Launch the Next Nuclear Corps for a More Flexible Nuclear Regulatory Commission
The Nuclear Regulatory Commission (NRC), the Nation’s regulator of civilian nuclear technologies, should shift agency staff, resources, and operations more flexibly based on emergent regulatory demands. The nuclear power industry is demonstrating commercialization progress on new reactor concepts that will challenge the NRC’s licensing and oversight functions. Rulemaking on new licensing frameworks is in progress, but such regulation will fall short without changes to the NRC’s staffing. Since the NRC is exempt from civil service laws under the Atomic Energy Act (AEA) of 1954, the agency should use AEA flexible hiring authorities to launch the Next Nuclear Corps, a staffing program to shift capacity based on emergent, short-term workforce needs. The NRC should also better enable hiring managers to meet medium-term workforce needs by clarifying guidance on NRC’s direct hire authority.
Challenge and Opportunity
Policymakers, investors, and major energy users, such as data centers and industrial plants, are interested in new nuclear power because it promises unique value. New nuclear power technologies could add either additional base load or variable power to electrical systems. Small modular or micro reactors could provide independent power to military bases, many of which are connected to power grids and vulnerable to disruption. Local governments can stimulate economies with high-paying and safe jobs at nuclear plants. The average nuclear power plant also has the lowest lifecycle greenhouse gas emissions compared to other available electricity-generating technologies, including wind, solar, and hydropower. Current efforts to expand nuclear power are different from those of the 1970s and 1980s, the most recent decades of significant building. Proposals today include building plants designed similarly to plants of those decades or even restarting power operations at up to three closed plants; but more activity is focused on commercializing advanced and small modular reactors, diverse concepts incorporating innovations in reactor design, fuel types, and safety systems. The government has partnered with private companies to develop and demonstrate advanced reactors since the inception of nuclear technology in the 1950s, but today several companies demonstrate advanced technical and business progress toward commercialization.
Innovation in nuclear power challenges the NRC’s status-quo approaches to licensing and oversight. Rulemaking on new regulatory frameworks is necessary and in progress, but changes to the agency’s staffing and operations are also needed. Over time, Congress, the President, and the Commission itself have adjusted the agency’s operations in response to shifts in international postures, comprehensive national energy plans, and accidents or emerging threats at nuclear plants, but the NRC’s ability to respond to sudden changes in the nuclear industry is a long-standing challenge. To become more flexible, NRC initiated Project Aim in 2014 after expectations of significant industry growth, spurred in part by tax incentives in the Energy Policy Act of 2005, were not realized due to record-low natural gas prices. More recent assessments from the Government Accountability Office (GAO) and NRC Office of Inspector General (OIG) acknowledge the challenge of workload forecasting in an unpredictable nuclear industry, but counterintuitively, some recommendations focus on improving the ability to workforce plan two years or more in advance. Renewed expectations of growth, spurred by interest from policymakers and energy customers, reinforces a point from the 2015 Project Aim final report that, “…effectiveness, efficiency, agility, flexibility, and performance must improve for the agency to continue to succeed in the future.”
Congress also called on the NRC to become more responsive to current developments as expressed in legislation enacted with bipartisan support. Across the Fiscal Responsibility Act of 2023 and the ADVANCE Act of 2024, Congress requires the NRC to update its mission statement to better reflect the benefits of civilian nuclear technology, establish regulatory frameworks for new technology, streamline environmental review, incentivize licensing of advanced nuclear technologies, and position itself and the United States as a leader in civilian nuclear power. Meeting expectations requires significant operational and workforce changes. Since NRC is exempt from civil service laws and operates an independent competitive merit system, widespread changes to the agency’s hiring practices will be determined by future Commissioners, including the President’s selection of Chair (and by extension, the Chair’s selection of the Executive Director for Operations (EDO)), and modifications to agreements between the NRC and the Office of Personnel Management (OPM). In the meantime, NRC is well equipped to increase hiring flexibility using authorities from existing law and regulations.
Plan of Action
Recommendation 1. The NRC EDO should launch the Next Nuclear Corps, a staffing program dedicated to shifting agency capacity based on short-term workforce needs.
The EDO should hire a new director to lead the Corps. The Corps director should report to the EDO and consult with the Office of the Chief Human Capital Officer (OCHCO) and division heads to develop Corps positions to address near-term priorities in competency areas that do not require in-depth training. Near-term priorities should be informed by the NRC’s existing yearly capacity assessments, but the Corps director should also rely on direct expertise and insights from branch chiefs who have a real-time understanding of industry activity and staffing challenges.
Recommendation 2. Hiring for the Corps should be executed under the special authority to appoint directly to the excepted service under 161B(a) of the Atomic Energy Act (AEA).
The ADVANCE Act of 2024 created new categories of hires to fill critical needs related to licensing, oversight, and matters related to NRC efficiency. The EDO should execute the Corps under the new authorities in section 161B(a) of the AEA as it provides clear direction and structure for the EDO to make personnel appointments outside of the NRC’s independent competitive merit system described in Management Directive 10.1. 161B(a)(A) provides up to 210 hires at any time and 161B(a)(B) provides up to 20 additional hires each fiscal year which are limited to a term of four years. The standard service term should be one year as near-term workforce needs may be temporary because of the nature of the position or uncertainty in future demand.
The EDO should adopt the following practices to allow renewals of some positions from the prior year without reaching the limits described in the AEA:
- 161B(a)(A): Appoint up to 140 new staff each fiscal year and consider staggering appointments to address capacity needs that arise later in the year. After the initial one-year term, up to half of the positions should be eligible for a one-year renewal if the need continues. After the initial cohort off-boards, an additional 140 new staff should be appointed alongside up to 70 renewed staff from the prior cohort without exceeding the maximum of 210 appointments at any time.
- 161B(a)(B): Appoint up to 20 new staff each fiscal year and consider staggering appointments to address capacity needs that arise later in the year. All positions should be eligible for a one-year renewal for up to three additional years if the need continues.
Recommendation 3. The EDO should update Management Directives 10.13 and 10.1 to contain or reference the standard operating procedure for NRC’s mirrored version of OPM’s Direct Hire Authority.
The proposed Corps addresses emergent, short-term capacity needs, but internal policy clarity is needed to solve medium-term hiring challenges for hard-to-recruit positions. As far back as 2007, NRC hiring managers and human resources reported that DHA was highly desired for hiring flexibility. The NRC OIG closed Recommendation 2.1 from Audit of the U.S. Nuclear Regulatory Commission’s Vacancy Announcement Process in June 2024 because NRC updated Standard Operating Procedure for Direct Hire Authority with more details. However, management directives are the primary policy and procedure documents that govern the NRC’s internal functions. The EDO should update management directives to formally capture or reference this procedure so that NRC staff are better equipped to use DHA. Specifically, the EDO should:
- amend Management Directive 10.13 Special Employment Programs to add Section IX. Direct Hire Authority, that formalizes the procedure in the Standard Operating Procedure for Direct Hire Authority
- update Management Directive 10.1, Section I.A. to reference the amended Management Directive 10.3 as the general policy for non-competitive hiring
Conclusion
The potential of new nuclear power plants to meet energy demand, increase energy security, and revitalize local economies depends on new regulatory and operational approaches at the NRC. Rulemaking on new licensing frameworks is in progress, but the NRC should also use AEA flexible hiring authorities to address emergent, short-term workforce needs that may be temporary based on shifting industry developments. The proposed Corps structure allows the EDO to quickly hire new staff outside of the agency’s competitive merit system for short-term needs while preserving flexibility to renew appointments if the capacity needs continue. For permanent hard-to-recruit positions, the EDO should clarify guidance for hiring managers on direct hire authority. The NRC is well equipped with existing authorities to meet emergent regulatory demand and renewed expectations of nuclear power growth.
This action-ready policy memo is part of Day One 2025 — our effort to bring forward bold policy ideas, grounded in science and evidence, that can tackle the country’s biggest challenges and bring us closer to the prosperous, equitable and safe future that we all hope for whoever takes office in 2025 and beyond.
The Corps director should create positions informed by the expertise and insights from agency leaders who have a real-time understanding of industry activity and present staffing challenges. Positions should cover all career levels and cover competency areas that do not require in-depth internal training or security clearances. The Corps should fill new positions created for special roles in support of other staff or teams, such as special coordinators, specialists, and consultants.
The Corps is not a graduate-level fellowship or leadership development program. The Corps is specifically for short-term, rapid hiring based on emergent capacity needs that may be temporary based on the nature of the need or uncertainty in future demand.
The Corps structure includes flexibility for a limited number of renewals, but it is not intended to recruit for permanent positions. Supervisors and hiring managers could choose to coordinate with the OCHCO to recruit off-boarding Corps members to other employment opportunities.
The Corps director can identify talent through existing NRC recruiting channels, such as job fairs, universities, and professional associations, however, the Corps director should also establish new recruiting efforts through more competitive channels. Because the positions are temporary, the Corps can recruit from more competitive talent pools, such as talent seeking long term careers in private industry. Job seekers with long-term ambitions in the private nuclear sector and the NRC could both benefit from a one- or two-year period of service focused on a specific project.
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