NRC finalizes rule allowing commercial reactor license applicants to reuse DOE, DOD data
The Nuclear Regulatory Commission is moving forward on its efforts to fast track licensing processes, per a finalized rule released Thursday.
The NRC will now allow commercial reactor license applicants to reuse analysis, test data and other information from reactor demonstration programs conducted by the Department of Energy and Department of Defense. The agency is calling the move “the first major change to NRC reactor regulations” following an executive order directing the NRC to accelerate licensing processes.
“This rule delivers the EO 14300 vision for an expedited path from DOE and [DOD] projects to NRC commercial licensing,” NRC Chairman Ho K. Nieh said in a statement accompanying the agency’s announcement of the finalized rule. “High-quality applications showing how DOE and [DOD] results apply to NRC requirements will help us review them more efficiently.”
NRC said the rule will make its reviews of applicants more efficient by allowing them to lean on existing technical evidence “while independently evaluating the safety of proposed commercial projects,” according to the press release. The expedited review will then enable NRC to increase its capacity for conducting licensing reviews.
The agency is grappling with above-normal attrition levels and has seen cuts across its workforce. More reductions are on the horizon under the White House’s fiscal 2027 budget proposal, which outlines a plan to cut nearly 200 full-time employees.
NRC Commissioner Bradley Crowell expressed concern about the losses during a congressional hearing in May.
“The people that we’ve lost are the very senior, most experienced folks, and they’ll be replaced by interns and fellows,” he said. “We have an incredibly hard-working workforce, but you can only ask them to do so much, and at some point, they’re going to be asked to do more than they have ability.”
During the hearing, senators also questioned the NRC on its ability to hedge against risks given the cuts and efficiency push, pointing to the potential for “skipped steps” or shortcutting through licensing requirements.
In its finalized rule, the NRC said it had received “significant public interest” with some comments expressing concern that the changes would impact NRC’s performance of independent evaluations of license applications.
“This rulemaking does not affect the NRC’s commitment to conducting independent reviews, nor does this rulemaking alter any underlying regulatory requirements an applicant must meet,” the agency said. “Nothing in this rule delegates to DOE, [DOD], or any other agency the NRC’s functions to evaluate a request for NRC approval, and nothing in this rule allows the NRC to forego an independent review.”
In total, the NRC said it received nearly 140 unique comment submissions. Those in favor characterized the traditional licensing pathways as slow and expensive. Supporters included The Heritage Foundation, Valar Atomics and Deep Fission.
Those in opposition argued that the rule could effectively bypass independent civilian oversight given the potential for DOD or DOE data to contain classified restrictions. Commenters also raised concern over differences in risk thresholds and containment protocols compared to civilian commercial reactors. Skeptics of the rule included the Union of Concerned Scientists, the Oregon Department of Energy and the New York State Energy Research and Development Authority.
Another point of contention for commenters, per the NRC, was the potential for lower safety standards. The agency said that, in response, it had revised the original language in the rule and added a new subsection to clarify and reaffirm that the changes would not alter safety standards.
“Applicants must still meet all applicable NRC and statutory requirements,” the NRC said.
