The overall direction of the energy sector is determined largely by market forces rather than by formal government policy. However, federal policies and regulations do influence specific aspects of energy production and transmission, including, but not limited to, air and water quality, interstate commerce, mine safety, leasing of federal lands, support for research and development (R&D) activities, investment incentives, income taxes, tax incentives, nuclear licensing and nuclear safety oversight. In 2021 the US Congress and President enacted the Bipartisan Infrastructure Law which includes more than US $62 billion for the DOE.

In addition to the federal role, state agencies formulate policies and issue regulations affecting the energy sector within each state. State involvement is generally related to air and water quality, mine safety and permitting, severance or other taxes, tax incentives, clean energy standards and renewable portfolio standards. States may regulate the electric power sector through public utility commissions and associated integrated resource planning processes and rate setting procedures.

In 2020, estimated recoverable coal reserves were 228 196 million tonnes. Total natural gas proved reserves were 13 394 billion m³ and proved crude oil and lease condensate reserves were 5 210 million metric tonnes (see Table 1).

TABLE 1. ESTIMATED AVAILABLE ENERGY RESERVES

Sources: EIA Coal Annual and US Crude Oil and Natural Gas Proved Reserves, Year-end 2020

*US uranium production data withheld for 2021.

Statistical data on energy and electricity supply and demand between 1970 and 2019 illustrate long term trends in production and consumption (Table 2). Total energy production and exports increased in recent years, from 2010 to 2019.

TABLE 2. ENERGY CONSUMPTION

*Latest available data, please note that compound annual growth rate may not be representative of actual average growth.

**Total energy derived from primary and secondary generation sources. Figures do not reflect potential heat output that may result from electricity co-generation.

—: data not available.

Source(s): United Nations Statistical Division, OECD/IEA and IAEA RDS-1

The US electric utility industry is regulated at federal and state levels. Several pieces of legislation were enacted to address national policies, end user needs and environmental protection. Legislation also forms the basis for federal regulation of transmission and wholesale electric power transactions. Section 3.2 contains a list of relevant electricity and nuclear power legislation.

The electricity sector consists of regulated and unregulated markets. Some states have regulated markets in which generation, transmission and distribution of electric power are provided by a single utility. Other states have unbundled generation, transmission and distribution to allow for competitive wholesale and retail power market participation.

The structure of the US electric power sector consists of four main components: generation, transmission, distribution, and end users. The role of each component differs by state and region. Interstate electricity trade does occur; however, no single system or market structure dominates another. Most end users receive electricity from centralized power plants that use a variety of fuels to generate electricity. The largest sources of electricity generation are coal, natural gas, and nuclear power.

The electric power sector consists of a variety of participants, including: public, private, and cooperative utilities; independent power producers; three regional synchronized power grids; eight electric reliability councils; and thousands of separate engineering, economic, environmental and land use regulatory authorities. Market participants include the following:

• Investor owned utilities (IOUs): Large private companies financed by a combination of shareholder equity and bondholder debt governed by state regulatory authorities that set rates of recovery for ratepayers. Several IOUs have multi-fuel generators and multistate operations.

• Publicly owned utilities (POUs): Government or municipally owned utilities that are generally exempt from regulation by state regulatory commissions. POUs have an obligation to consider end user interests when setting rates and service standards.

• Independent power producers (IPPs): Generate electricity from a portfolio of power plants and do not provide local distribution services or retail sales to end users. Although an IPP may sell its power through brokers, it can also sell directly to the utilities and marketers. IPPs generally operate in the unregulated electricity markets.

• Cooperative utilities: Owned by their end users and governed by a board of directors elected from the membership that sets the policies and procedures for the utility. Cooperative utilities are typically established in rural parts of the country where the end user base is small.

• Power marketing agencies: Federal entities that market wholesale power. Some agencies may also own power plants.

• Wholesale power suppliers: Do not own individual plants. These suppliers buy power from multiple suppliers on a long term or spot market basis and then resell it. Brokers may be used to facilitate these transactions.

• Retail power marketers: Buy and sell electricity, but usually do not own or operate generation facilities. Electricity is sold directly to end users, such as households and small to medium sized commercial enterprises.

The power grid consists of three large, interconnected systems that synchronously move electricity around the lower 48 contiguous states: the Eastern Interconnection, the Western Interconnection and the Texas Interconnected System. In general, these systems operate independently, with some limited electrical interconnection points. The Eastern Interconnection is the largest interconnected grid in the USA, connecting 39 states, the District of Columbia and much of Canada (Fig. 1).

Source: North American Electric Reliability Corporation.

FIG. 1. Map of North American electricity grid interconnections.

Electrical transmission grids are coordinated, controlled and monitored by electrical transmission system operators, which are traditionally non-profit organizations. Transmission line owners are required to supply transmission access to all electricity generators and wholesale energy customers in the service operator’s area under standardized, open access tariff rates.

Electrical transmission system operators may be either independent system operators (ISOs), which can operate within a single state or across multiple states, or regional transmission organizations (RTOs) that cover wider areas crossing state lines. An ISO operates the region’s electricity grid, administers the region’s wholesale electricity markets and provides reliability planning for the region’s bulk electricity system.

RTOs perform the same functions as ISOs, but have greater responsibility for the transmission network, as established by the Federal Energy Regulatory Commission (FERC). RTOs coordinate, control and monitor the operation of the electric power system within their territories. RTOs also monitor the operation of the region’s transmission network by providing fair transmission access. In addition, ISOs/RTOs engage in regional planning to make sure the needs of the system are met with the appropriate infrastructure (Fig. 2).

Sources: EIA, FERC, North American Electric Reliability Corporation.

FIG. 2. Map US wholesale electricity markets, ISOs and RTOs.

TABLE 3. ELECTRICITY PRODUCTION

*Latest available data, please note that compound annual growth rate may not be representative of actual average growth.

**Electricity transmission losses are not deducted.

—: data not available.

Source: United Nations Statistical Division, OECD/IEA and IAEA RDS-1

TABLE 4. ENERGY RELATED RATIOS

*Latest available data.

Source: RDS-1 and RDS-2

—: data not available.

2.1.1. Overview

2.1.2. Current organizational structure

2.2.1. Status and performance of nuclear power plants

2.2.2. Plant upgrading, plant life management and licence renewals

2.3.1. Nuclear power development strategy

The DOE Office of Nuclear Energy (DOE NE) leads US efforts to advance nuclear power as a resource capable of meeting the nation’s energy, environmental, and national security needs by resolving technical, cost, safety, proliferation resistance and security barriers through research, development and demonstration, as appropriate. To achieve its mission, the DOE NE is pursuing four objectives in its Nuclear Energy Research and Development Roadmap:

• The Light Water Reactor Sustainability Program is developing the scientific basis to extend existing nuclear power plant operating life beyond the current 60 year licensing period (i.e. the initial 40 year licence and a first licence renewal of 20 years) and to ensure the long term reliability, productivity, safety and security of operating plants.

• The Next Generation Nuclear Plant, Advanced Reactor Concepts and Advanced Small Modular Reactor (SMR) programmes promote safety, technical, economic, and environmental advancements and next generation nuclear energy technologies. In addition, the SMR Licensing Technical Support Program supports certification and licensing requirements for US based SMR projects through cooperative agreements with industry partners and by supporting the resolution of generic SMR issues.

• The Office of Fuel Cycle Technologies develops sustainable fuel cycle technologies and options to improve resource utilization and energy generation and to enhance safety and limit proliferation risk.

• All of the DOE NE’s R&D programmes are designed to develop more proliferation resistant technologies and the Nuclear Energy Enabling Technologies Program develops new tools and approaches for understanding nuclear power while limiting and managing the risks of proliferation and physical security.

Congress granted the DOE authority to issue US $20.5 billion in nuclear power loan guarantees. The DOE issued solicitations for US $18.5 billion in loan guarantees for new nuclear power facilities and US $2 billion for the front end of the nuclear fuel cycle on 30 June 2008. In February 2014, the DOE finalized the first federal loan guarantee for US $6.5 billion with Georgia Power Company and Oglethorpe Power Corporation for the construction and operation of two reactors at Vogtle. In March 2018, the DOE announced up to US $3.7 billion in additional guarantees of loans to finance the continued construction of Vogtle Units 3 and 4 (see Table 7).

In early 2018, the deadline for the nuclear production tax credit for advanced nuclear power plants was extended under a budget bill passed by the US Senate and House of Representatives. Section 40501 of the new law allows reactors entering service after 31 December 2020 to qualify for the tax credits (there is no established sunset provision for the credits at this time) and enables the US Secretary of Energy to allocate credits for up to 6000 MW(e) of new nuclear capacity which enters service after 1 January 2021. The extension means that the two Vogtle units under construction will be eligible for the tax credits. Other projects, such the NuScale Power SMR plant planned to be built at the Idaho National Laboratory by 2026, will also now qualify.

TABLE 7. PLANNED NUCLEAR POWER PLANTS

Source: NRC.

2.3.2. Project management

Project management in the construction and operations of nuclear power plants is the responsibility of the owners and operators of nuclear power plants. The Institute of Nuclear Power Operations (INPO) is an industry organization that undertakes the following activities, among other mission objectives, at the request of individual nuclear power plant owners or operators:

• Conducting plant evaluations;

• Supporting training and accreditation for nuclear power professionals;

• Assisting in the analysis of significant events at nuclear power plants;

• Communicating lessons learned;

• Providing assistance with technical and management issues.

2.3.3. Project funding

Nuclear utilities and, in some cases, public utility commissions are responsible for project financing decisions. Funding is secured from banks and through shareholder equity. The federal Government, through the Energy Policy Act of 2005 (EPACT2005), provides incentives for the construction of new nuclear power plants, including tax credits, loan guarantees and standby support insurance related to regulatory delays. Section 2.3.1 provides further details on project funding options.

2.3.4. Electric grid development

At the beginning of the 20th century, more than 4000 individual electric utilities operated in isolation from each other. As the demand for electricity grew, especially after World War II, utilities began to connect their transmission systems. These connections allowed utilities to share the economic benefits of building large and often jointly owned electric generating units to serve their combined electricity demand at the lowest possible cost. Interconnection also reduced the amount of extra generating capacity that each utility had to hold to ensure reliable service during times of peak demand. Over time, three large, interconnected systems evolved in the USA (see Section 1.2.2).

Transmission is a prominent federal issue because of a perceived need to improve reliability and reduce costs, transmission’s role in meeting national energy goals (such as increased use of renewable electricity), and the potential efficiency advantages of ‘Smart Grid’ modernization.

One aspect of the Smart Grid is the automation necessary to allow two-way communication between the utility and its customers. Numerous agencies and organizations are involved in efforts to modernize the transmission grid. The DOE sponsors R&D related to numerous technologies, including the Smart Grid.

2.3.5. Sites

Currently, three potential sites for nuclear expansion are under consideration. The utilities are waiting on the outcome of the Vogtle project, clarity on the outlook for natural gas supply, and electricity demand before setting construction start dates and making firm plans (see Table 8).

TABLE 8. POTENTIAL NUCLEAR CAPACITY EXPANSION

Sources: Fermi Unit 3, South Texas Project Units 3 and 4, Turkey Point Units 6 and 7.

Note: ABWR — advanced boiling water reactor; AP1000 — advanced passive 1000 reactor; COL — combined licence; OL — operating licence. ESBWR is interpreted as economic simplified boiling water reactor for the US version, and US-APWR as US advanced pressurized water reactor.

2.3.6. Public awareness

Civic activism is encouraged in the USA, and nuclear power stakeholders have numerous mechanisms for expressing their support for, or opposition to, nuclear power. Stakeholders express their opinions to federal, state and local governments; they are encouraged to participate in regulatory proceedings through formal meetings and by providing comments on proposed rulemaking. Civil reactions to nuclear projects range from optimism about clean electricity generation and increased local employment to concerns over construction times, rate increases and water safety.

A large number of companies provide equipment and services to the US nuclear power industry that cover the entire nuclear fuel cycle. Westinghouse Corporation built most of the PWR units, although Combustion Engineering and Babcock & Wilcox also built some. General Electric designed all of the BWRs currently operating in the USA. Westinghouse Corporation has been sold to Brookfield Business Partners.

To help assure high quality products, the American Society of Mechanical Engineers (ASME) certifies nuclear equipment suppliers. To obtain a nuclear certificate of authorization (often referred to as an N-Stamp), a company must comply with quality assurance requirements set forth by the ASME, which is open to foreign companies. Presently, more than 200 foreign and American companies hold ASME nuclear certificates of authorization.

Most operating nuclear reactors in the USA are privately owned and operated, although nine are operated by government owned entities. Some nuclear power plants are partially owned but not managed by municipal or electric cooperatives. Thirty-two companies or management organizations are licensed by the NRC to operate reactors.

When a US power company decides to permanently close a nuclear power plant, the facility must be decommissioned by safely removing it from service and reducing residual radioactivity to a level that permits the NRC to release the property and terminate the operating licence.

Federal agencies oversee the entire nuclear decommissioning process:

• The NRC establishes regulations and provides oversight of nuclear power plant decommissioning. The NRC maintains the highest level of decommissioning regulatory authority and collaborates with other agencies to supervise decommissioning.

• The EPA collaborates with the NRC to establish environmental standards and provide oversight of nuclear power plant decommissioning.

• OSHA collaborates with the NRC to ensure the safety of workers at nuclear power plants undergoing decommissioning.

• The DOT regulates the shipment of radioactive materials, including those resulting from decommissioning a nuclear power plant.

State and local agencies are also involved as regulators of worker and public health and safety. The Electric Power Research Institute and the decommissioning industry cooperate to develop decontamination techniques.

EIA publishes data on the nuclear fuel cycle (Fig. 5) in its Domestic Uranium Production Report and its Uranium Marketing Annual Report. The NRC publishes background and licensing information on fuel cycle operations.

FIG. 5. The fuel cycle for light water nuclear reactors.

Source: US Nuclear Regulatory Commission.

Notes: Reprocessing of spent nuclear fuel, including mixed oxide (MOX) fuel, is not practiced in the USA. The NRC has no regulatory role in mining uranium; regulations are primarily left to the states and the Bureau of Land Management

The following are some salient points:

• Drilling: In 2017, total uranium drilling was 420 holes with total footage of 60 960 metres, and expenditures for uranium drilling were US $4 million. (2018–020 data is not available due to current EIA industry data non-disclosure requirements.)

• Mining and production: The NRC has no regulatory role in mining uranium; regulations are primarily left to the states and the Bureau of Land Management. (Data for 2019 in situ leaching production are not available owing to EIA data disclosure requirements.)

• Conversion: The USA has one uranium conversion plant, located in Metropolis, Illinois, and operated by ConverDyn. The ConverDyn facility has a nameplate conversion capacity of approximately 13 608 tonnes of uranium per year to UF₆.

• Enrichment: Uranium enrichment in the USA is accomplished by gas centrifuge, although laser separation technology is under development for possible use to enrich uranium. Currently, the only gas centrifuge commercial production plant is the URENCO USA facility licensed as Louisiana Energy Services in Eunice, New Mexico. Two other licences were granted by the NRC for the construction of commercial gas centrifuge facilities. The status of these licences is available on the NRC web site.

• Fuel fabrication: Three companies fabricate nuclear fuel for light water reactors: Westinghouse Electric Company in Columbia, South Carolina; Global Nuclear Fuels — Americas in Wilmington, North Carolina; and AREVA NP in Richland, Washington. All three fabricators supply fuel for US BWRs; AREVA NP and Westinghouse Electric Company also supply fuel for US PWRs.

• Spent fuel storage: Most spent nuclear fuel is safely stored in specially designed pools at reactor sites around the country. Plant operators may store spent nuclear fuel in dry cask storage systems when they approach their pool capacity limits at independent spent fuel storage facilities. Operators may also store spent nuclear fuel in dry cask storage systems away from the reactor at independent spent fuel storage facilities.

• Reprocessing: Commercial reprocessing of spent nuclear fuel, including mixed oxide fuel, is not practised in the USA, although it has been allowed in the past.

• Spent fuel disposal: In 2011, federal funding for Yucca Mountain, the US permanent disposal repository for spent nuclear fuel, was cancelled. Reopening the repository is currently under federal and state review. Commercial nuclear power reactors store most of their used nuclear fuel (UNF) on site at the nuclear plant, although a small amount has been shipped to off-site facilities.

2.8.1. R&D organizations

Nuclear R&D is conducted by private industry, the federal Government and US universities. Private companies are actively investigating reactor technology, enrichment technology and nuclear fuel design. One of the main institutions for private research funding is the Electric Power Research Institute, which, through membership fees, conducts R&D in many nuclear related areas as well as other areas of the electric power industry.

The federal Government supports R&D through budget allocations for the NRC and for the DOE NE. Private companies, under contract with the DOE, operate a series of national laboratories. The DOE oversees 26 laboratories and institutes, many of which are involved with nuclear technologies.

The DOE NE’s programme and priority activities are guided by the Nuclear Energy Research and Development Roadmap, which was issued in April 2010. Since the 2011 Fukushima accident the DOE NE has engaged in a number of new research activities to address specific safety related issues, such as the development of accident tolerant fuel forms and accident tolerant instruments. Likewise, to support these activities, the DOE NE is also using advanced high performance computing for modelling and simulation.

2.8.2. Development of advanced nuclear power technologies

The DOE NE supports R&D to improve safety and reliability to help extend the life of current reactors and to develop improvements in the safety, affordability, and proliferation resistance of new reactors.

In the area of nuclear reactor technologies, the DOE NE’s Light Water Reactor Sustainability Program focuses on developing the scientific basis to extend nuclear power plant operating life beyond the current 60 year licensing period while ensuring long term reliability, safety, and security.

In addition, the DOE NE is supporting the commercialization of US based SMR technologies through its SMR Licensing Technical Support Program. The programme promotes the accelerated deployment of SMRs by supporting certification and licensing requirements through cooperative agreements with industry partners and by supporting the resolution of generic SMR issues. There are currently two SMR projects under development. In 2017, the DOE NE granted a permit to support an SMR project at the Idaho National Laboratory site. Also, TVA is planning an SMR demonstration project at its Clinch River site, for which the NRC has approved an early site permit.

Finally, the DOE NE is supporting the development of advanced reactor technologies, focusing on high temperature, natural gas cooled reactors through its Next Generation Nuclear Plant programme, advanced SMRs and advanced reactor concepts. This focus is expected to address long term technical barriers for the development of advanced nuclear fission energy systems that use coolants such as liquid metal, fluoride salt, or natural gas.

The DOE NE’s Office of Fuel Cycle Technologies (FCT) develops sustainable fuel cycle technologies and options and develops UNF management strategies and technologies to support meeting federal Government responsibility to manage and dispose of US commercial UNF and high-level waste (HLW).

• Within the FCT programme, the Fuel Cycle Research and Development programme conducts R&D to help develop sustainable fuel cycles to improve uranium resource utilization, maximize energy generation, minimize waste generation, improve safety and limit proliferation risk.

• The Nuclear Fuels Storage and Transportation Planning Project is responsible for developing and starting an integrated management plan to implement interim storage, improve the overall integration of storage as a planned part of the waste management system and prepare for the large-scale transport of UNF and HLW, with an initial focus on removing UNF from the shutdown reactor sites.

• The Office of Uranium Management and Policy works to assure domestic supplies of fuel for nuclear power plants. In addition, the Office of Used Nuclear Fuel Disposition Research and Development conducts R&D related to the storage, transport, and disposal of UNF and HLW.

• The Systems Engineering and Integration Program develops and implements analysis processes and tools and performs integrated fuel cycle technical assessments to provide information that can be used to objectively and transparently inform and integrate FCT activities.

2.8.3. International cooperation and initiatives

The Government collaborates with international partners to support the safe, secure and peaceful use of nuclear energy. The DOE NE works both bilaterally and multilaterally to accomplish this work.

Bilaterally, the DOE NE collaborates in civil nuclear R&D and related issues through several vehicles, including the International Nuclear Energy Research Initiative, negotiated R&D agreements, memoranda of understanding, technical action plans, working groups, and the International Nuclear Cooperation framework.

Multilaterally, the USA cooperates with international partners through the Generation IV International Forum, the Nuclear Energy Agency of the Organisation for Economic Co-operation and Development, the IAEA, and the International Framework for Nuclear Energy Cooperation.

The Office of International Energy Policy and Cooperation (INEPC) oversees and manages the DOE’s international commercial nuclear fuel management initiatives and supports DOE and government initiatives that foster increased US exports of nuclear fuel and services, as appropriate. INEPC encourages international cooperation between governments and industry to provide commercially attractive fuel service options, including a comprehensive nuclear fuel services approach.

The NRC has close working relationships with 35 countries and conducts confirmatory regulatory research in partnership with nuclear safety agencies and institutes in more than 20 countries. Research includes, but is not limited to, the following projects and programmes:

• The International Nuclear Regulators Association;

• The Cooperative Severe Accident Research Program;

• The Code Applications and Maintenance Program;

• The Steam Generator Tube Integrity Program;

• The Radiological Computer Code Analysis and Maintenance Program.

The USA has reversed the trend of declining enrolment at nuclear engineering schools over the past five years. Generally, the workforce in the nuclear power industry is ageing; many professional skills may be lost as the staff at nuclear power plants, research facilities, universities and national laboratories retire. With limited nuclear power plant construction under way, the number of trained personnel the industry will require in the future is unclear. However, the long-term decline in the number of university programmes offering nuclear engineering degrees reversed course in the late 1990s; several schools have added programmes in the past few years.

The DOE NE has an active programme to encourage the development of academic programmes related to nuclear power through its Nuclear Energy University Program (NEUP). NEUP was created in 2009 to consolidate university support under one initiative and better integrate university research within the DOE NE’s technical programmes. NEUP engages US colleges and universities to conduct R&D, enhance infrastructure and support student education, thereby helping to build and sustain an advanced nuclear energy workforce capability. In 2020, the DOE awarded more than US $5 million for undergraduate scholarships and graduate fellowships to students pursuing nuclear energy related disciplines at universities across the country. 

In 2007, the nuclear industry developed and began implementing the Nuclear Uniform Curriculum Program (NUCP). The NUCP is managed by the Nuclear Energy Institute and is a standardized certificate programme designed to ensure that a well trained workforce is available when needed. Industry partners with two year educational institutions to permit certificate holders to be exempt from some initial training at a nuclear power plant.

The American Nuclear Society, a professional organization, also promotes the expansion of academic programmes related to nuclear power at higher education institutions.

Stakeholders in the USA include, but are not limited to, state and tribal governments, local communities, federal agencies, industry, and professional organizations. Communications are timely and open through formal and informal processes. From a regulatory perspective, formal processes may include:

• Information exchanges;

• Public comment on proposed regulations;

• Annual meetings with stakeholders at each reactor facility;

• Participation in legal proceedings.

The goal of formal regulatory stakeholder communication is to ensure that the public has the opportunity to enhance its understanding of the regulatory process. Stakeholders are provided with advance notice of regulatory meetings in a timely manner.

Nuclear utilities; federal, state and local governments; as well as volunteers and first responders work together in the event of an emergency at a nuclear power plant. Each plant is responsible for developing on-site and off-site emergency response plans. Federal oversight of emergency preparedness for nuclear power plants is shared by the NRC and FEMA, which is part of the US Department of Homeland Security.

The respective roles of the NRC, FEMA and state and local governments are identified on the NRC’s federal, state and local responsibilities web site. The NRC has statutory responsibility for the radiological health and safety of the public by overseeing on-site preparedness and has overall authority for both on-site and off-site emergency preparedness.

As part of its reactor oversight process, the NRC reviews nuclear power plant emergency planning procedures and training. FEMA acts as the federal facilitator with state and local governments. State and local governments are responsible for determining and implementing appropriate public protective actions during a radiological emergency and are also responsible for notifying the public to take such protective actions.

Each utility is required to conduct emergency preparedness exercises with the NRC, FEMA and off-site authorities at least once every two years to ensure state and local officials remain proficient in implementing their emergency plans. Utilities also regularly conduct drills to test the emergency plans.

Detailed information about emergency preparedness is contained in NRC regulations and in a joint publication of the NRC and FEMA entitled Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants. Additional information is available on the NRC’s emergency preparedness and response web site as well as FEMA’s Radiological Emergency Preparedness Program web site.

The NRC has taken significant actions to enhance reactor safety based on the lessons learned from the accident at the Fukushima Daiichi nuclear power plant. These actions are related to accident mitigation strategies, reliable hardened containment venting capability, improved spent fuel pool instrumentation, seismic hazard re-evaluation, flooding re-evaluation, emergency preparedness, mitigation of beyond design basis events, and improvements to the NRC’s regulatory process.

3. NATIONAL LAWS AND REGULATIONS

3.1.1. Regulatory authority(s)

3.1.2. Licensing process

Congress has enacted several laws that delineate a comprehensive regulatory programme governing the design, construction and operation of nuclear energy plants. Transport and disposal of radioactive waste is a major concern of the industry and the public, and there is specific legislation to address such activities as well.

This list is not exhaustive; additional national legislation affecting the nuclear industry also exists. Although the federal Government has an extensive role in the nuclear industry, individual states and some local jurisdictions have a regulatory role.

• Bipartisan Infrastructure Law, 2021: Includes continued funding for Advanced Reactor Demonstration Program (ARDP) projects, which are targeting deployments in the late 2020s. A DOE implemented US $6 billion Civil Nuclear Credit Program that would provide financial support to certain nuclear reactors that are at risk of closing due to insufficient valuation in electricity markets.

• Consolidated Appropriations Act, 2018: Includes over US $1.2 billion in support for the DOE NE programmes and US $922 million for the NRC. The bill also allows reactors entering service after 31 December 2020 to qualify for the tax credits (there is no established sunset provision for the credits at this time) and enables the US Secretary of Energy to allocate credits for up to 6000 MW(e) of new nuclear capacity which enters service after 1 January 2021.

• The American Recovery and Reinvestment Act of 2009 (ARRA 2009): The American Recovery and Reinvestment Act of 2009 directed funding for energy efficiency and renewable energy as well as loan guarantees for renewable energy, including nuclear power.

• The Energy Policy Act of 2005 (EPACT2005): EPACT2005 contained provisions affecting nuclear power, including the renewal of the Price–Anderson Act and incentives for building the first advanced nuclear power plants. Incentives include tax credits, loan guarantees and standby support insurance related to regulatory delays.

• The Energy Policy Act of 1992 (EPACT1992) (Public Law 102-486): EPACT1992 created a new category of electricity producer, the exempt wholesale generator, which circumvented the Public Utility Holding Company Act’s (PUHCA’s) impediments to non-utility electricity generation. EPACT1992 also allowed FERC to open the national electricity transmission system to wholesale suppliers. Of EPACT1992’s 30 titles, 7 contain provisions related specifically to nuclear power and/or uranium.

• The Clean Air Act Amendments of 1990 (Public Law 101-549): These amendments established a new emissions reduction programme that sought to reduce annual sulphur dioxide emissions by 10 million tonnes and annual nitrogen oxide emissions by 2 million tonnes from 1980 levels from all human made sources. Generators of electricity were to be responsible for large portions of the sulphur dioxide and nitrogen oxide reductions.

• Low-level Radioactive Waste Policy Amendments Act of 1985 (Public Law 96-573, as amended): This act was an important step towards the development of new disposal capacity for low level waste (LLW). Each state was made responsible for providing, by itself or in cooperation with other states, for the disposal of LLW generated within the state. The act authorizes the states to form compacts to establish and operate regional LLW disposal facilities, subject to NRC licensing approval.

• Nuclear Waste Policy Act of 1982, as amended (Public Law 97-425): This act established federal responsibility for the development of repositories for the disposal of HLW and UNF. It was amended in 1987 to require DOE to begin evaluating the suitability of Yucca Mountain in Nevada as the US permanent HLW repository.

• The Public Utility Regulatory Policies Act of 1978 (PURPA) (Public Law 95-617): PURPA sought to promote conservation of electric energy in response to the unstable energy climate of the late 1970s. PURPA created a new class of non-utility generators (small power producers), from which, along with qualified co-generators, utilities were required to buy power.

• The Clean Water Act of 1977 (Public Law 95-217): The Clean Water Act of 1977 is the primary law governing the discharge of pollutants into all US surface waters. Under this law, the EPA requires that a National Pollutant Discharge Elimination System permit be obtained before any pollutant is released.

• Energy Reorganization Act of 1974 (Public Law 93-438): This act separated the licensing and related functions of the AEC from energy development and related functions. The NRC succeeded the AEC as an independent regulatory authority to ensure the safety and licensing of nuclear reactors and other facilities associated with the processing, transport and handling of nuclear materials.

• Price–Anderson Nuclear Indemnity Act of 1957 (Public Law 83-703, as amended): The Price–Anderson Act requires each operator of a nuclear power plant to obtain the maximum primary coverage of liability insurance. In the past, the annual premium paid by owners of nuclear power plants was US $375 million per reactor. Damages exceeding that amount are funded with a retroactive assessment on all other owners of commercial reactors, based on the number of reactors they own and not to exceed about US $112 million.

• Atomic Energy Act of 1954 (Public Law 83-703, as amended): The Atomic Energy Act of 1954 encouraged private enterprise to develop and use nuclear energy for peaceful purposes. This act amended the Atomic Energy Act of 1946 to allow non-federal ownership of nuclear production and utilization facilities if an operating licence was obtained from the AEC. This act enabled the development of the commercial nuclear power industry in the USA.

• The Federal Power Act of 1935 (Title II of PUHCA): The Federal Power Act of 1935 was passed at the same time as PUHCA. It provides a federal mechanism, as required by the Commerce Clause of the Constitution, for interstate electricity regulation. Before this act was passed, electricity generation, transmission and distribution were typically a series of intrastate transactions.

REFERENCES

APPENDIX 1: INTERNATIONAL, MULTILATERAL AND BILATERAL AGREEMENTS