Comment on FR Doc # 2026-08550, NRC-2025-0379-0011, from Luke Obenauf
Luke ObenaufSupportIndividual
Summary: The commenter argues that the current regulatory framework creates a gap where microreactors used for power generation might not be covered by decommissioning requirements if they cease operations unexpectedly. They propose modifying 10 CFR 50.82(b) or 57.305(b) to ensure these licensees are required to submit license termination and decommissioning plans.
Subject: NRC-2025-0379 - 10 CFR 57.305(b) and 50.82(b) Applicability for Electric Production Microreactors
10 CFR 57.305(b) states that licensees that do not have an approved decommissioning plan at the time of permanent cessation of operations are subject to the requirements of part 50.82(b) of this chapter. 10 CFR 50.82(b) specifically applies to non-power production or utilization facility licensees, as defined in 10 CFR 50.2, 50.21, and 50.22. Microreactors licensed under 10 CFR 57.100 are not confined to the definitions of non-power production or utilization facilities- that is, 57.100 licenses can be used for power generation or non-power production. Therefore, there may be instances where a 57.100 licensee may need to unexpectedly permanently cease operations (not necessarily including radiological accidents but for economic factors, such as for Pilgrim Nuclear Power Station). In such cases, an electric utility holder of a 10 CFR 57.100 license would not be able to adhere to 57.305(b)’s requirement for generating an application for license termination and decommissioning plans per 10 CFR 50.82(b) since that section only applies to non-power production or utilization facility licensees.
Either 10 CFR 50.82(b) needs to be modified to also include licensees under 57.100, or the language of 10 CFR 50.82(b) needs to be adopted in 57.305(b).