Overview
The nuclear energy industry is primarily regulated by the Nuclear Regulatory Commission (NRC). The NRC was created through the dissolution of the Atomic Energy Commission in 1974. The agency mission is that “The NRC licenses and regulates the Nation's civilian use of radioactive materials to provide reasonable assurance of adequate protection of public health and safety and to promote the common defense and security and to protect the environment.” The NRC focuses on regulating reactors, materials, and waste to achieve this mission. Other regulatory bodies, like the Environmental Protection Agency (EPA) or Department of Transportation (DOT), have authority over certain activities during nuclear plant construction, operation, and decommissioning.
Reactors
For new nuclear reactors, the NRC has three main regulatory pathways a developer can take to receive a license. Part 50, Part 52, and the underdevelopment Part 53 outline the process for obtaining construction and operating license for new nuclear builds. Part 50 is the original licensing process and sometimes referred to as a two-step process. This process requires an applicant to first obtain a construction license for the nuclear project and then obtain a separate operating license. This process raised concerns about risks of not receiving an operating license after significant investments had been made in construction. In response to these concerns, the NRC developed the Part 52 process, which is a combined process. Under Part 52, applicants receive a combined construction and operating license with requirements that they follow an iterative process during construction to ensure the project is constructed in accordance with the specifications outlined in the combined license. While this process removes the risks of not receiving an operating license, it does require an applicant to stringently follow design specifications during construction. For some new reactor designs, this process can hamstring developers that may need to make design changes during construction. The NRC is currently developing a Part 53 licensing process that may help alleviate these concerns. Regardless of the NRC’s ultimate decision on Part 53, applicants can choose the regulatory structure that best suits their needs.
Materials
The NRC is responsible for regulating special nuclear materials, source material, byproduct material, and radium. In addition, the NRC works with the EPA, FDA, and states to coordinate regulatory activities around nuclear materials.
Waste
In addition to regulating radioactive materials, the NRC is also responsible for regulating nuclear waste. This authority includes high-level waste, low-level waste, and uranium mill tailings. High-level waste includes used nuclear reactor fuel and other irradiated nuclear fuels. Low-level waste includes radioactively contaminated clothing and equipment. The NRC currently has 39 agreement states for low-level nuclear waste whereby states establish NRC compliant programs to manage low-level waste in their state.
