Examining Policies to Counter China

U.S. House Committee on Financial Services

Below is my testimony before the U.S. House Committee on Financial Services on February 25, 2025 in a hearing titled, “Examining Policies to Counter China

Watch Niko’s Opening Remarks
Read Niko’s Full Testimony as Seen Below

Good morning Chairman Hill, Ranking Member Waters, and Members of the Committee. Thank you for the opportunity to address the Committee today on the imperative of American energy dominance around the world to ensure our national security at home and leadership abroad. 

My name is Nicholas McMurray. I am the Managing Director of International and Nuclear Policy at ClearPath, a 501(c)(3) organization that works to accelerate American innovation to reduce global energy emissions. Industry-informed but philanthropically funded, ClearPath runs like a business — we seek out the top private sector innovators, determine the barriers to their success, and help cultivate the environment that allows them to scale up.

The global energy landscape is rapidly evolving, shaped by growing demand, shifting supply chains, and heightened competition among major energy producers. For example, China currently has 57 nuclear reactors in operation and 28 reactors under construction. In contrast, while the U.S. has 94 reactors in operation, it currently does not have any commercial reactors under construction although several of the advanced reactor demonstrations supported by public-private partnerships are close. China also continues to finance and construct large-scale energy infrastructure in nations like Pakistan and Argentina. Nations around the world are seeking more reliable, affordable, and cleaner energy solutions to fuel their economies while breaking dependencies on predatory suppliers like China. This presents a significant opportunity for American energy dominance as U.S. companies lead in innovation across nuclear, natural gas, and other cutting-edge energy technologies. Strategic financing tools and pro-growth policies can help the U.S. strengthen its energy leadership, open new markets and counter adversaries.


The Global Energy Landscape

The world’s energy consumption is at an all-time high. Some estimates show the demand for electricity generation in the U.S. will double by 2050. Similarly, the International Energy Agency (IEA) notes that global energy demand is accelerating its growth rate

American private sector innovation is the key to meeting today’s rising energy demand while ensuring that the U.S. remains the global leader in clean, reliable, and affordable energy solutions. By rapidly scaling the deployment of cutting-edge energy technologies – such as advanced nuclear, clean hydrogen, long-duration storage, and carbon management – the U.S. can drive down costs and establish itself as the premier exporter of these solutions. 

This kind of commitment to innovation extends beyond domestic borders. The U.S. has demonstrated its ability to address international energy challenges. For decades, the European Union (EU) relied heavily on Russian natural gas imports, which grew in share even after the invasion and annexation of Crimea in 2014. In one year, the U.S. surged its Liquified Natural Gas (LNG) exports, driving Russia’s market share in the EU down from 40 percent in 2021 to 8 percent in 2023. The economic opportunity for America’s clean energy innovators is immense, with some estimates suggesting a potential $10 trillion in domestic market and export opportunities reaching $330 billion annually by 2050. More importantly, widespread adoption of these American technologies can strengthen U.S. economic and geopolitical influence while significantly reducing global emissions.

Meeting these historic energy needs at home and abroad demands a strategic approach. While the U.S. remains a leader in key areas like nuclear power operations and energy innovation, America’s competitors are rapidly scaling up their domestic and international investments. China and Russia aggressively expand their influence in global energy markets by financing and constructing large-scale projects, extending their geopolitical reach. Their strategies include nuclear, oil and gas infrastructure, renewable projects, critical minerals, and others that entrench reliance on their state-backed enterprises. For example, in 2024, China started construction on about 94.5 GW of coal capacity, which is just shy of total U.S. nuclear energy capacity. In addition, China also invested $940 billion in clean energy last year. Without a concerted effort to expand American energy production at home and exports abroad, U.S. companies risk being sidelined in rapidly expanding global markets.

The past few years have exposed vulnerabilities in global energy markets, underscoring the need for reliable, market-driven alternatives. Supply chain disruptions from COVID-19, Russia’s invasion of Ukraine, and China’s tightening grip on clean energy supply chains have forced many countries to reassess their energy partnerships. Some nations, such as Finland, have already backed away from Russian projects, and others, from the Philippines to Panama, are seeking alternatives to avoid excessive debt burdens associated with Chinese financing.

China and others have leveraged their financial institutions to provide generous, long-term financing to developing countries, securing energy deals that come with diplomatic strings attached. Russia, for example, has funded a majority of Egypt’s and Bangladesh’s nuclear projects. By offering full-service packages – including financing, construction, and long-term operational support – China and Russia are creating decades-long dependencies on their technologies and fuel supplies. This strategy not only strengthens their economic and political influence but also undermines energy security in regions critical to U.S. interests.

The U.S. can contend by providing competitive financing and export support for diverse energy technologies, ensuring nations seeking long-term energy solutions turn to America over global competitors. U.S. innovators are already leading in these technologies, and while federal support exists, it needs modernization to stay competitive. With the right focus, America can seize this moment.  


Leveling the Playing Field for U.S. Energy Dominance

U.S. government export and development financing plays a pivotal role in advancing America’s strategy for global energy dominance. By providing financial support to expand innovative American energy technologies abroad, agencies like the Export-Import Bank (EXIM) and the U.S. International Development Finance Corporation (DFC) can help solidify U.S. leadership in international energy markets. Working alongside interagency partners at the Departments of Energy, State, Commerce, the U.S. Trade and Development Agency (USTDA) and others to level the playing field for America’s private sector leaders both strengthens U.S. energy security and promotes the adoption of innovative American solutions worldwide.

The U.S. government will not – and should not – attempt to match China dollar-for-yuan in state-backed subsidies. Instead, America must take a more agile and strategic approach, using targeted financing tools to de-risk projects, attract private capital, and create market conditions that empower U.S. innovators and manufacturers to compete and lead globally without relying on government subsidies to prop them up.

Trade and development finance prioritizes investment in infrastructure, manufacturing, energy security, and economic partnerships that benefit both the U.S. and its trading partners. EXIM and DFC provide loans and guarantees that must be repaid, ensuring taxpayer dollars are used efficiently while expanding opportunities for U.S. businesses. This approach creates American jobs, strengthens economic ties, and positions the U.S. as the preferred energy partner for nations seeking reliable, long-term energy solutions.

An interagency effort in 2019 exemplifies the influence that the U.S. has in leveraging its financing agencies to compete with China and advance international American energy dominance. To counter China’s growing influence in Romania’s nuclear sector, the U.S. launched a multi-pronged strategy, including a Department of Energy (DOE) Intergovernmental Agreement and an EXIM Memorandum of Understanding, signaling long–term U.S. commitment. This diplomatic push resulted in the cancellation of China’s negotiations to build Units 3 and 4 of the Cernavoda nuclear plant in Romania – an estimated $7.4 billion project. In 2023, EXIM approved a $57 million loan for pre-construction studies at Cernavoda by Fluor Enterprises, supporting 200 American jobs. Further, EXIM signed a letter of interest for $3 billion towards the deployment of the project, set to be operational by 2031.

In addition to the Cernavoda example, the U.S. is continuing to expand its nuclear financing activity in Eastern Europe. EXIM and DFC expressed letters of interest for multiple projects, including the NuScale small modular reactor (SMR) deployment in Romania, the GE-Hitachi SMRs in Poland as well as the Westinghouse AP1000 nuclear plants in Poland

Beyond nuclear energy, EXIM and DFC are proven valuable tools for exporting American technology abroad. In late 2024, EXIM approved a loan for over $500 million to support a natural gas project in Guyana, which will double the nation’s installed electricity capacity, drive an annual emissions reduction of over 460,000 tons of carbon dioxide and generate 1,500 American jobs. In the same year, DFC committed $126 million to a 31 MW geothermal plant in Indonesia with the U.S.-based Ormat Technologies as a part owner and developer. Additionally, both agencies are working to diversify and secure critical minerals supply chains, reducing reliance on China.

These efforts highlight the strategic value of sustained U.S. financial engagement in building energy partnerships, advancing U.S. clean energy technologies and countering adversarial influence across the globe. And these aren’t handouts, they are commercially oriented efforts that earn a return on investment – $80 million back to taxpayers in 2024.


Sharpening America’s Toolkit

Both the EXIM Bank and DFC are due for reauthorization this Congress, creating a prime opportunity to sharpen and enhance America’s foreign policy toolkit to benefit U.S. national, economic, and energy security. Other countries are bringing enormous resources to bear in an effort to dominate global energy markets, which requires the U.S. to be more agile and strategic in order to advance its long-term goals.

As America’s official export credit agency (ECA), EXIM is one of the best tools for increasing export competitiveness. An increasingly competitive trade finance landscape has transformed ECAs worldwide from lenders of last resort into proactive partners, building capacity and creating business opportunities for their domestic exporters. This shift is largely aimed at countering China’s non-market tactics, designed to eliminate competition in strategic markets and control geostrategic supply chains such as clean energy. China offers financing at favorable terms and conditions non-compliant with the Organization for Economic Cooperation and Development (OECD) Arrangement on Export Credit and Trade Related Support, which binds nations like the U.S. to acceptable terms for global trade. While China’s practices are a primary concern, other countries have already begun adapting their ECA policies to promote domestic industries, underscoring the potential for EXIM to set the pace in modernizing trade finance and reassert American global leadership.

While EXIM has made strides in the energy sector, its current capabilities limit the Bank from achieving energy dominance. Not only is China offering significantly higher levels of overall export credit than the U.S., but it is also shifting from its use of export credit to financing from state-owned commercial banks. This poses an issue as these forms of financing are often more covert and difficult for the U.S. to track and compete against. Strategically tailored reforms can position the U.S. to advance national interests by improving its global export competition in critical sectors. The following recommendations outline key opportunities to bolster U.S. energy leadership and domestic jobs while enhancing energy security in partner countries:

  1. Create a National Interest Account (NIA): 

EXIM’s current mandate does not account for the geostrategic value of investments, but Congress can fix this by creating a National Interest Account that prioritizes projects related to U.S. national interests. An NIA would cement EXIM’s role in the Trump Administration’s America First Trade Policy by leveling the playing field for U.S. companies against countries who already use similar tools to work against American interests and American businesses.

  1. Expand the China & Transformational Exports Program (CTEP): 

The CTEP program, created in 2019, was a strong first step to countering Chinese influence over advanced technologies. The NIA could prioritize similar technology areas while expanding beyond a narrow focus on renewables to support a balanced strategy for clean energy technologies such as nuclear energy, carbon management, clean manufacturing and grid infrastructure to reinforce an all-of-the-above energy dominance approach. 

  1. Default Rate Cap Exclusion for Nuclear Projects:

EXIM’s current 2% default rate cap is a unique requirement placed on the Bank that other countries do not face and discourages EXIM’s staff from meeting congressional mandates. Modifying the cap to support high capital costs technologies, like nuclear energy, would align the Bank with OECD norms and provide flexibility. This requirement, created over a decade ago and linked to an outdated lending limit, is an unnecessary obstacle. 

  1. Reinforce the U.S. Jobs Mandate: 

EXIM’s current standard to support its jobs mandate has not changed significantly since 1987 and is internal policy rather than Congressionally directed. In a memo to the Board, EXIM reported that its current standard was the largest obstacle to the Bank’s competitiveness and that it was the least flexible policy among all ECAs globally. To account for globalized supply chains, Congress could authorize a forward-looking metric to modernize EXIM’s mission to support U.S. jobs through exports. This incentivizes companies with globalized supply chains to shift to U.S. exporters in strategic industries.

  1. Bolster Domestic Manufacturing: 

EXIM’s Make More In America Initiative (MMIA) finances export-oriented U.S. manufacturers. This unique financing tool builds manufacturing capacity while working to improve America’s trade position. With a clear tie to national interests, reauthorization could codify and strengthen the MMIA by including it in the NIA. Building domestic industrial strength in strategic areas like critical minerals could allow U.S. clean energy manufacturers to establish a leadership stake in securing supply chains.

  1. Modernize the Mission: 

EXIM could update its mission to support American jobs and advance U.S. national interests. EXIM’s U.S. jobs mandate remains critically important and could be reinforced with the recommendation above. However, an additional provision to consider national interests could strengthen the Bank’s direction to proactively develop a project pipeline aligned with U.S. national security objectives, fostering a clear understanding that global competitiveness is a core priority.

EXIM’s 2026 reauthorization is a crucial opportunity to strengthen the Bank’s ability to compete and advance American national interests. However, in the short term, Congress can work with the Administration to confirm at least two additional board members to restore the Bank’s quorum. Without a board quorum, EXIM cannot approve transactions over $25 million, hindering its ability to support American businesses competing in the global marketplace. The consequences of a non-functioning EXIM are significant, particularly when we consider the economic opportunities and job growth potential lost between 2015 and 2019 when the Board last lacked a quorum. During the three full fiscal years (FY 2016-2018) when EXIM lacked a quorum, it supported only 125,000 U.S. jobs and $22 billion in U.S. export sales. In contrast, during the three prior fiscal years when EXIM was fully operational, it supported 624,000 U.S. jobs and $115 billion in U.S. export sales. This highlights the stark difference a fully functioning EXIM can make for American businesses and workers.

It is crucial that the Bank signals its long-term reliability and commitment to supporting American businesses, especially as it looks ahead to its 2026 reauthorization. A fully operational EXIM is not just good for business; it’s good for America. It supports American jobs, strengthens our manufacturing base, and enhances our competitiveness in the global economy. It is important the President and Senate prioritize filling the vacant EXIM Board seats and restoring its quorum without delay.

Finally, the DFC – created during the first Trump Administration – already established itself as a key player in the United States’ national interests for global energy leadership and in countering China. The DFC has already made notable geostrategic clean energy investments and in 2020, removed its moratorium on funding nuclear energy projects. Through DFC’s reauthorization this year, Congress has the opportunity to make targeted, critical improvements to further enhance DFC’s capabilities and efficiency, including 1) fixing the current budgetary scoring system DFC’s equity stakes; 2) increasing the DFC’s lending authority to provide the financial flexibility needed to engage in large-scale energy infrastructure projects; 3) and broadening the DFC’s country eligibility criteria to invest in more strategically significant countries and regions, aligning with U.S. foreign policy objectives.


Aligning International Financial Institutions with U.S. Foreign Policy  

International Financial Institutions (IFIs) like the World Bank also have a critical role to play in advancing firm, clean, and affordable energy infrastructure worldwide. Yet, they have been slow to align their financing with both energy security and geopolitical realities. These institutions were originally designed to support economic development and stability, but their outdated policies – including self-imposed restrictions on financing nuclear power and other firm energy sources – have left a gap that China has eagerly exploited. Over the past decade, China has dominated energy project financing, investing more than all major Western-backed development banks combined

Without reform, IFIs risk becoming passive enablers of China’s broader geopolitical strategy to make developing countries dependent on Chinese technology and supply chains. To prevent this, the U.S. should push for reforms at IFIs not only to lift restrictions on nuclear energy financing but also to pursue broader procurement reforms that are essential to ensuring U.S. companies – not just Chinese state-backed firms – can compete fairly for IFI-backed energy projects. The United States, as a leading shareholder in these institutions, has the influence to drive these reforms. A more assertive U.S. approach would not only counter China’s intentions but also ensure that developing nations have access to a wider range of market-driven, secure, and clean energy solutions that align with American national security interests.

Additionally, the Chinese Communist Party continues to benefit from developing nation status at the World Bank, amongst other international institutions, despite running the world’s second-largest economy. Due to this status, China continues to receive over one billion in World Bank financing each year, which would be better used to contribute to economically developing democracies

Another near-term step that Congress and the Administration can take is to establish a Nuclear Energy Trust Fund at the World Bank. The World Bank is one of the largest funders of energy infrastructure in the developing world, with an active portfolio of roughly $40 billion active projects in energy and extractives. The Bank is also an advisor to developing countries working to select partners and technologies. Despite this, the World Bank has no nuclear energy expertise and, by internal policy, refuses to build internal capacity. Russia and China have filled this role by exporting reactors with exploitive state-backed financing. Trust Funds are managed by the World Bank on behalf of funding partners, and complement core activities of the Bank. A Nuclear Energy Trust Fund would build analytical capacity to assess the viability of nuclear projects in Bank shareholder countries, giving the Bank expertise it could tap into when requested.

The global demand for nuclear energy is intensifying as countries aim to meet rising energy needs while curbing emissions. Over 30 countries have committed to tripling nuclear power. Relatedly, 14 major banks support this goal. To meet this interest, the World Bank needs to modernize its stance on nuclear energy, starting with building internal expertise that will allow the Bank to provide advisory services and assess nuclear projects. A trust fund could be the first step toward the Bank supporting nuclear energy, opening a major new financing source for U.S. companies looking to export, and providing objective expertise to buyer countries as they evaluate technology options.


American Innovation Will Power the Administration’s Goals

The Trump Administration has a bold vision for a reindustrialized America that leads the world in everything from manufacturing to AI. As energy-intensive industries grow, so too will the demand for power — a trend already evident nationwide. To meet this ambitious agenda, the nation must prioritize developing abundant, reliable, and affordable energy. This means building on longstanding leadership in traditional energy sources like natural gas, while also expanding into new energy technologies. American expertise in oil & gas sectors can be leveraged to capitalize on burgeoning opportunities in LNG, geothermal, and carbon capture, driving significant economic gains. The U.S. will also need to build out supply chains to match this ambition, ensuring that whatever next-generation technologies succeed, whether nuclear fission, fusion, geothermal, long-duration batteries, or anything else, that they will be made here in America.

America’s greatest asset is its unmatched capacity to innovate. The U.S. is home to a vibrant private industry aiming to demonstrate market-competitive advanced technologies. Tech companies like Google, Amazon, Microsoft and Meta signaled this commitment through major nuclear energy investments, complemented by groundbreaking geothermal technologies from companies like Sage Geosystems and Fervo Energy. Furthermore, Form Energy’s iron-air battery project in Maine is set to deliver the highest energy capacity of any battery system in the world.

At ClearPath, we believe in markets over mandates. But in order to achieve energy dominance, the government must provide a predictable environment for developers — one where long-term, stable policy frameworks help unlock private investment. Congress has made significant efforts to modernize permitting at Agencies like the Nuclear Regulatory Commission, and at a broader scale through changes to the National Environmental Policy Act (NEPA) in the Fiscal Responsibility Act. These efforts should increase investor confidence by creating clear and consistent pathways to market. 

Additionally, the government has provided support to the private sector through targeted tax credits and demonstration programs like those created by the first Trump Administration under the Energy Act of 2020. These programs provide financial stability and encourage the ​​scaling of new technologies like nuclear, carbon capture, geothermal, and more that can deliver reliability, affordability, and substantial emissions reductions. Maintaining an all of the above approach to supporting new technologies is necessary to ensure American energy dominance, which is fundamental to our national security but also to the Administration’s goal of reindustrializing American industry. The work of this Committee will be critical to providing certainty and predictability for companies seeking to raise capital and compete on a global stage.


Conclusion

The scale and urgency of building new energy infrastructure to meet America’s growing demand and strengthen our energy leadership globally requires bold action. The U.S. must focus on making these technologies here and selling them abroad. Ensuring American leadership in energy means having financial tools that are properly designed for U.S. companies to compete with aggressive state-backed financing from China and Russia.

Congress has a unique opportunity to strengthen American solutions by advancing commonsense policies, including modernizing development and export financing to support nuclear, LNG, and other critical energy technologies that align with our strategic national interests. By advancing smart reforms, the U.S. can unlock private-sector investment, reduce reliance on adversarial nations, and reinforce its role as the world’s energy leader.

ClearPath looks forward to working with this Committee to advance these priorities, and I look forward to today’s discussion.

Improving the Federal Environmental Review and Permitting Processes

U.S. Senate Committee on Environment and Public Works

Below is my testimony before the U.S. Senate Committee on Environment and Public Works on February 19, 2025 in a hearing titled, “Improving the Federal Environmental Review and Permitting Processes

Watch Jeremy’s Opening Remarks
Read Jeremy’s Full Testimony as Seen Below

Good morning, Chairman Capito, Ranking Member Whitehouse, and members of the committee. Thank you for the opportunity to testify and for holding this important hearing. 

My name is Jeremy Harrell. I am the Chief Executive Officer of ClearPath, a 501(c)(3) organization that works to accelerate American innovation to reduce global energy emissions. Industry-informed but philanthropically funded, ClearPath runs like a business — we seek out the top private sector innovators, determine the barriers to their success, and help cultivate the environment that allows them to scale up. 

The United States faces intense global competition, especially in the energy sector. Adversaries like China and Russia are deploying hundreds of billions of dollars around the world to advance their geostrategic interests, with the goal of controlling the sector and connected supply chains. There is real uncertainty as to whether the U.S. will be able to effectively counter these efforts, and our current permitting regime is often cited as a major factor. Regulatory unpredictability is the single largest barrier to meeting energy, climate and economic development goals at the federal, state, and local levels.

Unmovable bureaucratic obstacles cause delays at every stage of project development. Whether it is federal permitting, lawsuits, or local opposition, there are numerous challenges to moving projects forward. These challenges are present in every infrastructure sector of the economy, from energy to housing to transportation projects. 

This challenge must be overcome for the U.S. to meet its domestic energy needs and beat the competition for resources and technology. America is at the dawn of a new age of unprecedented   energy demand fueled by robust economic growth, a revival of American manufacturing, strong advances in artificial intelligence (AI), and quantum computing. These developments have presented new challenges for the future yet offer immense opportunities for America to build big things as we once did. 

For example, over $200 billion has been invested in clean manufacturing since 2022, creating over 200,000 jobs, primarily in Republican districts. Meanwhile, the Chips and Science Act combined with regulatory reforms have supported an expected tripling of semiconductor manufacturing by 2032. Recent projects show the AI race may more than triple data center capacity this decade. Major technology companies have redoubled their efforts to deploy clean 24/7 energy to meet their needs, with the likes of Alphabet, Amazon, and Microsoft all announcing orders for advanced nuclear reactors. Large energy users from a wide variety of sectors have similarly made commitments to support innovative energy resources. These also include large manufacturing companies like Cummings, Dow and Nucor, which have each committed to develop first-of-a-kind projects for emerging technologies – like advanced nuclear, next-generation geothermal, clean hydrogen, and long-duration energy storage (LDES). These types of corporate commitments are essential to “build the order book” to commercialize new technologies. Realizing these tremendous opportunities for economic growth, decarbonization, and strategic geopolitical advantage all hinge on America’s ability to build infrastructure at a rate that is significantly faster than today.

The need for new sources of reliable and affordable energy is urgent. The technologies are ready, but they will not be built if they cannot secure permits on a predictable, expeditious timeline. 

In the final days of the 118th Congress, members of this Committee worked closely with members in the House and Senate in an effort to find a compromise on the Energy Permitting Reform Act (EPRA) led by former Senator Joe Manchin (I-WV) and Senator John Barrasso (R-WY). While that bill did not make it across the finish line, I remain hopeful that this Committee will be able to build on those recent bipartisan discussions in the months ahead. Today’s hearing sends a strong signal that permit reform remains a bipartisan priority, and it is my hope that this hearing is the first step to passing bipartisan legislation this Congress.

My testimony will address several of the underlying issues that necessitate “step-change” reforms to America’s permitting system. 

The nation’s permitting system should demand accountability and promote good outcomes – balancing speed and safety by:


The Infrastructure Challenge has Arrived

Building enough energy infrastructure has become more urgent in the face of skyrocketing demand growth. The North American Reliability Corporation (NERC) finds that annual demand growth rates are nearly double those of the last decade, when roughly three projects were added to the grid per day. Meeting this demand growth may necessitate building approximately six projects per day or 16,000 facilities by 2035. This could equate to doubling the grid’s current capacity by adding as much as 1,300 gigawatts of new energy by 2035.  The U.S. will need an  “all-of-the-above” push to meet that need with new nuclear, lower-emission natural gas and coal, geothermal, wind, solar, and hydropower generation and new grid infrastructure. 

The geographic spread of new manufacturing, data centers, and other electric-intensive industries may be concentrated in a few regions. However, reliably serving these customers and maintaining grid reliability at the lowest cost may require broader network upgrades and deployments.  And while past periods of projected demand growth from data centers did not materialize due to efficiency gains, America’s national security and economic competitiveness cannot afford to have a permitting regime that flouts the significant project demand growth, especially from efficient AI.

Absent a thorough overhaul of the current permitting system, meeting the expected pace of  demand growth will be practically impossible. Connecting new generation assets to the grid will also require significant expansions of electric transmission, natural gas, and carbon dioxide pipeline infrastructure, which will face regulatory, permitting, and litigation challenges.

A looming transmission shortage poses a direct threat to America’s energy security. Many areas of the country are already experiencing insufficient transmission capacity. This shortage has immediate ramifications, meaning that manufacturing, data centers, and the power sources they need are stuck waiting before they can begin operating. Innovative grid technologies, like advanced conductors, can unlock more capacity on existing lines, and thus, permitting new lines will be absolutely necessary. American workers, businesses, and clean energy innovators cannot delay investments to accommodate a NEPA process that takes 4.3 years on average from the Notice of Intent to a Record of Decision for an Environmental Impact Statement for electrical transmission projects and litigation that is resolved in the projects favor in 88% of cases

Permitting delays are already presenting a growing reliability crisis for the power sector. The importance of natural gas infrastructure to grid reliability and affordability cannot be overstated. Natural gas provides 44% of U.S. electricity needs and has simultaneously delivered significant U.S. emissions reductions since 2005. Yet, opposition of some states to the development of pipelines has contributed to blackouts during winter storms in recent years and has led to states in the Northeast relying on the highest emitting sources of energy, like fuel oil, to keep the lights on when natural gas supplies are artificially constrained. A December 2022 cold-snap caused the region to “burn more oil for electricity on a single day during…than they have in four years.” The reliance on fuel oil remains a policy choice due to natural gas supply constraints ingrained in the current permitting system.

Today, the U.S. has more than 5,300 miles of carbon pipelines across the nation. This is a small fraction of the Department of Energy’s recent estimates that the U.S. will need 30,000 – 96,000 miles of these pipelines by 2050. While that number may seem daunting, this is just a fraction of the existing 3 million miles of oil and gas pipeline infrastructure that go unnoticed every day.

The U.S., along with 30 other countries and 14 major financial institutions, has committed to tripling global nuclear capacity. This could amount to as many as 200 additional GW in the U.S. grid by 2050 in addition to keeping our current fleet operational. This equates to upward of 1,000 new reactors, depending on size. In order to meet this scale of deployment, the pathway between the order announcements of today and power on the grid tomorrow hinges on Congressional action. In the near term, it is essential that the Nuclear Regulatory Commission (NRC) implements the act in an effective, efficient manner and updates the way that it does project reviews to ensure that the U.S. adds more nuclear energy to the grid in a timely manner. 

Never has the phrase “time is money” been more appropriate. Regulatory delays, in some cases, that can last nearly a decade are making projects more expensive, and impeding our ability to deploy billions of dollars of capital that would create American jobs, enhance U.S. energy security, keep consumer costs affordable, and reduce emissions. 

In the final week of the Biden Administration, the Council on Environmental Quality (CEQ) published data showing that the median EIS completion time, under the National Environmental Policy Act (NEPA), between 2021 and 2024 was 2.4 years, compared to 3.1 years from 2017 to 2020. When comparing 10-year averages from 2025-2015 and 2020-2010, permitting timelines remain unchanged, underscoring the insufficiency of incremental reforms.  

However, 34% of projects undergoing an EIS took more than five years to reach a Record of Decision, highlighting the continued unpredictability of this process. Many of the projects facing the longest review timelines have the greatest potential benefits to the United States in reduced energy costs, enhanced energy independence, increased economic opportunity, and lower global emissions. 

The combination of permitting delays and politically charged decisions has disrupted our ability to build. As a result, it can now take more than three years to permit carbon dioxide storage wells from industrial sites in Illinois to California, 13 years to permit a critical minerals project in Minnesota, and up to 15 years for a new transmission line from Wyoming to Utah. Beyond those specific examples, the U.S. needs a system that ensures timely approvals of new LNG terminals as well as any necessary interstate natural gas pipelines to supply these new terminals. These are just a few of the hundreds of projects held up by the status quo of the current system.ns threatens U.S. national security, the American people, and their economic future. Congress can implement a national strategy to maximize public and private sector investments in critical minerals supply chains. 


Clarifying the Role of the National Environmental Policy Act

NEPA is often misunderstood as an environmental protection law with regulatory standards. In reality, NEPA does not impose substantive environmental requirements such as emissions limits or technology mandates. Instead, it is a procedural law that requires federal agencies to evaluate and disclose potential environmental impacts of their actions before making a decision to proceed. 

NEPA mandates that agencies provide the public with a “detailed statement” outlining the environmental consequences of proposed federal actions, which may include issuing permits, distributing grants, or approving infrastructure projects. NEPA is about process – not results – meaning that compliance with NEPA does not ensure specific environmental outcomes or project approval. 

However, NEPA compliance is just the first step in a broader permitting process. Permitting refers to the legal approvals required for a project to proceed under multiple federal statutes  – each of which addresses a specific environmental or cultural consideration. In concert with agencies completing a NEPA review, project developers must often obtain multiple permits under the:

Each statute requires its own permitting process, which can include detailed environmental assessments, public consultations, and coordination across multiple agencies. The complexity and duration of obtaining these permits can significantly extend project timelines, adding years to the approval process. 

NEPA does not grant or deny these permits, it only ensures agencies evaluate and consider environmental impacts. 

Obtaining a permit is one thing, but project developers must still comply with all underlying laws and regulations. Understanding these as two distinct tools – with one focused on process and one focused on real outcomes – is necessary to properly evaluate the options ahead for permitting reform.


Bipartisan Opportunities for Congress

The following are some ways Congress could improve the permitting system that range in complexity and impact. These include setting clear deadlines and expanding categorical exclusions to certain well-understood resources, to a paradigm shift that significantly changes the system by establishing a permit-by-rule approach.  

Require accountability, provide transparency, and encourage the use of modern technology, like artificial intelligence. Establishing timelines for agency action is critical to deploying energy projects at scale. Process reforms without timelines can lead to a lack of consistency when administrations change. One mechanism could be achieved through legislation that compels agencies to meet deadlines and deem projects approved if the agency falls short. The federal government should also track the number of permits in the federal agency queues at any one time in a consistent and timely manner. 

There is a clear need for more reliable information from federal agencies to better understand the number of permits under review and how long they have stuck in permitting limbo. Transparent data will help Congress better address agency funding needs in these areas to approve permits and provide the public with information about how the federal permitting system works at large.  Yes, Congress created the Federal Permitting Improvement Steering Council, better known as the Permitting Council, which, unfortunately, lacks the legal ability to compel timely agency action and resolve interagency disputes.   

Congress could also consider the role of artificial intelligence (AI), machine learning, and other automation technologies that can help reduce the human capital burden of project reviews. While the federal government should explore how to best leverage technology in the future, a recent congressionally mandated report from CEQ to Congress illustrated that even requiring the use of spreadsheets or tracking systems would be a helpful first step in better understanding how our permitting system works today. Technology reforms are perhaps the lowest-hanging fruit for bipartisan action to streamline reviews.

Expedite Approvals. Expediting the approval process for projects that bring net benefits and comply with existing environmental laws could be an effective first step toward meeting the nation’s energy needs. 

Congress could expand categorical exclusions to permit projects in a timely manner. Categorical exclusions are a one-time determination under NEPA that certain activities do not warrant the need for the substantial data collection and review that comes with site-specific environmental assessments (EA) or environmental impact statements (EIS). A categorical exclusion requires the agency to determine whether an activity does not individually or cumulatively negatively impact the environment. However, categorical exclusions still require agency decisions specific to each site. Expanding categorical exclusions could be a useful next step to accelerate low-impact energy projects like geothermal exploration by eliminating redundant reviews.

Permit-by-Rule: Another approach to streamlining permits is for Congress to create a permit-by-rule system for obtaining federal permits. Permit-by-rule expedites reviews by the agency by Congress and/or the agency establishing predetermined criteria for a defined permit to be issued for a project at the planning and design phase. Instead of undergoing a case-by-case review, applicants would assess the criteria, take the necessary steps to comply, and submit a notice of compliance to the permitting agency – along with necessary proofs and certifications – to receive a permit. Once submitted and reviewed, that permit is automatically issued, allowing construction to begin.  

This approach eliminates case-by-case government reviews and analysis. It also shifts the federal government’s role from gatekeeping to compliance enforcement, ensuring substantive standards are promulgated to protect public health, safety, and the environment. 

At the federal level, the Environmental Protection Agency (EPA) has already implemented permit-by-rule systems for certain activities, including ocean disposal, injection wells, and treatment works facilities. The EPA’s model simplifies the permitting process, providing a potential framework for other federally regulated industries, such as the energy sector, to adopt. 

Permit-by-rule is not limited to federal regulations. Many states have also embraced this approach. At least 26 states have implemented permit-by-rule systems, including Alaska, Arizona, Arkansas, Nebraska, North Dakota, Ohio, South Carolina, and Utah. These state permit-by-rule systems cover a wide range of activities, from hazardous waste management to pharmaceutical take-back programs. Each state has its own criteria tailored to fit its specific needs and risk assessments, demonstrating the flexibility and effectiveness of this permitting approach.

Permit-by-rule can offer significant benefits with a balance between streamlining procedures and safeguarding public health, safety, and the environment. To do this, the criteria must be well-defined, periodically reviewed, and aligned with the overall regulatory framework. 

Place-Based Streamlining: Similarly, encouraging development in certain prequalified geographic areas could go a long way toward accelerating projects with the lowest impact. Such areas could include previously disturbed lands or well-categorized sites, such as brownfield sites that present opportunities to use existing electrical or mechanical infrastructure. The environmental impacts to these locations related to energy deployment are minimal, and in many cases, these locations are in or near communities that need the redevelopment most urgently. Congress could also consider regulatory incentives to direct investment toward areas where impacts are already well understood.

Litigation Reforms: To make any of the suggested improvements in permitting more effective, Congress could seek to narrow the scope of legal challenges against approved projects and streamline judicial review of agency actions. The current system is overwhelmingly tilted in favor of those seeking to delay or block projects. Nearly every major energy and infrastructure project faces litigation that often drags on for years over minor procedural details buried within agency reviews. This results in years of additional analysis that often changes little to nothing about the project. Meanwhile, injunctions halt progress, paralyzing the project and jeopardizing investments. Litigants exploit these delays, knowing that time is money. By repeatedly filing lawsuits, they aim to stretch the process until developers run out of funding and abandon their projects. This uncertainty affects all energy and infrastructure projects from pipelines and transmission lines to manufacturing facilities, where delays drive up development costs, and discourage investment. Congress could limit legal challenges to clear and material errors under natural resources laws, narrow the scope of review, and enforce statutory timelines for resolving disputes. Without these changes, billions in investment and years of progress will continue to be wasted, undermining the nation’s ability to build the infrastructure needed for energy and economic security.

Last Congress, H.R.1, the Lower Energy Costs Act included provisions requiring legal disputes be resolved in less than one year – a critical step in the right direction. Other major House and Senate permitting proposals include injunctive relief, standing clarifications, and deadlines on the statute of limitations. However, judicial unpredictability is among the biggest wildcards in the current permitting system.  Last Congress saw a variety of proposals seeking to do the same, the RESTART Act, introduced by Sen. Capito (R-WV), the REPAIR Act, introduced by Sen. Cassidy (R-LA), and the PEER Act of 2023 introduced by former Sen. Carper (D-DE) and Sen. Schatz (D-HI), all proposed reforms to reduce the years-long uncertainty tied to legal challenges. 

Recent bipartisan proposals can provide a roadmap to restore balance to the system. The Fix Our Forests Act offers a strong starting point to balance the needs of local communities with a more predictable process. A more predictable process benefits all parties involved, allowing claims to move forward when real harms occur while limiting litigation that merely seeks to delay or cancel projects. 

The pace and scale necessary to build energy infrastructure projects to reliably meet America’s energy demand and reduce emissions is not something the authors of the 1970s environmental laws could have imagined. Merely throwing more federal money at the projects or the agencies reviewing them is not going to substantially change that problem. Further, the erosion of regulatory and legal predictability makes attracting project financing more difficult and expensive. At a time when the U.S. economy is poised for significant growth and innovation, we encourage policymakers to ensure the federal permitting process can help deliver on these opportunities, not stand in the face of them.

ClearPath looks forward to working with this Committee to advance permitting reform, and I look forward to today’s discussion.

The Importance of Domestic Mining for U.S. National Security

U.S. House Committee on Natural Resources Subcommittee on Energy & Mineral Resources

Below is my testimony before the U.S. House Committee on Natural Resources Subcommittee on Energy & Mineral Resources on February 6, 2025 in a hearing titled, “Now Ore Never: The Importance of Domestic Mining for U.S. National Security.”

Watch Jeremy’s Opening Remarks
Read Jeremy’s Full Testimony as Seen Below

Good Morning, Chairman Stauber, Ranking Member Ansari and members of the Subcommittee. My name is Jeremy Harrell, and I am the Chief Executive Officer of ClearPath, a 501(c)(3) organization that works to accelerate American innovation to reduce global energy emissions.

Thank you for the opportunity to testify today and for holding this important hearing. It is exciting to see that the Committee prioritizing, in one of its first hearings of the 119th Congress, the urgent need to secure the mineral supply chains for our nation’s energy and manufacturing future . Reducing our vulnerabilities are paramount to U.S. competitiveness, and it is essential that our nation makes progress over the next two years.

U.S. energy demand is rapidly increasing, and our nation’s current dependence on foreign adversaries to supply these critical materials poses a significant risk to national security and economic growth. Critical materials are used in products like cell phones, computers, appliances, vehicles, and batteries that American families rely on. Strengthening the U.S. domestic supply chain will ensure that the American people have secure access to these essential technologies. 

Some estimates show the U.S. will need to double the capacity of its bulk power system over the coming decades to meet expected energy demand. Expanding this capacity requires substantial infrastructure – batteries, transmission systems and more – all of which rely on various materials. Consequently, the International Energy Agency (IEA) predicts that demand for energy-related minerals like lithium, cobalt, graphite and nickel could grow 20 to 40 times by 2040.

As demand for energy and materials increases, the choice for American policymakers is clear: the U.S. will either responsibly develop these resources here at home, or continue to rely on foreign adversaries like China, which pose national security, human rights, and environmental concerns. Our nation needs a comprehensive strategy that synchronizes U.S. R&D capabilities with targeted free market incentives, regulatory modernization, and proactive trade policies to put the U.S. back in a leadership role. In my testimony, I will outline a strategy that expedites American production.

But first, we need to be clear eyed about U.S. dependence on foreign supply chains.


A bold three-step American strategy

Exploration of materials within U.S. borders will form the basis of a secure supply chain. Investment in modern exploration techniques and streamlining accreditation processes can identify viable deposits more quickly and efficiently. However, the U.S. must also prioritize extraction capabilities to convert these identified resources into viable supplies. 

Regulatory approvals for mines at home have fallen to the lowest level in decades, coinciding with substantial demand growth for essential raw materials for key grid and transportation infrastructure. Increasing domestic mining and materials capacity is crucial to meeting demand and reducing foreign control over the critical materials supply chain. 

Even when the United States makes headway on mining for more domestic materials and minerals, processing remains a major bottleneck because China controls global refining. Establishing U.S.-based processing facilities will reduce raw materials sent abroad, allowing the U.S. to add value domestically and create a resilient supply chain. For example, copper and zinc, essential electric grid components, and nickel and lithium, critical for battery storage technologies, are foundational to energy infrastructure. Dependence on China will become a critical vulnerability when the United States needs to build essential infrastructure and cannot proceed because China refuses to sell us the materials the American people rely on. 

President Trump’s Executive Order “Unleashing American Energy” takes initial steps to address this issue by revising or rescinding regulatory barriers that hinder domestic mining and production. Failure to scale up domestic production of minerals and materials undercuts our nation’s ability to compete globally. While recycling plays a role in supplementing raw material supply, it cannot meet the scale of surging demand caused by manufacturing, data centers, and artificial intelligence (AI) infrastructure growth. 

Without robust domestic production and processing capabilities, the U.S. remains exposed to potential export restrictions or geopolitical leverage. Investing in the domestic critical materials supply chain—exploration, extraction, and refining—will ensure that the United States can meet future infrastructure demands without being at the mercy of foreign adversaries. Building this capacity now is essential to safeguarding America’s energy independence. To fix this urgent problem, policymakers could focus on three key objectives:

First, restoring regulatory predictability is essential. Never has the phrase “time is money” been more appropriate. Regulatory delays greatly increase project costs. For example, Nevada contains the largest proven lithium reserve in the United States. The Thacker Pass lithium mine in Humboldt County will produce an initial 40,000 metric tons of battery-grade lithium carbonate per year for use in lithium-ion batteries for vehicle, electronics and energy storage. However, lawsuits and delays have plagued the construction for years. Initial exploration of the mine began in 2007, and the Bureau of Land Management issued a Record of Decision approving the project in 2021. The mine was initially planned for production by 2026, but several permitting issues and litigation delayed the project. The mine is now expected to be at full capacity by 2028. The projects most likely to be held up in the permitting purgatory are those that offer the greatest benefits to our nation.

Overall, a typical mining project loses more than one-third of its value, as a result of bureaucratic delays in receiving the numerous permits needed to begin production. The higher costs and increased risk that often arise from a prolonged permitting process can cut the expected value of a mine in half before production even begins. The combined impact of open-ended delays can lead to mining projects becoming altogether financially unviable.  

The United States must eliminate unnecessary bureaucracy in areas where the economic and environmental benefits outweigh opportunity costs. The National Environmental Policy Act (NEPA) is a procedural law that requires federal agencies to assess the environmental impact of their actions.

Furthermore, NEPA is just the start of the process of building major infrastructure projects, including mines. Federal agencies will also most likely need to issue permits under several other relevant statutes, including, among many others, the Endangered Species Act, the Clean Air Act, the Clean Water Act, the Migratory Bird Treaty Act, the Resource Conservation and Recovery Act, the National Forest Management Act, the Solid Waste Disposal Act, and the National Historic Preservation Act. 

It is essential to understand what NEPA really is. NEPA imposes no substantive requirements to help protect the environment, such as emissions standards or new technology requirements. NEPA requires that federal agencies provide the public with what the law describes as a “detailed statement” on the potential environmental impacts of actions such as distributing grants and issuing permits.

Reforms should change the paradigm to expedite the approval process for projects that bring net benefits and comply with laws meant to ensure clean water and clean air. 

Federal action can also no longer vacillate according to political whims. Developers must be able to rely on decisions from one Administration to the next. The last time I testified before you at a field hearing in July 2023 I talked about two critical mines in Arizona and Minnesota, and both are still stuck in the wheel of litigation and administrative actions, despite Congress taking specific legislative action to drive them forward. U.S. policy must provide certainty for projects such as these with Congressional action to stop reliance on materials sourced from overseas. 

Instead, the system should create jobs here, promote American innovation, and foster better global environmental outcomes. 

Second, the judicial review of agency actions must be reformed. The current system is overwhelmingly tilted toward those who seek to delay or block projects. Once a project is approved, further legal challenges should be addressed expeditiously, yet nearly every major mining project faces litigation that often drags on for years.  

These legal challenges rarely contest the decision to allow a project to proceed but instead target the tens of thousands of pages of analysis that accompany the approval. Judges, often without subject matter expertise, focus on minor details, suggesting that if only the agency had done slightly more – maybe 11,000 pages of review instead of 10,000 – the project might proceed. This results in years of additional analysis that often changes little to nothing about the project. Meanwhile, injunctions halt progress, paralyzing the project and jeopardizing investments.  

Litigants exploit these delays, knowing that time is money. By repeatedly filing lawsuits, they aim to stretch the process until developers run out of funding and abandon their projects. These issues affect all energy projects but are especially troubling for mining projects, where development costs often reach billions, and the design and construction process takes years, even under ideal circumstances.
Last Congress, this body passed H.R.1, the Lower Energy Costs Act – important legislation with a number of key provisions, including one to require legal disputes be resolved in less than one year.  Other major House and Senate permitting proposals include injunctive relief, standing clarifications, and deadlines on the statute of limitations. These reforms represent progress, but judicial unpredictability is among the biggest wildcards in the current permitting system.

Congress should limit legal challenges to plain and obvious errors related to the natural resources laws, narrow the scope, and adhere to a strict review timeline. Without these changes, billions in investment and years of progress will continue to be wasted, undermining the nation’s ability to build critical infrastructure and secure a reliable supply chain for essential minerals.

Lastly, the U.S. must allow mining and refining entities equal access to certain financial incentives to compete globally. Chinese state-owned enterprises use heavy subsidies to undercut American companies, distort prices, and dominate markets. These actions have led to shortages of critical minerals and increased prices, disrupting supply chains and exposing the U.S. economy to risk. The U.S. defense industrial base, for example, faces potential delays in manufacturing munitions and weapons systems due to Chinese export bans on gallium, germanium, antimony, and superhard materials. 

“Out subsidizing” foreign state-owned enterprises is not an effective strategy, but tax incentives, like the 45X advancing manufacturing production tax credit, can help foster additional private sector investment in responsible U.S. mining and refining while protecting our nation’s industries from unfair competition. However, 45X, as interpreted by the Biden Administration, fell short in two key areas. First, it fails to provide meaningful incentives for domestic mines that send mineral concentrates to U.S. or allied refineries, a step necessary to achieve economies of scale and competitive costs. Second, it allows domestic refiners to claim the credit even when sourcing feedstock from foreign entities of concern, effectively feeding our nation’s vulnerability. 

These adjustments to 45X could strengthen its impact to better support domestic production. This tool, if updated, can help America build the mines and processing facilities needed to compete with China and Russia and reclaim control of U.S. resources. Other targeted public-private partnerships, for example at the Department of Energy, can also help derisk private investment in nationally significant projects. New mines and facilities succeed by embedding their supply chains, ensuring buyers are in place before production begins. 

As global demand for critical minerals and materials increases, the U.S. will either responsibly develop these resources here at home or continue to rely on foreign sources that, in many cases, pose human rights challenges, present national security risks, and result in increased environmental impacts. 

In conclusion, reliance on foreign minerals supply chains threatens U.S. national security, the American people, and their economic future. Congress can implement a national strategy to maximize public and private sector investments in critical minerals supply chains. 

ClearPath looks forward to working with this Subcommittee to further American minerals independence, and I look forward to today’s discussion.

International Financing of Nuclear Energy

House Committee on Financial Services Subcommittee on National Security, Illicit Finance, and International Financial Institutions

Below is my testimony before the House Financial Services Subcommittee on Non National Security, Illicit Finance, and International Financial Institutions on January 17, 2024 in a hearing titled, “International Financing of Nuclear Energy.”

Watch Niko’s Opening Remarks
Read Niko’s Full Testimony as Seen Below

Good morning, Chairman Luetkemeyer, Ranking Member Beatty, and Members of the Committee. My name is Nicholas McMurray. I am the Managing Director of International and Nuclear Policy at ClearPath, a 501(c)(3) organization that develops and advances policies that accelerate innovations to reduce and remove global energy emissions. To further that mission, we provide education and analysis to policymakers, collaborate with relevant industry partners to inform our independent research and policy development, and support mission-aligned grantees. An important note: we receive zero funding from industry. We develop and promote solutions that advance a wide array of low-emissions solutions — including advanced nuclear energy – that must be brought to bear to achieve our climate and development goals.

I appreciate the opportunity to address the Committee today regarding the crucial role of United States leadership in the international deployment of nuclear energy. The U.S. has a long, proud history of global leadership in nuclear technology. In 1951, the National Reactor Testing Station (forerunner to the Idaho National Lab) produced the first electricity powered by atomic energy. In 1955, the U.S. Navy launched the first nuclear-powered ship, the submarine USS Nautilus. Two years later, the first full-scale commercial power reactor was built in Pennsylvania. In response to oil price shocks and supply insecurity, in the 1970s, the United States initiated one of the largest deployments of nuclear reactors in history, reaching a peak of over 100 operating units in the 1990s.

Today, the U.S. aims to renew its global leadership. Recently, the U.S. and over 20 allies pledged to triple global nuclear energy capacity by 2050. This commitment recognizes reliable energy, like nuclear energy, is a necessary component to reduce global emissions while meeting economic development goals.

The International Energy Agency’s (IEA) 2023 World Energy Outlook shows that existing policies will leave the world a far cry from the goal of tripling global nuclear capacity. In particular, the IEA projects that existing policies will only increase global nuclear energy capacity by about 48% between 2022 and 2050. Tripling global nuclear capacity will be a significant undertaking that not only involves deploying new nuclear power plants domestically but also revitalizing the U.S. approach to building American reactors abroad.

I am excited to see this Committee address this monumental issue at such a timely moment. Achieving the global pledge to triple nuclear energy requires significant improvements to U.S. institutions as well as the modernization of the regulatory environment and export controls to reduce unnecessary red tape. This Committee plays a vital role in ensuring financing is available, especially to the developing world, for the global deployment of American clean energy technologies. Targeted investments in clean, reliable, affordable nuclear energy will contribute to enhanced energy security, geopolitical stability, and emissions reductions. With this in mind, I am going to highlight four important topics today:

  1. First, the global competitive landscape for nuclear energy projects, particularly concerning non-market competitors like China and Russia. Despite rapid advancements in U.S. nuclear energy innovations and U.S. leadership in operating nuclear plants, the nation has unfortunately surrendered its role as a global market leader for exporting nuclear projects. The U.S. must intensify its efforts, employing strategic initiatives, to reclaim this leadership.
  2. Second, adversaries such as China and Russia prioritize nuclear energy as a geopolitical tool, and the U.S. must remain competitive. Legislation like the International Nuclear Energy Act creates a Director of Nuclear Energy Policy to coordinate government agencies. Similarly, the International Nuclear Energy Financing Act would give Congressional direction to support nuclear at multilateral institutions like the World Bank. Both bills could be the first steps toward creating a more proactive and ambitious diplomatic stance to support and promote nuclear exports.
  3. Third, securing financing for U.S. projects competing against foreign state-owned enterprises is critical. For the U.S., this holds particularly true in strategically significant countries. Eliminating barriers to accessing funds at International Financial Institutions (IFIs), and empowering U.S. government agencies like the Export-Import Bank (EXIM) and the International Development Finance Corporation (DFC) can support these ambitions. At the DFC, resources to build nuclear expertise and authorize expanded authorities will allow for greater investment and support for nuclear energy abroad.
  4. Fourth, burdensome regulatory requirements and slow licensing practices pose obstacles to deployment in the U.S. and abroad. Multiple agencies are involved in certifying nuclear exports, which then often need to be licensed again in the host country. The current system is simply not scalable to the ambition of these strategic goals. Proactive measures are essential for harmonizing licensing practices and building trust between the U.S. and partner countries.

The global competitive landscape for nuclear energy

Today, state-based actors like China and Russia are constructing more reactors each year, both domestically and internationally, and establishing more leadership in the global nuclear market. Although the U.S. still has the world’s largest domestic operating nuclear fleet, China is on its way to passing us. China currently has 55 reactors in operation and plans to build 23 new reactors across the entire country. In contrast, the U.S. has 93 in operation and only one under construction and nearing operational status – Vogtle Unit 4 in Georgia.

Recognizing the strategic advantage, these competitors are actively developing export markets for their domestic reactor technologies, a cornerstone of Russia’s foreign policy and likely to become one for China as well. When China or Russia sells a reactor to another country, the state-owned enterprise is the vendor, which receives significant diplomatic support and its deals are nearly fully financed by state banks on generous terms. For example, Russia provided Egypt with $25 billion – around 85% of the full cost – in financing on generous terms. Russia loaned Bangladesh 90% of the full cost of the Rooppur project with a cap on the interest rate. China recently announced it would provide the full cost, $4.8 billion, of a reactor it is building in Pakistan, and even gave a $100 million discount on the construction. Besides the geopolitical influence and economic value, these export markets play a crucial role in sustaining domestic industries.

Globally, Russian and Chinese reactors are in development in NATO-ally countries like Hungary and Turkey, as well as in significant U.S. partners like Egypt, Pakistan, and Argentina. Since 2000, Russia and China have collectively constructed 64 new reactors abroad, whereas the U.S. has built only five. As of March 2023, only six reactors were under development abroad by U.S. nuclear companies. Recent announcements to build three U.S.-designed reactors in Poland and three more reactors in Canada bring that total to 12 U.S.-designed reactors under development today.

New and forthcoming reactors worldwide (as of March 2023)

Competitor dominance of the civil nuclear export market challenges nuclear safety and safeguards standards, as well as undermines diplomatic partnerships and various U.S. geopolitical and economic priorities. The longevity of nuclear power plants, which can operate for 60 years or more, are a strong tool to secure our own partnerships for energy diplomacy. China and Russia offer a full-service suite of options, including construction, fueling, operation, waste disposal, and decommissioning. This approach can create decades-long dependencies for each reactor built by China and Russia. However, thanks to our strong civil nuclear industry, American companies can still provide services in a country that has a foreign reactor. For example, Ukraine’s fifteen nuclear reactors are of Russian design, and provide about half of the country’s electricity. This creates a significant dependence on Russia for nuclear fuel. However, a few months ago, Westinghouse manufactured and delivered new non-Russian fuel for Ukraine.

The last several years brought significant upheaval to global energy markets. Disruptions related to COVID, the Russian invasion of Ukraine, and escalating tensions with China underscore the critical importance of energy security, not only for the United States but also for allies and partners worldwide. In the aftermath of the shortages of natural gas in 2022, many countries are cautious about making substantial commitments that would tether their energy security to Russia. For example, in 2022 Finland canceled a deal for a Russian-built reactor. Additionally, the escalating debt crisis stemming from Chinese investments may prompt countries to seek new partners.

Fortunately, the United States is well-positioned to seize this opportunity. Innovative companies are developing cutting-edge advanced nuclear technologies, and the U.S. remains a global leader in nuclear operations. This mirrors the success the U.S. is having in the natural gas sector. Public-private partnerships created the innovation in hydraulic fracturing that drove the massive shale boom. Today, the U.S. is by far the world’s leading producer of natural gas and exporter of liquified natural gas (LNG). This is a boon for the U.S. economically and geopolitically and drives significant emissions reductions. This dynamic could repeat itself in the advanced nuclear market, where a vibrant and dynamic advanced nuclear industry, led by innovative private companies and supported by public-private partnerships, is emerging in the United States.

For many countries, the United States continues to be the partner of choice. Initiatives at the U.S. Department of State and Department of Energy (DOE), such as the Foundational Infrastructure for Responsible Use of Small Modular Reactor Technology (FIRST), have expanded the U.S. footprint of nuclear cooperation agreements. The global economic and policy landscape is primed for the United States to rapidly demonstrate and deploy these clean, reliable, and U.S.-made technologies.

While the U.S. and its allies have publicly committed to tripling global nuclear energy capacity, realizing this goal requires more than pledges alone. The U.S. must modernize its approach to keep pace with the global market to gain a competitive advantage. Congress can provide further direction to various government agencies by focusing on three major topics: 1) The U.S. needs an export strategy; 2) Supercharge U.S. export finance tools; and 3) Remove red tape that prevents scaling up nuclear technology.


The U.S. needs an export strategy

The expansion of China’s Belt and Road Initiative and Russia’s invasion of Ukraine have underscored the enduring need for the U.S. to be the global leader in energy exports. This leadership is essential not only for domestic energy security and achieving climate objectives but also for those of U.S. partners. Effectively countering China and Russia in this arena will require coordinated action by EXIM, the DFC, and others working in conjunction with partners and allies.

Unfortunately, the United States’ current approach to commercial diplomacy and export support for nuclear energy is fragmented and lacks cohesion. The process of exporting a nuclear reactor involves coordination among multiple entities, including Departments of State, Energy, Commerce, the Nuclear Regulatory Commission, EXIM, DFC, the U.S. Trade Representative, the National Security Council (NSC), and others. While some initiatives, like the FIRST program, have attempted to coordinate these agencies and advance commercial cooperation with U.S. allies abroad, they are tied to individual Presidential administrations. Actions like institutionalizing the FIRST program would codify these gains and create a platform to improve upon. Ultimately, for U.S. companies to compete with the state-backed Chinese model, organized support across the federal government and the private sector is crucial.

Legislation has been introduced, such as the bipartisan International Nuclear Energy Act (H.R. 2938), sponsored by Representatives Donalds (R-FL) and Clyburn (D-SC) to address these challenges. This legislation aims to formulate a civil nuclear export strategy to counter the growing influence of Russia and China. The proposed solution involves developing a national strategic plan that advocates for partnerships with allied nations and encourages coordination among civil nuclear nations in areas such as financing, project management, licensing, and liability. The bill emphasizes the importance of prioritizing safety, security and safeguards as foundational elements for a successful and competitive nuclear export program. Additionally, the legislation establishes an Office of the Assistant to the President and Director of Nuclear Energy Policy to oversee the implementation of the strategy to ensure cohesion and coordination.
Currently, the World Bank and other similar IFIs lack expertise in nuclear energy projects and, consequently, refrain from funding them. The U.S. Secretary of the Treasury serves as a Governor of the World Bank, providing the U.S. with an opportunity to leverage this influence. The International Nuclear Energy Financing Act, introduced by Representatives McHenry (R-NC) and Hill (R-AR), would require the United States Executive Director at the World Bank to advocate and vote for financial assistance for nuclear energy. The bill would also permit U.S. representatives at other international financial institutions – including regional development banks for Asia, Africa, Europe, and Latin America – to push for nuclear projects. The World Bank and other multilateral development banks play a significant role in infrastructure planning around the world, so getting them engaged in nuclear energy will be instrumental in increasing global deployment.


Supercharge U.S. export finance tools

Since 2000, China has rapidly ascended as a pivotal financier in global energy, committing more than $234 billion to some 68 strategically significant nations. China channeled a staggering 75% of these investments toward projects in coal, oil, and gas. Between the years 2016 and 2021, China’s financing of global energy initiatives outpaced the combined contributions of all major Western-backed Development Banks. Chinese authorities have expressed their intent to construct up to 30 nuclear reactors abroad by 2030, with agreements already finalized in Argentina and ongoing negotiations with Saudi Arabia, Kazakhstan, and other nations.

Once China nears completion of its ambitious domestic nuclear buildout, it is reasonable to expect to see a sharp pivot abroad and a surge of Chinese nuclear reactor exports, complete with predatory lending practices and coercive, non-market tactics. Generous state-sponsored financing is likely to support these projects. Earlier this year, China and Pakistan celebrated the completion of the Karachi Huanglong One 1.1 GW nuclear power plant, backed by Chinese financing at a cost of $2.7 billion. Unfortunately, this is a more competitive price point than comparable U.S. commercial ventures, so the U.S. needs to compete in other areas – such as operations, safety, security, technical and regulatory expertise, and fuel.

The dynamic and innovative U.S. nuclear technology companies are not operating in a fair and open market. It is imperative that the U.S. level the playing field for its clean energy exports by advancing thoughtful reforms to existing agencies. As two of ClearPath’s advisors — DJ Nordquist, Former World Bank Group Executive Director, and Jeffery Merrifield, Former NRC Commissioner — noted in a Foreign Affairs piece, last year, an Egyptian presidential advisor told a group of U.S. lawmakers that countries like hers want dependable energy financing and would welcome American investment, but the U.S. hasn’t been showing up to meet that demand. That’s why Egypt, a major non-NATO ally of the U.S., instead selected Russia’s Rosatom to finance and construct its new nuclear plant. The El Dabaa nuclear power plant is already under construction and will likely lock Egypt into a relationship with Russia for decades.
Improvements to existing agencies are needed to compete globally. EXIM is designed to enhance the competitiveness of U.S. exporters in the global marketplace. In the December 2019 reauthorization of EXIM (P.L. 116-94), Congress directed EXIM to establish a “Program on China and Transformational Exports” (see Sec. 402) with the intention of countering China’s state corporations’ business practices by expanding EXIM’s mandate to support exports in transformational sectors; however, it currently excludes nuclear technologies.

Proposed legislation such as the Civil Nuclear Export Act of 2023 (CNEA), sponsored by Senators Manchin (D-WV) and Risch (R-ID), seeks to address this gap by including nuclear projects in the “Program on China and Transformational Exports.” CNEA introduces several measures aimed at enhancing the ability to provide competitive financing options and compete effectively in emerging markets globally. This adjustment is expected to provide additional support to nuclear projects facing competition from Chinese state corporations. This legislation would also raise EXIM’s default rate limit from 2% to 4%, which would allow EXIM extra flexibility to support larger nuclear power projects.

Similarly, the DFC plays a pivotal role in bolstering U.S. clean energy exports by providing finance for highly developmental projects, including energy infrastructure. Established by the bipartisan BUILD Act of 2018 and formally incorporated in late 2019, Congress envisioned the DFC as a powerful successor to the Overseas Private Investment Corporation (OPIC), equipped with broader authorities and a greater capacity to invest in burgeoning foreign markets. These unique authorities include the ability to make long-term loans, take equity investment positions, and exhibit more flexibility than EXIM regarding the types of projects it can support. Notably, in 2020, the Trump Administration lifted the DFC’s ban on supporting nuclear energy projects, highlighting its evolving role in facilitating the advancement of clean energy initiatives.

Until now, the DFC has only engaged with U.S. nuclear export projects on a preliminary basis. The corporation lacks nuclear-specific operational experience and dedicated staff with expertise on projects in the nuclear sector. This limitation hampers its ability to assess the technology risk and intricacies of these complex projects. The DFC’s CEO, Scott Nathan, recently highlighted another significant constraint; the current budgetary scoring system fundamentally undermines the equity investment tool granted to the DFC by Congress, preventing the agency from providing more flexible financing options. Lastly, DFC’s cap of $1 billion for individual investments may impede the agency from supporting larger nuclear projects. While DFC has signaled support for the Romanian and Polish nuclear power projects, the cap restricts the level of support to significantly below the likely project cost.

The DFC is due for reauthorization in the Fall of 2025. This presents an opportune moment to reassess, refine, and enhance the corporation, its tools, and its mandate to better align with U.S. strategic energy objectives. Without strengthening entities like DFC, the U.S. puts itself and its private-sector innovators at a strategic disadvantage against foreign state-owned enterprises looking to build abroad.


Remove red tape that prevents scaling up nuclear technology

Tripling the world’s nuclear capacity is a massive undertaking that will require constructing hundreds of new reactors. This could entail obtaining numerous regulatory approvals and licenses in the United States alone. However, challenging regulatory barriers, lengthy licensing and permitting timelines, and bureaucratic inefficiencies have proven to be significant obstacles to the development and deployment of advanced nuclear reactors here in the United States. Overcoming these challenges is crucial for successfully implementing ambitious nuclear energy expansion.

Introducing innovative U.S. nuclear technologies to the world is essential for fulfilling the tripling pledge and aligning with geopolitical security goals. The Nuclear Regulatory Commission (NRC) will almost certainly need to license a reactor design in the U.S. before a country would be willing to build it. Especially for countries looking at nuclear energy for the first time, they are likely inclined to prefer designs with a proven safety track record in the U.S. An efficient and agile U.S. regulator is therefore fundamental, not only for domestic deployment but also for ensuring the competitiveness of the U.S. nuclear industry in the international market. The NRC anticipates at least 13 current and potential applications by 2027, and it’s important that these move forward expeditiously.

The NRC is responsible for overseeing the safe operation of nuclear power in the United States. To achieve ambitious goals, it is vital for the NRC to attract and retain the right staff and capabilities. Additionally, modernized structures, processes, and policies need to be established to efficiently and effectively review and license the diverse array and volume of new nuclear technologies. This modernization aims to provide a predictable regulatory environment while maintaining reasonable assurance of adequate protection of public health and safety.

Even after the NRC licenses a reactor design and the reactor is constructed and safely operated, it then still must receive export approvals, and be licensed by the other country’s regulator. A company seeking to export a reactor to a partner country faces a multi-step process. It must obtain export licenses or authorizations to export the reactor, fuel, and other related equipment from the NRC under 10 CFR Part 110, from the Bureau of Industry and Security at the U.S. Department of Commerce for equipment subject to EAR (Export Administration Regulations), and then by the DOE’s National Nuclear Security Administration under 10 CFR part 810. Furthermore, a corporation can only transfer nuclear technology to countries in which the Department of State has negotiated a “123 Agreement.” This intricate regulatory framework underscores the complexity involved in exporting nuclear technology and highlights the necessity of complying with various governmental entities.

It is essential for nuclear reactors to be well-regulated to prioritize safety, security, and non-proliferation. Modernizing the NRC is a critical initial step. Yet, beyond that, there is a need for harmonizing and streamlining international regulatory processes to facilitate the efficient and expeditious deployment of nuclear reactors on a large scale.

The NRC can contribute to the goal of tripling nuclear energy worldwide by taking on greater international cooperation and relationship-building activities. The NRC could conduct joint reviews of regulations with international partners to allow for better alignment between U.S. and foreign regulatory bodies. The NRC could also incorporate and leverage harmonized license reviews performed by non-U.S. regulators into its reviews, and lay the groundwork for other regulators to do the same. New nuclear energy will have a global impact, and regulatory practices can be shared to strengthen international partnerships, accelerate the learning curve of global regulators to improve safety and security, and ease the burden on U.S. innovators deploying internationally. Further Congressional action and direction is needed to undertake a full-scale international initiative to lower regulatory barriers to export markets.


Conclusion

An all-of-the-above clean energy strategy is the only viable path for achieving global emissions reduction targets, which means the world needs to quickly deploy clean, reliable, affordable energy like nuclear power. At a time when China and Russia are ramping up financial support, the U.S. needs to reinvigorate not only its own financing tools, but also call upon IFIs like the World Bank to reassess their nuclear energy policies, including opportunities and challenges, rather than simply defaulting to “no.”

Thank you again for the opportunity to testify today. ClearPath is eager to assist the Committee in developing innovative policy solutions to ensure U.S. leadership in international clean energy financing. We applaud the Committee for taking on this critical task to help ensure the appropriate action, including policies that will help advance innovative technologies to provide clean, reliable, and necessary energy to the United States and the world.

International Financial Institutions in an Era of Great Power Competition

House Committee on Financial Services Subcommittee on National Security, Illicit Finance, and International Financial Institutions

Below is my testimony before the House Committee on Financial Services Subcommittee on National Security, Illicit Finance, and International Financial Institutions, entitled “International Financial Institutions in an Era of Great Power Competition” on May 25, 2023.

Watch Rich’s Opening Remarks
Read Rich’s Full Testimony as Seen Below

Good morning Chairman Luetkemeyer, Ranking Member Beatty and Members of the Committee. My name is Rich Powell, and I am the CEO of ClearPath, a 501(c)(3) organization devoted to developing and advancing policies that accelerate innovations to reduce and remove global energy emissions. To further that mission, we provide education and analysis to policymakers, collaborate with relevant industry partners to inform our independent research and policy development, and support mission-aligned grantees. An important note: we receive zero funding from industry. We develop and promote solutions that advance a wide array of low-emissions solutions — including advanced nuclear energy – that need to be brought to bear to achieve our climate and development goals.

It is an honor to speak with this Committee again. When I was last here in September 2019, the world’s energy and climate landscape looked very different than it does today. But if the experience of the past three years taught us anything – through COVID-related disruptions, the Russian invasion of Ukraine, growing tensions with China, and unprecedented energy investments – it is that much of what I said before is even more urgent today. The world needs more energy, and emissions know no borders. America and like-minded countries around the world must work together to solve the dual challenges of climate and energy security.

That’s why I am excited to see this Committee addressing the role that International Financial Institutions (IFIs) can and should play in tackling those dual challenges. This committee is essential to ensuring that financing is available, particularly to the developing world, for the global deployment of clean energy technologies like advanced nuclear. Thoughtful investments enhance energy security, geopolitical stability, and environmental progress. With this in mind, I will discuss four important topics today:

  1. First, the importance of nuclear energy and the latest American innovations for the next generation of nuclear power technologies. Nuclear power generation is one of the cleanest, most reliable, and scalable sources of low-emissions energy we have today. There is no possibility of achieving a net-zero future without nuclear power playing a major role, and American nuclear entrepreneurs and the U.S. supply chain are ready to bring their game-changing technologies to the marketplace. Because nuclear power is clean, reliable, scalable, affordable and dispatchable, it creates economic, strategic and climate benefits for the United States and our partners.
  2. Second, the global competitive landscape for nuclear energy projects, particularly with regard to non-market competitors like China and Russia. Although U.S. nuclear energy innovations are rapidly advancing, and we are a leader in operations, America has lost global market leadership for exported nuclear projects. We must work hard – and smart – to earn that leadership back.
  3. Third, the opportunities and challenges for IFIs to support nuclear energy projects. Institutions like the World Bank are among the very few global organizations able to bring financing to match the scale of development needed for a clean energy future that achieves our climate and human development goals. The World Bank and other IFIs must step up to finance game-changing technologies, especially low-emissions, dispatchable nuclear energy. For perspective, from 2016-2021, China provided more energy project financing around the world than all major multilateral Development Banks combined, including the IFIs we are here to discuss. They must also rightsize their disproportionate funding going to Chinese state-owned companies, which is nearly 30 percent over the last nine years.
  4. Fourth, the important role of U.S. development and export financing for nuclear projects; parallel to – but separate from – the work of IFIs. While the U.S. can press IFIs to achieve higher clean energy ambitions, we should be able to “walk and chew gum” at the same time with our own institutions like the U.S. Export-Import Bank (EXIM) and the Development Finance Corporation (DFC). Through my own experience on the advisory committee of EXIM during the previous Administration, I’ve seen firsthand the need to increase the proportion of our own development and export financing devoted to clean energy projects, including nuclear.

The importance of nuclear energy and the latest American innovations

The calls for climate action on the global stage have never been louder, and the effects of the war in Ukraine on international energy markets are lasting, which makes the expansion of reliable, secure and affordable nuclear power more important than ever. The International Energy Agency (IEA) modeled that in order to reach net-zero by 2050, the world needs to double the amount of today’s nuclear energy capacity, or the equivalent of roughly 25 new 1,000-megawatt reactors per year by 2030 with accelerated growth beyond that. From a climate perspective, some estimates suggest that deployment of the next generation of advanced nuclear reactors could unlock the equivalent of up to 0.5 gigatons per year of global emissions reduction potential by 2050.

An increase in demand for carbon-free, dispatchable electricity has coincided with unprecedented momentum within the U.S. nuclear industry. Nuclear utilities are calling for 90 GW of new nuclear power by 2050, nearly doubling our nuclear energy capacity in the next 30 years. Currently, there are 15 designs in the application or pre-application process with the U.S. Nuclear Regulatory Commission (NRC). Some of these projects include the NuScale Carbon Free Power Project in Idaho; the TerraPower Natrium demonstration in Wyoming; the X-energy-Dow Chemical high temperature gas reactor in Texas; the GE Hitachi small modular reactor in Tennessee; and GE Hitachi’s unprecedented global deployment consortium with the Tennessee Valley Authority, Canada’s Ontario Power Generation, and Poland’s Synthos Green Energy. These designs are being planned for deployment across North America and overseas.

Advanced Nuclear Companies and Projects in the U.S.

Furthermore, the U.S. military, major data centers, and heavy industrial users are exploring a variety of advanced reactor designs, including microreactors like those being developed by BWX Technologies, Oklo, and Ultra Safe Nuclear Corporation (USNC), to meet their secure power and clean heat needs.

These applications also have significant national security benefits, improving the resilience of critical infrastructure, enhancing servicemember safety, and humanitarian and disaster relief. Institutions of higher learning, like Abilene Christian University (ACU) in Texas and the University of Illinois at Urbana-Champaign, are advancing state of the art research reactors to advance R&D and cultivate our future workforce.

These domestic projects are gaining international attention; at least eight U.S.-based companies have publicly-announced international partnerships to explore deployment in more than 10 countries. For instance, GE Hitachi’s BWRX-300 design for small modular reactors (SMRs) has been gaining traction in Poland with a recent agreement on technical collaboration for development and deployment in the country. Similarly, NuScale Power recently inked a contract with Romania for the first phase for deployment of what would be that country’s first SMR. Another U.S. SMR startup, Last Energy, recently announced power purchase agreements for nearly 3 dozen units of its power plants with industrial partners in the United Kingdom and Poland, representing $19 billion in electricity sales.

Every international sale of a nuclear reactor – whether from the U.S. or a competitor – comes with both economic and geostrategic considerations for the countries involved. Entering into these partnerships can lock in a relationship between the entities involved for up to 80 to 100 years over the lifecycle of the project; from construction through decommissioning. This involves technology partnerships across engineering, design, construction, fueling, operations and maintenance. A network of U.S. nuclear projects abroad can promote our high-standards industrial and safety practices in other countries, while serving as an important dimension of America’s technological and climate leadership around the world.

The economic opportunities that come with nuclear energy projects are also remarkable, with some projections showing the addressable market for U.S. advanced reactors could be roughly $500 billion by 2050. The projects in the pipeline today and the robust U.S. supply chain already in place employ nearly half a million Americans. A person working in the nuclear energy industry makes a higher median wage than any other energy industry and twice the national median wage. Tens of thousands of more high-paying, stable jobs will be created as the nuclear industry continues to grow.


The global competitive landscape for nuclear energy

That said, we must be clear-eyed about the intense global competition for nuclear power projects. Over the past two decades, the U.S. and like-minded countries have lost market leadership in this space. Between 2017 and 2022, Russian and Chinese reactor designs captured 87% of all new reactor construction starts globally through their non-market, state-owned enterprises.

New and Forthcoming Nuclear Reactors Worldwide

A recent Columbia University study comparing the financing terms of the world’s major nuclear reactor reactors found that Russia has had a leading position in recent years, in no small part because of their non-market financing offers. For example, Russia signed deals with Bangladesh and Egypt providing financing for 90% and 85% respectively of total project costs, at interest rates well below fair market. Unlike western civil nuclear exporters, China and Russia are not members of a key nuclear arrangement by the Organization for Economic Co-operation and Development (OECD) that places limits on loan terms including minimum interest rates and repayment terms.

Nuclear exports are also a component of China’s Belt and Road Initiative. China is currently building more nuclear reactors domestically than any other country with 55 operable reactors, 23 currently under construction, dozens more in the pipeline, and a policy to “go global” with exporting their nuclear technology. This also gives the Chinese significant sway over the future nuclear supply chain for all reactors globally. Chinese officials have said they could construct up to 30 reactors abroad by 2030, with agreements already signed in Argentina and negotiations underway with Saudi Arabia, Kazakhstan and others. Earlier this year, China and Pakistan marked completion of the Karachi Huanglong One 1.1 GW nuclear power plant, at a cost of only $2.7 billion, which was backed by Chinese financing. This price point is a fraction of comparable commercial U.S. reactor deals. Once China nears completion of its ambitious domestic nuclear buildout, we can expect a sharp pivot abroad and see a flood of Chinese nuclear reactor exports, complete with predatory lending practices and coercive, non-market tactics.

Bipartisan legislation has been introduced to help address some of America’s competitiveness issues. For instance, the International Nuclear Energy Act (H.R. 2938), sponsored by Representatives Byron Donalds (R-FL) and James Clyburn (D-SC), would develop a civil nuclear export strategy to offset Russia and China’s growing influence. In order to do so, it would set a national, strategic plan that promotes partnerships with ally nations and embarking civil nuclear nations to coordinate financing, project management, licensing, and liability. It would also promote safety, security and safeguards which are foundational to a successful, competitive nuclear export program.

And it’s not just the reactors themselves where the U.S. and partner nations face serious competitiveness issues. We need to be serious about addressing our vulnerabilities when it comes to fueling these reactors, specifically with regard to the supply chains for low enriched uranium (LEU), and the nascent subset of high-assay LEU (HALEU). Some projections suggest that by 2030 China and Russia will control roughly 63% of global enrichment capacity. This is not a good position for America — nor our allies and partners — to be in, and we need to move faster if we’re going to have any chance of achieving resource security.

For our part, the U.S. previously recognized this vulnerability and established the Department of Energy’s HALEU Availability Program under the Energy Act of 2020 to create a secure domestic supply of HALEU fuel for advanced reactors. This program has been slow to start, but is one of the most critical enablers of the advanced nuclear industry. Some advanced reactor designs are similar to the reactors today and run on LEU fuel, but designs with new markets (like industrial heat, integrated energy storage, and microreactors) require HALEU fuel. In addition, a domestic supply of LEU is important as Russia will supply almost 25% of our nation’s enriched uranium this year. Uranium is a global commodity; when looking at the global uranium supply chain, 38% of conversion capacity and 46% of enrichment capacity are located in Russia. The 2020 Energy Act also extended the Russian Suspension Agreement to decrease Russia’s percentage of uranium enrichment to 15% of the U.S. market in 5 years, and fully suspend imports by 2040, but the timeline may need to be accelerated further. Securing the nuclear fuel supply chain will require domestic and allied capabilities to both source and process uranium.

It was significant to see the urgency of this issue elevated at the recent G7 Ministers’ Meeting in Japan where the U.S. reached an agreement with Canada, France, Japan and the UK to leverage our collective civil nuclear power sectors to reduce dependency on Russian supply chains. The effort aims to leverage each country’s unique resources and capabilities in uranium extraction, conversion, enrichment, and fuel fabrication. This initiative was reinforced at this past weekend’s G7 Leaders’ meeting, alongside expressions of interest from the U.S., Japan, South Korea and the United Arab Emirates to support Romania’s adoption of advanced nuclear designs. It’s a good first step, but swiftly operationalizing these agreements will be critical.


Opportunities and challenges of IFIs financing nuclear

Since 2000, China has become a dominant player of global energy finance, issuing more than $234 billion in loans for energy projects to some 68 strategically significant nations, roughly 75% of which was directed towards high-emitting coal, oil, and gas development. For perspective, from 2016-2021, China provided more energy project financing around the world than all major Western-backed Development Banks combined, including the IFIs we are here to discuss.

Countries like China and Russia are bringing enormous resources to bear in an effort to dominate energy projects for their own gain. Yet the billions of dollars they are spending on these projects are a small fraction of the trillions of dollars needed to develop and deploy the sheer amount of clean energy technologies necessary to have a meaningful impact on global emissions reductions. Rapidly developing countries that are looking for reliable, low emissions baseload power like nuclear need as many financing and technology options as possible so they don’t need to rely on adversarial nations that don’t have their best interests, nor the climate’s, at heart.

IFI’s can and should play a bigger role in providing alternative, responsible financing solutions to meet those needs. Yet institutions like the World Bank have been slow to respond to the modern energy requirements of these countries and continue to abide by an antiquated, self-imposed ban on supporting nuclear power projects. Reliable baseload energy is absolutely fundamental to the institution’s stated purpose of poverty alleviation. Yet less than 12% of the World Bank’s active portfolio in FY2022 was allocated toward energy and extractive projects, and they haven’t engaged in a single nuclear energy project in over 60 years.

America and the west need to offer more thoughtful opportunities to support developing nations, particularly for their energy needs. As two of ClearPath’s advisors noted in a recent Foreign Affairs piece, at COP27 an Egyptian presidential advisor told us and a group of U.S. lawmakers that countries like hers want dependable energy financing and would welcome our investments, but we haven’t been showing up to meet that demand. That’s why Egypt instead took a loan from Russia’s Rosatom for its new nuclear plant and is now locked into that relationship for the foreseeable future. The World Bank and the west should make more focused and effective use of resources to achieve the outcomes that developing countries need. Perhaps instead of focusing on financing climate change mitigation and adaptation in these countries, those billions of dollars could be better utilized for clean, safe, reliable power projects – like nuclear – that help poorer nations escape energy poverty.

The World Bank and other IFIs should step up their clean energy and climate efforts and do away with their anachronous ban on nuclear power projects. Proposed legislation like Chairman Patrick McHenry’s (R-NC) International Nuclear Financing Act (H.R. 806) recognizes this challenge and attempts to address it. The bill would require the United States Executive Director at the World Bank to advocate and vote for financial assistance for nuclear energy. The bill would also permit U.S. representatives at other international financial institutions – including regional development banks for Asia, Africa, Europe, and Latin America – to push for nuclear projects.

As stated in a memo from the Energy for Growth Hub, another possibility for the U.S. to encourage IFIs to be more engaged on nuclear energy could be the creation of an Advanced Nuclear Technology trust fund at the World Bank. The trust fund could help develop internal expertise and capacity at the World Bank to understand the nuances and implications of new nuclear energy financing, and eventually support clients with technical assistance to make smart energy technology decisions. Congress could direct the Department of Treasury to work with the Department of Energy, Department of State, and other relevant agencies to establish the trust fund at the World Bank, appropriate funds, and encourage the Administration to build a coalition of like-minded partners to participate and contribute.

With this obstacle removed at the World Bank, most other IFIs would follow their lead, representing a potentially transformational opportunity to pool in billions more dollars for clean, reliable, readily-deployable energy as the bedrock for achieving these institutions’ development goals. This would also enhance effective oversight by the U.S. and other western shareholders of these nuclear projects compared with the non-transparent development projects that China and Russia have undertaken.

That said, even if the World Bank and IFIs removed their ban on nuclear financing tomorrow, it’s not guaranteed that would automatically lead to more U.S. nuclear projects abroad, and we need to acknowledge some other challenges Congress would need to think through.

For instance, a recent study by the Government Accountability Office (GAO) found that Chinese-based companies received almost one-third of World Bank-funded international contracts over the past decade. In 2016, China also created a new multilateral development bank of its own, the Asian Infrastructure Investment Bank, as an enabler of its Belt and Road Initiative. At the same time that China is winning all of these IFI contracts and providing development financing to other countries, China remains eligible to borrow from the World Bank for their own development programs.

Russia also continues to be a member of the World Bank, and is the 8th largest shareholder for one of its key lending facilities.

As it stands, lifting the ban on nuclear financing at the World Bank and other IFIs could inadvertently enable the rise of Chinese nuclear exporters unless the U.S. strongly leverages its influence and alternatives. As we consider pressing IFIs to be more proactive on clean energy projects – particularly nuclear – procurement reform at the IFIs needs to be at the top of the agenda, factoring in unsubsidized project costs so that China can’t continue to dominate IFI contracts. We need to factor in these other considerations and hedge our bets. That’s a key reason why America’s own development and export financing capabilities are so important.


The role of U.S. development and export financing

The expansion of China’s Belt and Road Initiative and Russia’s 2022 invasion of Ukraine have underscored the enduring need for United States international leadership – including through export and development financing – not only for our own energy security and climate goals, but also that of our partners. Concerted action with our partners and allies in this area can be an essential counterweight to China and Russia.

A recent example of the strategic role that American financing can play for clean energy is the development of Poland’s first nuclear plants. The Trump Administration led a key Intergovernmental Agreement (IGA) between the U.S. and Poland to develop Poland’s civil nuclear power program and industrial sector. That agreement clearly articulated America’s intention to leverage the U.S. EXIM Bank and other government financing institutions for Polish reactors.

Subsequently, the U.S. Trade and Development Agency (USTDA) funded an initial engineering study for Poland to assess the viability of Pennsylvania-based Westinghouse Electric Company’s AP1000 reactor technology. These efforts culminated in November 2022 when the U.S. Government tabled a comprehensive, competitive technical and financing package, and the Polish Government chose Westinghouse’s reactor, in a deal worth roughly $40 billion.

Building on that, in April, EXIM and the DFC signed an agreement to finance up to $4 billion for another Polish project that could support the U.S. export of GE Hitachi’s BWRX-300 SMR. These deals are equivalent to all nuclear investments made in 2021.

These efforts – initiated during the Trump Administration and carried forward in a bipartisan manner – bring geostrategic, economic, and climate benefits to the people of Poland and the U.S., and are made possible – in part – by the backing of American financing.

Unfortunately, this type of coordinated effort across U.S. federal agencies is the exception not the norm. Many of our best levers, such as the DFC, are often disconnected from the rest of the government financing tools and clean energy goals. Although the DFC has expressed interest in the case of Poland, that is a very unique circumstance, and the DFC is yet to robustly engage in supporting civilian nuclear projects abroad despite removing its moratorium on doing so in 2020. This is not an effective way to compete with rival countries where there is far more strategic alignment across agencies and their non-market, state-owned enterprises.

That’s why the U.S. needs to better leverage existing policy tools and build new ones in order to reach our future clean energy and climate ambitions.

In the case of DFC, one limiting factor for engaging in large-scale energy and infrastructure projects, including nuclear power, is the way in which the Congressional Budget Office (CBO) and the Office of Management and Budget (OMB) treat DFC’s equity authority. DFC’s equity authority gives the U.S. government the capability to compete for projects in a more holistic way and facilitate joint investments with partners and allies. However, CBO, OMB and DFC currently “score” the Corporation’s equity investments on a cash basis (i.e. only recording revenue on such investments when the stake is sold) rather than by “net present value,” which is the way in which loans and loan guarantees are scored and accounts for expected returns in the same fiscal year. This has the effect of scoring DFC’s equity investments like grants rather than financing, which requires substantially more budget authorization and discourages the use of the Corporation’s equity authority particularly for larger projects, like nuclear energy.

Another good example of a needed fix is EXIM’s China Transformational Exports Program (CTEP). This program, established during EXIM’s 2019 reauthorization (P.L. 116-94), has a Congressional mandate for EXIM to support U.S. exporters facing competition from China in 10 key Transformational Export Areas. One of those export areas is “renewable energy, energy efficiency, and energy storage.” Conceptually, the program could be a valuable lever for all clean energy technology providers (and the financing needs of foreign customers) facing unfair competition. But unfortunately – to the detriment of our geopolitical, clean energy, and climate goals – limiting this program to renewable energy sources alone leaves out important technologies like advanced nuclear, carbon capture and storage (CCS), and hydrogen. In an all-of-the-above energy competition with China, CTEP deserves a common-sense revision to be more technology neutral when it comes to clean energy if we’re serious about competing and winning on exports and against climate change.


Conclusion

An all-of-the-above clean energy strategy is the only viable path for achieving our global emissions reduction targets, which means the world needs to move much more quickly to deploy clean, baseload energy, like nuclear power. At a time when the United States already finances nuclear energy abroad through the Export-Import Bank – and hopefully increasingly so through the DFC – the World Bank and other international financial institutions should have a comprehensive reassessment of their nuclear energy policies, including opportunities and challenges, rather than simply defaulting to “no.”

Thank you again for the opportunity to testify today. ClearPath is eager to assist the Committee in developing innovative policy solutions to ensure U.S. leadership in international clean energy financing. We applaud the Committee for taking on this important task to help ensure the appropriate action, including policies that will help advance innovative technologies to provide clean, reliable, and necessary energy to our nation and the world.

Growing The Domestic Energy Sector Supply Chain And Manufacturing Base

House Energy and Commerce Committee Subcommittee on Oversight & Investigations

Below is my testimony before the House Energy and Commerce Committee Subcommittee on Oversight & Investigations, entitled “Growing The Domestic Energy Sector Supply Chain And Manufacturing Base: Are Federal Efforts Working” on May 23, 2023.

Watch Jeremy’s Opening Remarks
Read Jeremy’s Full Testimony as Seen Below

Good morning Chairman Griffith, Ranking Member Castor, and members of the committee. My name is Jeremy Harrell, and I am the Chief Strategy Officer of ClearPath, a 501(c)(3) organization that develops and advances policies that accelerate innovations to reduce and remove global energy emissions.

Thank you for the opportunity to testify today and for holding this important hearing. The United States faces intense global competition. Adversaries like China and Russia are deploying hundreds of billions of dollars around the world to advance their geostrategic interests in order to dominate the energy sector and connected supply chains.

China and Russia have spent decades investing in the dominant position they now hold in the mining – and perhaps more importantly – in the processing of critical materials. China is responsible for the processing of 90 percent of rare earth elements and 60 to 70 percent of lithium and cobalt, often with poor labor practices and disregard for the environmental impact.1 Similarly for uranium, some projections suggest that by 2030 China and Russia will control roughly 63 percent of global enrichment capacity. Meanwhile, in the U.S. it can take up to a decade just to permit a mine. America is on its heels. From project finance to government permitting, the project development cycle must move faster to have any chance of regaining the supply chains underpinning our energy industrial base and become resource independent.

Large-scale energy innovation often needs to bring together private and public investment in order to scale up deployment and bring down costs. This model worked for solar, wind, natural gas and other clean energy technologies. For example, Texas entrepreneur George Mitchell figured out how to break up shale rocks to release the natural gas stuck inside. This process, called hydraulic fracturing, initially got off the ground with support from the Department of Energy (DOE), which cost-shared R&D and demonstrations in the 1970s and 1990s, as well as tax credits from the 1980s to early 2000s.

Fortunately, the past few years has yielded targeted federal energy innovation policy that, if implemented right, could help bring resource production back to America and help build the next success story similar to American shale gas.

The Energy Act of 2020 (EACT), signed into law by President Trump at the end of the 116th Congress, modernized and refocused the DOE’s research and development programs on some of the most pressing technology challenges identified by the International Energy Agency (IEA) as essential to global energy and climate objectives — scaling up clean energy technologies like advanced nuclear, long-duration energy storage, carbon capture, and enhanced geothermal. Subsequently, the bipartisan Infrastructure Investment and Jobs Act (IIJA) invested $62 billion into next-generation technologies, power grid improvement, energy efficiency, and more at the DOE. Importantly, nearly half of that total was slated for the very energy-related research, development, and demonstration (RD&D) programs authorized in the EACT and the relevant infrastructure needed for their broader adoption.

The bipartisan IIJA targeted federal energy research investment, focusing RD&D programs around some of the biggest opportunities to advance U.S. energy security, technological leadership, and global emissions reductions. The DOE is now launching the most aggressive commercial-scale technology demonstration programs in history, with clear permanence and cost goals, to scale up clean energy technologies like the Long-Duration Storage Shot, the Hydrogen Shot, and the Enhanced Geothermal Shot. For example, the storage initiative launched in July of 2021 is oriented around reducing the cost of grid-scale energy storage by 90 percent for systems that deliver 10+ hours of duration within the decade. That specific goal may sound familiar – it mimics the bipartisan authorization from the Better Energy Storage Technologies Act (BEST) enacted in the 116th Congress.

These initiatives present opportunities but also many significant challenges that this Committee is rightly using its oversight authority to explore.

The bipartisan Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act of 2022 was also constructed specifically to go on offense versus China on technological innovation. The package directed $280 billion in investment over the next 10 years, with the majority for scientific R&D and commercialization. Approximately $53 billion is for semiconductor manufacturing, R&D, and workforce development, with another $24 billion worth of tax credits for chip production. The law also added significant new DOE technology transfer authorities, comprehensively reauthorized the DOE Office of Science and established a first-of-a-kind, low-emissions steel manufacturing research program that aims to make American steel production the cleanest and cheapest in the world.

The U.S. has a national security imperative to take on China and Russia in technological innovation and energy exports. A cohesive strategy that syncs our country’s robust research, development and demonstration (RD&D), the American entrepreneurial spirit, targeted free market incentives, and proactive trade policies can leverage the United States’ advantage as one of the most carbon efficient economies in the world. Three examples where the U.S. is leading are natural gas, steel and minerals mining. A life cycle analysis conducted by the DOE’s National Energy Technology Laboratory on U.S. liquefied natural gas (LNG) exports shows that American LNG can be up to 30 percent cleaner than Russian natural gas. While Chinese steel is the third most emitting in the world, American steel is among the cleanest in the world, with the second lowest CO2-intensity of any country. Emissions from mining support services in China, including many minerals required for deploying clean energy at scale, are over 5 times higher than if those activities were conducted in the United States.

Our nation should double down on the public and private sector momentum to produce more and innovate faster, securing a clean, affordable, resilient energy future reasserting global technology and resources leadership, and furthering global emission reductions.

But simply throwing federal taxpayer resources at the problem is not going to achieve that ambitious goal. For the United States to lead globally while creating jobs in new industries here at home, the United States must maximize public and private sector efforts by taking the following actions:

  1. Strengthen direct investment and foster private investment in U.S. supply chain: The bipartisan Energy Act of 2020, the IIJA, the CHIPS and Science Act, and federal tax incentives must more effectively bolster the U.S. clean energy supply chain and commercialize key technologies. The successful implementation of these programs is critical to ensuring that U.S. companies can demonstrate and deploy their technologies and be able to compete on the world stage. That difficult task means identifying projects that can be delivered on time and on budget, while ensuring the maximum benefit of investment goes to American companies and the industries where the U.S. has a leading edge. To assist with accountability and oversight, ClearPath has developed an interactive dashboard to follow progress across the major demonstration programs led by the DOE from the initial program development stages all the way through to final award selections.
  2. Modernize Permitting: The single largest impediment to private sector investment is regulatory unpredictability. Unnecessary regulatory hurdles that slow down the deployment of innovative technology and necessary infrastructure, including the critical mineral supply chain, threaten the United States’ ability to significantly reduce our emissions and provide low-cost options to the rest of the world on an ambitious timescale. Right now, developers can only build new energy infrastructure as fast as federal, state, and local governments can permit them – and it simply is not fast enough. Reform must flip the permitting paradigm from one that favors stopping a project to one that expedites the approval process for projects that bring net benefits and comply with the legal requirements meant to ensure clean water and clean air. U.S. leadership requires a system that promotes good outcomes – both economic and environmental – so that the country can build at the pace and scale required to meet America’s energy demand and compete with our adversaries.
  3. Foster Global Market Opportunities for American Technologies: The economic opportunity for the U.S. is remarkable. A recent report from Boston Consulting Group estimated the Serviceable Addressable Market (SAM) for six key clean energy technologies (clean steel, hydrogen, long-duration energy storage, geothermal, direct air capture, and new nuclear) to be roughly $16.5 trillion through 2050. Getting our domestic policies right, including in many cases getting the government out of the way, will allow us to scale up our clean technologies and drive down costs to meet the energy demands of the developing world with more price-competitive exports of American solutions. At the same time, the U.S. needs to create better trade and financing frameworks to support our exporters. Our country must prioritize market access abroad through removal of tariff and non-tariff barriers, and better leverage agencies like the U.S. Export-Import Bank and International Development Finance Corporation to compete more effectively against our non-market rivals (e.g. Chinese state-owned enterprises).

Further, the following three American industries serve as examples where U.S. government policies, investor interest, and the regulatory environment are incongruent with what is needed for the U.S. to lead globally.


Carbon Capture

China continues to dominate global coal power development, both at home and abroad. Chinese coal power plant construction and new project announcements accelerated dramatically in 2022, with new permits reaching the highest level since 2015. Many of those projects received expedited permitting and broke ground in a few months. This resulted in six times as many coal plants starting construction in China than the rest of the world combined for a total of 106 GW; the equivalent of two large coal power plants per week. While China recently committed to stop financing new overseas coal financing, over the last 10 years, its Belt and Road Initiative financed over 100 gigawatts of coal in at least 27 countries.

Policymakers have a choice – bet that the Chinese and their partners shut down their coal-fired power plants at the expense of economic growth; or develop, demonstrate, and deploy affordable U.S.-based emissions control technologies abroad as we have previously done for acid rain and aerosols. That’s where carbon capture, utilization, and storage (CCUS) technologies come in.

CCUS is on the rise, with 35 projects in operation and over 250 million metric tons of CO2/yr of capture capacity currently in development worldwide by 2030. 40 percent of the capacity in development over that timeline is in the U.S., which is currently the global leader on CCUS technology. While the over 100 million metric tons of capacity announced in the U.S. is significant, it is only scratching the surface of this country’s potential. A recent report from the DOE estimates that getting CCUS technologies on track for climate targets in the U.S. would require capacity to capture 400 to 1,800 million tons of CO2 per year by 2050. This level of development would represent $100 billion of investment by 2030 and $600 billion by 2050. On a global level, reaching net-zero by 2050 likely requires at least 4-7 gigatons of CO2 captured per year, meaning that we currently only have one-half of one percent of the CCUS capacity needed today.

Current and Proposed U.S. Carbon Capture Infrastructure

Sources include ClearPath analysis, CATF US Carbon Capture Map, Rextag CO2 Pipelines, and EPA’s Class VI Well Tables as of March 2023

CCUS technologies allow us to mitigate emissions and also support American jobs. Right now, the U.S. truly has the lead on other countries through a combination of engineering expertise, technical leadership, and recently enacted public policy like the 45Q carbon capture utilization and storage tax credit and the Department of Energy’s Carbon Capture Demonstration Projects Program. Going forward, the U.S. needs to find ways to parlay this leadership edge into the potential to export our expertise to support the development of carbon capture technologies in other countries. The services associated with carbon capture can be significantly higher than the physical investment of the technology itself, meaning we will create jobs at home that lead to lower emissions abroad.

Despite our head start, a lot needs to be done to ensure that the massive CCUS scale up in the U.S. occurs. The U.S. is woefully behind on the carbon dioxide transportation and storage infrastructure necessary to give confidence to private sector investors that they will be able to receive a meaningful return on their investment within a reasonable time. A dramatic increase in the number of required Class VI carbon dioxide storage wells, as well as the ability to build out carbon dioxide transportation pipeline systems, is essential. The U.S. currently only has 3 permitted Class VI wells for carbon storage, when we likely need over 600 or more wells to meet long term climate targets.

Beyond that, the U.S. only has 5000 miles of carbon dioxide pipeline. While this is more than anywhere else in the world, it is concentrated in a few geographic regions and is insufficient to meet the needs of a larger scale carbon capture build out. The proposed Heartland Greenway pipeline and Midwest Carbon Express projects, centered around connecting Midwest producers to permitted CO2 storage sites in Illinois and western North Dakota respectively, are two prime examples.

Without addressing these infrastructure challenges, it’s not possible to see the level of buildout that is needed in the long run. To make this happen, the American supply chain needs significant permitting reform, as well as improvements in the ability of both the EPA and states to authorize pipelines and storage wells. Combining these types of reforms with targeted public-private investments like the DOE Carbon Capture Demonstration Program and the 45Q tax credit is the recipe to ensure U.S. competitiveness, not unrealistic mandates as proposed in new EPA regulations on May 11, 2023. Seizing the moment will deliver energy security, a resilient and reliable U.S. grid, and continue to position the U.S. as the leading supplier of technology for global emissions reductions.


Nuclear Energy

The demand for carbon-free technologies that further energy security has never been higher, and the effects of the war in Ukraine on international energy markets are lasting. This makes the expansion of reliable, secure and affordable nuclear power more important than ever.

The International Energy Agency said that the world needs to double the amount of today’s nuclear energy capacity in order to reach net-zero in 2050. That equates to roughly 25 new 1,000-megawatt reactors per year, every year from 2030 to 2050. While this seems daunting, at least eight U.S.-based companies have publicly announced international partnerships to explore deployment in more than 10 countries, and even more are in the works. In addition, more than 52 countries are projected to have markets for advanced nuclear power in the coming decades, representing a potential ~$380 billion per year market opportunity for the American supply chain.

This increase in global nuclear energy demand has coincided with unprecedented momentum in U.S. industry. The U.S. Nuclear Regulatory Commission (NRC) has publicly stated it anticipates at least 13 applications for advanced reactors by 2027. Additionally, American electrical utilities are projecting a need for nearly 90,000 MW of new nuclear power by 2050, essentially doubling the U.S. nuclear energy capacity in the next 30 years.

The nuclear provisions in the EACT and IIJA, as well as the other financial programs like the Loan Programs Office (LPO), can further attract private investment to the sector and accelerate technological innovation that position the American industry to capitalize on a competitive advantage: our abundance of innovative new technologies the global market demands. Today, almost 15 percent of active loan applications at LPO are for nuclear projects. All of these programs prepare the U.S. to be a competitive player in the international market. Concurrently, as we look to develop these new nuclear energy technologies, strong support for the existing fleet is important to energy security today and for the workforce and supply chain of the future.

A robust fuel supply chain and competitive financing will require coordination with our allies. Nevertheless, the market is not uncontested. In fact, over the past two decades, the U.S. and like-minded countries have lost market leadership in this space. Between 2017 and 2022, Russian and Chinese reactor designs captured 87 percent of all new reactor construction globally through their non-market, state-owned enterprises.

Reliance on the Russian nuclear fuel supply chain is particularly troubling. This year, Russia will supply almost 25 percent of our nation’s enriched uranium. While the U.S. and our allies have sanctioned and significantly reduced consumption of Russian oil and gas post-Ukraine evasion, the Russian nuclear industry has largely dodged sanctions due to the Russian bottleneck in the uranium supply chain. Uranium is a global commodity and when looking at the global uranium supply chain, 38 percent of conversion capacity and 46 percent of enrichment capacity are controlled by Russia. Securing the nuclear fuel supply chain will require domestic and allied capabilities to both source and process uranium.

With the growing global market for nuclear energy, the U.S. must seize this moment and prove itself as a competitive alternative to Russian and Chinese energy exports. Key strategic allies like Poland, Ukraine, and the United Kingdom are hoping to partner with American vendors rather than those competitors. Romania is a great example. Against a backdrop of growing mistrust of Chinese investments in Europe in 2020, the Romanian government broke a financing agreement with the China General Nuclear Power Corporation (CGN). Since then, Romania has penned a roughly $9 billion deal to build two new reactors in Cernavoda with a $3 billion loan being provided by the U.S. Export Import Bank.

New and Forthcoming Nuclear Reactors Worldwide

The challenge ahead is project delivery. Recently enacted federal policies, like the clean electricity tax credit, NRC modernization legislation, and new public-private partnerships with the DOE, boost the confidence of investors and end-users needed to commercially scale up reactors domestically and internationally.

To go from building a handful of American reactors to building hundreds of reactors, a few critical barriers to lift off must be addressed.

First, the nuclear fuel supply chain must be secured for both the existing fleet and our next generation of reactors. Industry, the DOE, and Congress must work together to enable a private-industry-led, domestic High-Assay Low Enriched Uranium (HALEU) supply chain. HALEU is essential to the success of many advanced reactor projects, including the two recipients of the Advanced Reactor Demonstration Program (ARDP). Today, Russia is the only source of large volumes of HALEU. Concurrently, the U.S. and its allies must also ensure its demand for Low Enriched Uranium (LEU) for our current fleet and future light water reactors can be met without any reliance on Russia. Ensuring fuel security is paramount to American nuclear expansion.

Second, regulatory modernization is critically important as it is the necessary step between the development of these new designs and commercialization. If America is not proactive with licensing the next generation of designs, the U.S. could fail to meet its clean energy needs and continue to lose ground to China and Russia on innovation. While the NRC is working to modernize, attract new talent, and further its technical understanding of new technologies – efforts that I commend them for – the Commission admits it will still struggle to review these new applications in a timely manner. Understandably so – 13 new applications in the next five years is unprecedented. To lead, the NRC must be structured and incentivized to license the next generation of new reactors differently than they have licensed traditional reactors. The review process can be more efficient, effective and not unduly burdensome without any reduction in safety.

And lastly, the U.S. government and industry must work together to aggressively promote orders for our cutting-edge technologies abroad. Recent actions by countries in Europe, Africa, the Middle East and South Asia have shown that advanced nuclear deployment is highly desired. Nations want clean, reliable, and secure energy. The U.S. and its allies should be the ones to establish these new, 100-year international partnerships in place of our adversaries. The U.S. government must develop a robust and effective interagency strategy to proactively build and enhance relationships with partner nations, as well as create competitive financing and technology packages to offset the growing influence of Russia and China.

There are many new American nuclear projects in the pipeline today, and the robust U.S. supply chain that supports it and existing nuclear operations employs nearly half a million Americans. On average, a person working in the nuclear energy industry makes a higher median wage than any other energy industry and twice the national median wage. Concurrently, there is a 30 billion dollar crossover benefit to our national security between the civilian nuclear industry and the U.S. military, focused on shared research infrastructure, workforce, and supply chain diversity. Fostering the growth of the domestic supply chain and going on offense in the global marketplace could yield tens of thousands of more high-paying, stable jobs as the industry grows.


Critical Minerals

It is difficult to overstate China’s dominance and America’s dependence on foreign supply chains when it comes to critical minerals. According to the 2023 U.S. Geological Survey’s Mineral Commodities Summary, the United States was 100 percent net import reliant for 12 of the 50 individually listed critical minerals and more than 50 percent net import reliant for an additional 31 critical mineral commodities; meanwhile, China was the leading producer for 30 of the 50 critical minerals. Rising demand for minerals will place major stress on global supply chains and undermine the United States’ ability to deploy more clean energy.

In a recent report, the International Energy Agency (IEA) predicts that by 2040, demand for energy-related minerals like lithium, cobalt, graphite, and nickel could grow by 20-40 times.

Regardless of where the minerals are mined, China exerts dominant control over the refining process for each of these critical minerals. According to the IEA, the production of critical minerals used for clean energy technologies is highly concentrated geographically, raising concerns about security of supplies. The Democratic Republic of Congo supplies 70 percent of cobalt today; China supplies 60 percent of rare earth elements; and Indonesia supplies 40 percent of nickel.

Perhaps even more concerning is the fact that the processing of these minerals is even more concentrated. China is responsible for a large majority of the refining of rare earth elements and has demonstrated a willingness to leverage its influence to pursue political objectives. The concentration of mineral supply chains creates risks of disruption from political or environmental events, poor transparency and traceability, and sacrifices the expertise necessary for value-adding innovation and jobs.

While the current Administration has convened a Minerals Security Partnership, along with other regional and multilateral clean energy dialogues with friendly nations such as Australia, Canada, Japan, South Korea and others to address these challenges, both the public and private sector need to do more, faster to ensure reliable and responsible clean technology supply chains.

Absent a clear, predictable, and streamlined process, the U.S. will continue to rely on critical minerals sourced from overseas. These include countries that pose national security risks or those that lack basic environmental and human rights protections. The choice should be clear: producing American resources here at home creates jobs, promotes innovation, increases energy security, and leads to better global environmental outcomes.

Yet, the U.S. struggles to permit projects to unlock these critical minerals. Recent data from Goldman Sachs shows that regulatory approvals for mines have fallen to the lowest level in a decade. This should be the exact opposite because of the substantial demand growth for electric vehicles and other renewable applications. While the Administration has announced awardee selections with a combined total of nearly $5 billion for critical minerals demonstration projects funded by the IIJA or through the Loan Programs Office, there remains one glaring omission in the critical minerals supply chain: only one of these selected projects address our inability to extract new materials domestically.

The House has rightly put permitting reform front and center this year, passing with bipartisan support its signature energy package, the Lower Energy Costs Act, as H.R.1. Provisions in the bill recognize the current system undercuts America’s ability to deploy domestically abundant resources and compete on the world stage. There is real opportunity for this Congress to work on a bipartisan basis to modernize the permitting process and solve this problem.


Conclusion

Thank you again for the opportunity to testify today. ClearPath is eager to assist the Committee in developing innovative policy solutions to ensure a robust domestic energy supply chain in order to ensure a clean, reliable, and affordable domestic energy sector.

We applaud the Committee for taking on this important task to help ensure U.S. leadership of these efforts, including target investments and permit reform here at home that advance innovative technologies to provide clean, reliable, and necessary energy to our nation and the world.

Administration’s Action Has Impact on American Energy Independence

House Committee on Natural Resources Subcommittee on Oversight and Investigations

Below is my testimony before the House Committee on Natural Resources Subcommittee on Oversight and Investigations, entitled “The Biden Administration’s Executive Overreach and its Impact on American Energy Independence” on May 11, 2023.

Watch Jeremy’s Opening Remarks
Read Jeremy’s Full Testimony as Seen Below

Good afternoon Chairman Gosar, Ranking Member Stansbury and members of the Committee. My name is Jeremy Harrell, and I am the Chief Strategy Officer of ClearPath, a 501(c)(3) organization that develops and advances policies that accelerate innovations to reduce and remove global energy emissions.

Thank you for the opportunity to testify today and for holding this important hearing. America’s energy demands are rapidly increasing. Some estimates say the U.S. will need to double the capacity of the grid by 2050 to meet expected clean energy demand. To support that grid modernization and U.S. manufacturing competitiveness, America will simultaneously need to construct tens of thousands of miles of new pipelines carrying natural gas, hydrogen, and captured carbon dioxide from power plants and industrial facilities.

Financing and building enough energy infrastructure projects to meet our nation’s need for reliable, affordable cleaner energy is an immense challenge. Recent projections show that 1,300 gigawatts of new clean energy would need to be added by 2035. This would more than double the grid’s current capacity within the next 12 years. But under the current regulatory environment, this pace of deployment is procedurally impossible.

Never has the phrase “time is money” been more appropriate. Regulatory delays that can last nearly a decade are making projects more expensive, and impeding the U.S.’ ability to deploy billions of dollars of capital that would create American jobs, enhance U.S. energy security, keep consumer costs affordable, and reduce emissions.

The Council on Environmental Quality’s (CEQ) own data shows that on average it takes agencies 4.5 years to issue a Record of Decision for an Environmental Impact Statement (EIS). But the average belies the real challenge. In reality, 10 percent of projects took 10 years or more to reach a Record of Decision. The projects most likely to be held up in permitting purgatory are those that have the potential to offer the greatest benefits to the United States, including reduced energy costs, enhanced energy independence, increased economic opportunity, and lower global emissions.

The current system is broken. The structures in place are overwhelmingly titled toward those who seek to delay or block projects as opposed to those who seek to build. While that dynamic may have made sense four decades ago when policymakers enacted these laws as a response to environmental disasters, today, those laws are being used to block projects that will reduce emissions and improve environmental quality. We need a system that promotes good outcomes – both economic and environmental. The pace and scale necessary to build clean energy infrastructure projects to reliably meet America’s energy demand and reduce emissions is not something the authors of the 1970s environmental laws could have imagined.

The energy infrastructure we need today is simply not getting built fast enough, and throwing federal money at the projects or the agencies reviewing them is not going to substantially change that problem. The combination of permitting delays and “ping-ponged” decisions from Administrations past and present have disrupted the U.S. ability to build to fulfill needs. As a result, it can now take six years to permit carbon dioxide storage locations needed to store billions of tons captured from industrial sites, 16 years to permit an offshore wind farm in Massachusetts, and up to 15 years for a new transmission line from Wyoming to Utah.,, Another important example is the need for timely approval of a new LNG terminal as well as any necessary interstate natural gas pipelines to supply these new terminals. These are just a few of the hundreds of projects held up by the status quo of the current system.

Fortunately, fixing this outdated, broken system is at the top of the agenda this Congress. This Committee has rightly put permitting reform front and center this year, passing with bipartisan support its signature energy package, the Lower Energy Costs Act, as H.R.1.

This bill addresses bottlenecks that make the current system a quagmire: unnecessary duplication, a morass of reviews across multiple agencies, and superfluous legal action. Solving these challenges will reduce emissions, increase production and boost U.S. energy security, all while providing safety and environmental protection for local communities.

Project developers are ready to build today. There is real opportunity for this Congress to work on a bipartisan basis to modernize the permitting process. The important thing is policymakers keep an eye on the prize. Senate action cannot simply water down H.R.1 into something milquetoast that fails to fundamentally change the current regulatory regime.

This is underscored by recent proposals released this month, as leaders in the key Senate committees on both sides of the aisle have put forward their own proposals, including many concepts that match themes included in H.R.1.

As the permitting reform effort continues in both the U.S. House and Senate, I will highlight three key solutions that have been identified by project developers, former federal officials, academics and environmental non-governmental organizations.

  1. Restore predictability to the system;
  2. Provide more streamlined litigation; and
  3. Improve coordination between and among federal, state and local governments.

American entrepreneurs have the wind at their backs to deploy more energy projects now. Congress has come together in a bipartisan manner, with bills like the CHIPS and Science Act and the Infrastructure Investment and Jobs Act (IIJA), to bring new technologies to the market and invest in American supply chains. 2022 saw record industry investment in energy, with the largest boost in recent years coming from the power sector.

But again, simply spending more money on new projects will not necessarily make them a reality. Without meaningful permitting reform, there is a real risk that these major investments in technologies that the globe needs, such as carbon capture, advanced nuclear, and geothermal will go unrealized. And the U.S. will miss out on an opportunity to lead a global energy transformation.

While these challenges are numerous, Republican and Democratic policymakers have never been more closely aligned on the need for significant permitting reform. Whether the motivation is climate, economic growth, more energy production, or energy supply chain security, it is well-past time to fix what is broken, as America’s energy, environmental, and economic future depends on sweeping reform.


Restore Predictability to the System

Reform must flip the permitting paradigm from one that favors stopping a project to one that expedites the approval process for projects that bring net benefits and comply with the legal requirements meant to ensure clean water and clean air. This approach would rely on a three-pronged approach that automatically advances projects with significant net benefits, focuses environmental and permit review on uniquely local conditions of a project on an accelerated timeline review, and keeps the relevant agencies within the boundaries of the laws Congress has enacted. Many of these concepts were included in H.R.1, and it is important a final bill doubles down on the concept and maximizes their impact.

First, projects that do not have an environmental impact should be granted immediate approval. For example, replacing a retiring power plant with a zero-emissions advanced nuclear generator at an existing site or building a solar project on a brownfield site should not require a yearslong permitting process. Advancing these types of projects without delay is a win-win. The economic and environmental benefits of these projects should not be delayed by unnecessary bureaucracy.

There should be criteria to prequalify technologies that are proven to have minimal environmental impacts and immense positive outcomes – similar to “permit-by-rule” concepts some states have implemented. In other words, there should be a presumption of project approval so long as the specifics of a project satisfy certain predefined criteria. In many cases, this would alleviate the requirement to do unnecessary boilerplate re-analysis.

One starting point could be to automatically advance projects that have nationally significant outcomes, like enhancing resilience of the grid or a significant reduction of global emissions, where the environmental impacts of development are well known. For example, a carbon capture retrofit of an existing facility, the modernization of a grid substation, or powering of a non-powered dam. H.R.1 took a similar tack for energy storage projects at existing facilities and maintenance or upgrades to existing transmission and distribution infrastructure.

Similarly, designating a list of prequalified geographic areas to encourage project sponsors to seek out specific locations, would go a long way towards accelerating projects with the lowest impact. Such areas could include previously disturbed locations or well categorized sites, such as brownfield sites that present opportunities to use existing electrical or mechanical infrastructure or former military bases. The environmental impacts to these locations related to energy deployment are minimal, and in many cases these locations are in or near communities that need the redevelopment most urgently. Congress could also consider regulatory incentives to direct investment toward areas where impacts are already well understood.

Another opportunity could be to pair existing financial incentives, such as the “Opportunity Zones” or “Energy Communities” classifications established by Congress, with a streamlined permitting process to further boost investment. Both Opportunity Zones and Energy Communities were established by Congress to drive investment in distressed areas and communities that would benefit the most from new energy investments. Matching financial incentives with regulatory certainty will create a clear signal to project developers during the site selection process. Coordinated incentives like these can help drive investment to previously underserved areas and ensure the benefits of clean energy reach these communities without unnecessary delays.

Some of the most egregious problems of our broken system would be solved by this type of reform. For example, nonsensical approaches to geothermal exploration inhibit our ability of scaling baseload clean energy at scale. The Department of Energy estimates that geothermal generation could double by 2035 if our immense potential was unleashed. But concurrently, the Department found that “because additional steps and NEPA analyses are required, confirming the resource is more costly and risky,” translating to permitting timelines of 5–7-years, rather than a 1–3 year period that would otherwise be available with a categorical exclusion.

Geothermal energy uses similar technology as oil and gas exploration and drilling activities. When oil and gas uses this technology, these resource confirmation (e.g. exploration) activities benefit from statutory authority enacted by the Energy Policy Act of 2005 that expedites five types of development activities. However, when the same mechanisms are used to confirm a geothermal energy resource, the expedited pathway does not apply. As a result, two very similar methods to test for resource feasibility must undergo substantially different permitting reviews despite both having negligible environmental impact. The Bureau of Land Management has the authority to administratively grant this same expedited pathway for geothermal energy resources, yet has wrung its hands for years rather than simply updating its regulatory guidance. This system is clearly broken.

Further, departments should proactively consult with other agencies to identify existing NEPA categorical exclusions available to accelerate development of energy infrastructure projects. DOE’s recent Request for Information (RFI) to adopt new Categorical Exclusions is a model that should be replicated across other federal agencies.

Second, reform must streamline the approval process for projects where there are unique environmental impacts. In these cases, the review process could focus specifically on issues of the highest impact, resulting in more efficient timelines that still ensure compliance with existing environmental laws.

There are several provisions that have earned broad bipartisan support, including applying the “One Federal Decision” framework to energy projects. Similar support exists to reuse existing environmental review documents when a project will have substantially similar impacts as one previously studied. These provisions are both included in H.R.1 and other proposals that have been recently made public. Those principles should be expanded upon.

One immense opportunity that could be fostered by reforms like this is in new nuclear technologies. The U.S. Nuclear Regulatory Commission (NRC) has publicly stated it anticipates at least 13 applications for advanced reactors by 2027, technologies that could bring safe, flexible, and reliable clean energy to our energy system. Decades of operation have shown that nuclear energy has a minimal environmental impact. Future designs hold the same promise.

Since the dawn of the nuclear age in the 1950s, nuclear reactors have been supplying Americans with clean, reliable, and affordable energy. On a bipartisan basis in the 115th, 116th, and 117th Congresses, legislation has been passed that strengthens the U.S. nuclear industry. However, except for the Vogtle Unit 3 reactor that recently came online in Georgia, the vast majority of nuclear plants in the United States were constructed over 40 years ago.

That is changing today. The advanced reactor market is at an inflection point. Investors and potential end-users are closely watching first-of-a-kind utility-scale projects eyeing the late 2020s and early 2030s for commercial operation. American electric utilities are projecting a need for 90 GW of new nuclear power by 2050, nearly doubling our nuclear energy capacity in the next 30 years. Simplifying the permitting for projects like TerraPower’s flagship project in Kemmerer, Wyoming, which is leveraging the infrastructure at a retiring coal plant, is a no brainer. A nuclear facility is different from a coal-fired power plant, but many of the environmental factors that must be considered are similar. Additionally, many advanced reactors are looking to develop alongside industrial facilities or existing nuclear sites, where previous environmental analysis and community engagement has been extensive. A rational permitting system would leverage that work to accelerate exciting projects, not force needless duplication.

Third, federal action can no longer vacillate according to political whims, particularly when the Congress has acted. Given long development timelines needed to bring a project from financing to construction, project developers need to be able to rely on regulatory certainty from one Administration to the next. This need is perhaps most acute for projects that seek to unlock critical minerals.

While the Administration has announced award selections worth a combined total of nearly $5 billion for critical minerals demonstration projects funded by the bipartisan infrastructure bill and other new programs, there remains one glaring omission in the critical minerals supply chain: none of these selected projects addresses our inability to extract new materials domestically. The International Energy Agency (IEA) predicts that demand for energy-related minerals like lithium, cobalt, graphite, and nickel could grow by 20-40 times by 2040. The U.S. will not be able to recycle its way out of this demand for critical minerals.

It is difficult to overstate the U.S. dependence on foreign supply chains, including reliance on China. According to the 2023 U.S. Geological Survey’s Mineral Commodities Summary, the U.S. was 100 percent net import reliant for 12 of the 50 individually listed critical minerals and was more than 50 percent net import reliant for an additional 31 critical mineral commodities. Meanwhile, China was the leading producing nation for 30 of the 50 critical minerals. Regardless of where the minerals are mined, China exerts dominant control over the refining process for many of these critical minerals. Rising demand for minerals will place major stress on global supply chains and undermine the ability of the U.S. to deploy more clean energy.

One of the most prominent examples of America’s inability to permit mines is Resolution Copper, which Congress explicitly authorized when the Southeast Arizona Land Exchange and Conservation Act was enacted into law with the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (P.L. 113-291). Once approved, the proposed mine is expected to become the largest copper mine in North America, capable of producing up to 25 percent of U.S. copper demand each year. The proposal received a final EIS in January 2021, only to have it unpublished by the Biden Administration two months later. The Administration is explicitly subverting Congressional intent with this project. These unnecessary delays precede a decade of construction before operations can begin, bringing the project timeline to at least two full decades from its inception.

This back and forth regulatory review is far too common. The Resolution Copper Mine is just one of many examples. And the regulatory overreach deters investors, increases capital costs, and delays the energy security benefits of developing a robust domestic supply chain for clean energy and related infrastructure.

Absent a clear, predictable, and streamlined process, America will continue to rely on critical minerals sourced from overseas, including from countries that pose national security risks or those that lack basic environmental and human rights protections. The choice should be clear: producing American resources here at home creates jobs, promotes innovation, increases energy security, and leads to better global environmental outcomes.


Provide more streamlined litigation

Once a project is approved, any further adjudications should be addressed as expeditiously as possible to ensure that protracted litigation does not undermine project viability. Judicial review is the biggest wildcard in the current permitting system, and H.R.1 appropriately recognized it as an area that could have the most meaningful impact towards efficient project deliverability. Establishing requirements where any legal disputes must be resolved in less than one year would meaningfully address this uncertainty.

In the spirit of the current system rewarding those who seek to delay rather than those who seek to build, litigation under NEPA has become the favored tool of those who seek to indefinitely delay projects through procedural lawsuits. Such prominent examples include the saga of the proposed Cape Wind project off the coast of Massachusetts, where protracted litigation, including more than 20 administrative and judicial challenges to both federal and state reviews, ultimately led utilities to cancel power purchase agreements, effectively killing the project. While no single suit ever specifically terminated the project, the purposeful delay tactics requiring evermore environmental analysis ultimately led investors to pull the plug. This same playbook is now being used to protest the approval for the Vineyard Wind project, despite new state laws that mandate utilities to procure offshore wind energy.

The Atlantic Coast Pipeline (ACP) is another prime example in which legal uncertainty contributed to an untenable business environment leading project developers to cancel the project and take a loss. ACP was intended to bring natural gas access to residential, commercial, defense, and industrial customers in Virginia and North Carolina, but legal challenges to federal and state permits contributed to more than three years of delays and increased project costs from $8 billion from an original estimate of $5 billion.

Additionally ,the Mountain Valley Pipeline (MVP) from northwestern West Virginia to southern Virginia has also attracted extensive Congressional attention because of similar uncertainty. No doubt, the expected build out of gas, hydrogen, and CO2 pipelines needed to meet our future system demands requires a more predictable process for the private sector to deliver on these projects.

As more clean energy projects enter the permitting process, clean energy projects will increasingly find themselves subject to these delay tactics. Such actions too often delay significant economic and environmental benefits, like new clean energy generation from that wind farm or the net reduction in global emissions from the use of lower emissions U.S. gas relative to dirtier Russian supplies in Europe. These increases in emissions or environmental harm are the very outcomes that NEPA was enacted to avoid and prevent.

Any changes to judicial review must balance a plaintiff’s right to have his or her day in court with the goal of reaching finality on a more predictable timeline. One such proposal would be to immediately elevate any legal challenge under NEPA to the federal appellate court where the project is to be constructed or alternatively the DC Circuit. This would be similar to the process already used to challenge agency decisions, including those made by FERC.


Improve Coordination with State and Local Governments

Finally, it is important to recognize and address, to the maximum extent practicable, challenging permitting projects at the state and local level – without trampling on federalism.

An example of an unpredictable regulatory environment is the prolonged delay to review and approve permits for Class VI underground injection control wells needed to permanently sequester carbon dioxide. Class VI wells are a necessary part of the carbon capture equation of preventing more emissions and are the only authorized method permitted by the Environmental Protection Agency (EPA) to sequester carbon dioxide in permanent geologic storage.

While many states have long held primary enforcement authority for other well classes, only North Dakota and Wyoming have received primacy for this newest well class established in 2010. Congress rightly included provisions in the 2021 Consolidated Appropriations Act and the IIJA directing the EPA to support states applying for Class VI primacy and to actively improve the Class VI permitting review process.

The advantages of state primacy for Class VI wells are readily apparent in North Dakota. Whereas the EPA has taken an average of three years to permit Class VI wells, it took North Dakota only five months. The EPA currently has more than 70 pending applications across eight states awaiting regulatory approval.

This backlog is a prime example of where this Administration is working against its own priorities. The Department of Energy is investing billions of dollars to deploy new carbon capture technologies now, while the EPA muddles through reviews of storage sites at a palatial pace and the Department of the Interior stands in the way of related infrastructure projects across regions prime for commercial scale up.

The most egregious example may be in Louisiana. After years of delay, the Administration finally issued the draft rule necessary to approve Louisiana’s request for Class VI primacy earlier this month. This initiates a 60-day comment period and a subsequent EPA response period that historically can take upwards of a year for a state to be granted final authority. Once final, the decision is likely to have an immediate impact as 10 of the current outstanding Class VI permits are located in the state, which could unlock up to 6 million tons of carbon dioxide per year in Louisiana alone. If Republican and Democratic policy makers did not lean into the federal agencies in recent oversight hearings, this rule would likely still be stuck in the bureaucracy.

It is clear that the time to transfer Class VI authority should be improved for the other states looking to obtain primacy such as Pennsylvania, Arizona, Texas, and West Virginia, which are preparing applications for Class VI primacy. To date, primacy is the number one tool to get these projects permitted quickly, while preserving the safety of local communities. Additionally, this would allow federal agencies to focus their energies on permits in states not-yet equipped to take on permitting primacy or accelerate review of storage opportunities on federal lands or the Outer Continental Shelf, which have immense potential to contribute to our long-term energy future.

Similar barriers exist for proposed transmission lines that can better connect both new and existing generation assets to load as timelines to get new transmission projects developed now routinely stretch to over a decade.

One example is the SunZia line, designed to move power from New Mexico to California. The 550 mile line required cooperation from 10 federal agencies, 5 state agencies, and 9 local authorities while incorporating input from a host of additional state, local, and federal stakeholders. Projected to come online in 2025, the 3.5 GW project, which would provide power for millions of customers, will have taken over 17 years from proposal to completion. These timelines, complicated by the intersection of different requirements from federal, state, tribal, and local regulators, impede the ability of new projects to interconnect to the grid.

According to the Lawrence Berkeley National Lab, there are 2000 GW of electricity and storage waiting in the interconnection queue to be connected to the grid. While not all of these projects will be built, this figure is nearly double the current system capacity as it exists today. This backlog is especially relevant as hundreds of gigawatts of clean energy projects spend years stuck in the interconnection process, awaiting evaluation by transmission providers to determine their impact on the broader system. An average completion rate of 21% and queue wait time of 4 years makes meeting any target for a reliable and affordable clean energy system infeasible. It is also important to note that analysis recently conducted by the regional transmission organization (RTO) PJM estimates that 40 GW of baseload generation, more than 21 percent of current installed capacity, is at risk of retirement by 2030 without reliable generation lined up to replace it and keep up with demand growth.

While there is no silver bullet to rapidly and reliably modernize the grid, a combination of process improvements, permitting reforms, and technological innovation will help avoid clean energy deployment from hitting a wall.


Conclusion

The current permitting system stymies clean energy resources and broadly delays the highest impact projects from delivering benefits. It is imperative that Congress address both aspects of the permitting process to maximize public and private sector investments and put steel in the ground. These pillars of pre-qualification to expedite review, more streamlined litigation, and improved coordination with state and local governments are priorities that merit consideration as the process to reach a permitting deal moves forward.

These reforms are ambitious by design as half measures have failed to move the needle for more than two decades. Anything less will only prolong the inability of the U.S. to build big things.

We look forward to working with this Committee to both further legislative action on regulatory reform and to reign in Executive Branch overreach. I look forward to today’s discussion.

Promoting Sustainable Environmental Practices Through Trade Policy

House Committee on Ways and Means Subcommittee on Trade

Below is my testimony before the House Committee on Ways and Means Subcommittee on Trade, entitled “Promoting Sustainable Environmental Practices Through Trade Policy” on December 14, 2022.

Watch Rich’s Opening Remarks
Read Rich’s Oral Testimony
Read Rich’s Full Testimony as Seen Below

Good morning Chairman Blumenauer, Ranking Member Smith and members of the Committee. My name is Rich Powell, and I am the CEO of ClearPath, a 501(c)(3) organization devoted to accelerating breakthrough innovations to reduce emissions in the energy and industrial sectors. To further that mission, ClearPath provides education and analysis to policymakers and collaborates with relevant partners to inform our independent research and policy development.

Given this Committee’s vital role in America’s energy trade policy, and how that relates to the global climate challenge, I will discuss three key topics today:

We must not ignore that the climate is changing, and global industrial activity is contributing to it. We hear that statement from the oil and gas industry, power companies, the agriculture sector and the folks running our supply chains. Everyone is clear: it’s time to talk about solutions.

We can’t damage the economy in our efforts. And the good news is, we can point to solutions that are good for the economy and the environment. There are exciting opportunities to develop new clean energy technologies. Rapidly scaling and diversifying American clean energy technologies can reduce global emissions, foster economic growth, and provide safe and reliable energy on a global scale. If done right, solutions can meet the needs of everyday Americans and reduce household costs, while also lowering global emissions. It can also help with U.S. soft power by providing developing countries energy to improve their own economies and provide them with an alternative to projects with China and Russia.

But far too often, energy and climate change policy is oversimplified to false choices. Renewables versus fossil fuels, economy versus environment, emissions reductions around the world versus inaction here at home — these false choices ultimately cloud potential solutions. We can invest in innovative emissions reduction technologies alongside improved trade policies. Ultimately, we will need both.

Most studies suggest that climate change has intensified, but you don’t need a study to see the impacts across the U.S., and in American communities, and you don’t have to study science to realize the global market for new clean energy technologies is getting competitive. Other countries are rapidly investing in clean energy, with total investment in 2022 estimated at $1.5 trillion. Remaining a global energy leader by building and exporting clean energy technologies and products is one of the greatest economic opportunities for the U.S. available today.


Think global, and lead with America first

Ongoing aggression and coercive tactics by Russia and China underscore the need for the United States to both be energy secure and provide our allies access to technologies and resources they need to reduce their reliance on adversarial nations while reducing emissions.

The world is looking to U.S. leadership and we need to work with our allies and trading partners to tackle the global climate challenge, ensure reliable and responsible supply chains for clean technology, and grow our respective markets for these technologies. Concerted action with our friends around the world through American leadership is an essential counterweight to other nations that do not have our best interests, nor the world’s climate, at heart.

Trade policy is a critical aspect of achieving this. For instance, recent painstakingly negotiated trade agreements like the U.S.-Mexico-Canada Agreement promote American industrial standards abroad. These help create the international economic conditions to support clean technology innovation and deployment, while establishing a bulwark against nations that do not adhere to such standards. Our network of trading partners is a powerful dimension of American leadership and should be continually expanded, in part, to help combat environmental arbitrage.

Critical minerals represent another area where we need to lead and expand our global trading relationships with like-minded countries to strengthen our clean energy supply chains. Mineral supply is an economic, environmental, and security imperative. The International Energy Agency (IEA) estimates that global demand for minerals for energy systems will quadruple by 2050, creating market demand in the hundreds of billions of dollars. A new energy revolution is going to require an enormous amount of resources like lithium, copper, cobalt, graphite, and nickel. Currently, China dominates the supply chain and dependence on China increases global emissions and handicaps American businesses. At present, China has a dominant position in extraction, and especially processing, of minerals necessary for energy. Its midstream market share ranges from 35 percent to 60 percent of critical mineral supply and 80 percent of rare earths. The concentration of mineral supply chains creates risks of disruption from political or environmental events, poor transparency and traceability, and sacrifices the expertise necessary for value-adding innovation and jobs.

Relatedly, nearly 50 countries have markets for advanced nuclear power, a potential $500 – $740 billion market opportunity over the next 10 years, but Russia and China currently account for about two-thirds of reactors under contract worldwide. Furthermore, Russia controls 46% of uranium enrichment capacity, meaning that the near-term uranium supply for the United States is threatened. It is essential that the array of innovative new American nuclear technologies nearing commercialization accelerate through our own federal licensing and permitting process and then towards the global market, while we onshore and nearshore the nuclear fuel supply chain.

While the current Administration has convened a Minerals Security Partnership, along with other regional and multilateral clean energy dialogues with friendly nations such as Australia, Canada, Japan, South Korea and others to address these challenges, both the public and private sector need to do more, faster to ensure reliable and responsible clean technology supply chains. Similar to how the U.S. has scaled up trade networks for crude oil and natural gas or how we are working with allies to commercialize energy storage, we can apply our talents for creating market-driven goals to develop alternative trading relationships for additional key energy technologies and their materials sourcing requirements.


Unleash American resource development

Energy intensive industries operate on very low margins and often face unfair international competition. We can’t afford to disadvantage American industry by saddling it with overly complex permitting processes and compliance requirements, nor should we neglect some of our most practical clean energy resources such as natural gas or nuclear energy. The fact is, American manufacturing is among the cleanest in the world. Global industry – China in particular – is much dirtier than U.S. industry. Numerous U.S. laws, programs, technology innovation, and voluntary actions by our industry have resulted in a much cleaner economy, and we need to level the playing field so America can remain a global leader.

We should focus on returning manufacturing to the U.S. using clean American energy technology, where production is more efficient and environmental performance is far superior to places like China or Russia. For example, American steel has the second lowest CO2-intensity of any country, and investors are clear they want clean and affordable steel. Two-thirds of U.S. steel is already produced using recycled steel and an all-electric process – and new processes are being demonstrated that make high-grade steel without any emissions. Yet, America is the largest importer of steel in the world. America must find a way to increase domestic production, reduce its reliance on foreign sources, and increase exports around the world that adhere to our strong environmental standards.

Getting the domestic policies right, will allow us to scale up our clean technologies by driving down costs, and we already have a perfect model for how to do this.

We often hear about public-private partnerships in the clean energy space, and for good reason. Hydraulic fracturing is one of the biggest success stories on this front — thanks to research, development, and deployment efforts supported by the Department of Energy (DOE), a breakthrough made by a Texas entrepreneur in the 1970s has become the most affordable source of 24/7 power in America.

George Mitchell figured out how to break up shale rocks to release the natural gas stuck inside. This process, known as hydraulic fracturing, initially got off the ground with support from DOE, which cost-shared research, development and demonstrations in the 1970s and 1990s, as well as tax credits from the 1980s to early 2000s.

Combined-cycle natural gas turbines now produce 24/7 reliable, affordable power. That early stage investment and production tax credit, together more than $10 billion, both expired as the technology matured. Now we have a $100 billion annual shale gas market in America, and saw emissions lower by 20% in the U.S. between 2005-2020. This is driving our rapid expansion of American gas into global markets that can be used to displace unmitigated Chinese coal or Russian gas, over time.

We should also accelerate American nuclear fuel production and expedite the deployment of emerging technologies such as advanced nuclear small modular reactors (SMRs). SMRs have the ability to deliver zero-carbon power generation, be built more rapidly, and at lower costs than traditional reactors. We lead the world in SMR-related patents, but countries, namely Russia, dominate uranium mining and enrichment capacity, thus limiting market potential. Russia and China are already operating next-generation gas and liquid metal cooled reactors, which the U.S. originally pioneered in the 1960s. Here, we should focus on building up our own fuel production capacity and again work with friendly and trusted trading partners such as Australia and Canada as alternative potential sources for uranium. We must modernize the licensing process for new nuclear reactors.

Unfortunately, we have neglected one of our most clean and abundant resources – geothermal energy. The geothermal resources under our feet could literally power 10% of the entire country, if properly tapped, and lead to the export of this scalable, clean energy technology abroad. We should fix the permitting processes on public lands that hold back geothermal developers to develop the technology here first.

The U.S. is well positioned to be a global leader in the production of low-carbon hydrogen, particularly hydrogen made from natural gas with carbon capture. Our abundant renewable and natural gas resources, CCUS technology, and related infrastructure are all key enablers for our potential capabilities with low-carbon hydrogen.

We made significant progress over the past year. In particular, the energy portions of bipartisan Infrastructure Investment and Jobs Act (IIJA) enacted last year includes significant funding for energy programs originally authorized by the Energy Act of 2020, signed into law by President Trump, as well as a number of new energy and climate programs.

Just last week, ClearPath launched a tracker to follow the status of the Department of Energy’s implementation of the energy programs funded by the bipartisan Infrastructure IIJA, because with great investment of taxpayer dollars comes great accountability. We’ve been able to visualize the progress the Administration has made on awarding projects with the infrastructure funds to help ensure we are making the best use of this investment in ourselves and bringing these projects to fruition.

We appreciate the focus of the House Republican Energy, Climate and Conservation Task Force on rolling out policies to unlock American resources, accelerate American innovation, cut through red tape, and invest in ourselves so that we can advance U.S. clean technologies globally to lower emissions and beat our adversaries who wield energy as a weapon.

To unleash clean American energy technologies, the U.S. and our trading partners will need to rapidly develop economies of scale and advance R&D to reduce costs and remain competitive with the rest of the world. This will also require greater international alignment on what constitutes zero- and low-carbon energy sources, such as blue hydrogen, to help facilitate trade. Technological innovation, the American entrepreneurial spirit, and targeted free market incentives have made the United States one of the most carbon efficient economies in the world. We should prioritize policies that encourage the private and public sectors to accelerate down that path.


American clean energy exports

If we are successful at rapidly increasing the total amount of clean energy technologies deployed domestically, driving down their cost, and holding the lead in product quality through R&D, then we will have a significant opportunity to boost our exports of these technologies.

The economic opportunity for the U.S. is remarkable. A recent report from Boston Consulting Group estimated the Serviceable Addressable Market (SAM) for six key clean energy technologies (clean steel, hydrogen, long-duration energy storage, EVs, direct air capture, and advanced nuclear SMRs). These alone have a domestic SAM of $9 to $10 trillion through 2050. Potential U.S. exports across these technologies in 2050 could reach roughly $330 billion annually. Additionally, the adoption of these technologies alone could reasonably enable 20 Gt/yr in global emissions abatement if adopted at scale by 2050.

Additionally, we should fast-track decisions on things like American natural gas and hydrogen export facility permits to get our clean, and cleaner, fuels to global markets faster, rather than watch as global allies get their energy from hostile nations, or even get cut off.

While energy prices here at home remain elevated, Europe has seen even more dramatic price spikes given its tenuous energy supply chain. As part of Europe’s drastic rethinking of its energy mix, U.S. liquefied natural gas (LNG) has become a critical lifeline to the European Union as it continues to wean itself from Russian gas.

In fact, the U.S. is now the leading producer of oil and natural gas in the world, exporting our LNG to 39 countries. But just as importantly, a life cycle analysis conducted by the Department of Energy’s (DOE’s) National Energy Technology Laboratory shows that American LNG exports can be up to 30% cleaner than Russian natural gas. So, the United States is in a prime position to lead global action on LNG, while boosting our exports, creating jobs, reasserting America’s global technology and resources leadership over Russia and China, and driving down global emissions all at the same time.

Focusing for a moment on hydrogen, because of our abundant domestic energy resources, the U.S. can be a dominant exporter in this domain as well, but there is a global race to capture that market. Many countries, like Japan, South Korea, and the EU, are beginning to include hydrogen in their decarbonization efforts but are unable to produce the necessary amounts domestically. It’s estimated that cumulative global demand is roughly 1 – 2 billion metric tons. American clean hydrogen could competitively meet that demand with low-carbon hydrogen and ammonia hydrogen produced from natural gas with a high rate of carbon capture as well as from renewables. Several U.S. regions are poised to benefit from hydrogen exports. These future hydrogen hubs are able to support hydrogen production capacity and delivery infrastructure and can include major industrial centers and geologic storage capacity for carbon dioxide sequestration.

In the wake of the Russian invasion of Ukraine, it has become clear that civil nuclear exports are vital to our core national interests and other countries are looking at the U.S. to lead. They recognize that partnering with Rosatom is a bad deal that locks them into a 60-100 year relationship with Russia. In particular, Eastern European countries have been inking MOUs and contracts with the U.S. – Poland signed up for several U.S.-designed AP1000 reactors, and Romania plans to build a NuScale small modular reactor. We already know that not all countries play fair, and the U.S. must leverage the numerous financing tools at our disposal to support nuclear energy exports. These tools include utilizing the Export-Import Bank and the U.S. Development Finance Corporation, which lifted their ban on nuclear energy two years ago.

We should also look at new authorities that may be required to support nuclear energy exports. A significant piece of legislation, the International Nuclear Energy Act (INEA), passed out of the Senate Foreign Relations Committee just last week by voice vote. The companion bill in the House was introduced by your colleagues Reps. James Clyburn (D-SC) and Byron Donalds (R-FL) in October. INEA creates a national strategic plan for nuclear energy exports and will be essential to competing against China and Russia. Future enactment of this bill will result in sustained industry, high-paying jobs, abundant clean energy for developing nations, and strong international partnerships.

There is more to be done for international nuclear energy. As I mentioned previously, Russia and China dominate nuclear energy development today and offer significantly stronger incentives to partnering countries. The U.S. needs stronger coordination between agencies and a fast-track nuclear energy export process for allied countries. Additionally, we must fully end our reliance on Russia for nuclear fuel and establish a domestic fuel industry that can support both the U.S. and its allies. None of these tasks are easy, but they are worth doing.


Necessary Next Steps

Trade policy is critical to creating a global economic landscape that supports innovation and deployment of clean energy technology. For years, the United States led negotiations on a high-standards Environmental Goods Agreement, and although the negotiations were not completed, significant progress was made.

We appreciate the efforts that Reps. Kevin Brady (R-TX), Adrian Smith (R-NE), Suzan DelBene (D-WA), and other members of this subcommittee have devoted themselves to raising the importance of an Environmental Goods Agreement with the Administration.

We need to get back to the lead position at the negotiating table.

For many of the clean energy products under consideration for an Environmental Goods Agreement in the past, U.S. tariffs are already very low compared to tariffs imposed on American-made products by countries with whom we would want to negotiate. Accordingly, an Environmental Goods Agreement would help open international markets to U.S. clean energy technologies – like the ones I’ve discussed – with little disruption to our domestic market.

An ambitious Environmental Goods Agreement would go a long way to reduce the price of U.S. clean energy technologies abroad, making them more viable across the developed and developing world, thus helping to reduce carbon emissions and supporting American jobs.

We need to be thoughtful and forward-leaning in our opposition to China’s belt-and-road initiative for clean energy infrastructure projects. For many countries looking to continue their economic development, China is often their primary financing partner. The U.S. must use its authorities at Commerce, State, Development Finance Corporation (DFC), U.S. Trade and Development Agency (USTDA), and the Export-Import Bank of the United States (EXIM) to provide an alternative partner, while also supporting clean energy manufacturing here in the United States. These agencies offer robust financing options for technologies important to the developing world. Due to the size of these energy projects, almost every major project requires financing backstops from the exporting country. Cementing the mission of clean energy exports and development in these agencies by law will go a long way to building new clean energy markets globally for American products. This will further ensure that future energy projects in developing countries emit less and eliminate forced labor, particularly as it relates to current human rights violations throughout the existing supply chain in China.

To address a massive global challenge like climate change, every tool must be available. No country will use a single clean power technology – every country will need to find the right mix given its national circumstances, resource endowments, and pre-existing industry.

Thank you again for the opportunity to testify today. ClearPath is eager to assist the Committee in developing innovative policy solutions to ensure US leadership in international clean energy trade. We applaud the Committee for taking on this important task to help ensure the appropriate action, including trade policies that will help advance innovative technologies to provide clean, reliable, and necessary energy to our nation and the world.

Accelerating Energy Storage Solutions

U.S. Senate Energy and Natural Resources Committee

Below is my testimony before the U.S. Senate Energy and Natural Resources Committee, entitled “Opportunities and Challenges for Deploying Innovating Battery and Non-Battery Technologies for Energy Storage”. on September 22, 2022.

Watch Spencer’s Opening Remarks

Good morning Chairman Manchin, Ranking Member Barrasso, and members of the Committee. My name is Spencer Nelson, and I am the Managing Director of Research & New Initiatives at ClearPath, a 501(c)(3) organization devoted to accelerating breakthrough innovations to reduce emissions in the energy and industrial sectors. To further that mission, ClearPath provides education and analysis to policymakers and collaborates with relevant partners to inform our independent research and policy development. An important point – ClearPath is supported by philanthropy, not industry.

Thank you for the opportunity to be here. It is a privilege to testify before you today after working as Professional Staff for Senator Murkowski last Congress developing the Energy Act of 2020. I have great respect for the work of the members of this Committee and its staff across its entire jurisdiction. While the Energy Act made great progress to advance energy storage, the Committee’s work in this area is far from over. There is great opportunity for supporting new energy storage technologies that bolster both baseload and renewable resources, and American innovation will play a key role. I will discuss four key topics today:


1. The Valuable Role of Energy Storage on the Grid Today

America’s power grid is incredibly complex. It must balance hundreds of gigawatts of power demand with supply in real time over thousands of miles, with the potential for sudden disruptions due to weather, mechanical issues, or other unexpected disruptions like cyberattacks. The system relies on an intricate network of transmission and pipelines for the transportation of energy. As the American economy grows, the grid transitions to lower carbon resources, and consumer preferences change energy supply needs, our nation’s grid operators face immense challenges. There are few places where this is more evident than the State of California, where a recent statewide grid emergency was declared to deal with record high energy demand due to blistering summer heat. The need for more firm, flexible electricity generation along with new grid-scale energy storage solutions to maximize reliable, affordable, and clean energy has never been more urgent.

Energy storage is not new to the electric grid. The energy storage technology with the greatest capacity in the United States today is pumped storage hydropower (PSH), in which water is pumped up or down a mountain when electricity demand is low and allowed to flow through a generator when demand is high. The first PSH plants were built a full century ago in the 1920s. PSH has historically been a tremendous asset by providing daily and weekly load shifting for baseload power generators like nuclear and coal power plants.

Innovative grid-scale technologies are opening up new roles for energy storage on the modern electric grid. Energy storage technologies now provide a wide variety of market services, including, but not limited to:

While PSH remains the largest energy storage technology by capacity in the United States today, lithium-ion batteries are dominating new capacity additions. Boosted by the global development of electric vehicles, the cost of lithium-ion battery packs has fallen 90 percent since 2010, bringing down the cost of grid-scale batteries 75 percent along the way. Lithium-ion batteries have grown tremendously; reaching nearly 7,000MW of generation capacity on the grid, a 920 percent increase since just 2017. Looking ahead, there is 421GW of energy storage in the interconnection queue waiting to be added to the grid, nearly all of which is in the form of lithium-ion battery technology. For context, this is equivalent to 40% of the total U.S. electric grid’s capacity.

The growth of grid-scale battery storage provides real benefits to the grid. During the 2022 California summer heat wave, batteries provided more than 3 GW of power during the hours of peak demand, which helped avoid blackouts. Without the deployment of battery storage technology, outages would have been widespread, at tremendous cost to both California’s economy and the state’s residents.

Elsewhere, storage is being developed as a transmission asset. In places where additional transmission capacity is only needed for a few hours a day, adding storage assets to the grid can help avoid significant costs that would otherwise be borne by ratepayers.


2. The Long-term Limits of Lithium and the Importance of Alternatives

While lithium-ion grid-scale batteries are useful and will likely have a role to play for the foreseeable future, there are several drawbacks to consider. First, the geopolitical implications of lithium-ion batteries are severe and tragic. The current most common form of lithium-ion batteries uses nickel-manganese-cobalt (NMC) cathodes, which rely heavily on a variety of critical minerals that are not readily available in the U.S. The current supply of these materials is concentrated in Australia, Chile, Democratic Republic of the Congo, and Russia, but the majority of processing and manufacturing comes from China. In 2021, China controlled two-thirds of lithium pre-processing facilities, as well as 77 percent of production capacity worldwide. Based on current trends, China will still hold 67 percent of global lithium ion cell capacity in 2030.

Critical Minerals Production and Refining by Country

Source: Bloomberg

Global demand for critical minerals used in battery storage is expected to skyrocket – reaching between 180,000 and 300,000 tons by 2030, compared with 25,000 tons today.

Another challenge with lithium-ion batteries tied to electric vehicles is that as the demand for EVs increases, so does the price of lithium. Prices for lithium carbonate have increased from $5,000 per ton in mid-2020 to $70,000 per ton in 2022 as demand has skyrocketed and supply has flatlined. This cost curve is unsustainable.

Nickel and cobalt prices have also been highly volatile over the last year (due in part to the war in Ukraine), leading many in the stationary energy storage market to begin a transition towards lithium-iron-phosphate (LFP) chemistries, which utilize more earth-abundant minerals in return for lower round-trip efficiency. This shift could offset some of the cost and geopolitical risks of non-lithium critical minerals, but does not solve the overall lithium challenge.

As the share of variable, non-dispatchable energy from wind and solar on the electric grid grows, the reliability of the electric grid will increasingly depend on weather patterns like the sun shining or wind blowing. The Energy Information Administration (EIA) predicts that variable renewables could represent over 36 percent of total electricity generation in the United States by 2050, with much higher shares in some regions of the country. If that is the case, sustained periods without sunlight or wind could occur in areas where solar and wind energy are a major source of energy and present a serious challenge for electric reliability. In those instances, the options include either wheeling high volumes of electricity cross-country to make up for bad weather, greatly overbuilding solar and wind (by up to 4 times as much), or having a seasonal long-duration storage option that could provide many hours or potentially days of energy capacity.

The challenge is that lithium-ion batteries are fundamentally impractical for addressing the need of long-duration energy storage. In a lithium-ion battery system, the power and energy components are combined – meaning power and energy capacity scale at the same time. If you increase energy capacity, you increase power, and vice-versa. While this is a useful property for some applications, this presents a challenge for reducing the cost of long-duration applications for storage. The most common duration of lithium-ion systems currently deployed is four hours, and it is unlikely that systems will get much longer than eight hours anytime soon. Lithium batteries will continue to work for evening demand peaks and for frequency regulation – but will not solve the seasonality problem that could occur at higher levels of variable renewable energy. So what will?


3. Advancing Alternative Energy Storage Technology Solutions

Thankfully, there are alternatives to the narrow technology solution set currently being deployed on the American grid. Technological innovation can both reduce our reliance on foreign battery manufacturers and critical minerals and bolster our electricity grid with solutions that are cheaper and more reliable.

Finding Alternatives to Critical Minerals

In the near term, with the well-established interest in lithium-ion technologies, the U.S. needs to not only increase the direct production of lithium and other crucial materials, but also rapidly scale up its recycling in order to reduce our dependence on foreign sources. Currently, recycling rates for cobalt, copper, and nickel range from 30% to 60% while less than 1% of lithium is retrieved, underscoring the need to establish collection and market infrastructure in advance of projected demand. Recycling of spent EV and storage batteries is expected to reduce the need for new, primary supplies of lithium, cobalt, nickel, and copper by approximately 10%.

China controls more than two-thirds of global lithium processing facilities, and unfortunately controls the vast majority of the battery recycling market as well. We need to find a way to onshore the entire critical minerals mining, processing, and supply chain manufacturing processes in the U.S. $6 Billion in recent funding from the bipartisan infrastructure law will go towards improving this.

While recycling can help, it is not an all-encompassing solution. Longer term, the best way to reduce America’s reliance on foreign sources of critical minerals is to innovate away from technologies that rely on critical minerals that are supply constrained in the United States. For lithium-ion batteries, that means moving away from cathode designs that use minerals like nickel, which is currently controlled by russia, and away from cobalt, which often exploits child labor in the Democratic Republic of the Congo. As mentioned above, the transition to alternative technologies is already beginning in the grid-scale storage market as prices for nickel, cobalt, and other critical minerals skyrocket. The market is naturally selecting more earth-abundant technologies, and we should find a way to source more of those materials from domestic and allied producers.

It is important to note that even if the energy storage sector moves away from reliance on NMC cathodes, there will still be a vast need for lithium itself. Thus, there also needs to be a strong focus on developing domestic sources of lithium, including co-producing lithium from geothermal brines and expanding direct mining, in addition to recycling as much lithium from existing batteries as possible.

Alternative Long Duration Storage Technologies

Even if we managed to develop a supply chain composed solely of U.S. and allied nations for lithium-based batteries in the electric sector, those technologies still would not prove effective for long-duration applications. Since a 21st century grid requires storage options that can last upwards of 100 hours, the public and private sectors should aggressively invest in the demonstration and commercialization of non-lithium technologies.There are a variety of technologies under development — including thermal, chemical, and mechanical — that could both meet long-duration timelines and be cost competitive. Each technology must be assessed against several criteria, including supply security, performance, and price.

By definition, a seasonable energy storage technology is a backstop that would rarely be required to fully discharge its rated capacity. These technologies would only be fully utilized during the worst of weather conditions or periods of intense stress on the grid. As a result, the energy cost of a long-duration technology must be incredibly low to reach significant deployment, likely below $20/kwh of energy capacity – far below today’s energy storage costs.

Thermal Energy Storage
Thermal energy storage takes excess heat energy and stores it in various materials, including rocks, cement, storage tanks, hydrogen, or in liquid air.
These technologies transfer energy into a material that is capable of storing the energy for a longer time frame, capable of maximizing excess energy or arbitraging lower cost energy. There are a number of companies pioneering thermal energy storage in the United States, and the venture capital community has injected millions of private sector dollars into promising start-up companies like Malta and Antora. Another clever thermal energy storage example is TerraPower’s Natrium nuclear reactor, which would couple molten salt energy storage with a nuclear power plant. The nuclear plant would be able to run continuously by storing excess power as heat in the molten salt, and then use that heat to produce electricity as needed. The first commercial demonstration of TerraPower’s novel technology is underway in Kemmerer, Wyoming as part of a public-private partnership via the signature Department of Energy’s Advanced Reactor Demonstration Program (ARDP).

There are additional exciting industry experiments focused on storing excess thermal energy in rocks; these substances store energy at very high or low temperatures, capturing the energy in both forms. Another concept is to develop flexible geothermal energy systems using geothermal reservoirs as heat storage so plants can remove heat stored from the reservoir when it is needed.

Chemical and Electrochemical Energy Storage
Long-duration chemical energy storage options include the production of liquid or gaseous fuels or battery technologies in which the energy and capacity portions of the battery are physically separated to allow longer duration storage.

Hydrogen is an energy storage technology that can be used for electricity generation through a fuel cell or direct combustion. Clean hydrogen can be produced either through electrolysis powered by low-carbon energy or through steam methane reformation of natural gas using carbon capture and storage technologies.
Beyond the production of chemical fuels, several varieties of batteries can be used for long-duration storage. One example is flow batteries, in which the electrodes are dissolved in electrolyte solutions stored in tanks – an anolyte tank containing an anode and a catholyte tank containing a cathode. These are pumped into cell stacks where the reversible reactions occur when the battery charges and discharges. Flow batteries can provide high efficiency, long duration, and high safety levels, but some materials, such as vanadium, can be expensive.

There are also options to develop batteries that use sodium or iron as a cathode, with air serving as the anode. These “reversible rust” batteries, like those being developed by Form Energy, can be long duration and have very low materials costs, meaning they are cheaper as the energy-to-capacity ratio gets larger.
There is also growing international competition in the electrochemical long duration storage space. A recent report from the Boston Consulting Group found that U.S. companies began developing technologies earlier than most countries, but the U.S. now ranks 4th globally in patent volume for flow batteries and metal air batteries behind China, Japan, and South Korea.

Mechanical and Kinetic Energy Storage
Many examples of effective mechanical and kinetic long-duration energy storage technologies exist. As previously discussed, the most classic of these is pumped storage hydropower, which currently represents 80 percent of total energy storage capacity in the U.S.

In many cases, pumped hydropower is used as a form of baseload electricity generation because it is reliable and inexpensive. However, over time it has become much more complex and can be used in various ways to help improve grid stability and act like a “peaker plant.”

In recent years, it has become much more difficult to site and permit new PSH facilities, despite their value to the grid. Some companies, such as Quidnet, are looking to develop alternative styles of pumped hydro by injecting water underground under pressure, which can later be released to generate electricity through a turbine as needed.
Another underground pressured energy storage option is Compressed Air Energy Storage or CAES. CAES stores energy in the form of compressed air in an underground reservoir for use at a later time. CAES systems release the pressurized air by heating it to expand it, turning a turbine, and generating electricity. CAES systems have several benefits, but ideally, they work best in balancing energy for greater integration of renewable energy, and ancillary services for the grid such as regulation, black-start, and grid stabilization.

Each of these solutions has a slightly different niche to fill, but all deserve a chance in the marketplace.


4. Building on Federal Policy Wins in the Energy Act of 2020 and IIJA

The Senate Energy Committee has historically been a leader in energy storage technology development. Some of the most recent actions include the bipartisan Better Energy Storage Technologies (BEST) Act, which comprehensively reauthorized energy storage R&D programs at the Department of Energy (DOE) and was cosponsored by many members of this committee. It was enacted in the bipartisan Energy Act of 2020, alongside several other key energy storage provisions.

Those Energy Act of 2020 storage programs were later funded by the bipartisan infrastructure law, and are now being implemented by DOE.

DOE has been supportive of reducing the cost of grid-scale energy storage across a number of programs, most notably through the Trump Administration’s Energy Storage Grand Challenge and its successor program, the Long-Duration Storage Shot. Each of these programs aimed to greatly reduce the cost of advanced energy storage technologies. DOE’s current goal is reducing the cost of long-duration storage by 90 percent by 2035, which would make long-duration options cost-competitive.

DOE is also beginning to implement a variety of programs originally authorized by the bipartisan Energy Act that were later funded by the infrastructure law. These include demonstration programs for energy storage technologies, as well as programs for battery manufacturing and battery recycling. The battery manufacturing, recycling, and processing programs are in the process of accepting applications for funding.

Going forward, it is crucial that this Committee play an active role in the oversight of these demonstrations to ensure they are implemented according to Congressional intent, support American manufacturers, and include a wide variety of technologies and end uses. While the funding from the bipartisan infrastructure law for energy storage demonstrations authorized in the Energy Act was appropriated in November of 2021, it has been nearly a year and DOE has not yet released any funding to develop new technologies. This means that DOE now has only 4 years remaining to develop these programs.

This Committee should maintain a continued focus on identifying alternative sources of critical minerals and making it easier to develop critical minerals facilities in the United States. The Committee has already passed several bipartisan pieces of critical minerals legislation, but the funding for those programs needs to get out the door at DOE so alternative sources can be developed. Domestic lithium processing facilities are absolutely a priority, as China currently contains two-thirds of the world’s capacity.

Removing barriers to resource and energy development is a must. At ClearPath, we have identified through work with the Aspen Institute that America is currently not on track to meet its clean energy goals unless we make it easier to build cleaner, faster. Aspen’s report identified several key principles for improving decarbonization project development. Additionally, there remain significant barriers for certain varieties of energy storage, such as pumped hydro, that need to be addressed individually.

Thank you again for the opportunity to testify today. ClearPath is eager to assist the Committee in developing policies to support innovative energy storage technologies. We applaud the Committee for taking on this critical topic that will increase electric reliability, lower costs, and reduce emissions.

Preparing Health Care Infrastructure for the Climate Challenge

House Committee on Ways and Means

Below is my testimony before the House Committee on Ways and Means, entitled “Preparing America’s Health Care Infrastructure for the Climate Crisis”. on September 15, 2022.

Watch Rich’s Opening Remarks

Good morning Chairman Neal, Ranking Member Brady and members of the Committee. My name is Rich Powell, and I am the CEO of ClearPath, a 501(c)(3) organization devoted to accelerating breakthrough innovations to reduce emissions in the energy and industrial sectors. To further that mission, ClearPath provides education and analysis to policymakers and collaborates with relevant partners to inform our independent research and policy development.

Given this Committee’s vital role in America’s health care infrastructure and the response to the global climate challenge, I will discuss three key topics today:

The climate is changing, and global industrial activity is contributing to it. We hear that statement from the oil and gas industry, power companies, the agriculture sector and the health care community. Everyone is clear: it’s time to talk about solutions.

We can’t damage the economy in our efforts. And the good news is, we can point to solutions that are good for the economy and the environment. There are exciting opportunities to develop new clean energy technologies. Rapidly scaling and diversifying American clean energy technologies can reduce emissions, foster economic growth, and provide safe and reliable energy on a global scale. If done right, solutions can meet the needs of everyday Americans while also supporting critical infrastructure that our society needs, like the healthcare system.

But far too often, energy and climate change policy is oversimplified to false choices. Renewables versus fossil fuels, economy versus environment, emissions reductions around the world versus inaction here at home — these false choices ultimately cloud potential solutions. We can invest in innovative emissions reduction technologies alongside improved resilience and adaptation strategies. Ultimately, we will need both.

Most studies suggest that climate change has intensified, but you don’t need a study to see the impacts across the U.S., and in American communities. For example, Houston experienced three ‘500-year’ floods in three years, and just up the road in Ellicott City, Maryland, there have been two 1,000-year floods in five years. Businesses and local governments are already adapting, mitigating and preparing for a future with more extreme weather events.

Hospitals and nursing homes are no strangers to severe weather like flooding. The Coney Island Hospital in Brooklyn, New York lost electricity and emergency power during Superstorm Sandy in 2012. It closed for three months.

Another example is Roper Hospital, which has been located on the Charleston Peninsula since 1856. Roper has been forced to leave the peninsula due to tidal flooding, and is now planning to build a new facility inland to be “technologically and structurally upgraded to better withstand natural disasters, such as floods.”

Since 1980, the U.S. has had 332 weather events with damages/costs reaching or exceeding $1 billion (including CPI adjustment to 2022) – the total cost of recovery from these 332 events exceeds $2.275 trillion with hurricanes causing the most damage at $1.1 trillion total.

In 2021, the U.S. had 20 weather disasters with economic costs that totaled over $152 billion and led to 724 deaths. One-quarter of those disasters accounted for more than 70% of the year’s disaster costs.

In response, hospitals have increasingly adopted advanced backup power systems to improve facility resilience beyond conventional diesel generators. Since 2000, combined heat and power systems – which burn fossil fuels or biomass to generate electricity and thermal energy – have been deployed at 176 hospitals nationwide representing over 600 MW of backup power. Over this same timeframe, microgrids – consisting of a mix of energy sources including renewables and fossil fuels – have been deployed at 76 hospitals. When push comes to shove, a hospital will choose reliability regardless of the emissions of the back-up system.


Making Our Power Grid More Reliable

Our electric grid is aging, and we are reliant on it more than ever. Calls to electrify everything from transportation to home appliances, as well as an increased load demand from data centers, industrial facilities and hospital campuses means America needs more power. This power must both be reliable and resilient to meet the U.S economy’s increasing needs. Many projections call for at least doubling the size of the U.S. power grid over the next 30 years, meaning power providers need to be prepared for even more load on our grid as more industrial facilities, homes, and transportation systems electrify.

Health care facilities are some of the largest energy consumers. In the United States, health care facilities were responsible for 10.3 percent of total major fuel consumption, 8.6 percent of total electricity consumption, and 11.8 percent of total natural gas consumption in our commercial building sector according to the Energy Information Administration’s most recent data.

Our hospitals need 24/7 power to meet patients’ needs. Just last week, a hospital in Santa Clara lost its backup power during the extreme heat wave in California, losing power in several buildings for four hours. Batteries in ventilators only last 30 minutes – meaning if power outages last longer than that, patients must receive manual ventilation. Thankfully, in this case, patients were successfully transferred to other buildings, but it’s clear how fraught the situation can be without reliable power.

Imagine if that hospital was attempting to rely on a grid powered by 100% variable energy – as a small but highly vocal group of advocates imagine – with calls on major energy consuming facilities to power down when the sun isn’t shining and the wind isn’t blowing. The false choice between some activists’ vision of 100% variable renewable energy or climate catastrophe ignores the challenges of running a stable grid and the value of uninterrupted power, particularly in a crisis.

Home health care is equally important. Access to cooling, heating and around the clock medical devices can be a matter of life and death. In Texas, approximately 250 people died during Winter Storm Uri, which led to statewide blackouts, many of which were due to loss of electricity. At least 25 people died because their life-sustaining home health equipment failed without electricity.

Today, summer heat waves straining the energy grid in California yet again show just how important grid reliability is, causing people and policymakers to make tough compromises. Record high temperatures increase electricity demand, while also causing power plants to trip offline. Last week, most of the state was asked not to charge their electric vehicles or to keep their home thermostat at elevated temperatures during peak hours. Imagine a world where hospitals would be forced to choose whether or not to operate significant portions of their systems. That’s unacceptable and we need to prioritize solutions that support reliability.

These prolonged periods of heat and drought in the west elevate demand while reducing the availability of generators dependent on water. Additionally, recent retirements of dispatchable electricity generators have been a driving force behind reliability challenges. Retirements of generating units – typically dispatchable, baseload power sources – are outpacing the addition of new resources. These rapid retirements make it difficult for grid operators to balance record-high electricity demand. Our communities need more, not less, of baseload generation like nuclear, gas and coal with carbon capture, or geothermal energy, along with energy storage options.

Policymakers in California took significant – though perhaps long overdue – steps earlier this month to keep the Diablo Canyon nuclear plant online to provide some much-needed baseload energy. This followed the single largest call for new clean energy capacity in history by the California PUC, including 1,000 MW of new geothermal energy and 1,000 MW of long duration energy storage. Baseload sources like nuclear and geothermal that operate 24/7 with zero emissions are necessary to maintain a constant source of clean, reliable energy, even during extreme weather.

In fact, maintaining and extending America’s existing nuclear power plants is not only smart, it’s proving essential for clean, reliable, affordable energy. In the midst of heat waves and power shortages, California would be in a lot of pain right now without Diablo Canyon. Analysis shows that maintaining the existing fleet is one of the most affordable actions to reach goals of net-zero emissions.

Meanwhile, the grid itself requires significant modernization, as most transmission and distribution lines are decades old and are not suited for modern patterns of electricity use. The bipartisan Energy Act of 2020 authorized billions to support grid hardening and reliability improvements that are long overdue. The bipartisan Infrastructure Act of 2021 funded these programs, but improved wires alone will not matter if the power plants aren’t available when we need them.


Providing Policy Solutions for Reliable, Clean, and Abundant Electricity

While our American power sector is becoming cleaner, we still have a long way to go. Members of this Committee are working on concrete solutions which will globally impact emissions reductions and boost America’s economy. These solutions deal with the two great challenges before us: ensuring access to clean electricity to combat climate change, and making sure it’s reliable.

There is a suite of 24/7 reliable energy technologies available to help us solve this challenge, including nuclear energy, fossil energy with carbon capture, and renewables like hydropower and geothermal. Energy storage is another crucial suite of technologies that can be deployed both at grid-scale and behind-the-meter directly at health care facilities. In fact, in California last week, energy storage reached a peak generation of over 3,000 megawatts, setting a new record and helping prevent blackouts on the grid.

Some of your colleagues put together the House Republican Energy, Climate and Conservation Task Force and have been rolling out a suite of solutions that will help scale up these clean energy technologies to provide more American energy while also reducing global carbon dioxide emissions.

The Task Force includes several areas that directly address our grid’s reliability challenges. These include leveraging American innovation, modernizing permitting on new energy projects, unlocking the development of American resources, and investing in resilience.

Innovation is crucial to a reliable electric grid. We need to support the development of better energy efficiency options to smartly reduce energy use; technology to increase the capacity of existing and new transmission lines; methods of improved energy storage, including long duration energy storage; and distributed energy resources.

We need to find ways to modernize permitting if we are to meet the goals and targets set at both the state and federal levels. If we are to build clean energy projects faster, we need to ensure that we can fast track projects with minimal impacts, expedite the reviews of major projects in the national interest, and ensure projects receive legal certainty in under a years’ time. These approaches are necessary for everything from new energy resources to the transmission lines that will connect them. All in all, we need to build cleaner, faster.


Making our communities and health care infrastructure more resilient

Communities with the right preparation and mindset can avoid some of the worst public health risks associated with flooding, but it’s also the fiscally responsible approach.

There have been some significant bipartisan wins including critical resiliency provisions in major legislation, such as the Disaster Recovery Reform Act and the Water Resources Development Act. Those bipartisan policies are fiscally responsible efforts to protect our local communities in a way that saves lives and money while ensuring access to basic modern needs like electricity.

For some policy solutions, communities and leaders can turn to existing resources from organizations like the American Flood Coalition and its partners. The Task Force has also developed a policy framework for how to build more resilient communities.

The American Flood Coalition, a leading nonpartisan coalition of local, state, and federal government officials working on flooding solutions, has several clear recommendations for improving resilience to flooding related natural disasters. These include supporting communities investing in adaptation through federal funding and incentives, as well as providing innovation grants for research into flood mitigation technology.

Additionally, the Task Force has developed policy solutions to help ensure Americans are prepared to respond to and quickly recover from natural disasters. They have also proposed solutions to improve weather forecasting techniques to prepare for natural disasters earlier.


Conclusion

The story of America is one of innovation, and that’s especially relevant as we improve America’s health care infrastructure for the climate challenge. Today, we’re in the middle of a true energy revolution. America has reduced its total carbon dioxide emissions more than any other country in the last 20 years. We are producing higher performing, lower emissions technology to provide power for our communities.

America and the world are going to need more energy, and our vision is that it can all be made clean and reliable. We look forward to working with you to develop and advance policies that accelerate breakthrough innovations to reduce emissions in the energy and industrial sectors. By leveraging innovation, unlocking American resource independence and modernizing permitting, we can build this cleaner energy faster.

America’s economy is the strongest on the planet, and if we allow our free-market advantage to work, we can lower emissions, lower costs, and make sure our health care infrastructure has reliable power.

Thank you again for the opportunity to testify today. ClearPath is eager to assist the Committee in developing innovative solutions to ensure our electricity grid is reliable and our communities are resilient. We applaud the Committee for taking on this important task to help ensure the appropriate action, including tax policies that will help advance innovative technologies to provide clean, reliable, and necessary energy to our nation’s health care infrastructure.