Wisconsin Legislation Charts Path Forward for Nuclear Generation

Foley & Lardner LLP

As federal legislation continues to promote increased nuclear generation, Wisconsin is charting a similar path forward. Through two Bills signed by Governor Tony Evers this summer, Wisconsin will be supporting nuclear innovation and assessing opportunities for nuclear siting. 

On July 2, 2025, Wisconsin Governor Tony Evers signed into law 2025 Wisconsin Act 11 and 2025 Wisconsin Act 12. Each of these pieces of recent legislation demonstrate bipartisan interest in nuclear energy in Wisconsin, a state which currently has one operating nuclear power plant.

2025 Wisconsin Act 11 (formerly 2025 Senate Bill 124) establishes the State of Wisconsin Nuclear Power Summit Board to promote advancements in nuclear power and fusion energy technology. The board shall consist of both voting and nonvoting members, including state senators, assembly representatives, and appointed representatives. The board is tasked with organizing and hosting the Nuclear Power Summit, which shall be held no later than one month after instruction commences at the College of Engineering building at University of Wisconsin Madison. The Act allocates funds to the Wisconsin Economic Development Corporation (WEDC) and directs the WEDC to utilize these funds in support of the board’s initiatives. The Act is designed to promote nuclear innovation and showcase Wisconsin’s leadership in the industry.

2025 Wisconsin Act 12 (formerly Senate Bill 125) launches a statewide initiative to evaluate opportunities for advanced nuclear and fusion energy development. The law directs the Public Service Commission (“PSC”) to conduct a comprehensive sitting study to identify viable locations for future facilities, including both existing generation sites and new, undeveloped locations. The PSC is required to deliver its findings within 18 months of the law’s effective date, supported by $2 million in state funding.

Act 12 further provides that the PSC, in conducting its study, is required to consider the 2024 Department of Energy siting study which focused on identifying areas for expanded nuclear power generation on sites including operating and recently retired nuclear power plants and existing coal power plants. 

In addition, Act 12 establishes a 150-day deadline for PSC action on certificate applications for advanced nuclear reactors. If the Commission fails to act within that period, the application is automatically approved, streamlining regulatory timelines and encouraging private-sector investment.

The Act reflects strong bipartisan support for expanding Wisconsin’s clean energy portfolio, strengthening grid reliability, and accelerating the deployment of next-generation energy technologies.

The Wisconsin Legislature first focused on renewable energy generation siting for wind projects. In 2009, the PSC was directed to create the Wind Siting Council by 2009 Wisconsin Act 40. The Wind Siting Council advised the PSC during its wind siting rulemaking and continues to produce reports on wind siting in Wisconsin.

Your Foley team will continue to track upcoming nuclear developments.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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