West Virginia Rescinds Ban on Nuclear Power Plants 

CHARLESTON, W.Va. — West Virginia Gov. Jim Justice on Tuesday signed a bill to allow the operation of nuclear power plants in the state, reversing a ban enacted in 1996.

The legislation removes two sections of state public health code prohibiting the construction of new nuclear power plants except under certain circumstances. The bill passed West Virginia’s House of Delegates on a 76-16 vote last week after being approved by the state Senate on a 24-7 vote on Jan. 25.

Nuclear power has gained support in recent years as a means to keep climate change in check while bolstering the nation’s energy supply. Nuclear power reactors do not produce direct carbon dioxide emissions, unlike power plants that utilize fossil fuels, according to the United States Energy Information Administration.

“While I have approved this bill, I think it is important to note that any development or placement of nuclear technologies in this state must be done thoughtfully and, above all, safely,” Justice wrote in a letter to the West Virginia Legislature upon enactment of the bill. “I call upon our legislature to continue to research and monitor nuclear initiatives around the nation to ensure appropriate regulatory or safety measures are in place as new technologies are developed and implemented.”

Nuclear power’s resurgence as a carbon-free energy supply has gained popularity among lawmakers and environmentalists alike due to its efficiency and capacity potential. One nuclear power reactor generates enough electricity on average to power over 760,000 homes, and the 93 operating nuclear plants nationwide generate enough electricity to power 75 million homes, according to the Nuclear Energy Institute.

Additionally, modern nuclear reactors have containment vessels designed to prevent meltdowns and contamination risks posed by extreme weather events and earthquakes. In 2020, the NEI reported the United States avoided more than 471 million metric tons of carbon dioxide emissions through the use of nuclear energy.

Support for nuclear power has garnered bipartisan support on Capitol Hill, with Sens. Joe Manchin, D-W.Va., and John Barrasso, R-Wyo., jointly introducing legislation that would support commercial deployment of advanced nuclear reactors and prioritize new construction in communities that have retiring or retired fossil fuel generation facilities. Further, the bipartisan infrastructure package passed in November contained numerous nuclear initiatives, including: 

• A provision for a $6 billion civil nuclear credit program to bolster the nation’s existing nuclear fleet through the 2026 fiscal year. 
• Authorization and appropriations for the Department of Energy’s Advanced Reactor Demonstration Program, which accelerates the validation of advanced reactors through cost-shared partnerships with the domestic industry sector. 
• The establishment of the Office of Clean Energy Demonstrations within the Energy Department to conduct management and oversight of nuclear demonstrations and projects. 

“[The Nuclear Energy Institute] applauds the West Virginia Legislature and governor for lifting a decades-long ban on nuclear carbon-free power plants in the state,” Maria Korsnick, president and CEO of NEI, said in a written statement. “The forward-thinking decision is part of a national trend to recognize the role of reliable, carbon-free nuclear power in our energy transition. Removing antiquated policies like moratoriums on nuclear plant construction serves as a steppingstone toward a decarbonized future and ensures a reliable and cost-effective energy transition that creates good-paying, long-term jobs. With more fossil fuel plants retiring, new nuclear technologies are more essential than ever to preserve jobs and provide a supply of always-on carbon-free power.” 

Reece can be reached at [email protected]