Will Risk Aversion At The NRC Avert The Energy Transition?

Summary

The Nuclear Regulatory Commission (NRC) and the U.S. Environmental Protection Agency (EPA) both have long-standing risk regulation regimes. To promote deployment of advanced nuclear reactors, Congress directed the NRC to reform its licensing regulations to increase the use of risk-informed, performance-based, and technology-neutral approaches. However, the NRC has doubled down on its traditional risk-management strategies, which require eliminating even the most remote and improbable risks, and which fail to account for the benefits of advanced reactors. This stringency is in sharp contrast to the way EPA regulates facilities that emit hazardous air pollutants under Clean Air Act §112. This Article argues that EPA’s §112 regulations provide a point of comparison and a potential road map for the NRC to use in meeting the mandate for reform. It demonstrates that the NRC has substantial headroom to reform its regulations while preserving an ample margin of safety for the public. In addition, the NRC can draw lessons from EPA in developing technology-inclusive and risk-informed policies.

Originally published by The Environmental Law Reporter. Republished with permission.