NRC proposes rule to set new licensing process for advanced nuclear plants

The Nuclear Regulatory Commission (NRC) is proposing a rule to establish a licensing process for advanced commercial nuclear power plants.

The proposed rule, which will be published in the Federal Register in about six months, is the first regulatory framework developed for advanced technologies and designs that includes non-light-water reactors. It will create a new Part 53 section under the NRC’s regulations as an alternative to the existing, large light water reactor licensing approaches under Parts 50 and 52.

The rule will give plant designers and operators flexibility in determining how their nuclear power plant will meet safety criteria. The rule sets out criteria in areas including reactor siting requirements; analyzing potential accidents; defining safety functions; categorizing structures, systems, and components; addressing construction and manufacturing requirements; providing defense in depth; and protecting the public and plant workers during normal operations.

Further, the proposed rule modifies agency regulations for operator licensing, employee fitness-for-duty, physical security and site access authorization.

“The NRC is proposing a rule that will transform the way the agency reviews new reactor applications, while continuing to fulfill our mission to assure the safety of the public,” NRC Chair Christopher Hanson said. “This proposed rule leverages significantly more risk insights than our existing regulatory framework in making safety determinations. Applicants can use our existing regulations today, but this proposed rule will provide future nuclear developers a clear, additional pathway for licensing.”

NRC staff, which has been working on this since 2020, conducted extensive public engagement with 21 rounds of public review and comment on preliminary rule language. The staff held 24 public meetings with stakeholders as well as 16 public meetings with NRC’s independent advisory group, the Advisory Committee on Reactor Safeguards. Further, the staff will seek feedback from the public when it issues the proposed rule and draft guidance later this year.

U.S. Sen. Tom Carper (D-DE), chair of the Senate Environment and Public Works Committee, commended the NRC on the rule.

“I am pleased to see the NRC heeded our call and made significant improvements to their draft proposed rule to better support the next generation of nuclear reactors. I am grateful for the years of work and public engagement that has gone into this rulemaking, and to know that the Commission is well ahead of schedule with today’s announcement,” Carper said.