Update on Yankee Companies and National SNF Status
3 Yankee Companies & National SNF Status Update
NEHLRWT Taskforce Meeting, New Brunswick, NJ
October 26, 2022
Eric Howes, Director Public & Government Affairs
Maine Yankee Atomic Power Company
O
verview of the
3 Yankee
Companies
MY, CY, and YR are independent, single-asset, fully
decommissioned
NPP
sites that have been stand-alone ISFSIs
for nearly two decades
.
When DOE meets its
obligation to remove the SNF/GTCC
waste, the ISFSIs will be decommissioned, the NRC licenses
terminated, the sites made available for other purposes, and
the companies will go out of business.
Until then it is the 3 Yankees’ responsibility as the NRC
licensees to store and secure the SNF/GTCC waste in
accordance with all applicable regulations.
The 3 Yankee Companies have been in litigation with the DOE
since 1998 to recover costs for the 3 companies' utility owners
and their ratepayers resulting from the federal government's
ongoing failure to remove the SNF/GTCC waste. The 3
companies to date have recovered about $575 million through
4 rounds of litigation.
There are currently 21 permanently & announced shutdown
sites in the U.S.
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ISFSI dry cask systems
licensed by NRC for
storage & Transport: NAC UMS System at MY,
NAC MPC system at CY & YR
115 canisters SNF, 8 canisters GTCC waste
Yankees are working with NAC on NRC applications to
renew the MPC & UMS storage CofCs for up to 40 years.
Both applications have been accepted for review.
Aging Management Programs for each of the 3 Yankee
sites have been drafted and are in the review process.
A d
ry storage system
inspection was conducted at
YR last
summer
;
CY, 24; MY, 26
Maine Yankee
Yankee Rowe
Connecticut Yankee
Nuclear Regulatory Commission
Commissioner Status:
On July 27th, the Senate Environment and Public Works Committee reported the
nominations of Annie Caputo and Bradley Crowell to the Nuclear Regulatory Commission by voice vote.
They both subsequently received a confirmation vote by the full Senate.
ISFSI Security Requirements Rulemaking
:
In July,
NEI submitted a comment letter to NRC regarding the
staff’s effort to provide the Commissioners with an options paper they requested to move the rulemaking
forward. The letter
noted
that the NRC staff had previously recommended discontinuing the rulemaking
because the 9/11 security orders for ISFSI Sites were adequate – and that there is no new information or
issues that would warrant the imposition of new or revised security requirements for the ISFSIs beyond those
orders – and NRC has not provided any basis for a change on position.
T
he staff’s options recommendations
to the Commissioners for potentially codifying ISFSI-specific security requirements are expected to be issued
soon.
Decommissioning Rulemaking:
Public comments were due August 30th on the rule and guidance
documents. The 3 Yankee companies provided comments that were included in the DPC comment letter and
attachments. The 3 Yankee companies also participated in the development of NEI’s comments. NRC staff
reported at the September NEI Decommissioning Working Group meeting that the final rule is expected to go
to the Commission in October 2023.
Congress: FY ‘23 Funding Legislation
In the FY ‘23 Budget Request released by the Administration on March 28th,
DOE requested $53 million to
support the implementation of a consent-based siting process for a federal interim storage facility.
On July 20
th
, a mini omnibus appropriations bill was passed by the House
which
included the Energy and
Water Development bill as well as 10 other appropriations bills.
At the end of July, the Senate Appropriations Committees released their FY ‘23 spending bills including the
Energy & Water Development bill. That bill aligns with the scope of the House E&WD bill and directs DOE
to move forward under its existing authority for a consent-based approach to identify a site for a Federal
Consolidated Interim Storage facility. It also specifically directs that priority for storage be given to SNF
located on sites without an operating reactor.
A
t the end of September when the fiscal year ended, Congress passed a CR funding the government until
December 16th as work has not been completed on the FY
‘
23 budget.
Congress: FY ‘23 Funding Legislation
Of note:
During the June 28
th
House Appropriations markup of the FY ‘23 E&W Development
bill
Congressman Cuellar (D-TX) offered
and then withdrew an amendment consistent with the
“Heinrich/Cruz” bill introduced March 2, 2022 (and identical bill in House) which
prohibits the
use of federal funds to carry out any activities that would lead to the development of a CIS facility
owned or operated by a private company and requires the prohibition to remain in place until a
permanent repository is available to accept SNF.
The Heinrich/Cruz bill was not included in the
March FY 22 Omnibus funding bill although there was a concerted effort made to do so.
T
he “Heinrich/Cruz” bill is supported by oil interests in Texas and New Mexico and by
Appropriations Committee Ranking Member Kay Granger (R-TX).
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On July 6th Rep. Dina Titus’ (D-NV) offered an amendment to the National Defense Authorization Act
that would prohibit the
DOE
from using funds in the federal Nuclear Waste Fund “for expenditures
involving repositories for disposing of spent nuclear fuel or high-level radioactive waste
” until
it has
entered into written agreements with the host state’s governor as well as local and tribal governments –
language similar to that of a bill she and Sen
ator
Catherine Cortez Masto (D-NV) have repeatedly tried
to push through Congress – most recently back in March 2021. The amendment did not make the cut by
the House Rules Committee, so it was not taken up on the House floor during debate of the NDAA.
In late July, Senator Joe Manchin (D-WV)
raised
a draft bill “The Nuclear Waste Administration Act” to
establish a new organization to manage nuclear waste, provide a consensual process for siting nuclear
waste facilities, ensure adequate funding for managing nuclear waste, and for other purposes The bill
was to be included at the July 28th full Senate Committee on Energy and Natural Resources hearing
along with 10 other bills, but was pulled by Senator Manchin from the schedule wh
en he was unable to
be present due to Covid
.
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Recall in July 2021 Congressmen Mike Levin (D-CA) and Rodney Davis (R
-
IL) announced the formation of
the Spent Nuclear Fuel Solutions Caucus. The purpose of the bipartisan caucus is to address the challenges
associated with stranded commercial spent fuel across the country and serve as a forum where House
members can come together to make headway on the issue, regardless of whether they have a preferred
solution.
The SNF Solutions Caucus held a virtual meeting associated with the July NARUC Summer Policy Summit
in San Diego that involved state utility commissioner participation. The state folks that spoke were
Maryland’s PUC Commissioner Tony O’Donnell (who is Chair of NARUC’s Subcommittee on Nuclear
Issues-Waste Disposal) and Minnesota’s PUC Chair Katie Sieben (who is the Chair of the Nuclear Waste
Strategy Coalition).
There are currently 24 members of the SNF Solutions Caucus including 2 from NE and 2 from NY: Rep
Chellie Pingree (D-ME), Rep Joe Courtney (D-CT), Rep Jones (D-NY), and Rep Maloney (D-NY).
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Congressman Courtney and DOE Assistant Secretary for Nuclear Energy Dr. Katy Huff are
planning
to hold a
stakeholder meeting December 20
th
in the Haddam area to discuss the DOE’s Consent Based Siting process
and funding opportunity for federal interim storage facilities.
A tour of CY is planned the same day
by the
Congressman, the DOE Assistant Secretary, and the DOE Deputy Assistant Secretary for Spent Fuel and
Waste Disposition.
Oliver Edelson, Legislative Assistant to Congressman Levin, has been
meeting regularly
with
stakeholders
regarding the SNF Solutions Caucus and the SNF issue – NEI, NWSC leadership, DPC, NARUC, VT
NDCAP Federal Nuclear Waste Policy Committee, etc.
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Texas:
T
he NRC decision approving the license for the proposed Interim Storage Partners CIS facility in
Texas was issued
September 13, 2021
.
New Mexico:
The NRC published the final Environmental Impact Statement on July 13th for the proposed
Holtec CIS facility in NM and the staff recommended issuing the license, pending the final Safety Evaluation
Report. Staff expects to issue the final Safety Evaluation Report in conjunction with its final licensing
decision by January 2023.
Litigation by the states of TX and NM and other opponents of the two projects continues in several federal
courts.
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On September 20th, Nevada filed a motion with the NRC requesting that the Commission lift the suspension
of the Yucca Mountain licensing proceeding which has been in place since 2011. Specifically, Nevada
requested that the Commission lift the suspension for the limited purpose of allowing the state to file three
motions for summary judgement addressing DOE’s alleged failure to: (1) obtain necessary ownership and
controls over land in and surrounding the repository, (2) obtain restrictions on overflights of military aircraft
from the U.S. Air Force, and (3) include an analysis of human-induced climate change in the YM license
application.
On September 30th NEI filed an answer joined by NARUC and others opposing Nevada’s motion arguing the
motion is untimely, not supported by changed circumstances and would result in a waste of all parties’
resources. NRC staff also filed an answer opposing NV’s motion making similar arguments. There were no
answers filed supporting NV’s motion.
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DOE’s consent-based siting process and funding opportunity to establish federal interim storage
facilities are important steps towards achieving an interim spent fuel storage solution.
The DOE’s effort also serves to raise the profile of the spent nuclear fuel storage issue and the need
to re-establish an integrated national nuclear waste management program that includes interim
storage with priority removal for SNF/GTCC waste stored at shutdown sites, transportation
planning and funding for states and tribes, and a permanent disposal repository.
Congress must re-establish a national integrated waste management program – with sustained
Congressional direction and funding from the Nuclear Waste Fund.
The indefinite storage of the SNF/GTCC waste was never consented to by our local communities,
states, or companies.
Thank you!
ehowes@3yankees.com
http://www.3yankees.com/index.html
Yankee Companies, including MY, CY, and YR, are stand-alone ISFSIs awaiting DOE's removal of SNF/GTCC waste before decommissioning. The companies have been in litigation to recover costs since 1998. Permanently shutdown nuclear plant sites and ISFSI dry cask systems are detailed. Updates on NRC Commissioner status and ISFSI security requirements rulemaking are also provided.
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Presentation Transcript
3 Yankee Companies & National SNF Status Update NEHLRWT Taskforce Meeting, New Brunswick, NJ October 26, 2022 Eric Howes, Director Public & Government Affairs Maine Yankee Atomic Power Company
MY, CY, and YR are independent, single-asset, fully decommissioned NPP sites that have been stand-alone ISFSIs for nearly two decades. When DOE meets its obligation to remove the SNF/GTCC waste, the ISFSIs will be decommissioned, the NRC licenses terminated, the sites made available for other purposes, and the companies will go out of business. Overview of the 3 Yankee Companies Until then it is the 3 Yankees responsibility as the NRC licensees to store and secure the SNF/GTCC waste in accordance with all applicable regulations. The 3 Yankee Companies have been in litigation with the DOE since 1998 to recover costs for the 3 companies' utility owners and their ratepayers resulting from the federal government's ongoing failure to remove the SNF/GTCC waste. The 3 companies to date have recovered about $575 million through 4 rounds of litigation. There are currently 21 permanently & announced shutdown sites in the U.S.
Permanently & Announced Shutdown Nuclear Plant Sites Permanently & Announced Shutdown Nuclear Plant Sites
ISFSI dry cask systems licensed by NRC for storage & Transport: NAC UMS System at MY, NAC MPC system at CY & YR Maine Yankee 115 canisters SNF, 8 canisters GTCC waste Yankee Rowe Yankees are working with NAC on NRC applications to renew the MPC & UMS storage CofCs for up to 40 years. Both applications have been accepted for review. Aging Management Programs for each of the 3 Yankee sites have been drafted and are in the review process. A dry storage system inspection was conducted at YR last summer; CY, 24; MY, 26 Connecticut Yankee
Nuclear Regulatory Commission Commissioner Status:On July 27th, the Senate Environment and Public Works Committee reported the nominations of Annie Caputo and Bradley Crowell to the Nuclear Regulatory Commission by voice vote. They both subsequently received a confirmation vote by the full Senate. ISFSI Security Requirements Rulemaking: In July, NEI submitted a comment letter to NRC regarding the staff s effort to provide the Commissioners with an options paper they requested to move the rulemaking forward. The letter noted that the NRC staff had previously recommended discontinuing the rulemaking because the 9/11 security orders for ISFSI Sites were adequate and that there is no new information or issues that would warrant the imposition of new or revised security requirements for the ISFSIs beyond those orders and NRC has not provided any basis for a change on position. The staff s options recommendations to the Commissioners for potentially codifying ISFSI-specific security requirements are expected to be issued soon. Decommissioning Rulemaking: Public comments were due August 30th on the rule and guidance documents. The 3 Yankee companies provided comments that were included in the DPC comment letter and attachments. The 3 Yankee companies also participated in the development of NEI s comments. NRC staff reported at the September NEI Decommissioning Working Group meeting that the final rule is expected to go to the Commission in October 2023.
Congress: FY 23 Funding Legislation In the FY 23 Budget Request released by the Administration on March 28th, DOE requested $53 million to support the implementation of a consent-based siting process for a federal interim storage facility. On July 20th, a mini omnibus appropriations bill was passed by the House which included the Energy and Water Development bill as well as 10 other appropriations bills. At the end of July, the Senate Appropriations Committees released their FY 23 spending bills including the Energy & Water Development bill. That bill aligns with the scope of the House E&WD bill and directs DOE to move forward under its existing authority for a consent-based approach to identify a site for a Federal Consolidated Interim Storage facility. It also specifically directs that priority for storage be given to SNF located on sites without an operating reactor. At the end of September when the fiscal year ended, Congress passed a CR funding the government until December 16th as work has not been completed on the FY 23 budget.
Congress: FY 23 Funding Legislation Of note: During the June 28thHouse Appropriations markup of the FY 23 E&W Development bill Congressman Cuellar (D-TX) offered and then withdrew an amendment consistent with the Heinrich/Cruz bill introduced March 2, 2022 (and identical bill in House) which prohibits the use of federal funds to carry out any activities that would lead to the development of a CIS facility owned or operated by a private company and requires the prohibition to remain in place until a permanent repository is available to accept SNF. The Heinrich/Cruz bill was not included in the March FY 22 Omnibus funding bill although there was a concerted effort made to do so. The Heinrich/Cruz bill is supported by oil interests in Texas and New Mexico and by Appropriations Committee Ranking Member Kay Granger (R-TX).
Congress: Authorizing Legislation Congress: Authorizing Legislation On July 6th Rep. Dina Titus (D-NV) offered an amendment to the National Defense Authorization Act that would prohibit the DOE from using funds in the federal Nuclear Waste Fund for expenditures involving repositories for disposing of spent nuclear fuel or high-level radioactive waste until it has entered into written agreements with the host state s governor as well as local and tribal governments language similar to that of a bill she and Senator Catherine Cortez Masto (D-NV) have repeatedly tried to push through Congress most recently back in March 2021. The amendment did not make the cut by the House Rules Committee, so it was not taken up on the House floor during debate of the NDAA. In late July, Senator Joe Manchin (D-WV) raised a draft bill The Nuclear Waste Administration Act to establish a new organization to manage nuclear waste, provide a consensual process for siting nuclear waste facilities, ensure adequate funding for managing nuclear waste, and for other purposes The bill was to be included at the July 28th full Senate Committee on Energy and Natural Resources hearing along with 10 other bills, but was pulled by Senator Manchin from the schedule when he was unable to be present due to Covid.
House Spent Nuclear Fuel Solutions Caucus House Spent Nuclear Fuel Solutions Caucus Recall in July 2021 Congressmen Mike Levin (D-CA) and Rodney Davis (R-IL) announced the formation of the Spent Nuclear Fuel Solutions Caucus. The purpose of the bipartisan caucus is to address the challenges associated with stranded commercial spent fuel across the country and serve as a forum where House members can come together to make headway on the issue, regardless of whether they have a preferred solution. The SNF Solutions Caucus held a virtual meeting associated with the July NARUC Summer Policy Summit in San Diego that involved state utility commissioner participation. The state folks that spoke were Maryland s PUC Commissioner Tony O Donnell (who is Chair of NARUC s Subcommittee on Nuclear Issues-Waste Disposal) and Minnesota s PUC Chair Katie Sieben (who is the Chair of the Nuclear Waste Strategy Coalition). There are currently 24 members of the SNF Solutions Caucus including 2 from NE and 2 from NY: Rep Chellie Pingree (D-ME), Rep Joe Courtney (D-CT), Rep Jones (D-NY), and Rep Maloney (D-NY).
House Spent Nuclear Fuel Solutions Caucus House Spent Nuclear Fuel Solutions Caucus Congressman Courtney and DOE Assistant Secretary for Nuclear Energy Dr. Katy Huff are planning to hold a stakeholder meeting December 20thin the Haddam area to discuss the DOE s Consent Based Siting process and funding opportunity for federal interim storage facilities. A tour of CY is planned the same day by the Congressman, the DOE Assistant Secretary, and the DOE Deputy Assistant Secretary for Spent Fuel and Waste Disposition. Oliver Edelson, Legislative Assistant to Congressman Levin, has been meeting regularly with stakeholders regarding the SNF Solutions Caucus and the SNF issue NEI, NWSC leadership, DPC, NARUC, VT NDCAP Federal Nuclear Waste Policy Committee, etc.
Private Consolidated Interim Storage Private Consolidated Interim Storage Facility Initiatives Facility Initiatives Texas: The NRC decision approving the license for the proposed Interim Storage Partners CIS facility in Texas was issued September 13, 2021. New Mexico: The NRC published the final Environmental Impact Statement on July 13th for the proposed Holtec CIS facility in NM and the staff recommended issuing the license, pending the final Safety Evaluation Report. Staff expects to issue the final Safety Evaluation Report in conjunction with its final licensing decision by January 2023. Litigation by the states of TX and NM and other opponents of the two projects continues in several federal courts.
Yucca Mountain Licensing Litigation Yucca Mountain Licensing Litigation On September 20th, Nevada filed a motion with the NRC requesting that the Commission lift the suspension of the Yucca Mountain licensing proceeding which has been in place since 2011. Specifically, Nevada requested that the Commission lift the suspension for the limited purpose of allowing the state to file three motions for summary judgement addressing DOE s alleged failure to: (1) obtain necessary ownership and controls over land in and surrounding the repository, (2) obtain restrictions on overflights of military aircraft from the U.S. Air Force, and (3) include an analysis of human-induced climate change in the YM license application. On September 30th NEI filed an answer joined by NARUC and others opposing Nevada s motion arguing the motion is untimely, not supported by changed circumstances and would result in a waste of all parties resources. NRC staff also filed an answer opposing NV s motion making similar arguments. There were no answers filed supporting NV s motion.
3 Yankees Perspective on DOEs Consent 3 Yankees Perspective on DOE s Consent- -Based Siting Initiative Based Siting Initiative DOE s consent-based siting process and funding opportunity to establish federal interim storage facilities are important steps towards achieving an interim spent fuel storage solution. The DOE s effort also serves to raise the profile of the spent nuclear fuel storage issue and the need to re-establish an integrated national nuclear waste management program that includes interim storage with priority removal for SNF/GTCC waste stored at shutdown sites, transportation planning and funding for states and tribes, and a permanent disposal repository. Congress must re-establish a national integrated waste management program with sustained Congressional direction and funding from the Nuclear Waste Fund. The indefinite storage of the SNF/GTCC waste was never consented to by our local communities, states, or companies.
Thank you! ehowes@3yankees.com http://www.3yankees.com/index.html
