Nuclear Regulatory Modernization Act of 2026
- Sponsor
- Rep. Spartz, Victoria [R-IN-5]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Jul 13, 2026
Bottom line
The bill aims to accelerate nuclear energy development and enhance domestic uranium enrichment capacity by reducing regulatory hurdles and speeding up NRC licensing processes.
What it actually does
This bill amends the Atomic Energy Act of 1954 to streamline the Nuclear Regulatory Commission's (NRC) hearing processes for nuclear facility licenses and amendments, allowing for informal adjudicatory procedures and making public hearings optional in certain circumstances. It also authorizes uranium enrichment facilities to begin construction before receiving a final license, under the same 'at-risk' terms as other fuel cycle facilities, and mandates the NRC to revise regulations accordingly.
Proponents argue
Supporters argue that the bill modernizes outdated NRC regulations, reduces unnecessary delays and costs for nuclear project development, and enhances domestic uranium enrichment capabilities, which is crucial for energy independence and national security, especially given the prohibition on Russian uranium imports.
Opponents contend
Opponents might argue that reducing mandatory public hearings and streamlining processes could diminish public oversight, potentially compromising safety standards or environmental protections. They might also raise concerns about the 'construction-at-risk' provision, suggesting it could lead to significant investments in projects that might ultimately be denied a license, creating stranded assets or environmental risks.
The bill is short and relatively accessible, but its implications require an understanding of existing nuclear regulatory frameworks and their impact.
Section 2(a) of H.R. 9658, amending Section 189 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2239(a))
Optional NRC Hearings and Informal Adjudicatory Procedures
This provision changes the requirement for the Nuclear Regulatory Commission (NRC) to hold mandatory hearings for certain licensing and amendment proceedings. Instead, the NRC may issue permits or licenses without a hearing if no affected person requests one, after a 30-day notice period. It also explicitly allows the NRC to use informal adjudicatory procedures for any hearings it does hold.
Supporters argue
Supporters argue this streamlines the licensing process, reducing delays and costs for nuclear projects without compromising safety, as the NRC retains authority to regulate and public notice is still required. They contend that mandatory hearings often become procedural hurdles rather than substantive safety reviews.
Critics contend
Critics might argue that removing mandatory hearings diminishes public participation and transparency in critical safety decisions, potentially allowing projects to proceed without adequate scrutiny from affected communities or environmental watchdogs.
Tradeoffs
This provision balances the desire for regulatory efficiency and accelerated nuclear development against concerns about public oversight, transparency, and potential impacts on safety and environmental review.
Section 2(b) of H.R. 9658, amending Section 185 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2235(b))
Alignment of Licensing with New Hearing Rules
This provision makes a technical change to align the issuance of construction permits and operating licenses with the new, more flexible hearing requirements established in Section 2(a). It replaces the phrase 'After holding a public hearing under section 189 a. (1)(A)' with 'After the thirty days notice and publication period or holding a hearing, as applicable, under section 189 a. (1)(A),' ensuring consistency.
Section 2(c) of H.R. 9658
Immediate Application to Pending Cases
This provision states that the changes made by Section 2 (regarding NRC hearings) will apply to all applications and proceedings that are currently pending before the Nuclear Regulatory Commission on or after the date the bill is enacted.
Section 3 of H.R. 9658, amending Section 193 of the Atomic Energy Act of 1954 (42 U.S.C. 2243)
Permitting Early Construction for Uranium Enrichment Facilities
This provision allows uranium enrichment facilities to begin construction before receiving their final license from the NRC, under the same 'at-risk' terms and conditions that apply to other fuel cycle facilities. It also includes a Sense of Congress reaffirming the prohibition on Russian uranium imports and clarifies that the NRC retains authority to regulate construction and deny licenses, and that public hearing rights under Section 189 are not affected.
Makes the changes to NRC hearing rules applicable to all applications and proceedings pending before the NRC on or after the date of enactment.
Section 2(c)
Why it matters:This is a common legislative practice for specifying effective dates or applicability, but it has significant policy implications for ongoing cases.
Case for: Proponents argue it ensures immediate realization of the bill's intended efficiencies and accelerates nuclear project development.
Case against: Opponents might argue it changes the rules mid-game for parties already engaged in proceedings, potentially undermining due process or public trust.
Estimated impact: Could immediately affect several ongoing licensing or amendment processes, potentially shortening their timelines or altering public participation rights.
Requires the NRC to issue or revise regulations to carry out the 'construction-at-risk' authorization within 180 days of enactment.
Section 3(c)
Why it matters:Standard legislative practice to mandate agency action, but the 180-day deadline is a significant operational requirement for the NRC.
Case for: Proponents argue it ensures timely implementation of the new policy, preventing delays in establishing the 'construction-at-risk' framework.
Case against: No direct opposition to a rulemaking mandate itself, but the substance of the regulations could be contentious. Some might argue 180 days is a tight deadline for complex regulatory changes.
Estimated impact: Directs significant administrative effort for the NRC within a tight timeframe, impacting their resource allocation.