S. 5249: Modernizing Outdated Regulations to Expand American Fuel Act of 2026

This bill would change how the Nuclear Regulatory Commission (NRC) handles licensing for uranium enrichment facilities.

What changes for uranium enrichment plants

Under current law, the licensing process for these facilities includes certain review steps tied to both construction and operation. This bill would revise the Atomic Energy Act so that uranium enrichment facilities are treated more like other fuel-cycle facilities, with a focus on licensing the operation of the facility rather than creating extra licensing barriers for construction.

In practical terms, the bill would:

• Remove language that refers to licensing the construction of uranium enrichment facilities in several places.
• Require the NRC to grant a hearing to any affected person who asks for one regarding the operation license application, and to make that person a party to the proceeding.
• Eliminate a requirement for a separate “single adjudicatory hearing on the record” for certain parts of the process, replacing it with revised hearing language.
• Allow construction of a uranium enrichment facility to begin before the operation license is issued, as long as:
  • construction starts after the NRC has officially docketed the application,
  • the construction complies with all applicable federal laws and regulations, and
  • the construction is done at the applicant’s own risk.

Notification requirements before construction

The bill would require an applicant to certify that, at least 15 days before starting construction, it will notify:

• the governor of the state where the facility will be located,
• the chief executive and governing body of the local government units where the facility will be located, and
• if applicable, the governing body of each Indian Tribe with jurisdiction over land in the facility’s emergency planning area.

Regulatory updates

The NRC would have to update its regulations within 180 days after enactment to reflect these changes. For applications already pending when the new rules take effect, the NRC could exempt applicants from the older requirements if appropriate.

What the bill does not change

The bill says it does not limit the NRC’s power to regulate construction when needed to license and oversee operation of a uranium enrichment facility. It also does not stop the NRC from denying an operating license if the applicant failed to build or operate the facility according to the applicable rules. The bill also preserves normal judicial review of final NRC decisions.

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