The Breakthrough Institute, Clean Air Task Force, ClearPath, Nuclear Innovation Alliance, and Third Way have joined together to issue a statement that says that delays in finalizing a regulatory rulemaking on risk-informed emergency preparedness has already caused significant regulatory uncertainty for developers.
     The proposed rulemaking is detailed in a document titled Emergency Preparedness Requirements for Small Modular Reactors and Other New Technologies. It would amend the U.S. regulations to add new emergency preparedness requirements for small modular reactors (SMRs) and other new technologies such as non-light-water reactor. It would also enable emergency plannings zones fore such reactors to be scalable to take into account their smaller size, lower power densities and lower probability of severe accidents.
     The proposed rule was published for public comment in May 2020. The comment period ended in September of that year. The final rule package was submitted to the NRC commissioners for approval in January of 2022.
      The five pro-nuclear groups say in a joint letter to the US regulator that “Commissioners are generally expected to vote on final rules in 60 days, but in this case the final rule publication date has been extended multiple times without explanation. Currently, the NRC rulemaking page says the final rule is scheduled for publication on 3 January, 2024. If this timeline holds, it would mean a duration of over 2 years since the final rule was submitted to the Commission for approval. This is in stark contrast to the NRC’s Efficiency principle of good regulation which states ‘Regulatory decisions should be made without undue delay’.” 
     The extensive delay is causing regulatory uncertainty for developers who are preparing licensing applications according to the group. Until a final decision is made, future applicants find themselves faced with the prospect of preparing two emergency preparedness. One plan would be based on the assumption that the rule will be in effect when they submit their applications. Another contingency plan would be drawn up in case the rule is not yet finished.
     This uncertainty has already resulted in applicants changing their emergency preparedness approach during the pre-application engagement process. Some delayed pre-application engagement until there is a greater certainty around what procedures will be available. It creates an extra burden for NRC staff, reduces the value of pre-application engagement for applicants and the NRC. The situation discourages future applicants. It is also contrary to the Nuclear Energy Innovation and Modernization Act of 2019. This bill directed the NRC to develop and implement strategies for the increasing use of risk-informed and performance-based licensing processes within two years. The groups said, “The NRC is over two and a half years late on this statutory deadline.”
      “A decision on the final emergency preparedness rule would increase regulatory predictability, reduce the regulatory burden for the applicant and the staff, and align with Congressional direction. More efficient and effective licensing contributes to meeting national environmental and energy security objectives. The Commission should act expeditiously to approve the final rule and update the associated Regulatory Guide 4.7, in the public interest.”