Supreme Court confronts what to do with growing pile of nuclear waste

The Debate Continues

Republicans and Democrats, environmental groups and the oil and gas industry all oppose the temporary sites. Photo via uh.edu

The Supreme Court will hear arguments Wednesday in a fight over plans to store nuclear waste at sites in rural Texas and New Mexico.President Joe Biden's administration and a private company with a license for the Texas facility appealed a ruling by the 5th U.S. Circuit Court of Appeals that found that the Nuclear Regulatory Commission exceeded its authority in granting the license. The outcome of the case will affect plans for a similar facility in New Mexico roughly 40 miles away.

On this issue, President Donald Trump's administration is sticking with the views of its predecessor, even with Texas Gov. Greg Abbott, a Republican ally of Trump, on the other side.

The push for temporary storage sites is part of the complicated politics of the nation’s so far futile quest for a permanent underground storage facility.

Here's what to know about the case.

Where is spent nuclear fuel stored now?

Roughly 100,000 tons of spent fuel, some of it dating from the 1980s, is piling up at current and former nuclear plant sites nationwide and growing by more than 2,000 tons a year. The waste was meant to be kept there temporarily before being deposited deep underground.

A plan to build a national storage facility northwest of Las Vegas at Yucca Mountain has been mothballed because of staunch opposition from most Nevada residents and officials.

The Nuclear Regulatory Commission has said that the temporary storage sites are needed because existing nuclear plants are running out of room. The presence of the spent fuel also complicates plans to decommission some plants, the Justice Department said in court papers.

Where would it go?

The NRC granted the Texas license to Interim Storage Partners LLC for a facility that could take up to 5,000 metric tons of spent nuclear fuel rods from power plants and 231 million tons of other radioactive waste. The facility would be built next to an existing dump site in Andrews County for low-level waste, such as protective clothing and other material that has been exposed to radioactivity. The Andrews County site is about 350 miles west of Dallas, near the Texas-New Mexico state line.

The New Mexico facility would be in Lea County, in the southeastern part of the state near Carlsbad. The NRC gave a license for the site to Holtec International.

The licenses would allow for 40 years of storage, although opponents contend the facilities would be open indefinitely because of the impasse over permanent storage.

Political opposition is bipartisan

Republicans and Democrats, environmental groups and the oil and gas industry all oppose the temporary sites.

Abbott is leading Texas' opposition to the storage facility. New Mexico Democratic Gov. Michelle Lujan Grisham also is opposed to the facility planned for her state.

A brief led by Republican Texas Sen. Ted Cruz on behalf of several lawmakers calls the nuclear waste contemplated for the two facilities an “enticing target for terrorists” and argues it's too risky to build the facility atop the Permian Basin, the giant oil and natural gas region that straddles Texas and New Mexico.

Elected leaders of communities on the routes the spent fuel likely would take to New Mexico and Texas also are opposed.

What are the issues before the court?

The justices will consider whether, as the NRC argues, the states forfeited their right to object to the licensing decisions because they declined to join in the commission’s proceedings.

Two other federal appeals courts, in Denver and Washington, that weighed the same issue ruled for the agency. Only the 5th Circuit allowed the cases to proceed.

The second issue is whether federal law allows the commission to license temporary storage sites. Opponents are relying on a 2022 Supreme Court decision that held that Congress must act with specificity when it wants to give an agency the authority to regulate on an issue of major national significance. In ruling for Texas, the 5th Circuit agreed that what to do with the nation’s nuclear waste is the sort of “major question” that Congress must speak to directly.

But the Justice Department has argued that the commission has long-standing authority to deal with nuclear waste reaching back to the 1954 Atomic Energy Act.

Some of those counties affected include production hot spots within the San Juan Basin in northwestern New Mexico and the Permian Basin, which straddles the New Mexico-Texas line. Photo via Getty Images

New Mexico court upholds emissions crackdown impacting oil, gas operations along Texas border

eyes on the west

The New Mexico Court of Appeals has upheld regulations aimed at cracking down on emissions in one of the nation’s top-producing oil and gas states.

The case centered on a rule adopted in 2022 by state regulators that called for curbing the pollutants that chemically react in the presence of sunlight to create ground-level ozone, commonly known as smog. High ozone levels can cause respiratory problems, including asthma and chronic bronchitis.

Democratic Gov. Michelle Lujan Grisham's administration has long argued that the adoption of the ozone precursor rule along with regulations to limit methane emissions from the industry were necessary to combat climate change and meet federal clean air standards.

New Mexico Environment Secretary James Kenney said the court's decision on Wednesday affirmed that the rule was properly developed and there was substantial evidence to back up its approval by regulators.

“These rules aren’t going anywhere,” Kenney said in a statement to The New Mexican, suggesting that the industry stop spending resources on legal challenges and start working to comply with New Mexico's requirements.

The Independent Petroleum Association of New Mexico had argued in its appeal that the rule disproportionately affected independent operators.

“The administration needs to stop its ‘death by a thousand cuts’ hostility to the smaller, family-owned, New Mexico-based operators,” the group's executive director, Jim Winchester, said in an email to the newspaper.

The group is considering its legal options.

Under the rule, oil and gas operators must monitor emissions for smog-causing pollutants — nitrogen oxides and volatile organic compounds — and regularly check for and fix leaks.

The rule applies to eight counties — Chaves, Doña Ana, Eddy, Lea, Rio Arriba, Sandoval, San Juan and Valencia — where ozone pollutants have reached at least 95% of the federal ambient air quality standard. Some of those counties include production hot spots within the San Juan Basin in northwestern New Mexico and the Permian Basin, which straddles the New Mexico-Texas line.

The industry group had argued that Chaves and Rio Arriba counties shouldn’t be included. The court disagreed, saying those counties are located within broader geographic regions that did hit that 95% threshold.

Ten-year-old radioactive waste is currently being debated about by New Mexico officials. Photo via Getty Images

Texas, New Mexico officials contemplate what to do with nuclear waste

in debate

Federal officials gathered Tuesday in southern New Mexico to mark the 25th anniversary of the nation’s only underground repository for radioactive waste resulting from decades of nuclear research and bomb making.

Carved out of an ancient salt formation about half a mile (800 meters) deep, the Waste Isolation Pilot Plant outside Carlsbad has taken in around 13,850 shipments from more than a dozen national laboratories and other sites since 1999.

The anniversary comes as New Mexico raises concerns about the federal government’s plans for repackaging and shipping to WIPP a collection of drums filled with the same kind of materials that prompted a radiation release at the repository in 2014.

That mishap contaminated parts of the underground facility and forced an expensive, nearly three-year closure. It also delayed the federal government’s multibillion-dollar cleanup program and prompted policy changes at labs and other sites across the U.S.

Meanwhile, dozens of boxes containing drums of nuclear waste that were packed at the Los Alamos National Laboratory to be stored at WIPP were rerouted to Texas, where they've remained ever since at an above-ground holding site.

After years of pressure from Texas environmental regulators, the U.S. Department of Energy announced last year that it would begin looking at ways to treat the waste so it could be safely transported and disposed of at WIPP.

But the New Mexico Environment Department is demanding more safety information, raising numerous concerns in letters to federal officials and the contractor that operates the New Mexico repository.

“Parking it in the desert of West Texas for 10 years and shipping it back does not constitute treatment,” New Mexico Environment Secretary James Kenney told The Associated Press in an interview. “So that’s my most substantive issue — that time does not treat hazardous waste. Treatment treats hazardous waste.”

The 2014 radiation release was caused by improper packaging of waste at Los Alamos. Investigators determined that a runaway chemical reaction inside one drum resulted from the mixing of nitrate salts with organic kitty litter that was meant to keep the interior of the drum dry.

Kenney said there was an understanding following the breach that drums containing the same materials had the potential to react. He questioned how that risk could have changed since the character and composition of the waste remains the same.

Scientists at Sandia National Laboratories in Albuquerque were contracted by the DOE to study the issue. They published a report in November stating that the federal government's plan to repackage the waste with an insulating layer of air-filled glass micro-bubbles would offer “additional thermal protection."

The study also noted that ongoing monitoring suggests that the temperature of the drums is decreasing, indicating that the waste is becoming more stable.

DOE officials did not immediately answer questions about whether other methods were considered for changing the composition of the waste, or what guarantees the agency might offer for ensuring another thermal reaction doesn't happen inside one of the drums.

The timetable for moving the waste also wasn't immediately clear, as the plan would need approval from state and federal regulators.

Kenney said some of the state's concerns could have been addressed had the federal government consulted with New Mexico regulators before announcing its plans. The state in its letters pointed to requirements under the repository's permit and federal laws for handling radioactive and hazardous wastes.

Don Hancock, with the Albuquerque-based watchdog group Southwest Research and Information Center, said shipments of the untreated waste also might not comply with the Nuclear Regulatory Commission's certification for the containers that are used.

“This is a classic case of waste arriving somewhere and then being stranded — 10 years in the case of this waste,” Hancock said. “That’s a lesson for Texas, New Mexico, and any other state to be sure that waste is safe to ship before it’s allowed to be shipped.”

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Investment giant to acquire TXNM Energy for $11.5 billion

m&a moves

Blackstone Infrastructure, an investment giant with $600 million in assets under management, has agreed to buy publicly traded TXNM Energy in a debt-and-stock deal valued at $11.5 billion.

TXNM Energy is the parent company of Lewisville-based Texas New Mexico Power (TNMP), which supplies electricity to more than 270,000 homes and businesses throughout Texas. Its Houston-area service territory includes Alvin, Angleton, Brazoria, Dickinson, Friendswood, La Marque, League City, Sweeny, Texas City and West Columbia.

Once Blackstone Infrastructure wraps up the deal in the second half of 2026, Albuquerque, New Mexico-based TXNM will no longer be a public company. But TNMP’s headquarters will remain in Texas and its rates will continue to be set by the Public Utility Commission of Texas. TNMP was founded in 1934.

Blackstone Infrastructure is affiliated with investment powerhouse Blackstone Inc., which has $1.2 trillion in assets under management and is the world’s largest investment manager.

“TNMP has done an excellent job of meeting its customers’ growing demand for electricity and supporting the communities it serves,” Sean Klimczak, Blackstone’s global head of infrastructure, said in a news release. “We look forward to utilizing our long-term investment commitments to support TNMP as they continue on this path of high-demand growth across Texas.”

During TXNM’s fourth-quarter earnings call in February, Chairwoman and CEO Patricia Vincent-Collawn said the company’s five-year Texas capital investment plan had grown by more than $1 billion.

“Our future is so bright with these increased investment levels that we are now targeting earnings growth of 7 percent to 9 percent through 2029,” Vincent-Collawn said.

“Our financial expectations are driven by the continued expansion of grid infrastructure supporting growth and reliability in our Texas service territory,” she added.

In 2024, TXNM reported revenue of $1.96 billion, up 1.7 percent from the previous year.

$135 million Houston battery storage facility breaks ground

coming soon

SMT Energy and CenterPoint Energy have partnered with utility infrastructure solutions provider Irby Construction Company to break ground on a 160 megawatt battery energy storage system (BESS) located in the Houston zone of the ERCOT market.

“We are proud to be underway and deliver this grid-strengthening project to Houston,” Kevin Midei, SVP of engineering, procurement and construction, at SMT Energy, said in a news release.

The BESS, SMT Houston IV, is expected to support grid stability, deliver fast-response power during peak demands and provide resiliency and renewable integration. The project is expected to be online by 2026 and store and dispatch enough electricity to power 8,800 homes in Texas annually.

SMT Energy is the project owner and developer, and CenterPoint Energy will serve as the interconnecting utility, integrating the system into Houston’s broader electrical network,” according to the companies. Irby Construction will serve as the engineering, procurement, and construction (EPC) contractor, and construction of the project is expected to be completed by July. On May 14, the companies broke ground with a ribbon-cutting ceremony to symbolize the start of the build.

“Projects like this demonstrate how collaboration and forward-thinking infrastructure come together to power a more resilient energy future,” Tony Gardner, SVP and chief customer officer at CenterPoint, said in a news release. “At CenterPoint, we recently completed nearly 90 percent of our overall grid resiliency improvements. This is one more action we are taking to build a more resilient and reliable grid to better serve our customers.”

In March, Colorado-based SMT Energy secured $135 million in funding for the SMT Houston IV, led by Macquarie and KeyBanc Capital Markets as joint lead arrangers. In 2023, SMT Energy and joint venture partner SUSI Partners announced plans to add 10 battery storage projects to Texas, which would double capacity from 100 megawatts to 200 megawatts in the Houston and Dallas areas.

In 2019, Irby began construction on the Manatee BESS site with Florida Power and Light (FPL), which was the world’s largest BESS project at the time. Irby has built over 30 BESS sites and has more than 20 currently under construction or contract.

Daikin completes solar plant to power massive Houston-area campus

switched on

Japanese HVAC company Daikin Industries has completed a nearly one-megawatt solar power plant at its Daikin Comfort Technologies North America campus southeast of Waller.

Daikin says the new plant at its 4.2 million-square-foot Daikin Texas Technology Park will eliminate an estimated 845 metric tons of carbon emissions each year. The park houses the largest HVAC factory in North America.

“Daikin’s unwavering commitment to innovation drives us to continually perfect the air we share. With the launch of this solar project, we’re one step closer to being a net-zero CO2 emission factory by 2030,” Nathan Walker, senior vice president of environmental business development of locally based Daikin Comfort Technologies North America, said in a release. “This installation is a significant step in reducing our carbon footprint and underscores our commitment to energy efficiency, sustainability, and environmental stewardship.”

Solar power from the new facility will power the Daikin campus’ central chiller plant, which circulates about 125,000 gallons of chilled water annually and 75,000 gallons of hot water in the winter. Also, the solar setup is designed to connect to the electric grid that serves the campus. About 10,000 people work at the campus.

Daikin, a Fortune 1000 company, may not have been a familiar name to some Houstonians until January, when it took over the naming rights for the Houston Astros’ stadium. The naming rights agreement for Daikin Park, formerly Minute Maid Park, expires during the Astros’ 2039 season. The stadium had been named Minute Maid Park since 2002.

“The Astros are the pride of Houston, an organization that has built resiliency in hard times, and have succeeded to be a winning team. The coming together of both our organizations is a symbol of our love for our hometown and the communities of the Greater Houston area,” Takayuki “Taka” Inoue, executive vice president and chief sales and marketing officer at Daikin Comfort Technologies North America, said in November.

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