States Pressed to Revise Nuclear Power Rules, Regulations to Implement New Federal Initiatives

Experts, advocates tell lawmakers that regulators will soon see new reactor designs that bear little resemblance to their grandfather’s nuclear power plants.
States Pressed to Revise Nuclear Power Rules, Regulations to Implement New Federal Initiatives
The Vogtle Unit 3 and 4 site, being constructed by primary contractor Westinghouse, a business unit of Toshiba, near Waynesboro, Ga., in an aerial photo taken Feb. 2017. (Georgia Power/Handout via Reuters)
John Haughey
Updated:
0:00
LOUISVILLE, Ky.–With President Joe Biden signing The ADVANCE Act into law in June, United States’ nuclear power proponents are urging state legislatures to adjust regulations, licensing, and incentives to accommodate new technologies, including small modular reactors (SMRs) that the bipartisan measure promotes.

Easier said than done without changing perceptions about nuclear power plants, industry experts and advocates told state lawmakers, legislative aides, and lobbyists on Aug. 7 during the National Conference of State Legislators (NCSL) Annual Legislative Summit at the Kentucky International Convention Center in Louisville.

Nuclear Innovation Alliance (NIA) Research Director Patrick White said many of the 60-plus reactor technologies being developed worldwide bear little resemblance to the massive power plants with hulking concrete silos that most associate with nuclear power.

That perception is obsolete, he said, as are many state regulations geared to address large-scale reactors, such as the nation’s newest, Georgia Power’s Vogtle Unit 4’s 1,114-megawatt (MW) reactor.

White said the future is “very small nuclear reactors” that generate as little as 1.5 MW “designed for a wide range of outputs to meet a variety of different needs” that tout new technologies “and different fuel forms.”

The pressured-water reactors (PWR) and boiled-water reactors (BWR) that “worked for seven decades” remain mainstays, he said, but Generation IV initiative reactor types, such as sodium-cooled fast reactors (SFRs) and helium gas high-temperature reactors, are emerging as alternates that require state regulatory updates to develop.
Among the innovations in demonstration stages are TerraPower’s Natrium Reactor, a 345 MW SFR backed by Microsoft founder Bill Gates in Kemmerer, Wyoming; Dow Chemical/XEnergy’s joint high-temperature, fast-fission reactor in Seadrift, Texas; and Kairos Power’s fluoride salt-cooled, high-temperature 35 MW Hermes reactor in Oak Ridge National Laboratory’s East Tennessee Technology Park.

White said among PWR/BWR reactor limitations is, while they “can essentially change output up and down,” they “are not optimized” to “be flexible and dispatchable in how they produce energy.”

Newer systems can “integrate, complement, and support” all energy types, including solar and wind, he said, making nuclear power “better partners in a better grid, balancing an all-of-the-above approach.”

“The idea is to take the experience we have and design the next step forward,” White said, noting that NIA is a “non-partisan think-tank” that provides technical expertise to lawmakers and other policymakers.

Taillights trace the path of a motor vehicle at the Naughton Power Plant in Kemmerer, Wyo., where Bill Gates' company, TerraPower, will build a sodium-cooled nuclear reactor in the former coal-fired power plant. (Natalie Behring/AP, File)
Taillights trace the path of a motor vehicle at the Naughton Power Plant in Kemmerer, Wyo., where Bill Gates' company, TerraPower, will build a sodium-cooled nuclear reactor in the former coal-fired power plant. (Natalie Behring/AP, File)

Popular ‘Green’ Generation

Nuclear Energy Institute (NEI) Senior Project Manager Kati Austgen said the industry trade association is seeing states “recognizing nuclear as a clean energy source, as reliable firm power, removing barriers, incentivizing investment” to accommodate new reactor types in tandem with The ADVANCE Act.
She said the Biden administration’s May creation of a Nuclear Power Project Management and Delivery working group aims to triple domestic nuclear power production by 2050 by licensing small modular reactors (SMRs) that are “readily available, factory-built, [allowing for] faster construction, improved performance.

“All of this will lead to greater affordability as we look to the future,” Austgen said, noting there are more than 20 SMR projects in demonstration phases or being planned in the United States and Canada that could be in “operation by the early 2030s.”

Nuclear power is popular, she said, citing a May Pew Research Center poll that found nearly 57 percent of Americans support it, “and this number has been increasing.” The survey also found that 91 percent of those who live near nuclear plants “view them favorably.”
While the World Nuclear Association identifies the United States as the planet’s largest producer of nuclear power, generating 30 percent of global output, and American researchers are spearheading innovations being implemented internationally, the nation’s domestic industry has stagnated for decades.

Austgen said there are 94 nuclear reactors—63 PWRs and 31 BWRs—operating in 55 power plants across the country, with Georgia Power’s Vogtle Units 3 and 4 the first new reactors built in more than three decades in the United States.

Despite these plants relying on 70-year-old technologies, 30 different power companies across 30 states are using them to increase nuclear’s share of the nation’s overall electricity output past 20 percent as coal and natural gas plants are retired, she said.

That’s more than half the nation’s carbon-free electricity generation, she added.

Yet, Austgen said no utility-scale reactor projects are being proposed right now in the United States, although The ADVANCE Act could change that soon if states follow through.

More than 300 nuclear power bills in 45 states have been introduced in the last two years, she said.

Among them are California’s AB 2092 and Florida’s HB 1645 commission studies on advanced nuclear reactors, including SMRs. Kentucky’s SB 198 creates the Kentucky Nuclear Energy Development Authority. Virginia’s SB 454 and HB 1491 allow Dominion Energy to recover costs associated with SMR projects.
The Independent Spent Fuel Storage Installation area at Vermont Yankee Nuclear Power Station in Vernon, Vermont, which was closed since 2014, remains on site today as it was in this April 2019 photo. (AP Photo/Jessica Hill)
The Independent Spent Fuel Storage Installation area at Vermont Yankee Nuclear Power Station in Vernon, Vermont, which was closed since 2014, remains on site today as it was in this April 2019 photo. (AP Photo/Jessica Hill)

Reviving Uranium Mining, Recycling Spent Fuel

White and Austgen acknowledged that challenges remain.

Utah Republican state Rep. Carl Albrecht,  a retired utility executive, said boosting the nation’s nuclear industry means loosening federal mining regulations, particularly for uranium, which the U.S. Department of Energy (DOE) claims it supports while the U.S. Department of the Interior (DOI) appears committed to foil.

In 1980, the U.S. produced and processed 90 percent of the uranium used by the nation’s nuclear plants. In 2021, only 5 percent of the uranium used in U.S. plants was produced domestically. The nation’s only uranium processing facility is in Utah.

“There’s still a lot of uranium on the Colorado Plateau, a lot locked up on BLM lands,” Albrecht said. “We have got to get the message to DOI that if we’re going to convert to nuclear, we have to mine and process” uranium.

Austgen agreed, noting that the U.S., United Kingdom, Japan, Canada, and Australia are “working together” to ”friend-source” uranium, and NEI is lobbying DOE to create a strategic reserve of nuclear fuel similar to the petroleum strategic reserve, she said.

Storing spent fuel is another concern bedeviling the industry. “Eventually, all nuclear fuel will need a deep geologic depository,” she said, although “some advanced reactors are actively working on how we can recycle” used fuel.

Many fears of leaks or sabotage are exaggerated, Austgen said. “If we stacked all the used nuclear fuel ever [generated], it would cover one football field 10 feet high,” she said. “If all energy you used had come from nuclear energy, the waste would go into a 12-ounce can.”

Utah Republican state Rep. Kay Christofferson said his state has been “involved in SMRs” for years with little progress.

“It’s taking years and years” in review, he said. It’s “difficult to get people who want to invest when it takes at least 10, 15 years to get there, and they don’t even know they’ll get there.”

The ADVANCE Act provides a “better pre-application process” to ensure the Nuclear Regulatory Commission “understands what the applicant wants to do and the applicant knows what the regulations and process is. NRC can review that more quickly, efficiently” now, Austgen said, but states must also grease their regulatory rails.

She cautioned that these types of investments are always long-term, but for investors who “have the vision and can stick with it for that five, 10, 15 years,” the payoffs are tremendous.

“While it may have taken five, 10, 15 years to get that reactor to operation, those reactors have been operating for 40 years,” she said. “Most are now licensed for another 20 years,” and others a “supplemental 20 years,” meaning they will provide returns on investment for 80 years, at least.

“It’s a long-term investment and long-term asset, but I agree, [permitting] has to be faster,” Austgen said. “If we want clean energy, we already have a lot from nuclear—and there is potential for a lot more.”

John Haughey is an award-winning Epoch Times reporter who covers U.S. elections, U.S. Congress, energy, defense, and infrastructure. Mr. Haughey has more than 45 years of media experience. You can reach John via email at [email protected]
twitter