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Gov. Kelly Ayotte announced her intentions to put New Hampshire “at the forefront” of nuclear energy to loud applause last week. In her annual State of the State speech, Ayotte directed energy officials to find ways to foster a new generation of nuclear power in the state, which already has the second-largest nuclear plant in the region.
“I’ve asked the department to bring together stakeholders, lawmakers and organizations focused on nuclear generation to ensure we have everyone at the table and that we are on the forefront of adopting this new technology,” she said.
Nuclear power has gained new attention in recent years, particularly due to interest from technology companies in small, advanced reactors that could power data centers and artificial intelligence.
New Hampshire lawmakers have made efforts to support the power source with legislation that would allow utilities to own nuclear reactors and include nuclear in the state’s definition of “clean energy.” A state commission investigated the potential of nuclear technology, concluding that advanced nuclear generation would be necessary to reduce greenhouse gas emissions. The commission recommended policy changes, including conducting feasibility studies for reactor sites, streamlining permitting, and implementing workforce programs.
Survey data from the Pew Research Center shows interest in nuclear from both sides of the aisle is growing, and nuclear power has the smallest partisan gap in support compared to coal, oil, fracking, wind power and solar power.
But advanced nuclear technology is still in early stages, and the process to bring that power to the state could require years of planning.
“It’s an interesting time in the industry, and there is lots of stuff happening. It’s just that none of it is near-term and none of it is in New England,” said Sam Evans-Brown, who leads the advocacy group Clean Energy New Hampshire.
NextEra, the company that owns the Seabrook nuclear facility, has said they are interested in expanding their nuclear resources at sites they already manage.
“NextEra Energy Resources is evaluating new nuclear technologies as potential long-term generation solutions, however there are currently no plans for another reactor at Seabrook,” the company said in an e-mailed statement.
In the State of the State speech where Ayotte described her vision for nuclear energy, she focused on fixing high electric rates, blaming neighboring New England states and a distracted Public Utilities Commission for driving up the cost of power.
But according to Evans-Brown, nuclear power likely isn’t a solution for high energy costs in the short-term.
“It really is kind of the shiny object as opposed to the hard work, the nuts and bolts of really sweating the details – that is the thing that is actually going to provide some sort of rate relief here in New England,” he said.
Evans-Brown suggested programs to reduce demand on the electric grid, revise energy efficiency programs to focus on savings during peak hours, and improve battery storage as shorter-term fixes.
According to federal data, nuclear is more expensive than almost every other power source to build and operate. And future cost projections are uncertain, because advanced nuclear technology is so new.
Research shows combining nuclear with other sources could be a way to more cost-effectively clean up the power grid.
Nuclear power isn’t without issues. Uranium mining comes with environmental justice concerns, constructing plants involves using concrete, and safely managing nuclear waste is an ongoing challenge. But nuclear power holds a unique status as an energy source with limited atmosphere-warming emissions that is also “dispatchable,” meaning it can run whenever it is needed.
A study by New England’s grid operator showed adding small modular reactors, a kind of nuclear power generator, would reduce the amount of new wind, solar and storage needed by 57%.
“If you’re a climate person, you can’t help but notice that there’s an increasing consensus that what’s referred to as ‘clean firm,’ so any sort of dispatchable technology, results in a lower-cost grid overall,” Evans-Brown said.
Other clean-energy-focused analysts say new nuclear technologies are too expensive, slow to build, and risky, and they could take away resources from other technologies in the transition away from fossil fuels.
But climate change is one of the things that changed Armond Cohen’s mind about nuclear power. Cohen is the executive director of the Clean Air Task Force. As a young lawyer, he helped lead efforts to prevent the Seabrook nuclear reactor from being built in New Hampshire.
That project sparked massive protests in the 1970s led by the “Clamshell Alliance,” with thousands of people gathering to protest at the site during several different events.
“A lot of experience changed my view on that. In New England in particular, we have very few choices for decarbonizing the grid,” he said. “Eventually we do have to find a dispatchable, always-on, always-available source.”
Over time, Cohen said, he also became convinced that nuclear power was safe, and that a permanent solution for nuclear waste could be achieved.
“The operating experience of the U.S. nuclear fleet has improved dramatically,” he said. “I believe that compared to the environmental concerns around climate change and not having an always-available zero-carbon resource on the system, the safety and social or environmental impacts are really much less worrisome than the alternative.”
New nuclear technology is in the works, including smaller versions of traditional nuclear reactors and new “advanced” reactors that haven’t reached commercial scale, said Spencer Toohill, chief of staff for nuclear energy innovation at The Breakthrough Institute.
“For a state like New Hampshire that is starting to look into new nuclear as an option for their energy mix, you’re thinking at the earliest five to six years from now,” Toohill said.
The barriers to building new nuclear power are significant, given that it has been unpopular in the past in New Hampshire, and siting a new facility would need to involve community support.
“New Hampshire hasn’t built a nuclear plant in a long time,” Toohill said. “You’ve got to bring in the workforce to construct the plant, to operate the plant. You’ve got to stand up the supply chain.”
The newest nuclear plant in the U.S. was built in Georgia and completed in 2024. It was the first nuclear project to be completed in the country in three decades, and it finished several years late and billions of dollars over budget.
The U.S. Department of Energy has focused on nuclear energy in recent months, announcing support for projects to build advanced reactors and asking states to make proposals for managing nuclear waste. In fast-tracking the construction of reactors, the Trump administration has side-stepped oversight from the Nuclear Regulatory Commission and loosened safety directives.
That concerns Sarah Abramson, the executive director of the C-10 foundation, a watchdog group focused on the Seabrook nuclear station.
“Any new plants that are built under those highly relaxed rules do give me a lot of concern,” she said.
Abramson said she’d like to see a process to “obtain consent” from communities who might host nuclear projects. During that process, a community could hire their own experts and negotiate agreements for benefits, like real-time radiation monitoring and cancer incidence reviews.
“We just don’t know enough about these advanced nuclear and small modular reactors,” she said.
New Hampshire’s employment law landscape heading into 2026 may not be dramatically different from last year, but the real risks lie in implementation missteps. From the initial setting of wages, to calculating and distributing wages, employers will likely find a specific statute and/or labor regulation governing the transaction. Failure to follow these detailed wage and hour laws can result in significant back wages and other penalties being imposed by the state or federal Department of Labor following an audit. Fortunately, however, this area of employment law is relatively easy to master, once you are familiar with the basics.
Notice compliance
One of the most common pitfalls for employers in New Hampshire is misunderstanding the wage and hour notice requirements under RSA 275 and the related New Hampshire Department of Labor Administrative Rules.
At the time of hire, employers must notify employees in writing of their rate of pay and the day and place of payment. This notice is traditionally delivered to employees by way of an offer letter or some sort of “New Hire Rate of Pay” form. (A sample form is available from the New Hampshire Department of Labor website.) What surprises most employers, however, is that Lab. 803.03(f)(6) also requires employers to request and obtain their employees’ signatures on this written notification of wages, and employers must keep a copy of the signed written notification of wages on file. Further, employers must notify employees in writing during the course of employment of any changes to wages or day of pay prior to such changes taking effect, and the employer must obtain the employee’s signature on this subsequent notification as well. (See RSA 275:49; Lab. 803.03.)
Employers are further required to notify employees in writing, or through a posted notice maintained in a place accessible to employees, of:
• employment practices and policies with regard to vacation pay, sick leave and other fringe benefits.
• deductions made from the employee’s payroll check, for each period such deductions are made.
• information regarding the deductions allowed from wage payments under state law. (RSA 275:49; Lab. 803.03.)
Policies regarding vacation and sick leave should inform employees whether or not the employer will “cash out” unused time at year end or at the end of employment, and if so, under what terms. Again, if any changes are made to vacation pay, sick leave and other fringe benefits during the course of employment (all of which are considered “wages” under New Hampshire law), employers must request and obtain their employees’ signatures on the written notification of the change, and must keep a copy of the signed form on file. (Lab. 803.03.) Importantly, notification by way of pay stub alone is not sufficient, and, these requirements apply to both increases and decreases in pay.
Two-hour minimum (reporting pay)
Another frequently overlooked obligation is New Hampshire’s two-hour minimum reporting pay requirement. Under RSA 275:43-a, non-exempt employees who report to work but are sent home early must generally be paid for at least two hours. Weather-related closures, client cancellations or operational slowdown days can trigger this rule. Employers should also note that the New Hampshire Department of Labor currently applies this law to remote-based employees. Consequently, employees who “report to work” at an employer’s request from a home office may likewise have a right to two hours of pay, depending on the circumstances.
Salaried vs. hourly employees
Misclassification of employees as exempt from overtime remains a significant source of compliance exposure. The position’s job duties — not the titles or label such as “salaried” — determine whether an employee qualifies for an overtime exemption.
Employers, particularly in nonprofits, health care and small businesses, unintentionally misapply exempt classifications to roles such as administrative staff, office managers, executive assistants, program coordinators or hybrid jobs that involve significant non-exempt tasks. Over time, as organizational needs evolve and employees take on broader responsibilities, job duties can drift outside of an exemption’s scope.
Best practice is to periodically review job descriptions and actual job duties to ensure continued compliance with exemption criteria, particularly following any significant restructuring or job redesigns.
Peg O’Brien is chair of McLane Middleton’s Employment Law Practice Group. She can be reached at margaret.o’brien@mclane.com.
Local News
A new photo has been released of the victim in a nearly 30-year-long unsolved murder case, in the hope of finding any new potential witnesses in the cold case, New Hampshire officials said.
“Our family wants to know what happened, who did this and why,” the family of Rosalie Miller said in a press release. “We miss her and want to give her peace.”
Miller was last seen on December 8, 1996 at her apartment in Manchester. At the time of her disappearance, Miller had plans on meeting friends in the Auburn, New Hampshire area, officials said.
Her body was found on January 20, 1997 in a partially wooded spot on a residential lot along the Londonderry Turnpike in Auburn, officials said in the release.
The autopsy report declared Miller’s death a homicide by asphyxiation due to ligature strangulation, N.H. officials wrote.
As part of a new effort to garner public help with the case, an “uncirculated” photo of Miller, 36, is being distributed “in hopes it may jog the memory of someone who saw or spoke with her in the winter of 1996,” Attorney General John M. Formella and New Hampshire State Police Colonel Mark B. Hall announced on behalf of the New Hampshire Cold Case Unit in a joint press release.
Investigators are especially hoping to talk to anyone who was in contact with Miller in December of 1996 or anyone “who may have seen her in the vicinity of the Londonderry Turnpike in Auburn during that time,” officials said in the release.
“We are releasing this new photograph today because we believe someone out there has information, perhaps a detail they thought was insignificant at the time, that could be the key to solving this case and bringing justice for Rosalie and those who loved her,” Senior Assistant Attorney General R. Christopher Knowles, New Hampshire Cold Case Unit Chief said in the release.
The New Hampshire Cold Case Unit encourages anyone with any amount of information to contact the group at [email protected] or (603) 271-2663.
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