Capito, NRC staff clash over nuclear law implementation

By Nico Portuondo | 10/28/2024 06:31 AM EDT

One of the ADVANCE Act’s authors is taking issue with how Nuclear Regulatory Commission staff is interpreting a contentious provision.

Sen. Shelley Moore Capito (R-W.Va.) speaks with reporters.

Senate Environment and Public Works ranking member Shelley Moore Capito (R-W.Va.), one of the sponsors of this year's law to promote nuclear energy, speaking with reporters at the Capitol. Francis Chung/POLITICO

Senate Environment and Public Works ranking member Shelley Moore Capito is at odds with Nuclear Regulatory Commission staff about a law she helped write.

Last week, Office of the General Counsel released a recommendation regarding how the agency should handle a provision in the ADVANCE Act to widen the agency’s mission statement. It’s one of the most debated parts of the law.

President Joe Biden signed the ADVANCE Act in July to promote the next generation of nuclear reactors. It requires the NRC to adjust its mission statement to ensure the licensing process does “not unnecessarily limit” the benefits of nuclear energy to society.

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But NRC’s general counsel says the law doesn’t actually alter the agency’s nonpromotional status or its mission to protect public health and safety, and it does not require the agency to take into account broader societal benefits of nuclear energy.

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