§170.33. Executive Order 14300 fixed fee caps.

Fees under §§ 170.21 and 170.31 will not exceed the Executive Order 14300 fixed fee cap, except as provided in paragraph (e) of this section. The activities for which the Executive Order 14300 fixed fee cap applies are only requested activities of the Commission that involve the issuance of a final safety evaluation, consistent with the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215 note) and section 5(a) of Executive Order 14300.

For requested activities for which a complete application has been accepted for review by the Commission on or after October 1, 2026, the Executive Order 14300 fixed fee cap is the lesser of:

For requested activities for which a complete application has been accepted for review by the Commission before October 1, 2026, the Executive Order 14300 fixed fee cap is the lowest practicable amount determined by the Commission based on the specific application for the requested activity.

The Commission will communicate the Executive Order 14300 fixed fee cap in the NRC written communication on schedule and resources for the requested activity.

The Executive Order 14300 fixed fee cap will not be increased except in instances of applicant failure. If applicant failure applies, the Commission will provide a written communication informing the applicant of the new Executive Order 14300 fixed fee cap that applies to the requested activity. The new Executive Order 14300 fixed fee cap will be the lowest practicable amount determined by the Commission to account for the applicant failure.

Consistent with § 170.51, any disputes associated with the Executive Order 14300 fixed fee cap must be submitted in accordance with § 15.31 of this chapter.