RIS 2025-04, Interactions Between the NRC and the NRC Stakeholders During a Lapse of Agency Appropriations

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Interactions Between the NRC and the NRC Stakeholders During a Lapse of Agency Appropriations
ML25272A004
Person / Time
Issue date: 10/01/2025
From: Shana Helton, Philip Mckenna
Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
To:
References
RIS 2025-04
Download: ML25272A004 (4)


ML25272A004 UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

WASHINGTON, DC 20555-0001

October 1, 2025

NRC REGULATORY ISSUE SUMMARY 2025-04 INTERACTIONS BETWEEN THE NRC AND NRC STAKEHOLDERS

DURING A LAPSE OF AGENCY APPROPRIATIONS

ADDRESSEES

All U.S. Nuclear Regulatory Commission (NRC) licensees, certificate holders, permit holders, and applicants; all Agreement and non-Agreement States and State Liaison Officers; and other interested stakeholders.

INTENT

The NRC is issuing this regulatory issue summary (RIS) to inform addressees about how to communicate and interact with the NRC during the Federal Government shutdown. The NRC

will notify addressees once the NRC resumes normal operations. This RIS requires no action or written response on the part of an addressee; however, the NRC expects addressees to share this information with their employees and contractors so that they understand that the NRC is still able to receive safety and security concerns or incidents involving fraud, waste, or abuse by an NRC employee or contractor through the hotlines identified on NRC Form 3.1

BACKGROUND INFORMATION

The NRC protects public health and safety and advances the nations common defense and security by enabling the safe and secure use and deployment of civilian nuclear energy technologies and radioactive materials through efficient and reliable licensing, oversight, and regulation for the benefit of society and the environment. NRC regulation affects a variety of facilities, including nuclear power plants, fuel manufacturers, industrial facilities, and academic and medical facilities, among others. It is important to note that the primary responsibility for safety and security rests with the licensees. Through its oversight processes, the NRC ensures that licensees discharge this responsibility correctly. During any Federal Government shutdown, the NRC will continue to do so.

On October 1, 2025, the Federal Government, apart from excepted functions, shut down, and many civilian Federal employees were furloughed.2

1 https://www.nrc.gov/reading-rm/doc-collections/forms/nrc3info.html

2 A furlough is the placement of an employee in a temporary nonduty, nonpay status because of lack of work or funds, or other nondisciplinary reasons.

Addressees

can find additional information concerning Federal Government furloughs at http://www.opm.gov/policy-data-oversight/pay-leave/furlough-guidance.

SUMMARY OF ISSUE

S

The NRC has initiated efforts for reduced levels of operations. The NRC has some appropriations for performing high priority activities, such as operator licensing, time sensitive licensing actions, and activities related to recent executive orders, with a core group of employees. When NRC appropriations no longer support other high priority activities, the NRC

plans to operate at a reduced level for some period of time and to begin a minimal maintenance and monitoring mode in which the NRC will continue to carry out its responsibility to protect public health and safety. A small core of preidentified employees, including the resident inspectors and Headquarters Operations Officers, will remain on duty to monitor licensee activities and carry on the minimum activities necessary to protect public health and safety and provide essential services.

NRC functions that will continue during the entire length of the Federal Government shutdown include (1) the receipt and processing of preshipment notifications and receipt and assessment of licensee event notifications through the NRC Operations Center, (2) review and analysis of potential security threats, (3) response to emergencies and assembling of teams for incident response, (4) oversight at nuclear power plants and fuel cycle facilities by resident inspectors,

(5) processing and approval of enforcement orders, (6) receipt, assessment, and response to safety or security allegations, and initiation of investigations,3 (7) processing of emergency licensing actions, and (8) international liaison, including with other U.S. Government agencies or foreign nations to address export and import, international safeguards, and other matters.

Additional staff will be summoned as needed in the event of an incident, emergency, or urgent safety issue, such as actual emergencies at NRC-licensed facilities, emergency technical specifications change requests, or notice of enforcement discretion. These employees would return as excepted employees during a Federal Government shutdown.

Irrespective of the NRCs operating status, licensees must comply with all applicable requirements and license conditions.

Addressees

should promptly communicate to the NRC,

through the contact listed below, impacts of the Federal Government shutdown on the licensees ability to comply. Examples of such addressees include Federal licensees whose operations are affected and Agreement State licensees seeking reciprocity approval to work in NRC-regulated jurisdictions.

During a minimal maintenance and monitoring mode, addressees with urgent business with the NRC can contact the agency at 301-415-7000, and an NRC staff member will direct your call to the appropriate NRC employee who is on duty and can assist you. Licensees should continue to make all required notifications to the NRC through the NRC Operations Center at

301-816-5100.

BACKFIT AND ISSUE FINALITY DISCUSSION

The staff is not imposing on licensees any new or changed positions or regulatory requirements that constitute backfitting, as defined in Title 10 of the Code of Federal Regulations

(10 CFR) 50.109(a)(1), or a violation of any of the issue finality provisions in 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants, nor is it proposing new or changed guidance that should be regarded as backfitting under Commission and Executive Director for Operations guidance. No action is required on the part of any licensee.

3 The NRC will respond to or investigate issues of immediate safety or security significance, reports of wrongdoing by NRC licensees, applicants for licenses, or licensees contractors and vendors. Consequently, the staff did not perform a backfit analysis or otherwise prepare any documentation addressing issue finality criteria.

FEDERAL REGISTER NOTIFICATION

The NRC did not publish a notice of opportunity for public comment on this RIS in the Federal Register because it pertains to an administrative aspect of the regulatory process.

CONGRESSIONAL REVIEW ACT

This RIS is not a rule as defined in the Congressional Review Act (5 U.S.C. §§ 801-808).

PAPERWORK REDUCTION ACT STATEMENT

This RIS does not contain any information collection requirements and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

PUBLIC PROTECTION NOTIFICATION

The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid Office of Management Budget control number.

CONTACT

S

Please direct any questions about this matter to the contact listed below.

/RA/

/RA/

Shana Helton, Director Philip McKenna, Acting Director Division of Fuel Management Division of Reactor Oversight Office of Nuclear Material Safety Office of Nuclear Reactor Regulation and Safeguards

/RA/

Dafna Silberfeld, Acting Director Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards

Technical Contact:

Brian Benney, NRR

301-415-2767

E-mail: Brian.Benney@nrc.gov

ML25272A004 *via e-mail

OFFICE

NRR/DRO/IOE

B/PM

Tech Editor (QTE)*

OE

NRR/PMDA

NRR/DRO/LA

NRR/DRO/IOEB/

BC

NAME

BBenney KAzariah-Kribbs BPham LHill IBetts RSigmon

DATE

9/29/25

9/29/25

9/29/25

9/29/25

9/29/25

9/29/25

OFFICE

OGC*

OCIO

NMSS/DFM/D

NMSS/MSST/D

NSIR/D

NRR/DRO/D

NAME

BHarris DCullison SHelton DSilberfeld TInverso for KWilliams PMcKenna

DATE

10/01/25

9/29/25

9/29/25

9/29/25

9/29/25

10/01/25