Nuclear Agency Streamlines Radioactive Materials Licensing Rules
Published Date: 6/24/2026
Proposed Rule
Summary
The Nuclear Regulatory Commission is updating its rules to make licensing for nuclear materials faster, simpler, and clearer. This affects companies and organizations that handle radioactive materials, cutting unnecessary paperwork and improving safety rules for new nuclear fuels. Comments on these changes are open until August 10, 2026, helping shape a smoother, smarter process without extra costs.
Analyzed Economic Effects
12 provisions identified: 9 benefits, 2 costs, 1 mixed.
Spent Fuel Reprocessing Licensing Under Part 70
The NRC proposes to explicitly allow spent fuel reprocessing facilities to be licensed under 10 CFR part 70 as an alternative to the two‑step construction/operation process in part 50. The rule creates a flexible, technology‑neutral licensing framework and would require applicants to address identified regulatory gaps described in prior NRC analyses.
Flexible Statutory Treatment For Reprocessing
Under the proposal, spent fuel reprocessing facilities that meet the AEA definition of a production facility must meet statutory requirements (e.g., technical specifications, ITAAC, operator licensing, financial protection, mandatory hearing). Facilities that do not meet the production definition would not be required to meet all those statutory provisions (for example, ITAAC, technical specifications, and a mandatory hearing would not be required for non‑production facilities), though some requirements such as operator licensing and indemnification may still apply depending on facts.
Financial Protection and QA Requirements for Reprocessing
The proposal would require spent fuel reprocessing facility applications to include adequate financial protection (Sec. 70.23(a)(12)) and a quality assurance (QA) program that complies with appendix B to 10 CFR part 50 (Sec. 70.22(f)). The rule also proposes conforming amendments to part 140 to clarify indemnification fees (Sec. 140.7) and liability insurance requirements (Sec. 140.13c).
Faster, Simpler Materials Licensing
The NRC proposes to modernize materials licensing to make licensing for byproduct, source, and special nuclear material faster and simpler. The rule says it will eliminate unnecessary regulations and change reporting and recordkeeping to reduce paperwork for companies and organizations that handle radioactive materials.
Construction Before License: 'At Your Own Risk'
The proposed rule would clarify that construction before license approval may proceed "at the applicant's own risk" for byproduct, source, and certain fuel cycle facilities by changing language in Secs. 30.33(a)(5), 40.32(e), and 70.23(a)(7). This change would not apply to uranium enrichment facilities or spent fuel reprocessing facilities, which remain subject to the existing "grounds for denial" prohibition (new Sec. 70.23(a)(8) clarifies uranium enrichment).
New Exemption For Large Components
The NRC would add new definitions for "large component" and "robust structure" (Sec. 37.5) and add Sec. 37.11(d) to exempt large components and robust-structure storage containing category 1 or category 2 radioactive material from certain part 37 physical protection requirements if three conditions are met: (1) the licensee documents which items qualify, (2) an approved 10 CFR part 73 security plan or a written 10 CFR part 37 plan provides adequate detection/response measures, and (3) a written analysis shows these measures do not reduce effectiveness of the part 73 plan.
DOE Pilot Fuel Lines Exempted; Licensing Streamlined
The rule would recognize DOE‑authorized pilot fuel lines (defined in Sec. 70.4) as exempt from NRC licensing for non‑commercial purposes by adding a new Sec. 70.11(d). The NRC would also set a streamlined path for future commercial licensing of those sites by focusing NRC review on aspects not already covered by the DOE authorization (see proposed Sec. 70.22(r) and new Sec. 70.23(a)(15)).
No Construction At Risk For Reprocessing
The proposed rule would prohibit spent fuel reprocessing facilities from undertaking "construction at risk" (proposed Sec. 70.23(a)(8)), meaning those applicants may not begin construction prior to license approval. Applicants that are not production facilities may request exemptions but generally must wait for NRC approval before constructing.
Streamlined Dry Storage Cask Approval Process
The NRC would streamline 10 CFR part 72 by removing the rulemaking process for dry storage cask design approvals and simplifying change processes, reducing the certification burden for storage cask designs and Certificate of Compliance holders.
Nine‑Month Pre-Application Rule Removed
The NRC would remove the fixed requirement that certain materials facility applications be submitted at least nine months before construction (revisions to Secs. 30.32(f), 40.31(f), and 70.21(f)). Applicants will instead use pre-application engagement and provide updated construction schedules as available.
Codified Enforcement Discretion for Some GL Violations
The proposed rule would codify discretion described in an August 2025 Interim Enforcement Policy to allow NRC staff to exercise enforcement discretion for certain General License (GL) violations of Secs. 72.48 and 72.212. This would be reflected in 10 CFR part 72 changes.
Definitions Updated for Advanced Reactor Fuels
The NRC would clarify definitions in part 72 for spent fuel and descriptions of damaged fuel to accommodate advanced reactor fuels and streamline licensing of advanced reactor technologies.
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Key Dates
Department and Agencies
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