Cost Expenditure Criteria for Research and Development Utilization Facilities

The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to address the financial criteria used to determine whether a utilization facility that is useful in the conduct of research and development activities is licensed as a commercial facility under section 103, "Commercial Licenses," of the Atomic Energy Act of 1954, as amended, or as a research and development facility under section 104, "Medical Therapy and Research and Development." This rulemaking revises the NRC's regulations to be consistent with 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.