Global Laser Enrichment Secures Victory for First-of-a-Kind Uranium Enrichment License

Global Laser Enrichment LLC (GLE) successfully defended multiple legal challenges to its US Nuclear Regulatory Commission (NRC) license application to build a uranium enrichment facility in Paducah, Kentucky. Orrick secured victories in both the initial adjudication and appeal, resulting in the NRC dismissing every challenge to GLE's license application and clearing a major obstacle to NRC issuance of a license to GLE in early 2027.

The victory builds on years of strategic advice supporting GLE during the NRC's review of the most advanced commercial uranium enrichment application currently pending before the agency. GLE's proposed Paducah Laser Enrichment Facility will be the world's first commercial deployment of SILEX laser enrichment technology, converting depleted uranium into commercial nuclear fuel.

This project is of immense local and national importance and will help rebuild the US nuclear fuel cycle. With an estimated value of $1.8 billion, the project is one of the largest capital investments in Western Kentucky's history and one of the nation's most strategically significant fuel cycle projects.

THE CASE

• The NRC is currently reviewing GLE's application to construct and operate the Paducah Laser Enrichment Facility. The facility would convert depleted uranium and natural uranium hexafluoride into commercial nuclear fuel.
• Two petitioners sought to intervene in the NRC's review under 10 C.F.R. § 2.309 and requested an adjudicatory hearing before the NRC to challenge the license. If granted, a hearing would have led to a months-long delay in the licensing schedule and added significant costs for GLE.

THE DECISIONS

• The NRC's Atomic Safety and Licensing Board Panel (ASLBP) denied both hearing requests on all grounds and terminated the contested proceeding. Our team developed the standing, admissibility and procedural arguments that resulted in this dismissal.
• The ASLBP agreed with all of Orrick's arguments, finding that neither petitioner had demonstrated standing to intervene or offered a contention admissible under the NRC's rules.
• One of the petitioners appealed the ASLBP's decision. Orrick again defended GLE. The Commission affirmed the ASLBP's dismissal in agreement with Orrick.

THE IMPACT

• The NRC can now continue reviewing GLE's license application on a timely schedule -and hopefully issue the license in early 2027. GLE could then begin construction of this important facility.
• The facility will strengthen domestic enrichment capacity, reduce reliance on foreign enrichment services and support both the existing reactor fleet and advanced reactors.

THE TEAM

The Orrick team is led by Amy Roma, with support from Stephanie Fishman, Cameron Hughes and Sam Stephens.