B. Changes in U.S. NRC Composition
The change in administration led to changes in the composition of the NRC. NRC Chairman Kristine Svinicki resigned from the Commission effective January 20, 2021. Upon Chairman Svinicki’s resignation, President Biden designated Democratic Commissioner Christopher Hanson as the new NRC Chairman. Republican Commissioner Annie Caputo’s term expired on June 30, 2021, leaving the Commission with two vacancies (given that, unlike the Federal Energy Regulatory Commission, NRC commissioner terms do not allow for continuation of service). The president has not yet nominated anyone to fill those vacancies. The current composition of two Democrats (Chairman Hanson and Commissioner Jeff Baran) and one Republican (Commissioner David Wright) means that, to the extent the vacancies will be filled, they will be filled by one Democrat and one Republican. The existing three commissioners retain quorum to conduct agency business.
It is not clear how the change in composition will affect the Commission’s near-term policy decisions. A number of voting papers have been pending before the Commission for some time (e.g., changes to the reactor oversight process and security baseline inspections, etc.), and the change in composition may either clear the path to action or effectively suspend votes pending the arrival of new commissioners. However, it is likely that the Commission will continue to issue adjudicatory decisions and continue moving forward with establishing the licensing framework for advanced reactor technologies.
C. Federal and State Policy Developments
This past year saw significant developments in federal and state policies regarding the importance of nuclear power to combat climate change and meet the nation’s carbon emissions goals.
1. Federal Policy Developments
The United States rejoined the Paris Agreement, and President Biden established a goal of reducing greenhouse gas pollution by 50–52% from 2005 levels by 2030 and achieving net-zero emissions by 2050. The current administration clearly supports existing and new nuclear technology as a means of achieving those goals. The Biden administration’s American Jobs Plan (Plan) aims to establish an Energy Efficiency and Clean Electricity Standard that would leverage carbon pollution-free energy provided by existing sources like nuclear power to meet a goal of 100% carbon pollution-free power generation by 2035. The Plan also calls on Congress to enable the manufacture of critical technologies like advanced nuclear reactors through a substantial federal government investment.
The Biden administration’s support for nuclear power is evident in the administration’s fiscal year (FY) 2022 budget proposals. The budget proposals acknowledge that targeted federal financial support for at-risk nuclear generating facilities could prevent premature retirement of these plants, which would maintain those facilities’ contributions to employment and the economy and the country’s clean energy transition. Therefore, the administration has proposed an allocated production credit of up to $1 billion each year from 2022 to 2030 for electricity generation from eligible nuclear power facilities. The administration’s FY2022 budget proposal for the Department of Energy (DOE) also requests $1.8 billion to support existing and advanced reactor technologies and enable the launching of more nuclear energy projects across the country. This request is 23% more than the FY2021 enacted amount for DOE’s Office of Nuclear Energy.
Executive officials have been vocal about the administration’s position on nuclear power. Gina McCarthy, National Climate Advisor to the White House, acknowledged that nuclear will be essential to meeting carbon emissions goals. She noted that existing nuclear reactors provide significant baseload capacity and that there is significant interest and investment in new nuclear technologies, which the administration supports. Similarly, Secretary of Energy Jennifer Granholm stated in testimony to Congress that, because nuclear energy is a critical part of the decarbonization equation, the administration supports keeping the existing nuclear fleet running and supports developing and deploying the next generation of small modular and advanced reactors.
2. State Policy Developments
Many states also have taken measures that support nuclear power. The Pennsylvania Department of Environmental Protection issued a final rule linking the state to the Regional Greenhouse Gas Initiative (RGGI). RGGI is an initiative of ten New England and Mid-Atlantic states to reduce greenhouse gas emissions from the power sector by setting a regional cap on carbon emissions from electric power plants. The rule will reduce Pennsylvania’s power sector carbon pollution by 25% through 2030 and is widely regarded as critical to keeping some of the state’s existing nuclear reactors operating. Similarly, the New Jersey Board of Public Utilities (BPU) voted unanimously to extend the state’s zero emission certificate (ZEC) payments for three nuclear units through May 2025 at the current rate of $10/MWh. The BPU staff recommended extending the ZEC at the current rate in part because closure of the nuclear plants would impact the state’s ability to comply with its air emissions requirements (NJ is a member of RGGI). The BPU commissioners agreed, stressing the importance of nuclear power to mitigate climate change and air pollution.
In Illinois, the legislature continues to consider a comprehensive energy bill that, among other things, would monetarily recognize the carbon-free attributes of the state’s nuclear generation and avoid premature shutdown of several at-risk units. In Wyoming, DOE is investing nearly $2 billion to support the licensing and construction of an advanced reactor at the site of a former coal plant. The coal-to-nuclear trend is emerging in multiple states because the projects can leverage existing energy infrastructure already in place at the coal plant while also stimulating local economies by creating jobs.
D. Part 53 Advanced Reactor Rulemaking
In an effort both to diversify the nation’s energy sources and to battle climate change, Congress and government agencies, including the NRC, are taking steps in anticipation of sustainable energy sources, like advanced nuclear reactors, becoming a major contributor to future U.S. energy production. One such step is the expected addition of a Part 53 to Title 10 of the Code of Federal Regulations (C.F.R.) (Licensing and Regulation of Advanced Nuclear Reactors) that would (as the name suggests) govern licensing and regulation of advanced nuclear reactors.
1. Background
The current licensing schemes under 10 C.F.R. Parts 50 and 52, which apply to light water reactors and non-power reactors, do not explicitly contemplate the variety of advanced reactor designs currently being developed in the commercial sector. As a result, companies that begin the licensing process for advanced reactors in the coming years may need to rely heavily on the NRC’s regulatory exemption process or otherwise reach mutual agreement with the NRC regarding the inapplicability of certain portions of the existing regulations for advanced reactor designs. To avoid overuse of the exemption process and otherwise streamline advanced reactor licensing, Congress directed the NRC to develop licensing infrastructure specifically for advanced reactors by enacting the 2019 Nuclear Energy Innovation and Modernization Act (NEIMA). NEIMA requires the NRC to complete a rulemaking to establish a technology-inclusive regulatory framework for commercial advanced nuclear reactors no later than December 2027.
2. Part 53 Overview
Among other things, the proposed Part 53 would do the following:
- continue to provide reasonable assurance of adequate protection of public health and safety and the common defense and security;
- promote regulatory stability, predictability, and clarity;
- reduce requests for exemptions from the current requirements in 10 C.F.R. Parts 50 and 52;
- establish new requirements to address non-light-water reactor technologies;
- recognize technological advancements in reactor design; and
- credit the response of advanced nuclear reactors to postulated accidents, including slower transient response times and relatively small and slow release of fission products.
3. Developments
In October 2020, the NRC commissioners directed the staff to expedite finalizing Part 53 by October 2024, three years earlier than originally proposed. To help expedite the rulemaking, the commissioners rejected the staff’s proposal to include an advanced notice of proposed rulemaking. They also recognized that the new regulations could provide high-level requirements, with guidance documents addressing details and technology-specific considerations. Therefore, the commissioners urged the staff to work with stakeholders to identify and develop applicable guidance and technical bases.
One such document, presented to the Advisory Committee on Reactor Safeguards (ACRS) Future Plant Designs Subcommittee on March 17, 2021, was a white paper titled Risk-Informed and Performance-Based Human-System Operation Considerations for Advanced Reactors. This white paper is intended to support Subpart F (Operations) of Part 53. The NRC also recently released a Discussion Table focusing on the interplay between 10 C.F.R. § 73.120 (Access Authorization) and the proposed Part 53.
4. Next Steps
The NRC is incrementally publishing preliminary proposed rule language for a risk-informed, technology-inclusive framework on the federal rulemaking website (http://www.regulations.gov) under Docket ID NRC-2019-0062. Comments on the language of the proposed Part 53 are due by November 5, 2021.
E. HFT Begins at Vogtle Unit 3
In April 2021, Georgia Power Company (GPC) announced that HFT has begun for Vogtle Unit 3. HFT is conducted to verify the successful operation of reactor components and systems together and to confirm that the reactor is ready for fuel load. HFT includes the last series of major tests prior to initial fuel load. During HFT, Vogtle Unit 3 systems are tested without nuclear fuel up to normal operating pressure and temperature. The unit reached normal operating pressure and temperature in June 2021. Nuclear operators are using the heat generated by the unit’s four reactor coolant pumps to sustain the temperature and pressure of plant systems at normal operating levels, and the unit’s main turbine will be raised to normal operating speed using steam from the plant. Operators are also able to exercise and validate procedures as required ahead of fuel load. HFT represents a significant milestone for Vogtle Units 3 and 4, which will be the first new nuclear reactors built in the United States within the past thirty years. Vogtle Unit 3 fuel load is expected to occur before the end of 2021.