New law limits state-level public hearings on nuclear power facilities

Gov. Mike Braun signed a law Tuesday that removes state-level oversight for nuclear power plants, handing more control to the federal government. Supporters say the change brings the state code into compliance with federal law, though critics worry it limits the public's voice.

The new law, Senate Enrolled Act 258, eliminates a requirement for companies to obtain a permit from the Indiana Department of Environmental Management in order to build, operate or expand a nuclear power facility. It also removes the ability of the IDEM commissioner to convene a public hearing on a facility's environmental impacts.

The measure joins other legislation signed by Braun last year focused on small modular reactors (SMRs). These advanced nuclear reactors can produce up to a third of the power produced by a traditional nuclear power reactor, according to the International Atomic Energy Commission.

While Indiana currently has no commercial nuclear power facilities, a plant in Michigan provides power to residents in the northern part of the state. Some state lawmakers are increasingly looking toward nuclear energy to address rising electricity costs and a growing demand for power.

Indiana’s electricity costs rose last year, according to a Congressional report.

The bill’s sponsor, Rep. Edmond Soliday (R-Valparaiso), said the existing state laws created a legal conflict. The language was proposed by IDEM.

“All we’re doing with this bill is, the Supreme Court made a significant decision, and we have laws on the books that conflict with that Supreme Court decision,” Soliday said during a February hearing. “This brings us into alignment.”

The law also comes as the Trump administration has quietly loosened nuclear safety rules and exempts new nuclear reactors from environmental reviews, according to reporting from NPR.

IDEM staff said the Atomic Energy Act of 1954 and a past U.S. Supreme Court decision place hearings for radiological safety and nuclear permitting in the hands of the U.S. Nuclear Regulatory Commission. However, the department’s general counsel Bill Anthony told lawmakers the state still maintains "inherent authority" to regulate facilities through traditional air, land and water permits.

Rep. Matt Pierce (D-Bloomington) said the Supreme Court case maintained some state authority over the economic or siting aspects of nuclear plants. He questioned whether the bill unnecessarily stripped away the state's remaining leverage.

“So I’m wondering if maybe this line is not as bright as we might think it is as to where, you know, the state’s jurisdiction might end,” he said.

Democrats and environmental groups also expressed concerns that the bill would reduce an opportunity for public input at the state level and that the court case may not be as clear-cut about jurisdiction.

Soliday countered that the public will get more opportunities for public input through other required federal permits.

“The public is allowed to testify, but they’re not allowed to testify that they’re worried about horse droppings on the road. They’re to testify about air pollution in Clean Air Act, water pollution,” he said. 

The full House passed the bill without amendments 64-28. Braun signed it into law on Feb. 17.

Contact WFYI data journalist Zak Cassel at zcassel@wfyi.org.