To achieve the objective of deploying a large fleet of advanced reactors during the 2030s, licensing must be predictable, timely, efficient, and cost-effective to enable the regulator to process the volume of applications required for large-scale deployment. Recent executive orders on nuclear energy direct the NRC to streamline reviews and establish enforceable review timelines of no more than 18 months, while establishing new DOE and DOD programs to expand demonstration and test reactor pathways, and developing a new process for high- volume licensing of microreactors and modular reactors. Regulations, guidance, and licensing should build on lessons learned from licensing the current North American fleet and apply them to the enhanced safety margins of new designs, ensuring that modernization efforts under these executive orders, and other parallel initiatives, are risk-informed and aligned with industry deployment goals.
Key Issue: Licensing Timelines
NRC and CNSC schedules for new reactor reviews can delay deployment of new and advanced reactors that are critical to achieving the nation’s environmental, economic, and national security goals. Although more time might be needed for FOAK reviews, reviews of previously approved designs should take no longer than 12 months from submittal to approval (no longer than 12 months for both the safety and environmental reviews).
ACTION:
Priority
Status
Develop recommendations for enhancements to licensing processes: Recommendations will be established to enable more timely and efficient reviews and approvals of advanced reactors, such as through the reduction in regulatory burden for project reviews that propose a pre-approved technology, are on a well-characterized site, and/or are proposed on a brownfield or existing licensed site.
Action Owner: NEI and CNA
Need Date: 2027 for continued engagement with regulators
Progress to Date on Addressing Key Issue: NEI is working closely with the NRC to implement initiatives under recent executive orders on nuclear energy and the ADVANCE Act of 2024, both designed to modernize the regulatory framework. To help guide these efforts, NEI submitted a comprehensive report that outlines nearly 100 proposals that would require changes to more than 1,000 NRC regulations, policies, and guidance documents. If adopted, these recommendations would make the framework more deployment-oriented, RIPB, while preserving strong protections for public health and safety. NEI also delivered a proposal paper , and supplemental paper , emphasizing concepts to achieve the regulatory efficiency and agility essential for the timely deployment of advanced reactors. Similarly, CNA has been advocating for several initiatives, including the removal of nuclear projects from the federal IAA and a reduction in regulatory burden for licensing reviews that propose a pre-approved technology, are on a well-characterized site, and/or are proposed on a brownfield or existing licensed site. NEI and CNA will monitor the implementation of these initiatives to identify any gaps that need to be addressed where additional recommendations and enhancements to licensing processes need to be developed. CNA also advocates for clarity from CNSC and the federal government on Indigenous engagement and consideration of FPIC
7Regulations of Rapid High-Volume Deployable Reactors in Remote Applications (RHDRA) and Other Advanced Reactors” ML24213A337
Key Issue: Emergency Preparedness
The existing regulatory framework for emergency preparedness does not take into consideration the innovative design features, smaller source terms, and safety characteristics of advanced reactors. These designs are disadvantaged because they cannot scale their emergency planning zone and emergency response based on their safety profile.
ACTION:
Priority
Status
Develop emergency planning methodologies: The industry will engage the NRC in the development of additional guidance needed to implement the requirements for sizing an Emergency Planning Zone and developing a performance-based emergency plan. This includes vendor topical reports and, at the industry level, NEI-developed guidance documents submitted to the NRC for endorsement. For Canada, industry will engage the CNSC to advocate for better management of risk for smaller, low-risk advanced technologies through removal of excessive requirements in regulatory documentation for lower risk facilities.
Action Owner: Advanced reactor vendors, CNA, and NEI
Need Date: 2025
Progress to Date on Addressing Key Issue: In the United States, the NRC has published the Emergency Preparedness for Small Modular Reactors and Other New Technologies final rule8, which establishes an emergency preparedness regulatory framework suitable for advanced reactors. Although the NRC provided guidance in the rule package, advanced reactor applicants and licensees could benefit from the development of additional guidance on methods to implement the rule requirements.
In the United States, NEI will continue to develop NEI 24-05, “An Approach for RIPB Emergency Planning,” and NEI white paper, “Selection of a Seismic Scenario for an EPZ Boundary Determination.”
In Canada, the key regulatory document related to emergency planning9 is currently under review. The revised version of this document is expected to be approved in 2025 and will provide a pathway for better management of risk for smaller, low-risk advanced technologies.
Key Issue: Security
The existing regulatory framework for physical security does not take into consideration the safety and security characteristics of advanced reactors. This disadvantages the applicant or licensee of an advanced reactor because they cannot scale their security organization and program requirements based on design-specific capabilities to prevent significant off- site consequences from an attack.
ACTION:
Priority
Status
Provide industry input into the regulator rule-making on security: NEI and the industry will provide input to the NRC on agency-proposed changes to the existing regulatory framework for physical security. In parallel, CNA and the industry will provide input into revisions to the Nuclear Security Regulations that are expected to provide greater flexibility to implement alternative measures and/or concepts of operation that could potentially eliminate vulnerabilities, and therefore, the need for certain measures in their respective nuclear security systems. After input is provided, NEI and CNA will remain engaged until the regulations are finalized.
Action Owner: NEI and CNA
Need Date: 2025 for engagement as regulations are finalized
8“Performance-Based Emergency Preparedness for Small Modular Reactors, Non-Light-Water Reactors, and Non-Power Production or Utilization Facilities” ML23226A036
9REGDOC-2.10.1, Nuclear Emergency Preparedness and Response, Version 3 - Draft for Consultation.
Key Issue: Regulatory Efficiency and Alignment
Canada and the United States recognize the need to collaborate on addressing a series of issues that can be addressed through regulatory alignment between the two nations.
ACTION:
Priority
Status
Provide joint recommendations to NRC and CNSC on regulatory alignment: NEI, CNA, and the industry will review and develop recommendations for enhancing alignment of regulatory processes and requirements to facilitate the efficient approval and licensing of advanced reactors in both countries.
Action Owner: NEI and CNA
Need Date: 2027
Progress to Date on Addressing Key Issue: Cooperation between the NRC and CNSC (and regulators in other countries, as appropriate) is ongoing to increase collaboration on technical reviews of advanced reactor technologies and is intended to reduce duplication of licensing review efforts, jointly use third-party verification, identify areas for collaborative verification, share expertise and leverage analysis performed by each organization. Industry recommendations10 for CNSC and NRC to improve international regulatory efficiency were issued in 2023.
Key Issue: Operator Staffing
The existing regulatory framework for all aspects of operation does not always take into consideration the features of advanced reactors. Alternative approaches, which still maintain the level of protection to the safety of the public provided by existing reactors, are needed so that the business case for new reactors is not disadvantaged.
ACTION:
Priority
Status
Develop industry recommendations for regulator guidance on operator staffing: Recommendations will be established to implement operator requirements appropriate for advanced reactor technologies.
Action Owner: NEI and CNA
Need Date: 2025
Progress to Date on Addressing Key Issue: NEI has established a subcommittee that has developed an action plan for developing industry guidelines. CNSC published a revised regulatory document on personnel certification11. This document was written with a graded approach in mind, allowing for flexibility in operator requirements for advanced technologies.
10 “Canadian and United States Regulatory Cooperation for New Nuclear Deployment“ September 2023.
11 REGDOC-2.2.3, Personnel Certification: Radiation Safety Officers
Key Issue: Part 53 (United States Only)
The current regulatory framework for technical requirements is prescriptive and inefficient for the regulation of advanced reactor technologies. A rule is needed that reflects a flexible technology-inclusive, RIPB, regulatory framework, thereby providing an efficient and adaptable approach that enables applicants to meet their needs for schedule, cost, and predictability.
ACTION:
Priority
Status
Provide industry feedback and recommendations on Part 53: Establish and communicate detailed feedback and recommendations for enhancing the NRC’s Part 53 rule-making to enable rules and guidance that are technology-neutral, RIPB, and that efficiently reflect the safety and security features of advanced reactors. After feedback and recommendations have been delivered, monitor the rule-making process and engage in public meetings to ensure Part 53 reflects the detailed feedback and recommendations and provides an improved Part 53 that becomes a preferred licensing pathway for new reactors.
Action Owner: NEI
Need Date: 2027 for monitoring rule-making process
Progress to Date on Addressing Key Issue: Feedback and recommendations have been provided to the NRC.
Key Issue : Part 50 and 52 (United States Only)
NRC is undertaking a review and wholesale revision of its regulations and guidance documents and plans to address lessons learned as identified by the industry from the experience of the first applicants and licensees to use 10 Code of Federal Regulations (CFR) Part 52 and update 10 CFR Part 50. The outcome of the rule-making should be that the Part 50 and 52 regulatory processes do not impose undue risks and delays in licensing and construction of new reactors.
ACTION:
Priority
Status
Provide industry input into the NRC rule-making for Parts 50 and 52: Ensure that the new rule and guidance appropriately reflect advanced reactor technology safety and security features
Action Owner: NEI
Need Date: 2025
Progress to Date on Addressing Key Issue: NEI and its members have provided NRC with recommended approaches and comments on materials that the agency has made available for public review to date. NEI will remain engaged until the final rules are published.