HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HM 1137 New Nuclear Energy
SPONSOR(S): Overdorf
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Energy, Communications & Cybersecurity 16 Y, 0 N Mortellaro Keating
Subcommittee
2) Commerce Committee 21 Y, 0 N Mortellaro Hamon
SUMMARY ANALYSIS
Under Federal Law, the United States Nuclear Regulatory Commission (NRC) is responsible for licensing and
regulating the operation of commercial nuclear power plants in the United States. NRC approval is necessary
before a nuclear power plant can be built and operated, and the NRC holds continued oversight to ensure the
nuclear power plants comply with their regulations to protect public health and safety, defense and security,
and the environment.
Reprocessing turns used and unusable uranium and plutonium into usable energy resources, reclaiming and
repurposing nuclear waste. Many countries have been implementing policies to reprocess nuclear fuel.
This memorial urges the President and Congress to take action to adjust regulatory policy as necessary to
allow states the ability to conduct feasibility studies on reclamation and repurposing of spent nuclear fuel for
new nuclear energy generation.
Legislative memorials are not subject to the Governor’s veto powers and are not presented to the Governor for
review. Memorials have no force of law, as they are mechanisms for formally petitioning the federal
government to act on a particular subject.
This memorial does not have a fiscal impact on the state or local governments.
This memorial is not subject to the Governor’s veto powers.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 4/13/2023
 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Reprocessing
Reprocessing generally refers to “the processes used to separate spent nuclear reactor fuel into
nuclear materials that may be recycled for use in new fuel and material that would be discarded as
waste.”1 While there are no commercial reprocessing facilities currently operating in the U.S., there are
many in other countries.2 The process of reprocessing turns used and unusable uranium and plutonium
into usable energy resources, reclaiming and repurposing nuclear waste. The nuclear power formed
from this process is a low-carbon source of energy, since it doesn’t produce CO2 during operations. 3
Many European countries, Russia, China, and Japan have been implementing policies to reprocess
nuclear fuel.4
The U.S. currently has 86,000 metric tons of spent nuclear fuel from commercial reactors which are
stored at 75 sites.5 The spent nuclear fuel is held in repositories.6 While the U.S. has had three
commercial reprocessing plants in the past, they are all currently decommissioned due to nuclear
weapons proliferation concerns and level of radioactivity in the waste. 7
Regulatory Policy for Licensing
For Nuclear Fuel Facilities
Under Federal Law, the United States Nuclear Regulatory Commission (NRC) is responsible for
licensing and regulating the operation of commercial nuclear power plants in the United States. 8
Currently, all operating nuclear power plants have been licensed under a two-step process described in
Title 10 of the Code of Federal Regulations (10 CFR) under Part 50.9 This process requires a
construction permit and an operating license.10 In 1989, to improve regulatory efficiency and add more
predictability to the licensing process, 10 CFR Part 5211 was created, which includes a combined
license that provides the construction permit and an operating license. 12 There are other licensing
options under Part 52, such as Early Site Permits and certified standard plant designs. 13 NRC holds
final authority of approval, and their approval is necessary before a nuclear power plant can be built
and operated.14 The NRC holds continued oversight of these plants to make sure they comply with
NRC regulations to protect public health and safety, defense and security, and the environment. 15
1 United States Nuclear Regulatory Commission, Reprocessing, https://www.nrc.gov/materials/reprocessing.html (last visited Mar. 27,
2023).
2
Id.
3 World Nuclear Association, Processing of Used Nuclear Fuel (Dec. 2020), https://world-nuclear.org/information-library/nuclear-fuel-
cycle/fuel-recycling/processing-of-used-nuclear-fuel.aspx (last visited Mar. 23, 2023).
4 Id.
5 U.S. Government Accountability Office, Commercial Spent Nuclear Fuel: Congressional Action Needed to Break Impasse and
Develop a Permanent Disposal Solution, https://www.gao.gov/products/gao-21-603 (last visited Mar. 27, 2023).
6 Id.
7 World Nuclear Association, Processing of Used Nuclear Fuel, https://world-nuclear.org/information-library/nuclear-fuel-cycle/fuel-
recycling/processing-of-used-nuclear-fuel.aspx (last visited Mar. 27, 2023).
8 United States Nuclear Regulatory Commission, Backgrounder on Nuclear Power Plant Licensing Process,
https://www.nrc.gov/reading-rm/doc-collections/fact-sheets/licensing-process-fs.html (last visited Mar. 23, 2023).
9 10 CFR 50.
10 Backgrounder on Nuclear Power Plant Licensing Process, supra note 7.
11 10 CFR 52.
12 Backgrounder on Nuclear Power Plant Licensing Process, supra note 7.
13 Id.
14 Id.
15 Id.
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 For Reprocessing Facilities
The Global Nuclear Energy Partnership (GNEP) was an initiative with a comprehensive strategy to
increase U.S. and global energy security, reduce the risk of nuclear proliferation, 16 and improve the
environment.17 The primary goal of implementing this initiative was to establish domestic reprocessing.
In 2008, the U.S. Congress reduced funding of GNEP and this goal dissipated. Between 2008 and
2013, the NRC received four letters from companies supporting an updated reprocessing regulatory
framework. As a result of these letters, the NRC focused its efforts on creating a more broadly
applicable framework for commercial reprocessing facilities. 18 In 2013, the NRC provided resource cost
estimates that would be required to update the NRC regulatory framework for licensing a reprocessing
facility.
In 2020, stakeholders including the Nuclear Energy Institute (NEI), the U.S. Department of Energy
(DOE), the Union of Concerned Scientists (UCS), industry representatives, environmental groups, and
private citizens got involved. In March of 2020, NEI and industry representatives voiced support for
continuing rulemaking for a clear regulatory framework of reprocessing, but none of these industry
stakeholders planned to apply for a reprocessing facility. UCS indicated that they do not support
rulemaking because of proliferation concerns. The NRC reached out to organizations who create
reactors. The NRC determined that in addition to using fresh fuel obtained from enrichment and
fabrication, other advanced reactor designs would eventually be able to source fuel from spent fuel of
other reactors; however, there was limited interest in pursuing reprocessing activities in the near future.
DOE has some reprocessing initiatives, but none of their initiatives require NRC licensing.19 Eventually,
in 2021, the NRC staff determined that reprocessing licensing rulemaking is not currently justified due
to the limited interest from potential applicants for reprocessing facilities and the expansive costs.20
Nuclear Power Plants in Florida
The NRC Regional Officer in Atlanta holds jurisdiction over Florida’s nuclear power reactors. Currently,
there are two operating nuclear power reactors,21 no fuel cycle facilities,22 and no uranium recovery
facilities located in Florida. The four operating nuclear power reactor units, are located in two locations
in Florida, St. Lucie23 and Turkey Point.24 These power plants generate 12% of the state’s electricity.25
Feasibility Studies
16 World 101, What is Nuclear Proliferation, https://world101.cfr.org/global-era-issues/nuclear-proliferation/what-nuclear-proliferation
(last visited Mar. 27, 2023).
17 The Glob al Nuclear Energy Partnership: Greater Energy Security in a Cleaner, Safer World , https://www.energy.gov/articles/global-
nuclear-energy-partnership-0 (last visited Mar. 27, 2023).
18
Reprocessing, supra note 1.
19 While DOE reprocessing is not required to obtain licensing under the NRC, the NRC must be consulted and is required to monito r
DOE waste disposal actions. U.S. Department of Energy, DOE M 435.1 -1, Radioactive Waste Management Manual,
https://www.directives.doe.gov/directives -documents/400-series/0435.1-DManual-1 (last visited Mar. 27, 2023); Office of Environmental
Management, How DOE Makes Reprocessing Waste Determinations, https://www.energy.gov/em/how-doe-makes-reprocessing-waste-
determinations (last visited Mar. 27, 2023).
20
United States Nuclear Regulatory Commission, DISCONTINUATION OF R ULEMAKING – SPENT FUEL R EPROCESSING,
https://www.nrc.gov/docs/ML2030/ML20301A388.pdf.
21 A “nuclear power reactor” uses heat energy released from splitting atoms of certain elements to generate electricity. Uranium is the
basic fuel; World Nuclear Association, Nuclear Power Reactors, https://world-nuclear.org/information-library/nuclear-fuel-cycle/nuclear-
power-reactors/nuclear-power-
reactors.aspx#:~:text=Nuclear%20Power%20Reactors%201%20Nuclear%20reactors%20work%20by,most%20of%20those%20operati
ng%20are%20second-generation.%20More%20items (last visited Mar. 23, 2023).
22 According to the NRC, “fuel cycle facilities” make nuclear fuel for commercial nuclear reactors or manufactur e specialty materials for
the U.S. Navy’s nuclear fleet. There are three types: uranium conversion, uranium enrichment, and fuel fabrication. United States
Nuclear Regulatory Commission, Fuel Cycle Facilities, https://www.nrc.gov/materials/fuel-cycle-fac.html (last visited Mar. 27, 2023).
23 United States Nuclear Regulatory Commission, St. Lucie Plant, Unit 1, https://www.nrc.gov/info-finder/reactors/stl1.html (last visited
Mar. 23, 2023); USNRC, St. Lucie Plant, Unit 2, https://www.nrc.gov/info-finder/reactors/stl2.html (last visited Mar. 23, 2023).
24 United States Nuclear Regulatory Commission, Turkey Point Nuclear Generating Unit 3, https://www.nrc.gov/info-
finder/reactors/tp3.html (last visited Mar. 23, 2023); United States Nuclear Regulatory Commission, Turkey Point Nuclear Generating
Unit 4, https://www.nrc.gov/info-finder/reactors/tp4.html (last visited Mar. 23, 2023).
25 Florida Energy Systems Consortium, Florida Energy Facts, http://floridaenergy.ufl.edu/florida-energy-
facts/#:~:text=Florida%20was%20second%20only%20to%20Texas%20in%202014,including%20rene wable%20energy%2C%20supplie
d%20the%20remaining%20electricity%20generation (last visited Mar. 23, 2023).
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 A feasibility study is an important step in developing new nuclear projects. 26 As an overview, a
feasibility study will assess all aspects of energy demand, each energy option, cost and technical
aspects, any the varying degrees of social and environmental implications to determine if it is possible,
practical, and viable.27
Effect of the Memorial
The memorial urges the President and Congress to take action to adjust regulatory policy as necessary
to allow states the ability to conduct feasibility studies 28 on reclamation and repurposing of spent
nuclear fuel for new nuclear energy generation.
Legislative memorials are not subject to the Governor’s veto power and are not presented to the
Governor for review.29 Memorials have no force of law, as they are mechanisms for formally petitioning
the federal government to act on a particular subject. Upon adoption by both chambers, copies of the
memorial will be sent to the President of the United States, the President of the United States Senate,
the Speaker of the United States House of Representatives, and each member of the Florida
delegation to the United States Congress.
B. SECTION DIRECTORY:
None.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
26 International Atomic Energy Agency, Preparation of a Feasib ility Study for New Nuclear Power Projects, IAEA N UCLEAR ENERGY
SERIES N O. NG-T-3.3 (2014), https://www-pub.iaea.org/MTCD/Publications/PDF/Pub1633Web-39794849.pdf.
27 Id.
28 Id.
29 A “memorial” is a measure addressed to an executive agency or another legislative body, usually Congress, which expresses the
consensus of the Florida Legislature or urges that certain action be taken on a matter within the jurisdiction of the agency or body to
which it is addressed. When both houses adopt the measure, the memorial is signed by the legislative officers and transmitted to the
Secretary of State for presentation to the addressee. A memorial is not subject to the approval or veto powers of the Governo r, is not
subject to constitutional title requirements, and does not have the effect of law. The Florida Senate, Glossary,
https://www.flsenate.gov/Reference/Glossary (last visited Mar. 23, 2023).
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 III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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