A report from the Government Accountability Office (GAO) concluded that there are “ongoing challenges” to the licensing of advanced reactors by the Nuclear Regulatory Commission (NRC), even after recent reforms.
“With this report, the GAO confirms that the Nuclear Regulatory Commission needs to do more to prepare to efficiently review and approve advanced nuclear reactor designs,” said Sen. Shelley Moore Capito (R-W.V.) in a statement accompanying the release of the report with her colleague in the House, Rep. Cathy McMorris Rodgers (R-Wash.).
The two lawmakers requested the assessment in February 2022.
Their joint letter to the GAO states that the United States’ nuclear regulator “must be prepared to license and oversee the development and deployment” of advanced reactors—a variety of cutting-edge systems, some the first of their kind, that improve greatly over designs built before 2019.
“This report’s recommendations align with the Energy and Commerce Committee’s bipartisan legislative efforts and reinforce the need for a modern, efficient, predictable regulatory environment to ensure a robust nuclear industry,” said Ms. Rodgers in her statement with Ms. Capito.
The GAO’s performance audit relied in part on interviews with NRC officials and 17 stakeholders positioned to shed light on the agency’s performance.
‘An Unwritten Rule’ and Other Uncertainties
According to the report, some of NRC’s recent efforts to improve its approach to advanced reactors have borne fruit and “enhanced its licensing process.”For example, it cites a better pathway for the agency to interact with advanced reactor developers before the application is filed, in keeping with requirements imposed by the 2019 Nuclear Energy Innovation and Modernization Act.
The report further noted that at least some stakeholders the GAO interviewed appreciated a new “core team” concept used by the NRC during advanced reactor application reviews.
“However, the modifications do not fully address ongoing challenges,” the GAO report states.
Those issues include unclear guidance on incomplete applications.
Lacking a thorough, written explanation as to how the NRC handles such situations, “developers may face an unpredictable review process when submitting applications for first-of-a-kind designs,” according to the GAO report.
The report also questioned the NRC’s current guidance on whether and how developers should engage with it before formally filing applications.
“NRC’s descriptions of the benefits of pre-application and the consequences of limited engagement suggest that although pre-application is voluntary, participation is an unwritten rule,” it states, later adding that the vagueness creates uncertainty among reactor developers.
In addition, the GAO report claims that falling budgets for the NRC’s Nuclear Reactor Safety program have hampered its ability to attract technical talent.
“Two stakeholders we interviewed said that advanced reactor developers can offer staff higher salaries,” the report notes.
Another big concern is the agency’s Advisory Committee on Reactor Safeguards (ACRS).
“NRC has not made clear to advanced reactor developers the role that the ACRS plays in NRC’s licensing process,” the GAO report states.
It advises the chairman of the NRC—currently President Joe Biden appointee Christopher Hanson—to remedy the issues it identified.
More specifically, it recommends that the chair clarify aspects of navigating the agency that often baffle prospective developers.
It also recommends that he “direct staff to establish benchmarks and measures” pertinent to the agency’s staffing gaps.
In her statement on the GAO report, Ms. Capito drew attention to her recent bill passed in July as part of the latest National Defense Authorization Act, the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act (ADVANCE Act).
Pritzker’s Veto, Ramaswamy’s Vow
The future of nuclear energy, and the sometimes controversial NRC, has become more and more politically salient in recent years as some attempt to phase down, or phase out, coal, oil, and natural gas in favor of energy sources characterized as carbon-free.Although nuclear power doesn’t generate carbon emissions, many environmentalists remain wary of the energy source, citing concerns with waste disposal and cost.
The GAO report drew attention to the closure of more than a dozen nuclear reactors in recent years even as energy demand is predicted to rise.
“In response, Congress has supported the development of advanced nuclear reactors,” the report states.
Yet, some key decision-makers have stood against nuclear energy, including advanced reactors.
“The bill is vetoed because the vague definitions in the bill, including the overly broad definition of advanced reactors, will open the door to the proliferation of large-scale nuclear reactors that are so costly to build that they will cause exorbitant ratepayer-funded bailouts,” Mr. Pritzker’s office said in an explanation that appeared to reference advanced reactor technologies.
Mr. Pritzker, a liberal Democrat, seems to have different concerns than Vivek Ramaswamy, who has campaigned for the Republican presidential nomination with a libertarian-inflected message of opposition to the administrative state.
