NIA submitted a comment on the proposed Nuclear Regulatory Commission Modernization: Rulemaking Procedure, Federal Advisory Committee Act (FACA) Alignment, Access, and Security rule issued on August 11, 2025.
NIA has a concern about the proposed rule and the long-term implications. The final rule would revise a procedural requirement related to post-promulgation comment periods. Under current rules, it is mandatory for NRC to have a 30-day public comment period after it promulgates a rule. The proposed change would allow NRC to forgo the comment period at its discretion. NRC cites the mandatory provision as an unnecessary administrative burden.
The proposed rule aims to align the NRC with the U.S. government-wide FACA regulations. If this change is implemented, the NRC needs to ensure there is no conflict with the specific statutory requirements for ACRS in the Atomic Energy Act (AEA). NIA agrees that administrative work does not need to be subject to notice and open meeting requirements and is supportive of this efficiency improvement. However, NIA recommends that NRC more clearly define the line between preparatory activities and substantive discussion to ensure that the ACRS’s collective deliberations remain open to the public.