Holtec International, along with the U.S. Nuclear Regulatory Commission (NRC) and the U.S. Federal Government, has submitted petitions to the Supreme Court seeking to overturn a March ruling that revoked the license for a proposed interim storage facility for used nuclear fuel in New Mexico.
Background:
The NRC granted the license to Holtec in May 2023 to construct and operate the HI-STORE consolidated interim storage facility (CISF) on land owned by the Eddy Lea Energy Alliance (ELEA). However, the Fifth Circuit Court of Appeals vacated the license in March, mirroring a similar ruling against a private interim storage license in Texas.
Questioning the NRC’s Authority:
The court’s decision raised concerns regarding the NRC’s authority to license private storage facilities for spent nuclear fuel. Holtec, in conjunction with the NRC and federal government, argues that this decision contradicts established federal law and undermines the NRC’s long-standing mandate to regulate spent nuclear fuel storage.
Importance of Interim Storage:
Holtec emphasizes the critical role of consolidated interim storage facilities in supporting the growth of nuclear energy and bolstering national energy security. They argue that the Fifth Circuit’s ruling disrupts this vital component of the nuclear fuel cycle.
Holtec urges the Supreme Court to overturn the Fifth Circuit’s ruling, asserting that the NRC’s authority to license and regulate spent nuclear fuel storage is well-established and essential. They believe that the lower court’s decision is legally unsound and could have far-reaching implications for the nuclear energy sector.
Project Details:
Holtec initially sought a 40-year license from the NRC for the first phase of the project, envisioning a capacity of up to 500 canisters storing approximately 8,680 tonnes of used fuel. Future amendments could increase this to 10,000 canisters. The facility would utilize Holtec’s licensed HI-STORM UMAX technology.
The Future of Nuclear Storage:
The outcome of this Supreme Court appeal will significantly impact the future of interim storage for spent nuclear fuel in the United States. It will determine whether private companies can play a role in managing nuclear waste and whether the NRC’s authority to oversee this critical aspect of the nuclear fuel cycle remains intact.