New Executive Orders Undercut Nuclear Regulatory Commission Authority to Protect Public Safety, Security

Published May 27, 2025

Media Contact

Timothy Judson

Executive Director 

timj@nirs.org

301-270-6477

WASHINGTON (May 27, 2025)—President Trump issued executive orders today that violate the Atomic Energy Act and effectively terminate the independence of the Nuclear Regulatory Commission (NRC)’s and its ability to protect the public health and safety in the operation of commercial nuclear facilities. The orders also reject settled science on the public health impacts of radiation, putting the safety of workers and the American people at risk.

Below is a statement by Timothy Judson, Executive Director of NIRS:

After 70 years of promoting nuclear power, it is still too expensive and produces radioactive wastes that will be dangerous for over a million years. President Trump’s executive orders will not and cannot fix those problems. Turning to nuclear reprocessing, as one of them would do, will only make those problems worse, as it has every time before in the U.S. and every other country with a reprocessing program. 

There is no “fixing” or “reviving” nuclear energy. The orders are a shortsighted, wasteful effort that will only make nuclear power less safe and more polluting. They will further weaken the Nuclear Regulatory Commission and undermine its ability to protect public safety and national security–in direct violation of the Atomic Energy Act–and they will directly endanger the health of workers and people who live downwind, downstream, or near nuclear facilities. 

One order ignores decades of scientific findings and thousands of families’ tragic experiences with radioactivity, directing the NRC to reduce radiation protections. The National Academy of Sciences has repeatedly found that radiation increases the risk of cancer and other diseases. Only kooks and crackpots under the spell of a Dr. Strangelove-like infatuation with nuclear power say otherwise. 

Another order will slash the NRC’s staff and subjugate the agency to White House approval of its regulations and licensing decisions, ending even the pretense that an independent regulator will be there to protect the public health and safety. The root cause of the Fukushima Dai-Ichi nuclear meltdowns in 2011 was found to be the subjugation of a nuclear safety regulator to politicians and corporations. That disaster displaced over 100,000 people, shut down the whole nuclear industry, and will cost Japan up to $700 billion. President Trump’s executive orders will increase the chances that could happen here. 

Other orders direct the military and Department of Energy to build commercial nuclear power plants without NRC regulation and oversight. The Pentagon and DOE hardly have a track record of cost-effective contracting and timely production. Billion-dollar cost overruns and years-long delays are the norm, just as they were with nuclear utilities. Combining the Defense Department and the nuclear industry is a recipe for fiscal disaster. We can only pray that any reactors built through such a scheme never end up operating. But far from “government efficiency” or “energy security,” Don Trump’s quixotic tilting at reactors will prove to be a futile, wasteful exercise that will cost taxpayers dearly.

The truth is, we can meet all of our energy needs, safely, securely, and affordably, with renewable energy sources that are ready to deploy today. In the last two years alone, the world brought online as much new wind and solar as the entire nuclear industry worldwide can generate after 60 years. If President Trump wants to lead, that is the direction.”

EOs and NOTES

Reinvigorating The Nuclear Industrial Base

• Orders reports on reprocessing, privately operated CIS and reprocessing, and nuclear fuel production infrastructure (“milling, conversion, enrichment, deconversion, fabrication, recycling, or reprocessing”)
• Order DOE to “develop a plan to expand domestic uranium conversion capacity and expand enrichment capabilities sufficient to meet projected civilian and defense reactor needs for low enriched uranium (LEU), high enriched uranium (HEU) and high assay, low enriched uranium (HALEU)”
• an analysis of legal, budgetary, and policy considerations relevant to efficiently transferring spent nuclear fuel from reactors to a government-owned, privately operated reprocessing and recycling facility;
• recommendations for the efficient disposal of the wastes generated by recycling or reprocessing through a permanent disposal pathway;
• program to develop methods and technologies to transport, domestically and overseas, used and unused advanced nuclear fuels and advanced nuclear reactors containing such fuels in a safe, secure, and environmentally sound manner, including any legislation required to support this initiative
• Orders DOE to “prioritize contracting for the development of fuel fabrication facilities that demonstrate the technical and financial feasibility to supply fuel to qualified test reactors or pilot program reactors within 3 years” 
• Funding for Restart, Completion, Uprate, or Construction of Nuclear Plants.
  • facilitate 5 gigawatt of power uprates to existing nuclear reactors and have 10 new large reactors with complete designs under construction by 2030. 
  • through the Department of Energy Loan Programs Office, make available resources for restarting closed nuclear power plants, increasing power output of operating nuclear power plants, completing construction of nuclear reactors that was prematurely suspended, constructing new advanced nuclear reactors, and improving all associated aspects of the nuclear fuel supply chain.
  • assess the feasibility of restarting or repurposing closed nuclear power plants as energy hubs for military microgrid support

Reforming Nuclear Reactor Testing At The Department Of Energy

• “Decades of research and engineering have produced prototypes of advanced nuclear technologies that incorporate passive safety mechanisms, improve the physical architecture of reactor designs, increase reactor operational flexibility and performance, and reduce risk in fuel disposal. … The United States cultivated the effort to design and build the first Generation IV reactor for commercial use, but the Federal Government has effectively throttled the domestic deployment of advanced reactors, ceding the initiative to foreign nations in building this critical technology.”
• “(c)  The term “qualified test reactor” means an advanced reactor that satisfies thresholds established by the Department sufficient to demonstrate that, from the perspective of technical development and financial backing, the reactor may feasibly be operational within 2 years from the date a substantially complete application is submitted.
• “With some rare and arguable exceptions, no advanced reactors have yet been deployed in America.  I find that design, construction, operation, and disposition of such reactors under the auspices of the Department — and not to produce commercial electric power — would be for research purposes, rather than “for the purpose of demonstrating the suitability for commercial application of . . . a reactor”
  • “… Thus, at least for the foreseeable future, advanced reactors over which the Department exercises sufficient control and that do not produce commercial electric power… fall within the jurisdiction of the Department, which has authority to foster research and development in nuclear reactors.”
• Orders DOE to “issue guidance regarding what counts as a qualified test reactor”
  • “revise the regulations, guidance, and procedures and practices to significantly expedite the review, approval, and deployment of advanced reactors”
  • “The Secretary shall ensure that the Department’s expedited procedures enable qualified test reactors to be safely operational at Department-owned or Department-controlled facilities within 2 years following the submission of a substantially complete application”
• “The Secretary shall create a pilot program for reactor construction and operation outside the National Laboratories, pursuant to the Atomic Energy Act’s authorization of reactors under the Department’s sufficient control…  The Secretary shall approve at least three reactors pursuant to this pilot program with the goal of achieving criticality in each of the three reactors by July 4, 2026.
• “The Secretary shall … use all available authorities to eliminate or expedite the Department’s environmental reviews for authorizations, permits, approvals, leases, and any other activity requested by an applicant or potential applicant.  …such measures shall include determining which Department functions are not subject to NEPA, creating categorical exclusions as appropriate for reactors within certain parameters…, relying on supplemental analyses where reactors will be located on existing sites, or utilizing alternative procedures under NEPA.

Ordering The Reform Of The Nuclear Regulatory Commission

• “The NRC has failed to license new reactors even as technological advances promise to make nuclear power safer, cheaper, more adaptable, and more abundant than ever.
  • This failure stems from a fundamental error:  Instead of efficiently promoting safe, abundant nuclear energy, the NRC has instead tried to insulate Americans from the most remote risks without appropriate regard for the severe domestic and geopolitical costs of such risk aversion.  
  • The NRC utilizes safety models that posit there is no safe threshold of radiation exposure and that harm is directly proportional to the amount of exposure.  Those models lack sound scientific basis and produce irrational results, such as requiring that nuclear plants protect against radiation below naturally occurring levels.
  • “Recent events in Europe, such as the nationwide blackouts in Spain and Portugal, underscore the importance of my Administration’s focus on dispatchable power generation – including nuclear power — over intermittent power.
  • “Sec. 3.  Reforming the NRC’s Culture. The Congress has mandated that the NRC’s “licensing and regulation of the civilian use of radioactive materials and nuclear energy be conducted in a manner that is efficient and does not unnecessarily limit — (1) the civilian use of radioactive materials and deployment of nuclear energy; or (2) the benefits of civilian use of radioactive materials and nuclear energy technology to society.”
    • Just as the Congress directed, the NRC’s mission shall include facilitating nuclear power while ensuring reactor safety.  When carrying out its licensing and related regulatory functions, the NRC shall consider the benefits of increased availability of, and innovation in, nuclear power to our economic and national security in addition to safety, health, and environmental considerations.
  • Sec. 4.  Reforming the NRC’s Structure.  (a)  The current structure and staffing of the NRC are misaligned with the Congress’s directive that the NRC shall not unduly restrict the benefits of nuclear power.  The NRC shall, in consultation with the NRC’s DOGE Team (as defined in Executive Order 14158 of January 20, 2025 (Establishing and Implementing the President’s “Department of Government Efficiency”)), and consistent with its governing statutes, reorganize the NRC to promote the expeditious processing of license applications and the adoption of innovative technology.
    •  The NRC shall undertake reductions in force in conjunction with this reorganization, though certain functions may increase in size consistent with the policies in this order, including those devoted to new reactor licensing.  The NRC shall also create a dedicated team of at least 20 officials to draft the new regulations directed by section 5 of this order.
  • The personnel and functions of the Advisory Committee on Reactor Safeguards (ACRS) shall be reduced to the minimum necessary to fulfill ACRS’s statutory obligations.  Review by ACRS of permitting and licensing issues shall focus on issues that are truly novel or noteworthy.
• “The NRC … shall undertake a review and wholesale revision of its regulations and guidance documents, and issue notice(s) of proposed rulemaking effecting this revision within 9 months of the date of this order.  The NRC shall issue final rules and guidance to conclude this revision process within 18 months of the date of this order.”
  • “The deadlines shall include:  (1) a deadline of no more than 18 months for final decision on an application to construct and operate a new reactor of any type, commencing with the first required step in the regulatory process, and (2) a deadline of no more than 1 year for final decision on an application to continue operating an existing reactor of any type, commencing with the first required step in the regulatory process
• (i) Reconsider the regulations governing the time period for which a renewed license remains effective, and extend that period as appropriate based on available technological and safety data.
• “(j)  Streamline the public hearings process.”

Deploying Advanced Nuclear Reactor Technologies For National Security

• “… demands reliable, high-density power sources that cannot be disrupted by external threats or grid failures”
  • “Advanced nuclear reactors include nuclear energy systems like Generation III+ reactors, small modular reactors, microreactors, and stationary and mobile reactors that have the potential to deliver resilient, secure, and reliable power to critical defense facilities and other mission capability resources.
• “… fully leverage federally owned uranium and plutonium resources declared excess to defense needs, related nuclear material, supply chain components, and research and development infrastructure …”
  • coordinate regulatory efforts across the Department of Defense and the Department of Energy
• Directs DOD to “establish a program of record for the utilization of nuclear energy for both installation energy and operational energy
  • “… the Secretary of Defense, through the Secretary of the Army, shall commence the operation of a nuclear reactor, regulated by the United States Army, at a domestic military base or installation no later than September 30, 2028.”
  • (d)  Within 240 days of the date of this order, … prepare and submit … legislative proposals and regulatory actions regarding the distribution, operation, replacement, and removal of advanced nuclear reactors and spent nuclear fuel on military installations.
• “The Secretary of Energy shall initiate the process for designating AI data centers within the 48 contiguous States and the District of Columbia, in whole or in part, that are located at or operated in coordination with Department of Energy facilities, including as support for national security missions, as critical defense facilities, where appropriate.
  • The electrical infrastructure … needed to operate such shall be considered defense critical electric infrastructure ….
  • (b)  Within 90 days of the date of this order, the Secretary of Energy shall designate one or more sites owned or controlled by the Department of Energy within the United States, including national laboratories, for the use and deployment of advanced nuclear reactor technologies.
  • (c)  The Secretary of Energy shall utilize all available legal authorities to site, approve, and authorize the design, construction, and operation of privately funded advanced nuclear reactor technologies at Department of Energy-owned or controlled sites for the purpose of powering AI infrastructure, other critical or national security needs, supply chain items, or on-site infrastructure.  The Secretary of Energy shall prioritize early site preparation and authorization activities with a goal of operating an advanced nuclear reactor at the first site no later than 30 months from the date of this order.
• “DOE shall release into a readily available fuel bank not less than 20 metric tons of high assay low-enriched uranium (HALEU) for any project from the private sector which receives authorization to construct and operate at a Department of Energy-owned or controlled site and that is regulated by the Department of Energy for the purpose of powering AI and other infrastructure.”
• “(c)  The Secretary of Defense and the Secretary of Energy shall utilize all available legal authorities to site, approve, and authorize the design, construction, and operation of privately-funded nuclear fuel recycling, reprocessing, and reactor fuel fabrication technologies at identified sites controlled by their respective agencies for the purpose of fabricating fuel forms for use in national security reactors, commercial power reactors, and non-power research reactors.
• Exports:
  • (ii)   aggressively pursue at least 20 new 123 Agreements by the close of the 120th Congress to enable the United States nuclear industry to access new markets in partner countries;
  • (iii)  aggressively renegotiate 123 Agreements set to expire within the next decade;
  • approve or deny each technology transfer export authorization request within 30 days of receipt of a complete application and completion by the Department of Energy of the required accompanying analysis
  • determine a strategy which addresses:
    • (i)    optimizing the value of the United States International Development Finance Corporation to provide equity and other financing of American nuclear energy technology;
    • (ii)   increasing the effectiveness of the United States Trade and Development Agency, as consistent with law, by expanding grant financing for United States nuclear technology pilots, fuel supplies, and project preparation to recently graduated high income economies of national strategic interest;
    • (iii)  leveraging the Export-Import Bank of the United States and other relevant agencies to increase financing for projects utilizing United States civil nuclear technology exports throughout the project lifecycle;
    • (v)    achieving competitive parity in the global market for high-level advocacy and representation from the Federal Government to foreign governments of potential import countries to include alignment on nuclear-related bilateral issues, focusing on countries with the highest probability of nuclear deployment within the next 4 years based on industry assessment and established commercial criteria such as the strength of the country’s financial and regulatory system.
  • Finance:
    •  leverages United States participation in the multilateral development banks to support client country access to financial and technical assistance 
  • Directs State Dept. to “implement a program to enhance the global competitiveness of American nuclear suppliers, investors, and lenders to compete for nuclear projects around the globe …”
    • (i)    expedite the conclusion of intergovernmental agreements on nuclear energy and the fuel supply chain with potential export countries;
    • (ii)   promote broad adherence to the Convention on Supplementary Compensation for Nuclear Damage;
    • (iii)  identify statutory and regulatory burdens on exports … and recommend appropriate remedial action; and
    • (iv)   encourage favorable decisions by potential import countries on the use of American nuclear technology….
  • Security: … prioritize the issuance … of security clearances … to support the rapid distribution and use of nuclear energy and fuel cycle technologies.