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Reading between the lines of Governor Kathy Hochul’s big nuclear announcement.

With New York City temperatures reaching well into the 90s, the state grid running on almost two-thirds fossil fuels, and the man who was instrumental in shutting down one of the state’s largest sources of carbon-free power vying for a political comeback on Tuesday, New York Governor Kathy Hochul announced on Monday that she wants to bring new, public nuclear power back to the state.
Specifically, Hochul directed the New York Power Authority, the state power agency, to develop at least 1 gigawatt of new nuclear capacity upstate. While the New York City region hasn’t had a nuclear power plant since then-Governor Andrew Cuomo shut down Indian Point in 2021, there are three nuclear power plants currently operating closer to the 49th Parallel: Ginna, FitzPatrick, and Nine Mile Point, which together have almost 3.5 gigawatts of capacity and provide about a fifth of the state’s electric power, according to the nuclear advocacy group Nuclear New York. All three are now owned and operated by Constellation Energy, though FitzPatrick was previously owned by NYPA.
Hochul’s announcement did not specify a design or even a location for the new plant, but there were some hints. The press release describes “at least one new nuclear energy facility with no less than one gigawatt of electricity.” While 1 gigawatt is the capacity of a Westinghouse AP1000, the large, light-water reactor built at Plant Vogtle in Georgia, the explanation seems to leave room for the possibility of multiple, smaller plants.
Then there was where Hochul chose to make the announcement, in front of the monumental Robert Moses Niagara Power Plant, which, when it was built in 1961, was the largest hydropower plant in the western hemisphere. The release includes an intriguing reference to the country just on the other side of the river, saying that the plan “will allow for future collaboration with other states and Ontario, building on regional momentum to strengthen nuclear supply chains, share best practices, and support the responsible deployment of advanced nuclear technologies.”
To me at least, all this points to the possibility that we could actually be talking about a small modular reactor, specifically GE Hitachi’s BWRX-300, one of a handful of SMR designs vying for both regulatory approval and commercial viability in the U.S. Canada’s Ontario Power Generation recently approved a plan to build one, with the idea to eventually build three more for a total 1.2 gigawatts of generating capacity, i.e. roughly the amount Hochul’s targeting. The Tennessee Valley Authority, America’s largest public power provider, is also looking at building a BWRX-300. Whichever is completed first will become the first operating SMR in North America. (A NYPA spokesperson told me there has been “no determination on technology yet,” nor on location.)
There are a few policy conclusions we can draw from the announcement, as well, one being that Hochul has determined New York’s energy needs do not match up with its current, renewables-heavy energy roadmap set out more than five years ago. The 2019 Climate Leadership and Community Protection Act (signed by Cuomo) set out a goal for New York to supply 70% of its electricity with renewables by 2030; about a year ago, the Hochul administration said that it would likely not meet that target, which has only slipped farther from view under the Trump administration’s assault on the offshore wind industry, which was supposed to anchor the state’s renewables supply — especially near New York City, where land is scarce but shoreline is plentiful.
The new nuclear plan also has a distinctively upstate appeal, which is not surprising considering Hochul’s Buffalo roots. (She said during the announcement that she had visited the Niagara plant, which is just outside Buffalo, “so many times.”) The upstate power grid is less carbon intensive than the downstate grid and is due to receive much of the wind and solar development necessary to meet New York’s climate goals. But the northern reaches of the state are also more politically conservative and more rural, making it both an inviting target for renewables development and a potential wellspring of opposition.
“The fundamental challenge of wind, solar, and storage across upstate is that it’s subject to a lot of local opposition,” Ben Furnas, who served as director of the Mayor’s Office of Climate and Sustainability in New York City, told me. “Something that’s remarkable about nuclear power is that the land footprint is more modest.” (The NYPA spokesperson said that NYPA’s own plans for renewable development were not being altered.)
Nuclear power plants can also be economic lifelines — especially in rural areas — due to the permanent, high-paying jobs they support and direct economic benefits to the surrounding communities.
“There’s a lot of real win-win deals to be struck,” Furnas said. “It’s not an unknown, radical, alien notion. Plenty of people work in those plants and live near them. It’s a very different politics than what was happening in Hudson Valley around Indian Point,” where environmental groups like Riverkeeper (long associated with former Cuomo associate and current Secretary of Health and Human Services Robert F. Kennedy, Jr.), had worked for years to shut down the plant.
Monday’s nuclear announcement included supportive quotes not just from the usual suspects of state energy and environmental officials and union leaders, but also from the chief executive of Micron, which is set to start working on a semiconductor fabrication facility in the central part of the state. “A critical factor in the success of the semiconductor ecosystem is access to affordable, reliable energy. We commend New York State for advancing an all-of-the-above energy strategy — including nuclear power,” Micron CEO Sanjay Mehrotra said in a statement.
“To power this one facility, Micron is going to need so much power — so much incredible power — and there’s only one commercially viable option that can deliver that much clean, renewable, reliable power, and that’s what’s been operating in New York for decades: nuclear energy,” Hochul said Monday. “Harnessing the power of the atom is the best way to generate steady zero-emission electricity, and to help this transition.”
The mainstream environmental groups that supported the renewables-focused 2019 law (many of which either oppose nuclear power or are at best neutral towards it) were nowhere to be found during today’s announcement, however, and the plan has already drawn skepticism from some progressives.
Liz Krueger, a Manhattan Democrat who chairs the New York state senate’s finance committee, said in a statement that she had “significant concerns” about the nuclear plan, including its cost effectiveness, how to dispose of nuclear waste, the time required to site and build the project, whether other renewable options could fill the gap instead, and whether it has the “full informed consent from impacted communities.”
“I have yet to see any real-world examples of new nuclear development” that have met all these concerns, Krueger said. New York has a checkered history of nuclear development: Long Island ratepayers spent decades paying for the completed but never operational Shoreham nuclear plant, whose costs ballooned by billions of dollars as construction dragged on from 1973 to 1984.
But the announcement comes at a time when the federal regulatory and tax balance is tipping toward nuclear regardless. The Trump administration issued a fleet of executive orders looking to speed up nuclear construction and regulatory approvals, and Senate Republicans’ version of the mega budget reconciliation bill includes far more generous treatment of nuclear development compared to wind and solar.
Public Power NY, an advocacy group that supports renewables development by NYPA, expressed skepticism about the nuclear plan in spite of these supportive signs.
“Hochul’s decision to step in based on promises from Donald Trump shows just how unserious she is about New Yorker’s energy bills and climate future. NYPA should be laser focused on rapidly scaling up their buildout of affordable solar and wind which is the only way to meet the state’s science-based climate goals and lower energy bills,” the group said in a statement.
For his part, Furnas was more pragmatic. “It’s really good that Governor Hochul is putting everything on the table when it comes to ensuring reliable generation for New York State and to meet clean air and carbon emission goals,” he said. “It would be foolish and unfortunate to not look at everything she can.”
Hochul herself appears determined to push through.
During the announcement, referring to the buzzing power plant behind her, Hochul said that “belief in sometimes impossible ideas” can bring people together. The power plant currently standing on that site was built in less than three years after an earlier plant on the Niagara collapsed. New nuclear power in New York may have seemed impossible, but it might still happen.
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1. Suffolk County, New York – Rarely do I get to say battery fire fears can be quelched but we have a very good example brewing in the Empire State.
2. Loudon County, Virginia – I can’t believe it: Data Center Alley is going to enact a moratorium.
3. Pulaski County, Arkansas – Entergy has dropped the lawsuit it filed against an Arkansas newspaper over the publication of a power deal with Google.
4. Darlington County, South Carolina – We conclude this week’s Hotspots with a focus on a GOP-leaning county rejecting a renewables moratorium.
A conversation with Sam Lyman of the Bitcoin Policy Institute.
This week’s conversation is with Sam Lyman, head of research at the Bitcoin Policy Institute. Originally focused on cryptocurrency, Lyman’s organization has expanded to policy and messaging development around data centers, most notably providing research many AI boosters cite to claim foreign influence is driving opposition to new hyperscale projects. Last week, the think tank released a new report calling for a novel solution to the data center permitting bottleneck: direct cash payments from data center projects to individuals involved with building them, as well as residents nearby facilities once they’re operating.
I reached out to BPI and asked for a chat with Lyman about the data center dividend proposal. I also tried to get to the bottom of where this increasingly relevant think tank stands on the general idea of a national data center law. The conversation was immensely informative. So here it is, in a lightly abridged and edited format.
Let’s start with the data center dividend proposal. Walk my readers through it.
Data center dividends came from the idea that, ideally in the AI revolution, we want all Americans to benefit. Especially rural Americans. You look at the landscape today, the majority of AI data centers are being built in rural America. It’s critical they’ll benefit from the massive wealth AI will unlock.
There’s lots of ways to make that happen. People point to the jobs AI data centers will build out, for example. But with data center dividends, we take the logic of the Alaska Permanent Fund and we apply it to America’s rural counties, which are sitting on a proverbial gold mine right now but lack any kind of public mechanism allowing them to benefit from that in a maximal way.
If you look at the tax revenue these data centers create, which is astronomical, how do we distribute this tax revenue in a way where it has the most tangible impact on the families living there? We believe data center dividends are the best way to do that – after allocating money for schools, public safety, and infrastructure, it allows these counties with tens of millions of dollars left over to distribute them as they see fit. They should distribute that money to the men and women who make those data centers happen in the first place.
The most effective form of a dividend would take a direct payment: a cash payment, a physical check, a direct deposit. Or the form of credits paying back property taxes, utility bills, an endowment for scholarships. There’s a number of different forms this can take.
Hopefully this gets the conversation going about how we can make these work for everybody.
Who do you want to see set up this dividend mechanism? How’s your approach to implementation?
The report is addressed to county commissioners. I’m thinking of commissioners who represent both sides of the political spectrum facing this huge backlash. Many of them want to do good by their communities and their voters, even if it means doing a data center, in places where it’s difficult to explain right now. Dividends make this indisputably clear.
I tried to put myself in the shoes of an enterprising county commissioner who sees the merits in the data center buildout and wants to break out of the political storm. It’s important to note data centers can be a huge economic boon for communities, in ways that can impact lives positively.
Have any communities – counties, as you noted – taken this idea up yet? Are there any models for this proposal?
The best analogue is West Feliciana, Louisiana, which is the case study we feature. West Feliciana made an agreement with a data center developer where in lieu of taxes, they make direct payments of about $90 million a year to the parish. That triples the community’s tax budget every year. It leaves ample room not only for essential services but dividends afterwards. Louisiana then passed a law – Act 434 – that allowed West Feliciana to remit some of those payments to residents as a tax credit. This bill first provided the opportunity for the parish to even remit those payments as cash, but it was changed in the legislature to make it a credit. That’s the closest we’ve gotten so far.
As far as reaching out to individual counties, we’re a think tank. We put ideas into the universe. We haven’t had anyone reach out to us since the publication of the report so far but we’re hoping they will.
Your report does lay out how there’s a bottleneck in development and this could help with easing it. Do you see an impetus to put ideas like the dividend out there right now, in light of the increased data center scrutiny in this year’s midterms?
Our publication is irrespective of the midterms. But it is tied to the fact that a bottleneck facing the data center buildout includes it becoming a politicized issue. We’re of the belief these projects shouldn't be political at all. One way to break through the noise is by showing how they can benefit those involved in construction and residents who live there. Data centers are critical infrastructure; other forms of critical infrastructure aren’t being politicized. Our efforts are to demonstrate how these shouldn’t be political.
When it comes to the future of AI data center regulation, this proposal is obviously geared towards incentivizing a resolution to the bottleneck through using resources produced from data centers – namely, new investment.
Where does your organization stand on the increased push for environmental or siting regulation on AI data centers?
I’m not familiar with what you might be referring to there.
I mean, there’s all kinds of proposals at the federal level and in states for everything from being required to pay for infrastructure upgrades to being required to use closed-loop cooling to siting restrictions, like temporary moratoria.
What I’m asking is, what else do you as an organization believe when it comes to regulating AI data center development at the federal level? State level?
We believe data centers should work for the communities where they’re being built. That’s important. So the concept of BYOP – Bring Your Own Power – we very much support that idea. We think the Ratepayer Protection Pledge is a great proposal because ultimately we want data centers, with them being critical infrastructure, to not only strengthen our national security but strengthen the communities where they’re being built.
Some states are rejecting data centers. We think that’s a mistake because it's something that’ll ultimately short-change the people who live there. For the states that do decide to build data centers, it's up to them what regulations make data centers more sustainable over time.
There’s increased public discussion for policy on AI development – as an organization, do you see any role in the federal government making policy here with a national data center law?
We think AI will be key to America’s prosperity over the long-term. We have concerns about the regulation of open-source artificial intelligence; bitcoin is a form of open-source software and open-source money. We believe intelligence should be something available to all Americans. That’s our concern with talk about regulating AI right now, it feels like a ploy for regulatory capture.
But what about national policy on AI data centers? Does your think tank support the national legislature doing a federal data center bill or is that something best for localities or states?
It depends on the bill. Are you talking about Sen. Bernie Sanders’ national moratorium?
With a permitting deal seemingly on the horizon, Republican Gabe Evans and Democrat Scott Peters may be about to see their partnership pay off.
The fate of permitting reform legislation that could smooth the way to all kinds of new and improved energy infrastructure — including transmission lines and renewables — is currently hostage to opaque discussions between Senate committee chairs. Rhode Island Senator Sheldon Whitehouse, the Democratic ranking member of the Senate Environment and Public Works Committee, told a Rhode Island business group earlier this week that “we’re actually in a pretty good place on permitting reform,” and that there was “maybe another week of negotiations.” Whitehouse’s Republican counterpart on the EPW committee, West Virginia Senator Shelly Moore-Capito, told Semafor on Friday that any bill has “got to pop out of here in the next 48 hours.”
If that’s going to happen, it will be because Republicans and Democrats have decided it’s worth it to get along. Any deal will eventually have to be voted on by the House, which has already produced several bills on a bipartisan basis, and even passed one — the SPEED Act — late last year.
Two of the busier House members on this issue are Scott Peters, a Democratic former environmental lawyer from San Diego, and Gabe Evans, a first term Colorado Republican representing a suburban and rural district north of Denver that includes wind farms and crude oil production. “The district that I represent truly is an all of the above energy district,” Evans told me.
Their latest effort is a bill aimed at smoothing out permitting for transmission development, especially interregional transmission. Last week, the two congressmen unveiled the CLEAR Act, seeking to apply a stricter set of standards for lawsuits against transmission projects that aligned with how natural gas and hydropower projects are treated under the Federal Power Act (it’s much harder to sue to stop these projects). Earlier this year, the two also sponsored the CERTAIN Act, a more comprehensive streamlining of federal permitting for energy infrastructure projects.
“We’re proud to have a lot of our work as the foundation for this, and I think if they send us over something that includes this, it’s got a really good chance of passing in the House,” Peters told me. Evans added that bringing forward bipartisan bills “gives a little bit more impetus to the Senate to know that the House is looking for these things.”
While the Senate’s deal will be up to the senators, Peters told me he envisions a broad permitting package that could include reforms to the National Environmental Policy Act to shorten permitting timelines, preventing the president from nixing individual projects, and reform Section 401 of the Clean Water Act which effectively devolves power to tribes and states to block a variety of interstate projects. “I think it’s coming together pretty well,” Peters said. “Obviously, we’re waiting for white smoke from the Senate.”
A permitting reform package may be one of the last major bills several bipartisan-minded House members get to vote on.
Election day is about six weeks off, and while Peters will likely have an easy time getting reelected for this eighth term, Evans is in a tough race. His purple-hued district is a target for the House Democratic campaign arm, which is hoping to flip it to former Colorado House of Representatives member Manny Rutinel, who worked as a lawyer at the environmental group Earthjustice. The Cook Political Report rates the race as toss-up, and Nate Silver gives Rutinel a roughly 75% to win.
But Rutinel won’t be getting any campaign help from Peters.
When I asked Peters about the timing of releasing a bill that could boost an endangered Republican’s bipartisan bona fides less than two months before an election, Peters told me that he and Evans had been working on it “for a while,” and that “my colleagues know that I’ve worked with Republicans to get problems solved.”
He said he wasn’t “participating in Gabe’s election” and wasn’t giving any money to his campaign, but also that he wouldn’t campaign Evans’ challenger, despite the opportunity to bolster his own caucus.
Peters is not shy about praising Evans. “What I appreciate about Gabe is that it takes a little bit of initiative to separate yourself from the majority — particularly when you’re in the trifecta — and do your own thing. He’s been a good partner in helping find ways to reduce process and make things go faster,” he told me.
Evans told me that he and Peters met early in this Congress, as Evans was getting settled into his new office in the Longworth building. “We’ve built the relationship over the last two years with a lot of the different areas that we’ve collaborated on.”
“I always try to meet the members of my committee and find out who will work with me. And I was fortunate to find Gabe,” Peters said.
“I do want to win the majority in the next Congress,” Peters went on, but “the norm should be that we figure out ways to work together to solve problems, and, you know, we’ll let the voters of Colorado 8 decide who to send me.”
Evans, for his part, told me that he had to work with Democrats to get anything passed as a member of a minuscule Republican minority in the Colorado statehouse, and that the 40-plus members of the bipartisan Problem Solvers Caucus have agreed not to campaign against each other. “There’s 385 other members that you can go pick fights with,” he said.