DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE CONCURRENT RESOLUTION NO. 18

CREATING A TASK FORCE TO STUDY NUCLEAR ENERGY IN DELAWARE.

WHEREAS, Delaware imported 6,300,000 megawatt-hours (MWh) of electricity in 2023, demonstrating a reliance on external power sources; and

WHEREAS, the operation of just three 250 Megawatt Small Modular Reactors (SMRs) at a 95% capacity factor could eliminate the need for electricity imports, enhancing Delaware’s energy independence; and

WHEREAS, regional and federal energy agencies have warned of an impending electricity reliability crisis as baseload power plants are retired without dependable replacements; and

WHEREAS, Delmarva Power currently struggles to purchase enough Renewable Energy Credits (RECs) to meet its Renewable Portfolio Standard (RPS) obligations and has instead relied on Alternative Compliance Payments (ACPs); and

WHEREAS, the U.S. Department of Energy is evaluating 300 closed coal-fired plants, including the Indian River facility, as potential sites for SMR installation, presenting an opportunity for Delaware to participate in the national nuclear energy transition; and

WHEREAS, SMR facilities are expected to last 80 to 100 years, as many as four times longer than any source of renewable energy production; and

WHEREAS, SMRs are anticipated to become a routine part of the energy mix by the 2030s; and

WHEREAS, legislative action would be required to establish nuclear energy credits (NECs) similar to RECs and to create a regulatory process for Public Service Commission oversight of SMR project approval and pricing; and

WHEREAS, the development of SMRs would provide Delaware with stable electricity prices, zero carbon dioxide emissions, and an energy source that meets the state’s Climate Action Plan goals while ensuring reliability; and

WHEREAS, establishing a robust and reliable energy infrastructure may attract data centers and artificial intelligence firms to Delaware, contributing to economic growth and job creation.

NOW, THEREFORE:

BE IT RESOLVED by the Senate of the 153 ^rd General Assembly, the House of Representatives concurring therein, that the Delaware Nuclear Energy Feasibility Task Force is hereby established.

BE IT FURTHER RESOLVED that the Task Force is composed of 25 members as follows:

(1) A State Senator from the Majority Caucus, appointed by the President Pro Tempore of the Senate, who shall service as Co-Chair of the Task Force.

(2) A State Representative from the Majority Caucus, appointed by the Speaker of the House of Representatives, who shall serve as Co-Chair of the Task Force.

(3) A State Senator from the Minority Caucus, appointed by the President Pro Tempore of the Senate.

(4) A State Representative from the Minority Caucus, appointed by the Speaker of the House of Representatives.

(5) Thirteen members serving by virtue of position, or a designee appointed by the member, as follows:

a. The Secretary of Delaware Department of Natural Resources and Environmental Control.

b. The Secretary of Delaware Department of Health and Social Services.

c. The Director of the Office of State Planning Coordination.

d. The Director of Delaware Emergency Management Agency.

e. The Director of the Public Service Commission.

f. The Public Advocate.

g. The Chair of the Governor's Energy Advisory Council.

h. The Executive Director of the Delaware League of Local Governments.

i. The Chair of the Delaware Workforce Development Board.

j. The Chair of the Justice 40 Oversight Committee.

k. The President of Delmarva Power.

l. The President of Delaware Electric Cooperative.

m. The President of Delaware Municipal Electric Corporation.

(6) Eight members appointed by the Governor:

a. An expert in energy production, transmission, or distribution, preferably from a company experienced in nuclear power or grid management.

b. A professional in environmental science, sustainability, or climate policy.

c. Three leaders from Delaware’s business sector, one from each county, such as a Chamber of Commerce representative or an executive from an energy-intensive industry.

d. A representative from a trade union, technical college, or workforce training organization specializing in energy sector jobs.

e. A faculty member from a Delaware university with expertise in nuclear engineering, energy policy, or sustainability.

f. A representative from a consumer protection organization or public advocacy group.

BE IT FURTHER RESOLVED that a member serving by virtue of position who is granted the ability to designate another individual to attend a Task Force meeting must provide the designation in writing to the Task Force co-chairs. An individual attending a meeting for a member service by virtue of position has the same duties and rights as the member serving by virtue of position.

BE IT FURTHER RESOLVED that the Task Force study and report its findings and recommendations on at least the following topics:

(1) Assess the technical and logistical feasibility of deploying Small Modular Reactors (SMRs) in Delaware, including identifying suitable locations, evaluating existing energy infrastructure, and determining necessary upgrades for grid integration.

(2) Analyze the long-term economic benefits and costs of SMR deployment, comparing nuclear energy pricing to other energy sources, evaluating job creation potential, and assessing local economic impacts.

(3) Examine how SMRs can enhance Delaware’s energy independence, reduce reliance on electricity imports, stabilize pricing, and provide reliable baseload power compared to intermittent renewable energy sources.

(4) Identify necessary changes to Delaware’s laws and regulations to facilitate SMR development, review federal and state permitting requirements, and explore strategies to include nuclear energy in the energy mix for Delaware, including but not limited to, nuclear energy credits and clean energy standards or requirements.

(5) Assess the environmental benefits and potential risks of SMR deployment, including its ability to reduce carbon emissions, its environmental footprint compared to other energy sources, and public health concerns related to safety, waste disposal, and emergency preparedness.

BE IT FURTHER RESOLVED that the co-chairs are responsible for guiding the administration of the Task Force by, at a minimum, doing all of the following:

(1) Supervising the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports of the Task Force.

(2) Setting a date, time, and place for the initial organizational meeting.

(3) Sending to the Director of the Division of Legislative Services, after the first meeting of the Task Force, a list of the members of the Task Force and the person who appointed them, and providing notice of any changes in the make up of the Task Force to the Director of Legislative Services.

(4) Providing meeting notices, agendas, and minutes to the Director of Legislative Services.

(5) Ensuring that the final report of the Task Force is submitted to all members of the General Assembly, the Governor, the Director and the Librarian of Legislative Services, and the Delaware Public Archives.

BE IT FURTHER RESOLVED that a quorum of the Task Force is a majority of its members.

BE IT FURTHER RESOLVED that:

(1) Official action by the Task Force, including making findings and recommendations, requires the approval of a majority of the Task Force in attendance at a meeting when quorum is present.

(2) The Task Force may adopt rules necessary for its operation. If the Task Force does not adopt rules or if the adopted rules do not govern a given situation, Mason’s Manual of Legislative Procedure s controls.

(3) The Task Force may invite individuals with relevant expertise to participate in the Task Force discussions.

BE IT FURTHER RESOLVED that the General Assembly is responsible for providing reasonable and necessary support staff and materials for the Task Force to carry out its mission.

BE IT FURTHER RESOLVED that the co-chairs, with the assistance of staff assigned to the Task Force, must compile a report containing a summary of the Task Force’s work regarding the issues assigned to it under this Joint Resolution, including any findings and recommendations, and submit the report to the General Assembly, the Governor, and the Director and Librarian of Legislative Services no later than December 31, 2025.

SYNOPSIS

This resolution establishes the Delaware Nuclear Energy Feasibility Task Force to examine the feasibility, economic impact, regulatory considerations, energy reliability, and environmental implications of deploying Small Modular Reactors (SMRs) in Delaware.

Author: Senator Richardson