PolicyBrief
H.R. 4136
119th CongressJun 25th 2025
NRC Office of Public Engagement and Participation Act of 2025
IN COMMITTEE

This bill establishes the Office of Public Engagement and Participation within the NRC to support and advocate for public involvement in regulatory proceedings, including providing financial assistance for participation costs under specific conditions.

Mike Levin
D

Mike Levin

Representative

CA-49

LEGISLATION

NRC Bill Creates New Office to Pay Public's Legal Fees in Nuclear Proceedings

The new NRC Office of Public Engagement and Participation Act of 2025 establishes a dedicated office within the Nuclear Regulatory Commission (NRC) with a very clear job: making sure regular people can actually afford to fight city hall—or in this case, the nuclear industry—in regulatory proceedings. This isn't just about setting up a comment box; the bill creates a formal structure to advocate for the public interest and, crucially, authorizes the NRC to pay for the public's legal and expert costs under certain conditions.

The New Public Advocate on the Block

This new office is designed to be the public's official support system within the NRC. It will be run by a Director, appointed for a five-year term, who can only be fired for specific reasons like misconduct, ensuring a degree of independence and stability. The office’s core mission is providing educational, legal, and technical help, essentially teaching the public how to navigate the NRC’s notoriously complex hearings and rule-making processes (SEC. 2. What the Office Actually Does). If you’ve ever tried to submit a formal comment on a federal regulation, you know how quickly the jargon can become a headache; this office is supposed to cut through that.

Putting Cash Behind Public Participation

The biggest change here is the money. The bill gives the NRC the authority to reimburse “reasonable costs” associated with public participation, which includes lawyers’ fees and expert witness costs (SEC. 2. Paying for Public Help). Think about the high cost of nuclear engineering experts or environmental lawyers—this provision is a game changer for groups fighting a new reactor or waste site. However, the Commission can only approve this payment if two things are true: the proceeding must be significant, and the participant must have faced a “major financial hardship” without the reimbursement. Plus, their participation must have “significantly helped move forward a position” they advocated for. This means the NRC gets to decide if the public's input was both helpful and necessary, which introduces some subjectivity into the process.

What This Means for Everyday Life

For folks living near a nuclear plant or proposed waste site, this bill lowers a massive barrier to entry. Before, if a community group wanted to challenge a license extension, they had to raise millions to hire lawyers and technical experts to stand a chance against the utility company. Now, the NRC can potentially foot that bill. For example, a coalition of local farmers concerned about water usage (a major financial hardship) could now afford to bring in a hydrogeologist to testify, dramatically increasing their ability to influence the outcome. This levels the playing field, making sure that regulatory decisions aren't just a conversation between industry and government.

Independence and Oversight

To keep this office effective, the NRC Chairman must ensure it operates independently from the rest of the Commission’s staff. This is essential because the office’s job is to advocate for the public, which often means challenging the status quo favored by other NRC departments. Furthermore, the Director has to send an annual report to Congress detailing all the requests for assistance and the biggest problems the public faced when trying to participate (SEC. 2. Reporting Requirements). This reporting requirement creates a vital feedback loop, forcing the NRC to confront its own bureaucratic hurdles and hold the new office accountable for its performance.