By: Lily Wear
Constellation Energy has signed a deal to sell Microsoft power that will all go to a data center powering Microsoft’s AI tool. The deal is set to recommission the Unit 1 reactor at Three Mile Island in Pennsylvania which has been closed since 2019. The Three Mile Island power plant is the site of the most serious accident at a commercial nuclear power plant in U.S. history, which has caused some to be resistant to the plant’s reopening. Increased federal spending and growing public approval, along with the rising demand for energy to support technologies like AI data centers, have spurred the desire for new nuclear power plants and reopening of existing ones.
The United States has an extensive history of using nuclear energy, and U.S. policy has changed along with public sentiment over years. Nuclear energy is highly contentious, as its significant benefits come with substantial risks. The power source emits no greenhouse gas emissions but uses highly toxic chemicals that need to be safely stored after use and is an expensive source of energy. Additionally, historical nuclear disasters like Fukushima, Chernobyl, and Three Mile Island have harmed many through radiation exposure which has created a substantiated fear of the power source.
Despite the existing history of nuclear disasters, in recent years the majority (56%) of Americans favor more nuclear power plants to generate electricity, compared to 43% of Americans favoring them nearly a decade ago. The rise in support for nuclear energy is perhaps driven largely by the rapid rise in popularity of AI and the amount of energy it requires. As an example of how much energy AI powered technology necessitates, AI searches require nearly ten times the amount of electricity to process versus a simple Google search.
Private companies and the government alike have taken notice of this increased energy demand and support for nuclear energy and have taken steps to create more nuclear power by opening new power plants or recommissioning older power plants. President Joe Biden recently signed into law the bipartisan Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (“ADVANCE”) Act to provide a boost for nuclear energy in the U.S. The Act aims to reduce regulatory costs and incentivize investment in nuclear power.
Critics of the bill say that the Act weakens government oversight and puts downwind communities in danger of severe accidents and terrorist attacks. Pennsylvania residents, where Three Mile Island is located, reflect these conflicting opinions about nuclear power. Many are concerned about safety and that taxpayers will bear the cost of reopening the reactor, while local officials say the project will bring jobs and tax dollars into the area. Many locals also remember the 1979 partial nuclear meltdown at the plant vividly and don’t want to see a restart of the plant over fears of a similar accident.
The debate between Microsoft, the power plant, government, and local residents will play out in the near future, as Constellation Energy has yet to obtain key permits from the government, a process which requires a period of public meetings. Although the recent decrease in regulations may ease the process for Microsoft, it is important for them to listen to the comments from the public.
While many see an increase in nuclear power as a solution to meet Americas’ increasing energy needs and climate goals, others have valid concerns. Companies like Microsoft may view switching from fossil fuels to nuclear power as crucial for meeting energy demands and reducing greenhouse gas emissions, prioritizing these benefits over the potential risks and costs of nuclear energy. However, when making this analysis, Microsoft should listen to and consider local concerns about radiation exposure and potential nuclear fallout. It is these communities where the nuclear power plants are to be opened that take on the most acute risks and would experience any potential negative impacts directly.
The push for nuclear energy underscores the challenge of balancing growing energy needs with safety and environmental concerns. While Microsoft and policy makers argue that nuclear power is essential for supporting AI and reducing emissions, local communities face the most significant risks. As efforts to expand nuclear power move forward, it is crucial for companies and the government to address these concerns, particularly in areas directly impacted by these projects. Listening to local voices and considering the potential dangers alongside the benefits will be key to making nuclear energy a sustainable and equitable solution.
Student Bio: Lily is a second-year law student at Suffolk University Law School and a staff member for the Journal of High Technology Law. Lily Received a Bachelor of the Arts Degree in Environmental Science from Trinity College, Connecticut in 2022.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
