The bill changes current policy and directs the SCC to permit reimbursement of "reasonable and prudent" utility expenditures on SMR development. In practice, utility lawyers and experts are very persuasive. Does the SCC have the staff or outside resources to fully evaluate the information the utilities provide about “advanced” reactor design and engineering? Implementing HB1491, sunk costs from front-end government subsidized capital and relatively low, early ratepayer costs will help APCo attorneys and engineers convince the SCC to require ratepayers to continue reimbursing ongoing SMR expenses incrementally. Continuing to require ratepayer credit for SMRs becomes the default choice. Throwing good money after bad. Utilities win either way by scooping up front-end federal and state subsidies, then forcing ratepayers to reimburse all other expenses. Like the $600 million “recovered” from Virginians for the shelved North Anna #3, designed but never built as this bill would allow APCo to force ratepayers to take the risks and pay even if a SMR nuclear plant is never completed. Then to be able to request a profit on top of the ratepayer subsidies, as if the plant were already producing electricity. The proposed SMRs are far from small. SB454 permits multiple SMRs, each up to 500 MW, at a single location. 500 MW is a standard-sized reactor, according to the Department of Energy. At the 500 mW limit a “small” modular nuclear reactor would be more than half as big as the largest nuclear reactors currently operating in Virginia. In a number of ways, this is no small thing. Please spare Virginia’s APCo customers - residential, commercial and industrial - from being forced to bear the risk and burden for SMRs. The risk for a risky project rightly falls on the company and its stockholders. Vote ”NO” on HB-1491.

I would encourage you to vote NO on HB1323. SMRs are a never built or tested concept. planned to be placed in a seismically active area. I feel this is a bad idea. I object to this project and having Virginia's taxpayers and ratepayers on the hook to subsidize such a risky, pricey and highly speculative venture.

Aristidis Loumis, PHD student. Virginia Commonwealth University, on behalf of the Dept. of Mechanical and Nuclear engineering. We need a diverse energy portfolio to achieve the clean energy future we all want and that needs to include nuclear so why not use the least outdated technology we have now? We support this bill.

Good afternoon Mr Chairman and members of the committee, My name is Peggy Milota and I am a PhD student in mechanical and nuclear engineering at Virginia Commonwealth University as well as a former navy nuclear mechanic. I am here to speak in favor and support of this bill, as bills that support these new technologies bring opportunities for future jobs that will keep myself and people like me in Virginia, where many of our predecessors have left the state and country due to lack of opportunities. Thank you.

The Nuclear Innovation Alliance (NIA) is an independent non-profit think-tank funded focused on creating the conditions for success for advanced nuclear energy as a clean energy solution. NIA supports HB 1323 and thinks that this bill is an important early step that can enable deployment of small modular reactors in Virginia as part of the state’s future clean energy mix. NIA believes that state level support for advanced nuclear energy will be critical to accelerating the deployment of new nuclear power plants. Advanced nuclear energy and small modular reactors can play an important role in Virginia’s clean energy future by complimenting renewable energy sources and providing a source of reliable clean energy. The clean dispatchable energy from new nuclear reactors can help ensure affordable and reliable energy year-round for residential, industrial, and commercial customers. It will be important for Virigina to create a pathway for utilities to consider investments in these new nuclear projects. HB 1323 enables utilities to explore potential new nuclear projects and consider long-term investments in nuclear energy that could provide Virginia with clean energy for the next 60 to 100 years. It is important to remember that this bill does not commit Virginia to investing in new nuclear projects but enables nuclear energy to be considered as a long-term energy solution for the state. Providing the Commission the ability to evaluate and determine what developments costs are “reasonable and prudent” helps protect Virginia energy customers while still enabling utilities to seriously consider and evaluate the potential benefits of new nuclear projects. NIA supports HB 1323 because it creates a pathway for Virginia utilities to consider long term investments in new nuclear energy projects while protecting rate payers and enables new nuclear energy and small modular reactors to be included as future clean energy solution for Virginia.

Please oppose HB 1323 and 1491 With all due respect, we do not need to follow Utah on their failed smr project last year. Even with lots of DOE funding, the projects cost ballooned to over 100 dollars a kWh. Please oppose these 2 bills that use Virginia as a test project for an unproven experimental nuclear technology. Thank you, Erica Gray

My name is Lauren Albrecht, from Big Stone Gap, Virginia. I work with environmental watch groups: Southern Appalachian Mountain Stewards, The Clinch Coalition, and Virginia Organizing. PLEASE – vote against SB 1323! Don’t force ratepayers to be stuck paying for the risky, and costly experiments of Utility companies!! Remember the costly collapse of the premier NuScale SMR plan in Idaho, just this past November. We, who are watching these plans for the coalfields of Virginia – DO NOT want the risky, untested nuclear power plants here. They are proposed for geologically unstable, abandoned mine lands!! It is not economical, and it is NOT safe or clean energy!! Also, SB 1323 would draw support away from the renewables and energy storage that are working and FAR less expensive; and do not produce highly radioactive waste. So, please vote NO on SB 1323. Thank you. Sincerely, Lauren Albrecht

I am writing to vehemently oppose House Bill 1323, a concerning piece of legislation that, if enacted, would grant American Electric Power (Appalachian Power) and Dominion Energy Virginia the authority to petition the State Corporation Commission (SCC) for the recovery of Small Modular Nuclear Reactor (SMR) project development costs. This opposition is grounded in various critical factors that underscore the risks, financial burden, and potential drawbacks associated with embracing SMR technology in Virginia. Firstly, it is crucial to highlight the Governor's push for new SMR designs, a decision that aligns with a historical trend revealing a troubling correlation between nuclear facility cost projections and the significantly higher actual costs incurred during the implementation of reactors. Furthermore, the cancellation rate of nuclear projects stands at an alarming 50%, with new project designs often leading to extended delays and substantial cost escalations. Recent examples, such as Georgia Power's Vogtle Units 3 & 4, which came online seven years behind schedule and exceeded cost projections by 120%, serve as cautionary tales. The uncertainty surrounding how much of these cost overruns will be passed on to ratepayers emphasizes the financial risks associated with unproven SMR technologies. From an economic standpoint, Lazard's Levelized Cost of Energy-2023 (LCOE) places nuclear power as the most expensive means of generating commercial electric power at the utility scale. The cost of nuclear per megawatt-hour (MWh) has surged by 53% between 2016 and 2023 alone, contrasting sharply with the decreasing costs of solar and onshore wind, even when factoring in battery storage for continuous power availability. Adding to these concerns is the existing financial burden placed on federal taxpayers, ratepayers, and communities by the nuclear industry, with hidden subsidies, decommissioning, and mitigation costs running into hundreds of billions of dollars. Federal subsidies, surpassing $100 billion up to 2017, continue to flow, including the Inflation Reduction Act allocating $10 billion for 30% tax credits for "Advanced Energy Projects," including nuclear. The financial landscape becomes even more precarious when considering the competition with more cost-effective, market-driven alternatives like solar, wind, and battery storage. Not only do nuclear subsidies divert resources from these readily available alternatives, but the fierce competition with cheaper and greener power options could likely result in the cancellation of SMR projects. I strongly urge you to vote against HB 1323 to protect Virginians from becoming involuntary financiers of unproven and costly SMR projects. Let us prioritize sustainable, affordable, and market-driven energy alternatives that align with the evolving energy landscape, ensuring the financial well-being of the Commonwealth and its citizens.

Comments Document

How do SMRs meet the criteria Governor Youngkin set for his “all of the above” Virginia Energy Plan? The Governor stated new energy solutions must be “reliable, affordable and clean.” SMRs CANNOT BE RELIABLE. No commercial SMR has been successfully built. The NuScale project meant to debut SMRs in the U.S., collapsed one week after Gov. Younkin announced plans to power data centers with SMRs in Wise Co. Nuclear has a historic project cancellation rate of nearly 50%. SMR project completion expectations are 10-20 years. Unlike solar and wind, SMRs cannot be built and brought on line predictably. SMRs cannot meet baseload reliability requirements, but pairing renewable energies with storage offers real reliability at far less cost. SMRs CANNOT BE AFFORDABLE – SMR projects are so blatantly financially risky, utilities will not consider them without a captive public serving as angel investor - that’s why HB1323 is before you today. Dominion Energy and AEP want to win either way - scooping up front-end federal nuclear subsidies - then saddling ratepayers with financial risk for completion. Levelized cost data documents that nuclear energy is the most expensive way to generate commercial electric power. Do you want angry constituents complaining about power bills for SMRs not producing power? If not, oppose HB1323. SMRs CANNOT BE CLEAN - They produce high and low-level radioactive waste, along with risks associated with accidental radioactive releases, transportation, and storage, particularly on geologically unstable abandoned mine lands, where the Governor proposes to place them. If SMRs are such a great idea, let utility executives and stockholders take the risk of implementing this costly, unproven, failing nuclear technology. The utility company is where the risk belongs, do not vote for cost shifting of risky financial investments from utilities to Virginia ratepayers. Please OPPOSE HB1323.

PLEASE vote against HB 1323. This bill is terribly unfair to citizens of Virginia who are ratepayers. It only protects those who want to invest in SMRs, taking all risk away from them and putting it on ratepayers. Dominion and Appalachian Power can already petition the SCC for approval of SMRs on a level playing field with other types of generation. There is no need to give special treatment to SMRs, especially given the very real financial risks associated with SMRs. If investors want to gamble on SMRs let them bear the risks!

I am writing to express Framatome's support for HB 1323 and HB 1491. As a leading nuclear energy technology and services provider headquartered in Lynchburg, we believe it is important to support the future of the nuclear industry in the Commonwealth. Creating a sustainable environment for nuclear energy projects is key to maintaining Virginia's leadership in the industry. Developing new projects takes time and legislation like HB 1323 and 1491 will allow for deliberate planning to take place. Framatome and its more than 1300 employees in Virginia is planning for growth in our workforce over the next five years to support the expanding industry. We support legislation like the bills being considered to continue to ensure Virginia is the home to the growth in new nuclear energy projects. We appreciate the Committee's consideration of this legislation and encourage the passage.

Given the opportunity, vote NO on HB 1323. Today, we stand at a crossroad and your likely vote today will be vastly important. HB 1323 paves the way for utilities to recoup their development costs for small modular nuclear reactors, the future of which we are not likely to know for at least a full decade. We are forcing Virginia’s ratepayers to finance their development even though they may never produce any electricity or even be completed at an affordable cost for potential clients. Virginia’s ratepayers should not be their investors; they reap no monetary benefits from their investment. I hope for these and other reasons, including NuScale’s history of a long string of mounting failures before their collapse last November, you will today vote NO on HB 1323.

We OPPOSE HB 1323. This bill removes existing customer protections to provide preferential treatment to SMRs—a technology that is completely unproven for commercial electricity generation. Southwest Virginia has been targeted for SMRs. Over 1,000 citizens have signed our petition raising concerns and alarms about SMRs. There has been no public involvement in decision making. Please protect us here in the Coalfields. This is an environmental justice issue.

I am writing to ask you to oppose HB1323. This bill would remove existing customer protections to provide preferential treatment to SMR technology, a technology that is completely unproven for commercial electricity generation. Utilities can already petition the SCC for approval of SMRs on a level playing field with other types of generation so there is no need to give special treatment to SMRs especially given customer risks associated with SMRs. The nuclear industry already costs regular taxpayers, ratepayers and communities hundreds of billions of dollars in hidden subsidies, decommissioning and mitigation costs. Federal subsidies alone, up to 2017, topped 100 billion dollars with more in the pipeline. Nuclear is the MOST expensive way to generate electricity according to Lazard's Levelized Cost of Energy 2023 (LCOE) and according to LCOE nuclear is the only utility-scale generation source that has gone up significantly in price/mw per hr between 2009 and 2023 alone (unsubsidized). The LCOE shows that solar, on shore wind and even inclusive of battery storage making power 24/7 are the lowest cost sources of new power generation. Nuclear subsidies send utilities and customers down a costly rabbit hole, away from cheaper, market driven solar, wind and storage that are all available NOW. This bill would force ratepayers to be nuclear project financiers. People are already struggling to support their households. If SMRs are such a great idea, let utility executives and stockholders take the risk of implementing this so-called "advanced" nuclear technology. I ask you to oppose HB1323 which would put the risks that should be taken by these giant corporations onto us. Please vote with the people and vote NO. Jane Branham P.O. Box 14 Norton, VA 24273

I am writing to urge you to vote against House Bill 1323. The push for SM [nuclear]Rs again puts southwest Virginia at risk in order to provide electricity to the rest of the state, and in this case to potentially expand the profits of Dominion Energy and Appalachian Power. And in SB 454 ratepayers across Virginia may be "asked" to pay for this experiment. Please vote NO.

Please oppose all the bills and this bill related to Small Modular nuclear Reactors. Wise Co. is my birthplace where all these plans are proposed and very near where Delta Lab will locate. Storage of the toxic radioactive waste is just one of the concerns. There is a film on how radioactive wastes has contaminated the ocean, Columbia River and so forth. Everyone should watch Radioactive Waste: A Nuclear Nightmare | ENDEVR Documentary It's gripping. A little over an hour. Done in August, 2023. You should be able to find it on YOUTUBE.

I live in Scott County and am writing to voice my strong objections to the following bills: HB741 reduces the level of oversight and permitting requirements for siting small nuclear reactors (SMRs), classifying them as "clean renewable energy" projects when, in fact, they are not clean or renewable energy technologies -- they produce radioactive waste and, if there is an accident, they release radioactive material into our air or water. These are risks not associated with clean energy projects and small modular nuclear reactors should have the same level of permitting and siting scrutiny as full scale nuclear plants. HB741 would allow siting in previously undisclosed locations across Southwest Virginia without public input. SMR sites proposed in a LENOWISCO Planning Commission study are predominantly on disturbed mine lands, which are more likely to be structurally unstable from past blasting fractures. These sites should require greater scrutiny rather than less. Please vote NO on HB741. ******** HB1074 amends the definition of “renewable energy” to “zero-carbon”, which is not in keeping with Virginia's Clean Economy Act that was designed to encourage truly renewable energy sources, and which specifically excludes nuclear power. Small modular nuclear reactors (SMRs) are neither clean energy nor renewable energy. Please vote no on HB1074. ********* HB1323 would allow utilities to recoup development costs for small modular nuclear reactors (SMRs), which may never be constructed or deliver power to ratepayers. HB 1323 would force Virginia  ratepayers to finance the development of SMR technology when there has never been a successful SMR facility built. It is the utility stockholders who should finance this risky and costly technology if they are so enthusiastic about it. Please vote no on HB1323. ************** HB1491 would force Virginians to pay the costs of planning, building, and operating a generating facility that is serving customers in another state. We, Virgina ratepayers, would be liable for all the costs, and the larger the capital addition to the rate base, the larger the profit for stockholders, the larger the bonus for utility executives, and the larger the utility campaign donations to Virginia legislators. Please vote no on HB1491 and instead support cheaper, faster, and far less risky solar and energy storage capacity.

I write to oppose bills, HB741, 1074, 1323, and 1491, which potentially take Virginia in dangerous directions. Nuclear power has not lived up to its predicted potential of being "too cheap to meter". Indeed, it has turned out to be expensive, dangerous, and unreliable: an excellent example of our technological CLEVERNESS outrunning our WISDOM to foresee negative consequences. Put more simply, just because we CAN do something, doesn't mean we SHOULD do it. Known unresolved problems include: Disposition of radioactive waste Environmental effects of Uranium mining Potentially unstable substrates for siting reactors, especially on mine sites. Energy "Demands" continue to be exorbitant and not consistent with a sustainable future.

Vote NO on HB 1323 Currently, utilities seek to progress with planning for SMR's in our neighborhoods in the coalfields of Virginia. Subsidies from the federal government are in their pockets but they seek to further their plan now by forcing ratepayers and taxpayers to accept the risks and force ratepayers to pay even if a nuclear plant is never completed. This venture is so financially risky that the only one approved, NuScale, lost its potential customers due to gross cost overruns. The project folded in early November. Why must we, taxpayers and ratepayers, finance their "advanced nuclear technology” follies? There are far less risky financial ventures we can take on to produce the energy we need, to become good stewards of public monies, such as wind and solar. As a life-long resident of Wise County, I am greatly concerned, among others, with the permanent mar of our landscapes. Many generations of this should be enough to sacrifice. We carry the scars, in the land and in the health and early deaths of our people. Please Vote NO on HB 1323.

Dear Sir, HB 1323 would give utility companies the financial green light to lay the burden of the cost for construction of nuclear power plants on rate payers. Utilities want this bill so they can win, no matter what happens. This bill would be a slap in the face to the PEOPLE, forcing us to finance these projects so that they have no financial risk. This bill would be a win for big corporations but a loss for ALL people across the state and possibly beyond. Please put people over profit and vote NO on HB 1323 Thank you, Jane Branham P.O. Box 14 Norton, VA 24273

I am absolutely OPPOSED to this bill. Why should rate payers pick up the bill on these insane investments??? Small modular NUCLEAR reactors are NOT safe!!! They are NOT clean! Far from it!! Please look into this. I, as an individual oppose the electric companies getting subsidies and out of responsibility for what is sure to fail. (As it did with NuScale in Idaho last fall.) And the money is taking away from cheaper, proven true renewables - solar, wind and battery storage.

This bill allows two power companies, American Electric Power and Dominion Energy Virginia, to recover the development costs of small modular reactor projects through a rate adjustment (RATE INCREASE). Customers would be financing and assuming all the risks of developing and constructing a small modular reactor facility, EVEN IF IT NEVER PRODUCES A SINGLE WATT OF ELECTRICITY! Rate payers and tax payers in general are already burdened with subsidizing the nuclear industry and please do not add this financial risk to the residents of the Commonwealth. Please vote NO on HB 1323.

This bill is an assault on the electric rate payers of Virginia. There is NO good reason to bill the risk of nuclear power plants to ratepayers except to give a boondoggle to the nuclear power industry. Please do not vote for this bill.

I am commenting to oppose HB 1323 which would permit American Electric Power and Dominion Energy to recover costs from small modular nuclear reactor development. This bill would force us ratepayers to finance SMRs. We never wanted these projects in the first place because we know how dangerous, how dirty and how expensive they are! NuScale, the only SMR to receive preliminary design approval from the Nuclear Regulatory Commission, was canceled one week after Governor Youngkin’s heralded announcement of the “Data Ridge project” in Wise County, Virginia, which he has proposed to power with SMRs. The NuScale failure came, according to Reuters, despite $600 million in grants the U.S. Department of Energy spent on development of the NuScale SMR, and $1.35 billion more pre-approved for NuScale over the next 10 years! According to the nuclear-friendly Breakthrough Institute, “These developments suggest that current efforts are unlikely to be sufficient to deliver on the promise of advanced nuclear energy.” Delegate Marshall's bill would force Virginia residents to carry the risk of a nuclear project that's risky in every way- from the environment to the economy. We should never expose the Commonwealth’s residential, commercial, and industrial ratepayers to such extraordinary financial risk. Please vote No on HB 1323.

Comments Document

HB 1323 would permit American Electric Power (Appalachian Power) and Dominion Energy Virginia to petition the SCC at any time to recover SMR project development costs. These utilities may seek to recover SMR project development costs along separate development phases from customers prior to any approval or commercial operation of any such SMR facility. This bill would throw the door wide open for utilities to recoup development costs for small modular nuclear reactors (SMRs), which may never be constructed or deliver even one Watt. HB 1323 is a desperate attempt to force Virginia ratepayers to become nuclear project financiers. If SMRs are such a great idea, let utility executives and stockholders take the risk of implementing this so-called “advanced” nuclear technology. NuScale, the only SMR to receive preliminary design approval from the Nuclear Regulatory Commission, was canceled one week after Governor Youngkin’s heralded announcement of the “Data Ridge project” in Wise County, Virginia, which he has proposed to power with SMRs. The NuScale failure came, according to Reuters, despite $600 million in grants the U.S. Department of Energy spent on development of the NuScale SMR, and $1.35 billion more pre-approved for NuScale over the next 10 years! According to nuclear energy-friendly Breakthrough Institute, "These developments suggest that current efforts are unlikely to be sufficient to deliver on the promise of advanced nuclear energy.” Del. Marshall is carrying a bill that would likely force Virginia citizens to carry the risk for any SMR project that Dominion Energy or Appalachian Power (AEP) might decide to investigate building. We should never expose the Commonwealth’s residential, commercial, and industrial ratepayers to such extraordinary financial risk. Utilities want to win either way by scooping up front-end federal and state subsidies, then forcing ratepayers, as they have in the past (like the $600 million “recovered” from Virginians for the failed North Anna #3), to take the risks and pay even if a nuclear plant is never completed. Please vote ”NO” on HB 1323 before it saddles Virginians upon an extravagant quarter horse which runs up the bills, but fails to make the distance to cross the finish line.