Utah believes the federal government’s strict regulations for nuclear facilities put its residents’ “health and prosperity” at risk, according to a new federal lawsuit.
The Beehive State joined Texas and Last Energy Inc., a start-up that makes nuclear microreactors, in a lawsuit against the U.S. Nuclear Regulatory Commission filed in U.S. District Court in the Eastern District of Texas. The group contends that the agency’s rules for small nuclear reactors “hinder the development of safe and reliable nuclear power,” according to a Dec. 30 filing.
The lawsuit argues that small modular reactors and microreactors — which are cheaper and smaller than traditional nuclear reactors — should not be required to obtain a license from the NRC for construction or operation because they use less nuclear fuel and do not threaten public health or safety.
The challenge comes after Utah Gov. Spencer Cox last month unveiled “Operation Gigawatt,” his plan to commit $20.4 million to developing infrastructure for carbon-free nuclear power generation across the state.
Last Energy, the according to the lawsuit, previously spent $2 million on a project to build small nuclear reactors in Texas, but gave up on the venture “because of prohibitive federal regulations.” The company has instead pivoted to building nuclear reactors in Europe.
When asked why Utah is involved in this suit, a spokesperson for Utah Attorney General Derek Brown said the office does not typically comment on pending litigation but added that “the lawsuit was all done on staff time,” without outside counsel.
The Utah Inland Port Authority, during a meeting on Monday, voted unanimously to consider developing microreactors in Emery County near the San Rafael Energy Research Center.
“There is a company that has shortlisted this site for microreactor unit manufacturing,” said Jenna Draper, the port authority’s associate vice president for regional project area development. She noted that the company could provide 75 jobs and $75 million in investments, with room to grow.
A spokesperson for the port authority said the agency cannot offer details about that company because of confidentiality agreements and current negotiations.
“The decision-making process is currently in the hands of the company as they evaluate their options,” she wrote in an email.
In November, Utah Senate President Stuart Adams proposed making Utah “one of the nuclear headquarters for the world” by building microreactors on military property within the state.
“It’s totally disingenuous for them to say that this is safe and that there’s basically no danger,” said Stanley Holmes, outreach coordinator for Utah Citizens Advocating Renewable Energy, a volunteer-based advocacy group, about Utah’s argument.
“They’re trying to have the NRC dumb down, or weaken, its standards,” he continued.
Utah, Texas and Last Energy agree that such reactors should still obtain a nuclear materials license from the federal agency and follow any state regulations for nuclear power.
Utah Associated Municipal Power Systems last year abandoned the Carbon Free Power Project, which would have powered 27 Utah communities with small nuclear reactors by 2029.
The state power agency had partnered with NuScale, a company that planned to build and operate the reactors at the Idaho National Laboratory, but not enough cities or utilities to committed to the plan for it to move forward.
Last Energy did not respond to requests for comment. A spokesperson for the NRC said “the agency will respond through its filings with the district court.”
