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374 facts · 512 sources · updated 2026-09-30

Fact dir-020

newrecordconfirmed NRC's proposed microreactor rule (Part 57) keeps the reactor definition the suit attacks, and says any reactor would meet the law's test
2026-05-01 · dir-020 · Nuclear Regulatory Commission

The NRC announced proposed 10 CFR Part 57, 'Licensing Requirements for Microreactors and Other Reactors With Comparable Risk Profiles', on 24 April 2026 (News Release 26-047). It published the rule in the Federal Register on 1 May 2026 (91 FR 23628, FR Doc. 2026-08550, docket NRC-2025-0379, RIN 3150-AL36), with a correction on 15 May (C1-2026-08550); comments closed 15 June 2026. In section C, 'Utilization Facilities and General Licenses', the NRC says stakeholders had raised redefining 'utilization facility' to exclude some reactors from AEA section 103 licensing, and that it considered this. The proposal keeps the 1956 definition ('any nuclear reactor' other than plutonium or U-233 production reactors) and carries it into Part 57. The NRC's discussion of the AEA's safety and security prongs 'suggests that any nuclear reactor would meet both prongs' and so be a utilization facility regulated by the NRC. General licenses are proposed only for construction of certain components. The rule implements Executive Order 14300, which requires the final rule by 23 November 2026. The notice does not mention the lawsuit or any settlement. The proposal does not give the plaintiffs the redefinition they sued for; a final rule could differ.

In plain termsThe suit's main demand is that the NRC stop requiring a license for small reactors. In May 2026 the NRC proposed a faster licensing path for microreactors, but it kept the rule the suit targets. Its written reasoning says any nuclear reactor counts as a facility the NRC must license. The final rule is due by November 23, 2026, and could change.
verified 2026-09-30: Skeptic pass 2026-09-30: re-read the FR metadata (API) and the full text of section C and the E.O. 14300 background (the final rule 'must be issued by November 23, 2026'). Searched the text for Texas, lawsuit, Last Energy and district court: none; 'litigation' and 'settle' appear only in unrelated contexts. Corrected an overstatement: the NRC text 'suggests' every reactor meets both prongs; it did not formally 'conclude' or 'decline'. Re-read release 26-047 (dated 24 Apr 2026). FR API search of NRC documents from 2 May to 30 Sept 2026: only the 15 May correction to this rule; no final Part 57 and no document naming Valar.

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