The Breakthrough Institute’s analysis of the Nuclear Regulatory Commission’s draft proposal to modernize licensing regulations for advanced reactors has concluded that the latest proposed 10 CFR Part 53 rule language ”largely replicates the failed licensing rules that have hobbled the legacy nuclear industry for decades.”

A summary of the analysis, written by Ted Nordhaus, the Breakthrough Institute’s founder and executive director, and Adam Stein, the institute’s director for nuclear energy innovation, observes that the “draft framework is twice as long as either of the legacy, prescriptive licensing frameworks, Part 50 and 52, that it is intended to supplant. That is because the staff largely cut and pasted the old rules into the new framework, then added further burdensome regulations, including qualitative health objectives that cannot be complied with and expanded requirements for the notorious ‘as low as reasonably achievable’ radiation standard, a further invitation to endlessly ratchet regulatory requirements.”

As the largest ultra-low-carbon electricity source in the United States, nuclear energy is a vital pillar of the effort to mitigate climate change. Deployment of advanced nuclear reactor and fuel technologies has been identified as a unique challenge in the production of new nuclear power plants to help maintain and grow our nuclear generating capacity. The licensing of novel nuclear reactor technologies also continues to be a facet of the broader challenge of advanced reactor deployment. When it comes to non–light water reactors and Generation III+ light water reactors, such as the AP-1000 or EPR, deployment is “2X over budget and behind schedule.”¹ However, in the case of recent large Generation III+ light water reactors, licensing has not been the rate-limiting step in the reactor deployment timeline, nor has it had a first-order impact on cost. With that said, several significant advances have been made in the expedition of licensing. This article focuses on three areas where progress has been made since this grand challenge was formulated in 2017, with highlights of some examples where the American Nuclear Society has guided or supported this progress.

Laufer

Developing a first-­of-­a-­kind reactor is a daunting endeavor. To be successful, advanced reactor designers need to achieve cost certainty by delivering a safe and affordable product at the promised cost. To meet this goal, Kairos Power structured its approach around four key strategies: 1) achieving technology certainty through a rapid iterative approach; 2) achieving construction certainty by demonstrating the ability to build it; 3) achieving licensing certainty by proving Kairos can license it; and 4) achieving supply chain certainty by vertically integrating critical capabilities. By mitigating risk in these four key areas, Kairos Power is confident that it will get true cost certainty for our future products.

The third prong in Kairos’s strategy—achieving licensing certainty—was a key driver in the decision to build the Hermes low-­power demonstration reactor, and it remains a major workstream as the company’s construction permit application (CPA) undergoes review by the U.S. Nuclear Regulatory Commission. Licensing a new nuclear technology is no small challenge, and there are multiple approaches companies can take. Here’s a look at how we at Kairos are approaching it.

Advanced reactor developers are designing many new nuclear energy products, targeting commercial demonstration before 2030. These products aim to provide different products and grid services beyond what is provided by the first generations of commercial nuclear plants, namely, gigawatt-scale electricity production. These reactors are intended for deployment in many novel scenarios, including being closer to population centers. They will be sited in governmental processes that encourage far more public participation than was possible when many of the existing plants were sited and built in the 1960s and 1970s. This means that community engagement and approval likely will be critical for project success. This article, which discusses this issue of social license, is an adaptation of “Social license in the deployment of advanced nuclear technology,” published in Energies in 2021.¹ A more detailed discussion can be found in the original article.

Who better to talk with about the licensing of nuclear facilities and materials than Christopher T. Hanson, the chairman of the five-member Nuclear Regulatory Commission? Hanson is the principal executive officer of and official spokesman for the NRC. As a collegial body, the Commission formulates policies, develops regulations governing nuclear reactor and nuclear material safety, issues orders to licensees, and adjudicates legal matters.

The Thermal Hydraulic Experimental Test Article (THETA) at Argonne National Laboratory is now operating and providing data that could support the licensing of liquid-metal fast reactor designs by validating thermal-hydraulic and safety analysis codes. The new equipment has been installed in Argonne’s Mechanisms Engineering Test Loop (METL), and its first experiments are supporting data validation needs of Oklo, Inc., by simulating normal operating conditions as well as protected and unprotected loss-of-flow accidents in a sodium-cooled fast reactor.

TRISO-X submitted a license application for a high-assay low-enriched uranium (HALEU) fuel fabrication facility to the Nuclear Regulatory Commission on April 6, the day after parent company X-energy announced that TRISO-X had secured a 110-acre site in Oak Ridge, Tenn., for the construction of the facility, which it is aiming to have operating in 2025.

The Nuclear Regulatory Commission has denied “without prejudice” Oklo Power’s application to build and operate its Aurora microreactor in Idaho, the agency announced yesterday. The denial, according to the NRC, is due to the California-based firm’s failure to provide sufficient information on several crucial topics regarding the Aurora design.

Oklo plans to fuel its demonstration microreactor with high-assay low-enriched uranium (HALEU). To secure a source of HALEU for its nth-of-a-kind microreactor, Oklo has signed a nonbinding letter of intent with Centrus Energy to cooperate on the deployment of a HALEU production facility.

The Nuclear Regulatory Commission has begun its review of GE Hitachi’s application to renew the license of its Morris Operation, the spent nuclear fuel storage facility in Grundy County, Ill. Notice of the 20-year license renewal application, along with an opportunity to request a hearing or petition for leave to intervene by August 30 was published in the June 30 Federal Register.

The Nuclear Regulatory Commission has rejected a petition by Three Mile Island Alert (TMIA) challenging Exelon’s request to revise its site emergency plan for the closed Three Mile Island nuclear power plant in Pennsylvania. Exelon submitted a request to the NRC to amend its TMI-1 license to reflect the reduced risks of the defueled reactor, which was permanently shut down in September 2019.

In an order issued on October 8, the NRC commissioners upheld a decision by an NRC Atomic Safety and Licensing Board denying TMIA’s petition to intervene and request a hearing in the license amendment request. That decision, issued on January 23, 2020, found that the antinuclear group had not established standing in the case and that its contentions were inadmissible.

The Nuclear Regulatory Commission is amending its regulations for the licensing, inspection, special projects, and annual fees that it will charge applicants and licensees for fiscal year 2020. The FY 2020 final fee rule, published in the June 19 Federal Register, includes fees required by law to recover approximately 90 percent of the NRC’s annual budget authority. A proposed rule was published for public comment on February 18 of this year, with a March 19 due date. The final rule goes into effect on August 18.

The Nuclear Regulatory Commission on March 24 relicensed the only uranium conversion plant in the United States, Honeywell International’s Metropolis Works.

Metropolis Works can now operate until March 24, 2060, potentially logging operations for over a century. Built in 1958 to produce uranium hexafluoride (UF6) for the U.S. government, Metropolis Works began selling UF6 on the commercial market in 1968.