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

Fact safe-034

newrecordconfirmed Utah's role: the state 'may observe but not direct'; the claimed state-DOE notification agreements were not found
2025-10 · safe-034 · State of Utah, Utah Office of Energy Development, Utah DEQ, U.S. Department of Energy, Valar Atomics

Valar's NSDA says that while Ward 250 is under DOE authority, Valar will coordinate with Utah DEQ, the Division of Waste Management and Radiation Control, Emery County Emergency Management, Emery County Fire and local responders; that state representatives 'may observe but not direct DOE regulatory activities'; and that 'The State of Utah maintains agreements with DOE regarding notification and coordination for nuclear facilities within the state', including environmental data sharing and emergency coordination. No such Utah-DOE agreement was found in state or DOE sources searched on 29 September 2026. The state's own pieces: the Office of Energy Development owns the lab and is Valar's landlord (mine-035); it advertised for a lab-wide Safety Manager in September 2026 (dir-006); Utah's 2026 H.B. 78 created a Nuclear Energy Regulatory Office and conditions spent-fuel storage on a DWMRC permit (csite-023). In its 2025 lawsuit post, Valar argued small test reactors could be regulated by states, some of which were creating regulatory bodies (safe-028).

In plain termsUtah hosts the reactor, owns the land under it and changed its laws for it, but the safety decisions are DOE's. Valar's paperwork says state officials can watch but not give orders, and that Utah and DOE have agreements to keep each other informed. We could not find those agreements. If they exist, a records request to the state would turn them up.
verified 2026-09-29: Re-read NSDA pp. 20-21 and Valar's 7 April 2025 post on 2026-09-29. Holds. The claimed Utah-DOE agreements remain not found.

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