The Nuclear Regulatory Commission’s licensing process for two proposed interim storage facilities for spent nuclear fuel can’t legally move forward without approval from host state governors, a Texas congressman argued Tuesday on the House floor.
“The law is very clear … that the governor can disapprove [of an interim storage facility],” said Rep. Henry Cuellar (D-Texas) during floor debate Tuesday on the House’s minibus spending package for fiscal year 2022. Cuellar spoke in opposition to two proposed interim storage facilities: Interim Storage Partners’ (ISP) in west Texas and Holtec International’s in southeastern New Mexico.
According to federal law, a state governor has “authority to submit a notice of disapproval” to Congress. Both Texas Gov. Greg Abbott (R) and New Mexico Gov. Michelle Lujan Grisham oppose the proposed interim storage sites in their states.
In the event Congress gets such a notice, the law says, interim storage “shall be disapproved” unless they vote to pass “a resolution approving such proposed provision” within 90 days.
“The NRC not only lacks consent but is acting unilaterally despite clear opposition in a bipartisan way,” Cuellar said Tuesday.
Cuellar spoke days after dozens of Texas state legislators penned a letter to NRC that argued licensing interim storage sites without a permanent federal repository in place would violate the Nuclear Waste Policy Act. The New Mexico Environment Department has made a similar claim in federal court as part of a lawsuit opposing an interim storage site proposed there by Holtec.
During a markup July 16, Cuellar himself introduced and withdrew an amendment to the House Appropriations Committee’s fiscal 2022 energy and water budget opposing the proposed storage sites.
Cuellar told Weapons Complex Morning Briefing after the markup that he would work with energy and water subcommittee chair Rep. Marcy Kaptur (D-Ohio) and ranking member Rep. Kay Granger (R-Texas) to get some language about the proposed commercial sites into the Department of Energy’s roughly $20 million budget for a federal interim storage inquiry.
Meanwhile, NRC is pressing on with licensing activities for the proposed interim storage sites. Commission chair Christopher Hanson told members of Congress July 14 that a final licensing decision would be made for the ISP site in November. A call on Holtec’s license wouldn’t be ready until January, Hanson said.