July 6, 2026

The Reactor Pilot Program: A Historic Success and the Road Ahead

Pictured: The Aalo team preparing for criticality.

The Reactor Pilot Program (RPP) has been a rousing success. As of 12:20 am on July 4, 2026, four novel new reactors have been built and started within one year after the formal initiation of the program. Executive Order 14301, which directed the Department of Energy to create the program included a stimulating, challenging goal of having at least 3 reactors start by July 4, 2026. It can be correctly claimed that the RPP has been an over-achiever. July 4, 2026 was the 250th anniversary of the signing of the U.S. Declaration of Independence, adding a bit of historic gravitas to the event.

For nuclear energy professionals and supporters, the month-long period between June 4 and July 3, 2026 will be remembered as an exciting time, full of news and celebrations. New reactor starts were achieved in rapid-fire succession on June 4 (Antares Mark-0), June 18 (Valar Ward 250), June 30 (Deployable Energy Unity) and July 3 (Aalo Aalo-CTR). Along the way, several other milestones – including first thermal power and first electricity from a novel reactor (Valar Ward 250) – were achieved and celebrated.

A talented and diverse team of individuals and organizations from both the government and the private sector made it happen. The engineering, equipment and construction costs were paid by the private sector, while the government covered the costs of its employees when performing government functions. It also provided land, security and arranged for use of existing facilities.

The group of reactor criticalities achieved during the early phases of the RPP mark a major step forward in the process of designing, developing, testing, iterating, refining and licensing new types of nuclear fission power plants that have not yet become commercially viable.

Rod Adam at the INL

Rod Adams with the INL DOME in the background.

Perhaps the most important outcome of the RPP – measured over the long term – is that it provided the Department of Energy several opportunities to refine its processes for reviewing, approving, constructing and operating novel reactor technologies. That full authorization process has now been completed for four separate reactors with reviews continuing for participants in the RPP and Launch Pad that are at different stages of development. With experience and practice the process continues to improve. Exercising with real world projects is a terrific way to refine processes and procedures.

The Nuclear Energy Launch Pad is the combined follow-on for the RPP and the related Fuel Line Pilot Program. It will be able to build on and improve the solid foundation created and tested for the successful RPP.

The existence of a well-supported and improving path between the development stages of ideas and computer models to the stage of constructing and testing physical pilots can unlock access to a vast pool of private risk capital. The refined process retires a significant number of known risks. It lets the review process move at the speed of business. Even though more risks can be mitigated with additional actions, substantial progress should be made in parallel with continuing process improvements.

The pilot reactors that have achieved criticality are not commercial products. They need several iterative steps before they are even complete R&D products. Three of them are not yet ready to produce any fission power because they have not yet installed the heat transfer systems that will remove fission heat. The one that is producing power, the Valar 250, was built with a reduced power reactor and a correspondingly small heat rejection system, not a complete heat conversion or utilization system.

There is a reasonably clear path for installing the needed systems, both in a regulatory and physical sense. Once those steps are completed, an extensive series of tests will be completed. If electricity is produced during testing, it can be supplied to the reactor facilities and the hosting laboratories or it can be dissipated through heat rejection systems. Alternatively, it can be dissipated by producing electricity that is then discarded in added systems like resistor banks.

That’s as far as the pilot reactors can go under their DOE authorizations; those approvals do not allow for the sale of electricity or heat to outside customers. For micro reactors producing a megawatt or so, that limitation isn’t horrible, but the RPP and the Nuclear Energy Launch Pad include participants with much more powerful reactors. A heat rejection system for a few megawatts is reasonably compact and doesn’t have too much local environmental impact; one that needs to reject 225 – 900 MWth is a different story. Throwing away electricity generated during full power testing of a 75 MWe reactor wastes almost $200,000 per day.

It would be more prudent for pilot or demonstration reactors to build fully functional power conversion systems that produce useful electricity or heat and to sell those products when available during portions of the testing program. Some of the tests that help prove commercial viability will include sustained periods of high power operation for reliability and fuel performance evaluation. Selling the electricity produced as a byproduct of the testing won’t turn the test and demonstration reactor into a profitable installation, but the revenues can help reduce the amount of capital required for commercial product development.

Class 104c is the licensing step between DOE authorization as an R&D facility that is not allowed to sell products and NRC licensing as a Class 103 commercial reactor. It’s a licensing step that has not been exercised, but the NRC regulations associated with Class 104(c) licenses were recently updated and re-emphasized.

Reviews and approvals for Class 104(c) are, by law, somewhere between those required for a DOE authorization and those required for a fully commercial license under Class 103. The NRC page titled “Technology, License Class, and Regulatory Approach” includes the below quote:

Section 104(c) of the Atomic Energy Act of 1954, as amended, states that,

The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development.

Under Class 104(c), reactors that are still in the research and development – aka pre-commercial – phase can sell electricity, heat and non-energy services as long as less than 75% of their annual costs are dedicated to providing those activities. They are also allowed to sell training and research and development services without counting against the cost limitation.

For those who are well-versed in developing high tech products, think of Class 104(c) as a regulatory permission structure for beta product releases in high-impact, tightly-controlled markets.

The provision for licensing pre-commercial products under Class 104(c) licenses has been in the rules since 1970, but it hasn’t been exercised. It’s hard to determine the precise  reasons why something hasn’t been done before, but contributing factors include the assumption that all nuclear reactors had to be extra-large before they could be commercial and the financially risk averse nature of monopoly electric utilities and established reactor vendors. It’s hard to imagine a successful financing model for a reactor costing $10 B or more that is restricted in its ability to generate sales revenues.

The rising prominence of smaller, lower-cost reactors, non-traditional electricity customers and the increasing importance of venture capital-backed vendors has changed the decision process. Modern reactor developers know that new and improved products with revolutionary proprietary features need several iterations before they can become competitive products. They know that initial units will produce losses, but they may prefer to minimize those losses by selling output when they can.

Venture capitalists are not like bankers or public service commissions; they understand that there are major risks associated with product development and refinement. History has shown them that there are major rewards when the product finds a fit with the needs of eager customers, making venture capital an increasingly capable source of financing.

Pictured: United States Secretary of Energy, Chris Wright, having just signed the DOE approval for Aalo Atomics to load its fuel. 

The RPP has helped to restore the development process originally envisioned by the Atomic Energy Act of 1954. That foundational piece of legislation provided a framework for Atomic Energy Commission reactor licenses that established appropriately differentiated rules and process requirements for licensing reactors that were still being developed and refined compared to the rules that govern licensing for reactors that were ready to compete in the commercial energy markets.

The next step is to begin exercising the transition between DOE R&D reactor authorization and NRC pre-commercial licenses under Class 104(c). Adequate rules are in place and do not need any immediate legislation or lengthy rule-making processes.

The RPP showed that the U.S. is capable of moving smoothly when building new nuclear power systems using appropriate levels of cooperation between government, government contractors and private enterprise. Major process steps have been developed and exercised. There is a daunting amount of work ahead but there are clear paths on which to take the next important steps in this rewarding journey.

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This article was written by Rodney Adams - Managing Partner at Nucleation Capital. You can read more from Rod at Atomic Insights.

August 1, 2025

Europe’s Nuclear Rebound ()

The Trump Administration and the European Commission unveiled a trade accord in which the EU pledged to invest $600 billion in U.S. goods, including nuclear technology and fuels, to strengthen transatlantic collaboration as the EU works to reduce its reliance on Russian gas and nuclear fuel.
 

July 7, 2025

CORE POWER Forms Consortium to Explore Floating Nuclear in Mediterranean ()

CORE POWER has joined ABS and Athlos Energy to form a new consortium studying floating nuclear power solutions for Mediterranean ports, islands, and coastal communities...

November 1, 2024

Assessing the Election’s Impacts on Nuclear

By Valerie Gardner, Nucleation Capital Managing Partner

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Presidential elections are always important and this year's election is widely considered particularly critical and unusual.  There are vast differences of opinion on matters of great national importance—from voting rights and health policies to international relations and national security policies. Less well litigated is where these candidates stand on matters of energy security, the energy transition and future deployments of both traditional and advanced nuclear power. How will the differences in character, knowledge and respect for facts, science and experts play out on U.S. policies towards nuclear power?  Based upon various sources, it appears that the election will have a significant impact. For those still making up their minds, this summary assessment may help clarify how numerous pundits view these differences.

Summary

Nuclear energy has enjoyed enduring bipartisan support across both Democratic and Republican administrations for years now. The Congress has passed, with overwhelming bipartisan majorities, bills aimed at modernizing and accelerating commercialization of new nuclear.

Nevertheless, in 2024, the two presidential candidates bring potentially unconventional approaches that may differ from the standard positions of their respective parties. Republicans have long valued America's nuclear capacity and have seen the need for the US to maintain leadership to boost both national security and to expand our ability to export our technologies. They recognize that the U.S. needs to counter the geopolitical influence of adversaries like Russia and China which are offering to help developing nations with nuclear power as a means of increasing their influence within those countries.

Democrats have also, if more recently, come around to support nuclear. Both the Obama White House and the Biden Administration have provided broad support for the industry and particularly for the acceleration of next-generation nuclear technologies and American leadership in the energy transition. Front and center of their support is the recognition that nuclear power is a critical, differentiated component of a reliable, 24/7 low-carbon energy grid. They support its expansion primarily as a mechanism to meet growing energy needs and fortify grid reliability while reducing carbon emissions and addressing climate change, in tandem with renewables.

The question then of which candidate is more likely to support the continued acceleration of nuclear power is thus wrapped up with policies relating to energy security, fossil fuels, geopolitical competition with Russia and China, and support for addressing climate change. The Inflation Reduction Act passed in 2022 and signed by President Biden marked the Congress' single largest investment in the economy, energy security and climate change and is widely seen as the most important piece of climate legislation ever passed. It simultaneously rebuilds the U.S. industrial capabilities while incentivizing the growth of clean energy technologies including domestic nuclear power. It is already making an enormous and beneficial impact on the U.S. nuclear indsutry.

Kamala Harris, while possibly more progressive than Biden, has shown her support for Biden's approach to incentivizing the clean energy transition through the IRA, Biden's signature piece of climate legislation, which has received staunch support from industry. She is unlikely to make many if any changes to the IRA's clean energy technology-neutral Investment Tax Credits and Production Tax Credits or reduce the billions in loan guarantees available through the Loan Program Office, which have already stimulated significant investment in protecting and restarting existing reactors.

Because of Biden’s Infrastructure Investment & Jobs Act’s Civil Nuclear Credit program, California is proceeding with the relicensing of Diablo Canyon, Holtec has chosen to restart, rather than decommission, Michigan’s Palisades nuclear power plant, Constellation has inked a deal with Microsoft to restart Three Mile Island Unit 2, and NextEra Energy is actively considering the restart of Duane Arnold. Meanwhile, Google has signed a deal to buy power from advanced nuclear reactors being designed by Kairos Power and Amazon has signed a similar deal with X-energy, marking the first corporate purchases of next-generation nuclear, thanks to highly motivating tax and financing incentives available through the IRA and LPO.

Harris is clearly committed to addressing climate change. There is no evidence that she rejects the clean energy tech-agnostic approach developed during her term as Vice President, which levels the playing field for nuclear energy as a clean energy source. Harris recognizes the geopolitical importance of America's ability to compete with Russia to produce our own nuclear fuel supply and to provide nuclear technologies to developing nations seeking to build their clean energy capacity but wanting to remain free of Russian or Chinese influence.

In contrast, Donald Trump has repeatedly called climate change a "hoax," and/or a good thing and cares little about reducing U.S. or global emissions. He previously walked away from the Paris accord and would likely try to repeal, roll back or dilute the IRA. He's publicly allied himself with the fossil fuel industry and—in exchange for donations—has promised to roll back EPA regulations and help them "drill, drill, drill."

There is almost no doubt that Trump would step the U.S. away from its leadership role on climate and this time, that may mean reversing the U.S.'s pledge to triple the amount of nuclear power. This would seriously undermine both the U.S. nuclear industry's momentum to expand to meet growing demand as well as international progress. Given Trump’s overt courting of Putin, he may be disinclined to rebuild the U.S.'s nuclear fuel production capacity or seek to accelerate or support American efforts to build nuclear projects internationally in competition with Russia.

None of this would be good for nuclear power. Any potential efforts to rollback the IRA would slow restoration, development and deployment of reactors. Boosting the fossil fuel industry, whether through supporting expanded access to federal land or price manipulation to improve profitability would have severe impacts on the energy transition. Trump's recent acknowledgement that he didn't believe nuclear was safe also belies the stated "commitment" to nuclear energy expressed by his surrogates and gives considerable fodder to those who persist in opposing nuclear. His shoot-from-the-hip, truth-be-damned leadership style and embrace of conspiracy theorists, contrasts starkly with Harris' stated willingness to consult with scientific experts and even give those who disagree with her a seat at the table.

In sumary, Trump's likely propensity to undermine the IRA, oppose climate action and backtrack on US pledges to triple nuclear, his support for expanding fossil fuel production and his continued disdain for science and technical experts, poses extreme risks to the momentum generated within the nuclear sector over the last few years. Trump's ignorance of nuclear energy's exceptional safety performance make him unlikely to provide Oval Office leadership either to the industry or the NRC in support of the bipartisan ADVANCE Act, signed into law by Biden.

In contrast, a Harris Administration would likely remain on the current climate glideslope for leadership, technology-neutral funding and the U.S.'s nuclear tripling momentum as stimulated by the Biden Administration. It may be that a Harris Administration does not prioritize nuclear's growth or add billions in new accelerants as Biden has done, but she will not try to trash it. Having been briefed by senior energy advisors over the last four years about the importance of nuclear, she is well-informed and understands the importance of Biden's initiatives for addressing climate.

Based on this analysis, those who support an expansion of nuclear power and enduring progress towards transitioning away from fossil fuels should thus prefer to see Harris elected, rather than Trump, and the existing policies continued.

Sources

You can find more detailed information about the basis for this Summary Assessment from these sources.

  1. Forbes, Trump Plans To Rescind Funds For IRA Law’s Climate Provisions, But May Keep Drug Price Measures, by Joshua P. Cohen, Sept. 9, 2024.
  2. Bloomberg, US Economy Will Suffer If IRA Repealed, Solar Maker CEO Says, by Mark Chediak, Oct. 22, 2024.
  3. Politico E&E News, Trump cites cost and risks of building more nuclear plants, by Nico Portuondo, Francisco "A.J." Camacho, Oct. 29, 2024.
  4.  Huffington Post, Donald Trump Takes A Skeptical View Of Nuclear Energy On Joe Rogan’s Podcast, by Alexander Kaufman, Oct. 27, 2024
  5. Bloomberg, Trump 2.0 Climate Tipping Points: A guide to what a second Trump White House can—and can't—do to the American effort to slow global warming, by Jennifer A. Dlouhy, Sept. 30, 2024.
  6. Joint Economic Committee, How Project 2025's Health, Education, and Climate Policies Hurt Americans, August 2024.
  7. FactCheck.org, Trump Clings to Inaccurate Climate Change Talking Points, Jessica McDonald, Sept. 9, 2024.
  8. New York Times, Trump Will Withdraw U.S. From Paris Climate Agreement, Michael D. Shear, June 1, 2017
  9. Cipher: Here's how cleantech stacks up in three swing states: Taking stock of Michigan, Pennsylvania and Wisconsin, Sept. 3, 2024.
  10. Bloomberg Green, Climate Politics: Double-Punch Storms Thrust Climate Into the US Presidential Race, by Zahra Hirji, Oct. 11, 2024.
  11. New York Times, Biden’s Climate Plans Are Stunted After Dejected Experts Fled Trump, by Coral DavenportLisa Friedman and Christopher Flavelle, published Aug. 1, 2021, updated Sept. 20, 2021
  12. Bloomberg, The Donald Trump Interview Transcript (with quote "Green New Scam"), July 16, 2024.
  13. Google: New nuclear clean energy agreement with Kairos Power, by Michael Terrell, Oct. 15, 2024, and Google's The Corporate Role in Accelerating Advanced Clean Electricity Technologies, Sept. 2023.
  14. The New Republic, Trump Pushes Deranged Idea that Climate Change is Good for Real Estate, by Robert McCoy, Sept. 18, 2024.
  15. Grid Brief: What Was Said About Energy During the VP Debate, JD Vance and Tim Walz Discuss Energy and Climate During VP Debate, by Jeff Luse, Oct. 2, 2024.
  16. CNN: Fact check: Sea levels are already rising faster per year than Trump claims they might rise over "next 497 years', by Daniel Dale, June 29, 2024.
  17. CNN: Fact check: Tramp's latest false climate figure is off by more than 1,000 times, by Daniel Dale, April 2023.
  18. Yale Program on Climate Change Communication, YPCCC's Resources on Climate in the 2024 U.S. General Election, by Anthony Leiserowitz, Edward Maibach, Jennifer Carman, Jennifer Marlon, John Kotcher, Seth Rosenthal and Joshua Low, Oct. 8, 2024.
  19. SIGNED: Bipartisan ADVANCE Act to Boost Nuclear Energy Now Law, Senate Committee on Environment & Public Works, July 9, 2024.
  20. Rodgers, Pallone, Carper, Capito Celebrate Signing of Bipartisan Nuclear Energy Bill, the ADVANCE Act, July 9, 2024.
  21. The White House, Bill Signed S. 870, July 9, 2024.
  22. Power Magazine, The ADVANCE Act—Legislation Crucial for a U.S. Nuclear Renaissance—Clears Congress. Here's a Detailed Breakdown by Sonal Patel, June 20, 2024
  23. Sidley Austin LLP, Congress Passes ADVANCE Act to Facilitate U.S. Development of Advanced Nuclear Reactors, June 26, 2024.

October 26, 2024

Nucleation’s Three Year Overview

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Nucleation Capital Completes its Third Year!

Issues a report on the growing demand, the status of Nucleation Fund I, plans for Fund II and portfolio updates

Nucleation issued its Three Year Report to all Limited Partners (LPs) of the fund in mid-October, following the completion of three full years of investing at the end of Q2-2024.

The report covered the state of the current market, with the recent slate of high-profile power purchase announcements, a review of recent major nuclear purchase announcements by major technology companies, as well as a run-down of key events of the prior three years heralding the current inflection point in the market. Additionally, Nucleation provided its assessment of what is coming down the pipeline for investors in both energy and carbon management demand.

The report further shared more details about Nucleation's plans and strategies for its three year-old evergreen Fund I and for its upcoming, traditional Fund II. Lastly, Nucleation provided detailed and confidential updates on the progress made and current status of each of its twelve Fund I portfolio ventures.

REQUEST A COPY

If you are interested in learning more about either Fund I, our low-cost evergreen fund, now in its fourth year, or our upcoming traditional Fund II, click here to request a copy of our Three Year Report Overview.

August 23, 2024

Help us expand our deal syndications

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Nucleation Capital is growing!

Seeking help increasing our syndicate deal flow

The level of activity and new venture formation in the areas of advanced nuclear and deep decarbonization innovation is growing rapidly.  Nucleation Capital is seeking to expand our reach and connect with as many of these new ventures as we can. We are thus pleased to invite you to work with us to help us expand our syndicate deal flow and earn a share of our upside syndicate compensation.  Here's how it works.

You find and connect with a young, growing venture that fits our thesis. If this venture is actively looking to raise capital and has a fundraising pitch deck, you introduce them to us and we will review their deck. If we agree that it is a promising prospect, you can offer to help them raise capital through our pronuclear investor network and syndicate. If they like that idea and agree to give us an allocation of equity, you will then produce a deal memo and we will float a syndicate to help them raise capital.

When investors agree to participate in the syndicate, they pay no management fee but they agree to pay carried interest to the deal sponsor, which is Nucleation Capital. Depending upon your contribution to creating the deal memo and promoting the SPV, we will provide a fair split of the carried interest fee earned from the successful exit of this venture.

There are two ways that you can work with us to bring us potential deals and earn participation on the success of the ventures you bring:

1. Venture Associate: If you are a young professional keen to learn how to help ventures raise capital with some spare time to devote to meeting new teams and making introductions, we will bring you on as a Venture Associate.  You'll get training, guidance on how to find and connect with new ventures, and invitations to participate in due diligence sessions as well as other opportunities to enage with our syndicate team. We'll help you build your skills in this area and show you how to evaluate new ventures.

2. Ventury Ally: Perhaps you are a bit too busy to take on the task of writing deal memos but you are well connected, want to help worthy ventures raise capital and would like to make introductions. We invite you to join our team as a Venture Ally and we will delegate syndicate prep tasks to another member of our team. We would welcome your help connecting us to new teams working in our sectors through simple introductions.

This is an incredible opportunity for those keen to learn the ins and outs of the venture capital industry and for those who are deeply connected into the start-up world to help to help build stronger ventures.

Learn more here about this opportunity to join Nucleation's syndication team.

July 9, 2024

Biden Signs the ADVANCE Act

By Rod Adams, Nucleation Capital Managing Partner and founder of Atomic Insights.

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President Biden has signed S. 870, “A bill to authorize appropriations for the United States Fire Administration and firefighter assistance grant programs, to advance the benefits of nuclear energy, and for other purposes.”

NRC’s Newly Aligned Mission Will Accelerate Nuclear Energy Deployment

With resounding bipartisan, bicameral support that also achieved enthusiastic support of the Executive Branch, the US has enacted a new law announcing its support of nuclear energy. It has the potential to make an even larger impact on global atomic energy use than the combination of the Atomic Energy Act of 1954 and President Eisenhower’s Atoms for Peace program of international nuclear energy expansion.

Seventy years ago, that earlier combination of law and policy partially removed the blanket of tight security that had locked up fission energy in the years immediately following WWII. President Eisenhower’s clearly stated goal in enabling commercial atomic energy was to develop “the greatest of destructive forces” into a “great boon, for the benefit of all mankind.”

The “great boon” produced a wave of nuclear power plants that now produce the energy equivalent of Saudi Arabia’s oil production. That energy comes at a low marginal cost without air pollution or greenhouse gases, but nuclear power’s contribution to world energy production leveled off at roughly 2600 TWh/yr 20 years ago.

A growing fraction of the world’s science, engineering, environmental and political leaders agree that the situation needs to be changed. In November 2023, the United States led a coalition of two dozen nations in a promise to take action to triple world nuclear energy production by 2050.

Even before the U.S. signed that declaration of intent, House and Senate Republicans and Democrats began holding hearings, listening to constituents, debating with colleagues and engaging in what used to be considered the normal order of business to produce the ADVANCE Act of 2024.

I’ll say that again, Republicans and Democrats from both the House and Senate worked together in a sustained manner to pass a bill important to all of us in 2024. 

That bill was passed in May with a vote of 393-13 by the House of Representatives. It was passed in June by the Senate with a vote of 88-2.

The bill’s title – ADVANCE – is derived from “Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy.” The name might be dismissed as a clever acronym, but each of the words helps to convey the intent of the authors and approvers.

The new law of the land is clear; the United States has decided that it is moving forward at an increasing speed – accelerating – in the important task of deploying multi-function, advanced nuclear energy so we can spread the benefits of clean atomic energy to all mankind.

Mission alignment

A key accelerant is the Act’s direction to the Nuclear Regulatory Commission to update its mission statement. The new law tells the NRC that its modern mission is to provide a reasonable assurance of adequate protection of public health and safety in “a manner that is efficient and does not unnecessarily limit” the use of radioactive materials and nuclear energy to benefit society.

Here is the complete provision from Section 501 of the Act

SEC. 501. MISSION ALIGNMENT.

(a) Update.—Not later than 1 year after the date of enactment of this Act, the Commission shall, while remaining consistent with the policies of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.) (including to provide reasonable assurance of adequate protection of the public health and safety, to promote the common defense and security, and to protect the environment), update the mission statement of the Commission to include that licensing and regulation of the civilian use of radioactive materials and nuclear energy be conducted in a manner that is efficient and does not unnecessarily limit—

(1) the civilian use of radioactive materials and deployment of nuclear energy; or

(2) the benefits of civilian use of radioactive materials and nuclear energy technology to society.

Ted Nordhaus, the Executive Director of the Breakthrough Institute, supports the mission realignment. He is quoted by Axios as follows. “When we look back on this thing five years from now…. no one will remember anything else that happened in this piece of legislation, except for the change in the statutory mission.”

Nuclear energy opponents have sharply questioned the act’s NRC mission realignment section. Their opposition indicates the importance and the value of the provision in the national effort to more promptly deploy nuclear energy facilities.

In a piece published in the Montgomery County Sentinel, Karl Grossman provided reactions to the ADVANCE Act from a host of historically antinuclear groups and individuals, some of whom were most upset by the mandate given to the NRC.

Senator Ed Markey testified against the Act during the Senate floor debate, aiming particularly at the mission realignment section. He revealingly stated that the “Commission’s duty is to regulate, not facilitate.”

He is correct in noting that the new mission effectively tells the NRC to facilitate nuclear energy development, but wrong in implying that regulators shouldn’t facilitate the technology that they are assigned to regulate. FDA (Food and Drug Administration) staffers help us all retain access to both food and medicinal drugs while the staff members at the FAA (Federal Aviation Administration) work hard to ensure that air travel is both safe and available.

Dr. Ed Lyman of the UCS, provided the following comment.

“The change to the NRC’s mission effectively directs the agency to enforce only the bare minimum level of regulation at every facility it oversees across the United States.”

Leaving out his emotionally laden modifiers, Dr. Lyman is correct in noting that the change essentially directs the NRC to impose the minimum necessary level of regulation. Safety rules should be viewed as a “pass-fail” assignment. If they are good enough, there is no reason to raise the bar, especially when the claimed improvement is in a calculated probability that is already tiny. Layered requirements do little or nothing but they inevitably increase costs.

How does changing the mission improve prospects for advanced nuclear energy?

The Nuclear Regulatory Commission has always attracted talented, well-educated, service-minded employees. Most of them are dedicated to mission accomplishment but they have been culturally encouraged to believe their safety mission should be interpreted as avoiding all appearances of favoring the use of nuclear energy. The Advance Act revises the mission to align with the societal need for nuclear; it will change the culture.

Applicants should find a new, more helpful attitude emerging among regulators. Instead of assiduously avoiding advice that might be classified as “consulting” to the benefit of industry, they might offer their expertise and guidance with the goal of improving regulatory efficiency and the overall safety performance of the project being reviewed.

Junior NRC staff members have expressed serious concerns about climate change and air pollution as reasons why they became interested in nuclear energy. They understand how data show that most of the energy not produced by nuclear power will be produced by burning fossil fuels. The change in law provides a tool that enables them to resist negative influence from longer serving staff members who habitually avoid facilitating nuclear power.

Nuclear energy opponents have asserted that regulating without imposing unnecessary limits is simply a way to increase industry profits and improve the financial health of its investors, but they say that as if it is a bad thing.

They don’t like nuclear energy, often for competitive or ideological reasons. They know that profits and investor returns will attract the skills and resources that are required to make nuclear energy flourish. They prefer to starve the industry and are willing to forgo the environmental, health, safety and security benefits associated with a vibrant, growing clean nuclear energy industry.

The rest of us aren’t willing to give up the benefits, especially when decades worth of experience has shown us that nuclear energy risks are lower than those associated with available replacement power sources.

Regulatory efforts that eliminate unnecessary limits will help nuclear project deployers overcome some of the few credible concerns remaining about expanding the use of nuclear energy. It’s true that nuclear plants cost too much and take too long between planning and project completion.

A mission-driven regulator that protects health and safety while recognizing the relatively larger human costs and environmental risks associated with competitive energy sources will enable fission power to increase its role in addressing all facets of the energy trilemma – energy security, energy equity and environmental sustainability.

An exciting, growing, problem-solving and respected industry will attract an increasing flow of talented people who can develop the skills needed to reinforce the industry’s growth potential.

Nuclear plants use the same power conversion technology as fossil fuel plants, but they have recently been costing several multiples more in Western countries. There are no good reasons for that situation to continue to be true.

If bureaucratic inertia prevents the mission realignment directive from producing the intended results, the Advance Act’s language provides licensees a tool for challenging NRC impositions when a legal case can be made that NRC regulations or processes “unnecessarily limit” the use of nuclear energy.

Though it’s not blindingly obvious, giving the NRC a new sense of mission will make a global impact. The US Nuclear Regulatory Commission has a well-earned reputation as being the world’s most influential nuclear regulator. Its altered focus and processes will inspire improvements elsewhere.

Additional features of the ADVANCE Act

Even though it has the potential for outsized impact, the word count of the “mission realignment” portion of the Advance Act is a minor fraction of the act itself. There are additional useful features and provisions of the important new law.

The Advance Act gives the NRC increased responsibilities in international nuclear regulations and trade, reduces fees for advanced reactor license applicants, establishes prizes for the first of a kind licenses in five different categories, delineates some considerations for licensing reactors for nonelectric applications, directs the preparation for licensing demonstration reactors on DOE or other national security sites, mentions fusion energy, requires new considerations and processes related to nuclear plant siting choices, establishes timelines for combined license application reviews, requires regulatory provisions for micro-reactors, modifies prohibitions on foreign ownership of nuclear power plants, directs a report on advanced manufacturing for nuclear energy projects, seeks to improve the process of qualifying advanced and accident tolerant nuclear fuels, authorizes special hiring authority and requires improvements in nuclear reactor environmental reviews.

The Clean Air Task Force issued a press release with the following comment on the importance of the Act.

“As we continue to decarbonize our nation’s energy system and address growing energy demand, we need all options available and nuclear energy will play an important role in making sure we are able to meet these challenges.  The passage of the ADVANCE Act will bolster the United States’ ability to expand its capacity for this carbon-free, always available energy source,” said Evan Chapman, U.S. Federal Policy Director at Clean Air Task Force. “Nuclear energy has bipartisan support, and has a range of economic, national security, and climate benefits. This bill will address current barriers to deploying innovative nuclear energy technologies, help preserve existing nuclear capacity, and build capacity at the Nuclear Regulatory Commission, marking a significant step forward for American nuclear energy leadership. We applaud Congress for passing this important legislation and look forward to President Biden’s signature to turn this act into law.”

Sources

You can find more detailed information about the rest of the act from these excellent sources.

  1. SIGNED: Bipartisan ADVANCE Act to Boost Nuclear Energy Now Law, Senate Committee on Environment & Public Works, July 9, 2024.
  2. Rodgers, Pallone, Carper, Capito Celebrate Signing of Bipartisan Nuclear Energy Bill, the ADVANCE Act, July 9, 2024.
  3. The White House, Bill Signed S. 870, July 9, 2024.
  4. The ADVANCE Act—Legislation Crucial for a U.S. Nuclear Renaissance—Clears Congress. Here's a Detailed Breakdown by Sonal Patel, Power Magazine June 20, 2024
  5. Congress Passes ADVANCE Act to Facilitate U.S. Development of Advanced Nuclear Reactors Sidley Austin LLP, June 26, 2024

July 9, 2024

The ADVANCE Act becomes law

President Biden has signed S. 870 into law, the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act, which is bipartisan legislation that will provide a major boost to the future of nuclear energy in America.

SIGNED: Bipartisan ADVANCE Act to Boost Nuclear Energy Now Law

Newspaper articles are not yet out, so the following comes directly from the Senate Committee on Environment & Public Works Minority press release, issued jointly by Senate EPW leaders and House Commerce Committee leaders upon the signing of the legislation by President Biden. (For Nucleation Capital's reaction, please read "Biden Signs the ADVANCE Act," which is available on our blog.)

WASHINGTON, D.C. – Today, the president signed into law the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act, bipartisan legislation to provide a major boost to the future of nuclear energy in America.

U.S. Senator Shelley Moore Capito (R-W.Va.), Ranking Member of the Senate Environment and Public Works (EPW) Committee, EPW Chairman Tom Carper (D-Del.), U.S. Rep. Cathy McMorris Rodgers (R-Wash.-05), Chair of the House Energy and Commerce (E&C) Committee, and U.S. Rep. Frank Pallone, Jr. (D-N.J.-06), Ranking Member of the House Energy and Commerce Committee, released the below statements celebrating the enactment of the bipartisan bill (S.870), which passed the Senate by a vote of 88-2 and passed the House by a vote of 393-13.

“With the ADVANCE Act being signed into law, we secured a landmark win for the future of nuclear energy here in America,” EPW Ranking Member Capito said. “Getting substantive, bipartisan policy across the finish line isn’t always easy, but this is the result of years of work to build widespread consensus about the benefits of advanced nuclear reactors to our electric grid, economy, and environment. I’m thrilled the ADVANCE Act is now law to enable the deployment of new nuclear and help keep the United States as the world’s nuclear energy leader.”

“Today is a momentous day for our climate and America’s clean energy future,” EPW Chairman Carper said. “The urgency of the climate crisis demands a swift transition to cleaner energy sources, and fortunately the ADVANCE Act helps us to do just that. This bipartisan law will strengthen our energy and national security, lower greenhouse gas emissions and create thousands of new jobs, while ensuring the continued safety of this zero-emissions energy source. I’m thankful to each of my colleagues and their staffs who helped write, pass and deliver this bill to the President’s desk.”

“The Energy and Commerce Committee has a rich history of advancing major bipartisan solutions, and I’m extremely proud that our years of hard work to strengthen American nuclear energy have paid off with this significant legislation that will improve energy reliability and reduce costs for American families and businesses,” E&C Chair McMorris Rodgers said. “This is a major victory for the American people and will help cement U.S. energy leadership for decades to come. I want to thank everyone who has worked tirelessly to get this legislation signed into law, especially the Chair of our Energy Subcommittee and bill author Rep. Jeff Duncan.”

“Nuclear power plays an important role in producing carbon-free power for our electric grid, and now our nuclear industry will have the framework it needs to strengthen America’s energy leadership,” E&C Ranking Member Pallone said. “By ensuring we can deploy safer and more reliable nuclear power, the ADVANCE Act will help combat our dependence on dirty fossil fuels, strengthening our energy independence and securing our economic security.  I’m grateful to have worked alongside my colleagues to get this across the finish line.”

The ADVANCE Act will:

  • Facilitate American Nuclear Energy Leadership by:
    • Empowering the Nuclear Regulatory Commission (NRC) to lead in international forums to develop regulations for advanced nuclear reactors.
    • Directing the Department of Energy (DOE) to improve its process for approving the export of American technology to international markets, while maintaining strong standards for nuclear non-proliferation.
  • Support Development and Deployment of New Nuclear Energy Technologies by:
    • Reducing regulatory costs for companies seeking to license advanced nuclear reactor technologies.
    • Creating a prize to incentivize the successful deployment of next-generation reactor technologies.
    • Requiring the NRC to develop a pathway to enable the timely licensing of microreactors and nuclear facilities at brownfield and retired fossil-fuel energy generation sites.
    • Directing the NRC to establish an accelerated licensing review process to site and construct reactors at existing nuclear sites.
  • Preserve Existing Nuclear Energy by:
    • Modernizing outdated rules that restrict international investment.
  • Strengthen America’s Nuclear Energy Fuel Cycle and Supply Chain Infrastructure by:
    • Directing the NRC to enhance its ability to qualify and license accident-tolerant fuels and advanced nuclear fuels that can increase safety and economic competitiveness for existing reactors and the next generation of advanced reactors.
    • Tasking the NRC to evaluate advanced manufacturing techniques to build nuclear reactors better, faster, cheaper, and smarter.
  • Improve Commission Resources and Efficiency by:
    • Providing flexibility for the NRC to better manage and invest its resources in activities that support NRC’s modernization efforts and address staffing issues.
    • Providing the NRC Chair the tools to hire and retain exceptionally well-qualified individuals to successfully and safely review and process applications for advanced nuclear reactor licenses.
    • Requiring the NRC to update its Mission Statement to reflect modern beneficial use of nuclear material and energy.
    • Mandating the NRC to establish a licensing structure to support an efficient, timely, and predictable regulatory review.
    • Charging the NRC to streamline the NEPA environmental review process.
Sources

You can find more detailed information about the rest of the act from these excellent sources.

  1. SIGNED: Bipartisan ADVANCE Act to Boost Nuclear Energy Now Law, Senate Committee on Environment & Public Works, July 9, 2024.
  2. Rodgers, Pallone, Carper, Capito Celebrate Signing of Bipartisan Nuclear Energy Bill, the ADVANCE Act, July 9, 2024.
  3. The White House, Bill Signed S. 870, July 9, 2024.
  4. The ADVANCE Act—Legislation Crucial for a U.S. Nuclear Renaissance—Clears Congress. Here's a Detailed Breakdown by Sonal Patel, Power Magazine June 20, 2024
  5. Congress Passes ADVANCE Act to Facilitate U.S. Development of Advanced Nuclear Reactors Sidley Austin LLP, June 26, 2024

June 18, 2024

Congress overwhelmingly passes the ADVANCE Act

By a vote of 88 to 2, the Congress overwhelmingly passed the reconciled ADVANCE Act (S. 870) in a powerful, bipartisan show of support for advanced nuclear power, accelerating deployments and bringing the NRC into the 21st century, so it can enable and support the growth of next-generation nuclear energy. 

Alexander C. Kaufman, writing in the Huffington Post, called the ADVANCE (Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy) Act "the biggest clean-energy bill since Biden's climate law." What it really is, is legislation designed to "reverse the American nuclear industry’s decades-long decline and launch a reactor-building spree to meet surging demand for green electricity at home and to catch up with booming rivals overseas." And, according to Diana DeGette (D-Colo.), a “much needed modernization of our nuclear regulatory framework.”

There are a number of very important provisions in the bill but, one of the most important is the provision which tasks the NRC with rewriting its mission statement so as to avoid unduly limiting nuclear and thereby preventing efforts to allow society to benefit from its clean power. The bill also reduces the fees charged to developers and helps speed up the process for licensing new reactors, hiring key staff and coordinating with foreign regulators to speed deployments.

The passage of the ADVANCE Act continues a long-term trend of strong bipartisan unity on nuclear-related bills, demonstrating agreement by Democrats and Republicans on the importance of expanding clean and reliable energy. The House of Representatives had previously passed its corresponding legislation by a vote of 365 to 36, strengthening and expanding upon the version passed back in July by the Senate.

“Republicans and Democrats recognize the development of new nuclear technologies is critical to America’s energy security and our environment,” Sen. Shelley Moore Capito (R-W.Va.), the bill’s lead sponsor, said on the Senate floor Tuesday evening. “Today, nuclear power provides about 20% of our nation’s electricity. Importantly, it’s emissions-free electricity that is 24/7, 365 days a year.”

“This bipartisan policy creates the framework for companies to start building that order book for a second project and a third project and ultimately get the NRC ready to license dozens per year,” said Nicholas McMurray, the managing director of international and nuclear policy at energy policy group ClearPath.

The ADVANCE Act is specifically tailored to boost the next generation of reactors being designed now, that are not currently in commercial production in the U.S. Some of these newer designs will be migrating away from water cooling and will use other types of coolants, such as liquid metal or high-temperature gas, which have a range of benefits, such as enhanced safety, allowing reactors to run on different types of fuel, producing less waste and being able to operate at higher temperatures and be sized to suit the needs of users in more settings than a traditional nuclear plant.

In recognition of these so-called fourth-generation reactor models’ unique uses and the urgency of bringing these designs to market, the bill authorizes the Department of Energy to give out financial awards to the first companies to meet specific goals, such as using fuel made from recycled nuclear waste or generating heat that could be used for industrial process heat, rather than electricity production.

Given that the Biden-Harris Administration has just announced steps to bolster the domestic nuclear industry and advance America's Clean Energy Future, it seems highly likely that Biden will sign the legistlation. Meanwhile, the DOE has also just announced that it has allocated an additional $900 million to accelerate the deployment of next-generation small modular reactors.

Together, these actions amount to laying the foundation necessary to help America finally compete with Russia and China. Speaking in support of the legislation Tuesday, Senate Majority Leader Chuck Schumer (D-N.Y.) said the bill would “support job growth, clean energy and leadership while preserving the NRC’s fundamental safety mission.'

Sources

The Huffington Post, "Congress Just Passed The Biggest Clean-Energy Bill Since Biden's Climate Law:It's all on nuclear," by Alexander C. Kaufman June 20, 2024.

DOE Fact Sheet: Biden-Harris Administration Announces New Steps to Bolster Domestic Nuclear Industry and Advance America’s Clean Energy Future, May 29th, 2024.

Office of Nuclear Energy, Enhanced Safety of Advanced Reactors, 2024.

DOE Announces $900 Million to Accelerate the Deployment of Next-Generation Light-Water Small Modular Reactors, June 17, 2024

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