PART 354—FEE FOR SERVICES TO SUPPORT FEMA'S OFFSITE RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM Authority: Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; Sec. 109, Pub. L. 96-295, 94 Stat. 780; Sec. 2901, Pub. L. 98-369, 98 Stat. 494; Title III, Pub. L. 103-327, 108 Stat. 2323-2325; Pub. L. 105-276, 112 Stat. 2502; EO 12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412; EO 12657, 53 FR 47513, 3 CFR, 1988 Comp., p. 611. Source: 66 FR 32577, June 15, 2001, unless otherwise noted. § 354.1 Purpose. This part establishes the methodology for FEMA to assess and collect user fees from Nuclear Regulatory Commission (NRC) licensees of commercial nuclear power plants to recover at least 100 percent of the amounts that we anticipate to obligate for our Radiological Emergency Preparedness (REP) Program as authorized under Title III, Public Law 105-276, 112 Stat. 2461, 2502. Public Law 105-276 established in the Treasury a Radiological Emergency Preparedness Fund, to be available under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et. seq.), and under Executive Order 12657 (3 CFR, 1988 Comp., p. 611), for offsite radiological emergency planning, preparedness, and response. Beginning in fiscal year 1999 and thereafter, the Administrator of FEMA must publish fees to be assessed and collected, applicable to persons subject to FEMA's radiological emergency preparedness regulations. The methodology for assessment and collection of fees must be fair and equitable and must reflect the full amount of costs of providing radiological emergency planning, preparedness, response and associated services. Our assessment of fees include our costs for use of agency resources for classes of regulated persons and our administrative costs to collect the fees. Licensees deposit fees by electronic transfer into the Radiological Emergency Preparedness Fund in the U.S. Treasury as offsetting collections. § 354.2 Scope of this regulation. The regulation in this part applies to all persons or licensees who have applied for or have received from the NRC: (a) A license to construct or operate a commercial nuclear power plant; (b) A possession-only license for a commercial nuclear power plant, with the exception of licensees that have received an NRC-approved exemption to 10 CFR 50.54(q) requirements; (c) An early site permit for a commercial nuclear power plant; (d) A combined construction permit and operating license for a commercial nuclear power plant; or (e) Any other NRC licensee that is now or may become subject to requirements for offsite radiological emergency planning and preparedness. § 354.3 Definitions. The following definitions of terms and concepts apply to this part: Biennial exercise EPZ Federal Radiological Preparedness Coordinating Committee (FRPCC) FEMA Fiscal Year NRC Obligate obligation Persons Licensee (1) A license to construct or operate a commercial nuclear power plant; (2) A possession-only license for a commercial nuclear power plant, with the exception of licensees that have received an NRC-approved exemption to 10 CFR 50.54(q) requirements; (3) An early site permit for a commercial nuclear power plant; (4) A combined construction permit and operating license for a commercial nuclear power plant; or (5) Any other NRC license that is now or may become subject to requirements for offsite radiological emergency planning and preparedness activities. Plume pathway EPZ RAC REP Site Site-specific services Technical assistance We, our, us, § 354.4 Assessment of fees. (a)(1) We assess user fees from licensees using a methodology that includes charges for REP Program services provided by both our personnel and our contractors. Beginning in FY 1995, we established a four-year cycle from FY 1995-1998 with predetermined user fee assessments that were collected each year of the cycle. The following six-year cycle will run from FY 1999 through FY 2004. The fee for each site consists of two distinct components: (i) A site-specific, biennial exercise-related component (ii) A flat fee component (2) We will assess fees only for REP Program services provided by our personnel and by our contractors, and we will not assess fees for those services that other Federal agencies involved in the FRPCC or the RAC's provide. (b) Determination of site-specific, biennial exercise-related component for our personnel. (c) Determination of site-specific, biennial exercise-related component for FEMA contract personnel. (d) Determination of flat fee component. (e) Discontinuation of charges. § 354.5 Description of site-specific, plume pathway EPZ biennial exercise-related component services and other services. Site-specific and other REP Program services provided by FEMA and FEMA contractors for which FEMA will assess fees on licensees include the following: (a) Site-specific, plume pathway EPZ biennial exercise-related component services. (2) Review plume pathway EPZ biennial exercise objectives and scenarios. (3) Provide pre-plume pathway EPZ biennial exercise logistics. (4) Conduct plume pathway EPZ biennial exercises, evaluations, and post exercise briefings. (5) Prepare, review and finalize plume pathway EPZ biennial exercise reports, give notice and conduct public meetings. (6) Activities related to Medical Services and other drills conducted in support of a biennial, plume pathway exercise. (b) Flat fee component services. (2) Schedule other than plume pathway EPZ biennial exercises. (3) Develop other than plume pathway EPZ biennial exercise objectives and scenarios. (4) Pre-exercise logistics for other than the plume pathway EPZ. (5) Conduct other than plume pathway EPZ biennial exercises and evaluations. (6) Prepare, review and finalize other than plume pathway EPZ biennial exercise reports, notice and conduct of public meetings. (7) Prepare findings and determinations on the adequacy or approval of plans and preparedness. (8) Conduct the formal 44 CFR part 350 review process. (9) Provide technical assistance to States and local governments. (10) Review licensee submissions pursuant to 44 CFR part 352. (11) Review NRC licensee offsite plan submissions under the NRC/FEMA Memorandum of Understanding on Planning and Preparedness, and NUREG-0654/FEMA-REP-1, Revision 1, Supplement 1. You may obtain copies of the NUREG-0654 from the Superintendent of Documents, U.S. Government Printing Office. (12) Participate in NRC adjudication proceedings and any other site-specific legal forums. (13) Alert and notification system reviews. (14) Responses to petitions filed under 10 CFR 2.206. (15) Congressionally-initiated reviews and evaluations. (16) Responses to licensee's challenges to FEMA's administration of the fee program. (17) Respond to actual radiological emergencies. (18) Develop regulations, guidance, planning standards and policy. (19) Coordinate with other Federal agencies to enhance the preparedness of State and local governments for radiological emergencies. (20) Coordinate REP Program issues with constituent organizations such as the National Emergency Management Association, Conference of Radiation Control Program Directors, and the Nuclear Energy Institute. (21) Implement and coordinate REP Program training with FEMA's Emergency Management Institute (EMI) to assure effective development and implementation of REP training courses and conferences. (22) Participation of REP personnel as lecturers or to perform other functions at EMI, conferences and workshops. (23) Any other costs that we incur resulting from our REP Program Strategic Review implementation and oversight working group activities. (24) Costs associated with a transition phase should we decide to advertise and award a contract for technical support to the REP Program. Transition phase activities may include training new contractor personnel in the REP Exercise Evaluation and Planning courses, and on-the-job training for new evaluators at a select number of REP exercises. (25) Services associated with the assessment of fees, billing, and administration of this part. (26) Disaster-initiated reviews and evaluations. § 354.6 Billing and payment of fees. (a) Electronic billing and payment. (b) We will send bills that are based on the assessment methodology set out in § 354.4 to licensees to recover the full amount of the funds that we budget to provide REP Program services. Licensees that have more than one site will receive consolidated bills. We will forward one bill to each licensee during the first quarter of the fiscal year, with payment due within 30 days. If we exceed our original budget for the fiscal year and need to make minor adjustments, the adjustment will appear in the bill for the next fiscal year. § 354.7 Failure to pay. Where a licensee fails to pay a prescribed fee required under this part, we will implement procedures under 44 CFR part 11, subpart C, to collect the fees under the Debt Collection Act of 1982 (31 U.S.C. 3711 et seq.