NRC Tweaks Foreign Ownership Rules for Nuclear Facilities Amid New Law
Published Date: 4/23/2026
Rule
Summary
The Nuclear Regulatory Commission is updating rules to allow some exceptions for foreign ownership or control of nuclear facilities, following a new 2024 law. This change affects companies with foreign ties that apply for or hold licenses for these facilities. The new rules kick in on July 7, 2026, unless people send in serious objections by May 26, 2026.
Analyzed Economic Effects
4 provisions identified: 1 benefits, 2 costs, 1 mixed.
New FOCD Exceptions for 36 OECD Countries + India
If you are an applicant or licensee of a U.S. utilization (non‑production) nuclear facility and are owned, controlled, or dominated by an entity from one of 37 excepted countries, you may qualify for an exception to the foreign ownership, control, or domination (FOCD) ban. The rule lists the excepted countries explicitly: Australia, Austria, Belgium, Canada, Chile, Colombia, Costa Rica, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, India, Ireland, Israel, Italy, Japan, Korea, Latvia, Lithuania, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom, and the exception applies only if the Commission determines issuance of the license is not inimical to the common defense and security or public health and safety.
Turkey Excluded From FOCD Exception
The rule expressly excludes Turkey from the FOCD exception because, as of July 9, 2024, at least one Turkish entity (the Presidency of Defense Industries) was subject to sanctions under section 231 of CAATSA. That means applicants or licensees owned, controlled, or dominated by Turkish government bodies or qualifying Turkish persons do not receive the FOCD exception.
Production Facilities Still Ineligible
The rule preserves the existing ineligibility for production facilities: any person or entity that the Commission knows or has reason to believe is owned, controlled, or dominated by a foreign government, foreign corporation, or alien remains ineligible to apply for and obtain a license for a production facility. The FOCD exception in section 301 of the ADVANCE Act applies only to utilization facilities, not production facilities.
Exception Is Conditional on Inimicality Review
Even for applicants from the excepted countries, the FOCD exception only applies if the NRC determines that issuing the license is not inimical to the common defense and security or to public health and safety; the NRC will continue to review sanctions lists as part of that inimicality determination. In other words, eligibility under the new exception is conditional on the NRC's security and sanctions review.
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Key Dates
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