The Nuclear Regulatory Commission is justified in allowing indefinite storage of nuclear waste at American power plants, a federal appeals court ruled Friday.
The D.C. Circuit Court of Appeals decision denies a request from four states – New York, Vermont, Massachusetts, and Connecticut – asking that NRC vacate its continued storage rule. Formerly known as the waste confidence rule, it addresses the environmental impacts of on-site nuclear storage at closed reactor sites. The petitioners argued that the rule’s “one-size-fits-all” generic environmental impact statement (GEIS) fails to address site-specific safety concerns at plants such as New York’s Indian Point, which presents a unique set of circumstances given its proximity to New York City.
The court ruled that the GEIS “thoroughly considers essentially common risks to reactor sites,” particularly threats involving spent fuel pool fires and leaks. The three-judge panel noted that the NRC “waiver” process allows the regulator to consider site-specific issues.
The ruling acknowledged “the political discord surrounding our nation’s evolving nuclear energy policy,” but ultimately the judges disagreed with the petitioners that the NRC rule is “arbitrary or capricious.”
“To the extent that the petitioners disagree with the NRC’s current policy for the continued storage of spent nuclear fuel, their concerns should be directed to Congress,” Friday’s ruling states.
Doug Cohen, spokesman for New York Attorney General Eric Schneiderman, said by email Monday: “We are pleased the court recognized the importance of our claims regarding the risks of on-site nuclear waste storage, and look forward to raising them at a later date.” He said he could not comment on any potential for the petitioners to appeal the decision.
Introduced in 1984, NRC’s waste confidence rule was amended in 2010, extending the length of time assumed to be safe for storage of spent fuel at reactor sites from 30 to 60 years. Two years later the D.C. Circuit Court of Appeals found the rule to be deficient, and directed NRC to consider that the United States might never site a permanent repository for nuclear waste.
