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WASHINGTON, D.C. – America First Legal (AFL) has filed a landmark petition on behalf of the State of Florida and Last Energy, Inc., urging the Nuclear Regulatory Commission (NRC) to unleash American energy, curb bureaucratic overreach, and lower costs for the American people. AFL’s petition asks the NRC to declare that Last Energy’s advanced nuclear reactor design is not subject to NRC licensing under the Atomic Energy Act of 1954 (AEA).
Innovative, clean, and American-made energy is critical to our nation. Despite this, the NRC is blocking energy deployment through burdensome, costly licensing requirements that exceed its statutory authority.
The NRC itself has acknowledged, in principle, that a design like Last Energy’s pressurized water reactor (PWR) satisfies the public safety objectives of the AEA. Yet the NRC continues to stall the deployment of Last Energy’s lower-risk technology.
The Atomic Energy Act of 1954 limits the NRC’s authority to facilities that create nuclear material “in such quantity as to be of significance” to national security or public health and safety. The NRC has never defined this threshold, and Last Energy’s PWR design would not meet it even if it had.
AFL’s petition highlights that President Trump’s Executive Order 14300, “Ordering the Reform of the Nuclear Regulatory Commission,” directs the NRC to reduce unnecessary regulatory burdens and facilitate nuclear innovation — not hinder it. The NRC’s refusal to confirm the AEA’s non-applicability here conflicts with both the statute’s text and the Trump Administration’s deregulatory mandates.
AFL’s petition further emphasizes how this overreach carries real consequences for states like Florida, which faces growing energy demands driven by rapid population growth. The State of Florida is ready and willing to exercise its sovereign authority to regulate the safe and efficient deployment of Last Energy’s pressurized water reactors. A declaratory order from the NRC stating the obvious, that Last Energy’s design is not subject to NRC licensing, is the only path forward.
“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.”
“Nuclear energy is the safest and cleanest 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 Florida 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.”
America First Legal will continue to fight for American innovation and defend the rule of law by holding federal agencies accountable to the Constitution.
Read the full petition here.
Read more about our efforts on this matter here.
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