On June 18, 2024, the U.S. Senate passed the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act by a vote of 88-2. The Act was signed into law by President Biden on July 9, 2024. The ADVANCE Act (“The Act”), which is part of the Fire Grants and Safety Act (S.B. 870), was introduced to enhance U.S. civil nuclear leadership, support the licensing of advanced nuclear technologies, strengthen the domestic nuclear energy fuel cycle and supply chain, and improve the regulation of nuclear energy, among other things. In terms of licensing and financial incentives of new nuclear plants, the Act streamlines licensing efforts regarding advanced nuclear reactors and provides for awards relating to licensing. 
The ADVANCE Act is composed of the six titles outlined below:

Title I – American Nuclear Leadership

• Authorizes the Nuclear Regulatory Commission (“NRC”) to coordinate all work relating to licensing, international regulatory cooperation, and assistance relating to nuclear reactors and radioactive materials.
• Empowers the NRC to establish the International Nuclear Export and Innovation Branch to carry out nuclear export and innovation activities globally. 
• Requires the NRC to consult with Congress prior to issuing a license for certain nuclear fuel, or to an entity attempting to possess or own fuel owned, controlled, or organized by Russia and China.
• Requires the Department of Energy (“DOE”) to conduct a global study on the status of civilian nuclear energy within one year of enactment of the Act, and to review internal procedures regarding a country’s status under 10 C.F.R. Part 810. 

Title II – Developing and Deploying New Nuclear Technologies

• Amends the Nuclear Energy Innovation and Modernization Act (“NEIMA”) by:
  • Reducing costs for advanced nuclear reactor license applications,
  • Granting awards to licensed and combined licensed advanced nuclear reactors relating to the issuance of licenses, and
  • Eliminating costs for pre-application activities relating to early site permits for advanced nuclear reactors on DOE sites or critical national security infrastructure. 
• Directs the NRC to report on any unique licensing issues or requirements relating to the use of nuclear energy, including costs, budgets, and timeframes for implementing regulatory guidance for the licensing of nonelectric nuclear reactors.
• Amends the Atomic Energy Act (“AEA”) and NEIMA by inserting a definition for “fusion machine” to distinguish between fission and fusion; and directs the NRC to report on licensing
• frameworks and estimated timelines for mass-manufactured fusion machines.
  • The effect of including “fusion machine” is that licensing applications for fusion machines are distinct from licensing application for commercial advanced nuclear reactors. 
• Requires the NRC to evaluate, develop, and implement strategies related to expediting licensing reviews and oversight at brownfield sites and retired fossil fuel sites. 
  • The NRC must do this within 2 years of enactment of the Act and shall consider numerous factors, including: (1) the use of existing site infrastructure, (2) existing emergency preparedness organizations and planning, (3) the availability of historical site-specific environmental data, (4) previously completed environmental reviews, (5) activities associated with potential decommissioning or decontamination and remediation, and (6) community engagement and historical experience with energy production.
• Directs the NRC to establish accelerated procedures for issuing combined licenses to (1) new nuclear reactors that reference an NRC-certified design or are substantially similar to an NRC license-issued design, and (2) new nuclear reactors on a site that has previously operated a licensed commercial nuclear reactor or is directly adjacent to a previously operated site that is substantially similar to that site by:
  • Completing the technical review process, issuing a safety evaluation report, and issuing a final environmental impact statement or environmental assessment within 18 months,
  • Completing any necessary public licensing hearings and related processes within 2 years, and
  • Making a final decision on whether to issue the combined license within 25 months.
• Requires the NRC to develop risk-informed and performance-based strategies regarding the licensing and regulation of micro-reactors. 

Title III – Preserving Existing Nuclear Energy Generation

• Amends the AEA to clarify prohibitions against issuing certain licenses for nuclear energy utilization facilities for certain entities and corporations. 
• Prohibition of ownership and control on nuclear reactors does not apply to:
  • A country that is a member of the Organization for Economic Co-operation and Development,
  • The Republic of India,
  • An incorporated corporation in the above countries, or
  • A citizen or national of the above countries.
• Prohibition of ownership or control of nuclear reactors does apply to:
  • A country that is subject to sanctions under § 231 of the Countering America’s Adversaries Through Sanctions Act, or
  • A citizen, national, or entity that is included on the List of Specially Designated Nationals and Blocked Persons under § 231 of the Countering America’s Adversaries Through Sanctions Act.

Title IV – Nuclear Fuel Cycle, Supply Chain, Infrastructure, and Work-Force

• Requires the NRC to submit a detailed report to Congress regarding manufacturing and construction for nuclear energy projects within 180 days of enactment of the Act. 
• Establishes a nuclear energy traineeship program to meet critical NRC and nuclear workforce needs and requires the NRC to coordinate with the DOE, encourage partnerships with certain organizations, and evaluate needs on an annual basis. 
• Requires the DOE to report on projections, accountings, and amounts spent by the U.S. and DOE in various initiatives to Congress by January 1, 2026, and biennially. 
• Directs the NRC to establish preparedness and coordination initiatives for advanced nuclear fuel qualification and licensing by working with the DOE to share technical expertise and knowledge and submitting a report to Congress. 

Title V – Improving Commission Efficiency

• Within one year of enactment of this Act, requires the NRC to update its mission statement to include that licensing and regulation of radioactive materials and nuclear energy be conducted in an efficient manner and share nuclear energy benefits with society. 
• Amends the AEA by giving the NRC more latitude in hiring procedures and compensation and requires the NRC to solicit applications for the Nuclear Regulator Apprenticeship Network on an annual basis.
• Amends the NEIMA by requiring the NRC to assess and improve performance metrics and milestones schedules and report on whether the NRC is meeting and is expected to meet total budget caps. 
• Requires the NRC to formulate techniques and guidance for evaluating nuclear reactor license applications and to provide for efficient and timely reviews for licenses, construction permits, and applications to transfer control.  
• Directs the NRC to facilitate efficient, timely, and predictable environmental reviews of nuclear reactor license applications under the National Environmental Policy Act (“NEPA”). 
• Requires the NRC to report on potential improvements to the nuclear reactor oversight and inspection programs that may maximize efficiency without compromising the NRC’s missions.

Title VI – Miscellaneous

• Amends the AEA by allowing the NRC to issue a license for a utilization facility in the conduct of research and development activities, subject to certain conditions. 
• Requires the NRC to report on any engagement with Canada on Great Lakes Basin nuclear waste issues within one year of enactment of this Act. 

CONTRIBUTORS: 

Kevin Doh - 2024 Balch Summer Associate and J.D. Candidate at The University of Alabama School of Law