[Federal Register Volume 91, Number 72 (Wednesday, April 15, 2026)]
[Rules and Regulations]
[Pages 20063-20068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-07301]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 91, No. 72 / Wednesday, April 15, 2026 /
Rules and Regulations
[[Page 20063]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2, 50, 51, 52, and 53
[NRC-2025-1502]
RIN 3150-AL59
Increased Flexibility in the Mandatory Hearing Process
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is revising the
agency's rules of practice and procedure and other procedural
regulations to increase the flexibility in conducting mandatory
hearings in NRC licensing proceedings in response to the Accelerating
Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024
(ADVANCE Act) and Executive Order 14300, Ordering the Reform of the
Nuclear Regulatory Commission.
DATES: This final rule is effective on May 15, 2026.
ADDRESSES: Please refer to Docket ID NRC-2025-1502 when contacting the
NRC about the availability of information for this action. You may
obtain publicly available information related to this action by any of
the following methods:
Federal Rulemaking Website: Electronically at https://www.regulations.gov. Search for Docket ID NRC-2025-1502. Address
questions about NRC dockets to Helen Chang; telephone: 301-415-3228;
email: [email protected]. For technical questions, contact the
individuals listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin ADAMS Public Search.''
For problems with ADAMS, please contact the NRC's Public Document Room
(PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email
to [email protected]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Marcia Simon, Office of the General
Counsel, telephone: 301-287-9176; email: [email protected] and Sara
Kirkwood, Office of the General Counsel, telephone: 301-287-9187;
email: [email protected]. Both are staff of the U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Order 14300: Ordering the Reform of the Nuclear
Regulatory Commission
II. Background
III. Discussion
IV. Regulatory Flexibility Certification
V. Regulatory Analysis
VI. Backfitting and Issue Finality
VII. Plain Writing
VIII. National Environmental Policy Act
IX. Paperwork Reduction Act
X. Executive Orders
XI. Congressional Review Act
XII. Availability of Documents
I. Executive Order 14300: Ordering the Reform of the Nuclear Regulatory
Commission
On May 23, 2025, the President signed Executive Order (E.O.) 14300,
``Ordering the Reform of the Nuclear Regulatory Commission.'' Section
5, ``Reforming and Modernizing the NRC's Regulations,'' requires the
NRC to undertake a review and wholesale revision of its regulations and
guidance documents as guided by the policies set forth in section 2 of
the E.O. This rulemaking addresses section 5(j), which requires the NRC
to ``Streamline the public hearings process,'' and also supports
meeting the objectives of sections 5(a), 5(d), and 5(e) of E.O. 14300,
as discussed below.
II. Background
Section 189 of the Atomic Energy Act of 1954, as amended (AEA)
requires mandatory (uncontested) hearings for applications under
section 103 or 104b of the AEA for a construction permit for a
facility, and on any application under section 104c for a construction
permit for a testing facility. Over the last two decades the Commission
has revisited its process for conducting these mandatory hearings
several times. In 2007, as part of a major revision to 10 CFR part 52,
``Licenses, Certifications, And Approvals for Nuclear Power Plants,''
the Commission revised Sec. 2.104 to remove all provisions specifying
safety and environmental findings to be made by the presiding officer
in hearings (72 FR 49352, 49412, August 28, 2007). This change to the
NRC's rules of procedure was based on the Commission's desire to ensure
maximum flexibility in the conduct of mandatory reactor licensing
hearings and its determination, based on prior experience and
consideration of the nature of mandatory hearings under section 189 of
the AEA, that such detailed prescription was unnecessary (ADAMS
Accession No. ML071010223). No reference was made at that time to
Sec. Sec. 51.105 and 51.107, which contain provisions specifying
environmental findings to be made by presiding officers that are
similar to those removed from Sec. 2.104.
This final rule removes those two provisions from 10 CFR part 51,
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions,'' and makes conforming changes to remove
references to those provisions in other parts of the regulations. In
addition, the Commission is revising certain provisions in 10 CFR parts
2, 50, 51, 52, and 53 to clarify that references to hearings in those
regulations apply only to contested hearings.
III. Discussion
In its 1971 decision in Calvert Cliffs' Coordinating Committee v.
Atomic Energy Commission, the U.S. Court of Appeals for the District of
Columbia Circuit held that the Atomic Energy Commission (predecessor of
the NRC)
[[Page 20064]]
could not exclude environmental issues from its mandatory reactor
licensing hearings that addressed safety and security issues. 449 F.2d
1109, 1117-19 (D.C. Cir. 1971). In response to that decision, the
Atomic Energy Commission added to its regulations the provisions
containing specific environmental issues to be addressed by the
presiding officer, which are now found in Sec. Sec. 51.105 and 51.107
and were formerly found in Sec. 2.104 (37 FR 15127, 15130-31, 15141-
42, July 28, 1972). These provisions call for the presiding officer in
mandatory hearings on construction permits, early site permits, and
combined licenses to determine whether the requirements in sections
102(2)(A), (C), and (D) of the National Environmental Policy Act (NEPA)
have been met; to independently consider the final balance among
conflicting factors with a view to determining the appropriate action
to be taken; to determine whether the permit or license should be
issued after weighing costs versus benefits and considering reasonable
alternatives; and to determine whether the NRC staff's NEPA review has
been adequate.
Although the language in the regulations derives from the Calvert
Cliffs decision, the court did not hold that NEPA required specific
findings to be made in a hearing. Rather, the court held that NEPA
issues must be considered in the same way that safety and security
issues are considered within the process. Therefore, to the extent that
NRC regulations required findings on safety and security issues in
hearings, they also had to include findings on NEPA issues. At bottom,
Calvert Cliffs requires only that NEPA issues receive equal treatment
to non-environmental issues during the hearing process.
Section 189a of the AEA states that a hearing must be held on
certain applications but does not prescribe any findings that must be
made prior to issuing a license or permit, nor does it prescribe the
manner in which a hearing must be held. NEPA and Calvert Cliffs
likewise do not require particular findings on environmental issues in
a hearing unless the NRC is using that hearing to make comparable
findings on safety and security issues. Currently, although NRC
regulations require the NRC to make certain safety and security
findings to issue a license or permit, NRC regulations contain no
specific findings that a presiding officer must make in a hearing with
respect to those non-environmental issues.
Accordingly, because the specific environmental findings delineated
in Sec. Sec. 51.105 and 51.107 are not legally required, the
Commission is removing them from the NRC regulations. Removing these
findings from the regulations gives the Commission increased
flexibility, both now and in the future, in deciding how to efficiently
conduct mandatory hearings held pursuant to section 189 of the AEA.
In addition to deleting Sec. Sec. 51.105 and 51.107 from the
regulations, the Commission is making conforming changes to other
regulations in 10 CFR part 51 to remove references to the deleted
sections. The Commission is also making changes to provisions in 10 CFR
parts 50, 51, 52, and 53 containing references to hearings to clarify
that those provisions are intended to refer only to contested hearings
and making changes to 10 CFR part 2 to clarify that the rules governing
adjudications do not apply to mandatory reactor licensing hearings
under section 189 of the AEA.
Similarly, the Commission is removing references in 10 CFR parts 50
and 53 (Sec. Sec. 50.30(a)(3) and 53.1100(a)(2)) to the Atomic Safety
and Licensing Board and the presiding officer requiring service of the
application in the mandatory AEA hearing. These provisions have been
superseded by the advent of the electronic hearing docket and are being
removed as part of this rulemaking because the reference to the
mandatory hearing could create confusion in the future. Likewise,
references in appendix N of 10 CFR part 52 and in 10 CFR part 53 to the
Commission designating a presiding officer to conduct the proceeding on
issues relating to the common design are being removed. These
provisions are redundant to the provisions in subpart D of 10 CFR part
2 which contain the procedures for the conduct of a proceeding
involving an identical design at multiple sites and could create
confusion regarding what is needed for a mandatory hearing. Subpart D
of 10 CFR part 2 provides the Commission with the flexibility to hold
individual or separate proceedings, as appropriate, in any contested
hearing.
Finally, the Commission is revising certain sections in 10 CFR part
52 (Sec. 52.24 for early site permits and Sec. 52.97 for combined
licenses). These provisions currently state that, after a hearing is
conducted and a report is received from the Advisory Committee on
Reactor Safeguards, the Commission may issue the permit or license upon
making the requisite findings. The references in these regulations to
conducting a hearing are being removed to fully sever the historical
but unnecessary link between the findings that must be made to support
issuance of a license and the conduct of a mandatory hearing pursuant
to section 189 of AEA.
Because these provisions are procedural rules related to the
conduct of hearings, notice and comment is not required under the
Administrative Procedure Act, 5 U.S.C. 553(b)(A).
IV. Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act, as amended, 5
U.S.C. 605(b), the NRC certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule applies in the context of NRC adjudicatory proceedings
concerning nuclear reactors. Reactor licensees do not fall within the
definition of a small business found in section 3 of the Small Business
Act, 15 U.S.C. 632, within the small business standards set forth in 13
CFR part 121, or within the size standards established by the NRC
(Sec. 2.810).
V. Regulatory Analysis
This final rule removes requirements from the agency's rules of
practice for mandatory hearings to further streamline the new reactor
licensing process in response to the ADVANCE Act and the May 23, 2025,
E.O. 14300, ``Ordering the Reform of the Nuclear Regulatory
Commission.'' This regulatory action removes the findings that a
presiding officer must make in a mandatory hearing, which are not
required by the AEA or NEPA. This rulemaking does not change the
applicant's process in preparing a new license application nor does it
change NRC's process for reviewing those applications. This rulemaking
has the potential to shorten the time it takes the NRC to review an
application by providing additional flexibility in the conduct of the
mandatory hearing. These amendments will neither impose new safety
requirements nor relax existing ones.
The cost savings or benefits \1\ of this rule are that it is
expected to increase the efficiency with which the NRC conducts
mandatory hearings. The elimination of the requirement that the
presiding officer in a mandatory hearing make certain findings, which
are not required by statute, can not only streamline the hearing
process but also mean that the hearing could be conducted earlier in
the process such that the mandatory hearing is not on the critical path
to license issuance. The NRC expects the costs of implementing this
rule to be minimal. The NRC would
[[Page 20065]]
need to update its mandatory hearing procedures to reflect the
additional flexibility.
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\1\ Consistent with the Office of Management and Budget's
Circular A-4 (2003), this final rule provides a qualitative analysis
in absence of reliable data.
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Because these benefits outweigh the costs, the NRC expects this
final rule to provide a net qualitative benefit without affecting
safety.
VI. Backfitting and Issue Finality
The NRC has determined that the backfit rule and issue finality
provisions do not apply to this rule because the amendments do not
involve any provisions that would impose backfits as defined in 10 CFR
chapter I and are not inconsistent with any applicable issue finality
provision in 10 CFR part 52. Therefore, a backfit analysis or issue
finality assessment is not required for this rule.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
VIII. National Environmental Policy Act
This rule involves an amendment to hearing procedures (in 10 CFR
part 51) with conforming changes to 10 CFR parts 2, 50, 51, 52, and 53,
and thus qualifies as an action for which no environmental review is
required under the categorical exclusion set forth in 10 CFR
51.22(c)(1). Therefore, neither an environmental impact statement nor
an environmental assessment has been prepared for this rulemaking.
IX. Paperwork Reduction Act
This rule does not contain a collection of information as defined
in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and,
therefore, is not subject to the requirements of the Paperwork
Reduction Act of 1995.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
X. Executive Orders
Additional information about these statutes and Executive orders
can be found at https://www.nrc.gov/about-nrc/regulatory/rulemaking/procedural-requirements.
Executive Order 12866: Regulatory Planning and Review (as Amended by
Executive Order 14215, Ensuring Accountability for All Agencies)
The Office of Information and Regulatory Affairs (OIRA) has
determined that this rule is not a significant regulatory action under
E.O. 12866. More information can be found in section V, of this
document, ``Regulatory Analysis.''
Executive Order 14154: Unleashing American Energy
NRC has examined this final rule and has determined that it is
consistent with the policies and directives outlined in E.O. 14154.
Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is a deregulatory action as defined by E.O. 14192. This
final rule is considered an E.O. 14192 deregulatory action. Details on
the estimated costs of this final rule can be found in section V, of
this document, ``Regulatory Analysis.''
Executive Order 14270: Zero-Based Regulatory Budgeting To Unleash
American Energy
Executive Order 14270, ``Zero-Based Regulatory Budgeting to Unleash
American Energy,'' requires the NRC to insert a conditional sunset date
into all new or amended NRC regulations provided the regulations are
(1) promulgated under the Atomic Energy Act of 1954, as amended (AEA),
the Energy Reorganization Act of 1974, as amended (ERA), and the
Nuclear Waste Policy Act of 1982, as amended (NWPA); (2) not
statutorily required; and (3) not part of the NRC's permitting regime.
The NRC determined that the regulatory changes in this rule are for
hearing processes that are required by statute and are part of the
NRC's regulatory permitting scheme authorized by the AEA, ERA, or NWPA.
Therefore, the NRC views this rulemaking to be outside the scope of
E.O. 14270 and did not insert conditional sunset dates for the
regulatory changes in this final rule.
XI. Congressional Review Act
This final rule is a rule as defined in the Congressional Review
Act (5 U.S.C. 801-808). However, the Office of Management and Budget
has found that it does not meet the criteria at 5 U.S.C. 804(2).
XII. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
----------------------------------------------------------------------------------------------------------------
ADAMS Accession No./web link/Federal Register
Document citation
----------------------------------------------------------------------------------------------------------------
Executive Order 12866, ``Regulatory Planning and Review,'' 58 FR 51735.
October 4, 1993.
Executive Order 14215, ``Ensuring Accountability for All 90 FR 10447.
Agencies,'' February 24, 2025.
Executive Order 14154, ``Unleashing American Energy,'' 90 FR 8353.
January 29, 2025.
Executive Order 14192, ``Unleashing Prosperity Through 90 FR 9065.
Deregulation,'' February 6, 2025.
Executive Order 14270, ``Zero-Based Regulatory Budgeting 90 FR 15643.
to Unleash American Energy,'' April 15, 2025.
Restructuring of Facility License Application Review and 37 FR 15127.
Hearing Processes, July 28, 1972.
Final Rule--Licenses, Certifications, and Approvals for 72 FR 49352.
Nuclear Power Plants, August 28, 2007.
Staff Requirements--Affirmation Session, 10:00 A.M., ML071010223.
Wednesday, April 11, 2007, Commissioners' Conference
Room, One White Flint North, Rockville, Maryland (Open To
Public Attendance).
Office of Management and Budget's Circular A-4, 2003...... https://www.whitehouse.gov/wp-content/uploads/2025/08/CircularA-4.pdf.
Calvert Cliffs' Coordinating Committee v. Atomic Energy 449 F.2d 1109.
Commission, the U.S. Court of Appeals for the District of
Columbia Circuit (D.C. Cir. 1971).
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[[Page 20066]]
List of Subjects
10 CFR Part 2
Administrative practice and procedure, Antitrust, Byproduct
material, Classified information, Confidential business information,
Freedom of information, Environmental protection, Hazardous waste,
Nuclear energy, Nuclear materials, Nuclear power plants and reactors,
Penalties, Reporting and recordkeeping requirements, Sex
discrimination, Source material, Special nuclear material, Waste
treatment and disposal.
10 CFR Part 50
Administrative practice and procedure, Antitrust, Backfitting,
Classified information, Criminal penalties, Education, Emergency
planning, Fire prevention, Fire protection, Intergovernmental
relations, Nuclear power plants and reactors, Penalties, Radiation
protection, Reactor siting criteria, Reporting and recordkeeping
requirements, Whistleblowing.
10 CFR Part 51
Administrative practice and procedure, Environmental impact
statements, Hazardous waste, Nuclear energy, Nuclear materials, Nuclear
power plants and reactors, Reporting and recordkeeping requirements.
10 CFR Part 52
Administrative practice and procedure, Antitrust, Combined license,
Early site permit, Emergency planning, Fees, Inspection, Issue
finality, Limited work authorization, Manufacturing license, Nuclear
power plants and reactors, Probabilistic risk assessment, Prototype,
Reactor siting criteria, Redress of site, Penalties, Reporting and
recordkeeping requirements, Standard design, Standard design
certification.
10 CFR Part 53
Administrative practice and procedure, Antitrust, Backfitting,
Construction permit, Combined license, Classified information, Criminal
penalties, Early site permit, Emergency planning, Fees, Fire
prevention, Fire protection, Inspection, Intergovernmental relations,
Limited work authorization, Manufacturing license, Nuclear power plants
and reactors, Operating license, Penalties, Prototype, Radiation
protection, Reactor siting criteria, Reporting and recordkeeping
requirements, Standard design, Standard design certification, Training
programs.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR parts 2, 50, 51, 52, and 53:
PART 2--AGENCY RULES OF PRACTICE AND PROCEDURE
0
1. The authority citation for part 2 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81,
102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42
U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201,
2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy
Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846);
Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42
U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act
(5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy
Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j)
also issued under Sec. 31001(s), Pub. L. 104-134, 110 Stat. 1321-373
(28 U.S.C. 2461 note).
0
2. Revise and republish Sec. 2.300 to read as follows:
Sec. 2.300 Scope of this subpart.
The provisions of this subpart apply to all contested adjudications
conducted under the authority of the Atomic Energy Act of 1954, as
amended, the Energy Reorganization Act of 1974, and this part, and to
uncontested proceedings or uncontested portions of proceedings
involving applications for a license to construct and operate a uranium
enrichment facility, unless specifically stated otherwise in this
subpart. This subpart does not apply to the conduct of other
uncontested proceedings or uncontested portions of proceedings.
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
0
3. The authority citation for part 50 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 101, 102, 103,
104, 105, 108, 122, 147, 149, 161, 181, 182, 183, 184, 185, 186,
187, 189, 223, 234 (42 U.S.C. 2014, 2131, 2132, 2133, 2134, 2135,
2138, 2152, 2167, 2169, 2201, 2231, 2232, 2233, 2234, 2235, 2236,
2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs.
201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste
Policy Act of 1982, sec. 306 (42 U.S.C. 10226); National
Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504
note; Sec. 109, Pub. L. 96-295, 94 Stat. 783.
0
4. In Sec. 50.10:
0
a. Remove paragraph (e)(1)(ii);
0
b. Redesignate paragraphs (e)(1)(iii) and (iv) as paragraphs (e)(1)(ii)
and (iii); and
0
c. Revise newly designated paragraph (e)(1)(iii) and paragraph (f).
The revisions read as follows:
Sec. 50.10 License required; limited work authorization.
* * * * *
(e) * * *
(1) * * *
(iii) If a contested hearing is held, the presiding officer finds
that there are no unresolved safety issues relating to the activities
to be conducted under the limited work authorization that would
constitute good cause for withholding the authorization.
* * * * *
(f) Effect of limited work authorization. Any activities undertaken
under a limited work authorization are entirely at the risk of the
applicant and, except as to the matters determined under paragraph
(e)(1) of this section, the issuance of the limited work authorization
has no bearing on the issuance of a construction permit or combined
license with respect to the requirements of the Act, and rules,
regulations, or orders issued under the Act. The environmental impact
statement for a construction permit or combined license application for
which a limited work authorization was previously issued will not
address, and the presiding officer in a contested hearing will not
consider, the sunk costs of the holder of limited work authorization in
determining the proposed action (i.e., issuance of the construction
permit or combined license).
* * * * *
Sec. 50.30 [Amended]
0
5. In Sec. 50.30, remove paragraph (a)(3) and redesignate paragraphs
(a)(4) through (6) as paragraphs (a)(3) through (5).
PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC
LICENSING AND RELATED REGULATORY FUNCTIONS
0
6. The authority citation for part 51 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 161, 193 (42 U.S.C.
2201, 2243); Energy Reorganization Act of 1974, secs. 201, 202 (42
U.S.C. 5841, 5842); National Environmental Policy Act of 1969 (42
U.S.C. 4332, 4334, 4335); Nuclear Waste Policy Act of 1982, secs.
144(f), 121, 135, 141, 148 (42 U.S.C. 10134(f), 10141, 10155, 10161,
10168); 44 U.S.C. 3504 note.
Sections 51.20, 51.30, 51.60, 51.80, and 51.97 also issued under
Nuclear Waste Policy
[[Page 20067]]
Act secs. 135, 141, 148 (42 U.S.C. 10155, 10161, 10168).
Section 51.22 also issued under Atomic Energy Act sec. 274 (42
U.S.C. 2021) and under Nuclear Waste Policy Act sec. 121 (42 U.S.C.
10141).
Sections 51.43, 51.67, and 51.109 also issued under Nuclear
Waste Policy Act sec. 114(f) (42 U.S.C. 10134(f)).
0
7. In Sec. 51.102, revise paragraph (c) to read as follows:
Sec. 51.102 Requirement to provide a record of decision; preparation.
* * * * *
(c) When a contested hearing is held on the proposed action under
the regulations in part 2 of this chapter or when the action can only
be taken by the Commissioners acting as a collegial body, the initial
decision of the presiding officer or the final decision of the
Commissioners acting as a collegial body will constitute the record of
decision. An initial or final decision constituting the record of
decision will be distributed as provided in Sec. 51.93.
0
8. In Sec. 51.104, revise paragraphs (a)(1), (b), and (c) to read as
follows:
Sec. 51.104 NRC proceeding using public hearings; consideration of
environmental impact statement.
(a)(1) In any proceeding in which a contested hearing is held on
the proposed action; a final environmental impact statement has been
prepared in connection with the proposed action; and matters within the
scope of NEPA and this subpart are in issue, the NRC staff may not
offer the final environmental impact statement in evidence or present
the position of the NRC staff on matters within the scope of NEPA and
this subpart until the final environmental impact statement is filed
with the Environmental Protection Agency, furnished to commenting
agencies and made available to the public.
* * * * *
(b) In any proceeding in which a contested hearing is held where
the NRC staff has determined that no environmental impact statement
need be prepared for the proposed action, unless the Commission orders
otherwise, any party to the proceeding may take a position and offer
evidence on the aspects of the proposed action within the scope of NEPA
and this subpart in accordance with the provisions of part 2 of this
chapter applicable to that proceeding or in accordance with the terms
of the notice of hearing. In the proceeding, the presiding officer will
decide any such matters in controversy among the parties.
(c) In any proceeding in which a limited work authorization is
requested, unless the Commission orders otherwise, a party in a
contested hearing may take a position and offer evidence only on the
aspects of the proposed action within the scope of NEPA and this
subpart which are within the scope of that party's admitted contention,
in accordance with the provisions of part 2 of this chapter applicable
to the limited work authorization or in accordance with the terms of
any notice of hearing applicable to the limited work authorization. In
the proceeding, the presiding officer will decide all matters in
controversy among the parties.
Sec. 51.105 [Removed and Reserved]
0
9. Remove and reserve Sec. 51.105.
Sec. 51.106 [Amended]
0
10. In Sec. 51.106, in paragraphs (a) and (b), remove the phrase
``Sec. Sec. 51.104 and 51.105'' and add in its place the phrase
``Sec. 51.104''.
Sec. 51.107 [Removed and Reserved]
0
11. Remove and reserve Sec. 51.107.
PART 52--LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER
PLANTS
0
12. The authority citation for part 52 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 103, 104, 147, 149,
161, 181, 182, 183, 185, 186, 189, 223, 234 (42 U.S.C. 2133, 2134,
2167, 2169, 2201, 2231, 2232, 2233, 2235, 2236, 2239, 2273, 2282);
Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42
U.S.C. 5841, 5842, 5846, 5851); 44 U.S.C. 3504 note.
0
13. Revise and republish Sec. 52.21 to read as follows:
Sec. 52.21 Administrative review of applications; hearings.
An early site permit is subject to all applicable procedural
requirements in 10 CFR part 2, including the requirements for docketing
in Sec. 2.101(a)(1) through (4) of this chapter, and the requirements
for issuance of a notice of hearing in Sec. 2.104(a) and (d) of this
chapter, provided that the designated sections may not be construed to
require that the environmental report, or draft or final environmental
impact statement include an assessment of the benefits of construction
and operation of the reactor or reactors, or an analysis of alternative
energy sources. The presiding officer in a contested early site permit
hearing shall not admit contentions proffered by any party concerning
an assessment of the benefits of construction and operation of the
reactor or reactors, or an analysis of alternative energy sources if
those issues were not addressed by the applicant in the early site
permit application. All contested hearings conducted on applications
for early site permits filed under this part are governed by the
procedures contained in subparts C, G, L, and N of 10 CFR part 2, as
applicable.
0
14. In Sec. 52.24, revise the paragraph (a) introductory text to read
as follows:
Sec. 52.24 Issuance of early site permit.
(a) The Commission may issue an early site permit, in the form the
Commission deems appropriate, if the Commission finds that:
* * * * *
Sec. 52.85 [Amended]
0
15. In Sec. 52.85, add the word ``contested'' after the word ``All''
in the last sentence.
Sec. 52.91 [Amended]
0
16. In Sec. 52.91, in the last sentence of paragraph (a), remove the
phrase ``the proceeding'' and add in its place the phrase ``a contested
hearing''.
0
17. In Sec. 52.97, revise paragraph (a)(1) introductory text to read
as follows:
Sec. 52.97 Issuance of combined licenses.
(a)(1) The Commission may issue a combined license if the
Commission finds that:
* * * * *
Appendix N to Part 52--[Amended]
0
18. In appendix N to part 52, remove paragraph 8.
PART 53--RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK
FOR COMMERCIAL NUCLEAR PLANTS
0
19. The authority citation of part 53 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 101, 103, 108,
122, 147, 161, 181, 182, 183, 184, 185, 186, 187, 189, 223, 234 (42
U.S.C. 2014, 2131, 2132, 2133, 2134, 2135, 2138, 2152, 2167, 2169,
2201, 2231, 2232, 2233, 2234, 2235, 2236, 2237, 2239, 2273, 2282);
Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42
U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste Policy Act of 1982,
sec. 306 (42 U.S.C. 10226); National Environmental Policy Act of
1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note; Pub. L. 115-439, 132
Stat. 5571.
Sec. 53.1100 [Amended]
0
20. In Sec. 53.1100, remove paragraph (a)(2) and redesignate
paragraphs (a)(3) through (5) as paragraphs (a)(2) through (4).
[[Page 20068]]
0
21. In Sec. 53.1130:
0
a. Remove paragraph (b)(1)(ii);
0
b. Redesignate paragraphs (b)(1)(iii) and (iv) as paragraphs (b)(1)(ii)
and (iii); and
0
c. Revise newly redesignated paragraph (b)(1)(iii) and paragraph (c).
The revisions read as follows:
Sec. 53.1130 Limited work authorizations.
* * * * *
(b) * * *
(1) * * *
(iii) If a contested hearing is held, the presiding officer finds
that there are no unresolved safety issues relating to the activities
to be conducted under the LWA that would constitute good cause for
withholding the authorization.
* * * * *
(c) Effect of limited work authorization. Any activities undertaken
under an LWA are entirely at the risk of the applicant and, except as
to the matters determined under paragraph (b)(1) of this section, the
issuance of the LWA has no bearing on the issuance of a CP or COL with
respect to the requirements of the Act and rules, regulations, or
orders issued under the Act. The environmental impact statement for a
CP or COL application for which an LWA was previously issued will not
address, and the presiding officer in a contested hearing will not
consider, the sunk costs of the holder of the LWA in determining the
proposed action (i.e., issuance of the CP or COL).
* * * * *
0
22. In Sec. 53.1149, revise paragraph (b) to read as follows:
Sec. 53.1149 Review of applications.
* * * * *
(b) Administrative review of applications; hearings. An early site
permit application is subject to all applicable procedural requirements
in 10 CFR part 2, including the requirements for docketing in Sec.
2.101(a)(1) through (4) of this chapter, and the requirements for
issuance of a notice of hearing in Sec. 2.104(a) and (d) of this
chapter, provided that the designated sections may not be construed to
require that the environmental report, or draft or final environmental
impact statement includes an assessment of the benefits of construction
and operation of the reactor or reactors, or an analysis of alternative
energy sources. The presiding officer in a contested early site permit
hearing must not admit contentions proffered by any party concerning an
assessment of the benefits of construction and operation of the reactor
or reactors, or an analysis of alternative energy sources if those
issues were not addressed by the applicant in the early site permit
application. All contested hearings conducted on applications for early
site permits filed under this part are governed by the procedures
contained in subparts C, G, L, and N of 10 CFR part 2, as applicable.
0
23. In Sec. 53.1158, revise paragraph (a) introductory text to read as
follows:
Sec. 53.1158 Issuance of early site permit.
(a) The Commission may issue an early site permit, in the form the
Commission deems appropriate, if the Commission finds that--
* * * * *
Sec. 53.1315 [Amended]
0
24. In Sec. 53.1315, in paragraph (b), add the word ``contested''
after the word ``All'' in the last sentence.
0
25. In Sec. 53.1327, revise paragraph (a) to read as follows:
Sec. 53.1327 Authorization to conduct limited work authorization
activities.
(a) If the application does not reference an early site permit
which authorizes the holder to perform the activities under Sec.
53.1130, the applicant may not perform those activities without
obtaining the separate authorization required by Sec. 53.1130.
Authorization may be granted only after the presiding officer in a
contested hearing on the application has made the findings and
determination required by Sec. 53.1130(b)(1)(iii), and the Director,
Office of Nuclear Reactor Regulation makes the determination required
by Sec. 53.1130(b)(1)(ii).
* * * * *
0
26. In Sec. 53.1333, revise paragraph (a) introductory text to read as
follows:
Sec. 53.1333 Issuance of construction permits.
(a) The Commission may issue a CP only if the Commission finds
that--
* * * * *
Sec. 53.1422 [Amended]
0
27. In Sec. 53.1422, in paragraph (b), add the word ``contested''
after the word ``All'' in the last sentence.
0
28. In Sec. 53.1434, revise paragraph (a) to read as follows:
Sec. 53.1434 Authorization to conduct limited work authorization
activities.
(a) If the application for a COL under this part does not reference
an early site permit which authorizes the holder to perform the
activities under Sec. 53.1130(b), the applicant may not perform those
activities without obtaining the separate authorization required by
Sec. 53.1130(a). Authorization may be granted only after the presiding
officer in a contested hearing on the application has made the findings
and determination required by Sec. 53.1130(b)(1)(iii), and the
Director, Office of Nuclear Reactor Regulation makes the determination
required by Sec. 53.1130(b)(1)(ii).
* * * * *
0
29. In Sec. 53.1440, revise paragraph (a)(1) introductory text to read
as follows:
Sec. 53.1440 Issuance of combined licenses.
(a)(1) The Commission may issue a COL if the Commission finds
that--
* * * * *
Sec. 53.1470 [Amended]
0
30. In Sec. 53.1470, remove paragraph (h) and redesignate paragraphs
(i) and (j) as paragraphs (h) and (i).
Dated: April 13, 2026.
For the Nuclear Regulatory Commission.
Carrie Safford,
Secretary of the Commission.
[FR Doc. 2026-07301 Filed 4-14-26; 8:45 am]
BILLING CODE 7590-01-P