Fate of interim storage at Supreme Court could be decided by October

Nuclear Waste ‘Interim’ Storage Updates

In June 2024, Holtec International, along with the U.S. Nuclear Regulatory Commission (NRC) and the Department of Justice, petitioned the U.S. Supreme Court to review a March ruling by the Fifth Circuit Court that vacated Holtec’s license to build a nuclear waste interim storage facility in New Mexico. The Fifth Circuit’s basis to vacate the license is that the NRC lacks the authority to license private interim storage sites like Holtec’s in New Mexico and a similar facility in Texas operated by Interim Storage Partners (ISP). Holtec’s petition to the Supreme Court aims to reverse the lower court’s ruling and allow the construction of the facility in southeastern New Mexico, which would store spent nuclear fuel “temporarily” while awaiting a permanent disposal solution.

Holtec contends that their operations are safe and necessary for managing the nation’s growing stockpile of nuclear waste. These sites and any transport to these sites are not only dangerous but environmentally unjust. New Mexico’s demographic is largely Latino. There are many communities of color, especially in the southern part of the state where the sites are being proposed. These sites present clear examples of environmental racism; people of color would be disproportionately affected if the Holtec/ISP CIS site were licensed and constructed.

For more background information, see:

Keeping a (Nuke)Watchful Eye on Consolidated Interim Storage: No High-Level Waste To New Mexico

Interim Storage Partners first applied for a federal license to build the site back in 2016. The NRC approved and licenced the facility in west Texas in 2021.

Key dates include the petition being docketed on June 27, 2024, and scheduled for the Supreme Court’s conference on September 30, 2024. During this conference, the justices will decide whether the Supreme Court agrees to hear the case (grants certiorari). If it does, oral arguments may be scheduled in late 2024 or early 2025, with a decision expected afterward. The timeline for any Supreme Court ruling could vary, but such cases often take several months for a decision following the grant of certiorari.

UPDATE – OCTOBER 4, 2024: The Supreme Court has granted certiorari, meaning the justices will hear arguments and decide the case.

From Courthouse News Service: “The court is expected to take up the case in its forthcoming term, which begins Monday. Arguments likely will begin next year, with a decision possible by the summer.”

For more information, see also: exchangemonitor.com/fate-of-interim-storage-at-supreme-court-could-be-decided-by-october

Keeping a (Nuke)Watchful Eye on Consolidated Interim Storage: No High-Level Waste To New Mexico

If you follow news on nuclear waste, you know that the federal government is required by law to have a permanent disposal plan for our nation’s nuclear waste before engaging in temporary storage, or “consolidated interim storage” for commercial spent nuclear fuel. There are currently about 86,000 metric tons of this fuel in the U.S., stored on-site at operating or shutdown nuclear power plants in 33 states, an amount that continues to grow by about 2,000 metric tons a year (GAO). This is waste generated by nuclear power plants called ‘high-level radioactive waste’ (HLW), also known as ‘spent’ or ‘irradiated’ fuel. This waste contains plutonium, uranium, strontium, and cesium; it is most toxic and dangerous type of radioactive waste created by the nuclear industry and will be radioactive for millions of years.

Two private companies “Holtec” and “Interim Storage Partners” are proposing to build and operate facilities for HLW called “Consolidated Interim Storage Facilities (CISF)” in New Mexico and Texas. While federal law requires the government to have a permanent disposal solution, it does not explicitly prevent private entities from offering interim storage solutions. Enter money-gobbling Holtec and ISP.

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Nuclear Weapons Issues & The Accelerating Arms Race: February 2024

FEDERAL BUDGET NEWS

Release of federal FY 2025 budget expected March 11 (it will initially be just topline numbers).

Meanwhile on the FY 2024 budget: House and Senate Armed Services Committee authorized funding exceeding Biden’s request, including money for the Sea-Launched Cruise Missile and nuclear warhead (reminder: that the President doesn’t want), plus adding $$ for plutonium pit production at the Savannah River Site. But appropriations bills are still not happening because of ever increasing congressional dysfunction. This is now best exemplified by Republicans rejecting an immigration bill they initially drafted but that Trump denounced because he wanted immigration to remain a hot issue during the presidential election campaign.

The current second “laddered” Continuing Resolution that is keeping the government running expires March 1 and 8.

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Holtec International, the U.S. Federal Government, and the State of New Mexico – What Do We Know?

Nuclear power is a trending topic lately. What’s missing from most of these conversations is the nitty gritty details of the nuclear waste produced from nuclear power plants, and how to handle it. In mainstream and social media, nuclear is often hyped up as a climate solution and the issue of what to do with the waste is promoted as being nearly or already solved. Unfortunately this conception is entirely inaccurate. Most people don’t think about the problem of nuclear waste on a frequent basis, however New Mexicans are often forced to confront it whether we like it or not (spoiler: most of us DON’T).

New Mexico has the Waste Isolation Pilot Plant (WIPP) in the southeastern corner of the state, where radioactive waste is stored in a salt formation repository located deep underground. WIPP has been open since 1999, and now federal regulators are currently considering another facility that would store up to 175,000 metric tons of high-level radioactive nuclear waste. The new repository is called a “HI-STORE Consolidated Interim Storage Facility” by Holtec International, the New Jersey-based company who owns the private waste facility, and the waste would be transported in from nuclear reactors around the nation. The Nuclear Regulatory Commission issued Holtec a license for this project on May 9, 2023.

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