Deep Fission Joins Federal Lawsuit to Modernize Nuclear Regulation and Accelerate Safe Reactor Deployment

BERKELEY, Calif.--(BUSINESS WIRE)--Deep Fission Inc. (Deep Fission), a pioneering nuclear energy company placing small modular reactors (SMRs) a mile underground, today announced that it has joined a federal lawsuit aimed at modernizing how the Nuclear Regulatory Commission (NRC) interprets and applies the Atomic Energy Act. The lawsuit seeks to enforce the law's original intent and enable faster, more practical pathways for licensing next-generation nuclear technologies that serve the public good – balancing safety, national security, and innovation.

"Advanced nuclear companies like ours provide viable solutions, but the current licensing regime limits our ability to build until after the energy crisis is upon us."

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Deep Fission’s decision to join the suit reflects its firm belief in rigorous nuclear regulation – and its equally strong conviction that the current system is misaligned with today’s technologies. The company remains fully committed to meeting and exceeding robust safety standards. This legal challenge is focused on ensuring that the regulatory framework evolves in tandem with ingenuity and the intent of the law as written.

“The United States must dramatically increase the supply of secure, low-cost, carbon-free electricity to meet the skyrocketing demand,” said Liz Muller, co-founder and CEO of Deep Fission. “Advanced nuclear companies like ours provide viable solutions, but the current licensing regime limits our ability to build until after the energy crisis is upon us. It shouldn’t take hundreds of millions of dollars and years of effort to responsibly bring innovative energy systems to the U.S. market.”

The lawsuit argues that under the Atomic Energy Act of 1954, federal licensing should apply only to facilities that pose risks to public health or national security. Many contemporary small modular reactors, like Deep Fission’s mile-deep, geologically-contained design, meet that standard and should not be regulated under the same structure as legacy nuclear power plants.

Deep Fission points to the financial demands and regulatory risk involved in navigating the current licensing process as a key reason reform is needed. Other advanced reactor designs have cost hundreds of millions of dollars to get through approval, and the full regulatory process can take 10 years or longer. Meanwhile, energy demand in the U.S. is surging, driven by AI, data centers, and industrial reshoring – if nuclear is to meet this demand, the regulatory process must move faster.

Liz added, “I am confident that we can find a regulatory path forward that enables Deep Fission to meet the urgency of the moment while preserving the track record of modern nuclear power as one of the safest energy-generating technologies in the world today.”

The lawsuit is joined by other small reactor developers, Last Energy and Valar Atomics, and by the states of Texas, Utah, Louisiana, Florida, and the Arizona State Legislature.

Deep Fission is represented in this lawsuit by Boyden Gray PLLC, a D.C.-based law and strategy firm focused on regulatory litigation.

About Deep Fission

Deep Fission is revolutionizing the energy landscape with innovative technology that places small modular reactors a mile underground. The team of leading scientists, engineers, and visionaries is driven by a shared commitment to advancing safe, reliable, and affordable low-carbon energy solutions. The company is actively engaged with the Nuclear Regulatory Commission and is pursuing commercial projects worldwide. For more information, visit deepfission.com.