Nuclear Regulatory Commissioner Jeff Baran said Wednesday that the agency’s continued storage rule is not an endorsement for indefinite storage of on-site nuclear waste but rather an attempt to ensure that storage is done safely.
Last month, the NRC defended the continued storage rule in federal court against a challenge that the agency has not given “a hard look” to risks associated with spent fuel fires and spent fuel pool leaks. Formerly known as the waste confidence rule, the rule includes a generic environmental impact statement (GEIS) that examines environmental impacts from issuance or renewal of nuclear power plant operating licenses. New York state and co-petitioners have argued that the “one-size-fits-all” rule fails to address site-specific concerns.
Though Baran did not specifically address the case, as it is an ongoing legal matter, he did argue that “the general approach of having a GEIS makes a lot of sense.”
“Whether we landed in the right spot or not (in implementing the rule) is going to be decided by the federal courts,” he said. “Is the continued storage rule NRC’s endorsement of leaving stored waste on-site indefinitely? It is not.”
Baran spoke during his appearance at the NRC’s annual Regulatory Information Conference in Bethesda. The D.C. Circuit Court of Appeals is expected to release an opinion on the matter at a later date.