A recent decision by the U.S. Court of Appeals (D.C. Circuit) will require the U.S. to reevaluate the environmental impacts of disposal and storage of nuclear waste. The decision vacated the NRC’s Waste Confidence Decision Update and Temporary Storage Rule, which
will essentially require the NRC to restart the process of evaluating the safety and potential consequences of producing, accumulating, and storing spent nuclear fuel.
Explaining the decision, the Court writes that “the Commission’s evaluation of the risks of spent nuclear fuel is deficient in two ways: First, in concluding that permanent storage will be available ‘when necessary,’ the Commission did not calculate the environmental effects of failing to secure permanent storage—a possibility that cannot be ignored. Second, in determining that spent fuel can safely be stored on site at nuclear plants for sixty years after the expiration of a plant’s license, the Commission failed to properly examine future dangers and key consequences.”
What is your take on the Court’s decision? What does this mean for the NRC and the future of the nuclear industry?


“Bravo!” to the court. The present situation regarding nuclear waste is dysfunctional. Solving the waste problem is one of the key issues retarding further nuclear generating capacity. The NRC needs to take a second look at reprocessing spent fuel rods to recover long half-life materials.
The original argument against reprocessing was fear of weapons proliferation from the concentrated fissionable materials that would be created. Unfortunately, that horse appears to have left the barn. In a post-9/11 world the reality of spent fuel rods containing long half-life materials distributed around the country is an unconscionable security risk. Further, recycling will reduce the volume of the waste significantly as well as reduce overall storage periods to something less than geologic time. The NRC should recommend the activity and take steps to enable a reprocessing plant. Who knows? Maybe Nevada can get its collective mind around storing the residual waste after reprocessing.