Good Energy Policy Is Technology-Agnostic

On January 6, the Energy, Utilities, and Technology (EUT) Committee of the Maine Legislature debated amendments to a bill that would require the PUC to obtain “informational bids” on small modular reactors (SMRs) for use in Maine. The bill was rejected by the majority and amended to require the Department of Energy Resources to carefully assess the commercial readiness of all emerging energy technologies for use in the State Energy Plan. SMRs are just one of many technically feasible technologies that are not yet commercial. and that list of possibile technologies will change over time as some drop off and others are added. Statutes need to be durable, and the choice of technology-agnostic language is essential. However, the debate in the EUT focused on the inclusion of the word “nuclear” and the presumption on the part of the minority members that SMRs are indeed the frontrunners among emerging technologies. Some might see the majority’s action as driven by anti-nuclear ideology. Nothing could be further from the truth. and taking that view misses a fundamental difference about energy sources in Maine – we are buyers of the output of power plants owned and operated by third parties, which purchase equipment from manufacturers. Here’s why that makes a difference.

There was considerable discussion about the activities of other states and provinces regarding advanced nuclear technology, principally Ontario, New Brunswick, New York, and Tennessee, as if to say, “Why can’t we be like them?” All four have a subsidized state or federally owned utility company whose purpose is to develop and operate power plants. New York has an extensive energy research and development authority that is directly involved in product development. Furthermore, large entities like the Tennessee Valley Authority and Ontario Power Generation have the financial wherewithal and extraordinary subsidies to afford spending $5.5 billion on a 300-megawatt plant from GE-Hitachi.

Maine is a very different animal. We have no state power generation utility, and we prohibit private generation utilities in Maine. When Maine talks about adding new generation technologies to its energy supply mix, it means purchasing electricity from a third-party owner/operator who has bought a commercial power plant to generate it. So, unlike the TVA example, for a GE-Hitachi 300 MW SMR to happen in Maine, GE-Hitachi will have to achieve a commercially viable product that some owner/operator can afford to buy at a price that allows them to supply electricity to the state at competitive rates. GE-Hitachi will have to reduce its current unit price by at least two-thirds for its product to be helpful to any third-party operator. This could be achievable at some point in the future- the question is, how long will it take them to do that?

The questions of who the owner-operator might be and what technology the owner-operator buys to provide electricity to the State apply to all emerging energy technologies, not just SMRs. And there are many potential technologies beyond SMRs, including two types of fusion, wave and tidal marine energy conversion, algae-based biofuels, high-temperature fuel cells, advanced geothermal, microreactors, multiple new energy storage/battery technologies, and advanced solar photovoltaic systems. This is a partial list for early 2026, and it will change over time.

The job of the Department of Energy Resources is not to bet on new technologies or presume winners or losers, but to develop plans and strategies to procure affordable electricity from third parties that meet state goals through comprehensive reviews and analyses of the marketplace. The language approved by the majority of the EUT requires them to do just that.

None of this logic rejects the idea that SMRs may, at some point in the future, be one of the sources for Maine’s energy mix. We do need to acknowledge, though, that SMRs compete with a range of other sources, and the timing of third parties buying and operating SMRs to provide competitively priced electricity is very uncertain.

Rejecting the term “nuclear” in the statute language is therefore an acknowledgement of good policy development that recognizes how product commercialization proceeds among energy technology development, the time it takes for a technically feasible product to become commercially viable, as well as the unique circumstances under which Maine must plan its energy future. That’s not ideology, but good planning and management.

Nuclear Energy Revival Unlikely, Especially in Maine

As reported in a recent article in the Portland Press Herald (“Nuclear power is making a comeback in the U.S. But not in Maine.” 12/1/2024), over the last few months, the media has been abuzz with reports about restarting old nuclear reactors and a growing interest among tech investors in “small modular reactors” (SMRs). While the public might interpret this as a general trend toward nuclear power, restarting older nuclear plants, like Three Mile Island Unit 1, is an entirely different venture from the ambitious efforts of startups attempting to commercialize SMR technologies. And none are viable options for Maine for the next decade, if ever.

Let’s first deal with the restart of old reactors. Most of the operating nuclear plants in the US entered service with costs that far exceeded initial estimates and required substantial upgrade investments to remain operational. Electricity customers were often saddled with these expenses, sometimes even paying for plants long after their owners took them out of service. Just last year, the only new nuclear plant to be commissioned in four decades came online with costs five to ten times higher than acceptable alternatives, a burden that Georgia ratepayers will carry for decades.

Those plants that might be restarted were taken offline because they became too expensive to compete with cheaper alternatives in their respective markets. Their owners have found single customers willing to pay a premium for their electricity, eliminating their need to compete in the marketplace. While avoiding market risk, the plant owners still face the potential of expensive component replacements in the future. Fortunately, plant owners and their contracted electricity purchasers will bear the risk, not utility ratepayers.

SMRs fall into two broad categories: those based on “light water reactor” designs similar to current nuclear plants and those in the “exotic” category, which include molten salt coolants, fuels that contain more fissile isotopes and require higher energy neutron radiation fields. The financial risks of SMRs, borne entirely by private investors, mirror those of most emerging technologies: challenges in securing ongoing investment, failure to complete federal licensing, uneconomic designs, delayed timelines, and, in some cases, products that ultimately fail to perform as needed for competitive market entry.

The Nuclear Regulatory Commission (NRC) website tracks SMR project licensing, offering details on where these companies stand in the licensing process. In the light water SMR category, only one of the four light water developers, NuScale, achieved design certification last year after a 14-year effort. Immediately after certification, The others are far behind, Shortly after getting its design certification, NuScale announced that their projected costs would be far higher than anticipated, making them uneconomic in most markets, and that they were unlikely to deliver units when promised. NuScale’s stock plummeted and earlier this year they laid off a quarter of their staff and shifted its focus to Romania. Assuming NuScale stays afloat, a US operating license for its first product is still at least a decade away. Among the exotic SMR designs, three companies have applied for test reactor construction permits. Test reactors are important, but still very early in the path to an actual licensed economic product. Since the 1950s, about 20 fast reactor test units have operated, but none proved economical. The current administration in Washington has vowed to eliminate IRA subsidies, which potentially make or break whether or not these new technologies will be economic.

As with the older reactors, the financial risks of SMR development, regardless of the technology, fall entirely on the investors rather than on ratepayers. For SMR developers, the most pressing risk is the potential loss of investor backing before reaching viability. The nuclear industry and at least one political lobbying organization have been conducting a public relations campaign to promote the notion that SMRs are on the brink of success, offering low-cost energy solutions. There are two agendas for this message. First, giving the illusion of near-term viability buoys wary investors worried they would never see a payout. The other agenda is that by making SMRs seem imminent, less attention would be paid to clean technologies, thereby enhancing the continued use of fossil fuels.

So what about Maine? Restarting old reactors is out of the question for Maine. For SMRs in the future, three requirements will have to be met. First, an economically competitive and licensed SMR product needs to be available. NuScale is the front-runner, provided it overcomes its financial woes. Still, it is at least a decade away from such a product. The others, including the fast reactor variants, are way behind. The second requirement would be for a non-utility owner-operator to step forward since Maine electric utilities are not allowed to own power plants. Every new commercial nuclear plant built in the US has been utility-owned because they are uniquely positioned to manage the significant financial risk of delay and costs. Finally, since 1985, the construction of any new nuclear reactors in Maine must be approved by a public referendum (Title 35-A §4302).

The recent wave of nuclear promotion, whether restarting old plants or investing in SMR R&D—reflects a renewed push to reframe nuclear as part of a sustainable energy future. However, each path carries distinct risks and benefits. The high operational costs of restarting existing plants are only justifiable if long-term contracts pay them a premium. For SMRs, substantial investment risks fall on private investors hoping for breakthroughs in cost and technology. Both approaches require caution, transparency, and realistic expectations. While nuclear energy may offer potential benefits in terms of clean energy, its viability in the future energy mix depends entirely on whether the financial and operational challenges of each of its various technologies can be overcome. Commercial nuclear power will, therefore, not be part of Maine’s electricity future, and counting on its contribution runs the risk of delaying or deferring affordable and available actions.

Finally, you might note that this is all about commercial viability, economics and market decisions. The collapse of the industry in the US, as well as any future it might have are due to those factors and had little to do with public risk perception, waste disposal or environmental concerns.