The partial shutdown of the federal government has forced relocation of oral arguments next week on requests to intervene in the Nuclear Regulatory Commission license application for a planned spent nuclear fuel storage site in New Mexico.
The oral arguments will now be held at the State Bar of New Mexico in Albuquerque rather than the federal courthouse in the city, the NRC said Friday.
The nuclear-industry regulator has received its full-year funding for the current fiscal 2019, but federal courts are expected to run out of money by Jan. 18, according to reports this week.
“Because of the partial shutdown of the federal government, it appears the United States District Court in Albuquerque, New Mexico may be unable to accommodate the oral argument in this proceeding that has been scheduled for January 23-24, 2019,” Paul Ryerson, chairman of the three-member NRC Atomic Safety and Licensing Board that is considering the intervention petitions, wrote Tuesday to participants in the upcoming prehearing.
Arguments are due to start at 9 a.m. local time Jan. 23 at the State Bar, 5121 Masthead St. NE. If needed, they will continue the next day.
The following groups will make their case for standing to intervene and allowable contentions against the project: Beyond Nuclear; the Sierra Club; the Alliance for Environmental Strategies; a coalition of nongovernmental groups led by Don’t Waste Michigan; and regional energy concerns Fasken Land and Minerals and Permian Basin Land and Royalty Owners. Agency staff and Holtec International will also present their positions on the intervention petitions.
The Eddy-Lea Energy Alliance has petitioned to participate as a local interested government body, as have its four members: the cities of Carlsbad and Hobbs and Lea and Eddy counties. The organization is partnering with Holtec on the project. One representative from each of the five entities will be allowed to speak to the board.
The Atomic Safety and Licensing Board rules on the intervention requests, but its decisions can be appealed to the commission.
Holtec hopes by 2022 to open its facility for interim storage of up to 173,000 metric tons of used fuel from commercial nuclear power reactors. The waste ultimately is supposed to be taken to a permanent disposal site. Nuclear Regulatory Commission staff will determine whether Holtec receives its 40-year license.
