Nuclear Regulatory Commission: Fee Schedules; Fee Recovery for Fiscal Year 2026

B-338497

July 1, 2026

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 2026

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 2026” (RIN: 3150-AL12). We received the rule on June 10, 2026. It was published in the Federal Register on June 16, 2026. 91 Fed. Reg. 36470. The effective date of the rule is August 17, 2026.

According to NRC, this rule amends the licensing, inspection, special project, and annual fees charged to its applicants and licensees. The rule also makes amendments to establish fixed caps on service fees to implement section 5(a) of Executive Order No. 14300, Ordering the Reform of the Nuclear Regulatory Commission.

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 me (202) 512-8156.

Shirley A. Jones
Managing Associate General Counsel

Enclosure

cc: Eugene Dacus
Director, Office of Congressional Affairs
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 2026”
(RIN: 3150-AL12)

(i) Cost-benefit analysis

The Nuclear Regulatory Commission (NRC) prepared an analysis of the costs and benefits of this rule. 91 Fed. Reg. 36470, 36492 (June 16, 2026). According to NRC, the costs of the rule constitute the resources for licensees to read the annual rule and resultant changes to their internal processes for payment. Id. at 36493. NRC stated that the rule will result in a net cost to licensees of approximately $727,000, undiscounted, with annualized costs of about $47,561, at a seven percent discount rate. Id. NRC does not expect that the rule will result in any behavioral changes related to market entry or exit among licensees on which it assesses 10 C.F.R. parts 170 and 171 fees, but noted that the implementation of fixed caps on service fees may induce current licensees to submit further licensing actions, or may increase the rate of market entry of new licensees as applicants. 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 regulatory flexibility analysis. See 91 Fed. Reg. at 36492.

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

In its submission to us, NRC stated that the Act is not applicable to this rule.

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

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

On March 12, 2026, NRC published a proposed rule. 91 Fed. Reg. 12084. NRC stated that they received comments from various parties. 91 Fed. Reg. at 36487. NRC responded to comments in this rule. Id.

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

According to NRC, this rule does not contain any new or amended collections of information subject to PRA. 91 Fed. Reg. at 36494. NRC stated that existing collections of information were approved by the Office of Management and Budget, approval number 3150-0190. Id.

Statutory authorization for the rule

NRC promulgated this rule pursuant to section 2215 of title 42, United States Code.

Executive Order No. 12866 (Regulatory Planning and Review)

NRC stated that this rule is economically significant under section 3(f)(1) of the Order and was submitted to the Office of Information and Regulatory Affairs for review. 91 Fed. Reg. at 36494.

Executive Order No. 13132 (Federalism)

In its submission to us, NRC indicated that the Order is not applicable to this rule.