CHARLESTON, W.Va. — A day after Gov. Jim Justice signed a bill repealing the statewide ban on nuclear power facilities, one U.S. Senate Committee considered legislation related to nuclear energy production.
The Senate Environment and Public Works Committee held a hearing Wednesday on two measures related to the development of nuclear technologies in addition to regulation of facilities and waste sites. Sen. Shelley Moore Capito, R-W.Va., is the committee’s ranking member and introduced one of the bills.
West Virginia legislators approved repealing the statewide ban on building nuclear power plants last week; the state Legislature implemented the ban in 1996. Justice signed Senate Bill 4 on Tuesday, although he warned development should happen with consideration to safety.
“The bill I have signed today is a positive step in modernizing our State’s regulatory environment, but we must work to ensure only positive outcomes from this legislation by continually evaluating any concerns and implementing best practices in any regulation that may be required,” the governor wrote in a letter to state Senate Clerk Lee Cassis.
Federal lawmakers considered the American Nuclear Infrastructure Act and the STRANDED Act. Capito introduced the American Nuclear Infrastructure Act in July 2021; the legislation would authorize a targeted credit program for assisting facilities at risk of closure, enforce a review of rules restricting investments in nuclear energy, and incentivize the development of a licensing process for new technologies and fuels.
“Nuclear energy can provide a tremendous potential opportunity for economic growth, particularly in communities impacted by the closure of coal plants, but still have developed sites and still have transmission assets that can accommodate new generation,” Capito said before colleagues. “In this way, development of nuclear energy would build on West Virginia’s long history of providing baseload energy that fuels our economy.”
According to the U.S. Energy Information Administration, West Virginia ranks fifth among states regarding energy production. The state is the nation’s second-largest coal producer behind Wyoming, in which West Virginia accounts for 13% of the United States’ coal production. Coal-fired power plants generate 88% of West Virginia’s electricity.
Around 20% of the United States’ energy production comes from nuclear power plants. More than 60% of energy production is from fossil fuels, with 19.3% of the energy generated from coal.
Former President Donald Trump signed the Nuclear Energy Innovation and Modernization Act in January 2019, giving the Nuclear Regulatory Commission until December 2027 to develop rules on reactor technologies. Commission Chairman Christopher Hanson expressed concerns to lawmakers last December about the agency meeting limits on corporate support costs like expenses on management and acquisitions.
“Congress should build on previous bipartisan legislation to continue to promote safe use and development of nuclear energy nationwide,” Capito added.
Sen. Joe Manchin, D-W.Va., is among the cosponsors of the American Nuclear Infrastructure Act.
The STRANDED Act would direct resources to communities affected by stranded nuclear waste. The Department of Energy would have to establish a grant program to provide financial aid to impacted areas.
Maria Korsnick, the president and CEO of the Nuclear Energy Institute, expressed support for both measures to advance technology development and help communities. Capito asked Korsnick about what can be done to promote nuclear jobs in communities impacted by the decline of coal.
“Repurposing coal plants or other fossil [fuel] plants is extremely attractive for future nuclear plant siting,” Korsnick explained. “For one thing, they have the transmission already there. That’s a challenging part of the infrastructure if you will. It’s costly to build, so it’s a great opportunity to reuse that.”
Korsnick additionally stated the Nuclear Regulatory Commission also revised regulations to allow coal plant operators to receive experience credit from their work while pursuing certification for operating a nuclear power plant.
“It’s things like that that we can do,” she said.
Committee Chairman Tom Carper, D-Del., shared optimism about the legislation boosting the nation’s nuclear power industry and protecting communities.
“Nuclear power plays a critical role in our efforts to address the climate crisis while also creating economic opportunity,” he said.
Carper added, “As my colleagues have oftentimes heard me say, I believe one of the primary goals of government is to help create a nurturing environment for job creation and job preservation. I think everybody on this committee agrees with that.”
The repeal of West Virginia’s nuclear power plant ban will take effect May 1.