a result of recommendations from prior program reviews, must be documented in a report and must be maintained in an auditable form and available for inspection.

(g) Performance evaluation. Licensee performance evaluations must include methods appropriate and necessary to assess, test, and challenge the integration of the physical protection program's functions to protect against the design-basis threat, including measures to protect against cyberattack and engineered systems designed to protect against the design-basis threat standalone ground vehicle bomb attack.

(1) The licensee must establish the frequencies for performance evaluations commensurate with the security significance of the physical protection program.

(2) The licensee must document processes and procedures for implementing the performance evaluations. The licensee must maintain records, including results, findings, and corrective actions identified during the performance evaluations.

(h) Maintenance, testing, and calibration and corrective actions. (1) The licensee must ensure that security SSCs, including supporting systems, are inspected, tested, and calibrated for operability and performance at intervals necessary and sufficient to meet the requirements of this section.

(2) The licensee must implement corrective actions to ensure resolution of identified vulnerabilities and deficiencies to meet the requirements of this section.

(3) The licensee must establish and implement timely compensatory measures for degraded or inoperable security SSCs to meet the requirements of this section. Compensatory measures must provide a level of protection that is equivalent to the protection that was provided prior to the degradation or inoperability of the security structures, systems, or components.

(4) The licensee must document processes and procedures and maintain records for implementing the corrective actions, compensatory measures, and maintenance, inspection, testing, and calibration of security SSCs.

(i) Suspension of security measures. (1) The licensee may suspend implementation of affected requirements of this section in accordance with Sec. 53.740(h) of this chapter under the following conditions:

(i) In an emergency, when action is immediately needed to protect the public health and safety; and

(ii) During severe weather, when the suspension of affected security measures is immediately needed to protect the personal health and safety of personnel.

(2) Suspended security measures must be reinstated as soon as conditions permit.

(3) The suspension of security measures must be reported and documented in accordance with the provisions of Sec. Sec. 73.1200 and 73.1205.

(j) Records. (1) The Commission may inspect, copy, retain, and remove all reports, records, and documents required to be kept by Commission regulations, orders, or license conditions, whether the reports, records, and documents are kept by the licensee or a contractor.

(2) The licensee must maintain all records required to be kept by Commission regulations, orders, or license conditions, until the Commission terminates the license for which the records were developed and must maintain superseded portions of these records for at least 3 years after the record is superseded, unless otherwise specified by the Commission.

(3) If a contracted security force is used to implement the onsite physical protection program, the licensee's written agreement with the contractor must be retained by the licensee as a record for the duration of the contract.

(4) Review and audit reports must be available for inspection, for a period of 3 years.

Sec. 73.110 Technology-inclusive requirements for protection of digital computer and communication systems and networks.

(a) Each licensee that is licensed to operate a commercial nuclear plant under 10 CFR part 53 and elects to implement the requirements of this section must establish, implement, and maintain a cybersecurity program that is commensurate with the potential consequences resulting from cyberattacks, up to and including the design-basis threat as described in Sec. 73.1. The cybersecurity program must provide reasonable assurance that digital computer and communication

systems and networks are adequately protected against cyberattacks that are capable of causing the following consequences:

(1) Adversely impacting the safety, security, and emergency preparedness functions performed by digital assets that prevent a postulated fission product release resulting in offsite doses exceeding the values in Sec. 53.210 of this chapter.

(2) Adversely impacting the security functions performed by digital assets necessary for implementing the physical security requirements in Sec. 53.860(a) of this chapter.

(b) To protect digital computer and communication systems and networks associated with the functions described in paragraphs (a)(1) and (2) of this section, the licensee must--

(1) Analyze the potential consequences resulting from cyberattacks on digital computer and communication systems and networks and identify those assets that must be protected to demonstrate compliance with paragraph (a) of this section; and

(2) Implement the cybersecurity program in accordance with paragraph (d) of this section.

(c) The licensee must protect the systems and networks identified in paragraph (b)(1) of this section in a manner that is commensurate with the potential consequences resulting from cyberattacks that:

(1) Adversely impact the integrity or confidentiality of data and/ or software;

(2) Deny access to systems, services, and/or data; and

(3) Adversely impact the operation of systems, networks, and associated equipment.

(d) The cybersecurity program must be designed in a manner that is commensurate with the potential consequences resulting from cyberattacks through the following steps:

(1) Implement security controls to protect the assets identified under paragraph (b)(1) of this section from cyberattacks, commensurate with their safety and security significance;

(2) Apply and maintain defense-in-depth protective strategies to ensure the capability to detect, delay, respond to, and recover from cyberattacks capable of causing the consequences identified in paragraph (a) of this section;

(3) Mitigate the adverse effects of cyberattacks capable of causing the consequences identified in paragraph (a) of this section; and

(4) Ensure that the functions of protected assets identified under paragraph (b)(1) of this section are not adversely impacted due to cyberattacks.

(e) The licensee must implement the following requirements in a manner that is commensurate with the potential consequences resulting from cyberattacks:

(1) As part of the cybersecurity program, the licensee must comply with the requirements in Sec. 73.54(d)(1), (2), and (4), and must ensure that modifications to assets, identified under paragraph (b)(1) of this section are evaluated before implementation to ensure that the cybersecurity performance objectives identified in paragraph (a) of this section are maintained.

(2) The licensee must establish, implement, and maintain a cybersecurity plan that implements the cybersecurity program requirements of this section.

(i) The cybersecurity plan must describe how the requirements of this section will be implemented and must account for the site-specific conditions that affect implementation.

(ii) The cybersecurity plan must include measures for incident response and recovery for cyberattacks. The cybersecurity plan must include the analysis identified under paragraph (b)(1) of this section and describe how the licensee will--

(A) Apply and maintain defense-in-depth protective strategies as required in paragraph (d)(2) of this section;

(B) Maintain the capability for timely detection and response to cyberattacks;

(C) Mitigate the consequences of cyberattacks;

(D) Correct exploited vulnerabilities; and

(E) Restore affected systems, networks, and/or equipment affected by cyberattacks.

(3) The licensee must develop and maintain written policies and implementing procedures to implement the cybersecurity plan. Policies, implementing procedures, and other supporting technical information used by the licensee need not be submitted for Commission review and approval as part of the cybersecurity plan but are subject to inspection by NRC staff on a periodic basis.

(4) The licensee must establish and implement cybersecurity reviews to assess the effectiveness of the implementation of the cybersecurity program.

(i) The licensee must review each element of the cybersecurity program at a frequency commensurate with the importance or significance to safety of plant operations to ensure timely identification and documentation of vulnerabilities, improvements, and corrective actions.

(ii) Cybersecurity reviews must be performed by individuals independent of those personnel responsible for program management and any individual who has direct responsibility for implementing the cybersecurity program.

(iii) The licensee must establish and perform self-assessments to ensure the effective implementation of the cybersecurity program.

(iv) The results and recommendations of the cybersecurity program reviews, management's findings regarding program effectiveness, and any actions taken as a result of recommendations from prior program reviews, must be documented in a report and must be maintained in an auditable form and available for inspection.

(5) The licensee must retain all records and supporting technical documentation required to demonstrate compliance with the requirements of this section as a record until the Commission terminates the license for which the records were developed and must maintain superseded portions of these records for at least three (3) years after the record is superseded, unless otherwise specified by the Commission.

Sec. 73.120 Access authorization program for commercial nuclear plants.

(a) Introduction and scope. Each applicant for an operating license or a holder of a combined license under 10 CFR part 53 must establish, maintain, and implement an access authorization program before initial fuel load into the reactor (or, for a fueled manufactured reactor, before initiating the removal of the features to prevent criticality required under Sec. 53.620(d)(1) of this chapter). The requirements in this section apply to applicants and licensees who demonstrate compliance with 10 CFR 73.100(a)(1)(i).

(b) Applicability. (1) The following individuals must be subject to an access authorization program under this section:

(i) Any individual to whom a licensee intends to grant unescorted access to a commercial nuclear plant protected area, vital area, or controlled access area where licensed material is used or stored;

(ii) Any individual whose duties and responsibilities permit the individual to take actions by electronic means, either on site or remotely, that could adversely impact the licensee's or applicant's operational safety, security, or emergency preparedness;

(iii) Any individual who has responsibilities for implementing a licensee's or applicant's protective strategy, including armed security force

officers, alarm station operators, and tactical response team leaders but not including Federal, State, or local law enforcement personnel; and

(iv) The licensee or applicant access authorization program reviewing official or contractor or vendor access authorization program reviewers.

(2) The licensee or applicant may subject other individuals, including employees of a contractor or a vendor who are designated in access authorization program procedures, to an access authorization program that demonstrates compliance with the requirements of this section.

(c) General performance objectives and requirements. Each licensee's or applicant's access authorization program under this section must demonstrate that the individuals who are specified in paragraph (b) of this section are trustworthy and reliable, such that they do not constitute an unreasonable risk to public health and safety or the common defense and security. The licensee's access authorization program must maintain the capabilities for demonstrating compliance with the following performance requirements:

(1) Background investigation. (i)(A) Licensees and applicants must ensure that any individual seeking initial unescorted access or to maintain unescorted access is subject to a background investigation.

(B) Background investigations must include the program elements contained under Sec. 37.25 of this chapter and must also include a credit history evaluation.

(ii) Background investigations must include fingerprinting and an FBI identification and criminal history records check in accordance with Sec. 37.27 of this chapter.

(iii) Licensees must have the informed and signed consent of the subject individual to initiate a background investigation. This consent must include authorization to share personal information with other individuals or organizations as necessary to complete the background investigation. A signed consent must be obtained prior to any reinvestigation. The subject individual may withdraw his or her consent at any time. Licensees must inform the individual that--

(A) If an individual withdraws his or her consent, the licensee may not initiate any elements of the background investigation that were not in progress at the time the individual withdrew his or her consent; and

(B) The withdrawal of consent for the background investigation is sufficient cause for denial or termination of unescorted access authorization.

(2) Behavioral observation. Licensees, applicants, contractors, and vendors must ensure the access authorization program includes provisions that the individuals specified in paragraph (b) of this section are subject to behavioral observation.

(i) Each person subject to behavioral observation must communicate to the licensee or applicant observed behaviors or activities of individuals that may constitute an unreasonable risk to the health and safety of the public and common defense and security.

(ii) Behavioral observation must include visual observation, in person or remotely by video, to detect and promptly report to plant supervision any concerns arising from behavioral observation, including, but not limited to, concerns related to any questionable behavior patterns or activities of others.

(3) Self-reporting of legal actions. Licensees or applicants must inform personnel who are granted and who maintain unescorted access of their responsibilities to self-report to plant supervision legal actions taken by a law enforcement authority or court of law against the individual that could result in incarceration or a court order or that requires a court appearance, including but not limited to an arrest, an indictment, the filing of charges, or a conviction, but excluding minor civil actions or misdemeanors such as parking violations or speeding tickets, for any individual who has applied for unescorted access or who maintains unescorted access.

(4) Unescorted access. Licensees or applicants must grant unescorted access only after the licensee has verified an individual is trustworthy and reliable. A list of persons currently approved for unescorted access to a protected area, vital area, or controlled access area must be maintained at all times. Unescorted access determinations must be reviewed annually by the reviewing official. Licensees and applicants must complete an FBI criminal history record check update for each individual maintaining unescorted access, within 10 years of the last review.

(5) Termination of unescorted access. Licensees and applicants must promptly terminate unescorted access when this access is no longer required or a reviewing official determines an individual is no longer trustworthy and reliable in accordance with this section.

(6) Determination basis for access. (i) The licensee's or applicant's reviewing official must determine whether to permit, deny, unfavorably terminate, maintain, or administratively withdraw an individual's unescorted access based on an evaluation of all of the information collected to demonstrate compliance with the requirements of this section.

(ii) Licensees and applicants must provide individuals subject to this section, prior to any final adverse determination, the right to complete, correct, and explain information obtained as a result of the licensee's background investigation pursuant to Sec. 37.23(g) of this chapter.

(iii) The licensee's or applicant's reviewing officials are the only individuals authorized to make unescorted access determination decisions. Each licensee or applicant must name one or more individuals to be reviewing officials pursuant to the requirements of Sec. 37.23(b)(2) of this chapter.

(7) Review procedures. Review procedures must be established in accordance with Sec. 37.23(f) of this chapter, to include provisions for the notification in writing of individuals who are denied unescorted access or who are unfavorably terminated.

(8) Protection of information. Licensees, applicants, contractors, or vendors must establish and maintain a system of files and procedures in accordance with Sec. 37.31 of this chapter, to ensure personal information is not disclosed to unauthorized persons.

(9) Access authorization reviews and corrective action. Licensees and applicants must develop, implement, and maintain procedures for conduct of access authorization reviews and corrective actions in accordance with Sec. 37.33 of this chapter to ensure the continuing effectiveness of the access authorization program and to ensure that the access authorization program and program elements are in compliance with the requirements of this section. Each licensee and applicant must be responsible for the continuing effectiveness of the access authorization program, including access authorization program elements that are provided by the contractors or vendors, and the access authorization programs of any of the contractors or vendors that are accepted by the licensee or applicant.

(10) Records. Licensees, applicants, and contractors or vendors must document the processes and procedures for maintaining records used or created to establish an individual's trustworthiness and reliability or to document access determinations. Licensees, applicants, and contractor or vendors must--

(i) Retain documentation regarding the trustworthiness and reliability of individual employees for 3 years from the date the individual no longer requires unescorted access;

(ii) Retain a copy of the current access authorization program procedures as a record for 3 years after the procedure is no longer needed. If any portion of the procedure is superseded, retain the superseded material for 3 years after the record is superseded; and

(iii) Retain the list of persons approved for unescorted access for 3 years after the list is superseded or replaced. Records maintained in any database(s) must be available for NRC review.

0 162. In Sec. 73.1200, revise paragraphs (a) introductory text, (c)(1) introductory text, (e)(1) introductory text, (e)(4), (g)(1) introductory text, (o)(5)(i) and (o)(6)(i), (r), and (s) to read as follows:

Sec. 73.1200 Notification of physical security events.

(a) 15-minute notifications--facilities. Each licensee subject to the provisions of Sec. 73.20, Sec. 73.45, Sec. 73.46, Sec. 73.51, Sec. 73.55, or Sec. 73.100 must notify the NRC Headquarters Operations Center, as soon as possible but within 15 minutes after-- * * * * *

(c) * * *

(1) Each licensee subject to the provisions of Sec. 73.20, Sec. 73.45, Sec. 73.46, Sec. 73.50, Sec. 73.51, Sec. 73.55, Sec. 73.60, Sec. 73.67, or Sec. 73.100 must notify the NRC Headquarters Operations Center as soon as possible but no later than 1 hour after the time of discovery of the following significant facility security events involving-- * * * * *

(e) * * *

(1) Each licensee subject to the provisions of Sec. 73.20, Sec. 73.45, Sec. 73.46, Sec. 73.50, Sec. 73.51, Sec. 73.55, Sec. 73.60, Sec. 73.67, or Sec. 73.100 must notify the NRC Headquarters Operations Center within 4 hours after time of discovery of the following facility security events involving-- * * * * *

(4) For licensees subject to the provisions of Sec. 73.55 or Sec. 73.100, an event involving the licensee's suspension of security measures. * * * * *

(g) * * *

(1) Each licensee subject to the provisions of Sec. 73.20, Sec. 73.45, Sec. 73.46, Sec. 73.50, Sec. 73.51, Sec. 73.55, Sec. 73.60, Sec. 73.67, or Sec. 73.100 must notify the NRC Headquarters Operations Center within 8 hours after time of discovery of the following facility security program failures involving-- * * * * *

(o) * * *

(5) * * *

(i) Licensees must establish the requested continuous communications channel once the licensee has completed other required notifications under this section, Sec. 50.72 of this chapter, appendix E to part 50 of this chapter, Sec. 53.1630 of this chapter, Sec. 70.50 of this chapter; or Sec. 72.75 of this chapter; as appropriate. * * * * *

(6) * * *

(i) Licensees must establish the requested continuous communications channel once the licensee or the movement control center has completed other required notifications under this section, Sec. 50.72 of this chapter, appendix E to part 50 of this chapter, Sec. 53.1630 of this chapter, Sec. 70.50 of this chapter; Sec. 72.75 of this chapter; or requested assistance from the LLEA, as appropriate. * * * * *

(r) Declaration of emergencies. Licensees notifying the NRC of the declaration of an emergency class must do so in accordance with Sec. Sec. 50.72, 53.1630, 63.73, 70.50, and 72.75 of this chapter, as applicable.

(s) Elimination of duplication. Licensees with notification obligations under paragraphs (a) through (h), (m), and (n) of this section and Sec. Sec. 50.72, 53.1630, 63.73, 70.50, and 72.75 of this chapter may notify the NRC of events in a single communication. This communication must identify each regulation under which the licensee is reporting. * * * * *

0 163. In Sec. 73.1205, revise paragraph (b)(2) to read as follows:

Sec. 73.1205 Written follow-up reports of physical security events.

* * * * *

(b) * * *

(2)(i) Licensees subject to Sec. 50.73 or Sec. 53.1640 of this chapter must prepare the written follow-up report on NRC Form 366.

(ii) Licensees not subject to Sec. 50.73 or Sec. 53.1640 of this chapter must prepare the written follow-up report in a letter format. * * * * *

0 164. In Sec. 73.1210, revise paragraphs (a)(1) and (b)(3)(i) to read as follows:

Sec. 73.1210 Recordkeeping of physical security events.

(a) * * *

(1) Licensees with facilities or shipment activities subject to the provisions of Sec. 73.20, Sec. 73.25, Sec. 73.26, Sec. 73.27, Sec. 73.37, Sec. 73.45, Sec. 73.46, Sec. 73.50, Sec. 73.51, Sec. 73.55, Sec. 73.60, Sec. 73.67, or Sec. 73.100, must record the physical security events and conditions adverse to security that are specified in paragraphs (c) through (f) of this section. * * * * *

(b) * * *

(3) * * *

(i) Licensees must record these physical security events and conditions adverse to security in either a stand-alone safeguards event log or as part of the licensee's corrective action program, as specified under the applicable quality assurance program provisions of parts 50, 52, 53, 60, 63, 70, and 72 of this chapter, or both. * * * * *

0 165. In Sec. 73.1215, revise paragraph (d)(1) to read as follows:

Sec. 73.1215 Suspicious activity reports.

* * * * *

(d) * * *

(1) For licensees subject to the provisions of Sec. 73.20, Sec. 73.45, Sec. 73.46, Sec. 73.50, Sec. 73.51, Sec. 73.55, Sec. 73.60, Sec. 73.67, or Sec. 73.100, the licensees must report activities they assess are suspicious. Examples include, but are not limited to, the following: * * * * *

0 166. In appendix B to part 73, revise Definitions introductory text to read as follows:

Appendix B to Part 73--General Criteria for Security Personnel

* * * * *

Terms defined in parts 50, 53, 70, and 73 of this chapter have the same meaning when used in this appendix. * * * * *

PART 74--MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR MATERIAL

0 167. The authority citation for 10 CFR part 74 continues to read as follows:

Authority: Atomic Energy Act of 1954, secs. 53, 57, 161, 182, 223, 234, 1701 (42 U.S.C. 2073, 2077, 2201, 2232, 2273, 2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note.

0 168. In Sec. 74.31, revise paragraph (a) introductory text to read as follows:

Sec. 74.31 Nuclear material control and accounting for special nuclear material of low strategic significance.

(a) General performance objectives. Each licensee who is authorized to possess and use more than one effective kilogram of special nuclear material of low strategic significance, excluding sealed sources, at any site or contiguous sites subject to control by the licensee,

other than a production or utilization facility licensed pursuant to part 50, part 53, or part 70 of this chapter, or operations involved in waste disposal, shall implement and maintain a Commission-approved material control and accounting system that will achieve the following objectives: * * * * *

0 169. In Sec. 74.41, revise paragraph (a) introductory text to read as follows:

Sec. 74.41 Nuclear material control and accounting for special nuclear material of moderate strategic significance.

(a) General performance objectives. Each licensee who is authorized to possess special nuclear material (SNM) of moderate strategic significance or SNM in a quantity exceeding one effective kilogram of strategic special nuclear material in irradiated fuel reprocessing operations other than as sealed sources and to use this material at any site other than a nuclear reactor licensed pursuant to part 50 or part 53 of this chapter; or as reactor irradiated fuels involved in research, development, and evaluation programs in facilities other than irradiated fuel reprocessing plants; or an operation involved with waste disposal, shall establish, implement, and maintain a Commission- approved material control and accounting (MC&A) system that will achieve the following performance objectives: * * * * *

0 170. In Sec. 74.51, revise paragraph (a) introductory text to read as follows:

Sec. 74.51 Nuclear material control and accounting for strategic special nuclear material.

(a) General performance objectives. Each licensee who is authorized to possess five or more formula kilograms of strategic special nuclear material (SSNM) and to use such material at any site, other than a nuclear reactor licensed pursuant to part 50 or 53 of this chapter, an irradiated fuel reprocessing plant, an operation involved with waste disposal, or an independent spent fuel storage facility licensed pursuant to part 72 of this chapter shall establish, implement, and maintain a Commission-approved material control and accounting (MC&A) system that will achieve the following objectives: * * * * *

PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF SAFEGUARDS AGREEMENTS BETWEEN THE UNITED STATES AND THE INTERNATIONAL ATOMIC ENERGY AGENCY

0 171. The authority citation for 10 CFR part 75 continues to read as follows:

Authority: Atomic Energy Act of 1954, secs. 53, 63, 103, 104, 122, 161, 223, 234, 1701 (42 U.S.C. 2073, 2093, 2133, 2134, 2152, 2201, 2273, 2282, 2297f); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); Nuclear Waste Policy Act of 1982, secs. 135, 141 (42 U.S.C. 10155, 10161); 44 U.S.C. 3504 note.

Section 75.4 also issued under Nuclear Waste Policy Act secs. 135 (42 U.S.C. 10155, 10161).

0 172. In Sec. 75.4, revise the second paragraph of the introductory text and the definition for “Facility” to read as follows:

Sec. 75.4 Definitions.

* * * * *

Unless otherwise defined in this section, the terms defined in Sec. Sec. 40.4, 50.2, 53.020, and 70.4 of this chapter have the same meaning when used in this part. * * * * *

Facility means:

(6) Any plant or location where the possession of more than 1 effective kilogram of nuclear material is licensed pursuant to 10 CFR part 40, 50, 53, 60, 61, 63, 70, 72, 76, or 150 of this chapter or an Agreement State license. * * * * *

PART 95--FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL SECURITY INFORMATION AND RESTRICTED DATA

0 173. The authority citation for 10 CFR part 95 continues to read as follows:

Authority: Atomic Energy Act of 1954, secs. 145, 161, 223, 234 (42 U.S.C. 2165, 2201, 2273, 2282); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 44 U.S.C. 3504 note; E.O. 10865, as amended, 25 FR 1583, 3 CFR, 1959-1963 Comp., p. 398; E.O. 12829, 58 FR 3479, 3 CFR, 1993 Comp., p. 570; E.O. 12968, 60 FR 40245, 3 CFR, 1995 Comp., p. 391; E.O. 13526, 75 FR 707, 3 CFR, 2009 Comp., p. 298.

0 174. In Sec. 95.5, revise the definition for “License” to read as follows:

Sec. 95.5 Definitions.

* * * * *

License means a license issued under 10 CFR part 50, 52, 53, 54, 60, 63, 70, or 72. * * * * *

Sec. 95.39 [Amended]

0 175. In Sec. 95.39(a), remove “part 52” and add in its place “part 52 or part 53.”

PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS

0 176. The authority citation for 10 CFR part 140 continues to read as follows:

Authority: Atomic Energy Act of 1954, secs. 161, 170, 223, 234 (42 U.S.C. 2201, 2210, 2273, 2282); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note.

0 177. In Sec. 140.2, revise paragraphs (a)(1) and (2) to read as follows:

Sec. 140.2 Scope.

(a) * * *

(1) To each person who is an applicant for or holder of a license issued under 10 CFR part 50, 52, 53, or 54 to operate a nuclear reactor; and

(2) With respect to an extraordinary nuclear occurrence, to each person who is an applicant for or holder of a license to operate a production facility or a utilization facility (including an operating license issued under part 50 or part 53 of this chapter and a combined license under part 52 or part 53 of this chapter), and to other persons indemnified with respect to the involved facilities. * * * * *

0 178. Revise Sec. 140.10 to read as follows:

Sec. 140.10 Scope.

This subpart applies to each person who is an applicant for or holder of a license issued under 10 CFR part 50, 53 or 54 to operate a nuclear reactor, or is the applicant for or holder of a combined license issued under 10 CFR part 52, 53, or 54, except licenses held by persons found by the Commission to be Federal agencies or nonprofit educational institutions licensed to conduct educational activities. This subpart also applies to persons licensed to possess and use plutonium in a plutonium processing and fuel fabrication plant.

0 179. In Sec. 140.11, revise paragraph (b) to read as follows:

Sec. 140.11 Amounts of financial protection for certain reactors.

* * * * *

(b) In any case where a person is authorized under 10 CFR part 50, 52, 53, or 54 to operate two or more nuclear reactors at the same location, the total primary financial protection required of the licensee for all such reactors is the highest amount which would otherwise be required for any one of those

reactors; provided, that such primary financial protection covers all reactors at the location.

0 180. In Sec. 140.12, revise paragraph (c) to read as follows:

Sec. 140.12 Amount of financial protection required for other reactors.

* * * * *

(c) In any case where a person is authorized under 10 CFR part 50, 52, 53, or 54 to operate two or more nuclear reactors at the same location, the total financial protection required of the licensee for all such reactors is the highest amount which would otherwise be required for any one of those reactors; provided, that such financial protection covers all reactors at the location. * * * * *

0 181. Revise Sec. 140.13 to read as follows:

Sec. 140.13 Amount of financial protection required of certain holders of construction permits and combined licenses.

Each holder of a 10 CFR part 50 or 10 CFR part 53 construction permit, or a holder of a combined license under part 52 or part 53 of this chapter before the date that the Commission had made the finding under Sec. 52.103(g) or Sec. 53.1452(g) of this chapter, who also holds a license under part 70 of this chapter authorizing ownership, possession and storage only of special nuclear material at the site of the nuclear reactor for use as fuel in operation of the nuclear reactor after issuance of either an operating license under 10 CFR part 50 or 53, or a combined license under 10 CFR part 52 or 53, shall, during the period before issuance of a license authorizing operation under 10 CFR part 50 or 53, or the period before the Commission makes the finding under Sec. 52.103(g) or Sec. 53.1452(g) of this chapter, as applicable, have and maintain financial protection in the amount of $1,000,000. Proof of financial protection shall be filed with the Commission in the manner specified in Sec. 140.15 before issuance of the license under part 70 of this chapter.

0 182. In Sec. 140.20, revise paragraphs (a)(1)(i) and (ii) to read as follows:

Sec. 140.20 Indemnity agreements and liens.

(a) * * *

(1)(i) The effective date of the license (issued under part 50 or part 53 of this chapter) authorizing the licensee to operate the nuclear reactor involved; or

(ii) The date that the Commission makes the finding under Sec. 52.103(g) or Sec. 53.1452(g) of this chapter; or * * * * *

PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274

0 183. The authority citation for 10 CFR part 150 continues to read as follows:

Authority: Atomic Energy Act of 1954, secs. 11, 53, 81, 83, 84, 122, 161, 181, 223, 234, 274 (42 U.S.C. 2014, 2201, 2231, 2273, 2282, 2021); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); Nuclear Waste Policy Act of 1982, secs. 135, 141 (42 U.S.C. 10155, 10161); 44 U.S.C. 3504 note.

Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued under Atomic Energy Act secs. 11e(2), 81, 83, 84 (42 U.S.C. 2014e(2), 2111, 2113, 2114).

Section 150.14 also issued under Atomic Energy Act sec. 53 (42 U.S.C. 2073).

Section 150.15 also issued under Nuclear Waste Policy Act sec. 135 (42 U.S.C. 10155, 10161).

Section 150.17a also issued under Atomic Energy Act sec. 122 (42 U.S.C. 2152).

Section 150.30 also issued under Atomic Energy Act sec. 234 (42 U.S.C. 2282).

0 184. In Sec. 150.15, revise paragraphs (a)(7)(iii) and (a)(8) to read as follows:

Sec. 150.15 Persons not exempt.

(a) * * *

(7) * * *

(iii) Greater than Class C (GTCC) waste, as defined in part 72 of this chapter, in an ISFSI or an MRS licensed under part 72 of this chapter; the GTCC waste must originate in, or be used by, a facility licensed under part 50, part 52, or part 53 of this chapter.

(8) Greater than Class C waste, as defined in part 72 of this chapter, that originates in, or is used by, a facility licensed under part 50, part 52, or part 53 of this chapter and is licensed under part 30 and/or part 70 of this chapter. * * * * *

PART 170--FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED

0 185. The authority citation for 10 CFR part 170 continues to read as follows:

Authority: Atomic Energy Act of 1954, secs. 11, 161(w) (42 U.S.C. 2014, 2201(w)); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2215; 31 U.S.C. 901, 902, 9701; 44 U.S.C. 3504 note.

0 186. In Sec. 170.3, revise the definitions for “Manufacturing License,” “Part 55 Reviews,” “Power reactor,” and “Special projects” to read as follows:

Sec. 170.3 Definitions.

* * * * *

Manufacturing license means a license under subpart F of part 52 of this chapter or subpart H of part 53 of this chapter to manufacture a nuclear power reactor(s) to be operated at sites not identified in the license application. * * * * *

Part 55 Reviews as used in this part means those services provided by the Commission to administer requalification and replacement examinations and tests for reactor operators licensed under 10 CFR part 55 or part 53 of the Commission's regulations and employed by part 50 or part 53 licensees. These services also include related items such as the preparation, review, and grading of the examinations and tests. * * * * *

Power reactor means a nuclear reactor designed to produce electrical or heat energy licensed by the Commission under the authority of section 103 or subsection 104b of the Act, and under the provisions of Sec. 50.21(b), Sec. 50.22, or part 53 of this chapter. * * * * *

Special projects means specific services provided by the Commission for which fees are not otherwise specified in this chapter. This includes, but is not limited to, contested hearings on licensing actions directly related to U.S. Government national security initiatives (as determined by the NRC), topical report reviews, early site reviews, waste solidification activities, activities related to the tracking and monitoring of shipment of classified matter, services provided to certify licensee, vendor, or other private industry personnel as instructors for 10 CFR part 55 or part 53 reactor operators, reviews of financial assurance submittals that do not require a license amendment, reviews of responses to Confirmatory Action Letters, reviews of uranium recovery licensees' land-use survey reports, and reviews of Sec. 50.71 or Sec. 53.1545 of this chapter Final Safety Analysis Reports. Special projects does not include activities otherwise exempt from fees under this part. It also does not include those contested hearings for which a fee exemption is granted in Sec. 170.11(a)(2), including those related to individual plant security modifications. * * * * *

0 187. In Sec. 170.12, revise paragraph (d)(1)(v) to read as follows:

Sec. 170.12 Payment of fees.

* * * * *

(d) * * *

(1) * * *

(v) 10 CFR 50.71 or 53.1545 Final Safety Analysis Reports; * * * * *

Sec. 170.21 [Amended]

0 188. In Sec. 170.21, in footnote 1 remove the phrase “(e.g., 10 CFR 50.12, 10 CFR 73.5)” and add in its place the phrase “(e.g., 10 CFR 50.12, 10 CFR 53.080, 10 CFR 73.5)”.

0 189. Revise Sec. 170.41 to read as follows:

Sec. 170.41 Failure by an applicant or licensee to pay prescribed fees.

If the Commission determines that an applicant or a licensee has failed to pay a prescribed fee required in this part, the Commission will not process any application and may suspend or revoke any license or approval issued to the applicant or licensee. The Commission may issue an order with respect to licensed activities that the Commission determines to be appropriate or necessary to carry out the provisions of this part, parts 30, 31, 32 through 35, 40, 50, 53, 61, 70, 71, 72, 73, and 76 of this chapter, and of the Act.

PART 171--ANNUAL FEES FOR REACTOR LICENSES AND FUEL CYCLE LICENSES AND MATERIALS LICENSES, INCLUDING HOLDERS OF CERTIFICATES OF COMPLIANCE, REGISTRATIONS, AND QUALITY ASSURANCE PROGRAM APPROVALS AND GOVERNMENT AGENCIES LICENSED BY THE NRC

0 190. The authority citation for 10 CFR part 171 continues to read as follows:

Authority: Atomic Energy Act of 1954, secs. 11, 161(w), 223, 234 (42 U.S.C. 2014, 2201(w), 2273, 2282); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2215; 44 U.S.C. 3504 note.

0 191. Revise Sec. 171.3 to read as follows:

Sec. 171.3 Scope.

The regulations in this part apply to any person holding an operating license for a test reactor or research reactor issued under part 50 of this chapter, and to any person holding an operating license for a power reactor licensed under 10 CFR part 50 or part 53, or a combined license issued under 10 CFR part 52 or part 53, that has provided notification to the U.S. Nuclear Regulatory Commission (NRC) that the licensee has successfully completed power ascension testing. The regulations in this part also apply to any person holding a materials license as defined in this part, a Certificate of Compliance, a sealed source or device registration, a quality assurance program approval, and to a Government agency as defined in this part. Notwithstanding the other provisions in this section, the regulations in this part do not apply to uranium recovery and fuel facility licensees until after the Commission verifies through inspection that the facility has been constructed in accordance with the requirements of the license.

0 192. In Sec. 171.5, revise the definitions for “Operating license” and “Power reactor” to read as follows:

Sec. 171.5 Definitions.

* * * * *

Operating license means having a license issued under Sec. 50.57 or Sec. 53.1387 of this chapter. It does not include licenses that only authorize possession of special nuclear material after the Commission has received a request from the licensee to amend its licensee to permanently withdraw its authority to operate or the Commission has permanently revoked such authority. * * * * *

Power reactor means a nuclear reactor designed to produce electrical or heat energy and licensed by the Commission under the authority of section 103 or subsection 104b of the Atomic Energy Act of 1954, as amended, and under the provisions of Sec. 50.21(b) or Sec. 50.22, or part 53 of this chapter. * * * * *

0 193. In Sec. 171.15, revise paragraphs (a), (b)(2)(iii), (c)(1), and (d)(1) to read as follows:

Sec. 171.15 Annual fees: Non-power production or utilization licenses, reactor licenses, and independent spent fuel storage licenses.

(a) Each person holding an operating license for one or more non- power production or utilization facilities under 10 CFR part 50 that has provided notification to the NRC of the successful completion of startup testing; each person holding an operating license for a power reactor licensed under 10 CFR part 50 or a combined license under 10 CFR part 52, or an operating license or combined license for a commercial nuclear plant under 10 CFR part 53, that has provided notification to the NRC of the successful completion of power ascension testing; each person holding a 10 CFR part 50 or part 52, power reactor license, or a 10 CFR part 53 commercial nuclear plant license that is in decommissioning or possession only status, except those that have no spent fuel onsite; and each person holding a 10 CFR part 72 license who does not hold a 10 CFR part 50, part 52, or part 53 license and provides notification under Sec. 72.80(g) of this chapter, shall pay the annual fee for each license held during the Federal fiscal year in which the fee is due. This paragraph (a) does not apply to test or research reactors exempted under Sec. 171.11(b).

(b) * * *

(2) * * *

(iii) Generic activities required largely for NRC to regulate power reactors (e.g., updating part 50, part 52, or part 53 of this chapter, operating the Incident Response Center, new reactor regulatory infrastructure). The base annual fee for operating power reactors does not include generic activities specifically related to reactor decommissioning.

(c)(1) The FY 2025 annual fee for each power reactor holding a 10 CFR part 50 or part 53 operating license or combined license issued under 10 CFR part 52 or part 53 that is in a decommissioning or possession-only status and has spent fuel onsite, and for each independent spent fuel storage 10 CFR part 72 licensee who does not hold a 10 CFR part 50 or part 53 operating license, or a 10 CFR part 52 or part 53 combined license, is $326,000. * * * * *

(d)(1) Each person holding an operating license for an SMR issued under 10 CFR part 50 or part 53, or a combined license issued under 10 CFR part 52 or part 53, that has provided notification to the NRC of the successful completion startup testing, shall pay the annual fee for all licenses held for an SMR site. The annual fee will be determined using the cumulative licensed thermal power rating of all SMR units and the bundled unit concept, during the fiscal year in which the fee is due. For a given site, the use of the bundled unit concept is independent of the number of SMR plants, the number of SMR licenses issued, or the sequencing of the SMR licenses that have been issued. * * * * *

0 194. In Sec. 171.17, revise paragraphs (a) introductory text, (a)(1)(ii), and (a)(2) to read as follows:

Sec. 171.17 Proration.

* * * * *

(a) Reactors, 10 CFR part 72 licensees who do not hold 10 CFR part 50, 10 CFR part 52, or 10 CFR part 53 licenses, and materials licenses with annual fees of $100,000 or greater for a single fee category. The NRC will base the proration of annual fees for terminated and downgraded licenses on the fee rule in effect at the time the action is official. The NRC will base the determinations on the proration requirements under paragraphs (a)(2) and (3) of this section.

(1) * * *

(ii) The annual fees for new licenses for non-power production or utilization facilities, 10 CFR part 72 licensees who do not hold 10 CFR part 50, part 52, or part 53 licenses, and materials licenses with annual fees of $100,000 or greater for a single fee category for the current FY, that are subject to fees under this part and are granted a license to operate on or after October 1 of a FY, are prorated on the basis of the number of days remaining in the FY. Thereafter, the full annual fee is due and payable each subsequent FY.

(2) Terminations. The base operating power reactor annual fee for operating reactor licensees or the annual fee for small modular reactor licensees, who have requested amendment to withdraw operating authority permanently during the FY will be prorated based on the number of days during the FY the license was in effect before docketing of the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel or when a final legally effective order to permanently cease operations has come into effect. The spent fuel storage/reactor decommissioning annual fee for reactor licensees who permanently cease operations and have permanently removed fuel from the site during the FY will be prorated on the basis of the number of days remaining in the FY after docketing of both the certifications of permanent cessation of operations and permanent removal of fuel from the site. The spent fuel storage/reactor decommissioning annual fee will be prorated for those 10 CFR part 72 licensees who do not hold a 10 CFR part 50, part 52, or part 53 license who request termination of the 10 CFR part 72 license and permanently cease activities authorized by the license during the FY based on the number of days the license was in effect before receipt of the termination request. The annual fee for materials licenses with annual fees of $100,000 or greater for a single fee category for the current FY will be prorated based on the number of days remaining in the FY when a termination request or a request for a possession-only license is received by the NRC, provided the licensee permanently ceased licensed activities during the specified period. The annual fee for non-power production or utilization facilities will be prorated based on the number of days remaining in the FY when the authorization to operate the facility has been permanently removed from the license during the FY. * * * * *

Dated: March 25, 2026.

For the Nuclear Regulatory Commission. Tomas Herrera, Acting Secretary of the Commission. [FR Doc. 2026-06048 Filed 3-27-26; 8:45 am] BILLING CODE 7590-01-P