NRC Proposes Loosening Foreign Control Bans on U.S. Nuclear Sites
Published Date: 4/23/2026
Proposed Rule
Summary
The Nuclear Regulatory Commission is updating rules about foreign ownership of nuclear facilities to follow a new 2024 law. This change affects companies with foreign control and offers some exceptions to the old strict rules. If you’re involved, get your comments in by May 26, 2026, and be ready for new ways this could impact ownership and licensing.
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Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
New FOCD Exceptions for OECD and India
If your company applies for a license for a utilization facility and is owned, controlled, or dominated by (1) the government of an Organisation for Economic Co-operation and Development (OECD) member country or the Republic of India as of July 9, 2024, (2) a corporation incorporated in one of those countries, or (3) a citizen or national of one of those countries, the FOCD restriction may not apply under section 301 of the ADVANCE Act. The exception applies only if the NRC determines issuing the license would not be inimical to the common defense and security or public health and safety.
Turkey Specifically Excluded from Exception
The NRC found that the Republic of Turkey falls within the exclusions in section 301(b)(2) of the ADVANCE Act because, as of the ADVANCE Act enactment date (July 9, 2024), Turkey's Presidency of Defense Industries was subject to sanctions under section 231 of CAATSA. Entities owned, controlled, or dominated by that Turkish government body remain subject to the FOCD restrictions and are not covered by the new exception.
NRC Will Require Inimicality Review First
The FOCD exception is conditioned on the NRC's determination that issuing the license is not inimical to the common defense and security or public health and safety; that inimicality determination remains a precondition to the exception. The NRC will continue to review sanctions lists (including CAATSA and the Office of Foreign Assets Control lists) as part of that inimicality determination.
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