Biden Aims to Triple Nuclear Energy Capacity, but Must Navigate Regulatory Hurdles to Achieve It

The Biden administration aims to significantly increase America’s nuclear power capacity, with a target of tripling it by 2050 compared to 2020 levels. This target weighs heavily on fostering private sector investment and favorable legislative environments to bolster nuclear energy. The administration’s comprehensive strategy involves adding another 200 gigawatts of nuclear power generation to the existing 96 gigawatts operated in the U.S. Currently, federal ambitions are particularly aggressive, calling for the deployment of 35 gigawatts of new capacity by 2035, achieved through constructing advanced reactors, restarting closed facilities like the Three Mile Island Unit 1, and enhancing existing plant capacities. However, a significant barrier stands in the way: the regulatory landscape governing nuclear energy. While acknowledging the need for regulatory reform, the administration largely emphasizes financial incentives, such as tax credits and federal funding, to meet its nuclear expansion goals.

Ongoing regulatory frameworks inflate costs and extend timelines for nuclear projects, creating an increasingly difficult environment for development. Among the most problematic regulations is one that relates to radiation standards, which mandates that nuclear plants emit doses of radiation at levels that are “as low as reasonably achievable” (ALARA). This standard does not inherently protect public health and fosters public anxiety by suggesting that any level of radiation poses a danger, despite the fact that everyday activities, such as consuming certain foods or flying, expose individuals to higher levels of radiation than standing near a nuclear power facility. The emphasis on minimizing radiation emissions perpetuates fear around nuclear energy and complicates compliance, resulting in what many stakeholders view as an elusive and financially burdensome standard.

In addition to the challenges posed by radiation standards, regulations surrounding construction materials are uniquely burdensome for the nuclear industry. Developers are required to use “nuclear grade” steel and concrete, which can cost significantly more—up to 50 times higher than conventional materials—not due to increased safety but rather to navigate extensive regulatory processes. Such requirements contribute to inflated project budgets and timelines, effectively hampering the economic viability of nuclear power as a competitive energy source. Furthermore, comprehensive environmental reviews and federal red tape complicate the already complex landscape within which new nuclear projects must operate, deterring investment and innovation in the sector.

In an effort to address some challenges facing the nuclear industry, President Biden signed the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act in July. This legislation initiates key reforms aimed at modernizing regulatory practices within the industry. It mandates that the Nuclear Regulatory Commission (NRC) submit a report to Congress outlining potential regulatory modernization paths. However, the success of these proposed changes relies heavily on Congress’s willingness to implement the necessary reforms, which introduces additional uncertainties regarding the future of nuclear power expansion.

Moreover, regulatory hurdles are not the sole issue confronting the nuclear energy sector. The industry is also challenged by inadequate project management, state-level restrictions on nuclear energy, and a diminished workforce and supply chain. While federal bureaucracy compounds these problems, it is crucial to recognize that they form part of a broader spectrum of challenges that nuclear energy must navigate. This includes addressing public perceptions, investing in human resources, and building resilience in supply chains essential for the construction of new nuclear infrastructure.

Ultimately, the Biden administration’s ambitious vision to triple nuclear power capacity hinges on overcoming significant regulatory and infrastructural obstacles. Without substantial regulatory reforms and effective legislative support, the goals outlined in the White House plan may remain unfulfilled. As the nation seeks to transition towards cleaner energy solutions, the potential of nuclear power as a reliable and effective component of the energy mix could be jeopardized, necessitating focused efforts to streamline the regulatory environment and bolster public trust in nuclear energy.