The Nuclear Regulatory Commission (NRC) is the US federal commission that licenses and regulates civilian nuclear reactors, materials, and waste under the Atomic Energy Act. Established in 1975 as an independent agency, it is led by up to five commissioners appointed by the president and confirmed by the Senate. The NRC has become a consequential AI-policy actor because the data-center buildout has made new nuclear capacity — especially small modular reactors and microreactors — a favored power source for AI compute, placing NRC licensing speed at the center of federal AI-infrastructure policy (Nuclear PPAs for AI, Data Center Siting / AI Power Politics).
Mandate and structure
The NRC's statutory mandate under the Atomic Energy Act is to provide reasonable assurance of adequate protection of public health and safety, promote the common defense and security, and protect the environment in the civilian use of nuclear materials (Source: oag.ca.gov). Its major functions include reactor licensing (construction permits, operating licenses, design certifications), oversight of operating plants, and rulemaking on reactor safety.
Microreactor licensing rule (2026)
On May 1, 2026, the NRC proposed a new licensing framework — a new 10 CFR Part 57 — establishing a risk-informed, performance-based, and expedited process for licensing "microreactors and other reactors with comparable risk profiles," defined by radiological risk level and the amount of nuclear fuel stored on site; the rule would also allow manufacturers to mass-produce approved microreactor designs (Source: federalregister.gov; bdlaw.com). Microreactors are typically defined as reactors under 20 MW that are compact and transportable, and the rulemaking implements Executive Order 14300, which directed a wholesale revision of NRC regulations (Source: oag.ca.gov). Politico reported the rule is aimed at getting small advanced reactors deployed for data centers, the military, and disaster relief (Source: subscriber.politicopro.com).
State opposition
In a comment letter submitted June 15–16, 2026, a coalition of Democratic attorneys general — California's Rob Bonta joined by Delaware, Illinois, Maryland, Massachusetts, New Mexico, Oregon, Vermont, Washington, and the District of Columbia — urged the NRC to withdraw the proposed rule, arguing it violates the National Environmental Policy Act and the Administrative Procedure Act by skirting environmental analysis of "largely untested and experimental" reactor designs, and that it would compromise states' ability to protect residents and natural resources (Source: oag.ca.gov). Coverage of the comments characterized them as previewing a legal battle over the microreactor plan (Source: insideaipolicy.com).
Independence after Trump v. Slaughter
In Trump v. Slaughter (June 29, 2026), the Supreme Court overruled Humphrey's Executor and held that for-cause removal protections for FTC commissioners are unconstitutional. Justice Sotomayor's dissent named the NRC among the independent commissions "now likely to become purely executive agencies" as a result (Source: scotusblog.com). Presidential at-will control over NRC commissioners would bear directly on how contested licensing initiatives such as the microreactor rule are resolved.
Relationships
- related: Nuclear PPAs for AI — nuclear power purchase agreements for AI data centers depend on NRC-licensed capacity
- related: Data Center Siting / AI Power Politics — reactor siting and licensing as a data-center-buildout constraint
- related: Trump v. Slaughter — removal-power ruling affecting the commission's independence
- related: Department of Energy (DOE) — sibling federal actor in nuclear-energy policy for AI compute