A federal case in opposition to a facility to retailer spent nuclear gas close to the New Mexico-Texas state line went to courtroom Thursday the place these opposing the location mentioned the corporate would break federal legal guidelines if the location was constructed and operated.
Nuclear expertise firm Interim Storage Companions (ISP) utilized for and obtained a license from the federal Nuclear Regulatory Fee (NRC) final yr to develop a facility at its current website in Andrews, Texas to retailer as much as 40,000 metric tons of spent nuclear gas rods briefly forward of disposal at a everlasting repository but to be decided.
Such a facility for the everlasting disposal of the waste doesn’t exist within the U.S., and the Andrews mission, together with an identical proposal by Holtec Worldwide in southeast New Mexico, had been opposed by officers in each states for fears they might develop into everlasting resting locations for the waste.
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The Holtec mission, which was awaiting a license from the NRC, would maintain as much as 100,000 metric tons at a location close to the border of Eddy and Lea counties amid the oilfields of the Permian Basin.
Diane Curran, a lawyer for advocacy group Past Nuclear mentioned throughout verbal arguments Thursday in Washington, D.C. Circuit Court docket that the ISP proposal and people comparable had been unlawful below federal legislation as required the federal authorities to take possession of the waste whereas it’s transported to the storage websites.
Past Nuclear and a gaggle of environmental watchdog organizations appealed the NRC license in federal courtroom, contending the Fee violated a number of federal legal guidelines in issuing it.
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At subject was an environmental affect assertion the NRC issued which discovered “minimal” dangers had been posed by the mission and suggest the license be issued.
ISP filed as an intervenor within the case, serving to defend the NRC’s motion.
The NRC beforehand denied each competition filed by Past Nuclear and others in opposition to licenses for each the ISP and Holtec websites.
Beneath each proposals, the waste can be shipped through rail to the websites from nuclear reactors operated by utility firms throughout the nation.
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Supporters contended this may be safer, as it could take away the waste from densely populated areas usually close to our bodies of water or different environmentally weak areas.
However Curran was unconvinced this might be completed legally, citing the federal Nuclear Waste Coverage, that barred the federal authorities from taking up the legal responsibility of privately-owned nuclear waste earlier than a everlasting repository was in place.
The legislation additionally prohibited the federal authorities from assuming storge prices of privately generated gas, argued the attraction, and required that solely the U.S. Division of Power will be licensed to function a facility for federally owned spent nuclear gas.
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“On this case, all events agree that the NRC issued a license that will violate the Nuclear Waste Coverage Act if one among its circumstances had been fulfilled, by permitting a licensee to depend on contracts with U.S. Division of Power to take federal possession and monetary duty for interim spent gas saved on the licensee’s non-public facility earlier than the opening a federal repository for everlasting disposal,” she mentioned earlier than the courtroom.
“The one subject earlier than this courtroom is whether or not it is best to disregard the plain phrases of the license circumstances as recommended by the NRC primarily based on extraneous guarantees by the company that fulfilment of the illegal situation of license won’t ever be carried out until Congress adjustments the legislation.”
Allan Kanner, lawyer for Fasken Land and Minerals, an oil and gasoline firm additionally against the mission, testified in opposition to the NRC through the courtroom listening to.
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He mentioned throughout his testimony that the NRC “erred” in not permitting Fasken to reopen the protest interval and file a brand new competition primarily based on the environmental affect state, Kanner mentioned didn’t account for reimbursing a area people or authorities company for cleanup prices within the occasion of an incident associated to the location.
“Fasken’s new competition was centered on native, site-specific affect and native cost-benefit evaluation, which the NRC is obligated to guage,” Kanner mentioned. “We centered most of our new data on the stretch of the Permian Basin inside a 50-mile radius of this facility.
“We don’t actually know what the principles are going to be, however they’re obligated to clarify the native points with emergency preparedness.”
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Brad Fagg, lawyer with ISP, the corporate looking for to construct the ability at subject, mentioned in his response earlier than the courtroom he license utility and environmental affect assertion didn’t require involvement from the federal authorities.
“This license will not be and shouldn’t be a mechanism to implement the DOE’s compliance with the Nuclear Waste Coverage Act,” he mentioned. “If the DOE had been to do what the petitioners are involved about, enter right into a contract with utilities or the ISP, there’s a prepared technique for overview.”
However below federal legislation, Fagg mentioned the license couldn’t be reversed due to a “distinction of opinion” between the NRC and critics of the mission.
“The principles usually are not on trial right here,” Fagg mentioned. “The one factor that’s at subject on this case is whether or not the company on this case moderately utilized its guidelines.”
Adrian Hedden will be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on Twitter.
