NRC Halts License Approvals Pending New Guidelines on Nuclear Waste

A nuclear spent fuel pool. (photo: NRCgov)

The US Nuclear Regulatory Commission announced Tuesday it would suspend the issuing of new reactor operating licenses, license renewals and construction licenses until the agency crafted a plan for dealing with the nation’s growing spent nuclear fuel crisis. The action comes in response to a June ruling by the US Court of Appeals that found the NRC’s “Waste Confidence Decision”–the methodology used to evaluate the dangers of nuclear waste storage–was wholly inadequate and posed a danger to public health and the environment.

Prior to the court’s ruling, the Commission had evaluated licensing and relicensing with the assumption that spent fuel–currently stored on site at nuclear power plants in pools and dry casks–would soon be moved to a central long-term waste repository. As previously noted, that option was once thought to be Yucca Mountain, but after years of preliminary work and tens of millions of dollars wasted, Yucca was found to be a poor choice, and the Obama Department of Energy and the NRC ended the project. The confirmation of new NRC Chair Allison Macfarlane–considered a nuclear waste expert and on record as a Yucca Mountain critic–focused even more attention on the country’s lack of realistic plans for safe, permanent waste storage.

The release from the Nuclear Regulatory Commission [PDF] put it this way:

Waste confidence undergirds certain agency licensing decisions, in particular new reactor licensing and reactor license renewal.

Because of the recent court ruling striking down our current waste confidence provisions, we are now considering all available options for resolving the waste confidence issue, which could include generic or site-specific NRC actions, or some combination of both. We have not yet determined a course of action.

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.

What this means in real terms remains to be seen. No licenses or renewals were thought imminent. Next up were likely a decision on extending the life of Indian Point, a short drive north of New York City, and a Construction and Operation License for Florida’s Levy County project, but neither was expected before sometime next year. Officially, 19 final reactor decisions are now on hold, though the NRC stressed that “all licensing reviews and proceedings should continue to move forward.”

Still, this should be read as a victory for the originators of the suit that resulted in the June ruling–the Attorneys General of Connecticut, New Jersey, New York and Vermont in coordination with the Prairie Island Indian Community of Minnesota and environmental groups represented by the National Resources Defense Council–and most certainly for the millions of Americans that live close to nuclear plants and their large, overstuffed, under-regulated pools of dangerous nuclear waste. Complainants not only won the freeze on licensing, the NRC guaranteed that any new generic waste rule would be open to public comment and environmental assessment or environmental impact studies, and that site-specific cases would be subject to a minimum 60-day consideration period.

While there is still plenty of gray area in that guarantee, the NRC has (under pressure) made the process more transparent than most similar dealings at the agency. The commission has also, at least for the moment, formally acknowledged that the nation’s nuclear reactor fleet faces a very pressing problem.

The US has 72,000 tons of radioactive waste and generates an additional 2,000 tons every year. Spent fuel pools at individual sites are already so full they pose numerous threats, some eerily similar to the ongoing disaster at Fukushima. Dry cask storage poses other problems and much additional expense. And regional interim waste storage facilities, an idea possibly favored by Macfarlane, is problematic for many reasons, not the least of which is that no sites have yet been designated or built.

But nuclear plant operators, already burdened by the spiraling costs of a poorly maintained and aging inventory, are desperate to have the federal government take the waste problem off their backs–and off their books. Whether that is even technically feasible, let alone politically of fiscally possible, remains to be seen. But the NRC has at least recognized–or at least been forced to recognize–that the nuclear industry should not be allowed to create waste indefinitely without a plan to safely secure what is already on hand.


Court Says Regulators Must Evaluate Dangers of Nuclear Waste

A nuclear spent fuel pool. (photo: NRCgov)

The Nuclear Regulatory Commission acted improperly when it failed to consider all the risks of storing spent radioactive fuel onsite at the nation’s nuclear power facilities, so ruled a federal court on Friday.

In a unanimous ruling (PDF), a three-judge panel of the US court of appeals for the District of Columbia found that the NRC’s “Nuclear Waste Confidence Decision”–the methodology used for evaluating the dangers of long-term waste storage–was woefully inadequate:

[The Nuclear Regulatory Commission] apparently has no long-term plan other than hoping for a geologic repository. . . . If the government continues to fail in its quest to establish one, then SNF (spent nuclear fuel) will seemingly be stored on site at nuclear plants on a permanent basis. The Commission can and must assess the potential environmental effects of such a failure.

Writing for the court, Judge David Sentelle made no bones about the shortcomings of the NRC’s magical, one-size-fits-all method of assuming a future solution for the nuclear waste storage crisis. Spent fuel “poses a dangerous long-term health and environmental risk,” he said.

The suit was brought by the attorneys general of Connecticut, New Jersey, New York, and Vermont, in coordination with the Prairie Island Indian Community of Minnesota and environmental groups represented by the National Resources Defense Council.

The decision harshly criticized regulators for evaluating plant relicensing with the assumption that spent nuclear fuel–currently stored onsite in pools and dry casks–would be moved to a central long-term waste repository. As discussed here before, the only option seriously explored in the US was the Yucca Mountain site in Nevada. After years of preliminary construction and tens of millions of dollars of dollars spent, Yucca was determined to be a bad choice for the waste, and the Obama administration’s Department of Energy and the NRC halted the project.

Despite the wishful reporting of some nuclear advocates, the Yucca repository is nowhere near ready, and even if it were an active option, the facility would be many years and maybe as much as $100 million away from completion. Still, the nuclear industry and its acolytes have challenged the administration to spend any remaining money in a desperate attempt to keep alive the fantasy of a solution to their waste crisis.

Such zombified hopes, however, do not qualify as an actual plan, according to the courts.

The judges also chastised the NRC for its generic assessment of spent fuel pools, currently filled many times over capacity at nuclear plants across the United States. Rather than examine each facility and the potential risks specific to its particular storage situation, the NRC had only evaluated the safety risks of onsite storage by looking at a composite of past events. The court ruled that the NRC must appraise each plant individually and account for potential future dangers. Those dangers include leaks, loss of coolant, and failures in the cooling systems, any of which might result in contamination of surrounding areas, overheating and melting of stored rods, and the potential of burning radioactive fuel–risks heightened by the large amounts of fuel in the storage pools and underscored by the ongoing disaster at Japan’s Fukushima Daiichi plant.

The decision has immediate ramifications for plants in the northeast seeking license extensions–most notably Entergy’s Indian Point facility, less than an hour’s drive from New York City, and their Vermont Yankee plant, which is operating despite seeing its original license expire in March.

New York’s Attorney General Eric Schneiderman released a statement, which reads, in part:

This is a landmark victory for New Yorkers, and people across the country living in the shadows of nuclear power plants. We fought back against the Nuclear Regulatory Commission’s rubber stamp decision to allow radioactive waste at our nation’s nuclear power plants to be stored for decades after they’re shut down – and we won. The Court was clear in agreeing with my office that this type of NRC ‘business as usual’ is simply unacceptable. The NRC cannot turn its back on federal law and ignore its obligation to thoroughly review the environmental, public health, and safety risks related to the creation of long-term nuclear waste storage sites within our communities.

And William Sorrell, Vermont’s AG, concurred:

This outcome illustrates how important it is for states to work together on environmental matters of national importance. Today’s decision is a major victory for New York, Vermont, and all other states that host nuclear power plants. The court confirmed what Vermont and other states have said for many years now—that the NRC has a duty to inform the public about the environmental effects of long-term storage of spent nuclear fuel, particularly when it is occurring at nuclear power plants that were never designed to be long-term storage facilities.

Indeed, plants were not designed nor built to house nuclear waste long-term. The design life of most reactors in the US was originally 40 years. Discussions of the spent fuel pools usually gave them a 60-year lifespan. That limit seemed to double almost magically as nuclear operators fought to postpone the expense of moving cooler fuel to dry casks and of the final decommissioning of retired reactors.

But, as reported here last fall, outgoing NRC chief Gregory Jaczko was exploring the possibility of using onsite storage for 200 to 300 years. How these metrics will change when the new head regulator, Allison Macfarlane, is confirmed is not yet known–but Macfarlane is on record as both a Yucca skeptic and an advocate for regional interim waste storage facilities. That plan, however, has many critics, as well, can only take fuel already cool enough to be removed from pools, and, of course, has not been so much as sited or designed, let alone constructed.

While no nuclear plants will close today as a result of this decision, it should also be noted–because some reports assume otherwise–that this finding does not mean Yucca Mountain must open, either. The ruling does, however, underscore the waste crisis–and it is a crisis–faced by the US nuclear industry. No only is it generating approximately 2000 tons of new waste every year that will need an eternal resting place, pools at some plants are so full it actually complicates refueling and maintenance (since fuel needs to removed from reactors and kept cool for both procedures). Plant operators are desperate to have the federal government take on the costs and the risks of waste storage.

But without anything even close to a plan for a long-term repository, the Nuclear Regulatory Commission cannot assume a solution, says the court. Instead, it must look at reality–something the entire country would best be advised to do when evaluating the future of this dirty, dangerous and expensive energy source.