NRC confronts “unprecedented position”
The Nuclear Regulatory Commission, which currently has three serving commissioners and—according to recent media reports—a detailee from the Department of Government Efficiency (DOGE), is accelerating licensing timelines to meet the requirements of President Trump’s May 23 Executive Order 14300, “Ordering the Reform of the Nuclear Regulatory Commission,” and the ADVANCE Act. On top of that, the agency is preparing for an anticipated rush of applications while dealing with a reduced workforce.
That work is underway without an acting chairperson. NRC Chair David Wright was serving a term that ended on June 30, days after he was renominated (on June 16) for a new term as commissioner (and, presumably, chair). Wright’s renomination was favorably reported out of the Senate Environment and Public Works Committee on July 9 and now awaits a vote of the full Senate.
A downsized commission: In the meantime, instead of five commissioners as is common, the NRC has only three—all serving terms they were nominated to fill by President Biden: Annie Caputo (who served on the commission from 2018 to 2021 and later returned in August 2022), fulfilling the remainder of a term that expires in June 2026; Bradley Crowell, who began in August 2022 and is serving the remainder of a term that expires in June 2027; and Matthew Marzano, who began in January 2025 a term that ends in June 2028.
On June 13, Commissioner Christopher Hanson, who was chair from January 2021 to January 2024, was dismissed from the commission. Hanson was originally nominated to the commission in March 2020 during President Trump’s first term in office.
The three-person commission issued a joint statement on July 1 saying that it “finds itself in an unprecedented position” and that “the executive orders from the President and direction from Congress in last year’s ADVANCE Act have defined a bold new path for the agency to execute our important mission to enable the safe and secure use of nuclear technologies. . . . We fellow Commissioners are aligned and working together collegially to meet these shared objectives for change, continue our critical daily operations, and lead our agency in this new era.”
In words seemingly directed at the NRC staff, which is being asked to accelerate reviews, the commissioners wrote: “We know that in times of so much change, things can feel uncertain. As we navigate this dynamic environment, we want to take a moment to acknowledge the efforts and resilience this agency has demonstrated and thank you all for your dedication.”
Independence questioned: The Hill on July 11 and E&E News on July 14 reported that in May, a representative of DOGE told NRC leaders that the agency would be expected to approve reactor projects that have obtained approval from the Department of Energy or the Department of Defense.
The DOE has long had the authority to authorize nuclear test reactors at its national laboratory facilities. The media reports come as the DOE rolls out a pilot program to directly license nuclear test reactors at sites other than national laboratories, streamlining that licensing process in part through a new National Environmental Policy Act rule and implementing procedures issued on June 30.
Reactors built under the DOE’s pilot program “will not require Nuclear Regulatory Commission licensing,” according to a request for applications to the pilot program issued June 18. “Nevertheless, DOE-approved reactor designs can and will be fast-tracked for future NRC licensing.”
Bold steps: On July 14, perhaps in answer to the media reports, the NRC released a statement to stakeholders. It referred to the July 1 statement and went a step further, asserting that, “Consistent with recent White House Executive Orders and the bi-partisan ADVANCE Act, the NRC is taking bold steps to embrace innovation, accelerate licensing timelines, and modernize the regulatory framework.”
The statement continued, “Today’s NRC remains focused on protecting public health and safety while efficiently regulating the civilian use of nuclear materials and enabling the deployment of nuclear power for the benefit of society. We look forward to working with all stakeholders, and meeting this moment with the urgency it demands and the unity it deserves, while continuing to set the standard as a world class regulator.”
As well, the statement called out recent NRC actions, including updating new reactor and license renewal review timelines and publishing a direct final rule in the Federal Register to extend design certification durations from 15 years to 40 years.
