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Wyoming committee asks LSO to draft bill limiting liability for nuclear security personnel
Summary
The Minerals, Business & Economic Development interim committee asked staff to draft a bill that would limit civil and criminal exposure for trained security personnel at licensed commercial nuclear sites, following testimony that Wyoming law does not clearly shield guards who must use force to defend a reactor site.
The Minerals, Business & Economic Development interim committee voted to ask Legislative Service Office staff to draft legislation that would clarify legal protections for armed security personnel at commercial nuclear generating sites.
Committee members said they moved because applicants and licensees told the panel that federal regulation requires on‑site security but that Wyoming law lacks an explicit shield for personnel who may have to use force to defend a licensed facility. "Without such protections, security personnel at TerraPower's Kemmer facility and any future commercial nuclear facilities in Wyoming remain exposed to potential civil and criminal liability," said Melissa Darlington, nuclear security manager for TerraPower, who testified in Casper.
Lawmakers asked LSO to prepare a draft modeled on statutes in other states and to circulate it for further refinement before the committee reconvenes in July. Senator Mike Rafuss moved the committee direction to work with LSO and stakeholders to draft appropriate language; Representative Knapp seconded the motion and the committee approved it.
Supporters said the change is limited in scope: it would apply to trained, employed security personnel at a commercial nuclear generating station or its fenced yard, acting on reasonable belief while performing authorized duties, and would not provide blanket immunity. As Travis McNiven, a TerraPower representative, explained, the draft borrows "heavily" from Arizona and Kansas, where similar provisions have been on the books for years. Committee members flagged drafting questions—most notably the geographic limits of the immunity (the fenced facility boundary versus a broader site perimeter) and the relationship of any new state statute to federal NRC requirements.
Opponents and public commenters cautioned against expanding immunity. Several residents and some legislators pressed for more public outreach and legal review before finalizing language. The committee asked LSO to prepare a working draft for public comment and to convene a small stakeholder working group, with the committee nominating Senator Nethercott for the group because of her experience with criminal code issues.
The committee voted to advance the request to LSO, and to consider the draft at its next meeting in Casper in July. The committee also requested a companion LSO product that would summarize how existing state statutes (including those cited in the draft) would interact with the proposed language.
