Mothers for Nuclear Informational Flyer

Understanding DOE’s Critical Decision Process: Progress Toward a Consolidated Interim Storage Facility for Commercial Spent Nuclear Fuel

The critical decision (CD) process is used by the Department of Energy (DOE) to manage the Department’s large-scale, long-term projects, also known as capital projects. CD-0 was recently approved for DOE’s Consolidated Interim Storage Facility project. Learn more about this milestone.

What is Consent-Based Siting?

Consent-based siting is an approach to siting facilities that prioritizes the participation and needs of people and communities and seeks their willing and informed consent to accept a project in their community. The U.S. Department of Energy (DOE) is using a consent-based siting approach to identify one or more sites for federal consolidated interim storage facilities for commercial spent nuclear fuel.

State decisions regarding a repository for high-level radioactive waste have an extraordinary intergenerational significance. The academic legal discussion has increasingly strengthened the status of future generations in constitutional law. In its recent decision on the German Climate Protection Act, the Federal Constitutional Court equally emphasised that state actors have an obligation to protect future generations. Fundamental rights of future generations thus have an anticipated effect in the present.

After decades of preparation, the final disposal of spent nuclear fuel has reached the construction stage in Finland, and the neighboring Sweden is likely to soon follow in the footsteps. These Nordic countries rely on a similar technical concept based on passive safety, advocated as a means of minimizing the burden to future generations. The scholarly literature on the ethics of nuclear waste management has thus far paid little attention to the views of the broader publics on the associated ethical challenges.

With the termination of the Yucca Mountain project, which was proposed to be our nation’s first repository for the disposal of military and civilian spent nuclear fuel and high-level radioactive waste, the future of nuclear waste management and disposal in this country became increasingly uncertain. Interim storage has been advocated by many as a temporary solution while a permanent solution is studied for potentially several more decades to come.

Nuclear waste management seems to exist in a perpetual state of crises. For 50 years the nuclear states of the world have fought, and generally lost, the battle to deal with the nuclear waste problem. Worldwide, there is a growing acknowledgement within industry and government that social and ethical issues are just as important as technical issues when developing safe programs for nuclear waste management. This paper is a review of some of the outstanding social and ethical issues that are influencing discussions on nuclear waste management around the world.

In October 2022, the NEA Forum on Stakeholder Confidence (FSC) organised, in collaboration with the Belgian Agency for Radioactive Waste and Enriched Fissile Materials (ONDRAF/NIRAS), a national workshop in Dessel, Belgium, to explore the topic of stakeholder involvement across generations.

Building on previous work on this topic, participants gathered to discuss how to keep local communities involved in radioactive waste management after site selection, how to engage youth as key stakeholders and which approaches can be used to communicate with stakeholders now and in the future.

Intergenerational justice is an inherent component of nuclear waste management. By looking at challenges of intergenerational justice at various stages of the repository siting process, the following thesis is discussed: Current generations can anticipate notions of intergenerational justice by applying high procedural standards to enable equitable distribution between generations and thus adequately recognize the needs of future generations. Applying high standards in this context means a constantly critical, reflexive, and open process, without bias or selfishness.

Purpose of Review: The nuclear power industry started in the 1950s and has now reached a phase of disposing high-level nuclear waste. Since the 1980s, the United Nations has developed a concept of sustainable development and governments have accordingly made ethical commitments to take responsibility towards future generations. The purpose of this review is to examine ethical dilemmas related to high-level nuclear waste disposal in a long-term perspective including potential access to the waste in the future.

Final disposal of spent nuclear fuel (SNF) from nuclear power plants (NPPs) is an ethical issue with implications within and across generations. We address this issue from the perspective of nuclear communities that host nuclear waste disposal sites. These are primarily the communities that face injustice due to the potential radiological risks. A resident survey (n = 454) was conducted in two Finnish nuclear communities, i.e. Eurajoki and Pyhäjoki, that are being considered as alternative sites for a second repository for SNF.

Large-scale investments in land are spreading faster than ever before across the global south. Often these investments target lands governed by customary rights that are not adequately recognized and protected under national laws, or sites where governments lack the capacity to enforce the law. Land deals that change the use of land and natural resources have wide implications for indigenous peoples and local communities who depend primarily on these resources for their livelihoods, welfare and cultural identity.

As a result of the 2007 ruling by the U.S. District Court of Northern California that the DOE must prepare an Environmental Impact Statement (EIS) to evaluate alternatives for cleanup of Area IV of the SSFL, DOE has implemented major changes in its management of SSFL Area IV. As an initial step, this community involvement plan (CIP) outlines a series of activities and programs that intend to engage the public, establish transparency in DOE actions and decisions, and increase input from the community.

The FAO Governance of Tenure Technical Guides are part of FAO’s initiative to help develop capacities to improve tenure governance and thereby assist countries in applying the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security. The FAO Governance of Tenure Technical Guides are prepared by technical specialists and can be used by a range of actors.

The U.S. nuclear waste management program has labored for decades at a cost of billions of dollars each year, and yet there is still no active disposal program either for spent nuclear fuel from commercial reactors or for the high-level radioactive legacy waste and spent nuclear fuel from defense programs.