Senate bill introduced to reestablish U.S. leadership in nuclear energy

In a January 14 "Nuclear Industry Recap of 2020" blog post, attorneys Sachin Desai and Amy C. Roma list some of the actions taken by the federal government over the past 12 months to improve the status of the U.S. nuclear community.

Desai and Roma, both of whom practice nuclear and radioactive materials law at Hogan Lovells, look at actions by the Nuclear Regulatory Commission, the Department of Energy, and Congress and find much to be optimistic about.

The Department of Energy’s Office of Nuclear Energy (DOE-NE) last week released its Strategic Vision report, outlining its plan to support the current U.S. reactor fleet, demonstrate the latest innovations in nuclear energy technologies, and explore new market opportunities for nuclear energy.

The 36-page document identifies five goals to address challenges in the nuclear energy sector, help realize the potential of advanced technology, and leverage the unique role of the federal government in sparking innovation. Each goal also includes supporting objectives to ensure progress.

The American Nuclear Infrastructure Act (ANIA)—a bipartisan bill introduced just over two weeks ago in the Senate, with the goal of reestablishing U.S. leadership in nuclear energy—is now headed for the Senate floor. The legislation was advanced at a December 2 business meeting of the Senate Environment and Public Works (EPW) Committee by a vote of 16 to 5.

Kinzinger

Doyle

Rep. Adam Kinzinger (R., Ill.) last week introduced legislation to help economically troubled nuclear power plants and authorize funding for “nuclear closure communities.”

The Preserving Existing Nuclear Energy Generation Act (H.R. 9015)—introduced in the House on December 17 and cosponsored by Rep. Mike Doyle (D., Pa.)—is a companion bill to the American Nuclear Infrastructure Act (S. 4897), the bipartisan measure introduced in the Senate in November and moved to the Senate floor earlier this month. On December 18, H.R. 9015 was referred to the House Subcommittee on Water Resources and Environment.

Anže Logar, Slovenia’s foreign minister (left), talks with U.S. Secretary of State Mike Pompeo on December 7 in Washington, D.C. Photo: State Department

In the latest example of the Trump administration’s recent efforts to forge nuclear agreements with Central and Eastern European nations (for other examples, see here, here, and here), the United States earlier this week signed a memorandum of understanding concerning strategic civil nuclear cooperation (NCMOU) with Slovenia.

The NCMOU was signed on December 8 during a visit to Washington, D.C., by a Slovenian delegation headed by Foreign Minister Anže Logar. Signing it were Christopher Ford, the administration’s assistant secretary of state for international security and nonproliferation, and Jernej Vrtovec, Slovenia’s minister of infrastructure.

The previous day, Logar met with Secretary of State Mike Pompeo to discuss, among other topics, “the importance of energy security and how civil nuclear cooperation can strengthen the strategic bilateral relationship,” according to a State Department readout.

The Atlantic Council’s Global Energy Center has issued a report, Japan’s Nuclear Reactor Fleet: The Geopolitical and Climate Implications of Accelerated Decommissioning, contending that Japan’s reaction to the 2011 Fukushima Daiichi nuclear accident has led to an increased dependence on carbon-emitting energy sources that ultimately undermine the country’s recently announced climate goal of achieving net-zero emissions by 2050.

Recommendations: Released just a few months prior to the 10-year anniversary of the accident on March 11, 2011, the report recommends that Japan:

• Use its existing nuclear fleet in the near and long term to 2050,
• remain involved in global civil nuclear trade,
• develop a role for advanced nuclear technologies, including small modular reactors, which it should deploy as soon as feasible,
• rebuild its nuclear energy workforce and public trust in nuclear power, and
• regain its leadership position in the climate battle.

A cutaway view of the BWRX-300. Image: GE Hitachi Nuclear

The Nuclear Regulatory Commission has issued a final safety evaluation report for the first of several licensing topical reports (LTR) submitted by GE Hitachi Nuclear Energy (GEH) for the BWRX-300 small modular reactor, the company announced on December 1.

The initial LTR, titled “BWRX-300 Reactor Pressure Vessel Isolation and Overpressure Protection,” was submitted to the NRC in December 2019, officially beginning the U.S. licensing process. This LTR forms the basis for the “dramatic simplification” of the BWRX-300, according to GEH.

In its announcement, GEH noted that two additional LTRs were submitted in early 2020 and that it anticipates reviews of those reports to be completed in the coming months. A fourth LTR was submitted in September 2020, the company added.

The United Kingdom, the first of the world’s major economies to adopt a legally binding commitment to achieve net-zero greenhouse gas emissions by 2050, has released a blueprint to help realize that goal—one that includes a substantial role for nuclear energy

The Ten Point Plan for a Green Industrial Revolution will mobilize a total of £12 billion (about $16 billion) of government investment to create and support up to 250,000 highly skilled green jobs in the United Kingdom and spur over three times as much private sector investment by 2030, according to the UK government on November 18.

In addition to nuclear, offshore wind, hydrogen production, carbon capture, and vehicle electrification are also earmarked for significant investment in the 38-page document.

The Dewey Burdock project area, near Edgemont, S.D., in 2014. Photo: Azarga Uranium

The Environmental Protection Agency has issued its final permits for Canada-based Azarga Uranium’s underground injection control (UIC) activities at the Dewey Burdock in situ recovery (ISR) uranium project in South Dakota, the company announced recently.

The EPA’s action includes two permits: a UIC Class III Area Permit for the ISR of uranium and a UIC Class V Area Permit for deep injection wells that will be used to dispose of ISR-process waste fluids after they have been treated to meet radioactive waste and hazardous waste standards.

The EPA is also finalizing an aquifer exemption approval in connection with the Class III permit to allow for resource recovery in the uranium-bearing portions of the Inyan Kara group of aquifers.

The Senate Appropriations Committee last week released all 12 fiscal year 2021 appropriation measures and subcommittee allocations, including an Energy and Water Development bill that provides $150 million for establishing a U.S. uranium reserve, the same amount requested by the Trump administration in its February budget estimate.

The committee’s Republican majority decided to bypass the usual markup and full Senate consideration of the bills and instead proceed directly to negotiations with the House, in hopes of passing an omnibus bill by the December 11 deadline to avoid a government shutdown.

Shelby

“By and large, these bills are the product of bipartisan cooperation among members of the committee,” said Sen. Richard Shelby (R., Ala.), chairman of the Appropriations Committee. “As negotiations with the House begin in earnest, I look forward to working with Chairwoman Lowey, Vice Chairman Leahy, and Ranking Member Granger to resolve our differences in a bipartisan manner.”