Committee reviews draft to clarify defensive-force authority for armed guards at NRC-licensed nuclear sites

LSO presented a draft bill that would recognize a privilege for armed security personnel at commercial nuclear facilities licensed by the Nuclear Regulatory Commission to use defensive force — including, in limited circumstances, deadly force — within defined protected areas, and to detain suspected trespassers for a reasonable time to summon law enforcement. Brian Fuller of the Legislative Service Office said the draft creates definitions for terms such as "armed nuclear security guard," "commercial nuclear generating station," "exclusion area" and "protected area," and adds a new felony for trespass inside structures and fencing of a commercial nuclear generating station punishable by up to five years in prison. LSO staff suggested several drafting choices, including whether to define "enter/entering unlawfully" or to rely on ordinary statutory interpretation. TerraPower officials told the committee the company supports measures that provide legal clarity for security personnel protecting its planned Natrium reactor in Kemmerer but urged the committee to avoid importing military-style language that does not mesh with NRC doctrine. "The legislation under consideration today provides essential legal clarity and protection for security personnel who will protect Wyoming's first advanced nuclear reactor," Andrew Richards, TerraPower vice president for government affairs, told the panel. TerraPower and security staff described NRC licensing as the central federal control over armed security at nuclear sites and said the bill appropriately limits deadly-force authority to NRC-defined exclusion areas. Some legislators, including Senator McConnell, cautioned against carving a new, stand-alone defensive-force scheme that could conflict with Wyoming's broader self-defense and use-of-force statutes; LSO flagged potential cross-references in existing immunity and reckless-endangerment provisions. Senator Nethercott asked whether the private employer would indemnify or otherwise assure legal defense for employees who invoke the new privilege; TerraPower representatives said security training and policies are in place and promised to discuss indemnification with legal counsel. Public testimony ranged from local residents urging a wider security approach (drones, supply-chain microprocessors, seismic risk) to energy and conservation stakeholders asking that the bill's scope cover nuclear material beyond on-site generation. Several committee members moved conforming amendments during the page-by-page review — for example, replacing the term "commercial nuclear generating station" with the broader "commercial nuclear facility" to cover manufacturing, storage, or other nuclear activities that might need similar protections, and adding a post-certification requirement so guards meet Wyoming Peace Officer Standards and Training (POST) criteria. The committee voted to sponsor the amended draft for filing; members said additional refinements could follow in session after stakeholder review. The draft as amended remains a committee-sponsored bill and will be filed for the upcoming legislative session.