Sens. Scott, Coons Reintroduce Legislation to Remove Unnecessary Burdens on Nuclear Licensing

WASHINGTON — Today, U.S. Senators Tim Scott (R-S.C.) and Chris Coons (D-Del.) reintroduced the Efficient Nuclear Licensing Hearings Act, which would boost the efficiency and effectiveness of the Nuclear Regulatory Commission (NRC) by eliminating outdated processes currently required of the NRC when reviewing new nuclear reactor applications. More specifically, the bill removes the NRC’s mandatory hearing requirement created by the Atomic Energy Act of 1954 without limiting opportunities for public engagement.

“As we work to address efficiency and remove burdensome red tape, refining the NRC’s nuclear reactor license process will ensure South Carolina remains a leader in domestic nuclear energy production while also paving the way for other states to follow our lead,” said Senator Scott. “Our efforts will move us in the right direction for a more secure and robust energy future.”

“To lower costs for consumers and combat climate change, we have to deliver reliable sources of clean and abundant power, including nuclear energy,” said Senator Coons.“The U.S has only opened a handful of new units in the last three decades, and with electrification and new data centers for artificial intelligence driving tremendous increases in demand for power, we need to remove unnecessary barriers to deploying our world-class nuclear energy technology. This bill takes an important step in cutting red tape that limits the expansion of nuclear construction.”

“NIA applauds Senators Tim Scott and Chris Coons for introducing the Efficient Nuclear Licensing Hearings Act. This bill removes the duplicative requirement for Nuclear Regulatory Commission hearings on uncontested reactor license applications. The legislation builds on NRC’s ongoing improvements in effectiveness and efficiency, while allowing for robust public engagement. Timely licensing is important to the successful commercialization of new nuclear technologies,” said Judi Greenwald, Executive Director of Nuclear Innovation Alliance. 

“An efficient and predictable licensing process is key for companies considering new nuclear technologies,” said Niko McMurray, ClearPath Action’s Managing Director of International and Nuclear Policy. “Removing duplicative processes that do not limit opportunities for public engagement or negatively impact public health and safety allows the NRC staff to focus on what is important. The Efficient Nuclear Licensing Hearings Act strikes that balance.”

“Mandatory hearings increase NRC Staff hours by 5-15% beyond the necessary safety and environmental reviews. Since many of these hearings are uncontested, they often involve merely rehashing already-examined topics and do not result in new findings or improve the protection of the public or the environment. This legislation will provide the NRC with the flexibility it previously requested, allowing it to focus resources on critical efforts while maintaining public engagement and retaining the option to hold a hearing when necessary,” said Adam Stein, Director of Nuclear Energy and Innovation of the Breakthrough Institute.

“Nuclear energy is a key component to an all-of-the-above strategy. The process to build new nuclear power plants is outdated and must be rethought to ensure rapid deployment,” said Citizens for Responsible Energy Solutions (CRES) President Heather Reams. “CRES is proud to support Sen. Tim Scott’s bipartisan Efficient Nuclear Licensing Hearings Act, a commonsense improvement that will streamline the approval process for nuclear reactors and save taxpayer dollars while still upholding the high licensing standards of the Nuclear Regulatory Commission.”

The Efficient Nuclear Licensing Hearings Act is also supported by Third Way, The Nuclear Company (TNC), and Conservatives for Clean Energy.

The full text of the bill can be found here.

Background:

The NRC is currently required by law to hold a mandatory public hearing on every reactor license application towards the end of the licensing process, even after the NRC conducts statutorily required environmental and safety reviews that leave ample room for public engagement by stakeholders and interested citizens. 

While these “mandatory hearings” provide the public with an opportunity to petition the NRC to intervene and contest the application, in many cases, the hearings are noncontroversial and go uncontested. In these situations where the applications go uncontested, the NRC is still required by statute to hold the hearing, devoting thousands of manhours to provide a public hearing with negligible impacts on the actual public.

The original justification for an uncontested mandatory hearing was to provide an open forum in which the details of reactor project applications were aired publicly and debated. In 1957, when the mandatory hearing was created in statute, nuclear energy was undoubtedly in a “developmental” period, as the United States had zero commercial nuclear power reactors in operation. Today, the U.S. has over 90 commercial reactors operating in 54 nuclear power plants in 28 different states.

Getting rid of this duplicative hearing requirement will create more efficiency at the NRC at a time when the agency’s resources should be streamlined by Congress in order to bring its licensing processes into the 21st century.

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