Office of the
Illinois Attorney General
Kwame Raoul

Chicago – Attorney General Kwame Raoul took action to oppose U.S. Nuclear Regulatory Commission (NRC) proposals, which are part of a wholesale, rapid revision of its long-standing regulations. While Raoul and a coalition of states support a reasonable modernization of the NRC regulatory framework, they warn in comments submitted to the commission that the monumental changes it has proposed in such a short period of time threaten public health and safety.

“Under the Trump administration, the Nuclear Regulatory Commission is rapidly rewriting dozens of its long-standing regulations. The scale of the changes and the rush to implement them is unnecessary,” Raoul said. “Illinois leads the nation in nuclear energy generation, so it is critical for our state that the commission maintains strong protections for workers and the public from radiation exposure based on sound science. I call on the commission to approach its overhaul more thoughtfully and work with states to ensure that effective regulations are in place.”

Raoul recently led a coalition of attorneys general in filing comments opposing two proposed NRC rule changes. 

Raoul and a coalition of attorneys general submitted comments Monday opposing a proposed rule that would reduce reporting requirements for nuclear plant operators and remove opportunities for public awareness and participation in plant decommissioning.

The NRC requires operators of nuclear power reactors to send reports when certain incidents occur at facilities, including both emergency reports and nonemergency reports. The NRC’s proposed changes would eliminate several of these nonemergency reporting requirements, which would lead to a lack of publicly available information about incidents at nuclear facilities near places where citizens work and live.

The attorneys general note that the proposed changes would allow facilities to make numerous, varied changes to their day-to-day operations without oversight and leave significant events unreported. The states, nuclear facility employees, the public and the NRC itself should continue to have access to crucial information about the operations and safety of nuclear power reactors.

At the end of its commercial life cycle, a nuclear reactor must undergo the decommissioning process, which requires the owner of the reactor to take steps to reduce residual radioactivity to levels that allow the site to be released for other uses.

Since 1996, the NRC has required Post-Shutdown Decommissioning Activities Reports before or within two years of the permanent cessation of operations. Under the proposed rules, the NRC plans to stop giving public notice when it receives these reports and to eliminate the public comment period on them.

Raoul and the attorneys general argue that the commission should not reduce opportunities for public notice and comment on decommissioning activities. They argue that public input is crucial, especially because one of the primary issues to be resolved during decommissioning is what will be done with any nuclear waste the facility produced during its active operations. This waste can continue to emit high amounts of radioactivity for decades, centuries or longer after it is no longer being actively used to produce power.

Joining Raoul in these comments are the attorneys general of California, Colorado, Maryland, Massachusetts, Minnesota, New Mexico, Oregon and Vermont.

Last week, Raoul and a coalition submitted comments opposing a proposed NRC rule that would make licensing exemptions available for a wider range of radioactive forms of elements, known as radionuclides, than currently allowed and would raise the dosing thresholds under which licenses will not be required. This would mean that businesses and individuals could handle larger quantities of radioactive material without government oversight, potentially exposing unknowing members of the public to doses of radiation above the maximum levels recommended by experts. The proposed rule would also allow more radioactive materials to be disposed of with general waste, allowing it to aggregate in landfills and other waste repositories.

The attorneys general argue that the proposal is not based on science and, instead, prioritizes administrative convenience. The comments assert that the changes would create environmental harms, conflict with state law and cause regulatory confusion and uncertainty.

Joining Raoul in these comments are the attorneys general of California, Colorado, Maryland, Massachusetts, Minnesota, New Mexico and Vermont.

The comments are the most recent actions Raoul has taken to ensure that nuclear energy and radiation exposure is effectively and safely regulated. In September and August, Raoul led comments opposing proposed NRC rules that would make sweeping changes to radiation safety standards and oversight with serious impacts on state programs and worker and public safety, could allow large parts of nuclear power plants to be built without environmental review, would minimize community engagement in the decision-making process and the consideration of alternatives, and could unlawfully fast-track nuclear power projects by ignoring foreseeable environmental impacts and making it harder for the public to engage.