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If the “nuclear renaissance” is here, it’s happening only in certain kinds of places. California and New York aren’t getting new reactors capable of generating massive amounts of always-on, carbon-free power — instead projects are being completed and planned in Tennessee, Georgia, and Idaho. It’s not all red state friendliness to new development and blue state fears of nuclear waste either. It’s really about how electricity markets are organized across the United States.
There’s simply little new nuclear activity in the vast swaths of the country, like much of the Northeast and Midwest, Texas, and California, where electricity markets have been partially or completely “deregulated,” meaning that utilities largely buy electricity from generators and distribute it to consumers in something like a free market. Instead, nuclear projects are popping up in markets, like those in the South and Mountain West, where utilities still control both electricity generation (think power plants) and the distribution of that electricity to customers and where public power companies can still predominate in the market. In these areas, energy companies have the scale, authority, access to investment, and captive customer base necessary to embark on capital intensive projects like nuclear generators.
This is of note because the Department of Energy estimates that in order to decarbonize the power system, some 550 to 770 gigawatts of new clean firm capacity, meaning generators that can be turned on 24/7, will be necessary. While this could include geothermal, solar or wind paired with batteries, or pumped hydro, there’s already some 94 gigawatts of existing nuclear capacity that the Energy Department anticipates could scale to around 300 gigawatts by 2050.
Where that’s been expanded recently is not necessarily the parts of the country that have an aggressive mandate to decarbonize.
Consider Georgia’s Vogtle-3 reactor, the United States’ first new nuclear reactor in years. The end result is a staggering amount of non-carbon-emitting power, but delivered at an eye-wateringly high cost (some $16 billion overbudget) in a market set-up where an investor-owned, vertically integrated utility — Georgia Power, a subsidiary of Southern Company — is able to charge ratepayers for high construction costs. Or Watts Bar Unit 2, a new reactor built by the Tennessee Valley Authority, a government power company with a monopoly on electricity in Tennessee and bordering states (it had its own set of delays — for decades — and cost overruns).
A similar dynamic is at work when it comes to the next generation of nuclear technology. The Carbon Free Power Project is a planned set of small modular reactors at the Idaho National Laboratory that a coalition of Mountain West public utilities have been working on and hope to make operational by the end of the decade.
The dream of small modular reactors is that, by standardizing construction processes and parts and also by literally making the projects smaller, construction costs for nuclear power can be brought down as more projects get completed. That being said, the Carbon Free Power Project has still reported large cost escalations. And it’s doing so with funding from the Department of Energy that could amount to around $1.3 billion of the over $9 billion it’s expected to cost if the project actually starts generating power as scheduled in 2029. Some members of the coalition have already dropped out and the projected price of power generated by the reactors has increased.
That’s not a huge surprise. Cost is really what’s holding back nuclear power.
The great scaling of renewable power across the country has been, its advocates always like to say, a triumph of the market. Wind and solar projects, while expensive to set up, are cheap to operate over time, in part because they have no fuel costs, compared to thermal plants which must acquire and combust coal, oil, or natural gas. In fact, around two thirds of the price of natural gas-generated power comes from the fuel itself, which actually hasn’t been a huge problem for natural gas over the past 15 years since it’s been so cheap.
On the other hand, the vast majority of the costs of nuclear power come from the expense of building its generators, according to an analysis by Brian Potter, a fellow at the Institute for Progress and a contributor to Heatmap. With gargantuan capital requirements and long construction timelines, interest payments on financing can end up doubling the total costs of nuclear plants. When those costs get reflected in the price of nuclear energy on so-called deregulated electricity markets, it becomes uncompetitive.
Regulated markets are a different story, however. Utilities that own power plants have massive cash flows and legally mandated profits that let them borrow huge amounts of money at the lower costs necessary to finance large, capital-intensive construction projects like nuclear plants — and then put the costs directly into ratepayers' bills.
“These larger utilities have a larger balance sheet, they can carry a larger project on their books without it being a huge percentage of their net debt at any point in time,” Adam Stein, the director of the Nuclear Energy Innovation program at the Breakthrough Institute, told me. The Tennessee Valley Authority also has a large capacity to carry debt, while public power companies “have experience and expertise internally in how to engage in the DOE grant process,” Stein said.
Critics of deregulation and advocates for nuclear power argue that the way those markets work does not properly value power that is not variable, like wind and solar, and can keep their fuel stored on site, unlike gas, which relies on pipelines. Despite the unique role it can play on the grid, nuclear power still has to compete on the same playing field as other assets which are intermittent or rely on getting fuel, Stein explained.
But utilities that control both generation and distribution aren’t immune from market forces, even if they can withstand them better. One reason why deregulation took hold in much of the county is precisely because there was so much backlash to utilities’ nuclear power plant projects that were more expensive than projected and assumed more electricity demand than there actually was.
“The ratepayers were paying a lot for the nuclear plants, and they were unhappy with it,” Meredith Angwin, an energy analyst and critic of deregulation, told me. “Cost per megawatt of nuclear plants, it’s just rising. There’s a learning curve that makes things less expensive — with nuclear it goes the other way.” Figuring out exactly why this happened — and how to reverse it — has been the great challenge of the nuclear industry and energy policy experts.
Many advocates for increased use of nuclear power see new construction techniques, plant designs, and more well-tailored regulation as the answer to these rising costs.
And while there have been large declines in the cost of renewables over the past decade, wind and solar projects have run into cost issues recently thanks to economy-wide inflation and specific issues with supply chains.
Offshore wind in the United States, which currently has a few dozen megawatts of capacity that the Biden administration wants to scale up to 30 gigawatts, is facing a crisis of high costs, with wind developers demanding more money to complete projects and even threatening to cancel them altogether, lest they get access to more subsidies. It’s a story we’ve heard before.
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The proposal resolves an issue that has bedeviled the industry since 2022.
Is Rosemont about to be BAAJA blasted away?
In a 2022 decision formally titled Center for Biological Diversity v. U.S. Fish & Wildlife Service, the Ninth Circuit Court of Appeals ruled that Rosemont Copper Company its claim under the General Mining Act of 1872 did not give the company license to dump literally millions of tons of waste rock on adjacent Forest Service land. Though Rosemont argued that the use fell under the law’s provisions for “mill sites” on public lands used for mining, the court found that because the parcel in question lacked valid mining claims of its own, the Mining Act did not justify its use under its own permissive regime.
The conservative energy group ClearPath Action described the decision as “a significant departure from long-held mining practices.” Industry groups said that the decision would vastly extend and complicate the process of mining on public lands by putting areas with mineral claims into a separate legal and permitting category from adjacent land that had customarily been considered part of the mining development.
Almost immediately after the court decision, the mining industry and its allies in Congress got to work trying to “fix” the Rosemont decision in order to restore the pre-2022 status quo.
One proposed fix — the Mining Regulatory Clarity Act — has been introduced several times in both houses of Congress, including as far back as 2023 in a Senate bill co-sponsored by Catherine Cortez Masto of Nevada and Jim Risch of Idaho.
Another version of the bill, sponsored by Nevada Republican Mark Amodei, Nevada Democrat Steven Horsford, and Alaska Republican Mark Begich, passed the House of Representatives late last year with a handful of Democratic votes. Both bills would have explicitly established that miners could claim public land for waste rock disposal as long as it was “reasonably necessary” and “reasonably incident” to mineral development.
Now they may all be getting their wish. The comprehensive permitting bill introduced by Republican and Democratic leaders in the Senate known as the Bipartisan American Affordability and Jobs Act, includes the full text of the Mining Regulatory Clarity Act
Both parties have been trying to jumpstart the domestic mining and critical minerals industry, especially for materials key to energy sectors, such as copper and lithium. The long lead time it takes to permit and open a mine is one of the major barriers to developing the domestic mining industry (along with nasty price competition from overseas miners and refiners, especially those controlled by Chinese firms).
This is not the first time a bipartisan permitting bill has included what’s known a “Rosemont fix.” There was also one in the 2024 Energy Permitting Reform Act, and in the Senate FREEDOM Act introduced by Cortez Masto and Arkansas Republican Tom Cotton this past summer.
You may have noticed lots of Nevadans associated with these bills. That’s because “Nevada is to mining as Texas is to oil and gas,” Aaron Mintzes, deputy policy director of Earthworks, a frequent and vigorous adversary of the mining industry, told me
While environmental groups generally supported the Rosemont decision, some groups supporting the clean energy industry backed the Mining Regulatory Clarity Act, including Bipartisan Policy Center’s lobbying arm, the clean energy trade group Advanced Energy United, and the Zero Emission Transportation Association, which includes several copper and lithium companies among its members. (Mintzes described ZETA as “the lithium mining lobby” and an “outlier” among clean energy groups in supporting the Mining Regulatory Clarity Act.)
Instead of a technical fix that would comply with the spirit of existing law, Mintzes described the changes to mining regulation in BAAJA as giving mining companies “a nearly unlimited amount of public lands for their waste dumps, for their roads, for their pipelines, for their transmission lines, and for any other purpose that would be reasonably incident to mining.” That goes beyond the mill sites envisioned by the 1872 law, he said.
The National Mining Association, on the other hand, praised the bill Wednesday, with its president Rich Nolan saying in a statement that the existing permitting process is “mired in duplication, endless litigation and uncertainty,” and that “elected officials on both sides of the aisle have long acknowledged that the status quo cannot continue.”
Albert Gore, the executive director of the Zero Emission Transportation Association, told me that there was a “broad recognition” among miners, refiners, and operators that the Rosemont decision required a statutory fix.
“It needed to be clarified in order to remove uncertainty. It's hard enough to invest in mineral production in the United States,” Gore said.
BAAJA’s mining provisions also include the Abandoned Hardrock Mine Fund, which would be funded by maintenance fees collected by the Department of the Interior under the same 19th century mining law. This fund would support a program established by the 2021 Bipartisan Infrastructure Law to clean up abandoned mining sites.
In a transcript of a strategy call between environmental organizations on the BAAJA published by Punchbowl, Mintzes described the fund as “the one good thing I spotted in this bill so far.”
Exploratory projects are making a splash in Maine and Alaska.
A legal brawl is brewing over what could be the nation’s first underwater data centers.
Two subsidiaries of a new LLC named DeepGreen have applied for “preliminary” permits from the Federal Energy Regulatory Commission that would give four years of permission for studies and analysis towards constructing underwater data centers off remote coastlines in Maine and Alaska. The data centers as proposed would be powered entirely by tidal energy, as in, the power of waves themselves – a technological innovation from hydropower still being piloted around the world. Project descriptions submitted to FERC lay out what these data centers would look like in broad strokes: hundreds of hydrokinetic turbines, dozens of underwater “data center pods,” and miles of subsea cable. The permits would not authorize construction, which would need its own lengthy review process. But these early green lights would tee both areas up for years of potential conflict over hypotheticals that feel real to those on the ground.
There are upsides from purely a carbon emissions perspective. Relying on tidal energy suggests they’d be greenhouse gas-free, powered by the energy of the ocean. It would also eliminate the land use problem that upends so many AI data center projects. There are also clear environmental risks, as they’re also being suggested in ocean areas often coveted for protection, off coastlines where it’s unclear if the neighboring communities will accept them.
DeepGreen’s Alaska project is proposed within a more than 1,000-acre channel of the Cook Inlet, an estuary coveted by fishermen and wildlife conservation advocates, where fights over resource development already occur often. The upstart company’s Maine project is planned for the northernmost tip of the state, in the Bay of Fundy, which shares a transnational border with Canada. Canadian tidal power generation for the general populace marginally exists today in the Bay of Fundy – with major stipulations for marine life protection because it affects the general nature of water currents.
It’s crucial to note neither project has much information available online, sans brief text file project descriptions available through FERC’s online filing database. There is no public-facing website to date for the project, or for DeepGreen itself. When I contacted Louis Wolfson, a vice president at the company who is listed on company filings, he declined to talk about the developments over the phone and suggested I contact him at an email address listed in FERC application documents. That email address uses a website – “DeepGreenCoastal.com” – that does not seem to exist.
Still, we already know enough to say both development areas are likely to require substantial federal review. Not only does their presence in these waters almost necessitate it but both development areas receive considerable whale traffic. DeepGreen has already acknowledged a need to coordinate passive acoustic monitoring and “non-invasive study methodologies” with the National Marine Fisheries Service, the federal marine protection agency run out of NOAA. The Bay of Fundy is a prominent summer home for the endangered North Atlantic Right Whale and the National Marine Fisheries Service has already intervened in the FERC case for the Maine project, signalling in its filing that Endangered Species Act and fish habitat consultations “may be necessary for the project.”
The Center for Biological Diversity has also filed motions to intervene in both FERC cases, which they tell me is a prelude to potential litigation. “Putting one of these in the ocean just seems like a dystopian nightmare but it was especially alarming because of the areas they want to put these in,” Kristen Monsell, CBD Oceans Program Litigation Director, told me in an interview. “[The motions] are a step required in order for us to participate in the permitting process at FERC and then preserve our ability to challenge the decision in court if we think that’s necessary.”
In Maine, the coastline neighbors are the city of Eastport, which is vociferously opposed to this data center being built. The city passed a moratorium on data center development in response to the project and filed a request to intervene in its FERC case this week. “The City's concerns include potential effects on fisheries, marine habitat, water quality, currents, sediment, underwater noise, electromagnetic fields, equipment heat, existing uses of the waterway, and access to marine resources,” the city stated. “Questions also remain about equipment failure, storm damage, emergency response, equipment recovery, site restoration, and eventual decommissioning. These concerns are specific to the proposed placement and extended operation of computing and energy infrastructure on and beneath the seabed.”
In Alaska, DeepGreen doesn’t face a situation like Eastport with a bustling tourist destination-turned-nemesis, but there’s still quite a bit of local confusion and consternation.
The Kenai Peninsula Borough, which is the equivalent of a county-level government, is currently neutral on the development. But the Alaska Commercial Fisheries Conservation Alliance, a newly-formed nonprofit that includes fishing permit holders in the Cook Inlet, submitted a filing to FERC claiming the project site doesn’t properly take into account existing fishing permit holders and that “a preliminary permit proceeding that advances a project of this scale without any commercial fishing impact assessment” would fail the agency’s public interest obligations.
I asked DeepGreen if it had any comment on the litigation risk around their projects. This is what Louis Wolfson provided: “Preliminary permits under the Federal Power Act do not authorize construction or physical disturbance. Their sole purpose is to establish priority while environmental, bathymetric, and technical feasibility studies are conducted. Stakeholder participation is an expected and healthy part of the FERC regulatory process. DeepGreen welcomes the engagement of conservation organizations, local communities, and regulatory resource agencies as we evaluate whether these sites can deliver low impact, zero carbon infrastructure in full compliance with federal environmental laws."
And more of the week’s biggest fights around project development
1. Ottawa County, Michigan – A congressional district House Democrats are targeting for control of the Lower Chamber is now a battleground over solar development on farmland, and I’m waiting to see if President Trump gets involved.
2. Texas – The Lone Star State sure is action-packed right now, huh? Let’s break down a few of the most important fights.
3. Lincoln County, Oklahoma – A massive wind project in rural Oklahoma is now on hold amidst continued local opposition, according to a Republican member of the state legislature.
4. Clinton County, Indiana – Well hey, at least some places are still approving some things. Like in rural Indiana, where a community actually voted for considering a data center.