Nuclear power is experiencing renewed interest across the United States, with many state governments seeking to introduce a new generation of nuclear reactors. However, state officials face challenges due to federal licensing requirements imposed by the U.S. Nuclear Regulatory Commission (NRC). The process for obtaining a federal license is lengthy and complex, limiting states’ ability to influence nuclear policy.
A coalition of states has recently sought to shift regulatory authority over nuclear energy, advocating for a greater role in determining nuclear plant approval at the state level. In December, Texas and Utah filed a lawsuit against the NRC, arguing that the agency had overstepped its authority by mandating federal licensure for smaller nuclear plants.
The lawsuit hinges on interpretations of the NRC’s statutory authority as outlined in historical legislation. The Atomic Energy Act of 1946 granted extensive licensing powers to the Atomic Energy Commission, now succeeded by the NRC. However, amendments made in 1954 narrowed this authority, specifying that federal regulators could only require licenses for facilities large enough to pose risks to national security or public safety.
Despite these changes, federal regulators have continued to mandate licenses for all nuclear reactors regardless of size. This includes research reactors like one at Texas A&M University that is so small it can barely power a single lightbulb.
This broad approach may have been appropriate when large-scale light water reactors were prevalent and posed significant risks. Today’s focus on small modular reactors (SMRs), which have different risk profiles, suggests that regulatory approaches might need adjustment. For instance, while standard reactor meltdowns could necessitate evacuations, SMR incidents likely would not require such measures according to NRC assessments.
Reducing federal licensing oversight would not leave smaller plants unregulated but rather allow states to reclaim their traditional roles as primary regulators of electric generation within their jurisdictions. States could then develop regulatory frameworks suited to their specific needs and preferences.
The success of this legal challenge remains uncertain; however, there is merit in allowing states more involvement in nuclear regulation. Regardless of the outcome of this suit, both Congress and the NRC should explore creating regulations that empower state governments with greater oversight capabilities regarding nuclear power use within their borders.