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Recent Nuclear Executive Orders to Accelerate US Nuclear Renaissance
Tuesday, June 3, 2025

The four (4) nuclear energy Executive Orders issued on Friday, May 23, 2025 (Nuclear EOs), set out a 25-year whole-of-government plan for further development and successful deployment of US nuclear technology—both domestically and internationally, and addressing the full scope of the nuclear industry (licensing, fuel life cycle, reactor technology, supply chain, workforce, spent fuel and waste disposal, financing and international agreements)—ultimately culminating in 400 GW of US nuclear energy capacity by 2050.

The volume of required actions illustrates the Trump Administration’s drive to launch a US nuclear renaissance. Within the first 90 days, the Nuclear EOs address establishing domestic fuel supply, regulatory overhauls, fast-tracking reactor deployments utilizing Department of Defense (DOD) and Department of Energy (DOE) jurisdiction, authorizing financial support via US Export-Import Bank (US Ex-Im), agency finance institutions and multilateral banks, and employing diplomatic tools to promote the US nuclear industry. This article highlights key required activities on a year-by-year basis, along with supporting activities to be undertaken in parallel, followed by a comprehensive timeline of all activities and achievements required by the Nuclear EOs.

Required Activities for 2025

The Nuclear EOs mandate the following key activities and achievements for the remainder of 2025:

  • designating one or more sites owned or controlled by DOE in the United States for deployment of advanced nuclear reactor technology;
  • utilizing the Defense Production Act and developing a plan to accelerate the development of low enriched uranium (LEU) and high assay low enriched uranium (HALEU) capabilities and to address management of spent fuel;
  • reforming DOE’s National Environmental Policy Act (NEPA) compliance regime, including determining DOE functions that should not be subject to NEPA;
  • expediting intergovernmental agreements on nuclear energy and the fuel supply chain with potential export countries;
  • promoting adherence to the Convention on Supplemental Compensation for Nuclear Damage (CSC);
  • directing all executive departments and agencies that provide educational grants to prioritize investment in nuclear engineering and other nuclear energy-related careers; and
  • leveraging agency finance capabilities toward providing financing for deployment of American nuclear technology.

Required Activities for 2026

The Nuclear EOs mandate the following key activities and achievements for calendar year 2026:

  • creating a comprehensive report relating to safe management of spent fuel, including storage, transport, recycling and reprocessing capabilities, and permanent storage;
  • wholesale review and revision by the Nuclear Regulatory Commission (NRC) of its regulations and guidance, and issuance of final rules in respect of the same, including a maximum 18-month final decision deadline for applications to construct and operate new reactors and a maximum 12-month final decision deadline for applications to extend operating licenses for existing reactors; and
  • submitting recommendations for legislative proposals and regulatory actions regarding placement of advanced nuclear reactors on military installations.

 Required Activities from 2027 through 2050

The Nuclear EOs mandate the following key activities and achievements within the years 2027 through 2050:

  • November 2027: Beginning operation of an advanced nuclear reactor at a DOE-owned or controlled site for the purpose of powering AI infrastructure, other critical or national security needs or on-site infrastructure;
  • September 2028: Beginning operation of a nuclear reactor at a domestic military base or installation;
  • January 2029: Completing negotiations of at least 20 new 123 Agreements;
  • within calendar year 2030: Facilitating 5 GW of uprates to existing reactors and commencement of construction of at least 10 new, large reactors with complete designs;
  • May 2035: Completing re-negotiation of all 123 Agreements originally set to expire by May 2035; and
  • within calendar year 2050: Achieving 400 GW of US nuclear energy capacity in operation.

Additional Parallel Activities

In addition to the activities noted above, the Nuclear EOs also require other substantive activities to be undertaken by the NRC, DOE, DOD and Department of State (DOS) on an ongoing basis. We have included another chart below, following the detailed, comprehensive timeline, that lists these parallel activities. These activities range from right-sizing headcounts to continuing regulatory overhauls (particularly within the NRC, as well as environmental regulatory regimes), developing a HALEU fuel bank, expediting decisions on technology transfer export authorization requests, prioritizing issuance of security clearances and supporting diplomatic efforts via 123 Agreements.

Conclusion

The scope and volume of required activities and multi-agency effort under these Nuclear EOs underscore the priority the administration is placing on the accelerated development and deployment of US nuclear technology. As mentioned, we have set out below a comprehensive timeline and list of all activities required by the Nuclear EOs, on a year-by-year and agency-by-agency basis. Hunton plans to issue a series of articles providing more in-depth review and discussion of impacts to the US nuclear industry. We will also continue to monitor any further nuclear energy-related Executive Orders and impacts from pending and newly passed legislation, including impacts to currently available tax credits for the nuclear industry under proposed amendments to the Inflation Reduction Act. 

Timeline of Required Activities and Achievements for Calendar Year 2025
By June 2025

 

DOE to utilize authority delegated by President under the Defense Production Act to seek voluntary agreements with domestic nuclear energy companies for cooperative procurement of low-enriched uranium (LEU) and high assay, low-enriched uranium (HALEU), prioritizing agreements with companies that have achieved objective milestones (e.g., DOE-approved conceptual safety design reports, ability to privately finance their fuel, demonstrated technology capability), including:

  • consultation on management of spent nuclear fuel, including recycling and reprocessing
  • establishing consortia and plans of action to ensure availability of nuclear fuel supply chain, with DOE-provided procurement support, forward contracts or guarantees to consortia to ensure offtake for newly established domestic fuel supply

DOE to reform its rules governing compliance with National Environmental Policy Act (NEPA), including determining which DOE functions are not subject to NEPA

By July 2025 DOE to issue guidance on what counts as a ‘qualified test reactor’
By August 2025

 

DOE to:

  • revise regulations, guidance, procedures and practices of DOE, the National Labs and other entities under DOE’s jurisdiction to significantly expedite review, approval and deployment of advanced reactors under DOE’s jurisdiction
  • designate one or more sites owned/controlled by DOE in the US for use and deployment of advanced nuclear reactor technology
  • identify all useful uranium or plutonium material within DOE inventories that could be recycled or processed into nuclear fuel for reactors in the US
  • update DOE’s excess uranium management policy, prioritizing contracting for development of fuel fabrication facilities that demonstrate feasibility to supply fuel to qualified test reactors or pilot program reactors within three years

Director of Office of Science and Technology Policy and Assistant to President for Economic Policy to determine a strategy to address:

  • optimizing value of US International Development Finance Corporation (DFC) to provide equity and other financing for American nuclear technology
  • expanding US Trade & Development Agency (USTDA) grant financing to US nuclear technology pilots, fuel supplies, project preparation to recently graduated high income economies of national strategic interest
  • leveraging US Ex-Im and other relevant agencies to increase financing for projects utilizing US civil nuclear technology exports
  • holding trade missions and reverse trade missions, leveraging other trade promotion tools to remove trade barriers and increase market competitiveness of the US nuclear industry
  • achieving competitive parity in the global market for high-level advocacy and representation from the Federal Government to foreign governments of potential import countries on nuclear-related bilateral issues, focusing on countries with highest probability of nuclear deployment within next four years

Treasury to determine a strategy that:

  • leverages US participation in multilateral development banks to support client country access to financial and technical assistance for generation and distribution of nuclear energy and reliable fuel supply
  • supports assistance at relevant institutions to make financial support available on competitive terms, strengthen capacity to assess, implement and evaluate nuclear energy projects, and support adoption of nuclear energy technologies and fuel supply chains of same or greater quality standards of the US or countries allied with the US

Department of State (DOS) to implement program to enhance global competitiveness of American nuclear suppliers, investors and lenders to compete for nuclear projects around the globe, including:

  • expediting conclusion of intergovernmental agreements on nuclear energy and fuel supply chain with potential export countries
  • promoting broad adherence to the Convention on Supplementary Compensation for Nuclear Damage (CSC)
  • identifying statutory and regulatory burdens on exports of American nuclear technology, fuel supplies, equipment and services not addressed by Executive Orders and recommend remedial action
  • encouraging favorable decisions by potential import countries on use of American nuclear technology, fuel supplies, equipment and services
By September 2025

 

DOE to develop a plan to expand domestic uranium conversion capacity and enrichment capabilities to meet projected needs for LEU, highly enriched uranium (HEU) and HALEU

Department of Labor and Department of Education to increase participation in nuclear energy-related Registered Apprenticeships and Career and Technical Education programs

All executive departments and agencies that provide educational grants to consider nuclear engineering and other nuclear energy-related careers as priority area for investment

DOE to take steps to increase access to R&D infrastructure, workforce and expertise at DOE National Labs for (i) college and university students studying nuclear engineering and other nuclear energy-related fields and (ii) DOD personnel affiliated with nuclear energy programs

By November 2025

 

DOE to coordinate with Small Business Administration (SBA) to prioritize funding for qualified advanced nuclear technologies through grants, loans, investment capital, funding opportunities, etc., with priority to companies demonstrating largest degrees of design and technological maturity, financial backing and potential for near-term deployment
Timeline of Required Activities and Achievements for Calendar Year 2026
By January 2026

 

DOE to prepare a comprehensive report, providing (among other aspects):

  • recommended national policy on spent nuclear fuel and high level waste, development and deployment of advanced fuel cycle capabilities, and legislative changes needed to achieve these goals
  • program (including required legislation) to develop methods, technologies to transport used and unused advanced nuclear fuels and advanced nuclear reactors in safe, secure and environmentally sound manner
  • recommendations for permanent disposal of recycling and reprocessing waste, and for evaluating the same for isotopes of value to national security, or medical, industrial or scientific sectors prior to disposal
  • reevaluation of current and existing nuclear reprocessing, separation and storage facilities slated for decommissioning with potential value for fuel cycle and national security purposes if continued or increased

DOD, in coordination with DOE, to prepare and submit to Assistant to the President for National Security Affairs, recommendations for legislative proposals and regulatory actions regarding the distribution, operation, replacement and removal of advanced nuclear reactors and spent nuclear fuel on military installations

By February 2026

 

Nuclear Regulatory Commission (NRC) to complete wholesale review and revision of regulations and guidance, and issue a notice of proposed rulemaking, including:

  • maximum 18-month deadline for final decision on application to construct and operate a new reactor of any type
  • maximum 12-month deadline for final decision on application to extend operating license of existing reactor of any type
By July 2026

 

DOE to create a pilot program for reactor construction and operation outside the National Labs, and approve at least three reactors with the goal of achieving criticality for each by July 4, 2026
By November 2026 NRC to issue final rules and guidance to conclude its regulatory revision process
Timeline of Required Activities and Achievements for Calendar Years 2027 through 2050
By November 2027

 

DOE to begin operating an advanced nuclear reactor, following siting, approval and authorization of the design, construction and operation of privately funded advanced nuclear reactor technologies at DOE-owned or controlled sites for purpose of powering AI infrastructure, other critical or national security needs, supply chain items or on-site infrastructure
By September 2028

 

DOD to begin operating a nuclear reactor at a domestic military base or installation by September 30, 2028

  • DOE to provide technical advice on design, construction and operation of any advanced nuclear reactor on a military installation
  • DOS to provide advice on any international legal requirements or any needed modifications to international agreements or arrangements

DOD to prepare and submit recommendations for legislative and regulatory actions regarding distribution, operation, replacement and removal of advanced nuclear reactors and spent nuclear fuel on military installations

By January 2029 At least 20 new 123 Agreements negotiated
Within Year 2030 Facilitate 5 GW uprates to existing reactors and have ten new, large reactors with complete designs under construction
By May 2035 Completed re-negotiation of all 123 Agreements originally set to expire by May 2035
Within Year 2050 400 GW of US nuclear energy capacity in operation
Additional Required Parallel Activities
NRC
  • In consultation with the Department of Government Efficiency (DOGE), reorganize to promote expedited processing of license applications and adoption of innovative technology by undertaking reductions-in-force (although certain functions may increase in size, including those relating to new reactor licensing)
  • Create a dedicated team of at least 20 officials to draft new regulations
  • Reduce personnel and functions of Advisory Committee on Reactor Safeguards (ACRS) to minimum necessary to fulfill ACRS’ statutory obligations, with review of permitting and licensing to focus on issues that are truly novel or noteworthy
  • Adopt science-based radiation limits; reconsider reliance on the linear no-threshold (LNT) model for radiation exposure and “as low as reasonably achievable” standard
  • Revise NRC regulations governing NRC’s compliance with NEPA
  • Establish expedited pathway to approve reactor designs that DOD or DOE have tested and have demonstrated ability to function safely, focusing solely on risks that may arise from new applications permitted by NRC licensure
  • Establish process for high-volume licensing of microreactors and modular reactors
  • Establish stringent thresholds for circumstances in which NRC may demand changes to reactor design once construction is underway
  • Revise reactor oversight process, reactor security rules and requirements to reduce unnecessary burdens and be responsive to credible risks
  • Adopt revised, determinate and data-backed thresholds to ensure reactor safety assessments focus on credible, realistic risks
  • Reconsider regulations governing the time period of effectiveness of a renewed license, extending as appropriate based on available technological and safety data
  • Streamline public hearing process
DOE
  • Each time a substantially complete application for a qualified test reactor is submitted, establish a team to deconflict, oppose or approve the application and provide assistance to the applicant to ensure expeditious processing
  • Prioritize qualified test reactor projects for processing
  • Use all available authorities to eliminate or expedite DOE environmental reviews for authorizations, permits, approvals, leases and any other activity requested by an applicant or potential applicant, including determining which DOE functions are not subject to NEPA
  • Halt the surplus plutonium dilute and dispose program (except with respect to DOE’s legal obligations to South Carolina) and replace with a program to process surplus plutonium to make it available for the fabrication of fuel for advanced nuclear technologies
  • Initiate process for designating AI data centers that are located at or operated in coordination with DOE facilities and related electrical infrastructure as critical defense facilities
  • Release at least 20 metric tons of HALEU into a fuel bank for use by any private sector project authorized to construct and operate at a DOE-owned or controlled site and that is regulated by DOE for the purpose of powering AI and other infrastructure
  • Implement plans to ensure long-term supply of enriched uranium for continued operation of facilities powering AI data centers on DOE sites, including domestic fuel fabrication and supply chains to reduce reliance on foreign fuel sources
  • Coordinate with DOD to assess feasibility of restarting or repurposing closed nuclear power plants as energy hubs for military microgrid support, focusing on installations with insufficient power resilience or grid fragility
  • Approve or deny technology transfer export authorization requests within 30 days of receipt of a complete application and completion by DOE of required accompanying analysis (subject to extensions)
DOD
  • Establish program for utilization of nuclear energy at military installations for both installation energy and operational energy
DOE and DOD, together
  • Site, approve and authorize the design, construction and operation of privately-funded nuclear fuel recycling, reprocessing and reactor fuel fabrication technologies at sites controlled by DOE or DOD for purpose of fabricating fuel forms for use in national security reactors, commercial power reactor, and non-power research reactors
  • With respect to NEPA, consult with Chairman of Council on Environmental Quality regarding:
    • applying DOE and DOD categorical exclusions, adopting other executive departments and agencies’ exclusions and establishing new categorical exclusions for construction of advanced nuclear reactor technologies on Federal sites within the US for purposes of implementing the Nuclear EOs
    • utilizing other agencies’ emergency and other permitting procedures for the siting and construction of advanced nuclear reactor technologies
    • developing alternative arrangements for compliance with NEPA in emergency situations
  • Prioritize issuance of DOE and DOD security clearances to support rapid distribution and use of nuclear energy and fuel cycle technologies
Department of State
  • Fully leverage resources of the Federal Government to promote the US nuclear industry in development of commercial civil nuclear projects globally
  • Lead diplomatic engagement and negotiations for new 123 Agreements
  • Aggressively renegotiate 123 Agreements set to expire by May 2035
  • Lead engagement with Congress regarding progress and reporting of negotiating 123 Agreements
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