1、Regulatory Roundup:Streamline Permitting,Alleviate Burdens,Maintain Safety and Promote Energy IndependenceThe DeSoto Hotel,Savannah,GATuesday,June 10,2025Michael F.McBride Van Ness Feldman,LLP2000 Pennsylvania Avenue,NW,Suite 600Washington,DC 20006(202)298-18002Introduction and Overview The NRC has
2、issued“possession”licenses for decades,and its authority to do so has been upheld in two Circuits.Texas and oil and gas interests(Fasken)challenged the NRCs away-from-reactor“possession”license for the ISP spent nuclear fuel(“SNM”)storage project.Fifth Circuit overturned the ISPs license,holding tha
3、t the NRC lacks such authority.NRC and ISP sought rehearing en banc,but that was denied,9-7.Holtec license also challenged by Fasken in Fifth Circuit,but Fifth Circuit reversed the NRCs license for Holtec,too,on the same basis.The Supreme Court granted cert in ISP case and heard oral argument on Mar
4、ch 5,2025.Holtec case on hold.3Background -Blue Ribbon Commission on Americas Nuclear Future,Bipartisan Policy Center The BRC was created in 2010 as an advisory committee to the Secretary of Energy.Final Report issued in 2012:www.brc.gov.In 2014,Bipartisan Policy Center,started by Republican and Dem
5、ocratic Senate Majority Leaders,took up issue.The BPC has finished Phases 1 and 2 of its“Nuclear Waste Initiative,”but did not issue a Report for Phase 1 it was not possible to find consensus then.Instead,as part of Phase 1,the BPC issued a series of papers on contentious topics:Background-Continued
6、 http:/bipartisanpolicy.org/library/nuclear-waste-primer-series/:Options for Consolidated Storage of Spent Nuclear Fuel;States Regulatory Authorities over Nuclear Waste Facilities;Restarting the Yucca Mountain Project the Case for and Against;Ten Things You Need to Know About Nuclear Waste;Transport