Nuclear Regulatory Commission: Fee Schedules; Fee Recovery for Fiscal Year 2025

B-337627

July 9, 2025

The Honorable Shelley Moore Capito
Chairman
The Honorable Sheldon Whitehouse
Ranking Member
Committee on Environment and Public Works
United States Senate

The Honorable Brett Guthrie
Chairman
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce
House of Representatives

Subject: Nuclear Regulatory Commission: Fee Schedules; Fee Recovery for Fiscal Year 2025

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Nuclear Regulatory Commission (NRC) entitled “Fee Schedules; Fee Recovery for Fiscal Year 2025” (RIN: 3150-AK95). We received the rule on June 24, 2025. It was published in the Federal Register on June 24, 2025. 90 Fed. Reg. 26730. The effective date of the rule is August 25, 2025.

This rule amends the licensing, inspection, special project, and annual fees charged to NRC's applicants and licensees. 90 Fed. Reg. 26730. In addition, NRC stated that it is making amendments to implement a reduced hourly rate for advanced nuclear reactor applicants and pre-applicants for certain activities. Id.

Enclosed is our assessment of NRC's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact Charlie McKiver, Assistant General Counsel, at (202) 512-5992.

Shirley A. Jones
Managing Associate General Counsel

Enclosure

cc: David Decker
Associate Director, OCA
Nuclear Regulatory Commission

ENCLOSURE

REPORT UNDER 5 U.S.C. § 801(a)(2)(A) ON A MAJOR RULE
ISSUED BY THE
NUCLEAR REGULATORY COMMISSION
ENTITLED
“FEE SCHEDULES; FEE RECOVERY FOR FISCAL YEAR 2025”
(RIN: 3150-AK95)

(i) Cost-benefit analysis

The Nuclear Regulatory Commission (NRC) prepared an analysis of the costs and benefits for this rule. See 90 Fed. Reg. 26730, 26751. NRC determined that the rule results in a net cost to licensees of approximately $453,000, excluding transfer payments. Id. NRC noted that it plans to quantify benefits attributable to the Reduced Hourly Rate starting in fiscal year 2025, after the Reduced Hourly Rate becomes effective. Id.

(ii) Agency actions relevant to the Regulatory Flexibility Act (RFA), 5 U.S.C. §§ 603–605, 607, and 609

NRC determined that this rule will have a significant economic impact on a substantial number of small entities, and prepared a Final Regulatory Flexibility Analysis. 90 Fed. Reg. 26750.

(iii) Agency actions relevant to sections 202–205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. §§ 1532–1535

As an independent regulatory agency, NRC is not subject to the Act.

(iv) Other relevant information or requirements under acts and executive orders

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

On February 19, 2025, NRC published a proposed rule. 90 Fed. Reg. 9848. NRC stated that they received comments from various parties. See 90 Fed. Reg. 26745. NRC responded to comments in the rule. Id.

Paperwork Reduction Act (PRA), 44 U.S.C. §§ 3501–3520

NRC determined that this rule contains no new or amended information collection requirements under the Act. 90 Fed. Reg. 26752.

Statutory authorization for the rule

NRC promulgated this rule pursuant to the Nuclear Innovation and Modernization Act, 42 U.S.C. § 2215.

Executive Order No. 12866 (Regulatory Planning and Review)

NRC stated that this rule is significant under the Order. See 90 Fed. Reg. 26752. NRC stated that it submitted the rule to OMB. Id.

Executive Order No. 13132 (Federalism)

As an independent regulatory agency, NRC is not subject to the Order.