Hearing to Examine the Nuclear Fuel Cycle (U.S. Senate Committee on Energy and Natural Resources)

Hearing	Hearing to Examine the Nuclear Fuel Cycle
Committee	U.S. Senate Committee on Energy and Natural Resources
Date	March 9, 2023

 

Hearing Takeaways:

• Federal Efforts to Promote Nuclear Energy Technologies: The hearing largely considered federal efforts to promote nuclear energy technologies. Committee Members and the hearing’s witnesses stated that nuclear energy provides the U.S. with a reliable baseload energy source and enables the U.S. to meet its climate change objectives. They expressed particular interest in the implementation of the Energy Act of 2020, the Inflation Reduction Act of 2022, the Infrastructure Investment and Jobs Act (IIJA), and the CHIPS and Science Act and how these laws will impact the U.S. nuclear energy sector.
  • Viability of the U.S. Nuclear Energy Industry: Committee Members and the hearing’s witnesses expressed interest in efforts to support the viability of the private nuclear energy industry. They noted how nuclear energy companies have high initial startup costs and must undergo a rigorous permitting process, which can impede the deployment of nuclear reactors. They asserted however that these nuclear power plants are not overly expensive when their costs are amortized over the lifetime of the plant. Full Committee Chairman Joe Manchin (D-WV) and the hearing’s witnesses stated that the IIJA and the Inflation Reduction Act of 2022’s tax credits will both promote the construction of new nuclear energy plants and extend the lifespans of existing nuclear energy plants. Mr. Dominguez also stated that the U.S.’s recent actions have enabled nuclear energy projects to qualify for environmental, social, and corporate governance (ESG) investment opportunities, which has supported the nuclear energy industry’s access to capital. 
  • Creation of International Markets for U.S. Nuclear Products: Sen. Bill Cassidy (R-LA) expressed interest in the U.S.’s effort to create international markets for its nuclear products. He commented that the creation of international markets can reduce the marginal costs of producing these products. Assistant Secretary Huff remarked that U.S. nuclear technology is “well-trusted” internationally and testified that the list of countries interested in engaging with the U.S. on nuclear products is growing.
  • The Civil Nuclear Credit Program and the Advanced Reactor Demonstration Program (ARDP): The Civil Nuclear Credit Program was established under the IIJA and provides funding to keep existing U.S. nuclear energy facilities online. Full Committee Ranking Member John Barrasso (R-WY) and Sen. Cassidy expressed concerns over the current deployment of this Program’s funds (including for the nuclear plants not at risk of closing). Assistant Secretary Huff mentioned how the U.S. Department of Energy had recently opened its second round of applications for the Program and indicated that a broader set of plants are eligible for this round. She stated that there will likely remain nuclear energy plants that will continue to apply for the Civil Nuclear Credit Program, even with the Inflation Reduction Act of 2022’s production tax credits. Sen. Cassidy further expressed interest in the U.S. Department of Energy’s ARDP, which supports the development of new advanced nuclear reactor designs through public-private partnerships.
  • Policies to Bolster the U.S.’s Domestic Uranium Mining, Conversion, and Enrichment Capabilities: Committee Members and the hearing’s witnesses expressed interest in efforts to bolster the U.S.’s uranium conversion, mining, and enrichment capabilities. They noted how the U.S.’s domestic mining industry had shrunk significantly over the previous four decades and called these mining, conversion, and enrichment capabilities critical to the U.S.’s energy and national security. They expressed particular interest in the U.S.’s efforts to develop a domestic source of high assay low enriched uranium (HALEU) and to make this HALEU available to commercial entitles. Assistant Secretary Huff testified that the U.S. Department of Energy is preparing to issue a draft HALEU acquisition strategy (pending interagency review) pursuant to the Energy Act of 2020 within the context of a broader uranium strategy for the Department. She expressed the U.S. Department of Energy’s commitment to making the bidding process for its upcoming HALEU availability program “fully competitive.” She also stated that the investments provided within the Inflation Reduction Act of 2022 for HALEU are enabling the U.S. Department of Energy to help the private sector in establishing a HALEU production and supply chain capability. Mr. Dominguez also testified that his company, Constellation, has worked with domestic uranium miners, converters, and enrichers to help them develop their capabilities.
  • Commercial Access to Uranium: Full Committee Ranking Member Barrasso and Sen. Cindy Hyde-Smith (R-MS) expressed interest in ensuring that the U.S. Department of Energy’s efforts to acquire uranium would not compete with the efforts of utility companies to acquire domestic uranium. Assistant Secretary Huff remarked that the U.S. Department of Energy’s intention is to purchase uranium and then redistribute the uranium to domestic commercial interests. She stated that the U.S. Department of Energy does not wish to hold onto its acquired uranium.
  • Permitting Challenges for Nuclear Reactors: Sen. Angus King (I-ME) and Dr. Wagner raised concerns over how permitting delays are impeding the deployment of commercial advanced nuclear technologies. Sen. King expressed interest in working to address the length of the permitting process for new nuclear power projects.
  • Efforts to Develop and Deploy Small Modular Reactors (SMRs): Committee Members and the hearing’s witnesses expressed interest in federal efforts to support the development and deployment of SMRs, which are advanced nuclear reactors that are smaller and can be more quickly deployed. Sen. Lisa Murkowski (R-AK) expressed optimism that SMRs can help support energy generation capabilities in her state’s geographically isolated regions. Assistant Secretary Huff and Dr. Wagner expressed confidence in the U.S.’s ability to deploy SMRs by the end of the current decade.
  • Reauthorization of Price-Anderson Nuclear Industries Indemnity Act: Full Committee Chairman Manchin and the hearing’s witnesses called on Congress to extend the Price-Anderson Nuclear Industries Indemnity Act, which expires at the end of 2025. This law helps to protect commercial nuclear and research and development (R&D) activities from civil litigation.
  • Nuclear Energy Workforce Development: Sen. John Hickenlooper (D-CO) expressed interest in federal efforts to support educational reactors, which he asserted are key to supporting the development of the U.S.’s nuclear energy workforce. Assistant Secretary Huff discussed how the U.S. Department of Energy’s Office of Nuclear Energy works to support educational reactors through fuel provisions and to provide these reactors with infrastructure support. She indicated that the Office of Nuclear Energy’s Nuclear Energy University Program is “constantly engaging” with research and educational reactors to better understand their needs and to inform these reactors moving forward.
• Nuclear Energy-Related National Security Concerns: Committee Members and the hearing’s witnesses also highlighted national security concerns related to the U.S.’s nuclear energy sector.
  • U.S. Reliance on Russia for Nuclear Energy Needs: Committee Member’s and the hearing’s witnesses raised concerns over the U.S.’s reliance on Russia for its uranium supplies, especially considering Russia’s invasion of Ukraine. They noted how Russia represents nearly half of the international capacity for uranium conversion and expressed concerns that a Russian decision to cut uranium exports could harm the U.S.’s energy production capabilities. They stated that the U.S. must bolster its domestic uranium production capabilities to address this overreliance. Assistant Secretary Huff remarked that it would take several years for the U.S. to stand up new fuel cycle capacity to replace the nuclear materials currently being imported from Russia. She stated that the U.S. wants to expand its fuel cycle capacity and pair this expansion with import restrictions.
  • Threats Posed by China to the U.S. Nuclear Energy Sector: Sen. Josh Hawley (R-MO) expressed concerns that U.S. nuclear power producers may be reliant on Chinese suppliers for reactors and components. Assistant Secretary Huff and Mr. Dominguez asserted however that China is a relatively minor supplier for the U.S. nuclear energy sector (especially compared to Russia). Sen. Hawley also expressed concerns that China might be supporting corporate espionage against U.S. nuclear facilities.
• Nuclear Waste Disposal: Committee Members and the hearing’s witnesses also emphasized the need for the U.S. to address the issue of nuclear waste, which includes both previously generated waste and waste that will be generated in the future. They stated that nuclear waste disposal constitutes a political problem (rather than a technical problem) and that the U.S.’s failure to address the issue is causing it significant money in settlements and final judgements.
  • Nuclear Waste R&D: Assistant Secretary Huff and Dr. Wagner discussed how the U.S. Department of Energy is engaged in R&D activities related to the storage and recycling of spent nuclear fuel. Dr. Wagner discussed how the U.S. Department of Energy is actively processing grant proposals to support communities in assessing the technologies and issues surrounding spent nuclear waste storage, transportation, and disposal.
  • Proposed Yucca Mountain Nuclear Waste Repository: A key area of interest during the hearing involved the proposed Yucca Mountain Nuclear Waste Repository in Nevada, which is meant to serve as a long-term solution to the U.S.’s nuclear waste storage needs. Full Committee Ranking Member John Barrasso (R-WY) and Mr. Dominguez called on the U.S. Nuclear Regulatory Commission (NRC) to complete its review regarding this Repository and noted how this review has been ongoing for decades. Sen. Catherine Cortez Masto (D-NV) argued that the NRC must be very thorough in its review of the proposed Yucca Mountain Nuclear Waste Repository. She emphasized this Repository would require the shipment of over 9,000 casks of nuclear waste on 2,800 trains over the next 50 years through some of Nevada’s most visited and populated areas (as well as communities throughout the U.S.). 
  • Interim Nuclear Waste Storage: Sen. John Hickenlooper (D-CO) and Assistant Secretary Huff expressed interest in efforts to support federal interim storage facilities for nuclear waste. Assistant Secretary Huff testified that the U.S. Department of Energy is currently reviewing applications for a funding opportunity announcement of $26 million to support spent nuclear fuel interim storage projects. 
• Other Policy Topics: The hearing considered additional nuclear energy policies and recent nuclear-energy events that can inform future policymaking within this space.
  • Resilience of the U.S.’s Nuclear Fleet: Sen. Angus King (I-ME) expressed interest in ensuring that the U.S.’s nuclear fleet will be resilient to power disruptions, military attacks, and cyberattacks. He highlighted how the Zaporizhzhia Nuclear Power Plant in Ukraine had recently had its power lines cut, which has required it to receive emergency diesel energy to support cooling efforts. Mr. Dominguez remarked that the nuclear energy industry had learned about the dangers associated with a lack of onsite fuels from Japan’s experience. He stated that Constellation had adopted several technologies to ensure that its nuclear power plants would continue to operate if the plants were to become disconnected from the energy grid. He commented however that a military attack on a nuclear power plant would pose unique challenges.
  • Lack of Accepted Definitions for SMRs and Microreactors: Sen. Martin Heinrich (D-NM) and Sen. Catherine Cortez Masto (D-NV) raised concerns that the U.S. lacks standard definitions for SMRs and microreactors. They warned that larger reactors might be falsely marketing themselves as SMRs and commented that these larger reactors might be more complex in design (which might limit their ability to be deployed). Mr. Dominguez stated that the U.S. nuclear energy industry’s working definitions for various types of nuclear reactors are very broad in scope. He remarked however that the size of a nuclear reactor is ultimately less important than the ability to quickly manufacture nuclear reactor components (which will enable the quick construction of nuclear reactors).
  • Recent Nuclear Waste Storage Near a Missouri School: Sen. Josh Hawley (R-MO) noted how there is a Missouri elementary school with nuclear material on its premises and indicated that this school has been forced to close. He expressed his frustration with the failure of the U.S. Department of Energy and the U.S. Army Corps of Engineers to provide an explanation for this situation. He called on the Biden administration to address this issue and indicated that he would place a hold on every U.S. Department of Energy nomination until this situation is accounted for.

Hearing Witnesses:

1. The Hon. Kathryn Huff, Assistant Secretary for Nuclear Energy, U.S. Department of Energy
2. Dr. John Wagner, Director, Idaho National Laboratory
3. Mr. Joseph Dominguez, President and Chief Executive Officer, Constellation

Member Opening Statements:

Full Committee Chairman Joe Manchin (D-WV):

• He discussed how Congress has authorized new programs and provided significant financial investments to extend the operation of the U.S.’s current nuclear fleet and support the development of advanced nuclear reactors and technologies.
  • He indicated that Congress has taken these actions through the Energy Act of 2020, the Inflation Reduction Act of 2022, the IIJA, and the CHIPS and Science Act.
• He also mentioned how Congress has created programs to support energy communities in building advanced nuclear reactors at shuttered fossil fuel programs.
  • He noted how half of the U.S.’s nuclear fleet had faced premature retirement prior to the enactment of the aforementioned laws.
• He remarked that the aforementioned laws would benefit the U.S.’s energy security and climate change goals and stated that Russia’s invasion of Ukraine has highlighted the geopolitical risks associated with not having energy independence from adversarial countries.
  • He lamented how the U.S. remains reliant on Russian nuclear fuel and commented that the U.S. is currently deficient in nearly every aspect of the nuclear fuel cycle.
• He remarked that the U.S. must do significant work with regards to uranium mining, milling, conversion, enrichment, nuclear fuel fabrication, power generation, and nuclear waste storage and disposal.
• He highlighted how Russia represents nearly half of the international capacity for uranium conversion and enrichment.
  • He mentioned how there exist bipartisan bills to remedy this situation and expressed his interest in working to address this issue in a bipartisan fashion.
• He discussed how the U.S. has become dependent on Russian-enriched uranium to meet its commercial nuclear generation requirements.
  • He noted how the U.S. had previously planned to supply its advanced nuclear reactors using Russian HALEU prior to Russia’s invasion of Ukraine.
• He stated that the U.S. must reduce its dependence on Russian-enriched uranium and highlighted how the Inflation Reduction Act of 2022 included $700 million to supply the U.S.’s advanced nuclear reactors with American HALEU.
• He remarked however that the U.S. needs to do more to address its dependence on adversarial countries for its nuclear energy needs.
  • He commented that these efforts would involve working with U.S. allies and partners to increase nuclear fuel production and “greatly” expanding efforts to onshore uranium conversion and enrichment activities.
• He mentioned how he had recently introduced the bipartisan Nuclear Fuel Security Act of 2023, which would expand the U.S.’s uranium conversion and enrichment capacity to meet the U.S.’s domestic fuel requirements.
  • He noted how Congress had nearly enacted this legislation in 2022 and expressed hope that Congress could pass this legislation this year.
• He discussed how nuclear energy currently accounts for 20 percent of the U.S.’s electricity generation and represents about half of the U.S.’s clean electricity.
  • He stated that nuclear energy will remain an essential part of the U.S.’s energy mix “well into the future” and commented that nuclear energy’s baseload power provides an integral part of the U.S.’s energy security.
• He asserted that it will be impossible for the U.S. to meet its emission reduction goals without the continued operation of the U.S.’s current nuclear energy fleet and the construction of new advanced nuclear reactors.
• He then remarked that Congress must address the issue of nuclear waste, which includes both previously generated waste and waste that will be generated in the future.
  • He called on the Committee to develop a plan to safely and responsibly dispose of the U.S.’s nuclear waste.
• He stated that addressing the issue of nuclear waste disposal is a political problem (rather than a technical problem) and indicated that the safe and responsible solution for the disposing of nuclear waste involves deep geological disposal.
  • He also asserted that inaction on nuclear waste disposal would be fiscally irresponsible and mentioned how the U.S.’s lack of a nuclear waste disposal plan has caused the U.S. to pay $8.6 billion in settlements and final judgements.
• He noted how the U.S. has sites that present ideal conditions for the safe disposal of nuclear waste and stated that the U.S. must have a consent-based program that can “thoughtfully and effectively” engage with state, local, and tribal governments to find a suitable means for siting repositories.
  • He indicated that the Nuclear Waste Administration Act would provide a system for siting, constructing, and operating nuclear waste storage and repository facilities.
• He lastly called on Congress to extend the Price-Anderson Nuclear Industries Indemnity Act, which expires at the end of 2025.
  • He explained that this law helps to protect commercial nuclear and R&D activities from civil litigation.
• He warned that Congress’s failure to extend the Price–Anderson Nuclear Industries Indemnity Act would threaten the existence of the U.S. nuclear energy industry.

Full Committee Ranking Member John Barrasso (R-WY):

• He discussed how nuclear power is the U.S.’s most abundant and reliable source of carbon-free electricity.
  • He called nuclear energy “fundamental” to meeting the U.S.’s energy, environmental, and national security objectives and added that nuclear energy is “critical” to global security.
• He noted that the U.S. generates more electricity from nuclear energy than any other country in the world and stated that the U.S. is the global leader in nuclear technology development.
• He lamented however that the U.S. is “heavily reliant” on foreign sources of uranium to fuel its existing nuclear reactors.
  • He also expressed concerns over the U.S.’s inability to fuel its advanced nuclear reactors.
• He remarked that Russia seeks a “commanding share” of the global nuclear energy market and wants to undermine the U.S.’s nuclear energy industry.
  • He commented that Russia is succeeding in these efforts based on several metrics.
• He stated that Russia has unfairly dumped uranium into U.S. markets for decades, which has driven domestic nuclear fuel producers out of business.
  • He indicated that U.S. uranium production levels have not been this low since the 1940s.
• He mentioned that he would be introducing bipartisan legislation to ban Russian uranium imports into the U.S.
• He then noted how Russia controls half of the world’s enrichment capacity and raised concerns that the U.S. could soon find itself completely reliant on foreign countries to fuel its nuclear power plants.
  • He called this situation “completely unacceptable.”
• He remarked that Congress must reestablish the U.S. as the global leader in nuclear energy and commented that the U.S.’s advanced nuclear reactor developers are ready to support this global leadership.
  • He highlighted how TerraPower is set to construct its first advanced nuclear reactor in his state of Wyoming.
• He stated that advanced nuclear reactor developers do not want to depend on Russia for their fuel supplies and would prefer to purchase American nuclear fuel.
  • He called on Congress to revitalize the U.S.’s domestic uranium mining industry and asserted that U.S. uranium is critical to the U.S.’s energy and national security.
• He also stated that the U.S. must restart its lone conversion facility and explained that this facility had transformed mined uranium into the form needed for enrichment plants.
• He further called on the U.S. to expand its uranium enrichment capabilities and noted how the U.S.’s one domestic enrichment facility provides “just a fraction” of the low enriched uranium needed for the U.S.’s existing nuclear reactors.
  • He attributed this situation to Russia’s “abusive” trade practices and called on the U.S. to protect this facility from these practices.
• He then remarked that the U.S. needs a commercial capability to enrich uranium to the levels needed for advanced nuclear reactors. 
  • He noted how there currently exist only two sources of HALEU: Russia and the U.S. Department of Energy.
• He mentioned how he had worked with Full Committee Chairman Joe Manchin (D-WV) and Sen. James Risch (R-ID) to propose legislation that would address the aforementioned issues.
  • He indicated that this legislation had been recently reintroduced.
• He then stated the Committee must address the issue of nuclear waste and noted how nuclear waste has been safely stored onsite at nuclear reactors since the inception of nuclear energy technology.
  • He commented however that onsite storage does not meet Congress’s mandate to establish a permanent repository for nuclear waste.
• He noted how the U.S.’s lack of a permanent program for addressing nuclear waste costs U.S. taxpayers $2 million per day.
  • He asserted that the U.S. must allow for the NRC to finish its application review of the Yucca Mountain nuclear waste repository.

 Witness Opening Statements:

The Hon. Kathryn Huff (U.S. Department of Energy):

• She remarked that the Biden-Harris administration is prioritizing activities that keep the U.S.’s existing fleet of nuclear reactors in operation, deploy advanced nuclear reactor technologies, sustain the U.S.’s nuclear fuel supply, and expand international nuclear energy cooperation.
• She stated that nuclear energy will play a “major” role in the transition to a carbon-free energy economy.
• She remarked that the U.S. must ensure that it possesses a secure and reliable source of nuclear fuel for both existing and future nuclear power plants.
  • She commented that Russia’s invasion of Ukraine has demonstrated the “grave” threat to global energy security posed by the U.S.’s dependence on Russian-supplied fuels. 
• She discussed how Russia is the largest global supplier of enriched uranium and currently accounts for a “significant” portion of the global nuclear fuel supply chain.
  • She noted how the U.S., the U.S.’s international allies, and the U.S.’s international partners are dependent on these Russian nuclear fuel supplies.
• She remarked that conversion and enrichment services from trusted sources are currently insufficient for replacing imports from Russia to the U.S.
  • She stated that the U.S. could not reliably make sufficient low enriched uranium or HALEU available to support the needs of its current nuclear reactor fleet, advanced nuclear reactors, research reactors, or medical isotope production facilities without expanding the domestic fuel cycle capacity and the production capacity of the U.S.’s allies and partners.
• She asserted that the U.S. could not continue to provide Russia with income for nuclear fuel materials and must eliminate its reliance on Russian nuclear energy materials.
• She contended that the U.S. must swiftly commence investments in domestic enrichment capabilities.
  • She expressed the U.S. Department of Energy’s appreciation for Congressional support for stimulating a sustainable and diverse commercial supply of HALEU.
  • She also stated that additional Congressional appropriations and authorization will be needed to implement a program to address current reliance on Russian uranium sources.
• She thanked the Committee for its work to develop legislation to address the U.S.’s nuclear fuel shortages and expressed the U.S. Department of Energy’s support for developing a robust and aggressive strategy for low enriched uranium (including HALEU).
  • She testified that the U.S. Department of Energy is preparing to issue a draft HALEU acquisition strategy pursuant to the Energy Act of 2020 within the context of a broader uranium strategy for the Department.
• She stated that the investments provided within the Inflation Reduction Act of 2022 for HALEU are enabling the U.S. Department of Energy to help the private sector in establishing a HALEU production and supply chain capability.
  • She commented that this production and supply chain capability would mitigate the U.S.’s reliance on Russia for various uranium products.
• She mentioned how the U.S. Department of Energy has held the first meeting of the HALEU Consortium as part of the HALEU Availability Program.
  • She indicated that this meeting had involved over 50 participants from across the nuclear energy industry.
• She remarked however that the promise of new advanced nuclear reactors can only be responsibly realized if the U.S. makes progress on its management of spent nuclear fuel.
  • She commented that a consent-based siting process should be used for developing interim storage and disposal options for spent nuclear fuel and high-level radioactive waste generated by nuclear reactors.
• She stated that the U.S. Department of Energy is making progress on consent-based siting for one or more federal consolidated interim storage facilities.
  • She testified that the U.S. Department of Energy is “actively working” with experts from its National Laboratories and reactor designers to collect data on proposed advanced nuclear reactor fuel forms to address spent nuclear fuel.
• She remarked that additional work will be needed to fully understand how nuclear fuels can be incorporated in a safe and secure manner into an integrated waste management system.

Dr. John Wagner (Idaho National Laboratory):

• He remarked that the U.S. no longer maintains a robust domestic nuclear fuel cycle capability and highlighted how U.S. uranium mining has decreased by 92 percent since 1980.
  • He indicated that the U.S.’s only uranium conversion facility had been idled in 2017.
  • He further indicated that the U.S. only has one operating uranium enrichment facility and that this facility has the capacity to support about one-third of the current nuclear reactor fleet.
• He discussed how modern nuclear reactors run on low enriched uranium and noted how the U.S. currently imports over 90 percent of the uranium needed to support its current nuclear reactor fleet.
  • He indicated that approximately 14 percent of this imported uranium comes from Russia and commented that Russia’s invasion of Ukraine has put the U.S. and its allies in a precarious position.
• He asserted that the development of new domestic mining, conversion, and enrichment capabilities would provide fuel certainty to the U.S.’s existing nuclear fleet and help to ensure the U.S.’s energy security.
• He then discussed how advanced nuclear energy technologies will run on HALEU and explained that HALEU enables nuclear reactor developers to achieve smaller designs with higher power densities and to optimize their systems for increased efficiency.
  • He indicated that the U.S. Department of Energy projects that the initial deployment of advanced nuclear reactors will require more than 20 metric tons of HALEU before the end of the decade.
• He noted how the only commercial source for HALEU at this time is Russia and stated that this situation presents both a challenge and an opportunity for the U.S.
  • He commented that while the U.S. would ideally expand its low enriched uranium fuel cycle capabilities to the HALEU fuel cycle, he asserted that the expansion of these capabilities is currently not possible.
• He remarked that developing a fully domestic HALEU fuel cycle would address the U.S.’s low enriched uranium and HALEU needs.
• He discussed how Idaho National Laboratory is “actively working” to supply HALEU from legacy spent fuel materials and is making this HALEU available to private companies (including Oklo)
  • He commented that public and private support for the deployment of advanced nuclear reactors would lead the global HALEU market to “significantly” expand.
• He then remarked that the U.S. possesses the technical capacity and knowledge to responsibly manage spent nuclear fuel and asserted that Congress must provide a policy solution for this issue.
  • He noted how there have been several attempts to amend the Nuclear Waste Policy Act of 1982 and indicated that none of these attempts have been successful.
  • He also commented that the Blue Ribbon Commission on America’s Nuclear Future report provides a comprehensive review of nuclear waste issues and “thoughtful” recommendations.
• He stated that the near-term deployment of consolidated interim storage would be a useful component of an integrated waste management system.
  • He also commented that while the recycling of advanced nuclear reactor spent fuels is possible, he asserted that there will always be a need for deep geological repository capacity.
• He remarked that private sector companies and investors contemplating nuclear energy investments are concerned over the U.S.’s dependence on nuclear fuel imports and “broken” nuclear waste policy.
  • He commented that the development of a fully domestic HALEU supply and legislation to address nuclear waste would inspire investments in microreactor technologies, SMRs, and other advanced nuclear energy technologies.

Mr. Joseph Dominguez (Constellation):

• He discussed how his company, Constellation, is the largest private nuclear energy company in the world and indicated that the company operates about one quarter of the U.S.’s nuclear reactors.
  • He testified that Constellation had produced about 11 percent of the U.S.’s clean energy from its nuclear reactors.
• He remarked that nuclear energy is very important and commented that the U.S. has experienced problems with unreliable energy over the previous decade.
  • He mentioned how the U.S. had almost lost critical energy systems during the 2014 polar vortex and had faced significant power failures during the most recent winter.
• He asserted that the performance of the U.S.’s nuclear energy fleet had been key to averting energy crises or preventing energy problems from worsening in recent years.
• He remarked that nuclear energy is therefore critical to the U.S.’s energy security and stated that nuclear energy affordability and reliability would be key to supporting the U.S.’s transition to clean energy sources.
  • He contended that a zero-emission baseload fuel source will become even more important during this energy transition.
• He then discussed how the U.S.’s nuclear energy industry is dependent on fuel sources that are not domestically produced.
  • He warned that the U.S. is vulnerable to having Russia cut off these fuel sources, which could undermine the reliability of the U.S.’s energy system.
  • He commented that a sudden elimination of fuel source access could be especially problematic during a period of high energy demand (such as the winter months).
• He commended the Committee for its efforts to support the U.S.’s domestic nuclear fuel production capabilities.
• He expressed interest in working to support the U.S.’s domestic nuclear fuel production capabilities and suggested that a cost-sharing model could support these efforts.

Congressional Question Period:

Full Committee Chairman Joe Manchin (D-WV):

• Chairman Manchin remarked that the Committee had worked during the previous 117th Congress to maintain the U.S.’s global leadership position in nuclear energy. He asked the witnesses to indicate whether the U.S. needs to eliminate its dependence on foreign countries (including Russia) for nuclear fuel, conversion, and enrichment capabilities.
  • Assistant Secretary Huff answered affirmatively.
  • Dr. Wagner answered affirmatively.
  • Mr. Dominguez answered affirmatively.
• Chairman Manchin asked the witnesses to indicate whether the U.S. needs to extend the Price-Anderson Nuclear Industries Indemnity Act.
  • Assistant Secretary Huff answered affirmatively.
  • Dr. Wagner answered affirmatively.
  • Mr. Dominguez answered affirmatively.
• Chairman Manchin asked the witnesses to indicate whether the U.S. needs to create a federal agency to use a community consent-based approach to establish nuclear waste facilities.
  • Assistant Secretary Huff answered affirmatively.
  • Dr. Wagner answered affirmatively.
  • Mr. Dominguez answered affirmatively.
• Chairman Manchin asked the witnesses to indicate whether the U.S. is eliminating baseload fuels faster than it is bringing online dependable and reliable energy sources.
  • Assistant Secretary Huff answered affirmatively.
  • Dr. Wagner answered affirmatively.
  • Mr. Dominguez answered affirmatively.
• Chairman Manchin stated that there exist only two types of baseload fuels: nuclear fuels and coal fuels. He mentioned how the U.S. is beginning to replace coal with gas and commented that gas is less reliable than coal. He also expressed concerns over the viability of nuclear energy companies within a merchant market. He elaborated that renewable fuels cannot be easily stored, which fosters volatile energy prices. He commented that nuclear energy companies have costs that are constant and high. He asked Mr. Dominguez to address how the U.S. could account for these issues when developing its energy policy.
  • Mr. Dominguez remarked that replacing consistent energy sources with intermittent energy sources constitutes a significant engineering challenge for the U.S. He stated that the U.S. had failed to recognize the challenges associated with adopting intermittent energy sources (such as renewable energy sources). He commented that the consequences of these efforts had thus far been fairly small, which he attributed to the limited adoption of renewable energy sources. He noted how the U.S. had worked to replace its coal power resources with natural gas power resources. He highlighted however that the 2014 polar vortex had caused the U.S. to lose about 40 percent of its natural gas resources. He also mentioned how the U.S. had more recently lost 30 percent of its natural gas resources during a period of increased power demand.
• Chairman Manchin interjected to state that many people take the availability of energy in the U.S. for granted. He commented that the U.S.’s energy system is very fragile in reality. He then discussed how Congress had passed both the IIJA and the Inflation Reduction Act of 2022. He asked the witnesses to address the impacts of these laws on the U.S.’s energy grid, the U.S.’s energy mix, and the U.S.’s ability to attract investments.
  • Assistant Secretary Huff remarked the tax credits contained in these laws will increase the likelihood that existing nuclear power plants will extend their licenses and that new nuclear power plants will have the financial incentives to be built out. She also stated that these laws will bolster the U.S. energy grid’s reliability, security, and sustainability.
  • Dr. Wagner remarked that the recently established Civil Nuclear Credit Program is very important for some of the U.S.’s existing nuclear reactors. He also stated that the Inflation Reduction Act of 2022’s production tax credit has been very beneficial and highlighted how nuclear energy sources are eligible for this credit. He noted how nuclear energy sources have previously been ineligible for many federal tax credit programs.
• Chairman Manchin asked Dr. Wagner to indicate whether the IIJA and the Inflation Reduction Act of 2022 are attracting foreign investment into the U.S.
  • Dr. Wagner answered affirmatively.
  • Mr. Dominguez remarked that the IIJA and the Inflation Reduction Act of 2022’s tax credits have been very helpful in extending the lifespans of nuclear energy facilities. He also stated that the U.S.’s recent actions have enabled nuclear energy projects to qualify for ESG investment opportunities, which has supported the nuclear energy industry’s access to capital.

Full Committee Ranking Member John Barrasso (R-WY):

• Ranking Member Barrasso mentioned how he had long advocated for the U.S. Department of Energy to accelerate its development of a domestic source for HALEU. He noted how TerraPower had recently announced that it anticipates a two-year delay in the operation of its Natrium reactor. He attributed this delay to the U.S. Department of Energy’s failure to develop a domestic HALEU source. He asked Assistant Secretary Huff to indicate when the U.S. Department of Energy will request proposals from the nuclear energy industry to establish commercial production sources for HALEU.
  • Assistant Secretary Huff first thanked Ranking Member Barrasso for his support for funding the development of domestic HAELU production capabilities. She then testified that the U.S. Department of Energy’s acquisition strategy to support the domestic development of enriched uranium products is currently going through the interagency review process. She stated that the U.S. Department of Energy expects this strategy to be released “very soon.”
• Ranking Member Barrasso commented that the U.S. Department of Energy appears genuine in its desire to quickly release its acquisition strategy to support the domestic development of enriched uranium products. He asked Assistant Secretary Huff to identify the source of the delays for the release of this acquisition strategy.
  • Assistant Secretary Huff remarked that the U.S. Department of Energy wants to ensure that its acquisition strategy to support the domestic development of enriched uranium products is well-designed. She called it “critically important” for the entire federal government to review and provide input on this strategy. She stated that this approach would ensure that the final strategy would be well-designed and receive broad support.
• Ranking Member Barrasso asked Assistant Secretary Huff to indicate whether the U.S. Department of Energy is receiving pushback from the White House or other federal agencies on its acquisition strategy to support the domestic development of enriched uranium products.
  • Assistant Secretary Huff remarked that the White House is interested in releasing the U.S. Department of Energy’s acquisition strategy to support the domestic development of enriched uranium products. She stated that the Executive Branch is most focused on ensuring that the final strategy is well-designed.
• Ranking Member Barrasso asked Assistant Secretary Huff to indicate whether the White House Office of Management and Budget (OMB) is delaying the progress of the U.S. Department of Energy’s acquisition strategy to support the domestic development of enriched uranium products.
  • Assistant Secretary Huff stated that the White House OMB is involved in the interagency review of the U.S. Department of Energy’s acquisition strategy to support the domestic development of enriched uranium products.
• Ranking Member Barrasso asked Assistant Secretary Huff to indicate whether someone is intentionally working to delay the release of the U.S. Department of Energy’s acquisition strategy to support the domestic development of enriched uranium products based on an aversion to nuclear energy.
  • Assistant Secretary Huff expressed her belief that the Biden administration seeks to promptly issue the U.S. Department of Energy’s acquisition strategy to support the domestic development of enriched uranium products. She reiterated the Biden administration’s focus on ensuring that this acquisition strategy is well designed.
• Ranking Member Barrasso then discussed how domestic suppliers can produce nuclear fuel for nuclear reactors and commented that these suppliers need clear market signals to justify increased production. He stated that the U.S.’s nuclear utilities have helped to send these market signals through committing to purchase U.S. uranium. He asked Mr. Dominguez to discuss how Constellation is providing market signals to U.S. nuclear fuel suppliers to domestically produce their fuels.
  • Mr. Dominguez testified that Constellation has worked with domestic uranium miners, converters, and enrichers to help them develop their capabilities. He stated that his company’s market signals will help to spur the domestic development of nuclear fuels and that his company had long provided these signals. He indicated that his written testimony outlines the actions that Constellation has taken to support the development of domestic nuclear fuels.
• Ranking Member Barrasso then noted how he had introduced bipartisan legislation that would authorize the U.S. Department of Energy to execute its plan to address the U.S.’s nuclear fuel availability. He mentioned how the Nuclear Energy Institute and three other organizations had recently sent letters endorsing a proposal to use funds from the Civil Nuclear Credit Program to ensure the U.S.’s nuclear fuel availability. He asked Mr. Dominguez to indicate whether the U.S. could repurpose a portion of the Civil Nuclear Credit Program’s funds without negatively impacting operating nuclear reactors.
  • Mr. Dominguez commented that Assistant Secretary Huff is better able to opine on the usefulness of the Civil Nuclear Credit Program. He testified that Constellation does not intend to use the Civil Nuclear Credit Program. He stated that his main focus is spurring the development of domestic nuclear fuel sources.
• Ranking Member Barrasso commented that he might ask Assistant Secretary Huff to opine on the potential repurposing of Civil Nuclear Credit Program funds during a second round of questions. He then noted how the U.S. Department of Energy has limited quantities of highly enriched uranium that can be downblended for use in advanced nuclear reactors. He also mentioned how the U.S. Department of Energy maintains stockpiles of spent fuel and nuclear waste.  He stated that these resources can be processed and fabricated into fuel to meet the near-term needs of advanced nuclear reactors. He asked Dr. Wagner to discuss the Idaho National Laboratory’s efforts to make HALEU available to advanced nuclear reactors.
  • Dr. Wagner discussed how there exist two categories of nuclear materials: unirradiated high enriched uranium (which can be potentially downblend into HALEU) and irradiated materials (such as high enriched uranium and spent nuclear fuel). He stated that the Idaho National Laboratory is processing Experimental Breeder Reactor-II (EBR-II) material so that it can be made available for small reactor demonstration projects and for uses in fuel design and testing. He commented that this limited amount of fuel will serve an important need in the near-term. He stated however that this material is not ideal for all nuclear reactor types.

Sen. Martin Heinrich (D-NM):

• Sen. Heinrich noted how his state of New Mexico contains a plant that addresses roughly one-third of the domestic demand for enriched uranium. He commented that New Mexico is poised to play a key role in the U.S. Department of Energy’s upcoming implementation of its HALEU availability program. He noted however that the U.S. Department of Energy’s previous HALEU demonstration program had been awarded as a sole source contract, which had left the New Mexico plant unable to participate in the program. He asked Assistant Secretary Huff to indicate whether she could provide assurance that the U.S. Department of Energy’s upcoming HALEU availability program will involve a competitive process that will enable the New Mexico plant to bid for this work.
  • Assistant Secretary Huff expressed the U.S. Department of Energy’s commitment to making the bidding process for its upcoming HALEU availability program “fully competitive.”
• Sen. Heinrich then stated that the NRC has consistently rejected new nuclear projects throughout its 48-year history. He asked Assistant Secretary Huff to indicate whether the NRC is “broken” and whether Congress should consider adopting a different regulatory framework for the nuclear energy space.
  • Assistant Secretary Huff called it critical for the U.S. nuclear energy regulatory system to work efficiently so that the U.S. can meet its carbon emissions reduction goals. She stated that the NRC faces significant challenges and expressed hope that the NRC could streamline their processes. She indicated that while she is limited in her capacity to influence the NRC, she asserted that the NRC must improve its efficiency so that the U.S. can achieve its climate change goals.
• Sen. Heinrich then discussed how one of the challenges with traditional light-water nuclear reactors has been their high costs per kilowatt-hour. He commented that production tax credits help to mitigate these challenges. He asked Mr. Dominguez to address how the U.S. could bring down the costs for nuclear reactors. He commented that these high costs are limiting the deployment of nuclear reactors.
  • Mr. Dominguez asserted that the U.S.’s current “unlevel playing field” for energy has made its nuclear fleet uneconomic.
• Sen. Heinrich interjected to state that all energy sources receive tax credits and that the Price-Anderson Nuclear Industries Indemnity Act socializes insurance costs for the nuclear energy industry. He expressed interest in reducing the costs of deploying nuclear reactors.
  • Mr. Dominguez remarked that policymakers should view the U.S.’s existing nuclear fleet and the introduction of new nuclear energy technologies as distinct issues. He stated that the cost of financing new nuclear energy facilities is very high and added that licensing challenges further contribute to these costs. He contended that the U.S. must change its philosophy around nuclear reactor construction. He recommended that the U.S. focus more on factory-built SMRs that can be constructed much quicker. He testified that his company could not afford to undertake the construction of a new large dual-unit facility, despite the fact that the company already owns 23 dual-unit nuclear facilities. He discussed how SMRs can be quickly deployed, which enables nuclear energy companies to collect revenues sooner and recoup their construction expenditures. He then stated that the current lack of availability of nuclear fuel often limits the ability of nuclear energy companies to attract investors. He indicated that these investors are concerned that Russia might shut off U.S. nuclear energy companies from obtaining nuclear fuels.
• Sen. Heinrich acknowledged that his question period time had expired. He asserted that policymakers must ensure that SMRs are actually small and modular. He raised concerns that larger reactors might be falsely marketing themselves as SMRs and commented that these larger reactors might be more complex in design (which might limit their ability to be deployed).
  • Mr. Dominguez noted how there currently does not exist a single definition for SMRs and indicated that SMRs can heavily vary in terms of size.

Sen. Bill Cassidy (R-LA):

• Sen. Cassidy highlighted how X-energy and Dow are partnering on high heat nuclear reactors to create lower carbon products. He asked Assistant Secretary Huff to discuss how the U.S. Department of Energy is working with manufacturers to ensure the success of the ARDP.
  • Assistant Secretary Huff first expressed the U.S. Department of Energy’s excitement over the prospects that advanced nuclear capabilities could support industrial decarbonization efforts. She stated that the U.S. Department of Energy is supporting advanced nuclear technologies through R&D activities at its National Laboratories and the ARDP. She indicated that the U.S. Department of Energy is overseeing the ARDP through its Office of Clean Energy Demonstrations (OCED). She further noted how the U.S. Department of Energy’s Office of Nuclear Energy and National Laboratories are supporting nuclear energy technology deployments from TerraPower, X-energy, and NuScale.
• Sen. Cassidy asked Assistant Secretary Huff to address whether the U.S. Department of Energy’s current nuclear energy technology deployment strategy will make these new technologies more economically feasible.
  • Assistant Secretary Huff answered affirmatively. She discussed how the U.S. Department of Energy is exploring various types of clean energy markets, including hydrogen fuels and advanced aviation fuels.
• Sen. Cassidy interjected to ask Assistant Secretary Huff to address how the U.S. Department of Energy plans to promote the commercial deployment of their R&D.
  • Assistant Secretary Huff remarked that the U.S. must work to fully deploy its R&D so that it can achieve its carbon emissions reduction goals. She stated that the U.S. Department of Energy’s demonstration projects are meant to develop novel technologies that can eventually be scaled up.
• Sen. Cassidy asked Assistant Secretary Huff to answer whether these demonstration projects will be successful.
  • Assistant Secretary Huff expressed confidence in the U.S.’s ability to launch a SMR by the end of the decade.
• Sen. Cassidy then noted how the U.S. Department of Energy will soon release a request for proposal (RFP) for establishing a new HALEU development capacity. He called this expected RFP release a positive development and commented that there needs to exist multiple HALEU producers. He asked Assistant Secretary Huff to discuss the U.S. Department of Energy’s commitment to ensuring that their upcoming RFP will result in multiple U.S. HALEU producers.
  • Assistant Secretary Huff remarked that the maintenance of a diverse HALEU supplier base will support the security of the U.S.’s HALEU supply. She expressed the U.S. Department of Energy’s commitment to ensuring that their HALEU acquisition approach would be flexible enough to support multiple HALEU suppliers.
• Sen. Cassidy asked Assistant Secretary Huff to address the extent to which the U.S. is creating international markets for its nuclear products under development. He commented that the creation of international markets can reduce the marginal costs of producing these products and achieve other goals.
  • Assistant Secretary Huff testified that the list of countries interested in engaging with the U.S. on nuclear products is growing every day. She stated that all of the U.S.’s partners and allies involved in the fuel cycle supply chain will likely soon engage with the U.S. on strategic investments. She also mentioned how many countries are interested in using new nuclear technologies. She indicated that these countries include both countries with new nuclear energy programs and countries with existing nuclear energy programs.  She commented that all of these countries need a secure nuclear fuel supply.
• Sen. Cassidy asked Assistant Secretary Huff to indicate whether she was confident regarding the international demand for U.S. nuclear technologies.
  • Assistant Secretary Huff remarked that U.S. nuclear technology is “well-trusted” internationally. She called the U.S.’s nuclear technology “ahead of the game” and stated that the U.S.’s technological dominance is especially present within the SMR space.
• Sen. Cassidy then mentioned how Congress had developed the Civil Nuclear Credit Program as part of the IIJA and explained that this Program provides funding to keep existing U.S. nuclear energy facilities online. He noted how there had been discussions of Civil Nuclear Credit Program funds being used for a California nuclear energy plant that is not at risk of closing. He asked Assistant Secretary Huff to detail how the U.S. Department of Energy is looking to use the Civil Nuclear Credit Program to promote nuclear energy sources.
  • Assistant Secretary Huff noted how the Civil Nuclear Credit Program had moved from the U.S. Department of Energy’s Office of Nuclear Energy to the Department’s Grid Deployment Office (GDO). She mentioned how the U.S. Department of Energy had recently opened its second round of applications for the Civil Nuclear Credit Program and indicated that a broader set of plants are eligible for this round. She stated that there will likely remain nuclear energy plants that will continue to apply for the Civil Nuclear Credit Program, even with the Inflation Reduction Act of 2022’s production tax credits. She described the Civil Nuclear Credit Program as a long-term program and commented that nuclear power plants will have multiple opportunities to apply for the Program.

Sen. Catherine Cortez Masto (D-NV):

• Sen. Cortez Masto remarked that the recent train derailment in East Palestine, Ohio underscores her state of Nevada’s concerns regarding efforts to move spent nuclear and fuel high level nuclear waste to the proposed Yucca Mountain nuclear waste repository. She stated that the proposed Yucca Mountain nuclear waste repository would require the shipment of over 9,000 casks of nuclear waste on 2,800 trains over the next 50 years through some of Nevada’s most visited and populated areas (as well as communities throughout the U.S.). She asserted that state consent for nuclear-related projects is therefore critical and expressed appreciation for the Biden administration’s support for consent-based siting for nuclear waste storage and disposal facilities. She expressed hope that Congress could develop a solution to the issue of nuclear waste storage. She then asked Assistant Secretary Huff to discuss how other countries are addressing the issue of nuclear waste recycling and to comment on how these efforts compare to those of the U.S. She also asked Dr. Wagner to discuss how the U.S. Department of Energy National Laboratories are approaching the issue of nuclear waste recycling.
  • Assistant Secretary Huff indicated that while the U.S. currently does not encourage commercial reprocessing of nuclear waste, she stated that the U.S. is engaged in R&D efforts around nuclear waste recycling. She mentioned how the U.S. is supporting R&D activities around advanced nuclear fuel cycles and expressed optimism regarding the future prospects of nuclear waste recycling technologies.
  • Dr. Wagner mentioned how he had been directly involved in the designing and licensing of spent fuel transportation casks. He asserted that these casks are very robust and stated that these casks can withstand train derailments. He then discussed how much of the recycling technology for spent nuclear fuels had been developed in the U.S. He noted how the U.S. had recycled spent various types of nuclear fuel for decades. He mentioned how the U.S. was already processing high enriched uranium material for disposal and had realized that it could clean up this high enriched uranium material to make new fuel. He stated that these activities are limited to the U.S. Department of Energy’s owned material with specific goals of addressing gaps in the U.S.’s HALEU supply.
• Sen. Cortez Masto mentioned how scientists and the federal government had previously told Nevada that atomic testing in the state’s deserts was safe. She commented that this testing has subsequently proven to be unsafe. She remarked that the U.S. must ensure the safety of nuclear waste disposal and commented that it is currently not safe for the U.S. to pursue the proposed Yucca Mountain nuclear waste repository. She stated that new technology must be leveraged to ensure the safe disposal of nuclear waste and contended that the current federal law governing this issue is archaic. She lastly remarked that advanced nuclear reactors can support clean energy.

Sen. Cindy Hyde-Smith (R-MS):

• Sen. Hyde-Smith mentioned how her state of Mississippi is home to one of the U.S.’s largest nuclear reactors and commented that nuclear energy is very important to the state. She remarked that nuclear energy has proven to be one of the lowest cost and most reliable energy sources. She asserted that the war between Russia and Ukraine makes it more urgent for the U.S. to reduce its dependence on Russia’s enriched uranium. She stated however that the Biden administration has been hesitant to reduce this reliance. She noted that while the Biden administration has sanctioned Russian petroleum products, natural gas, and coal, the Biden administration has not yet sanctioned Russian uranium. She called it critical for the U.S. to cut off all Russian imports, including uranium. She remarked that the U.S. should strengthen its domestic nuclear fuel supply chain and establish itself as a global energy leader. She asked Assistant Secretary Huff to indicate why the U.S. is not eliminating its reliance on Russian-produced nuclear energy materials.
  • Assistant Secretary Huff remarked that the U.S. should stop supporting the Russian government through its purchases of Russian uranium. She stated however that it would take several years for the U.S. to stand up new fuel cycle capacity to replace the nuclear materials currently being imported from Russia. She also noted that the U.S. only possesses a finite amount of domestic nuclear material. She stated that the U.S. wants to expand its fuel cycle capacity and pair this expansion with import restrictions. She asserted that these two actions must be paired to prevent disruptions in the nuclear fuel supplies for the U.S.’s existing nuclear power plants. She noted how there currently exist very few uranium enrichment facilities and indicated that the only private uranium enrichment facilities are located in the U.S.
• Sen. Hyde-Smith asked Assistant Secretary Huff to address how the U.S. could increase its domestic capacity for uranium conversion and enrichment without having the federal government compete with commercial nuclear operators for a scarce resource. She also asked Assistant Secretary Huff to indicate whether the U.S. is considering other financing tools (such as cost-sharing and loan guarantees) to support domestic uranium conversion and enrichment capabilities.
  • Assistant Secretary Huff first noted how uranium enrichers currently have access to federal loan guarantees. She then discussed how the U.S. Department of Energy provides long-term commitments for nuclear offtake agreements and indicated that the Department provides payment upon the receipt of the nuclear material. She commented that this approach ensures that U.S. taxpayer funds will actually go to the production of new nuclear material from new capacity. She testified that the U.S. Department of Energy had considered cost-sharing and grants to promote domestic uranium conversion and enrichment capabilities and had concluded that long-term offtake agreements would constitute the optimal strategy for protecting U.S. taxpayer funds. She noted that this strategy is currently undergoing interagency review and stated that the U.S. Department of Energy’s nuclear material acquisition strategy will likely be released soon.

Sen. Angus King (I-ME):

• Sen. King stated that there has been no apparent progress on the deployment of SMRs. He asked Dr. Wagner to indicate how close the U.S. is to developing and deploying SMRs.
  • Dr. Wagner expressed confidence that the U.S. would soon develop and deploy SMRs. He mentioned how the Idaho National Laboratory had published a projected timeline of new nuclear reactor operations. He indicated that this timeline expects that the SMR project between Utah Associated Municipal Power Systems (UAMPS) and NuScale will open in 2029. He noted how this project had recently received its design certification from the NRC and acknowledged that this process had taken longer than anticipated.
• Sen. King interjected to ask Dr. Wagner to indicate whether the U.S. will have commercial SMRs by the end of the decade.
  • Dr. Wagner answered affirmatively. He stated that UAMS and NuScale are working to launch their commercial SMR project during the summer of 2029. He commented however that this ability to deploy this project is contingent on access to adequate financial resources.
• Sen. King then discussed how the U.S. has 21 stranded nuclear waste sites and indicated that one of these sites is located within his state of Maine. He added how many operating nuclear plants store nuclear waste onsite. He stated that the U.S. is currently storing its nuclear waste throughout the country and commented that this approach is suboptimal. He asked Assistant Secretary Huff to indicate when the U.S. plans to address this nuclear waste storage issue.
  • Assistant Secretary Huff expressed support for consolidating the U.S.’s nuclear waste storage sites. She stated the U.S. Department of Energy is making progress on addressing nuclear waste storage issues and mentioned how Congress had provided the Department with funding for consent-based siting efforts. She testified that the U.S. Department of Energy is currently reviewing applications for a funding opportunity announcement of $26 million and explained that this funding would go to communities to support projects regarding spent nuclear fuel interim storage.
• Sen. King interjected to ask Assistant Secretary Huff to indicate whether there are places in the U.S. that are considering whether to host nuclear waste storage facilities.
  • Assistant Secretary Huff answered affirmatively.
• Sen. King commented that the U.S. would need to address how it will transport nuclear waste to nuclear waste storage facilities. He then discussed how there are cost concerns surrounding nuclear power. He asked Mr. Dominguez to provide an estimate of the cost-per-megawatt for constructing a new nuclear power plant. He indicated that he had seen estimates that constructing a new nuclear power plant will cost between $5 million per megawatt and $6 million per megawatt. He asked Mr. Dominguez to comment on the accuracy of this estimate.
  • Mr. Dominguez stated that the current cost of constructing a new nuclear power plant is probably between $5 million per megawatt and $6 million per megawatt. He commented however that this construction cost could fall to $3.5 million per megawatt over time.
• Sen. King asked Mr. Dominguez to estimate the cost of maintaining or extending the life of an existing nuclear power plant on a per megawatt basis.
  • Mr. Dominguez stated that it costs between $35 million to $60 million to preserve a nuclear power plant. He discussed how a nuclear power plant’s components are constantly being replaced throughout the plant’s lifetime and commented that nuclear power plants can generally operate well beyond the initial terms of their licenses. He stated that extending the lifespan of nuclear power plants will generally involve licensing work, as well as some cable and pipe work. He commented that the cost of this work is “incredibly modest.”
• Sen. King interjected to ask Mr. Dominguez to confirm that it is fiscally feasible to extend the life of an existing nuclear power plant.
  • Mr. Dominguez remarked that extending the life of an existing nuclear power plant is fiscally feasible and mentioned how Constellation had extended the lifespans of several of its existing nuclear plants.
• Sen. King interjected to remark that one problem with the U.S.’s energy markets is that it focuses too much on current costs. He commented that gasoline is an example of an energy source with presently low costs that can rise in the future. He acknowledged that while nuclear energy will require a lot of capital to develop, he stated that nuclear energy has low operating costs.
  • Mr. Dominguez reiterated that Constellation is constantly replacing the components of its nuclear power plants, which means that these plants produce similar or greater amounts of energy over time. He added that these nuclear power plants can operate beyond the terms of their licenses.
• Sen. King lastly asked Mr. Dominguez to identify the lessons learned from the Zaporizhzhia Nuclear Power Plant in Ukraine about the vulnerability of nuclear plants. He noted that while the Zaporizhzhia Nuclear Power Plant has not been directly attacked, he mentioned that this Power Plant has had its power lines cut. He indicated that the Zaporizhzhia Nuclear Power Plant does not have the energy needed to cool the plant and is currently relying upon a three-week supply of diesel to support cooling efforts.
  • Mr. Dominguez remarked that the nuclear energy industry had learned about the dangers associated with a lack of onsite fuels from Japan’s experience. He stated that Constellation had adopted several technologies to ensure that its nuclear power plants would continue to operate if the plants were to become disconnected from the energy grid. He commented however that a military attack on a nuclear power plant would pose unique challenges.
• Sen. King interjected to express concerns over the consequences of a cyberattack that disabled the U.S.’s energy grid.
  • Mr. Dominguez stated that Constellation had built in capabilities to address potential energy grid disruptions based on Japan’s experience with the Fukushima nuclear disaster.

Sen. Josh Hawley (R-MO):

• Sen. Hawley asked Assistant Secretary Huff to indicate whether nuclear waste should be stored near school children.
  • Assistant Secretary Huff commented that nuclear waste should not be stored near school children.
• Sen. Hawley noted how there is a Missouri elementary school with nuclear material on its premises and indicated that this school has been forced to close. He acknowledged that the U.S. Department of Energy’s Office of Nuclear Energy did not oversee this specific issue. He expressed his frustration however with the failure of the U.S. Department of Energy and the U.S. Army Corps of Engineers to provide an explanation of this situation. He called on the Biden administration to address this issue and indicated that he would place a hold on every U.S. Department of Energy nomination until this situation is accounted for. He then asked Assistant Secretary Huff to address how reliant U.S. nuclear power producers are on Chinese suppliers for reactors and components.
  • Assistant Secretary Huff remarked that China’s ability to supply components for nuclear reactors has increased. She stated however that the U.S.’s reliance on Chinese suppliers for nuclear fuel is “pretty limited.” She commented that Mr. Dominguez might be better situated to discuss the extent to which U.S. nuclear power producers are dependent on Chinese suppliers for reactors and components.
  • Mr. Dominguez expressed agreement with Assistant Secretary Huff’s response. He remarked that Russia is a larger supplier to the U.S. nuclear energy industry than China is. He indicated that his response is based on Constellation’s experience. He stated that Constellation has historically purchased supplies from multiple countries for risk management purposes. He testified however that his company purchases very few supplies from China.
• Sen. Hawley asked Assistant Secretary Huff to discuss the actions that the U.S. Department of Energy is taking to move the U.S.’s nuclear supply chains out of China.
  • Assistant Secretary Huff called it important for the U.S. to diversify its nuclear supply chains. She mentioned how the U.S. Department of Energy has written a report that identifies nuclear supply chain bottlenecks and provides recommendations for where the nuclear energy industry should increase the robustness of its supply chains. 
• Sen. Hawley then noted how Chinese leadership has expressed its intention to double China’s nuclear energy capacity by 2035. He mentioned how the Chinese government has employed industrial espionage to advance all aspects of its industrial agenda and commented that this strategy has proven successful. He asked Assistant Secretary Huff to indicate whether Chinese intelligence services are targeting employees or other people in the U.S. nuclear energy industry for intelligence gathering purposes.
  • Assistant Secretary Huff suggested that Sen. Hawley direct his inquiry to the federal intelligence agencies in a more classified setting. She noted however that the U.S. has indicted one Chinese company for engaging in espionage activities related to nuclear energy.
• Sen. Hawley indicated that his question period time had expired and expressed his intention to submit additional questions to Assistant Secretary Huff for the hearing’s record.

Sen. John Hickenlooper (D-CO):

• Sen. Hickenlooper discussed how nuclear fuel cycles support commercial reactors, research reactors, and educational reactors. He noted how some of these research reactors are outside of the U.S. Department of Energy, including the U.S. Geological Survey (USGS) Research Reactor in Colorado. He indicated that the USGS Research Reactor is operated in conjunction with the Colorado School of Mines. He asked Assistant Secretary Huff to address how the U.S. Department of Energy can ensure effective coordination with other agencies to intelligently deploy their resources to meet the U.S.’s research and workforce needs.
  • Assistant Secretary Huff mentioned how she is a former professor and stated that research and educational reactors are very important. She discussed how the U.S. Department of Energy’s Office of Nuclear Energy works to support these reactors through fuel provisions and to provide these reactors with infrastructure support. She called it critical for students and the workforce to have access to research and educational nuclear reactors for training purposes. She indicated that the Office of Nuclear Energy’s Nuclear Energy University Program is “constantly engaging” with research and educational reactors to better understand their needs and to inform these reactors moving forward.
• Sen. Hickenlooper then remarked that Congress will need to take action to establish a consent-based nuclear waste management framework. He asked Dr. Wagner to discuss how the Idaho National Laboratory’s technology development and outreach can be helpful to a community that is considering whether to host a nuclear waste storage facility.  He also asked Dr. Wagner to address how a consent-based nuclear waste management framework should make technological considerations.
  • Dr. Wagner discussed how the U.S. Department of Energy is actively processing grant proposals to support communities in assessing the technologies and issues surrounding spent nuclear waste storage, transportation, and disposal. He also stated that the Idaho National Laboratory could serve as a resource to communities for information about nuclear energy, spent nuclear fuel, and recycling options. He highlighted how the Idaho National Laboratory frequently hosts town hall sessions in communities to provide this education and commented that these community outreach efforts could be expanded.
• Sen. Hickenlooper remarked that community outreach would play a key role in addressing the U.S.’s nuclear waste management issues. He discussed how spent nuclear fuel is currently being safely stored at existing nuclear sites. He also noted how the U.S. Department of Energy says that it is using its existing authorities to make progress on federal interim storage facilities. He asked Assistant Secretary Huff to discuss the constraints that are preventing the U.S. Department of Energy from constructing and operating interim storage facilities.
  • Assistant Secretary Huff noted how the Nuclear Waste Policy Act of 1982 currently links the siting of a final nuclear waste repository with the construction of an interim nuclear waste storage facility. She suggested that the U.S. might want to reevaluate this linkage to support the construction of new interim nuclear waste storage facilities. She stated that the rationale for this linkage was to guard against situations where an interim nuclear waste storage facility would serve as a de facto permanent nuclear waste repository. She noted however that the Nuclear Waste Policy Act of 1982 had identified the final nuclear waste repository as the proposed Yucca Mountain nuclear waste repository. She commented that the proposed Yucca Mountain nuclear waste repository faces significant political challenges.

Sen. Lisa Murkowski (R-AK):

• Sen. Murkowski discussed how her state of Alaska is very interested in pursuing SMRs and other advanced nuclear reactor technologies given its geography, small population, and challenges accessing its own resources. She commented that SMRs can especially help smaller villages that must currently rely upon diesel fuels for power. She mentioned how the U.S. Department of Defense (DoD) and the U.S. Department of Energy had chosen Eielson Air Force Base in Alaska for a pilot program meant to increase energy resilience. She indicated that this pilot program will result in the launch of a microreactor in 2027. She noted how the DoD had released their RFP in September 2022 to supply one microreactor and indicated that the process for launching this microreactor remains on schedule. She explained that this microreactor will supplement the Eielson Air Force Base’s current energy sources as a redundant resilience measure. She also mentioned how Idaho National Laboratory is participating in the ARDP and plans to support the launch of the first commercial SMR by 2029. She asked Dr. Wagner to provide a status update on the permitting and licensing process for these advanced nuclear reactors. She also asked Dr. Wagner to provide recommendations for improving these processes. She further asked Dr. Wagner to indicate whether the 2029 target date for launching a commercial SMR is reasonable.
  • Dr. Wagner first stated that he viewed SMRs as being in the order of a few hundred megawatts and indicated that X-energy, TerraPower, NuScale, and GE are involved within this space. He testified that Idaho National Laboratory is working with several partners (including the DoD) to demonstrate several new nuclear reactors this decade before 2029. He noted that the new types of nuclear reactors that will be launched before 2029 will be microreactors, which range between several hundred kilowatts to 10 megawatts in size. He stated that Idaho National Laboratory intends to have three new microreactors demonstrated on its site by 2026. He indicated that these three new microreactors will be U.S. Department of Energy-authorized and will involve gigawatt scale systems. He commented that these smaller systems will enable the U.S. Department of Energy to pursue these microreactors at a faster pace. He predicted that NRC-regulated microreactors will be operational by 2026 and stated that there exist opportunities at the NRC to accelerate the timeline for licensing new reactor systems.
• Sen. Murkowski then asked Assistant Secretary Huff to discuss the advantages and challenges associated with advanced nuclear reactor fuels.
  • Assistant Secretary Huff noted how many advanced nuclear fuels can reach extremely high temperatures, which she commented is advantageous. She also mentioned how advanced nuclear fuels are more efficient, which enables smaller reactors. She remarked however that additional research must be conducted on how to safely store spent nuclear fuel from novel advanced nuclear reactors. She stated that the U.S. Department of Energy is ready to support this research through its National Laboratories.

Sen. Angus King (I-ME):

• Sen. King asked the witnesses to indicate whether the delays associated with building commercial advanced nuclear technologies are attributable to technological constraints or permitting challenges.
  • Dr. Wagner stated that the main barriers to the deployment of commercial advanced nuclear technologies are permitting issues. He noted how nuclear power plant projects that seek to generate power for the energy grid must undergo an NRC review, which is lengthy. He also stated that supply chain issues impede the deployment of commercial advanced nuclear reactors.
• Sen. King expressed interest in working to address the length of the permitting process for new nuclear power projects. He then asked Mr. Dominguez to indicate whether every U.S. nuclear plant has onsite fuel storage and diesel generators that could support operations in the event of an electricity disruption.
  • Mr. Dominguez answered affirmatively. He stated however that the U.S. nuclear energy industry has primarily focused on preparing for weather events and energy grid emergencies where nuclear power plants are prevented from accessing the energy grid for days. He noted that the Zaporizhzhia Nuclear Power Plant in Ukraine has faced the destruction of its energy grid, which can take weeks to prepare. He called the situation in Ukraine “unparalleled” and stated that the U.S. nuclear energy industry has not prepared for an energy grid disruption that lasts multiple weeks.
• Sen. King remarked that the U.S. nuclear energy must be prepared to respond to all possible scenarios, including a multiweek energy grid disruption. He stated that the U.S. could plausibly experience a cyberattack against its energy grid from an adversarial country.

Full Committee Ranking Member John Barrasso (R-WY):

• Ranking Member Barrasso noted how Assistant Secretary Huff is leading the U.S. Department of Energy’s efforts to ensure that the U.S. has a sufficient domestic supply of uranium for its existing and advanced nuclear reactors. He asked Assistant Secretary Huff to address how the U.S. could ensure that the U.S. Department of Energy’s efforts to acquire uranium would not compete with the efforts of utility companies to acquire domestic uranium.
  • Assistant Secretary Huff remarked that the U.S. Department of Energy’s intention is to purchase uranium and then redistribute the uranium to domestic commercial interests. She stated that the U.S. Department of Energy does not wish to hold onto its acquired uranium.
• Ranking Member Barrasso then noted how the Nuclear Energy Institute has expressed support for the proposed Yucca Mountain nuclear waste repository and has called on the U.S. to reach a decision on this proposed repository. He asked Mr. Dominguez to discuss why it is important for the NRC to reach a decision on the Yucca Mountain license application.
  • Mr. Dominguez expressed the U.S. nuclear energy industry’s view that the NRC should complete the licensing review process for the proposed Yucca Mountain nuclear waste repository, even if this site is ultimately never used for storing nuclear waste.

Sen. Catherine Cortez Masto (D-NV):

• Sen. Cortez Masto remarked that the U.S. could pass legislation that would outlaw a failed nuclear waste repository site with no chance of moving forward. She commented that such legislation would provide a pathway for addressing nuclear waste. She called for the U.S. to adopt consent-based siting for nuclear waste storage.
  • Mr. Dominguez expressed hope that the U.S. could make progress on addressing nuclear waste storage challenges.
• Sen. Cortez Masto then mentioned how some experts have recommended removing the civilian nuclear waste program from the U.S. Department of Energy. She asked Assistant Secretary Huff to indicate whether the Biden administration has taken a position on this issue.
  • Assistant Secretary Huff noted how the Blue Ribbon Commission on America’s Nuclear Future had recommended the establishment of a new nuclear waste management organization that would have a more fulsome capability to control the U.S. Nuclear Waste Fund. She stated that this recommendation has “significant” merit and commented that this recommendation would be part of future policy conversations around addressing nuclear waste.
• Sen. Cortez Masto then asked the witnesses to indicate whether Congress ought to provide definitions for microreactors and SMRs.
  • Mr. Dominguez noted that the U.S. nuclear energy industry does have working definitions for what is a microreactor. He indicated that a microreactor is generally considered to be a reactor that has up to 20 megawatts of capacity. He also noted how SMRs are generally defined as reactors with capacities between 20 megawatts and several hundred megawatts of capacity. He further noted how traditional nuclear reactors tended to be gigawatt scale.
• Sen. Cortez Masto asked Mr. Dominguez to indicate whether the U.S. nuclear energy industry’s working definitions for various types of nuclear reactors are universally shared. She also asked Mr. Dominguez to indicate whether Congress should codify these definitions.
  • Mr. Dominguez stated that the U.S. nuclear energy industry’s working definitions for various types of nuclear reactors are very broad in scope. He remarked that the size of a nuclear reactor is ultimately less important than the ability to quickly manufacture nuclear reactor components (which will enable the quick construction of nuclear reactors).

Full Committee Chairman Joe Manchin (D-WV):

• Chairman Manchin suggested that the U.S. consider developing a national nuclear market if it does not address nuclear pricing in merchant markets. He commented that a national nuclear market could solidify “normal pricing” for nuclear energy across states. He then asked the witnesses to indicate whether the U.S. could use nuclear energy to supply more than 20 percent of its energy needs.
  • Mr. Dominguez stated that the U.S. could use nuclear energy to supply more than 20 percent of its energy needs. He noted how nuclear energy has supplied 20 percent of the U.S.’s energy needs for some time. He stated however that vehicle electrification trends will increase overall demand for energy, which means that nuclear energy generation will likely grow (along with other types of energy generation). He emphasized that nuclear energy constitutes a zero-emissions baseload energy resource, which will make it an important energy source moving forward.
  • Dr. Wagner expressed agreement with Mr. Dominguez’s answer.
  • Assistant Secretary Huff noted how the Biden administration had found that the U.S. needs to increase its clean firm power capabilities.