Disposal and Storage of Spent Nuclear Fuel — Finding the Right Balance

The Nuclear Waste Policy Act of 1982, as amended, established a statutory basis
for managing the nation’s civilian (or commercially produced) spent nuclear
fuel. The law established a process for siting, developing, licensing, and constructing
an underground repository for the permanent disposal of that waste.
Utilities were given the primary responsibility for storing spent fuel until it is
accepted by the Department of Energy (DOE) for disposal at a repository —
originally expected to begin operating in 1998. Since then, however, the repository
operation schedule has been delayed several times, and according to testimony
submitted to the U.S. Senate by the Secretary of Energy in December
1995, repository operations may be delayed again, perhaps until 2015. These
delays, along with the absence of a federal centralized storage facility, similarly
delay the prospect of federal acceptance and removal of the spent fuel from
utility sites. As a result, much more commercial spent nuclear fuel will require
temporary storage for much longer time periods than originally were anticipated.
Recently, as a result of concerns primarily on the part of nuclear utilities and
public utility commissions, several legislative proposals have been introduced
in Congress that would require the DOE to develop a federal centralized storage
facility at or near Yucca Mountain, Nevada, that could begin accepting
commercial spent nuclear fuel in 1998 or soon thereafter. In addition, a large
group of state agencies and utilities have sued the DOE in the U.S. Court of
Appeals for the District of Columbia to obtain a judgment that makes the DOE
legally responsible to begin accepting utility spent fuel in 1998. These initiatives
have placed storage at the forefront of the debate about the ultimate fate
of spent fuel. They also portend a possible change in the nation’s goal of timely
disposal and a redirection in program focus — from permanent disposal to
temporary storage.