Louisiana Joins Lawsuit to Toss Federal Rule on Small Nuclear Reactors
“The state of Louisiana has always been living in ‘all-of-the-above’ for over 50 years,” the governor said.
Louisiana is joining a lawsuit to overturn a federal rule as the state looks to roll back regulations on small nuclear reactors.
Gov. Jeff Landry and the Louisiana Department of Environmental Quality (LDEQ) announced Tuesday the state will join Texas, Utah and energy company Last Energy in challenging the Nuclear Regulatory Commission’s “utilization facility rule,” a licensing requirement that applies uniformly to all nuclear reactors, regardless of size or risk profile.
Landry said the state is amenable to the development of small modular reactors, or SMRs, with a capacity to produce up to 300 megawatts of electricity. By comparison, Entergy’s Grand Gulf Nuclear Station in Port Gibson, Mississippi, which provides part of the utility’s power, has more than 1,400 MW of generation capability
“Joining this lawsuit is about defending our ability to pursue advanced energy solutions like SMRs — solutions that are reliable, clean and essential for economic development in the State,” Landry said in a LDEQ news release.
The governor, Attorney General Liz Murrill and LDEQ secretary Aurelia Giacometto said in the release that, with a favorable outcome in the lawsuit, Louisiana could be uniquely poised to benefit from adding SMRs. At a separate news conference Tuesday morning, Landry noted the state already gets its electricity from a variety of sources, including natural gas-powered plants, coal-fired plants, hydroelectric facilities and nuclear power plants.
“The state of Louisiana has always been living in ‘all-of-the-above’ for over 50 years,” the governor said.
Originally filed in Texas in December, the federal lawsuit claims the Nuclear Regulatory Commission rule has overextended its authority to regulate small modular reactors under the utilization facility rule. The lawsuit claims SMRs typically carry a lower safety and financial risk profile than larger reactors because of the “insignificant” amount of nuclear material it uses, making it unreasonable to apply the same regulations.
“Members of the public would be exposed to only insignificant amounts of nuclear radiation, even in the case of a meltdown,” the lawsuit reads.
The lawsuit seeks to make it easier for Last Energy, a commercial nuclear reactor manufacturer with headquarters in Washington, D.C., to expand the use of its small modular reactors. The power source option is growing increasingly relevant as the military and data centers across the country look for large amounts of reliable energy to power their operations.
Nuclear development in the United States has substantially slowed since the 1980s, though nuclear plants account for nearly 20% of U.S. electricity generation overall and about 55% of U.S. carbon‐free electricity, according to the World Nuclear Association.
“We are ready to take the next step and lead in the deployment and oversight of SMRs,” said Giacometto in the release. “If this challenge succeeds, states not participating in the case may remain under outdated rules, while Louisiana would be free to lead.”
Elise Plunk is an environmental reporter and Report for America corps member at the Louisiana Illuminator, focusing her coverage on water and its impacts throughout Louisiana and the Mississippi River Basin.
Louisiana Illuminator is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
This Week In Energy republishes their articles, features and stories online and/or in print under Creative Commons license CC BY-NC-ND 4.0.
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