A proposed consolidated interim storage facility for spent nuclear fuel in New Mexico would violate the law and place an unfair burden on the state, its attorney general argued in a federal suit this week.
If the Nuclear Regulatory Commission licenses Holtec International’s proposed interim storage site, it will run afoul of the 1982 Nuclear Waste Policy Act, attorney general Hector Balderas argued in the complaint filed Monday in New Mexico’s federal court. The suit asked a judge to make NRC halt the licensing process.
The act bars the Department of Energy from taking ownership of spent fuel for storage until a permanent federal repository exists and, because there isn’t one, Balderas argued the NRC would be breaking the law by allowing Holtec to store waste in southeastern New Mexico.
Beyond the legal complaints, the suit also raised concerns about community engagement and Holtec’s ability to fund an interim storage site. NRC’s rejection of several hearing requests from stakeholder groups “preclude[s] meaningful public participation and obscure[s] the fiscal and technical decision-making process,” Balderas said. The commission as recently as Feb. 18 tossed objections from stakeholders to the proposed Holtec site.
The case was assigned Monday to federal judge Jerry H. Ritter, according to the court docket. The court hadn’t filed any further responses by deadline Wednesday for Weapons Complex Morning Briefing.
For its part, the commission told Holtec Monday that it won’t move forward with licensing until it gets the information it needs to complete a safety evaluation report for the proposed site. The report, as well as a federal environmental impact statement due this summer, is a prerequisite for licensing.
Meanwhile, a bill is making its way through New Mexico’s state house that would expand a statewide task force’s oversight on radioactive waste storage sites in the Land of Enchantment. The measure is due for a floor vote in the state House, which was scheduled to meet Wednesday morning.
