SECTION 1. PURPOSE

.01 This notice provides guidance under § 45J of the Internal Revenue Code (Code), relating to the credit for the production of electricity from advanced nuclear power facilities (§ 45J credit). In response to the amendments to certain requirements for the § 45J credit made by § 40501 of the Bipartisan Budget Act of 2018 (2018 Act), Public. Law. 115-123, Div. D, Title I, 132 Stat. 64, 153 (February 9, 2018), this notice provides: (i) guidance for computing the § 45J credit; (ii) the amount of the unutilized national megawatt capacity limitation (NMCL) (as defined in § 45J(b)(5)(B)); (iii) the procedures for taxpayers to apply for allocations of, and that the Internal Revenue Service (IRS) will use to allocate, the unutilized NMCL solely with respect to facilities that the Department of Energy (DOE) previously certified as “advanced nuclear facilities” (as defined in § 45J(d)(2)) under Notice 2013-68, 2013-46 I.R.B. 501; and (iv) the procedures for a “qualified public entity” (as defined in § 45J(e)(2)(A)) to elect, pursuant to § 45J(e), to transfer the § 45J credit to an “eligible project partner” (as defined in § 45J(e)(2)(B)). This notice

Bulletin No. 2023–13 571 March 27, 2023

also requests public comment on topics related to the § 45J credit that may require guidance.

.02 The Department of the Treasury (Treasury Department) and the IRS intend to issue additional guidance regarding the procedures by which any unutilized NMCL will be allocated to a facility that did not receive a certification from the DOE as an “advanced nuclear facility” under Notice 2013-68.