미국 원자력 분야에 있어서의 외국인 소유 정책

The United States remains a global leader in the nuclear sector, but the rapid growth of overseas nuclear industries and the rise of China and India are weakening the U.S.’s advantage in next-generation reactor R&D. If this trend continues, U.S. power companies may need to collaborate with foreign suppliers to construct new plants. When foreign entities invest in the U.S. nuclear reactor industry, they must consider the restrictions under the Atomic Energy Act (AEA)’s FOCD (foreign ownership, control, or domination) provisions. Under these provisions, no license may be issued to an alien or any corporation or other entity if the Nuclear Regulatory Commission (NRC) knows or has reason to believe it is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government. Under the Foreign Ownership, Control, or Domination (FOCD) rules, the Nuclear Regulatory Commission (NRC) is required to assess whether a foreign individual or entity could exert ownership, control, or dominance over the decision-making processes of a licensed person or company. The Commission has discretion in determining which factors to emphasize and which analytical approach to apply. The NRC also must consider multiple factors comprehensively, including nuclear safety and security, the types and proportions of stock held, and any other structures or mechanisms through which a foreign entity could control or influence the licensee’s actions. In Loper Bright Enterprises v. Raimondo, the Supreme Court, relying on the judiciary’s inherent authority to interpret statutes under the Federal Administrative Procedure Act and the principle of separation of powers, overruled the Chevron doctrine. As a result, final authority over statutory interpretation lies within the proper and exclusive domain of the courts, and in administrative cases courts are required to decide all questions of law. Even where a statute is ambiguous, the Court made clear that it is the judiciary, rather than administrative agencies, that must resolve all legal questions. However, the overruling of Chevron should not be understood as a wholesale contraction of administrative authority; rather, it is more appropriately characterized as a structural shift that strengthens the role of the judiciary as the ultimate interpreter of the law. This shift has the potential to create a new balance between the courts and the NRC in the field of nuclear industry regulation and, in some circumstances, may even enhance regulatory consistency and legal stability through the unification of judicial interpretive standards. Considering federal court precedents and agency policies, the NRC is unlikely to interpret the concept of ownership too narrowly, even if foreign ownership of a nuclear power plant exceeds a majority. The NRC is expected to gradually allow partial and direct foreign ownership of U.S. nuclear power plants, while imposing various licensing conditions that restrict ownership or limit the manner and extent of foreign participation for foreign companies seeking to develop, construct, own, or operate commercial nuclear power plants in the United States.