Today the United States Supreme Court heard arguments in the case of the Nuclear Regulatory Commission vs. Texas. At issue is whether the NRC exceeded its authority when it approved licenses for proposed “consolidated interim storage facilities” for high-level radioactive waste, and this includes highly irradiated “spent” fuel from nuclear power plants.
Two consolidated interim storage facilities are planned for western Texas and southeastern New Mexico. The Nuclear Waste Policy Act of 1982, as Amended specifically prohibits private “interim” storage of federal spent nuclear fuel, and disallows the Department of Energy from taking title to the waste unless a permanent geologic repository is licensed, built and opened. The law intended to prevent private “interim” storage of federal radioactive waste because interim storage is much less robust than permanent storage, and would double the risk of accident or attack during transport, since consolidated “interim” storage means the waste has to be moved twice, once to the CISF and again to a permanent repository.