and support low carbon domestic power options, but the future of nuclear in the US is still uncertain.Latham & Watkins continue to monitor future developments.Endnotes United States Energy Information Administration, “Nuclear Explained: Nuclear Power Plants” (last updated July 12, 2022), https://www.eia.gov/energyexplained/nuclear/nuclear-power-plants.php. Exec. Order No. 14057, 86 Fed. Reg. 70935 (2021). See Sec. 603(d): “Carbon pollution-free electricity” means electrical energy produced from resources that generate no carbon emissions, including marine energy, solar, wind, hydrokinetic (including tidal, wave, current, and thermal), geothermal, hydroelectric, nuclear, renewably sourced hydrogen, and electrical energy generation from fossil resources to the extent there is active capture and storage of carbon dioxide emissions that meets EPA requirements. H.R. 5376 – 117th Congress (2021-2022): Inflation Reduction Act of 2022, Sec. 13105. US Nuclear Regulatory Commission Final Rule, 88 Fed. Reg. 3287 (2023). United States Office of Nuclear Energy, “NRC Certifies First U.S. Small Modular Reactor Design” (Jan. 20, 223), https://www.energy.gov/ne/articles/nrc-certifies-first-us-small-modular-reactor-design. US Department of State, “The United States and Multinational Public-Private Partners Look to Provide Up To $275 Million to Advance the Romania Small Modular Reactor Project; United States Issues Letters of Interest for Up To $4 Billion in Project Financing” (May 20, 2023), https://www.state.gov/the-united-states-and-multinational-public-private-partners-look-to-provide-up-to-275-million-to-advance-the-romania-small-modular-reactor-project-united-states-issues-letters-of-interest-for-up-to. Warren-Alquist State Energy Resources Conservation and Development Act (Warren-Alquist Act), Cal. Pub. Res. Code Sec. 25500 et. seq., §§ 25524.1-25524.2. A 1976 amendment to the Warren-Alquist Act banned nuclear power certification until the state approves a demonstrated high-level waste disposal syste