Regulators tell West Virginia legislators NRC currently has primacy; state lacks nuclear permitting program

Charlotte Lane, chair of the West Virginia Public Service Commission, told the joint committee that the PSC already has statutes, rules and a siting/certificate process to review utility‑filed nuclear projects and exempt wholesale generator facilities that would sell into PJM. Lane said the PSC’s processes include public comment hearings and evidentiary hearings, and that the commission has used an established siting certificate procedure for other generation projects.

Scott Driver, acting general counsel for the West Virginia Department of Environmental Protection, told the committee the state currently lacks a regulatory scheme for nuclear power and that, "under the Atomic Energy Act, that goes to the federal NRC." He said DEP has no authority today over reactor licensing, radiological safety, fuel handling or waste disposal, and that the department does not have specialized staff or a permitting program for nuclear activity. Driver said achieving any state primacy over aspects of regulation would require a federal delegation and would likely take years.

Committee members asked whether the state could repurpose old coal or mine sites for reactors and whether transmission‑related eminent‑domain actions would follow. Lane said repurposing coal or plant sites is feasible and that the PSC would host public hearings and consider impacts such as rights‑of‑way. Driver said litigation is pending in some matters where advanced reactor firms challenge NRC jurisdiction; he cautioned he had not reviewed the litigation in detail but said that if federal jurisdiction were altered the state would need to create staff, permitting programs and expertise before assuming any primacy.

Both Lane and Driver recommended that West Virginia coordinate with federal partners and with other states to build capacity and that any statutory or regulatory changes should account for staff and program needs. The PSC chair noted a statutory timeline (270 days is allowed in statute for a siting certificate) but added her office had experience completing some siting matters for other technologies in about four months.

The committee did not vote on regulatory changes at the hearing; legislators asked the executive branch to continue engaging the NRC and to confirm reports and timelines that support site screening and next steps.