Notice 2023-24, page 571.

This notice provides the general rules for determining the credit for production from advanced nuclear power facilities under § 45J (§ 45J credit) and that the amount of the unutilized national megawatt capacity limitation (NMCL) available for allocation is 6,000 megawatts. This notice also provides the procedures for taxpayers to apply for allocations of, and that the Internal Revenue Service (IRS) will use to allocate, the unutilized NMCL to facilities that the Department of Energy previously certified as an “advanced nuclear facility” under Notice 2013-68, 2013-46 I.R.B. 501. In addition, the notice provides the procedures for a “qualified public entity” to elect to transfer all or a portion of the § 45J credit to an “eligible project partner.” Finally, the notice requests comments on issues impacting the § 45J credit.