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Up & Atom

KEY TRENDS IN LAW AND POLICY REGARDING
NUCLEAR ENERGY AND MATERIALS

The US Department of Energy’s Office of Nuclear Energy recently issued an update to its “road map for implementing a consent-based siting process” to site one or more federal interim storage facilities for spent nuclear fuel. The 2023 update retains most of the features of the prior 2017 version, but further clarifies the focus of DOE’s spent fuel siting efforts, incorporates some changes and updates, and provides the current aspirational timelines for the key stages of the effort.

As a reminder, DOE’s most recent consent-based siting efforts began in 2015 by soliciting general public feedback on consent-based siting. In January 2017, it developed the “Draft Consent-Based Siting Process for Consolidated Storage and Disposal Facilities for Spent Nuclear Fuel and High-Level Radioactive Waste” and again requested public comment on that process.

In December 2021, it sought further public comment by issuing a Request for Information (RFI) on “Using a Consent-Based Siting Process to identify Federal Interim Storage Facilities.” The 2023 update reflects the most recent round of public feedback, but DOE expects to continue to refine the process “as it learns more.”

Importantly, DOE states that it must receive congressional authorization to begin construction of a federal consolidated interim storage facility for commercial spent nuclear fuel but can pursue a range of activities under current law, including collaborating with potentially interested communities, negotiating an agreement with a host community, and designing and seeking a license for an interim storage facility. However, DOE is now clear that this effort no longer includes facilities for deep geologic disposal. Instead, DOE is currently focused on siting only consolidated interim storage facilities, while supporting ongoing research and development on options for permanent disposal.

Other changes in the 2023 version include (1) a greater emphasis on environmental justice, (2) an increased role for potential host communities in developing site-specific assessment criteria, and (3) increased funding opportunities to support meaningful community participation.

DOE states that its aim is “to offer general direction, not to set out a rigid blueprint to be followed.” DOE also states that federal facilities are subject to appropriations and authorization constraints that may require modifications to consent-based efforts and schedules.

The report includes a figure depicting the three stages of the effort (and various sub-phases), which are as follows:

  1. Planning and Capacity Building Stage (est. 2–3 years)
  2. Site Screening and Assessment Stage (est. 4–7 years)
  3. Negotiation and Implementation Stage (est. 4–5 years for initial operation readiness)

DOE notes that communities may enter the consent-based siting process at any phase, but generally expects them to follow a sequential process and “reasonably demonstrate” that members of the host community are willing and informed, and issues of environmental justice have been addressed within the involved community. Communities can also exit the process until a contract has been ratified.

We will continue to monitor this effort and its progress and provide further updates on any significant milestones.