Illinois Gov. J. B. Pritzker returned to the good graces of the nuclear community last Friday, signing H.B. 2473, a bill that partially lifts the state’s decades-long moratorium on new nuclear power builds by permitting the construction of small modular reactors.

Pritzker had vetoed similar legislation, S.B. 76, in August, saying in a veto message that the bill included an overly broad definition of “advanced reactors,” which would “open the door to the proliferation of large-scale nuclear reactors that are so costly to build that they will cause exorbitant ratepayer-funded bailouts.” Pritzker had also asserted that S.B. 76 lacked “regulatory protections or updates to address the health and safety of Illinois residents who would live and work around these new reactors.”

While an initial bill aimed at lifting the decades-old ban on new nuclear construction in Illinois was vetoed in August by Gov. J. B. Pritzker, the state’s nuclear-friendly legislature is giving the effort another shot, opting to pursue new legislation rather than a veto override.

Speaking at an event last week at the University of Illinois–Urbana-Champaign, Illinois Gov. J. B. Pritzker defended his recent veto of S.B. 76—the bipartisan bill that would have lifted the state’s decades-old moratorium on nuclear plant construction. At the same time, he extolled the promise of small modular reactors and said he would sign an amended version of the legislation.

Rezin

Pritzker

Nuclear advocates may have applauded Illinois Gov. J.B. Pritzker two years ago when he signed legislation providing $694 million to three of the state’s struggling nuclear power plants, but they’re hissing him now: On Friday, Pritzker vetoed S.B. 76, a bill that would have lifted the state’s decades-old moratorium on new nuclear power plant construction.

Introduced in January by Sen. Sue Rezin (R., 38th Dist.), S.B. 76 called for deleting language in the Illinois Public Utilities Act that forbids nuclear plant construction in the state until the Illinois Environmental Protection Agency determines that the federal government “has identified and approved a demonstrable technology or means for the disposal of high-level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly.”

The Illinois General Assembly has given the nod to S.B. 0076, a bill that would repeal the state’s decades-old moratorium on new nuclear power plant construction.

After passing the Senate in a 39–13 vote on March 30, the legislation proceeded to the House, where it was amended and approved 84–22 on May 18, then sent back to the Senate for concurrence. Late on May 19, the Senate agreed, 36–14 (with 3 voting “present”), to the proposed amendment. The bill now moves to Gov. J. B. Pritzker’s desk for consideration.

In a 39–13 bipartisan vote on March 30, the Illinois Senate passed legislation that would end the state’s prohibition on nuclear power plant construction—a ban that has been on the books since 1987.

Walker

A bipartisan effort in the Illinois General Assembly to repeal the state’s decades-old prohibition on new nuclear plant construction made some progress this week when the House Public Utilities Committee voted 18–3 to advance a bill lifting the ban.

Introduced on January 12 by Rep. Mark Walker (D., 53rd Dist.)—who sponsored identical legislation last year—H.B. 1079 would delete language in the Illinois Public Utilities Act that prohibits nuclear plant construction in the state “until the director of the Illinois Environmental Protection Agency finds that the United States government, through its authorized agency, has identified and approved a demonstrable technology or means for the disposal of high-level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly.” The bill has 31 cosponsors—four Democrats and 27 Republicans.

The yearlong, nail-biting drama over the fate of Exelon’s Byron and Dresden nuclear plants came to an end on Monday afternoon when the Illinois Senate gave its nod to S.B. 2408, a wide-ranging clean energy package that seeks to phase out fossil-fuel power generation in the state and place it on a path to 100 percent carbon-free energy by 2050.

With essentially no time to spare, the Illinois Senate early this morning passed a clean energy omnibus package that includes $694 million in assistance to three of the state’s financially troubled nuclear plants: Braidwood, Byron, and Dresden. The vote was 39–16. (Both the Senate and House had returned to the capital on Tuesday for a one-day special session to consider legislative redistricting.)

A $6 billion lifeline for struggling U.S. nuclear power plants is reportedly included in the nearly $1 trillion bipartisan infrastructure bill currently being mulled over in the U.S. Senate, but it won’t be thrown in time to rescue Illinois’s Byron and Dresden plants, according to owner and operator Exelon.

In an August 4 statement on second-quarter earnings, Exelon’s president and chief executive officer, Chris Crane, noted that while his company is encouraged by the growth of federal support for policies that acknowledge the value of nuclear’s clean energy generation, “passage of legislation remains uncertain and, regardless, will come too late to save our Byron and Dresden plants from early retirement this fall. While we remain hopeful that a state solution will pass in time to save the plants, clean energy legislation in Illinois remains caught in negotiations over unrelated policy matters, leaving us no choice but to continue down the path of closing the plants.” (Last August, Exelon announced its intention to prematurely retire Byron and Dresden, citing long­standing economic pressures. Last week, the company filed decommissioning plans for the two nuclear facilities.)

As Illinois lawmakers continue to debate energy legislation that would allow the state’s Byron and Dresden nuclear plants to continue operation beyond this year, Exelon would like to remind everyone—including those legislators, no doubt—of what is at stake.

Exelon on June 16 filed with grid operator PJM Interconnection to deactivate the two Byron reactors in Illinois. The move came one day after the Illinois Senate adjourned without reaching an agreement on a comprehensive energy package that would have provided nearly $700 million to keep Byron’s reactors, as well as Exelon’s Dresden and Braidwood nuclear power plants, in operation. (In August of 2020, Exelon announced that it would close the economically challenged Byron and Dresden facilities in the fall of 2021 without some form of state aid to provide compensation for their clean power.) The state’s House of Representatives also adjourned earlier this week without taking up the bill.

Three Illinois nuclear power plants—Byron, Dresden, and Quad Cities—did not clear in last week’s long-delayed PJM Interconnection capacity auction, Exelon Generation reported in a filing with the Securities and Exchange Commission.

The news is likely to further pressure the Illinois General Assembly to pass a comprehensive energy package—one with subsidies for the state’s financially ailing nuclear plants—before Exelon moves forward with its plan, announced last August, to prematurely retire Byron and Dresden.

A large group of nuclear and nuclear-friendly organizations, including the American Nuclear Society, sent a letter on May 24 to Illinois lawmakers urging them to pass the Climate Union Jobs Act (CUJA) before the legislature adjourns at the end of this month.

Among its provisions, the bill would create 74 million megawatt-hours of carbon mitigation credits for Exelon’s Braidwood, Byron, Dresden, and LaSalle nuclear plants. The Clinton and Quad Cities plants, which participate in Illinois’s zero-emission credit program, would not be eligible. (In August of last year, Exelon Generation, owner and operator of all six nuclear plants in Illinois, announced that it would close Byron and Dresden without state support of some kind, adding that Braidwood and LaSalle were also imperiled.)

A group of Illinois lawmakers joined Joe Duffy, executive director of the labor coalition Climate Jobs Illinois (CJI), at a virtual news conference on March 29 to unveil a union-focused, clean energy legislative proposal that includes help for the state’s struggling nuclear power plants.