Navigating Nuclear: New York and New Jersey
We are back on the road as our Navigating Nuclear series moves northeast from Texas to New York and New Jersey.
In the past several months, both states have adopted pro-nuclear policies that bode well for the future of nuclear power in this part of the Northeast United States. In April 2026, New Jersey lifted its de facto moratorium on new nuclear facilities, which for 50 years has stalled new nuclear power plant development in the state.1 Also, in January 2026, New York Governor Kathy Hochul directed state agencies to establish a pathway towards a “Nuclear Reliability Backbone” of 8.4 gigawatts (GW) of nuclear generation.2
Longtime observers of nuclear politics in New York and New Jersey may recall that these states previously opposed the license renewals for Indian Point in New York and Oyster Creek in New Jersey.3 Notably, both states were petitioners in State of New York v. NRC, which challenged the Nuclear Regulatory Commission’s (NRC) long-standing Waste Confidence Decision and resulted in a two-year pause in NRC licensing decisions.4 Today, however, both New York and New Jersey are leading the way for the adoption of new, advanced nuclear technologies in the Northeast.
New York
Since assuming office in 2021, Governor Hochul has consistently supported the development of New York’s nuclear capabilities. In June 2025, Governor Hochul directed the New York Power Authority (NYPA) to develop and construct a 1 GW advanced nuclear power plant in upstate New York, calling the directive a “critical energy initiative” and identifying nuclear power as a key component in addressing growing power needs and fossil fuel plant retirements.5 In December 2025, NYPA and Ontario Power Generation entered into a memorandum of understanding (MOU) to support collaboration on the development of advanced nuclear energy technology.6 The MOU identified both large-scale reactors and small modular reactors (each, an SMR) as a priority, and it committed New York and Ontario to expertise sharing, workforce development, and cross-border business ventures to enhance electricity trade and deploy nuclear generation.7
In her annual “State of the State” address in January 2026, Governor Hochul announced an expansion of the state’s nuclear ambitions, raising the target of 1 GW to 5 GW of new nuclear power generation to meet the state’s 100% zero emissions goal by 2040.8 If successful, the new generation would add to New York’s existing nuclear generation to create an “8.4 gigawatt ‘backbone’ of reliable energy.”9 To this end, on 29 May 2026, the NYPA posted two solicitations to support nuclear advancement: one focused on nuclear workforce training funding10 and one directed at firms interested in building 1 GW of new nuclear power.11 Governor Hochul stated the solicitations “will help ensure New York is poised to lead the nation in new nuclear development[.]”12
Today, New York is home to four operating nuclear reactors, all operated by Constellation Energy Generation, LLC (Constellation) and advanced reactor developer NANO Nuclear Energy (NANO).
Nine Mile Point Clean Energy Center
Constellation operates two boiling water reactors (each, a BWR) in Scriba, New York, on the shores of Lake Ontario at its Nine Mile Point Clean Energy Center (Nine Mile Point).13 Nine Mile Point Nuclear Station Unit 1 came online in December 1969 and is the oldest operating commercial reactor in the United States;14 Unit 2 came online in 1988. Originally commissioned by the Niagara Mohawk Power Corporation, the facility is now owned and operated by Constellation.15 Nine Mile Point has a generating capacity up to 1,907 megawatts (MW) of electricity (MWe)16 annually across both reactors.17 Following NRC grants of initial license renewal in 2006, Unit 1 is licensed to operate until 2029 and Unit 2 is licensed to operate until 2046.18 In March 2026, Constellation applied for subsequent license renewal for Unit 1, which is currently under NRC review and, if approved, would authorize an additional 20 years of operation.19
James A. FitzPatrick Clean Energy Center
The James A. FitzPatrick Clean Energy Center (FitzPatrick), a BWR located in Scriba, New York, was constructed alongside Nine Mile Point by the Niagara Mohawk Power Corporation.20 FitzPatrick, now operated by Constellation, commenced operation in 1974 and generates up to 842 MWe.21 After receiving its renewed license in 2008, Fitzpatrick is licensed to operate until 2034.22
R.E. Ginna Clean Energy Center
R.E. Ginna Clean Energy Center, a single pressurized water reactor (PWR) in Ontario, New York, was constructed by Rochester Gas and Electric and commenced operation in 1970, making it the second-oldest operating reactor in the United States after Nine Mile Point Unit 1.23 Named after Robert Ginna, an early nuclear advocate who worked to modify the Atomic Energy Act to allow for research into nuclear generation of electricity, the facility, which is operated by Constellation, produces up to 576 MWe and is licensed to operate until 2029.24
NANO Nuclear Energy
NANO is a New York-based advanced nuclear energy company that develops microreactor technologies and space nuclear technology; fabricates and transports nuclear fuel; and consults across the nuclear industry.25 Founded in 2022, NANO was the first portable microreactor company to be listed publicly in the United States.26 In April 2026, NANO submitted a construction permit application for a research reactor at the University of Illinois Urbana-Champaign.27 In May 2026, the NRC accepted the application, beginning its detailed technical review.28 NANO is also developing the ZEUS, ODIN, and LOKI microreactors, portable solid-core “battery” reactors that could offer between 1–1.5 MWt of clean, on-demand, and space-capable power.29
New Jersey
Governor Mikie Sherrill was sworn in as the 57th governor of New Jersey in January 2026. Following a hotly contested gubernatorial campaign that centered on rising electricity costs as a top issue for New Jersey voters, Governor Sherrill issued two inaugural executive orders targeting this issue and promoting energy infrastructure development designed to “deliver relief to consumers” and “expand New Jersey power generation.”30 The first order identifies combatting rising energy costs as a top priority and directs the state Board of Public Utilities (BPU) to issue bill credits to consumers, explore options for electricity cost freezes, and conduct a study on modernizing electric utility generation.31 The second order established the Nuclear Power Task Force to “position the state to lead on building new nuclear power generation” and directed state energy regulators to solicit clean energy projects, develop a “virtual power plant program,” and identify state reforms to accelerate permitting for new energy projects.32 As a near-term solution, the BPU has awarded incentives to 355 MW of utility-scale energy storage projects in Tranche 1 of its Garden State Energy Storage Program,33 and it is seeking to award another 645 MW in Tranche 2.34 The BPU has also established a capacity allocation of 3 GW for community solar projects in the 2026 energy year. However, given the limitations on available land and high population density of New Jersey that constrain development of large-scale energy generating facilities, as well as stymied offshore wind projects off New Jersey’s coast, nuclear energy has emerged as a key resource to support the state’s long-term energy-generating portfolio strategy.
Building on the momentum from her executive orders, on 8 April 2026, Governor Sherrill signed S3870 into law, effectively lifting a long-standing moratorium on new nuclear energy facilities in the state.35 Governor Sherrill stated that lifting the moratorium positions New Jersey to “be a leader in next-generation nuclear energy.”36 Passage of the bill will allow the newly-formed Nuclear Power Task Force to begin advancing nuclear development in the state.
New Jersey is home to three operating nuclear reactors and nuclear technology company Holtec International (Holtec).
Salem Nuclear Power Plant and Hope Creek Nuclear Generating Station
The Salem Nuclear Power Plant (Salem), owned by PSEG and Constellation, and Hope Creek Nuclear Generating Station (Hope Creek), owned by PSEG, are both operated by PSEG and represent the entirety of New Jersey’s nuclear power infrastructure, operating three reactors side by side on an artificial island in Lower Alloways Creek Township in Salem, New Jersey. The reactors produce over 40% of the state’s total electricity and more than 80% of zero-emissions generation in New Jersey, and combined, they are the fourth-largest nuclear power site in the United States.37
The two Salem reactors are PWRs that commenced operation in 1977 and 1981 and generate up to 2,280 MWe.38 The license for unit 1 expires in 2036; the license for unit 2 expires in 2040.39 PSEG has informed the NRC that it plans to request subsequent license renewal for both units in the second quarter of 2027.40
PSEG also operates Hope Creek, a BWR with total generating capacity of 1,172 MWe. Hope Creek is licensed to operate until 2046;41 PSEG plans to submit a subsequent license renewal application in the second quarter of 2027.42
Holtec International
Holtec is a US-based energy technology company that specializes in nuclear power-related equipment, systems, and services. Founded in Mount Laurel, New Jersey, in 1986, the company is a major supplier in the global nuclear energy supply chain, including nuclear fuel storage, transport systems, heat transfer equipment, and other technologies that support the full nuclear life cycle. Holtec maintains a significant industrial presence in the state, primarily at the large-scale manufacturing facility in Camden, New Jersey. Holtec is currently decommissioning the Oyster Creek Nuclear Generating Station in Lacey Township, New Jersey.43 Holtec has also expanded its role as a nuclear energy project developer, advancing SMR designs, such as the SMR 160 and SMR 300.44
Notably, Holtec has been at the leading edge of efforts to restart shutdown reactors in the United States. After acquiring the shutdown Palisades reactor in 2022, Holtec has been working with the NRC to bring the reactor back online.45 Holtec provided notice to the NRC that it intends to pursue subsequent renewal for Palisades in 2028.46 In December 2025, SMR, LLC, a subsidiary of Holtec, submitted a limited work authorization application for two Holtec SMR-300 units that would be located at the Palisades site.47
New York and New Jersey Teams
The firm has a team of Nuclear Energy practitioners, spanning offices throughout the United States, that draw on deep experience at the state, federal, and international levels. In New York and New Jersey, our New York City and Newark offices bring together lawyers with legal, technical, and regulatory backgrounds—paired with local market knowledge—to ensure that any nuclear investment in this part of the country is well positioned for success.
Navigating Nuclear Series
We are pleased to share our series, Navigating Nuclear, designed to deliver critical insights on nuclear hubs across the United States. As the industry adapts to rising demand and evolving policy landscapes, so too do the companies and projects shaping its future. While this series summarizes key projects in nuclear hubs, it is not meant to reflect the full breadth of activity within the nuclear sector. We will continue to track industry and project developments and will share updates as they emerge.
If you have specific questions or would like to discuss opportunities further, our Nuclear Energy practice group team is here to help. We are positioned to support organizations across the entire nuclear energy value chain. We offer guidance to clients through our decades of international, federal, state, and local experience, complemented by proficiency in disciplines including physics, engineering, geology, and public health. With the strength of local presence and the reach of a global platform, we provide strategic counsel that helps leaders navigate complex challenges and seize emerging opportunities in the nuclear sector.
This publication/newsletter is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer. Any views expressed herein are those of the author(s) and not necessarily those of the law firm's clients.
