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.

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.
Bloomberg, US Economy Will Suffer If IRA Repealed, Solar Maker CEO Says, by Mark Chediak, Oct. 22, 2024.
Politico E&E News, Trump cites cost and risks of building more nuclear plants, by Nico Portuondo, Francisco "A.J." Camacho, Oct. 29, 2024.
Huffington Post, Donald Trump Takes A Skeptical View Of Nuclear Energy On Joe Rogan’s Podcast, by Alexander Kaufman, Oct. 27, 2024
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.
Joint Economic Committee, How Project 2025's Health, Education, and Climate Policies Hurt Americans, August 2024.
FactCheck.org, Trump Clings to Inaccurate Climate Change Talking Points, Jessica McDonald, Sept. 9, 2024.
New York Times, Trump Will Withdraw U.S. From Paris Climate Agreement, Michael D. Shear, June 1, 2017
Cipher: Here's how cleantech stacks up in three swing states: Taking stock of Michigan, Pennsylvania and Wisconsin, Sept. 3, 2024.
Bloomberg Green, Climate Politics: Double-Punch Storms Thrust Climate Into the US Presidential Race, by Zahra Hirji, Oct. 11, 2024.
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
Bloomberg, The Donald Trump Interview Transcript (with quote "Green New Scam"), July 16, 2024.
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.
The New Republic, Trump Pushes Deranged Idea that Climate Change is Good for Real Estate, by Robert McCoy, Sept. 18, 2024.
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.
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.
CNN: Fact check: Tramp's latest false climate figure is off by more than 1,000 times, by Daniel Dale, April 2023.
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.
SIGNED: Bipartisan ADVANCE Act to Boost Nuclear Energy Now Law, Senate Committee on Environment & Public Works, July 9, 2024.
Rodgers, Pallone, Carper, Capito Celebrate Signing of Bipartisan Nuclear Energy Bill, the ADVANCE Act, July 9, 2024.
The White House, Bill Signed S. 870, July 9, 2024.
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
Sidley Austin LLP, Congress Passes ADVANCE Act to Facilitate U.S. Development of Advanced Nuclear Reactors, June 26, 2024.

July 9, 2024

Biden Signs the ADVANCE Act

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

(Click to expand)

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.

SIGNED: Bipartisan ADVANCE Act to Boost Nuclear Energy Now Law, Senate Committee on Environment & Public Works, July 9, 2024.
Rodgers, Pallone, Carper, Capito Celebrate Signing of Bipartisan Nuclear Energy Bill, the ADVANCE Act, July 9, 2024.
The White House, Bill Signed S. 870, July 9, 2024.
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
Congress Passes ADVANCE Act to Facilitate U.S. Development of Advanced Nuclear Reactors Sidley Austin LLP, June 26, 2024

Published by Rod Adams in Advanced Nuclear, Biden-Harris Administration, Brilliant thinkers, Energy abundance, Future of Energy, Government support, History Timeline, History-making, NEWS, Nuclear competitiveness, Nuclear innovation, Regulatory reform, US competitiveness, US technological leadership

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.

SIGNED: Bipartisan ADVANCE Act to Boost Nuclear Energy Now Law, Senate Committee on Environment & Public Works, July 9, 2024.
Rodgers, Pallone, Carper, Capito Celebrate Signing of Bipartisan Nuclear Energy Bill, the ADVANCE Act, July 9, 2024.
The White House, Bill Signed S. 870, July 9, 2024.
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
Congress Passes ADVANCE Act to Facilitate U.S. Development of Advanced Nuclear Reactors Sidley Austin LLP, June 26, 2024

Published by Nucleation Capital in Advanced Nuclear, Biden-Harris Administration, Brilliant thinkers, Climate policy, Energy abundance, Energy transition, Future of Energy, Government support, History Timeline, History-making, LINKS, Nuclear competitiveness, Nuclear innovation, Nuclear Regulatory Commission, Regulatory reform, US competitiveness, US technological leadership, Zero emission energy

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

Published by Nucleation Capital in Advanced Nuclear, Biden-Harris Administration, Brilliant thinkers, Climate policy, Energy abundance, Energy transition, Future of Energy, Government support, History Timeline, History-making, LINKS, Nuclear competitiveness, Nuclear innovation, Regulatory reform, Solving climate, US competitiveness, US technological leadership, Zero emission energy

June 9, 2023

Rani Franovich: Former NRC regulator and reactor safety consultant

Rani Franovich is an independent consultant on commercial reactor safety and security. She advises clients and policy makers on regulatory oversight, safety and environmental licensing reviews, national energy policy, and legislative opportunities to drive regulatory modernization.

Before consulting, Rani enjoyed an accomplished 30-year career in public service with the U.S. Nuclear Regulatory Commission (NRC). She is a qualified NRC inspector and spent six years as a resident inspector at the Catawba Nuclear Station in York, SC, where she acquired integrated knowledge of plant operations. Thereafter, she served in a variety of leadership roles at the NRC and was a member of its response team to the March 2011 Fukushima Daiichi nuclear accident.

As a regulator Rani cultivated broad and deep knowledge of inspection, oversight, licensing (both safety and environmental reviews), enforcement, allegations, safety culture, emergency preparedness, incident response, nuclear security, and organizational culture change. She completed executive education in the strategic management of regulatory and enforcement agencies at the Harvard Kennedy School, and in the National Environmental Policy Act at the Nicholas School of the Environment, Duke University. Rani earned an Executive Ethical Leadership Certificate from the Institute for Ethical Leadership, Rutgers Business School, and she advocates for increased representation, diversity and inclusion of women and minorities in science, technology, engineering, and mathematics (STEM fields). She also served as a senior policy advisor for nuclear energy innovation at an independent global research center.

Active with the American Nuclear Society (ANS), Rani is Secretary of the Advance Reactor Working Group and a member of the Risk-informed, Performance-based Principles and Policy Committee (RP3C). Considered an expert in risk-informed, performance-based methods, in August 2022 Rani proposed an alternative conceptual framework to NRC’s preliminary reactor licensing regulations in 10 CFR Part 53. She has spoken and written about these and other regulatory matters during live, recorded, and printed media interviews; at NRC-sponsored Regulatory Information Conferences; in YouTube webinar videos and ANS Communities of Practice; in letters, written comments and presentations to NRC staff; at nuclear advocacy conferences; and as a speaker during thought leadership events.

Rani is a graduate of Virginia Tech where she earned a Master of Science in Industrial and Systems Engineering, a Bachelor of Science with double majors in Psychology and English, and a minor in Sociology. She is a frequent writer, commenter, and public speaker about nuclear safety and regulatory modernization. An occasional guest lecturer at Virginia Tech, she discusses her career path and perspectives on regulation, advocacy, ethics and leadership.

Published by Nucleation Capital in ADVISORS

March 28, 2022

Kristine Svinicki

Kristine Svinicki was first appointed to the United States Nuclear Regulatory Commission (U.S. NRC) in 2008 by President Obama. She was then re-appointed to that role by three successive United States presidents. She was designated Chairman of the U.S. Nuclear Regulatory Commission by President Donald J. Trump on January 23, 2017. By the time Svinicki stepped down as Chairman of the NRC in early 2021, she had become the longest-serving member in the agency’s history. Hallmarks of her distinguished tenure include growing a culture of “swing for the fences” transformative thinking in agency processes and advancing the use of previously untapped technologies to surmount the challenges of the COVID-19 public health emergency and deliver sustained assurance of nuclear safety and security to the American public.

Prior to her appointment to the U.S. NRC, Svinicki served as an expert and policy advisor for over a decade to members of the United States Senate on topics ranging from energy to national security. She previously managed nuclear research and development programs at the U.S. Department of Energy and worked as an energy analyst for the State of Wisconsin.

Sviniki is an internationally recognized policy expert and innovator with over 30 years of public service at the state and federal levels and in both the legislative and executive branches. Before joining the NRC, Svinicki spent over a decade as a staff member in the United States Senate advancing a wide range of policies and initiatives related to national security, science and technology, and energy and the environment. She also served as a professional staff member on the Senate Armed Services Committee where she was responsible for the Committee's portfolio of defense science and technology programs and policies, and for the atomic energy defense activities of the U.S. Department of Energy, including nuclear weapons, nuclear security, and environmental programs.

Previously, Svinicki worked as a nuclear engineer in the U.S. Department of Energy's Washington, D.C. Offices of Nuclear Energy, Science and Technology, and of Civilian Radioactive Waste Management, as well as its Idaho Operations Office, in Idaho Falls, Idaho. Before that, she was an energy engineer with the State of Wisconsin at the Wisconsin Public Service Commission in Madison, Wisconsin.

Born and raised in Michigan, Svinicki earned a bachelor's degree in nuclear engineering from the University of Michigan in 1988. She is a longstanding member of the American Nuclear Society and the Society has twice honored her with its Presidential Citation in recognition of her contributions to the nuclear energy policies of the United States. Chairman Svinicki was named Woman of the Year by the Women's Council on Energy and the Environment in 2013. She was selected as a Stennis Congressional Fellow of the 108th Congress and as a Brookings Institution Legis Congressional Fellow in 1997. She has been honored by the University of Michigan College of Engineering as its 2009 Alumni Merit Award recipient for Nuclear Engineering and Radiological Sciences and, in 2017, was awarded the College's Alumni Medal.

She was selected as a Brookings Institution Fellow in 1997 and as a John C. Stennis Congressional Fellow of the 108th U.S. Congress.

Svinicki is currently an Adjunct Professor of Nuclear Engineering and Radiologic Sciences at the University of Michigan and sits on the boards of TerraPower and Southern Company.

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Sources:

US Nuclear Regulatory Commission: Chairman Kristine Svinicki
TerraPower: Kristine Svinicki
Southern Company: Kristine L. Svinicki

Published by editor in Brilliant thinkers, History-making, Nuclear R&D, Nuclear Regulatory Commission, Women in Nuclear, WOMEN IN NUCLEAR GRID

January 31, 2022

Is the NRC hostile towards innovators?

Robert Bryce writing in Forbes, raises the question . . . though in not so many words. Comparing the NRC's treatment of Oklo to the galloping progress that the Chinese are making with their own industry to build new advanced designs, Bryce suggests that it is the NRC's rather hostile attitude towards our advanced nuclear innovators that is holding back American competitiveness in the design and commercialization of Advanced Reactors.

Proof, he suggests, came in early January when the Nuclear Regulatory Commission rejected Oklo Power LLC’s application to build and operate a 1.5-megawatt fast reactor in Idaho. It wasn't exactly the decision to reject the application so much as the rather abrupt and even hostile tactic the agency used, which was not to communicate with the company but to publish the dismissal without indicating its intention to the company. This display of disfunctional behavior is clearly why, as Bryce claims,

"China is beating the pants off the United States in the race to deploy next-generation nuclear reactors. Wait. That's not quite true. To have a race, the competitors have to be assembled at a starting line. The hard truth for the U.S. nuclear sector is that bureaucratic inertia is preventing it from even approaching the starting line."

Bryce cites Nucleation Managing Partner, Rod Adams, in explaining that the NRC had accepted Oklo's 600 page application back in June of 2020. They were well aware, when they did that, that Oklo's application was not like traditional or even modular lightwater applications, which had most recently clocked in at over 12,000 pages. Then, the NRC proceeds to work through the application with Oklo for 22 months, billing the company at a high hourly rate for that work, and routinely asking for additional items. At that point, they suddenly switch course and, out of the blue, feel the need to pronounce "Oh, hell, you're missing stuff that we want to see, so we're just done and denying this application."

I'm sorry, that's just the wrong on so many levels. That is not the way to work productively with a group that you also make clear, you expect to work together with again. Wow, it is difficult not to believe that there is much more going on within the NRC that is broadly disfunctional when they treat a group like Oklo that way. Not to mention that they obviously have no understanding of the way that private ventures and their investors work.

More importantly, the NRC's action evidences the fact that they utterly fail to recognize that climate change is operating at a scale of threat to humanity that is several magnitudes worse than any possible risk from Oklo's 1.5 MW design. The whole world need more clean energy solutions, with next-gen nuclear being the one with the best chances of scaling up in time. The NRC does not seem to realize at all that If American developers cannot get their designs licensed, the 150 or so nations seeking to increase the access to nuclear power will purchase designs offered them by Russia or China.

One can only hope that the Biden Adminstration, which has placed Advanced Nuclear on its Critical and Emerging Technologies List, takes these legacy NRC blinder issues under advisement when it selects new commissioners or nations that are more or less hostile towards American interests, will eat our lunch.

Read Bryce's piece in Forbes, NRC's Rejection of Oklo Application Shows US is Miles Behind China in Advanced Nuclear Reactors, by Robert Bryce, published Jan. 31, 2022.

Published by Nucleation Capital in Advanced Nuclear, Future of Energy, Government support, LINKS, Nuclear competitiveness, Nuclear innovation, Regulatory reform, Solving climate, US competitiveness, US technological leadership

March 27, 2019

N.E.L.A. reintroduced, Bill Gates “thrilled”

Bill Gates wrote: “I’m thrilled that senators from both sides of the aisle have come together to support advanced nuclear. This is exactly the kind of leadership our country needs to both solve the climate challenge and reassert our leadership in this important industry,” in response to the re-introduction of the Nuclear Energy Leadership Act (NELA), submitted on March 27th, 2019 by a group of 15 senators led by Senator Lisa Murkowski of Alaska.

NELA, a bipartisan bill that would encourage further development of advanced nuclear energy programs that would help create high-quality jobs, strengthen national security, reduce foreign energy dependence, and promote emissions-free energy, was also introduced to the House in June 2019, by Congresswoman Elaine Luria (VA-02), Denver Riggleman (VA-05), Congressman Conor Lamb (PA-17), and Congressman Rob Wittman (VA-01).

“As an engineer who operated nuclear reactors on aircraft carriers, I know that ensuring a thriving civilian nuclear industry is vital not only for our economy, but for our national security,” Congresswoman Luria said. “Nuclear energy must be part of any solution to transitioning to a clean energy future because nuclear power provides over 55% of our carbon-free energy. That’s why I’m proud to reach across the aisle and introduce this critical bipartisan bill.”

“Yesterday, a bipartisan group of leaders in the US Senate introduced the Nuclear Energy Leadership Act, which establishes an ambitious plan to accelerate the development of advanced nuclear reactor technologies,” Bill Gates tweeted. “I can’t overstate how important this is,” he said.

The draft bill was formally introduced to the Senate by Murkowski on behalf of herself and Senators Cory Booker, James Risch, Joe Manchin, Mike Crapo, Lamar Alexander, Sheldon Whitehouse, Cory Gardner, Chris Coons, Dan Sullivan, Tammy Duckworth, Lindsay Graham, Michael Bennet, Shelley Moore Capito, and Rob Portman. It directs the US Secretary of Energy “to establish advanced nuclear goals, provide for a versatile, reactor-based fast neutron source, make available high-assay, low-enriched uranium for research, development, and demonstration of advanced nuclear reactor concepts, and for other purposes”.

Read SightlineU308's "Bill Gates ‘thrilled’ by legislative boost for nuclear" for more on Gate's response and read here for more about the Nuclear Energy Innovation Modernization Act.

Published by Nucleation Capital in Future of Energy, Government support, LINKS, Nuclear competitiveness, Nuclear innovation, Nuclear R&D, Philanthropic support for nuclear, Politicians supporting nuclear, Regulatory reform

January 14, 2019

NEIMA becomes law

Senate Bill 512, the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215; Public Law 115-439) reforming NRC processes to better adapt to Advanced Nuclear, was signed into law on January 14, 2019 with bi-partisan co-sponsors and overwhelming support (voice votes only) in both the House and Senate.

Summary: The Nuclear Energy Innovation and Modernization Act directs the Nuclear Regulatory Commission (NRC) to modify the licensing process for commercial advanced nuclear reactor facilities. In addition, the bill amends the Omnibus Budget Reconciliation Act of 1990 to revise how the NRC preserves budgeted funds for conducting and accelerating license reviews of commercial advanced nuclear reactor facilities.

The NRC must implement a licensing process that is designed to be predictable and efficient while conforming to existing NRC regulatory guidelines. The Department of Energy (DOE) must provide cost sharing grants to license applicants for the purpose of funding a portion of the NRC review fees. The NRC must also develop a new technology-inclusive, regulatory framework by the end of 2024 that encourages greater technological innovation for the advanced nuclear reactor program.

The NRC must publish necessary revisions to the guidance on the baseline examination schedule and any subsequent examinations for baffle-former bolts in pressurized water reactors with down-flow configurations.

The NRC may issue licenses for utilization facilities that are used in conducting research and development activities related to nuclear energy. The NRC must report to Congress on the status of the licensing process for accident tolerant fuel.

The NRC must: (1) report to Congress on the safety and feasibility of extending the duration of uranium recovery licenses from 10 to 20 years, and (2) complete a voluntary pilot program to determine the feasibility of establishing a flat fee structure for routine licensing matters relating to uranium recovery.

DOE must issue a long-term federal excess uranium inventory management plan at least every 10 years that details the management of DOE excess uranium inventories.

Published by Nucleation Capital in Future of Energy, Government support, History Timeline, LINKS, Nuclear competitiveness, Nuclear innovation, Nuclear R&D, Politicians supporting nuclear, Regulatory reform