§2213. Nuclear Regulatory Commission annual charges

(1) In general

The Nuclear Regulatory Commission shall assess and collect annual charges from its licensees on a fiscal year basis, except that-

(A) the maximum amount of the aggregate charges assessed pursuant to this paragraph in any fiscal year may not exceed an amount that, when added to other amounts collected by the Commission for such fiscal year under other provisions of law, is estimated to be equal to 33 percent of the costs incurred by the Commission with respect to such fiscal year, except as otherwise provided by law; and

(B) any such charge assessed pursuant to this paragraph shall be reasonably related to the regulatory service provided by the Commission and shall fairly reflect the cost to the Commission of providing such service.

(2) Establishment of amount by rule

The amount of the charges assessed pursuant to this paragraph shall be established by rule.

( Pub. L. 99–272, title VII, §7601, Apr. 7, 1986, 100 Stat. 146 ; Pub. L. 100–203, title V, §5601, Dec. 22, 1987, 101 Stat. 1330–275 ; Pub. L. 101–239, title III, §3201, Dec. 19, 1989, 103 Stat. 2132 ; Pub. L. 101–508, title VI, §6101(e), Nov. 5, 1990, 104 Stat. 1388–299 .)

Codification

Section was enacted as part of the Consolidated Omnibus Budget Reconciliation Act of 1985, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.

Amendments

1990-Par. (1)(A). Pub. L. 101–508 substituted "except as otherwise provided by law" for "except that for fiscal year 1990 such maximum amount shall be estimated to be equal to 45 percent of the costs incurred by the Commission for fiscal year 1990".

1989-Pub. L. 101–239 amended section generally, substituting provisions requiring assessment and collection of charges on a fiscal year basis, with exceptions, and directing that amount is to be established by rule for provisions requiring submission of report on feasibility and necessity of system of assessment and collection and requiring assessment and collection on a fiscal year basis upon expiration of 45-day period following receipt of such report, with exceptions.

1987-Subsec. (b)(1)(A). Pub. L. 100–203 inserted before semicolon at end "; except that for fiscal years 1988 and 1989, such percentage shall be increased an additional 6 percent of such costs plus all other assessments made by the Nuclear Regulatory Commission pursuant to House Joint Resolution 395, 100th Congress, 1st Session, as enacted; but in no event shall such percentage be less than a total of 45 percent of such costs in each such fiscal year".