- Florida AG James Uthmeier and Last Energy, Inc. filed a petition with the Nuclear Regulatory Commission (NRC) seeking a declaratory order stating that the licensing requirements under the Atomic Energy Act of 1954 are inapplicable to Last Energy’s nuclear reactors.
- In the petition, the AG and Last Energy argue that Last Energy’s pressurized water reactor design, engineered to isolate radiohazards and operate at levels indistinguishable from naturally occurring background radiation, does not constitute a “utilization facility” requiring licensure because the design does not involve the use of special nuclear material in quantities or manners to affect security or public safety and health, and that a determination to the contrary violates the Small Business Regulatory Enforcement Fairness Act, under which Last Energy is afforded protections against regulatory burdens.
- The petition requests declaratory relief and that the NRC accept and docket the petition and provide notice and opportunity for public comment as the NRC sees fit.