NRC Introduces Options for New Flexibility in Nuclear Facility Decommissioning

The nuclear-powered electric-generation sector operates within a unique regulatory structure for protecting human health and the environment. During construction and throughout operation, nuclear facilities must establish and maintain funds to meet the expected costs of shutting down and, to the extent necessary, cleaning up their properties following the cessation of licensed operations.

Because nuclear-powered electric-generating facilities receive operating licenses of 40 years (unless renewed), the first closures of these facilities have begun, with Maine Yankee, Connecticut Yankee and Yankee Rowe among those scheduled. These closures, while notably orderly, have revealed areas of tension between the Nuclear Regulatory Commission ("NRC"), NRC-authorized states ("Agreement States") and the Environmental Protection Agency ("EPA").