Information Notice 2025-03, Advance Act Section 102 Implementation
| ML25090A213 | |
| Person / Time | |
|---|---|
| Issue date: | 05/12/2025 |
| From: | Phyllis Clark NRC/NRR/DRO/IOEB |
| To: | |
| References | |
| 2025-03 | |
| Download: ML25090A213 (4) | |
ML25090A213 UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
OFFICE OF NUCLEAR REACTOR REGULATION
WASHINGTON, DC 20555-0001
May 12, 2025
NRC INFORMATION NOTICE 2025-03:
ADVANCE ACT SECTION 102 IMPLEMENTATION
ADDRESSEES
All holders of or potential applicants for operating licenses or construction permits for nuclear
power reactors under Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Domestic
Licensing of Production and Utilization Facilities, or holders of or applicants for a combined
license under 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power
Plants, except those that have permanently ceased operations and have certified that fuel has
been permanently removed from the reactor vessel.
All holders of licenses and potential applicants for a fuel cycle facility under the provisions of
10 CFR Part 70, Domestic Licensing of Special Nuclear Material, and holders of licenses and
Certificates of Compliance and potential applicants for transportation and storage systems
under the provisions of 10 CFR Part 71, Packaging and Transportation of Radioactive
Material, and 10 CFR Part 72, Licensing Requirements for the Independent Storage of Spent
Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater than
Class C Waste.
PURPOSE
The U.S. Nuclear Regulatory Commission (NRC) is issuing this information notice (IN) to
(1) notify licensees and applicants of the requirements of Section 102 of the Accelerating
Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024 (ADVANCE Act),
Denial of certain domestic licenses for national security purposes, and (2) notify licensees
and applicants of NRC efforts to develop a comprehensive strategy for meeting these
requirements. It is expected that recipients will review the IN for applicability to their facilities.
INs may not impose new requirements, and nothing in this IN should be interpreted to require
specific action.
DESCRIPTION OF CIRCUMSTANCES
Section 102(b) of the ADVANCE Act, Denial of Certain Domestic Licenses for National Security
Purpose
s, states:
Unless specifically authorized by the Commission in a license issued under section 53 of
the Atomic Energy Act of 1954 (42 U.S.C. 2073) and part 70 of title 10, Code of Federal
Regulations (or successor regulations), no person subject to the jurisdiction of the
Commission may possess or own covered fuel1.
1 Covered fuel is defined as enriched uranium that is fabricated outside the United States into fuel assemblies for
commercial nuclear power reactors by an entity that is owned, controlled, organized under the laws of, or otherwise
subject to the jurisdiction of the Russian Federation or the Peoples Republic of China. The ADVANCE Act also provides consultation and notification requirements for the licensing
process of covered fuel.
BACKGROUND
The ADVANCE Act, which was signed into law on July 9, 2024, requires the NRC to take
specific actions, particularly in the areas of licensing of new reactors and fuels, while
maintaining the NRCs core safety and security mission. The ADVANCE Act affects a wide
range of NRC activities, including but not limited to enhancing the regulatory framework for
advanced reactors and fusion technology, and requiring initiatives to support the NRCs
efficient, timely, and predictable reviews of license applications.
DISCUSSION
In addition to prohibiting possession and ownership of covered fuel without specific license
authorization from the NRC, Section 102 of the ADVANCE Act specifies requirements to be
integrated into the NRCs process for issuing licenses for covered fuel under Section 53 of the
Atomic Energy Act of 1954 (42 U.S.C. 2073) and Part 70 of Title 10, Code of Federal
Regulations, including (1) consultation with and determinations by the Secretary of Energy and
the Secretary of State, and (2) specific timelines for making notifications to the Secretaries, Congressional committees, and the public.
The NRC will be developing a comprehensive strategy for incorporating the requirements of
Section 102 of the ADVANCE Act into the licensing process for covered fuel.
CONTACT
S
Please direct any questions about this matter to the Project Manager listed below:
/RA/
Shana Helton, Director
Division of Fuel Management
Office of Nuclear Material Safety
and Safeguards
/RA/
Jeremy Bowen, Director
Division of Advanced Reactors and Non- Power Production and Utilization Facilities
Office of Nuclear Reactor Regulation
/RA/
Russell Felts, Director
/RA/
Michele Sampson, Director
Division of New and Renewed Licenses
Office of Nuclear Reactor Regulation
/RA/
Jamie Pelton, Acting Director
Division of Operating Reactor Licensing
Office of Nuclear Reactor Regulation
Division of Reactor Oversight
Office of Nuclear Reactor Regulation
Project Manager:
James Delosreyes, NRR
301-415-4141 e-mail: james.delosreyes@nrc.gov
EPIDS No. G-2024-AGN-0030
OFFICE
NRR/DORL/LLPB/PM
NRR/DORL/LLPB/BC
NMSS/DFM/NFT/TL
NRR/DNRL/NRLB/
NRR/DRO/IOEB/PM
NAME
JDelosreyes
JRankin (A)
JPiotter
MJardaneh
PClark
DATE
04/03/25
04/04/25
04/08/25
04/08/25
04/14/25 OFFICE
NRR/DANU/UAL1/BC
ML25090A213 OCIO
NRR/DRO/IOEB/PM
NAME
JBorromeo
JPeralta
DCullison
IBetts
PClark
DATE
04/02/25
05/08/25
04/16/25
4/17/25
05/08/25 OFFICE
NRR/DRO/IOEB/BC
NMSS/DFM/DD
NRR/DORL
NAME
BBenney (A)
JFisher
AGendelman
SHelton
BPham
DATE
05/08/25
04/03/25
04/29/25
05/06/25
04/17/25 OFFICE
NRR/DNRL/DD
NRR/DANU/DD
NRR/DORL/DD
DRO/DD
NAME
MSampson
JBowen
JPelton
RFelts
DATE
05/11/25
04/29/25
05/08/25
05/12/25