Title: U.S. Freezes All Nuclear Power Plant Licensing Decisions
Date: August 7, 2012
Federal nuclear regulators today froze at least 19 final reactor licensing decisions in response to a ruling by the U.S. Court of Appeals for the DC Circuit that spent nuclear fuel stored on-site at nuclear power plants “poses a dangerous, long-term health and environmental risk.”
In its ruling, the appeals court invalidated the U.S. Nuclear Regulatory Commission’s 2010 updates to the Waste Confidence Rule and also the Temporary Storage Rule and directed the commission to fully comply with federal law.
In response, the NRC today put a hold on nine construction and operating licenses, eight license renewals, one operating license, and one early site permit.
The court noted that, after decades of failure to site a permanent geologic repository, including 20 years of working on the now-abandoned Yucca Mountain repository in Nevada, the NRC “has no long-term plan other than hoping for a geologic repository.”
Therefore, it is possible that spent fuel will be stored at reactor sites “on a permanent basis,” the court said.
“In recognition of our duties under the law, we will not issue licenses dependent upon the Waste Confidence Decision or the Temporary Storage Rule until the court’s remand is appropriately addressed,” the NRC said.
The NRC’s order extends only to final license issuance. “All licensing reviews and proceedings should continue to move forward,” the agency said.
The storage of nuclear waste at nuclear power facilities poses long-term health and environmental risks, including the risk of leaks from spent fuel pools and fires. Despite this, the NRC has refused my repeated requests to address the serious risks of long-term, on-site storage of nuclear waste in Indian Point’s relicensing proceeding.
In light of my recent federal appeals court victory and a related contention I filed last month in the relicensing proceeding, however, it appears that the NRC has finally changed course. Today, in a victory for the 17 million people living and working close to Indian Point, the NRC has committed to addressing the risks posed by long-term nuclear waste storage at the facility before making any relicensing decisions.
Title: NRC Freezes All Nuclear Reactor Construction & Operating Licenses In U.S.
Author: Southern Alliance for Clean Energy and Blue Ridge Environmental Defense League
Date: August 7, 2012
Decision Follows 24 Groups’ June Petition in Wake of Major Waste Confidence Rule Decision; Most Reactor Projects Already Stymied by Bad Economics and Cheaper Fuel Alternatives
The U.S. Nuclear Regulatory Commission (NRC) acted today to put a hold on at least 19 final reactor licensing decisions – nine construction & operating licenses (COLS), eight license renewals, one operating license, and one early site permit – in response to the landmark Waste Confidence Rule decision of June 8th by the U.S. Court of Appeals for the D.C. Circuit.
The NRC action was sought in a June 18, 2012 petition filed by 24 groups urging the NRC to respond to the court ruling by freezing final licensing decisions until it has completed a rulemaking action on the environmental impacts of highly radioactive nuclear waste in the form of spent, or ‘used’, reactor fuel storage and disposal.
In hailing the NRC action, the groups also noted that most of the U.S. reactor projects were already essentially sidetracked by the huge problems facing the nuclear industry, including an inability to control runaway costs, and the availability of far less expensive energy alternatives.
Diane Curran, an attorney representing some of the groups in the Court of Appeals case, said: “This Commission decision halts all final licensing decisions — but not the licensing proceedings themselves — until NRC completes a thorough study of the environmental impacts of storing and disposing of spent nuclear fuel. That study should have been done years ago, but NRC just kept kicking the can down the road. When the Federal Appeals Court ordered NRC to stop and consider the impacts of generating spent nuclear fuel for which it has found no safe means of disposal, the agency could choose to appeal the decision by August 22nd or choose to do the serious work of analyzing the environmental impacts over the next few years. With today’s Commission decision, we are hopeful that the agency will undertake the serious work.”
Lou Zeller, executive director of Blue Ridge Environmental Defense League, another petitioner to the Court, said: said: “It appears that the Commissioners have, at least initially, grasped the magnitude of the Court’s ruling and we are optimistic that it will set up a fundamentally transparent, fair process under the National Environmental Policy Act to examine the serious environmental impacts of spent nuclear fuel storage and disposal prior to licensing or relicensing nuclear reactors.”
Former NRC Commissioner Peter Bradford said: “It is important to recognize that the reactors awaiting construction licenses weren’t going to be built anytime soon even without the Court decision or today’s NRC action. Falling demand, cheaper alternatives and runaway nuclear costs had doomed their near term prospects well before the recent Court decision. Important though the Court decision is in modifying the NRC’s historic push-the-power-plants-but-postpone-the-problems approach to generic safety and environmental issues, it cannot be blamed for ongoing descent into fiasco of the bubble once known as ‘the nuclear renaissance’.”
Published: August 7th, 2012 at 10:13 pm ET