Federal Register #NRC-2024-0218

NRC Regulatory Amendment on Foreign Ownership of Nuclear Facilities

The U.S. Nuclear Regulatory Commission (NRC) is issuing a direct final rule to amend regulations on foreign ownership, control, or domination (FOCD) of nuclear utilization facilities: - Government Buyer: - U.S. Nuclear Regulatory Commission (NRC) - Regulatory Action (Not a Procurement): - Amends 10 CFR Parts 50 and 54 to comply with the ADVANCE Act of 2024 - Codifies new exceptions to FOCD restrictions for utilization facility applicants and licensees - Key Provisions: - Exempts 37 countries (36 OECD members plus India, with some exclusions) from FOCD restrictions under the Atomic Energy Act - Aims to facilitate foreign investment in the U.S. commercial nuclear power sector - Maintains national security through the NRC's inimicality review process - No Products or Services Procured: - No OEMs, vendors, or specific products/services are mentioned - No contract, award, or solicitation is associated with this action - Notable Requirements: - Regulatory change increases accessibility for foreign investment while preserving security oversight - Place of Performance/Agency Location: - NRC Headquarters, Washington, DC

Description

The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations on foreign ownership, control, or domination (FOCD) of utilization facilities to comply with section 301 of the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024. This direct final rule affects applicants and licensees of utilization facilities that are owned, controlled, or dominated by a foreign entity. The amendments explicitly include a list of 37 countries exempted from FOCD restrictions and aim to increase accessibility to foreign investment in the U.S. commercial nuclear power sector while ensuring national security. The rule is effective July 7, 2026, unless significant adverse comments are received by May 26, 2026.

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