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RadWaste Monitor Vol. 17 No. 12
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RadWaste Monitor
Article 3 Of 8
 March 22, 2024
 
Fifth Circuit will not give NRC another chance to prove commercial interim storage is legal
By Dan Leone
 
The Nuclear Regulatory Commission will have to appeal to the U.S. Supreme Court if it wants another chance to prove that it can legally license commercial interim storage of spent nuclear fuel.

According to an order dated March 14, judges of the Fifth Circuit voted 9-7, with one recused, not to rehear the NRC’s argument that the Atomic Energy Act authorizes the commission to license interim storage of spent fuel away from the reactors that generated it.
“We continue to adhere to our position that the judiciary has not only the authority but the duty to review the NRC’s actions, which may threaten significant environmental damage in the Permian Basin, one of the largest fossil fuel deposits in the world,” the court wrote in its opinion.
In August, as part of a lawsuit filed by the state of Texas, a panel of three Fifth Circuit judges ruled that the Atomic Energy Act did not give NRC this authority, effectively striking down a license the NRC granted to a joint venture of Waste Control Specialists and Orano to store spent fuel in Andrews County, Texas.
The Fifth Circuit’s ruling last year also killed a similar commercial interim storage license the NRC gave to Holtec International for a proposed facility in eastern New Mexico.
Three Fifth Circuit judges disagreed with the majority’s opinion last week, writing among other things that the court’s ruling will allow people to evade regulatory agencies using maneuvers with no basis in federal law.
“This exercise of jurisdiction has grave consequences for regulated entities’ settled expectations and careful investments in costly, time consuming agency proceedings, inviting spoilers to sidestep the avenues for participation that Congress carefully created to prevent this uncertainty,” the three dissenting judges wrote.
Among other things, NRC argued that Texas never participated in the commission’s debate about licensing the Andrews County facility and that therefore the state had no right to sue over the commission’s final licensing decision.
Meanwhile, the NRC continues to argue in a separate but related case in the U.S. Court of Appeals for the District of Columbia Circuit that the Atomic Energy Act allows the agency to license commercial interim storage of spent fuel.
Community solar facility bill passes state house 
 
Stacy Wescoe//March 29, 2024//  
 
A bill that would make it easier for homeowners in Pennsylvania to save money with solar technology has been passed by the State House of Representatives. 
 
The legislation, which was introduced by Rep. Peter Schweyer, D-Lehigh, would create a community solar program. 
 
Power customers would be allowed to subscribe to a portion of a community solar facility with guaranteed savings; allow for the creation, financing, accessibility and operation of community solar generating facilities; encourage development of community solar programs and encourage participation in programs which will benefit low to moderate income customers and their communities. 
 
“This bill is a win-win-win for Pennsylvanians as it would open access to renewable energy, ease the amount of energy output on the grid, help protect the environment and bring in thousands of good paying jobs to the commonwealth,” said Schweyer, D-Lehigh. “This would benefit the thousands of people, who like me, live in homes that do not have the space to support solar panels on their property.” 
 
A community solar facility would be run by a nonprofit such as Solar United Neighbors (SUN), which is a national nonprofit organization that arranges solar co-ops for group purchase of home solar panel installations 
 
 “We are thrilled to see HB 1842 moving forward swiftly with bipartisan support,” said Monica Carey, Pennsylvania program director for SUN. “This bill will make solar energy more accessible and affordable for people throughout Pennsylvania. It promotes energy equity and ensures the benefits of community solar reach low-and-moderate income subscribers. The added benefits of HB 1842 include job creation for Pennsylvania workers and diversification of our energy sources in the process.”  
 
 House Bill 1842 now heads to the Senate for consideration 
 
“We now urge the Senate to continue this momentum so we can finally give Pennsylvanians the ability to choose what’s right for them when it comes to their electricity,” Carey said. “SUN’s 22,500 members in Pennsylvania, along with others across the commonwealth, are eager to experience the money-saving, clean energy benefits of community solar.” 
Title: THREE MILE ISLAND NUCLEAR STATION, UNIT 1 – EXEMPTION FROM SELECT REQUIREMENTS OF 10 CFR PART 73_EPID L-2023-LLE-0061
 
Documents in Web-based ADAMS: 
   - Three Mile Island Nuclear Station, Unit 1 – Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0061 [Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting]) (ML24052A060) https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML24052A060
To access document(s) please search by accession number using the following link: https://adams.nrc.gov/wba/
No: 24-013 February 20, 2024
CONTACT: David McIntyre, 301-415-8200
 
NRC Proposes to Amend Licensing, Inspection, and Annual Fees for Fiscal Year 2024
 
The Nuclear Regulatory Commission is seeking public comment on proposed changes to
the licensing, inspection, special projects, and annual fees it will charge applicants and licensees
for fiscal year 2024.
 
The proposed fee rule, published today in the Federal Register, is based on the FY 2024
Congressional Budget Justification as a full-year appropriation has not yet been enacted. The
final rule will be based on the NRC’s actual appropriation, and the agency will update the final
fee schedule as appropriate. The NRC’s proposed FY 2024 budget is approximately $1.01
billion. The agency would use $27.1 million in carryover funds, making the total budget
authority used in the FY 2024 proposed fee rule $979.2 million, an increase of $52.1 million
from FY 2023.
 
Under the Nuclear Energy Innovation and Modernization Act, the NRC is required to
recover approximately 100 percent of its total budget authority in FY 2024, except funds for
specific excluded activities.
 
After accounting for the exclusions from the fee recovery requirement and net billing
adjustments, the NRC must recover approximately $825.7 million in fees in FY 2024. Of this
amount, the NRC estimates that $205.5 million will be recovered through service fees under 10
CFR Part 170 and $620.2 million through annual fees under 10 CFR Part 171.
 
Compared to FY 2023, the proposed annual fees would decrease for the operating power
reactors fee class. This fee does not exceed the cap established by NEIMA. The proposed annual
fees would increase for fuel facilities, spent fuel storage/reactor decommissioning activities, non-
power production or utilization facilities, transportation activities for the U.S. Department of
Energy, the non-DOE uranium recovery licensee, the Uranium Mill Tailings Radiation Control
Act Program, and all materials users fee categories.
 
The proposed fee rule includes several other changes affecting licensees and applicants.
The NRC proposes to increase the hourly rate for services from $300 to $321 for FY 2024, and
license application fees would be adjusted accordingly. In addition, the proposed rule would
amend NRC’s payment methods to align with the U.S. Department of the Treasury’s “No-Cash
No-Check” policy, to remove paper forms of payment and provide that payments be made
electronically using the methods accepted at www.pay.gov.
 
The proposed rule includes detailed instructions on how to submit written comments.
Comments will be accepted through March 21.
 

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