NRC Revises Foreign Ownership Rules for 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 old restrictions. If you’re involved, get your comments in by May 26, 2026, and be ready for new ways this could impact ownership and licensing.
Analyzed Economic Effects
5 provisions identified: 3 benefits, 2 costs, 0 mixed.
New FOCD Exceptions for OECD & India
If you are an applicant or licensee of a utilization facility (for example, a commercial nuclear power reactor) and your company is owned, controlled, or dominated by the government, a corporation, or a citizen/national of an OECD country or the Republic of India, section 301 of the ADVANCE Act (enacted July 9, 2024) creates an exception from the foreign ownership, control, or domination (FOCD) restriction. That 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 Excluded From FOCD Exceptions
If your company is owned, controlled, or dominated by entities tied to the Republic of Turkey, you are excluded from the new FOCD exceptions 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. That exclusion means the statutory FOCD exception in section 301 does not apply to such Turkish-linked ownership.
NRC Inimicality Review Still Required
If you seek an exception under section 301, the NRC will only grant it after determining that issuing the license is not inimical to the common defense and security or public health and safety. The NRC will continue to review sanctions lists (including CAATSA and OFAC lists) as part of that inimicality determination.
Rule Could Take Effect July 7, 2026
The NRC published a direct final rule that will become effective on July 7, 2026 unless the agency receives significant adverse comments by midnight Eastern Time on May 26, 2026. If the rule becomes effective as published, affected applicants and licensees could start using the new FOCD exceptions beginning July 7, 2026.
NRC Expects Minimal Rule Costs
The NRC told OIRA that this proposed rule is a significant regulatory action but that the agency expects the costs of this rule to be minimal. That means the NRC does not expect large new compliance costs from the proposed changes implementing section 301 of the ADVANCE Act.
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Key Dates
Department and Agencies
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