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Why Nuclear’s Second Act Depends on Rewriting Yesterday’s Rules

For decades, there has been a strange paradox around nuclear power in America: a highly safe and reliable source of energy, yet extremely constrained by decades-old regulations. As America works to meet rising energy demands, technology is finally ready for a second act. The level of success depends heavily on our commitment to update rules made when rotary phones were all the rage.

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Nuclear’s first act was remembered by behemoth, custom-built reactors designed in the 60s and 70s. These reactors delivered constant and affordable energy for decades, yet also carried steep upfront costs, lengthy build timelines, and rigid regulations. Those systems worked back then, but no longer apply to what we need today.

Small modular reactors (SMRs) and newer designs are fundamentally different machines from the ones of old. They’re smaller, factory-manufactured, and often use fuels and various systems that significantly reduce or outright eliminate the risks regulators were concerned with at that time. In fact, the existing fleet of reactors have operated for decades with an incredible and reliable safety record, this track record proves to us the nuclear technology can be managed reliably. Some systems shut down passively without human intervention. Others can recycle fuel, minimize waste, and work alongside wind and solar.

From a regulatory standpoint, SMRs are still treated as the same machines as before, even though there are stark differences. The Nuclear Regulatory Commission (NRC), considered the gold standard for safety oversight, is bound by rules written when the only nuclear plants were massive, bespoke facilities. These rules cover every single aspect of a reactor’s life, including: design, maintenance, and decommissioning. The Trump administration also took action via executive order.  These misconceptions cause costly delays that stall the very technologies we need most.

Think about this: a reactor the size of a shipping container, engineered with built-in safety features, is subject to the same regulatory process as facilities the size of skyscrapers. This moves us further away from modular assembly. Environmental reviews get stretched out and delayed for years, sometimes decades, even when the technology has been tested. Facilities that are meant to cut costs and save money are still built on the foundation of decade-long construction timelines.

This assessment isn’t a knock on the NRC’s goals or mission. Instead, it’s an acknowledgement that we’ve tasked an agency to regulate 21st-century technology with 20th-century tools.

Thankfully, there is growing momentum for change. In a rare turn of events, nuclear energy has true bipartisan support. Democrats view advanced nuclear power as an opportunity to address climate change without straining the grid. Republicans believe nuclear power is a pathway for America to lead globally in energy and to create reliable power. Governors and state legislatures across the country have passed laws opening the door for advanced reactors.

We have even seen movement in Congress. Recently, there have been bills that are pushing the NRC toward modernization and more efficient review processes. The reality is that while these are significant steps in the right direction, they are modest compared to what is really needed. If America is serious about unleashing next-gen nuclear within the next decade, incremental changes won’t be enough. What is needed is a regulatory paradigm specifically designed for today’s technology.

To make that a reality, it means adopting ideas such as accelerating environmental reviews without compromising rigor, enabling factory production, and ensuring the NRC has the personnel and resources needed to evaluate and test new ideas efficiently while maintaining independence.

There is so much that is at stake. Without modernization, advanced nuclear power will remain in demonstration mode, keeping America behind the 8-ball while the rest of the world advances. With modernization, America could unleash a surge of clean and reliable power. 

Nuclear’s second act is well within reach. The technology is at our fingertips, and bipartisan support exists. The only thing that is missing is the political will to rewrite yesterday’s rules so that tomorrow’s reactors can finally come online today.

The views and opinions expressed are those of the author’s and do not necessarily reflect the official policy or position of C3.

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