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

Fact gov-011

newrecordconfirmed The state's own MOU with Valar (May 16, 2025): non-binding, confidential, 'no publicity' without consent, DOE rules only
2025-05-16 · gov-011 · Utah Office of Energy Development, Valar Atomics, Emy Lesofski, Max Ukropina, Utah San Rafael Energy Lab

The memorandum of understanding between the Utah Office of Energy Development and Valar Atomics, dated and signed 16 May 2025 by OED Director Emy Lesofski and Valar's Max Ukropina, is posted on OED's website with signatures omitted (the file was uploaded 12 January 2026, per the site's media record; read and transcribed from its page images 29 Sept 2026). It sets a 'non-binding framework' to evaluate Valar 'activating a nuclear test reactor' and 'TRISO fuel fabrication' at the San Rafael Energy Lab 'for research'; OED would provide site, infrastructure and shared facilities, and Valar is responsible for design, operation and 'regulatory compliance'. It targets 'Test Reactor activation by July 2026, with milestones for approvals', a week before Executive Order 14301 (23 May 2025) set the 4 July 2026 criticality goal. Clause 5 says the MOU 'and related information are confidential and shall not be disclosed without both Parties' consent, except as required by law', and that OED 'requires Valar officer approval for external disclosures'; clause 4 treats information exchanged as confidential 'unless otherwise required by law', notes that OED is subject to GRAMA, and has the lab notify Valar of any records request touching Valar-designated confidential information; clause 8 says 'No publicity shall be issued without mutual consent'. Clause 6 names compliance with applicable laws 'including Department of Energy (DOE) regulations'; the NRC is not mentioned. Either side may end it on 30 days' notice; OED cannot indemnify Valar or spend money not appropriated. The confidentiality terms are not unique to Valar: OED's later nuclear MOUs posted on its website carry similar clauses, Deployable Energy's (18 Aug 2026) barring publicity 'without the prior written consent' of the other party, and Oklo's (27 March 2026) treating the MOU, its contents and 'the fact that the Parties are discussing' it as confidential. They are OED's common practice with nuclear developers, though not universal: its June 2026 MOU with Nuclea Energy has neither clause and says only that OED is subject to GRAMA.

In plain termsThis is the first signed paper between the State of Utah and Valar. It is not a contract: it only says both sides will explore putting a test reactor and a uranium-fuel making operation at the state's energy lab in Emery County, with the reactor running by July 2026. It also says the agreement and 'related information' are confidential, that the state needs Valar's sign-off before disclosing things, and that neither side will publicize the deal without the other's consent. Utah's public-records law still overrides that. The clauses may help explain why the agreement's own text was not posted until January 2026, but the project itself was publicly discussed within weeks of the signing: after news reports, Emery County held a noticed public hearing on nuclear industries (17 June 2025, gov-020), and the next day a legislative committee heard an agenda item titled 'Valar Atomics Nuclear Test Reactor', where the state's slides gave the MOU's signing date (gov-040). And from the first day, the plan named the Energy Department's rules, not the NRC's. The state's energy office puts similar confidentiality terms in some of its agreements with other nuclear companies, so this is how the office works, not a special favor to Valar.
verified 2026-09-29: Re-rendered and read both page images of the Valar MOU 2026-09-29 (clauses 1-12, signature note) and re-read the Deployable, Oklo and Nuclea MOUs and the media upload record (12 Jan 2026). Holds; added clause 4's own GRAMA acknowledgment. Correction 2026-10-01 (precision review): wording made more exact against the cited records.

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