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SENATE FLOOR VERSION
February 13, 2025
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 131 By: Burns of the Senate
and
Boles of the House
An Act relating to nuclear energy; defining terms;
requiring certain notice and report to the
Corporation Commission prior to retirement of a coal-
fired electric generation facility; specifying
contents of certain report; requiring issuance of
final order by the Commission for replacement
findings; directing rule promulgation; authorizing an
entity to construct a nuclear power plant under
certain circumstances; requiring entity to establish
secondary facility for certain purpose within certain
postal code; requiring certain entity to submit
letter of intent and application to the Department of
Environmental Quality; establishing application
contents; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 158 of Title 17, unless there is
created a duplication in numbering, reads as follows:
A. As used in this act:
1. “Advanced nuclear reactors” means nuclear reactors,
including small modular reactors or any necessary ancillary
facilities or structures, that are authorized by the United States
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Nuclear Regulatory Commission and the Department of Environmental
Quality as prescribed in Section 2 of this act; and
2. “Retire” means the closure of or the complete and permanent
cessation of operations at an electric generation facility.
B. 1. If an electric utility doing business in this state
elects to retire a coal-fired electric generation facility, the
utility shall submit a written notice and report to the Corporation
Commission, in the form and manner prescribed by the Commission, of
the retirement and disclose any preliminary plans regarding the
replacement of the coal-fired electric generation facility. The
notice and report shall include a cost study of replacement options
for the coal-fired electric generation facility.
2. The electric utility shall prioritize the replacement of the
coal-fired electric generation facility with an advanced nuclear
reactor or a natural gas-powered electric generation facility. If
the utility does not intend to replace the facility with an advanced
nuclear reactor or a natural gas-powered electric generation
facility, the utility shall submit in writing the reasoning and
evidence supporting the findings of the utility. The Corporation
Commission shall issue a final order approving or disapproving the
replacement option submitted for a retiring coal-fired electric
generation facility.
C. If an electric utility intends to establish an advanced
nuclear reactor, either through the retirement of a coal-fired
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electric generation facility or other means, the utility shall
comply with the provisions of Section 2 of this act.
D. The Corporation Commission shall promulgate rules to
effectuate the provisions of this section.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-7-501 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. For the purposes of this section, “qualified entity” or
“entity” means an entity that has complied with federal and state
requirements for constructing a nuclear power plant and has had its
application approved by the Department of Environmental Quality
pursuant to this section. An entity that seeks to construct a
nuclear power plant in this state shall be deemed a qualified entity
under this section provided that the entity follows the regulations
and guidance of the United States Nuclear Regulatory Commission and
is granted the necessary licenses under 10 C.F.R., Part 50.
B. The Department of Environmental Quality and the Corporation
Commission shall promulgate rules in accordance with federal
regulations for the purpose of creating a regulatory environment for
a qualifying entity to construct a nuclear power plant.
C. 1. An entity seeking to construct a nuclear power plant
under this section shall also construct a facility, either at the
plant location or within the same five-digit zip code of the
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proposed plant location, with sufficient capacity to receive the
spent fuel from the plant.
2. An entity seeking to construct a nuclear power plant under
this section shall, in a form to be prescribed by the Department,
submit a letter of intent to construct the plant and facility and an
application for approval of the construction. The application shall
include but not be limited to:
a. the projected dates for beginning and completing
construction,
b. the location of the proposed nuclear power plant and
facility,
c. copies of any applications, correspondence, or forms
submitted in accordance with the requirements of the
United States Nuclear Regulatory Commission,
d. any statistics or information conveying the cost-
effectiveness, efficiency, and energy-saving potential
of the proposed facility, and
e. any other information deemed necessary by the
Department for approval.
D. The Department shall promulgate any rules necessary to
effectuate the provisions of this section.
SECTION 3. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON ENERGY
February 13, 2025 - DO PASS AS AMENDED BY CS