The State of Texas has not one but two ongoing federal court challenges to the Nuclear Regulatory Commission that could, if successful, turn decades of NRC regulations, precedent, and case law on its head.
The Department of Energy’s Office of Nuclear Energy has issued a request for information opportunity for the design and construction of a federal consolidated interim storage facility (CISF) for spent nuclear fuel. The DOE is planning on establishing a federal CISF to manage SNF until a permanent repository is available. In May, the DOE received initial approval, known as “Critical Decision-0,” for such a facility.
The deadline for submissions is September 5.
Interim Storage Partners (ISP), a joint venture of Waste Control Specialists and Orano USA, has petitioned the U.S. Supreme Court to overturn the decision by the 5th Circuit Court of Appeals to vacate its license for a consolidated interim storage facility for commercial spent nuclear fuel in Andrews County, Texas.
By a narrow vote of 9–7, the 5th Circuit Court of Appeals denied a petition to rehear the court’s 2023 decision to vacate Interim Storage Partners’ (ISP’s) license to build and operate a consolidated interim storage facility for commercial spent nuclear fuel in Andrews County, Texas.
Another calendar year has passed. Before heading too far into 2024, let’s look back at what happened in 2023 in the nuclear community. In today's post, compiled from Nuclear News and Nuclear Newswire are what we feel are the top nuclear news stories from April through June 2023.
Stay tuned for the top stories from the rest of the past year.
The Nuclear Regulatory Commission and the U.S. Department of Justice are asking the 5th U.S. Circuit Court of Appeals to review its decision to vacate Interim Storage Partners’ license to build and operate a consolidated interim storage facility (CISF) for commercial spent nuclear fuel in Andrews County, Texas.
The three-judge panel of the New Orleans–based 5th U.S. Circuit Court of Appeals last week vacated Interim Storage Partners’ (ISP) license for a consolidated interim storage facility for commercial spent nuclear fuel in Andrews County, Texas.
Citing a lack of jurisdiction, the 10th U.S. Circuit Court of Appeals in Denver has dismissed a petition by the state of New Mexico challenging the Nuclear Regulatory Commission’s licensing of Interim Storage Partners’ (ISP) consolidated interim storage facility (CISF) in Andrews County, Texas.
A federal appeals court rejected a lawsuit brought by environmental groups challenging the Nuclear Regulatory Commission’s licensing of a consolidated interim storage facility (CISF) for spent nuclear fuel in Andrews County, Texas. The U.S. Court of Appeals for the D.C. Circuit found that the NRC reasonably applied its hearing regulations when approving Interim Storage Partners’ (ISP) license for the facility.
Another calendar year has passed. Before heading too far into 2023, let’s look back at what happened in 2022 for the American Nuclear Society and the nuclear community. In today's post that follows, we have compiled from Nuclear News and Nuclear Newswire what we feel are the top nuclear news stories from July through September 2022.
Stay tuned this week for the top stories from the rest of the past year.
But first:
The Nuclear Regulatory Commission plans to complete its safety review of Holtec International’s proposed HI-STORE consolidated interim storage facility by January 2022. A final licensing decision on the facility will be made in conjunction with the release of the agency’s final safety evaluation report, the NRC said in a July 2 letter to Holtec.
New Mexico attorney general Hector Balderas has filed suit against the Nuclear Regulatory Commission and the United States, seeking to stop Holtec International’s application to build and operate its HI-STORE consolidated interim storage facility for used nuclear fuel in the state. The complaint, filed in the U.S. District Court of New Mexico on March 29, seeks a declaratory judgment that the NRC is acting beyond the scope of its authority and an injunction preventing the licensing from moving forward.
The Nuclear Regulatory Commission has delayed the release of a safety report for Holtec International’s HI-STORE consolidated interim storage facility proposed for New Mexico, claiming it needs additional information to complete its review of the license application. The NRC previously said it would complete its safety review and publish a safety evaluation report for the spent fuel storage facility by May.
Holtec’s 1,500th canister is positioned for placement into the HI-STORM UMAX system at Ameren Missouri’s Callaway Energy Center. Photo: Holtec
Holtec International said that it successfully loaded its 1,500th spent fuel canister last week as part of the ongoing dry storage campaign at Ameren Missouri’s Callaway Energy Center. Holtec’s HI-STORM UMAX subterranean dry storage system has been in service at Callaway since 2015. The MPC-37 multipurpose canister is used to place 37 pressurized water reactor spent fuel assemblies into each HI-STORM UMAX vertical ventilated module.
“There has been a strong collaboration between our teams, and I truly appreciate the strong focus on doing the work safely, correctly, and to the highest standards of excellence,” said Fadi Diya, senior vice president and chief nuclear officer of Ameren Missouri, in a March 17 announcement.
“Just as we shared the milestone in 2015 of deploying the world’s first subterranean dry storage system under a general license, we are proud to share this milestone with Ameren,” said Pierre Oneid, Holtec’s senior vice president and chief nuclear officer.
The antinuclear organization Beyond Nuclear is appealing the Nuclear Regulatory Commission’s dismissal of its petition to intervene in the proceeding for Interim Storage Partners’ (ISP) application to build and operate a consolidated interim storage facility (CISF) for spent nuclear fuel in western Texas. Beyond Nuclear filed suit in the U.S. Court of Appeals for the District of Columbia Circuit on February 10, asking the court to order the dismissal of the license application.
ISP, a joint venture of Waste Control Specialists (WCS) and Orano, submitted its application for the CISF with the NRC in June 2018. In September 2018, Beyond Nuclear filed a motion to dismiss the application. An NRC Atomic Safety and Licensing Board denied Beyond Nuclear’s request for a hearing in the licensing proceedings, and in December 2020, the NRC issued an order upholding that decision.
The Nuclear Regulatory Commission has scheduled four webinars in October to present its draft environmental findings and receive comments on Interim Storage Partners’ (ISP) proposed consolidated interim storage facility for used nuclear fuel in Andrews County, Texas.
Information for the webinars will be posted on the NRC’s Public Meetings webpage. The webinars will be held at different times of the day to maximize opportunities for the public to participate and are tentatively scheduled for the following (all times are Eastern):
A licensing board of the Nuclear Regulatory Commission issued an order last week denying calls to reopen proceedings against Holtec International’s application to construct and operate a consolidated interim storage site for used nuclear fuel in southeastern New Mexico.
Fasken Land and Minerals, an oil and gas company based in Midland, Texas, along with Permian Basin Land and Royalty Owners, an association of oil and gas producers and royalty owners (collectively called Fasken), filed motions with the NRC Atomic Safety and Licensing Board (ASLB) seeking to reopen the record and submit an amended late contention against Holtec’s license application.
The Nuclear Regulatory Commission has scheduled four webinars in late August and early September to present its draft environmental findings and receive comments on Holtec International’s proposed consolidated spent nuclear fuel storage facility in New Mexico. Webinars were previously held on June 23 and July 9.
As published in the August 13 Federal Register, the public comment webinars will be held on August 20 from 6–9 p.m., August 25 from 2–5 p.m., August 26 from 6–9 p.m., and September 2 from 11 a.m.–2 p.m. All times are Eastern. Information for the webinars is posted on the NRC’s Public Meetings webpage.
The Nuclear Regulatory Commission has extended the deadline for public comments on a draft environmental impact statement for Interim Storage Partners’ (ISP) license application to construct and operate a consolidated interim storage facility for spent nuclear fuel and greater-than-Class C waste in Andrews County, Texas. The NRC said the 60-day extension, to November 3, was to allow more time for members of the public to develop and submit comments in light of the events associated with the COVID-19 health emergency.
For the second time, the Nuclear Regulatory Commission has extended the deadline for submitting comments on a draft environmental impact statement (EIS) for Holtec International’s application to construct and operate a consolidated interim storage facility for spent nuclear fuel and greater-than-Class C waste in southeastern New Mexico. As published in the June 24 Federal Register, the new deadline is September 22.