Senator Markey Announces Legislation to Ensure Public Engagement and Input in Nuclear Regulatory Commission’s Decision-Making Process

Legislation would create dedicated public engagement office and program to lower financial barriers to participation

Bill Text (PDF) | One Pager (PDF)

Washington (October 18, 2024) - Senator Edward J. Markey (D-Mass.), chair of the Environment and Public Works Subcommittee on Clean Air, Climate, and Nuclear Safety, today announced the introduction of the Nuclear Regulatory Commission Office of Public Engagement and Participation (NRC OPEP) Act, which would promote transparency and proactive engagement between the Nuclear Regulatory Commission (NRC) and members of the public, and remove barriers to participation in NRC adjudicatory processes. Specifically, the bill would establish an Office of Public Engagement and Participation within the NRC and create an intervenor compensation program for individuals, community-based organizations, and local governments participating in Atomic Safety Licensing Board Panel proceedings on behalf of the public interest. Representative Mike Levin (CA-49) introduced related companion legislation in the House of Representatives last year.

"Public engagement and feedback are crucial to an open and transparent decision-making process, and federal agencies like the NRC have a duty to prioritize public health and safety voices above industry dollars and influence. In pursuit of this, the NRC should proactively and meaningfully work with communities living at the frontline of nuclear energy infrastructure and make its regulatory processes more accessible," said Senator Markey."The NRC OPEP Act would enable the Commission to carry out these responsibilities by creating a new, independent office dedicated to centering and uplifting community voices, while also breaking down financial barriers that limit public participation through needs-based, up-front compensation."

"Our communities deserve a seat at the table when it comes to decisions on nuclear energy and associated impacts on public health and safety," said Representative Levin. "This legislation ensures that the Nuclear Regulatory Commission is more transparent and accessible, giving the public the opportunity to meaningfully engage in nuclear energy decisions and the processes that guide those decisions. It's about accountability, safety, and restoring trust with the communities directly affected the Nuclear Regulatory Commission's work. I thank Senator Markey for leading this Senate companion bill and look forward to it moving through the legislative process."

The NRC OPEP Act directs the NRC to establish an Office of Public Engagement and Participation within 180 days, led by a Director appointed by the NRC Chair who has the authority to fulfill their duties without undue influence. The goals and responsibilities for the new Office include:

• Supporting and facilitating public participation in Commission meetings and proceedings
• Providing educational and technical guidance to the public to facilitate participation in Commission meetings and proceedings
• Providing accessible, plain-language, and publicly accessible resources and determinations
• Increasing opportunities for virtual participation in Commission meetings and proceedings
• Facilitating implementation of recommendations made in the 2022 environmental justice review
• Coordinating assistance to members of the public acting as intervenors in Commission proceedings with respect to:
  • Petitions to act as a formal party to a Commission proceeding
  • Requests to receive financial compensation for participation in a Commission proceeding

The bill would also allow for compensation to individuals representing the public interest in Commission proceedings, providing an opportunity for up-front compensation to ensure that intervention is accessible to those without resources to participate.

This legislation is endorsed by the Good Energy Collective, the C-10 Research and Education Foundation, Pilgrim Watch, Greater Boston Physicians for Social Responsibility, Nuclear Information and Resource Service (NIRS), and the Union for Concerned Scientists.

"Meaningful public engagement is essential for a functional, transparent, and just governing body. Establishing an Office of Public Engagement and Participation at the Nuclear Regulatory Commission would enhance transparency in decision making, open more opportunities for public involvement and education, and ensure that the agency continues to meet its mandate to protect the environment and public health. As nuclear energy continues to power the nation, a strong partnership between the regulators and communities is crucial. We commend Sen. Markey's commitment to championing legislation that ensures community voices have a seat at the table at the NRC," said Cleo Schroer, Senior Policy Analyst at Good Energy Collective.

"In our democracy, it is a fundamental right for people to have a voice in government decisions that vitally affect our lives. Yet it is almost impossible for the public to do so when it comes to radioactive pollution and the safety of nuclear power plants. People like me all over the country have been forced to represent ourselves, without a lawyer, or scrounge up money from our friends and neighbors to protect our families from multi-billion-dollar corporations that endanger us. David versus Goliath is a great story, but the public is routinely squashed by nuclear goliaths because the NRC stacks the deck in favor of billion-dollar corporations," said Tim Judson, Executive Director of the Nuclear Information and Resource Service. "The simple truth is, our government makes better decisions when it hears from the people and there's a debate over the facts. That's what Senator Markey's bill would do: help level the playing field, so people who live near nuclear power plants and radioactive waste dumps have a fairer chance to protect our families. NIRS is proud to support it."

"The NRC cannot carry out its safety and security mission effectively without robust public participation, but the deck is stacked against those without very deep pockets. Senator Markey's bill is an important first step toward fixing this problem by helping more members of the public have a voice at the NRC," said Edwin Lyman, Director of Nuclear Power Safety at the Union of Concerned Scientists.

Senator Markey has consistently urged the NRC to prioritize safety and public participation in the Commission processes.

In March 2024, Senator Markey and Representative Levin led a letter to Nuclear Regulatory Commission (NRC) Chairman Christopher Hanson to encourage the NRC to proactively establish a new office to boost the agency's public outreach, engagement, and participation activities.

In September 2022, Senator Markey sent a letter to the NRC urging the Commission to prioritize public safety and increase community engagement in the process for decommissioning nuclear power facilities, like those in Plymouth, Massachusetts and across the country.

As the Pilgrim Nuclear Power Station in Plymouth commenced its decommissioning process, Senator Markey has continued to work to ensure that the NRC prioritized safety and public participation in the decommissioning process. In April 2024, Senator Markey led a letter alongside Senator Elizabeth Warren (D-Mass) and Representative Bill Keating (MA-09), urging Holtec to meaningfully consider concerns raised by local officials and members of the public regarding the disposition of radioactive wastewater stored at the Pilgrim Nuclear Power Station. In May 2022, Senator Markey held a field hearing in Plymouth with Representative Keating, entitled "Issues Facing Communities with Decommissioning Nuclear Plants."

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