A federal suit against a proposed interim storage facility for spent nuclear fuel remains in limbo while the Nuclear Regulatory Commission works through licensing proceedings, according to a court filing from the agency this week.
Holtec International’s application for a federal license to build an interim storage facility in Lea County, N.M. is “still under consideration by the agency,” NRC said in a status update filed in the D.C. circuit court of appeals Wednesday. The commission previously argued that a 2020 joint suit against the proposed site, headlined by anti-nuclear watchdog Beyond Nuclear, should remain on hold until licensing proceedings are over.
The joint suit, which asks a judge to walk back the Holtec licensing proceedings, was initially paused April 21 while NRC worked out some challenges within the agency to the proposed site. The agency was directed to submit status updates to the court every 90 days starting April 29.
If licensing proceedings continue through next year, it could be a while before there’s any new movement on the case.
In congressional testimony July 14, NRC chair Christopher Hanson said a licensing decision for the proposed Holtec site would come down in January. The review process has faced some delays ⏤ the commission said earlier this month that it was pushing back the publishing date for a required site environmental review to November from July. A safety review for the proposed site was also delayed to January while Holtec provided NRC with more information, the agency said.
Meanwhile, the proposed Lea County site is facing another legal challenge from the Land of Enchantment itself. New Mexico attorney general Hector Balderas in March filed suit against the commission in the state’s district court, arguing that licensing the Holtec site would violate federal law and place an undue financial burden on the state.
The Holtec site is one of two such proposed interim storage facilities currently under federal review. NRC staff recommended Thursday that the commission grant a license to Interim Storage Partners’ proposed site in west Texas.
