Vermont joined New York and Connecticut on Tuesday in filing a lawsuit against the Nuclear Regulatory Commission in the U.S. Court of Appeals for the D.C. Circuit.
According to Vermont Attorney General William Sorrell, the lawsuit challenges two decisions by the NRC - the “Temporary Storage Rule” and its accompanying “Waste Confidence Decision Update.” The suit alleges that the NRC has not fully evaluated environmental risks associated with long-term onsite storage of spent nuclear fuel at locations such as the Vermont Yankee nuclear power plant in Vernon.
“The public has a right to know how long-term storage of spent nuclear fuel will affect the environment, particularly when it is occurring at nuclear power plants that were never designed to be long-term storage facilities of spent nuclear fuel,” said Sorrell in a news release Tuesday. “Calling this a 'temporary' storage rule does not reflect reality when the rule allows spent nuclear fuel to be stored within Vermont's borders for several generations to come.”
NRC rules claim that there would be “no significant impact” on the environment, despite allowing spent nuclear fuel to be stored onsite at power plants for as long as 60 years after the plants cease operating.
The NRC rules also assert that environmental analysis is unnecessary because the NRC is confident that spent nuclear fuel can be stored safely at Vermont Yankee until 2072 (60 years from the end of the current license), or, if the plant is relicensed, until 2092. The lawsuit challenges the enactment of these rules.
Gov. Peter Shumlin voiced his support for the lawsuit.
“The continued storage of spent nuclear fuel on the banks of the Connecticut River, without any real plan for long-term disposal, is unacceptable,” Shumlin said in a news release Tuesday. “We strongly disagree with the Nuclear Regulatory Commission's process and rule regarding nuclear waste management and fully support the Attorney General's efforts on behalf of Vermonters.”
The suit asks the court to vacate the new rules and send the matter back to the NRC for a site-specific analysis of potential environmental impacts associated with onsite storage of spent nuclear fuel.