Licensing Requirements for Microreactors and Other Reactors with Comparable Risk Profiles

Deep Fission, Inc. supports the NRC's efforts to modernize regulatory review practices for advanced reactors but argues that the draft guidance still relies too heavily on conventional light-water reactor structures. They recommend shifting to a risk-informed and performance-based (RIPB) approach that prioritizes high-level safety objectives and applicability determinations over traditional topical review areas.

Tam Fortis Solutions, a nuclear energy company, expresses strong support for the proposed 10 CFR Part 57 rulemaking, noting that their helicopter-portable microreactor aligns with the rule's risk profile and safety philosophy. They recommend that the final rule prioritize a physics-grounded assurance framework for autonomous operations, adopt a risk-informed approach to failures, and ensure technology-neutral guidance for passive, non-water-cooled designs.

The Union of Concerned Scientists opposes the proposed rule, arguing that it is unnecessary, lacks clear definitions for "microreactors," and risks allowing larger, higher-risk reactors to qualify for a more lenient licensing regime. They specifically criticize the fuel mass limits as being too high and call for more stringent entry criteria, including power rating limits and robust lifecycle security requirements.

Standard Nuclear, Inc, an advanced nuclear fuel fabricator, expresses strong support for the proposed Part 57 rulemaking, particularly the Standard Design Approval (SDA) pathway. They suggest expanding this logic to include a Standard Fuel Design Approval (SFDA) framework for TRISO-based fuels to reduce redundant testing and clarify the regulatory interface between fuel fabricators and reactor manufacturers.

Kairos Power LLC supports the NRC's effort to create a scaled licensing framework for microreactors and other low-risk reactors. However, they argue that several specific provisions in the proposed rule add unnecessary regulatory burdens and request revisions to align the framework more closely with existing non-power reactor regulations and executive orders.

Claritas Energy Solutions LLC supports the proposed risk-informed licensing framework for microreactors but argues that it lacks a defined pre-application readiness mechanism for first-of-a-kind designs. They recommend developing specific guidance to help developers assess application readiness and establishing standards for the use of AI-augmented safety analysis tools.

NuScale Power, LLC supports the proposed rule to establish a risk-informed, performance-based regulatory framework for the rapid licensing and high-volume deployment of microreactors and other low-risk reactors. The company advocates for specific refinements, including allowing for justifications of alternate inventory values and expanding general licensing to include pre-construction activities like procurement and fabrication.

Lockheed Martin Corporation supports the NRC's proposed risk-informed and performance-based licensing framework for microreactors, noting it addresses key economic barriers to scalability. However, the company requests more transparent, predictable, and formalized processes for determining eligibility and approving alternate testing and quality assurance standards to reduce uncertainty for investors and federal agencies.

NuScale Power, LLC supports the proposed rule to establish a risk-informed, performance-based regulatory framework for the rapid licensing and high-volume deployment of microreactors and other low-risk reactors. They advocate for streamlined licensing pathways, including the ability for applicants to justify alternative inventory limits and the expansion of general licensing for pre-construction activities.

The Institute for Policy Integrity, a nonpartisan think tank, supports the NRC's proposal to maintain its longstanding regulatory definition of "utilization facility." They argue that all nuclear reactors, including microreactors, meet the statutory criteria for licensing because they pose risks to public health and safety and involve quantities of special nuclear material significant to common defense and security.