PSC authorizes staff to intervene in lawsuit seeking changes to NRC SMR permitting rules

The Louisiana Public Service Commission authorized staff to take steps, including hiring outside counsel if necessary, to intervene in a U.S. District Court lawsuit brought by the states of Texas and Utah and Last Energy that challenges Nuclear Regulatory Commission permitting rules for small modular reactors (SMRs).

At the meeting, staff explained the complaint contains two claims: a request that the NRC modify its permitting rules for SMRs because the current rules are "too onerous and are based on a flawed reading of the statute," and a request for a declaratory ruling that university research reactors should not be subject to the same permitting requirements. "I think our focus would be more on that first claim looking to have the NRC rewrite the rules as they apply to SMRs," staff attorney Mr Fry said.

Commissioners voted to support the staff recommendation to intervene and to authorize whatever measures staff deem necessary to protect the commission's interests in the litigation; the motion was seconded and taken up without recorded objection on the public record. Staff said intervention would be coordinated with related rulemaking activity at the NRC created by recent federal action.

The commission did not adopt a formal brief on the record at that meeting; staff said intervention could include filing briefs, participating in related docket proceedings and coordinating with other state actors as the litigation and NRC activity proceed.