Nuclear Regulatory Commission cuts hearing delays for contested reactor licensing

The Nuclear Regulatory Commission has finalised a sweeping rewrite of its rules of practice and procedure for contested licensing hearings, a step it says will let the agency generally complete adjudications within 11 to 13.5 months. The final rule, docket NRC–2025–1501 under RIN 3150–AL58, is published in the Federal Register of 3 November 2026 and takes effect on 3 December 2026, applying to contested adjudicatory proceedings noticed on or after that date.

The measure amends 10 CFR parts 2, 51, 52, 53 and 54 and is the Commission’s answer to two drivers it identifies in the preamble: the ADVANCE Act of 2024, signed in July 2024, and Executive Order 14300 of 23 May 2025, published at 90 FR 22587 on 29 May 2025. Section 5(j) of that order directs the agency to streamline its public hearing process; section 5(a) sets fixed deadlines of 18 months for a final decision on an application to construct and operate a new reactor and one year for a decision to continue operating an existing one; section 5(e) orders a process for high-volume licensing of microreactors and modular reactors.

The Commission concluded that its existing milestones in 10 CFR part 2 “would collectively exceed the timeframes specified in E.O. 14300,” and that the non-binding milestones “are sometimes exceeded in practice.” The rule is signed by Jody Martin, Secretary of the Commission, and dated 30 October 2026.

Three hearing tracks and strict deadlines

The final rule creates three labelled pathways and new definitions in § 2.4, replacing what the agency calls the existing one-size-fits-all approach:

• Standard Proceeding for applications on the 18-month review track, with a 135-day initial decision deadline under § 2.1207(a).
• Focused Proceeding for 12-month proceedings, with a 110-day initial decision deadline for contentions filed by the Standard Hearing Completion Date and 100 days thereafter.
• Expedited Proceeding for faster reviews, with a 65-day initial decision deadline, alongside an 80-day deadline for operating reactor transfer proceedings.

The Commission states the designations are not rigid and that it retains authority to move a proceeding to a faster track. Presiding officers must also set schedules that do not run past the staff’s own review date to the greatest extent practicable, and must start evidentiary hearings as soon as practicable after admitting contentions rather than waiting for staff review documents.

Shorter hearings, lighter discovery

The evidentiary hearing phase, which the agency says its model milestones envision at about nine months, will generally be limited to between 2 and 4.5 months, with 3.5 to 4.5 months the standard for most proceedings. The rule eliminates the hearing file requirement in § 2.1203, cuts the time for parties to produce initial disclosures to 20 days after an admission order, and excludes internal instant messages, text messages and voice messages from mandatory disclosure absent exceptional circumstances.

Stay litigation is also compressed: the deadline for seeking a stay of a presiding officer decision under § 2.342(a) falls from 10 days to 7, with a matching reduction in § 2.1213(c). Subpart M is eliminated, so license transfer proceedings are now conducted under subpart L.

What the NRC declined to adopt

Several proposed provisions were dropped after public comment:

• The proposed § 2.309(k) acceleration of merits filings, which the agency says would have shifted burden onto participants; deadlines were lengthened by 10 to 20 days to compensate.
• The proposal to accelerate decisions on standing.
• The proposed limits on representation by non-attorneys, which the Commission says it will not adopt.

The proposed rule was published on 3 March 2026 (91 FR 10450) with comments due 2 April 2026; the agency held a public meeting on 19 March 2026 and produced a separate comment response document. The NRC also cites related rulemakings, including the new 10 CFR part 53 framework (91 FR 15696, 30 March 2026) and changes to the mandatory hearing process (91 FR 20063, 15 April 2026). It certifies under the Regulatory Flexibility Act that the rule will not significantly affect a substantial number of small entities, noting reactor licensees are large organisations.

Cost case rests on a licensing surge

The regulatory analysis assumes up to nine new reactor applications per year for the next five years and 20 power reactor licence renewal applications between 2026 and 2030, producing roughly 15 licensing proceedings per year with hearing requests and about five evidentiary hearings. Over 2026–2030 the rule is projected to yield cumulative undiscounted net savings of $67.4 million, a net present value of $61.7 million at 3 percent and $55.2 million at 7 percent, or $13.5 million annualised. The agency estimates staff would spend 4,150 hours per contested proceeding and applicants 3,925 hours.

For operators and public-interest litigants alike, the practical effect is a narrower, faster window to file contentions, conduct discovery and be heard. Intervenors keep their standing rights, but the schedule now leaves less room for delay, and the Commission expects the shortened timelines to let two non-overlapping evidentiary hearings fit inside its 18-month and one-year decision goals.

Source: Federal Register, Vol. 91, No. 211, 3 November 2026, Rules and Regulations, p. 69446 (official reference: 2026–22443; Docket NRC–2025–1501, RIN 3150–AL58).