NRC finalizes rule on licensing reactors with prior DOE or DOD authorization

The Nuclear Regulatory Commission has finalized a rule that would allow applicants with reactor designs already authorized by the Department of Energy or Department of Defense to pursue a streamlined pathway through the NRC's commercial licensing process.

The final rule amends 10 CFR Part 50 and the new 10 CFR Part 53 to establish the framework, which would have applicants use analyses, test data, and other information from the DOE or DOD authorization process to expedite NRC licensing.

"This rule delivers the [Executive Order] 14300 vision for an expedited path from DOE and [DOD] projects to NRC commercial licensing," NRC Chairman Ho Nieh said in a statement. "High-quality applications showing how DOE and [DOD] results apply to NRC requirements will help us review them more efficiently."

About the rule: Reviews for first-of-a-kind applications could take roughly 18 months to complete under this final rule. Reviews for nth-of-a-kind applications, meanwhile, could take 12 months to complete. In a call with news media Thursday morning, Nieh said these are target deadlines, and the length may vary depending on the application, especially for the first few reviews.

Nieh said the final rule is the latest example of the NRC attempting to make the review process more efficient, provide more options, and maintain its focus on safety. It also will help applicants as they navigate Parts 53 and 57, frameworks introduced to better cater to newer, smaller reactor designs.

"This is just one additional element of optionality that the U.S. nuclear industry has access to in getting a license from the NRC. The one defining feature from this particular rule is that it works well with Part 57," said Nieh.

Part 57 is aimed at microreactor designs and has yet to be finalized. A separate proposed rule, "Licensing Requirements for Microreactors and Other Reactors with Comparable Risk Profiles," would do for the proposed Part 57 what the rule just finalized has done for Parts 50 and 53.

Much like when the rule was first introduced back in April, Nieh devoted time on Thursday to addressing concerns regarding whether the rule gives other federal agencies greater oversight over the NRC's decision-making. The NRC is "not a rubber stamp" for projects that advanced through the DOE or DOD, Nieh reiterated.

"This is not a shortcut; it is not a compromise," he said. "Our standards for safety as a result of this rule have not changed and they will not change."

According to the NRC, the proposed rule received 136 unique comment submissions. Christian Araguas, deputy director for engineering and science in the NRC's Office of Advanced Reactors, said one key takeaway from the comments was a concern about this rule being perceived as a shortcut to bypass the NRC's mission and safety standards. As a result, the final rule includes clarifying language to let applicants know the NRC must still meet its obligations, make its regulatory findings, maintain its independence, and use pertinent information in its reviews.

There are opportunities within this framework for the NRC to be more stringent than DOE- or DOD-authorized projects. Nieh and Araguas said that while quality assurance, for example, may look the same in NRC and DOE/DOD reviews, other areas like consequence analysis, natural phenomenon hazards, and material qualification may warrant greater scrutiny from the NRC. But it will all depend on factors like the testing involved. Guidance to help prospective applicants navigate the process will be published soon, they said.

The DOE and DOD "have different missions than the NRC. Their authorization programs are going to be different," said Nieh. "For example, with DOE, they're the developer. They're trying to encourage innovation; they want to move quicker. Their authorization is going to be quite different than the NRC. We are here to protect public health and safety for long-term operations of these types of machines."

What happens next: The final rule will take effect 30 days after its publication in the Federal Register. According to the NRC's list of rulemakings, the rule is scheduled to be published on October 28.