ECA CO-LEADS CALL FOR CONGRESS TO ADVANCE EFFORT ON UPDATING EPA STANDARDS FOR HLW DISPOSAL

ECA Staff | 11/06/2023

Last week, ECA joined a call on Congress to require the Environmental Protection Agency (EPA) to update the standard for the safe, permanent disposal of high-level nuclear waste (HLW), 40 CFR Part 191, and harmonize it with international practices for commercial spent nuclear fuel (SNF) disposal.

In the letter, ECA and eight organizations asserted that the EPA’s generic geologic repository standard has become outdated and inconsistent with modern international repository standards and a revised standard is essential to be applied to future repositories and to protect public health and safety.

The letter encourages Congress to take action and direct the EPA to begin development of a new standard as soon as possible, as these standards should be finalized prior to a site selection process. The letter emphasizes this same sense of urgency regarding the timeframe, stating how it is imperative that EPA starts now on refreshing the standard since it is a long-term endeavor that may take five to ten years.

In filing the congressional letter, ECA was joined by the following organizations:

• American Nuclear Society 
• The Breakthrough Institute 
• Center for Climate and Energy Solutions 
• ClearPath Action 
• Good Energy Collective 
• Nuclear Innovation Alliance 
• Third Way 
• United States Nuclear Industry Council

Read the full letter here.

STATE AUTHORITY TO REGULATE NUCLEAR POWER: FEDERAL PREEMPTION UNDER THE ATOMIC ENERGY ACT (AEA)

Congressional Research Service (CRS) | 11/01/2023

In a recent Congressional Research Service (CRS) Report updated November 1st, legislative attorney 

Jason O. Heflin discusses the following:

Report Summary

As some state governments explore nuclear power’s role in a transition away from fossil fuels, state legislatures continue to debate questions of safety and waste storage. Although safety concerns may prompt states to assert authority over nuclear power, federal law severely limits the extent to which states can regulate nuclear power. The Supreme Court has expressly held that, while states retain authority over “questions of need, reliability, cost, and other related State concerns,” federal preemption prevents states from regulating radiological safety aspects of nuclear power production.

Whether a state law may regulate a part of the nuclear power lifecycle will depend principally on whether the state law or regulation in question is preempted by the Atomic Energy Act (AEA). Although there is “no one crystal clear distinctly marked formula” for determining whether a state law is preempted by federal law, the Supreme Court has established three general classes of preemption: express preemption, conflict preemption, and field preemption. In each instance, “the question of preemption is one of determining Congressional intent”

Many legal disputes surrounding federal preemption of state regulation of nuclear power have centered on field preemption. Under existing Supreme Court precedent, an analysis of whether a state law is preempted under the AEA requires a consideration of both the purpose and the effect of the state law in question. Thus, any state law that is grounded in radiological safety concerns or has a “direct and substantial” effect on the safety of nuclear plant “construction and operation” falls within the field exclusively occupied by the U.S. Nuclear Regulatory Commission (NRC) and therefore would be preempted.

This report covers general constitutional principles of preemption and analyzes the courts’ interpretation of the scope of federal preemption under the AEA, including some significant opinions in the courts of appeals applying Supreme Court precedent. 

Read the full CRS report here. 

NO EASY SOLUTIONS FOR REMOVING SAN ONOFRE'S SPENT NUCLEAR FUEL

KTLA Staff | 11/02/2023

The San Onofre nuclear power plant hasn’t generated any electricity in more than ten years. But even as the iconic plant is being dismantled, it is still generating controversy over what to do with some of the radioactive material on the site.  

San Onofre, wedged between the 5 Freeway and the Pacific Ocean along Interstate 5 near San Clemente, first went online in 1968. Like many nuclear power plants, it was not universally embraced.

For decades, activists fought to get it shut down and, in 2013, they got their wish. Ten years later, however, some of those same activists are raising other concerns: this time about the 16,000 metric tons of spent nuclear fuel still being stored on the site.

KTLA was recently granted an exclusive tour of the current state of operations. 40 of San Onofre’s 62 structures have already been dismantled. The famous domes will be the last to go, managers told us.

“The estimated amount of material that we’re going to remove is about one billion pounds … about 500,000 tons,” said Ron Pontes, who is part of the decommissioning team.

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UPCOMING EVENTS

Adding Nuclear to the Mix: NEI, EPRI, NETL, WVU, AND GAIN

This event serves as a platform to bring together diverse stakeholders including local communities, policymakers, utility companies, and energy innovators to delve into the dynamic landscape of enhancing energy portfolios. Attendees will gain valuable insights into the evolving energy industry, focusing on the integration of innovative value-added energy solutions. By participating, you'll have the opportunity to learn about the current developments and opportunities in the nuclear and sustainable energy generation space. Whether you're seeking to better understand the future of energy, explore ways to support local economies, or foster resilient energy practices, this conference offers a unique chance to connect, learn, and contribute to the ongoing transformation of our energy systems.

The conference registration is live: https://gain.inl.gov/SitePages/2023.11.1415_AddingNuclearToTheMix.aspx

Check out ECA's latest report! 

DISPOSAL DRIVES CLEANUP: RE-ENERGIZING MOMENTUM FOR DISPOSAL SOLUTIONS FOR RADIOACTIVE WASTE

This report calls on the Department of Energy to launch the initiative to develop the actual waste disposition approaches. The Department could potentially save hundreds of billions of dollars in cleanup costs by using its available tools and implementing the report’s recommendations.