CASPER — Guards protecting nuclear facilities in the United States have never used lethal force to protect a power plant like the one being built in Kemmerer.
But the potential for this worst-case scenario is possible, at least one Wyoming power provider claims, and nuclear installations in other states are guarded by defense forces authorized through state law.
The Wyoming Legislature's Joint Minerals, Business and Economic Development Interim Committee voted Tuesday to endorse a bill creating provisions for this kind of special defensive force — one charged with protecting TerraPower's planned nuclear power plant in Kemmerer, and possibly any nuclear facility that could become a target of terrorism or theft.
Committee members questioned representatives from TerraPower, touching on a variety of concerns, including the question of who is liable if lethal force is ever used.
Members of the public also raised concerns about the potential for a drone attack on the nuclear power plant, while asking for expanded protections for any nuclear facility or transport vehicle that could be the target of attack or attempted theft of radiological materials.
Ken Hume, a resident of Bar Nunn, noted that the Radiant microreactor manufacturing operation proposed for his hometown won’t be a nuclear generating facility. If built, however, it will need protection.
“They will not generate any nuclear power there. And I think the Wyoming statutes and laws need to be the same whether you're running a full-blown reactor in Kemmerer or whether you're doing the manufacturing and shipping out in Bar Nunn,” Hume told the committee, which took up the suggestion.
The planned security force for the TerraPower plant is expected to be larger than the local Lincoln County Sheriff’s Office.
"TerraPower will have more security guards than there are law enforcement officers in Lincoln County," Sheriff Shane Johnson told the Committee during its previous meeting in May.
State Sens. Chris Rothfuss, D-Laramie, Tara Nethercott, R-Cheyenne, and Ed Cooper, R-Ten Sleep, question TerraPower representatives during Tuesday’s hearing. (David Madison, Cowboy State Daily) 
Melissa Darlington, TerraPower’s nuclear security manager, who recently moved from Arizona to Kemmerer. (David Madison, Cowboy State Daily) 
Wyoming lawmakers weigh liability concerns as TerraPower lobbies for state legal protection for its armed security force at its nuclear power facility in Kemmerer. TerraPower says its guards’ training exceeds typical local law enforcement standards. (Getty Images)
Training Requirements
TerraPower staff told Cowboy State Daily that it cannot reveal how large the protection force will be in Kemmerer, but insisted it will be highly trained.
Melissa Darlington, TerraPower’s nuclear security manager, outlined the extensive training guards receive, which is required by the Nuclear Regulatory Commission.
Darlington said they undergo as much or more training than certified officers in Wyoming, starting with a four-month regime.
"Every duty that they do which potentially involves utilizing deadly force, they are retrained every year,” said Darlington. “They go to training five weeks a year. So the NRC requirements go above and beyond most law enforcement. It's a very robust program.”
She added that the facility receives at least three inspections a year from the NRC.
"You do have to pass a background check, and you have to pass a psychological test," she added.
Liability Concerns
During the hearing, Sen. Tara Nethercott, R-Cheyenne, questioned the TerraPower representatives about who would be liable for attorney fees in the case of a wrongful death lawsuit.
She wondered whether TerraPower wanted its guards and the company itself to be shielded from liability the same way a homeowner might be if he or she fires shots protecting their home.
"Does the company TerraPower want immunity from one of these actions? Because you don't currently have it in the bill draft. Your employee would. But TerraPower would be the one sued. So does the company want immunity or not?" asked Nethercott.
Andrew Richards, TerraPower vice president of government affairs, responded, "I understand the question. I'm going to speak to our legal counsel to get you an answer."
The proposed legislation addresses liability by stating, "An armed nuclear security guard using defensive force, including deadly force, in accordance with this section shall not be liable under civil or criminal law for engaging in conduct that is privileged under this section."
TerraPower has begun construction on portions of its Kemmerer nuclear facility that don't require approval from the Nuclear Regulatory Commission. (Courtesy TerraPower) 
TerraPower has begun construction on portions of its Kemmerer nuclear facility that don't require approval from the Nuclear Regulatory Commission. (Courtesy TerraPower) 
TerraPower has begun construction on portions of its Kemmerer nuclear facility that don't require approval from the Nuclear Regulatory Commission. (Courtesy TerraPower) 
TerraPower has begun construction on portions of its Kemmerer nuclear facility that don't require approval from the Nuclear Regulatory Commission. (Courtesy TerraPower)
Please Leave
The proposed legislation also would give armed nuclear security guards authority to detain suspected criminals until law enforcement arrives. TerraPower said there will be no holding cells or dedicated detention space on site.
While no one has ever been shot and killed while trying to enter a nuclear facility in the United States, reactor sites have been the scene of nonviolent protests.
Darlington described how guards would handle this type of unexpected visitor.
“First of all, we would kindly ask them to leave,” she said. “We would start with that, and then we would observe them and, and wait for local law enforcement.
“We tell them they are on private property, they are trespassing. We are calling the police and give them that opportunity to go ahead and leave the site."
David Madison can be reached at david@cowboystatedaily.com.
