Nuclear Energy: Overview Of Congressional Issues

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Nuclear Energy:Overview of Congressional IssuesUpdated July 16, 2020Congressional Research Servicehttps://crsreports.congress.govR42853

Nuclear Energy: Overview of Congressional IssuesSummaryThe policy debate over the role of nuclear power in the nation’s energy mix is rooted in thetechnology’s fundamental characteristics. Nuclear reactors can produce potentially vast amountsof useful energy with relatively low consumption of natural resources and emissions ofgreenhouse gases and other pollutants. However, facilities that produce nuclear fuel for civilianpower reactors can also produce materials for nuclear weapons. In addition, the process of nuclearfission (splitting of atomic nuclei) to generate power produces radioactive material that canremain hazardous for thousands of years and must be contained. How to manage the weaponsproliferation and safety risks of nuclear power, or whether the benefits of nuclear power are worththose risks, are issues that have long been debated in Congress.The 95 licensed nuclear power reactors at 57 sites in the United States generate about 20% of thenation’s electricity. Two new reactors are currently under construction. About a dozen more areplanned, but with no specific construction dates. Whether they will eventually move forward willdepend largely on their economic competitiveness with natural gas and renewable energy sources.Similar economic forces are affecting existing reactors. Ten U.S. reactors were permanentlyclosed from 2013 through April 2020, and five more are planned for closure through the mid2020s.The Department of Energy (DOE) and its predecessor agencies for decades have conductedresearch on “advanced” reactor technologies, such as fast neutron reactors, that would differsignificantly from existing commercial nuclear plants and potentially be far smaller. Proponentsof advanced reactors contend that they would be safer, more efficient, and less expensive to buildand operate than today’s conventional light water reactors (LWRs).Highly radioactive spent nuclear fuel that is regularly removed from nuclear power plants iscurrently stored at plant sites in the United States. Development of a permanent undergroundrepository at Yucca Mountain, NV, was suspended by the Obama Administration. The TrumpAdministration requested funding for FY2018, FY2019, and FY2020 to revive the program, but itwas not approved by Congress. The Administration is not seeking Yucca Mountain programfunding for FY2021.The Obama Administration had appointed the Blue Ribbon Commission on America’s NuclearFuture to recommend an alternative approach to the Nuclear Waste Policy Act’s focus on YuccaMountain for permanent high-level waste disposal. In response to the commission’srecommendations, DOE issued a waste strategy in January 2013 that called for the selection ofnew candidate sites for nuclear waste storage and disposal facilities through a “consent-based”process and for a surface storage pilot facility to open by 2021. However, Congress has notenacted legislation for such a strategy, so Yucca Mountain remains the sole authorized candidatesite, despite its lack of funding.The March 2011 disaster at the Fukushima Dai-ichi nuclear power plant in Japan increasedattention to nuclear safety throughout the world. The Nuclear Regulatory Commission (NRC),which issues and enforces nuclear safety requirements, established a task force to identify lessonsfrom Fukushima applicable to U.S. reactors. The task force’s report led to NRC’s firstFukushima-related regulatory requirements on March 12, 2012. Several other countries, such asGermany and Japan, eliminated or reduced their planned future reliance on nuclear power afterthe accident.The level of security that must be provided at nuclear power plants has been a high-profile issuesince the 9/11 terrorist attacks on the United States in 2001. Since those attacks, NRC issued aCongressional Research Service

Nuclear Energy: Overview of Congressional Issuesseries of orders and regulations that substantially increased nuclear plant security requirements,although industry critics contend that those measures are still insufficient.Encouraging exports of U.S. civilian nuclear products, services, and technology while makingsure they are not used for foreign nuclear weapons programs has long been a fundamental goal ofU.S. nuclear energy policy. Recent proposals to build nuclear power plants in several countries inthe less developed world, including the Middle East, have prompted concerns that internationalcontrols may prove inadequate.Congressional Research Service

Nuclear Energy: Overview of Congressional IssuesContentsSynthesis of Key Issues . 1Basic Facts and Statistics. 2Major Nuclear Energy Issues . 4Radioactive Waste . 4Recent Events . 4Recent Congressional Action . 5Other Selected Legislation . 6CRS Reports . 7Additional References . 7Nuclear Plant Economic Viability . 7Recent Events . 9Selected Congressional Action . 11CRS Reports . 11Additional References . 12Advanced Nuclear Technology . 12Recent Events . 13Selected Congressional Action . 14CRS Reports . 16Additional References . 16Safety . 17Recent Events . 17Selected Congressional Action . 18CRS Reports . 19Additional References . 19Security and Emergency Response . 19Recent Events . 20CRS Reports . 20Additional References . 20Nuclear Weapons Nonproliferation . 21Recent Events . 21Selected Congressional Action . 23CRS Reports . 24Other References. 24TablesTable 1. Recent and Announced U.S. Commercial Reactor Shutdowns . 8ContactsAuthor Information. 25Congressional Research Service

Nuclear Energy: Overview of Congressional IssuesSynthesis of Key IssuesThe long-running policy debate over the future of nuclear energy is rooted in the technology’sinherent characteristics. Initially developed for its unprecedented destructive power during WorldWar II, nuclear energy seemed to hold equal promise after the war as a way of providing limitlessenergy to all humanity. International diplomacy has focused ever since on finding institutionalmechanisms for spreading the perceived benefits of nuclear energy throughout the world whilepreventing the technology from being used for the proliferation of nuclear weapons. Much of thisinternational effort is focused on key nuclear fuel cycle facilities—plants for enriching uranium inthe fissile isotope U-235 and for separating plutonium from irradiated nuclear fuel. Such plantscan be used to produce civilian nuclear reactor fuel as well as fissile material for nuclearwarheads.Yet even the use of nuclear power solely for peaceful energy production has proven intrinsicallycontroversial. The harnessing of nuclear fission in a reactor creates highly radioactive materialsthat must be kept from overheating and escaping from the reactor building, as occurred during theaccidents at Fukushima, Chernobyl, and, to a lesser extent, Three Mile Island. Spent nuclear fuelthat is regularly removed from reactors during refueling must be isolated from the environmentfor up to 1 million years. Potential technologies to reduce long-lived nuclear waste throughrecycling usually involve separating plutonium that could be used for nuclear weapons, althoughtechnologies designed to reduce proliferation risks are also the subject of worldwide research anddevelopment efforts. All nuclear energy technologies, even with recycling, would still leavesubstantial amounts of radioactive waste to be stored and disposed of. Central storage anddisposal sites for nuclear waste have proven difficult to develop throughout the world, asillustrated by the long-running controversy over the proposed U.S. waste repository at YuccaMountain, NV.The March 2011 disaster at Japan’s Fukushima Dai-ichi nuclear power plant, which forced theevacuation of areas as far as 30 miles away, has slowed nuclear power expansion plans around theworld, particularly in Japan and Western Europe. However, dozens of new reactors are still beingplanned and built in China, India, Russia, and elsewhere.1 In these areas, nuclear power’s initialpromise of generating large amounts of electricity without the need for often-imported fossilfuels, along with the more recent desire to reduce greenhouse gas emissions, remains acompelling motivation.With 95 licensed reactors, the United States has the largest nuclear power industry in the world.But U.S. nuclear power growth has been largely stagnant for the past two decades, as natural gasand renewable energy have captured most of the market for new electric generating capacity.2Congress enacted incentives for new nuclear plants in the Energy Policy Act of 2005 (P.L. 10958), including production tax credits, loan guarantees, and insurance against regulatory delays.Those incentives, combined with rising natural gas prices and concerns about federal restrictionson carbon dioxide emissions, prompted announcements by late 2009 of up to 30 new nuclearpower reactors in the United States.3 However, subsequent declines in natural gas prices anduncertainty about carbon dioxide controls have put most of those projects on hold. Currently, twoWorld Nuclear Association, “World Nuclear Power Reactors and Uranium Requirements,” May -and-uraniumrequireme.aspx.2 Energy Information Administration, “Natural Gas and Renewables Make Up Most of 2018 Electric CapacityAdditions,” May 7, 2018, https://www.eia.gov/todayinenergy/detail.php?id 36092.3 Nuclear Regulatory Commission, “Expected New Nuclear Power Plant Applications,” updated March 28, .1Congressional Research Service1

Nuclear Energy: Overview of Congressional Issuesnew reactors in Georgia are under construction. Two identical reactors under construction inSouth Carolina were canceled July 31, 2017. An older reactor, Watts Bar 2 in Tennessee, receivedan NRC operating license on October 22, 2015, after construction had been suspended for twodecades and then completed. A variety of incentives to renew the growth of nuclear power havebeen proposed, including a proposal by the Trump Administration to provide additional revenueto nuclear and coal power plants in wholesale electricity markets.Existing U.S. nuclear power plants are facing difficult competition from natural gas andrenewable energy. Ten U.S. reactors were permanently closed from 2013 through April 2020.Three of those units closed because of the need for expensive repairs, two were retired underagreements with state regulators, and five could not compete in their regional wholesaleelectricity markets. The most recent shutdowns were New Jersey’s Oyster Creek plant inSeptember 2018,4 Pilgrim (MA) in May 2019, Three Mile Island (PA) in October 2019, andIndian Point 2 (NY) in April 2020. All 10 units had substantial time remaining on their initial 40year operating licenses or had received or planned to apply for 20-year license extensions fromthe Nuclear Regulatory Commission (NRC). The owners of five additional reactors haveannounced that they will permanently shut down by the mid-2020s (Table 1). The actual andplanned shutdowns have prompted widespread discussion about the future of other aging U.S.reactors.The extent to which the growth of nuclear power should be encouraged in the United States andaround the world will continue to be a major component of the U.S. energy policy debate.Questions for Congress will include the implementation of policies to encourage or discouragenuclear power, post-Fukushima safety standards, development of new nuclear power and fuelcycle technologies, and nuclear waste management strategies.Basic Facts and StatisticsThe 95 licensed nuclear power reactors at 57 sites in the United States generate about 20% of thenation’s electricity. The oldest of today’s operating reactors were licensed in 1969, and the mostrecently licensed was Watts Bar 2 in 2015. The most recent to start up before Watts Bar 2 was itstwin unit, Watts Bar 1, in 1996.5 All U.S. reactors were initially licensed to operate for 40 years,but nearly all of them have received or applied for 20-year license renewals by NRC.6 NRCissued its first “subsequent license renewals,” which allow operation for up to 80 years, to theTurkey Point 1 and 2 reactors in Florida in December 2019. Two more renewals to 80 years, forPeach Bottom 2 and 3 in Pennsylvania, were issued in March 2020. Another two subsequentlicense renewal applications are currently under review, and five more have been announced.7Under the current mixture of 40- and 60- and 80-year licenses, all of today’s operating reactorswould shut down by 2055. If newer reactors such as Watts Bar 1 and 2 eventually were to receivelicense renewals to 80 years, the shutdown date for the existing fleet could be pushed back by two4The New Jersey Department of Environmental Protection issued an administrative consent order on December 9,2010, allowing Oyster Creek to continue running without a cooling tower in return for an agreement by the plant’sowner, Exelon, to retire the plant by the end of 2019, 10 years before the expiration of its NRC operating license. /000119312510277630/dex991.htm.5 Nuclear Regulatory Commission, Information Digest, 2018–2019, NUREG-1350, Volume 30, egs/staff/sr1350/.6 Nuclear Regulatory Commission, “Status of Initial License Renewal Applications and Industry Initiatives,” October9, 2019, enewal/applications.html.7 Nuclear Regulatory Commission, “Status of Subsequent License Renewal Applications,” April 16, ssional Research Service2

Nuclear Energy: Overview of Congressional Issuesdecades or more. However, as noted above, many U.S. reactors have been retired before theirlicense expirations, with five more currently scheduled to do so.Whether new reactors will be constructed to replace the existing fleet or even to expand nuclearpower’s market share will depend largely on costs. The cost of building and operating a newnuclear power plant in the United States is generally estimated to be significantly higher thannatural gas combined-cycle plants (which use both combustion and steam turbines to generateelectricity) and above wind and solar as well. For example, the Energy InformationAdministration (EIA) estimates that, for plants coming on line in 2025, the average cost ofelectricity generation from a nuclear power plant would be 7.5 cents per kilowatt-hour (kwh),including tax credits, while advanced combined-cycle gas-fired generation would cost 3.8cents/kwh and an ultracritical coal plant would cost 7.6 cents/kwh. EIA estimates that electricityfrom onshore wind would cost 4.0 cents/kwh, solar photovoltaics 3.3 cents/kwh, and geothermal3.5 cents/kwh.8 Such estimates depend on a wide range of variables, such as future fuel costs,regional solar and wind availability, current and future tax incentives, and environmentalregulations. The specific attributes of each generating technology, such as the intermittent natureof solar and wind, are also important considerations in power plant construction decisions.The two new U.S. reactors under construction at the Vogtle nuclear plant site in Georgia, afterconsiderable construction delays and cost overruns, are now scheduled to begin operating inNovember 2021 and November 2022.9 As noted above, construction of two new units in SouthCarolina has been terminated. Licenses to build and operate 10 additional reactors have beenissued by NRC. However, applications for 14 other new reactors have been withdrawn orsuspended. An application for a license to build a 1.5 megawatt microreactor at Idaho NationalLaboratory was submitted to NRC on March 11, 2020.10 Aside from the 2 new Vogtle units, the10 other planned reactors with issued licenses do not have specific schedules for moving towardconstruction.Throughout the world, 440 reactors are currently in service or operable, and 55 more are underconstruction. France is the most heavily nuclear-reliant country in the world, with 58 re

nuclear power, post-Fukushima safety standards, development of new nuclear power and fuel cycle technologies, and nuclear waste management strategies. Basic Facts and Statistics The 95 licensed nuclear power reactors at 57 sites in the United States generate about 20% of the nation’s electricity.

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