Capito, NRC staff clash over nuclear law implementation

The article is behind a pay wall, so I could only extract the first bit. But it sounds like OGC is interpreting the provision of the ADVANCE Act s: that it does not actually amend the provisions of the Atomic Energy Act and the Energy Reorganization Act of 1974 to change the NRC's statutory directives and responsibilities. If OGC's interpretation of the law is the same as mine, we're both probably in the ballpark. 
 
Changing the NRC's public mission statement is a matter of public relations. The trouble is, what the ADVANCE Act requires is that NRC advertise its mission in a way that contradicts the NRC's statutory authorities and duties. And that will only confuse the public about what the NRC is supposed to do and provide more opportunity for the industry and its government backers to beat up on the agency and weaken its ability to exercise its duties to protect public health and safety.
 
Sen. Capito's trying to have her cake and eat it: she and the other sponsors knew it was too controversial to actually amend the NRC's statutory mission, so they opted to do it cosmetically. This is just the first example of how the industry's Congressional backers will be able to use the ADVANCE Act to heap more political pressure on NRC and further undermine nuclear safety.
 
 

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

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.

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. ...

 

Tim Judson
Executive Director
Nuclear Information and Resource Service
6930 Carroll Avenue, Suite 340
Takoma Park, MD  20912
Pronouns: he/him/his
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