Fact dir-024
No public record read shows a settlement of Texas et al. v. NRC. (1) The NRC General Counsel listed the case as active and in abeyance as of 27 January 2026 (dir-018). (2) Utah's Attorney General described it in January 2026 as stayed while the NRC considers rule revisions and exemptions (dir-019). (3) The NRC's May 2026 proposed Part 57 rule keeps the 'utilization facility' definition the suit attacks (dir-020). No final rule and no Federal Register notice about a settlement were found, and none of the NRC's 2026 Commission orders (CLI-26-1 to CLI-26-12) concerns the case. (4) The latest docket entry seen, in a commercial copy of the docket, is a joint status report of 2 September 2026, with no dismissal, stipulation or consent decree shown (dir-022). (5) Press in May 2026 reported only that the NRC had been willing to settle (dir-021). A settlement agreed but not yet filed cannot be ruled out from public records, and its terms, if any, are unknown. Ward 250 runs under DOE authorization either way (safe-028). (Updates safe-028.)
- Litigation Status Report (As of January 27, 2026), enclosure to SECY-26-0013 (U.S. Nuclear Regulatory Commission, Office of the General Counsel, 2026-01-27) primary government “The court has not yet acted on the request”
- Office of the Utah Attorney General 2025 Annual Report (Office of the Utah Attorney General, 2026-01-22) primary government “The case is currently stayed”
- Licensing Requirements for Microreactors and Other Reactors With Comparable Risk Profiles (proposed rule) (Federal Register (Nuclear Regulatory Commission), 2026-05-01) primary government “any nuclear reactor would meet both prongs and constitute a utilization facility”
- State of Texas et al v. U.S. Nuclear Regulatory Commission (6:24-cv-00507) (PacerMonitor (copy of PACER docket)) court docket aggregator “JOINT STATUS REPORT by U.S. Nuclear Regulatory Commission”
- Commission Orders for 2026 (U.S. Nuclear Regulatory Commission) primary government
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