• Price Anderson protection and indemnity fees and amounts for 

reprocessing facilities are currently not included in 10 CFR Part 140, 

“Financial Protection Requirements and Indemnity Agreements” 

• Several appendices to 10 CFR Part 140 do not include forms for 

reprocessing facilities

2

Gap 12 Summary
• Proposing to revise 10 CFR Part 140

• Extend the applicability to reprocessing facilities

• Establish the specific amount of primary liability insurance required 

for production or reprocessing facilities

• Establish the appropriate fee for executing and issuing indemnity 

agreements for production or reprocessing facilities

• Amend current appendices or include a new appendix to include a 

standard form for indemnity agreements for production or 

reprocessing facilities

3

NRC Proposed Position
• Have not received any stakeholder feedback

• NRC staff did not consider alternative approaches to proposed 

approach, because financial protection and liability insurance 

for reprocessing facilities are required by statute

4

Previous Stakeholder Input
• The scope of 10 CFR Part 170, “Fees for Facilities, Materials, 

Import and Export Licenses, and Other Regulatory Services 

Under the Atomic Energy Act of 1954, as Amended,” does not 

include a production facility licensed outside 10 CFR Part 50

5

Gap 13 Summary
• Proposing to revise 10 CFR Part 170

• Extend the applicability to reprocessing facilities

• Establish the schedules of fee

• No alternatives to rulemaking considered

• Section 6101(c)(3) of Omnibus Budget Reconciliation Act of 1990 

(OBRA-90) requires NRC to “[...] establish, by rule, a schedule of 

charges fairly and equitably allocating the aggregate amount of 

charges described in paragraph (2) among licensees.” 

6

NRC Proposed Position
• NEI white paper addresses fees under 10 CFR Part 170

• Identifies fees prescribed in 10 CFR 170 to be submitted with license 

application

• No other stakeholder input on this topic

• NRC’s position is consistent with NEI’s acknowledgement of fees 

prescribed by 10 CFR Part 170

7

Previous Stakeholder Input
• The regulations in 10 CFR 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,” do not include annual fees for reprocessing facility licenses

• The scope of the regulation, described in 10 CFR 171.3, does not 

specifically include reprocessing or production facilities

8

Gap 14 Summary
• Proposing to revise 10 CFR Part 171

• Extend the applicability to reprocessing facilities

• Establish the annual fee

• No alternatives to rulemaking considered

• Section 6101(c)(3) of Omnibus Budget Reconciliation Act of 

1990 (OBRA-90) requires NRC to “[...] establish, by rule, a 

schedule of charges fairly and equitably allocating the 

aggregate amount of charges described in paragraph (2) 

among licensees.” 

9

NRC Proposed Position
• Have not received any stakeholder feedback

• NRC staff did not consider alternative approaches to 

rulemaking, because the annual fee is required by statute to 

be set by rule

10

Previous Stakeholder Input
• Gaps concern issues that are specifically addressed by statute

• Rulemaking is the only alternative considered

• Stakeholder input has been considered

11

Gap Integration
• No questions were identified previously

• For discussion: If NRC proceeds with rulemaking, what sources of 

information should be considered to inform 

• The determination of the annual fee amount, and 

• The specific amount of primary liability insurance required?

12

Questions for Stakeholders