HB2802 Summary

• Deletes the prohibition on new nuclear power plant construction in Illinois that required federal approval of high-level nuclear waste disposal technology or specific General Assembly authorization.

• Restricts certificates of public convenience and necessity to public utilities operating in Illinois or companies with fossil fuel-based power generators only.

• Requires the Illinois Commerce Commission to adopt rules by July 1, 2023 for granting certificates for construction, purchase, or lease of small modular nuclear reactors (defined as nuclear reactors with rated capacity of 350 megawatts or less licensed by the U.S. Nuclear Regulatory Commission).

• Rules must address capacity replacement of retiring coal or natural gas facilities, site location considerations, federal licensing requirements, reporting of NRC communications, and prohibition on spent fuel storage without NRC compliance.

• Allows the Commission to adopt emergency rules for small modular reactor certificates and permits qualifying direct current transmission applicants to apply for certificates by December 31, 2023.