The Nuclear Energy Innovation and Modernization Act of 2019 (NEIMA) requires that the NRC recover, to the maximum extent practicable, approximately 100 percent of its annual budget less certain amounts excluded from the fee recovery requirement. Applicants are charged for every staff-hour spent working on submittals, performing inspections, and any other mission-related activity associated with the applicant or license holder. The initial high-level interactions with the NRC staff, including an introductory public meeting, will not be billed to the applicant. The initial discussions and public meeting shall not contain technical discussions or requests for NRC feedback because the NRC must charge an applicant fees once technical discussions of the design or project commence.
In the Fiscal Year 2026 final fee rule, the NRC established fixed caps on service fees for requested activities of the Commission that involve the issuance of a final safety evaluation, consistent with NEIMA and to implement Section 5(a) of EO 14300. The fixed fee cap requirements are in Section 170.33 of Title 10 of the Code of Federal Regulations (10 CFR) and 10 CFR 170.3 contain applicable definitions. In August 2026, the NRC issued an Office Instruction, Establishment and Management of Fixed Fee Caps, which provides the staff with detailed processes for establishing, communicating, and managing fixed fee caps and includes potential examples of actions or inaction that may lead to applicant failure.