Nuclear Waste Flashcards
What is nuclear waste? Is it useless? (3)
- Nuclear waste is called “spent or used nuclear fuel” by those in the industry
- Can be reprocessed - can be re-utilized in various ways (c.f., France)
- Vitrification - alternative means to stabilize the radioactivity
What is the difference between low-level & high-level nuclear waste?
- Low-level - heavily regulated but widespread (X-Rays, TSA); accepted in NV, TX, WA, SC
- High-level nuclear - NPP rods, highly radioactive; only generated by civilian activities (military has diff track); main focus of Nuclear Waste Policy Act
How is spent nuclear fuel regulated? (3)
- Nuclear Waste Policy Act of 1982
- NEPA
- Price-Anderson Act
Explain how Nuclear Waste Policy Act of 1982 works in theory (5)
- Commercial operator will pay 0.1c/kwH generated into Nuclear Waste Fund
- The National Repository – the fund will be used to generate this to contain waste by storing it deep underground and will be geologically contained
- Timeframe – DOE takes title in 1998 – operators contracted w/ DOE in exchange for 1.
- Utilities keep waste onsite until the DOE takes the waste***
Assumption: we would have solutions 20-30 years later for spent nuclear fuel when the plants were first designed with the pool as a temporary mechanism
Explain how Nuclear Waste Policy Act of 1982 works in practice (Yucca Mountain)
Yucca chosen as a Repository by amending NWPA in 1987
* L spent $10B –> litigation
* Licensing process: site analysis, characterization, DOE operates site & submits application in NRC
* Clinton slow-walks
* GWB wants licensed by end of term –> DOE submits 8k page license to NRC
* Obama: (1) defunds NRC to review DOE application (2) DOE director withdraws application (asks w/ prejudice) (3) new NRC commissioner (NV friend) (4) fires Yucca employees & lease
What were the legal implications of the Yucca Mountain NRC application withdrawal?
- NWPA statute - NRC shall decide in 3 years
- DC Cir (Kavanaugh) ultimately says NRC may must meet its stattutory duty
What is the status of spent nuclear fuel policy in the US in practice? (5)
- Yucca Mountain debacle
- Full cooling pools - Δ regs to fit more rods
- On-site dry cask storage - only solution
- Mounting DOE liability
What is the status of the Nuclear Waste Fund in the US? (2)
- When Yucca seemed unlikely, utilities sued to not pay into the Fund
- DC Cir. agreed. Utilities may suspend the payments
What is the status of spent nuclear fuel storage in the US?
- Since cooling pools are filled up, utilities use dry cak storage after 10 years
- Casks are safe & secure, but expensive and not transportable
- DOE sued utilities for failing to mitigate cost of their breach (not taking title)
- Now, DC Cir. is addresing this problem
What are the DOE liabilities w/r/t spent nuclear fuel? (3)
- Waste volume is more than Yucca capacity; Yucca is FAR from where spent rods are currently stored
- Not taking title year after year
- Litigation over whether utilities mitigated damages properly by using dry casks
* Need to pay for dry casks otherwise
What is the best alternative for spent fuels? (3)
- Reprocessing it down to 1/20 in volume
- But, non-proliferation agreement prevents re-enriching it
- But, cost may be prohibitive - more than getting fresh uranium
Explain how NEPA regulates spent nuclear fuel (5)
Waste Confidence Decision
* NRC - promulgated single EIS (1984) for all the waste for all NPPs through N&C rulemaking
* Ground 1 - Yucca Mt will be done by 2008 or 2009
* Ground 2 - By 2025
* Ground 3 - no date (Obama - 2048)
* Anti-nukes - need new EIS since Yucca is not complete
Explain how the Price-Anderson Act regulates nuclear energy (2)
- Requires NPPs to have $500M insurance & be on the hook for $700M total for nuclear accident liability
- Clear example of negative externality MF - operator unlikely to be properly incentivized to mitigate against potential consequences - cost is borne by society at large
Explain TX v. NRC (3)
- NWPA text only allows “plant operators” to have interim storage of spent fuels
- Interim waste facilities - typically at another NPP but still requires another license & new transportation system even at close distance
- Statutory interpretation - 5th Cir. & TX wants restrictive reading, but NRC wants flexible reading
takeaway from Skull Valley plan?
- state sovereignty vs. tribal control over land use?