The U.S. Supreme Court on June 21 struck down a Washington state workers’ compensation law that was designed to make it easier for workers at the Department of Energy’s Hanford Site to receive compensation benefits. The court, by unanimous decision, found that the law violates the U.S. Supremacy Clause and discriminates against the federal government and its contractors.

Located near Richland, Wash., the Hanford Site produced plutonium for the U.S. weapons program for more than 40 years and is currently undergoing a massive radiological cleanup mission involving around 10,000 workers.

Foster

New and existing nuclear reactors are among our most powerful tools if we hope to make a meaningful contribution to climate change before 2050. We don’t have a lot of time to reduce emissions to avoid catastrophic warming. It is our responsibility to develop a comprehensive response to address our dependence on fossil fuels, promote sustainable energy use, and invest in new energy technologies.

Science and engineering continue to make great strides in energy-­related technologies such as advanced nuclear reactors, long-­term energy storage, fusion energy, and the safe and secure handling of spent nuclear fuel. Using every viable tool to combat climate change will help ensure a safer world for us and for generations to come.

The Department of Energy’s Office of Nuclear Energy has officially launched its $6 billion civil nuclear credit program, which is intended to support nuclear power reactors at risk of shutting down because of economic factors. A notice of intent and request for information (NOI/RFI) regarding the program was published in the February 15 Federal Register. The DOE-NE had announced the program with the release of a pre-publication version of the NOI/RFI on February 10.

Issa

Levin

Reps. Mike Levin (D., Calif.) and Darrell Issa (R., Calif.) have reintroduced bipartisan legislation that would make the San Onofre nuclear power plant in Southern California one of the highest priority sites in the United States for the removal of spent nuclear fuel. The bill is being cosponsored by Reps. Scott Peters (D., Calif.), Michelle Steel (R., Calif.), Katie Porter (D., Calif.), and Young Kim (R., Calif.).

The Spent Fuel Prioritization Act would amend the Nuclear Waste Policy Act to require the Department of Energy to prioritize spent fuel removal from decommissioned reactors based on the size of the population near the plant, the seismic hazard associated with the area, and any national security concerns. The bill does not call for a permanent repository or consolidated interim storage, nor does it authorize the transfer of spent fuel to any non-consenting state or locality.

A bipartisan bill to ensure that U.S. universities are equipped to play a key role in supporting the deployment of advanced nuclear technology and applications has been passed by the House Committee on Science, Space, and Technology.

The National Nuclear University Research Infrastructure Reinvestment Act of 2021 (H.R. 4819) would boost investment in new and existing university nuclear science and engineering infrastructure, establish regional consortia to promote collaboration with industry and national laboratories, and support the development of advanced reactor technology and the workforce required for commercial advanced reactor deployment.

Marzano

Matthew Marzano is beginning a year of service in Washington, D.C., as the 2022 Glenn T. Seaborg Congressional Science and Engineering Fellow, and he is excited about bringing his nuclear power experience to the policy-making process.

“I am most looking forward to the opportunity to learn about the legislative process and the conduct of business on Capitol Hill. Oftentimes we are presented a picture of a dysfunctional Congress through the media, but I’ve gathered through the orientation process and congressional interviews that collaboration is alive and well, especially in the area of clean energy,” Marzano said.

As Congress awaited key votes yesterday on spending bills that include production tax credits for at-risk plants and a new amendment adding $500 million in supplemental funding over five years to increase the availability of high-assay low-enriched uranium (HALEU), the U.S. Senate Energy and Natural Resources Committee held a Full Committee Hearing On Potential Non-Electric Applications Of Civilian Nuclear Energy. Sen. Joe Manchin (D., W.V.), chairman of the committee, emphasized that “advanced nuclear reactors hold enormous potential to provide opportunity to communities across the country with zero-emission baseload power” and made it clear he expects new reactors to replace retiring coal plants in his home state of West Virginia.

Speaking before the committee were Shannon Bragg-Sitton of Idaho National Laboratory, Paul Chodak III of American Electric Power, and Michael J. Guastella of the Council of Radionuclides and Radiopharmaceuticals.

The Department of Energy has released its 2021 Climate Adaptation and Resilience Plan, outlining steps that it will take to ensure its facilities and operations adapt to and are increasingly resilient to the impacts of a changing climate. As announced by the White House last week , the DOE was one of more than 20 federal agencies to release climate change plans, which were developed in response to President Biden’s executive order on tackling the climate crisis, issued in January.

Markey

Levin

Sen. Edward J. Markey (D., Mass.) and Rep. Mike Levin (D., Calif.) have introduced the Nuclear Waste Task Force Act. The legislation is intended to establish a new task force to consider the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for nuclear waste. Eliminating this loophole could help enable consent-based siting of long-term storage solutions for spent nuclear fuel and high-level radioactive waste, the lawmakers said.

Intended to continue the work of 2012's Blue Ribbon Commission on America’s Nuclear Future, the task force would also be responsible for providing a clear explanation of what constitutes “consent-based siting.”

Congress needs to take action to break the impasse over a permanent solution for commercial spent nuclear fuel, according to a report by the U.S. Government Accountability Office. The GAO recommends that Congress amend the Nuclear Waste Policy Act (NWPA) to authorize a new consent-based siting process, restructure the Nuclear Waste Fund, and direct the Department of Energy to develop and implement an integrated waste management strategy.

The GAO also recommends that the DOE finalize the consent-based process it began in 2015 for siting consolidated interim storage and permanent geologic repository facilities. The DOE agrees with that recommendation.

Citing costs and a lack of industry interest, the Nuclear Regulatory Commission is discontinuing its rulemaking for the reprocessing of spent nuclear fuel. The rulemaking would have amended the NRC’s regulations, adding a new regulatory framework for licensing commercial reprocessing facilities.

Levin

Davis

Hoping to drive progress on the safe storage, transportation, and disposal of spent nuclear fuel across the country, Reps. Mike Levin (D., Calif.) and Rodney Davis (R., Ill.) have formed the Spent Nuclear Fuel Solutions Caucus in the U.S. House of Representatives.

According to Levin and Davis, the bipartisan caucus seeks to address the challenges associated with stranded commercial spent fuel across the country and serve as a forum where House members can come together to make headway on the issue, regardless of whether or not they have a preferred solution.

In announcing the formation of the caucus on July 21, Levin and Davis said that the current system of spent nuclear fuel storage is not sustainable, particularly for sites that no longer have operating reactors and could be redeveloped for other beneficial uses. They added that it is also a violation of the promise, codified by law, that the federal government would take title to the waste in return for ratepayers’ contributions to the Nuclear Waste Fund.

A federal court has dismissed a claim by the Nuclear Energy Institute that the Nuclear Regulatory Commission had reversed decades of established policy by requiring owners and operators of nuclear power plants to obtain the agency’s approval to dispose of low-level radioactive waste, even in NRC Agreement States.

At issue was a letter the NRC sent to NEI in 2019, stating that licensees must receive agency approval before disposing of LLW. In response, NEI filed a lawsuit against the NRC, claiming that the letter imposes new obligations on licensees without the NRC’s having followed rulemaking procedures required by the Administrative Procedure Act, including publishing notice of the new policy and receiving input from stakeholders prior to implementation.

Manchin

Highlighting nuclear’s role in providing reliable power, reducing emissions, and addressing climate change, Sen. Joe Manchin (D., W.Va.) sent a letter to President Biden, urging him to support the continued operation of the United States’ civil nuclear fleet and prevent further plant closures. Manchin, chairman of the Senate Energy and Natural Resources Committee, said that preventing the closure of existing nuclear power plants is critical to achieving emission reduction goals while ensuring a reliable grid.

Saying they are cautiously optimistic that the Biden administration can change the U.S. trajectory on nuclear waste, some Stanford University experts have offered their recommendations on how it can be done in a recent Stanford news posting.

La Grange Park, IL –A task force commissioned by the American Nuclear Society (ANS) issued an assessment of U.S. nuclear energy research and development funding needs for the 2020s. The study is a prospectus for appropriations as Congress and the Biden administration consider ways to support and expand America’s largest carbon-free energy technology, nuclear energy.

A new report out of Columbia University’s Center on Global Energy Policy (CGEP) offers a number of recommendations for improving the management of spent nuclear fuel and high-level radioactive waste in the United States.

The report, Forging a Path Forward on U.S. Nuclear Waste Management: Options for Policy Makers, explains how the United States reached its current stalemate over nuclear waste disposal. It then examines productive approaches in other countries, and a few domestic ones, that could guide policymakers through options for improving the prospects for finding a disposal path for U.S. spent fuel and HLW.

Part of the center’s wider work on nuclear energy, the report echoes previous recommendations for U.S. spent fuel and HLW management, such as the use of a consent-based siting process and the formation of an independent waste management organization, both of which were recommended in the Blue Ribbon Commission’s 2012 report to the Secretary of Energy and Stanford University’s 2018 report, Reset of U.S. Nuclear Waste Management Strategy and Policy.

Cortez Masto

Rosen

U.S. Sens. Catherine Cortez Masto (D., Nev.) and Jacky Rosen (D., Nev.) sent a letter to Sen. Lamar Alexander (R., Tenn.), chairman of the Senate Appropriations Committee’s Subcommittee on Energy and Water Development, and ranking member Sen. Dianne Feinstein (D., Calif.) to reiterate their annual request that zero funds be appropriated to support licensing activities for the proposed Yucca Mountain nuclear waste repository in fiscal year 2021.

Earlier this year, Cortez Masto along with a majority of Nevada’s congressional delegation, including Rosen, reintroduced the Nuclear Waste Informed Consent Act. The bill would require the secretary of energy to obtain the consent of affected state and local governments, as well as tribal leaders, before making expenditures from the Nuclear Waste Fund for a nuclear waste repository.

Shimkus

For more than two decades, one of the country’s biggest champions of the Yucca Mountain Project has been Rep. John Shimkus (R., Ill.), who is retiring from Congress this year. Shimkus spoke with E&E News about how he is not ready to give up on the Nevada repository in an article posted to the energy and environment news organization’s website on October 20.

“It’s never dead,” Shimkus said. “It’s the law of the land."