Washington (Platts)--16Feb2011/515 pm EST/2215 GMT
In a petition filed in the US Court of Appeals for the District of Columbia Circuit Tuesday, three states asked the court to vacate the US Nuclear Regulatory Commission's updated Waste Confidence Decision and to remand it for further analysis. "Whether you're for or against re-licensing [the Indian Point nuclear power plant near Buchanan, New York,] we can all agree on one thing: Before dumping radioactive waste at the site for at least 60 years after it's closed, our communities deserve a thorough review of the environmental, public, health and safety risks such a move would present," New York Attorney General Eric Schneiderman said in a statement Tuesday. Connecticut and Vermont joined New York in the lawsuit. The states argue NRC "acted arbitrarily" and "abused its discretion" in issuing a waste rule that says spent fuel can be safely stored for at least 60 years after a reactor shuts down. Reactors are licensed for 40 years and with a 20-year license renewal would operate for 60 years, putting the total storage time at more than 100 years. They said NRC violated the National Environmental Policy Act, or NEPA, by not preparing an environmental impact statement, as well as the Administrative Procedure Act and Atomic Energy Act. NRC spokesman David McIntyre said Wednesday: "We believe the Waste Confidence Rule has a solid legal foundation that is well explained in the commission's decision. The rule is in full accord with earlier court decisions interpreting the commission's obligations under NEPA." --Elaine Hiruo, elaine_hiruo@platts.comSimilar stories appear in Nucleonics Week. See more information at http://bit.ly/NucleonicsWeek