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Volume

74

Abstract

Nuclear power is a topic which many feel strongly about. Unfortunately, much of the information present in public discourse is a product of fear, misinformation, and a general lack of understanding regarding what nuclear power is and does. This note seeks to clear up the murky waters of the topic by presenting some basic factual information contrary to common misconceptions while also seeking to argue, in light of this information, that Congress should, and currently has the power to, prevent states from prohibiting the use of nuclear power. Congress passed the Energy Reorganization Act of 1974 which preempts the field in accordance with preemption doctrine, and Congress also has other methods through which it could encourage nuclear power use such as taxation. Congress should encourage nuclear power because the facts about it are vastly different than the imagined harms rampant in society. Nuclear power is the safest form of energy generation. Nuclear waste is not a problem because it is generated in insignificant quantities, the vast majority of waste will decay within the power plant’s lifetime, the remainder can be very easily and safely stored away, and the transportation of waste presents no risk of problems during transit. Previous nuclear disasters create much of the negative public sentiment against nuclear power, but they are overblown and the details of each of them, aside from Chernobyl, show that they were not truly nuclear disasters at all. Public perception has also been shaped by technology, especially the nuclear missile, but it is a mistake to equate nuclear weaponry with nuclear power. It is necessary for Congress to take action because of growing energy demands coupled with climate change which cannot be simply resolved through use of renewable energy sources. Finally, this note discusses a couple of specific laws that detract from nuclear power which could, and should, be preempted in order to encourage the use of nuclear power. Ultimately, nuclear is a safe, clean, reliable, and ubiquitous power source which is necessary to utilize to meet the growing US energy demands of the near future and which Congress should, or already did, exact control over.

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