Current Oversight of Nuclear Energy on Federal and State Levels

The primary agency in charge of overseeing commercial nuclear energy plants on a federal level in the United States is the U.S. Nuclear Regulatory Commission, which is an independent agency separate from the U.S. Department of Energy. According to its website, the NRC “regulates commercial nuclear power plants and other uses of nuclear materials, such as in nuclear medicine, through licensing, inspection and enforcement of its requirements”. More specifically, the Nuclear Regulatory Commission oversees and regulates how nuclear waste is dealt with, how mill tailings are dealt with, and how states should form their laws and regulations around commercial nuclear energy plants.

The United States Department of Energy also deals with nuclear issues on a federal level; however, these deal more with nuclear weapons, overseeing disposal sites for nuclear fuel rods, and advancing research for nuclear energy. The Environmental Protection Agency and the Food and Drug Administration also play more minor roles in the oversight of nuclear energy.

The U.S. Nuclear Regulatory Commission also offers the Agreement State Program, in which is relinquished regulatory authority, in accordance to NRC rules, to state governments. The State of Colorado became an agreement state on February 1st, 1968, and amended the agreement in 1982, which is the current agreement between the NRC and the Colorado State Government. With this agreement, the State of Colorado assumes control of regulating and rule making for uranium processing, fuel disposal, and electricity generation via a nuclear plant. However, the NRC retains control of very specific areas such as ocean disposal of nuclear waste, internationally importing or exporting radioactive material or fuel, and licensing disposal of waste.

Within the Colorado state government, the two agencies that would be most influential regarding nuclear energy policy are those that are already most involved with energy policy in general, namely, the Colorado Department of Natural Resources, the Colorado Department of Public Health and Environment, and the Colorado Energy Office. According to the U.S. Nuclear Regulatory Agency, there are 79 regulations and legislative decisions regarding nuclear energy in Colorado. These regulations range between how byproducts of uranium mining is to be handled, radioactive dose amounts for employees, or how dosimetry machinery should be used and recorded.

According to the National Conference of State Legislatures, in the United States there are 15 states that have prohibitive regulations on nuclear energy that make it either illegal to construct new facilities or put huge regulatory barriers of entry for nuclear plants. Colorado is currently not one of these state, and does not have prohibitive entry for nuclear power.