HB2205 amends West Virginia law to clarify that the Public Service Commission (PSC) has authority over the certification of advanced small modular and micro nuclear reactors used for electric power generation. The bill expressly allows the PSC, to the extent not preempted by federal law, to issue, deny, issue in part, or modify siting certificates for these facilities under existing provisions governing utility siting and construction approvals.
The bill also gives the PSC authority, again subject to federal law, to issue or deny certificates of convenience and necessity for public utilities seeking to construct advanced small modular and micro nuclear reactors. In addition, it authorizes the PSC to adopt rules needed to implement these powers. In practical terms, the measure is intended to create a clearer state regulatory pathway for microreactor and advanced nuclear development in West Virginia.
Impact
HB2205 would expand and clarify the Public Service Commission’s role in regulating advanced small modular and micro nuclear reactor projects, including siting approvals and utility construction certificates. It affects the state’s utility permitting framework by expressly placing these nuclear generation facilities within the PSC’s certification authority, while preserving limits imposed by federal preemption. The bill primarily impacts utilities, nuclear developers, and state regulators involved in electric generation project approval.
Sentiment
The available voting history suggests generally strong support for the bill, as it passed the House by a wide margin, 90-5. The lack of committee transcript material limits insight into detailed debate, but the vote indicates broad legislative interest in enabling advanced nuclear and microreactor development. Overall, the bill appears to have been viewed favorably as a pro-development and energy-policy measure.
Contention
The main point of potential contention is the scope of state authority versus federal preemption. The bill repeatedly conditions PSC power on consistency with federal law, which suggests sensitivity to whether state regulators can fully control certification of nuclear facilities. Any opposition likely centers on regulatory authority, nuclear safety oversight, or the appropriateness of expanding PSC jurisdiction into advanced nuclear technologies, though the recorded vote shows that such concerns did not prevent passage in the House.