Cost Expenditure Criteria for Research and Development Utilization Facilities (retitled from Cost Recovery Criteria for Research and Development Utilization Facilities)

This rulemaking would amend the NRC’s regulations to be consistent with the amendments made to Section 104c of the of the Atomic Energy Act of 1954, as amended (AEA) by the Nuclear Energy Innovation and Modernization Act, enacted on January 14, 2019,and the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024, enacted on July 9, 2024. This rulemaking would address the financial criteria used to determine whether a non-power utilization facility is licensed as a commercial facility under Section 103, "Commercial Licenses," of the AEA, or as a research and development facility under paragraph c of Section 104, "Medical Therapy and Research and Development." This rulemaking would enhance the clarity of the regulations and reduce the burden on applicants for Class 104c licenses.