The Fifth Circuit Court in 2023 ruled that the Atomic Energy Act, which created the NRC, did not give the agency the authority to license storage of spent fuel away from the reactors that created it.
The Exchange Monitor | September 6, 2024 exchangemonitor.com
Supreme Court justices were scheduled Sept. 30 to consider requests to overturn a ban on the private interim storage of spent nuclear fuel, according to a notice published Wednesday.
The two requests stem from a 2023 decision in a lawsuit filed by Texas in the U.S. Fifth Circuit Court of Appeals that voided a Nuclear Regulatory Commission license issued to Interim Storage Partners (ISP), a joint venture of Orano USA and Waste Control Specialists.
According to the dockets in both cases, NRC and ISP petitions for high-court review were to be distributed to the nine Supreme Court justices on Sept. 30.
After the justices review the petitions in what is officially called a conference, they will decide whether to hear arguments from attorneys, decide the case based only on briefs filed with the high court since June, or let the Fifth Court ruling stand.