Jeremy L. Dillon
RW Monitor
1/9/2015
Entergy filed a new lawsuit in the Federal Court of Claims last week against the Department of Energy seeking damages for the failure to remove the spent nuclear fuel at its Pilgrim Nuclear Station. The litigation is the second suit Entergy has filed seeking repayment for costs incurred to deal with the spent fuel after DOE failed to live up to its Nuclear Waste Policy Act obligations. A previous suit resulted in the payout of approximately $4.2 million for costs incurred from 1998 to 2008 associated with new racks needed to expand wet pool spent fuel storage. “Because the Department of Energy (DOE) continues to fail in its obligations to remove and dispose of spent nuclear fuel, the Entergy nuclear facilities have been forced to expand their spent fuel storage capabilities,” Entergy spokesperson Lauren Burm said. “The current lawsuit seeks, among other costs caused by the DOE’s breach, monies for constructing the dry fuel storage facility, related plant modifications, and the acquisition of canisters and casks.” Entergy declined to comment on how much it is seeking in the new suit.
This lawsuit marks the latest round in litigation concerning DOE’s obligations to remove spent fuel from commercial reactors. The NWPA calls on DOE to remove the spent nuclear fuel and transport it to a final repository, designated as Yucca Mountain, but after the Obama Administration shuttered Yucca Mountain in 2010, deeming the site “unworkable,” DOE has not been able to remove any spent fuel from the commercial reactors. The U.S. government has already paid out an estimated $23 billion in damages to commercial reactors for its failure to move the spent fuel. The Department of Justice did not respond to calls for comment this week.
