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Gov. Justice signs repeal of nuclear power prohibition

By Steven Allen Adams 3 min read

CHARLESTON -- Gov. Jim Justice signed a bill repealing a prohibition on nuclear power plant construction in West Virginia into law Tuesday while also urging further study of the issue.

According to a letter sent to the West Virginia Legislature on Tuesday, Justice signed Senate Bill 4, repealing sections of the state code banning the construction of nuclear power plants in West Virginia.

SB 4 passed both the House of Delegates and state Senate in January by wide bipartisan margins. Justice expressed his pleasure in signing the bill, but he urged lawmakers to continue to study the issue of nuclear power going forward.

"While I have approved this bill, I think it is important to note that any development or placement of nuclear technologies in this State must be done thoughtfully and, above all, safely," Justice wrote. "I call upon our Legislature to continue to research and monitor nuclear initiatives around the nation to ensure appropriate regulatory or safety measure are in place as new technologies are developed and implemented."

SB 4 removes two sections of code banning the construction of new nuclear power plants except under certain circumstances. The ban has been in place since 1996. Both the Public Service Commission and the state Department of Environmental Protection have rules and regulations in place dealing with the construction of new power plants and the handling of radioactive waste. New nuclear power plants also come under the authority of the U.S. Nuclear Regulatory Commission.

Lawmakers first started considering repealing the ban after conversations with North Carolina-based steel manufacturer Nucor, which plans to build a steel mill in Mason County. Nucor uses electric arc furnaces instead of carbon dioxide-producing coal-fired furnaces. Nucor announced last year its intentions are to further cut its greenhouse gas emissions and seek cleaner sources of power.

Radioactive waste at commercial nuclear plants is stored on site in wet pools for five years and dry casks, according to the Congressional Research Service. The Nuclear Energy Institute, a Washington, D.C.-based trade organization, states these storage methods take up little space and are safe. According to the National Conference of State Legislatures, West Virginia was among 13 states with restrictions on construction of new nuclear power plants.

"The bill I have signed today is a positive step in modernizing our state's regulatory environment, but we must work to ensure only positive outcomes from this legislation by continually evaluating any concerns and implementing best practices in any regulation that may be required," Justice wrote.

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