Maryland AG Leads Coalition Urging Nuclear Watchdog to Prioritize Safety Over Speed in Microreactor Licensing

BALTIMORE, MD – Maryland Attorney General Anthony G. Brown is spearheading a coalition of state attorneys general in urging the U.S. Nuclear Regulatory Commission (NRC) to maintain a robust focus on public safety when considering regulations for new nuclear microreactor technologies. The coalition has submitted a formal letter to the NRC expressing significant concerns regarding proposed regulations that would expedite the licensing and deployment of these potentially experimental devices. While acknowledging the future promise of microreactors as a source of fossil-fuel-free energy, the group emphasizes that the technology is largely unproven, and the NRC has a fundamental responsibility to guarantee public and environmental safety before their widespread adoption.

The coalition’s detailed, over 70-page comment letter argues that the proposed regulations unlawfully prioritize speed and mass deployment through generically approved designs. This approach, they contend, places industry cost-savings above essential public safety and environmental protection measures. The suggested procedures represent a notable departure from the NRC’s established practice of conducting individual evaluations for each license applicant. The attorneys general highlight that these proposed procedures conflict with the NRC’s statutory duty, as mandated by the Atomic Energy Act, to protect public health and safety, which is considered its primary obligation. This is a particularly acute concern given the experimental nature of microreactors, the broad spectrum of technologies encompassed within this category, and the variety of novel nuclear fuels and waste streams that their deployment would involve.

Among the critical issues detailed in the letter are several specific regulatory changes that the coalition finds problematic. These include the elimination of standardized emergency planning zones, which could leave communities less prepared in the event of an incident. The proposed rules would also permit reactor manufacturers to deviate from approved designs, shifting the burden of proof from the manufacturer—who would typically need to demonstrate the safety of any changes—to objectors, who would then have to prove the deviation is unsafe. Furthermore, applicants would be allowed to select their own methodologies for determining site boundaries and safety classifications. This could result in identical reactor designs having different safety parameters based solely on an operator’s preference, creating potential inconsistencies in safety oversight. The regulations also create a pathway to categorically exclude microreactors from further analysis under the National Environmental Policy Act (NEPA), potentially limiting crucial environmental impact assessments. The coalition also raised concerns about the process by which the proposal was developed, citing an unacceptably short 45-day comment period for a rule with such far-reaching implications.

Joining Attorney General Brown in submitting the letter are the attorneys general from California, the District of Columbia, Delaware, Illinois, Massachusetts, New Mexico, Oregon, Vermont, and Washington. This collective action underscores a broad agreement among these states regarding the necessity of prioritizing safety in the development and deployment of new nuclear technologies.

Article by Mel Anara, based upon information from the Maryland Attorney General.

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