Outlook for Nuclear Legislation Key Developments in the

Outlook for Nuclear Legislation: Key Developments in the Obama Administration and Congress NEI Lawyers Committee Meeting March 7, 2011 Elizabeth Moeller Public Policy Practice Group Leader, Pillsbury Winthrop Shaw Pittman

Overview Obama Administration: Countdown to 2012 Elections – Move to the center and progress for nuclear – Exodus – Nuclear winners and losers in FY 2012 Budget Key Leaders in the U. S. Senate and U. S. House of Representatives: Left, Right and New Outlook for Top Nuclear Issues – – Energy and Environmental Legislation Budget and appropriations

Obama Administration 2011: Nuclear Reboot Exodus and New Players – The White House Energy and Nuclear Czar Carol Browner bids adieu Hello Bill Daley – Department of Energy Undersecretary Cathy Zoi, Chief of Staff Rod O’Connor, General Counsel Scott Harris Deputy General Counsel for Environment and Nuclear Programs Sean Lev steps into the position of Acting General Counsel – NRC – Environmental Protection Agency (EPA): regulatory train wreck

Obama Budget for FY 2012: The Good News DOE Budget – Nuclear energy’s portion of the DOE’s $29. 5 billion budget is $853 million, down $5 million from the actual FY 2010 appropriation Loan guarantees – President Proposes $36 billion for nuclear loan guarantees – Combined with existing $18. 5 in authorizations, this would be enough to support six to eight nuclear power projects seeing the construction of nine to 13 new nuclear reactors Nuclear Energy R & D – Includes a $97 million request to support research into small modular nuclear reactors

Obama Budget for FY 2012: The Not-So-Good News NRC: Proposed budget is $1. 04 billion, $28. 7 million below the actual 2010 budget. – The budget for operating reactors was cut by $20. 5 million, reflecting a reduced demand for licensing activities – The budget for new reactors would increase by $12. 5 million in anticipation of ongoing licensing activities for applications for combined construction and operation licenses and early site permits But what about Yucca? – Finance for a high-level waste repository remains at zero – There is a slight increase of $8. 3 million for materials and safety for non-high level waste due to increased used fuel and transportation activities The President Proposes; Congress Disposes

U. S. Senate Key Senators – Senate Leadership – Senate Shifts Key Committees – Senate Energy and Natural Resources – Senate Energy and Public Works – Senate Appropriations

Left, Right, and New: U. S. Senate Energy and Natural Resources Committee: Jeff Bingaman, Chairman Ron Wyden, Oregon Tim Johnson, South Dakota Mary L. Landrieu, Louisiana Maria Cantwell, Washington Bernard Sanders, Vermont Debbie Stabenow, Michigan Mark Udall, Colorado Jeanne Shaheen, New Hampshire Al Franken, Minnesota Joe Manchin, III, West Virginia Christopher A. Coons, Delaware Lisa Murkowski, Ranking, Alaska Richard Burr, North Carolina John Barrasso, Wyoming James E. Risch, Idaho Mike Lee, Utah Rand Paul, Kentucky Dan Coats, Indiana Rob Portman, Ohio John Hoeven, North Dakota Bob Corker, Tennessee

U. S. House of Representatives Key Members Key Committees: – House Energy and Commerce – House Oversight and Investigations – House Appropriations

2011 Outlook for Key Nuclear Issues Energy and Environmental Legislation – Focus on national security and strategic energy independence Budget and Appropriations – Importance of protecting funding for existing projects – Lively debate and negotiations expected to continue