Attorney General James Uthmeier Petitions Nuclear Regulatory Commission, Seeks to Advance Emerging Nuclear Technology in Florida

TALLAHASSEE, Fla.—Attorney General James Uthmeier filed a petition with the Nuclear Regulatory Commission (NRC) seeking a declaratory order to clarify that small-scale, low-risk nuclear reactors like those developed by Last Energy, Inc. fall below federal regulatory concern and should therefore not require full NRC licensure to move forward with operations.

“Nuclear energy is the safest and most efficient form of baseload power generation. Yet, for 70 years, the unaccountable Nuclear Regulatory Commission's red tape has prevented innovation and blocked attempts to make safe, affordable nuclear energy available to more Americans,” said Attorney General James Uthmeier. “It’s past time for the NRC to align with President Trump’s America First Agenda and unleash American energy dominance.”

“Our country urgently needs more energy, and bureaucracy stands in the way,” said Gene Hamilton, President of America First Legal. “The NRC should curb its overreach, follow the law, and allow clean, American-made nuclear innovation to deliver reliable energy at a lower cost for the American people.”

“This proposition is low-risk, high-reward in more ways than one. It is time for the NRC to respect the boundaries placed on it by Congress and cede this regulatory authority to states like Florida to move forward with affordable, clean energy solutions,” said Emily Percival, Senior Counsel at America First Legal. “A declaration releasing Last Energy from these requirements would signal a step forward toward a powerfully competitive market for innovative energy solutions.”

The petition asks the NRC to confirm that Last Energy’s compact micro-reactors, which are designed to operate with negligible risk, do not meet the statutory definition of a utilization factory under the Atomic Energy Act. The petition goes on to explain that these reactors are specifically engineered to fully contain nuclear material, emit radiation levels indistinguishable from background radiation, and eliminate risks typically associated with large-scale nuclear facilities.

The document emphasizes that the Atomic Energy Act limits NRC licensing authority to nuclear facilities that present significant risks to public health or safety. Due to Last Energy’s micro-reactors falling well below that threshold, the one-size-fits-all NRC regulatory process only serves to undermine innovation and economic growth.

To read the petition in full, click here.

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