Considering Nuclear Energy's Benefit to Society

The purpose of the ADVANCE Act of 2024 is to advance the benefits of nuclear energy. Section 501 of the ADVANCE Act requires the Nuclear Regulatory Commission (NRC) to revise its mission statement and provide guidance to the staff on how to perform the revised mission effectively. The statute requires the NRC to update the mission statement to indicate that regulation of civilian use of radioactive materials and nuclear energy must be conducted efficiently and not unnecessarily limit benefits to society. The NRC published options on how to implement this requirement, contending that it does not have the authority to consider the benefits to the public in decision-making. This paper evaluates the ADVANCE Act, existing statutes, NRC policy, and history relative to the NRC’s authority to implement that mandate. The analysis unambiguously shows that the NRC has the authority to accomplish the mandate of the ADVANCE Act and consider benefits to society. The NRC has had the authority and mandate to consider benefits to society since its creation but has not fulfilled this mandate.