; and (B) by striking 180 and inserting 90 ; and (2) by adding at the end the following: (4) Periodic updates to metrics and schedules (A) Review and assessment Not less frequently than once every 3 years, the Commission shall review and assess, based on the licensing and regulatory activities of the Commission, the performance metrics and milestone schedules developed under paragraph (1). (B) Revisions After each review and assessment under subparagraph (A), the Commission shall revise, as appropriate, the performance metrics and milestone schedules developed under paragraph (1) to provide the most efficient performance metrics and milestone schedules reasonably achievable. . (c) Clarification on fusion regulation Section 103(a)(4) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note; Public Law 115–439 ) is amended— (1) by striking Not later and inserting the following: (A) In general Not later ; and (2) by adding at the end the following: (B) Exclusion of fusion reactors Notwithstanding section 3(1), for purposes of subparagraph (A), the term advanced nuclear reactor applicant does not include an applicant for a license for a nuclear fusion reactor. . (d) Technical correction Section 104 c. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(c) ) is amended— (1) by striking the third sentence and inserting the following: (3) Limitation on utilization facilities The Commission may issue a license under this section for a utilization facility useful in the conduct of research and development activities of the types specified in section 31 if— (A) not more than 75 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale, other than for research and development or education and training, of— (i) nonenergy services; (ii) energy; or (iii) a combination of nonenergy services and energy; and (B) not more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale of energy.