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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.

Harris County was awarded $1.64 million, the largest total among the local governments. Photo via Getty Images

Houston-area counties land DOE funding for energy infrastructure projects

seeing green

The U.S. Department of Energy recently awarded more than $2 million to Harris and Montgomery counties for projects that improve energy efficiency and infrastructure in the region.

The funds come from the DOE's Energy Efficiency and Conservation Block Grant (EECBG) Program. Harris and Montgomery counties are among 28 state, local, and Tribal governments to have been awarded a total of $30 million through the initiative, according to a statement.

The grants were awarded to eight states, four cities, four counties and 12 smaller, rural communities.

“Our local governments are at the forefront of our clean energy revolution and are critical touchpoints with our nation’s communities creating clean, healthy and affordable communities,” U.S. Secretary of Energy Jennifer M. Granholm says in a statement. “With historic funding thanks to President Biden’s clean energy laws, more Americans will receive upgrades to their homes through residential energy efficiency rebates, expanded weatherization efforts, and electrification programs that will save them energy and increase their comfort.

"This funding will also invest in improving public spaces, giving more Americans across the country access to energy efficient technologies and clean energy infrastructure in their communities such as heat pumps, LED lights, solar energy, and EV charging stations,” she continues.

Harris County was awarded $1.64 million, the largest total among the local governments. It will be put toward for several projects:

  • Conducting community engagement with disadvantaged communities for climate justice planning
  • Performing site assessments for solar and storage on county properties in disadvantaged communities
  • Conducting recycling pilots at county facilities
  • Enhancing walking and bicycling to school as part of the Safe Routes to School plan
  • Deploying an off-grid, solar EV station on county property in a disadvantaged community in the greater-Houston area

Montgomery County was awarded $457,580 to replace 150 metal halide lights at a community sports field with LED lights and add wireless controls.

According to the DOE, more than $430 million in formula grant funding is available through the EECBG Program and another 2,700 governments and tribes are eligible for funds. Grants are slated to be awarded on a rolling basis as the department receives applications. The application deadline for eligible local governments and tribes has been extended to April 30, 2024.

Other states, local governments and tribes to recieve funding in this round include:

States

  • Alabama ($2,207,540)
  • Alaska ($1,627,450)
  • Idaho ($1,742,300)
  • Louisiana ($2,149,350)
  • Maine ($1,668,790)
  • Ohio ($3,130,030)
  • Rhode Island ($1,675,110)
  • Washington ($2,273,890)

Local governments

  • Bend, Oregon ($152,740)
  • Boston, Massachusetts ($659,990)
  • Los Angeles County, California ($1,344,700)
  • Minneapolis, Minnesota ($424,330)
  • Nashville, Tennessee ($644,440)
  • Wagoner County, Oklahoma ($76,900)

EECBG Program Competitive Awards

  • Albany, California ($200,000)
  • Cascade, Idaho ($200,000)
  • Decatur, Georgia ($400,000)
  • Decorah, Iowa ($1,100,000)
  • Durham County, North Carolina ($1,500,000)
  • Eagle County, Colorado ($1,400,000)
  • Exeter, New Hampshire ($200,000)
  • Kittery, Maine ($800,000)
  • Littleton, Massachusetts ($300,000)
  • MOWA Band of Choctaw Indians in Alabama ($1,100,000)
  • Nenana, Alaska ($900,000)
  • Peterborough, New Hampshire ($700,000) and Harrisville, NH

The funds add to the list for grants the federal government has doled out to Houston-area projects related to the energy transition in recent months.

Earlier in October, Granholm announced that the HyVelocity Hydrogen Hub would receive funding through the Bipartisan Infrastructure Law. The project, which connects more than 1,000 miles of hydrogen pipelines, 48 hydrogen production facilities and dozens of hydrogen end-use applications across Texas and Southwest Louisiana will receive up to $1.2 billion.

The DOE also granted more than $10 million in funding to four carbon capture projects with ties to Houston earlier this summer.

And in September, Rice University announced that it would host the Carbon Management Community Summit this fall, sponsored by the DOE, and in partnership with the city of Houston and climate change-focused multimedia company Climate Now. The event takes place next month.
The HyVelocity Hub, representing the Gulf Coast region, will receive $1.2 billion to strengthen and further build out the region's hydrogen production. Photo via Getty Images

Houston-area selected among 7 regions for $7B federal hydrogen hub investment

HyVelocity

Not only has a Houston-area project been announced as one of the seven regions to receive a part of the $7 billion in Bipartisan Infrastructure Law funding to advance domestic hydrogen production — but the Bayou City is getting one of the largest pieces of the pie.

President Biden and Energy Secretary Jennifer Granholm named the seven regions to receive funding in a White House statement today. The Gulf Coast's project, HyVelocity Hydrogen Hub, will receive up to $1.2 billion — the most any hub will receive, per the release.

“As I’ve stated repeatedly over the past years, we are uniquely positioned to lead a transformational clean hydrogen hub that will deliver economic growth and good jobs, including in historically underserved communities," Houston Mayor Sylvester Turner says in a news release. "HyVelocity will also help scale up national and world clean hydrogen economies, resulting in significant decarbonization gains. I’d also like to thank all the partners who came together to create HyVelocity Hub in a true spirit of public-private collaboration.”

Backed by industry partners AES Corporation, Air Liquide, Chevron, ExxonMobil, Mitsubishi Power Americas, Ørsted, and Sempra Infrastructure, the HyVelocity Hydrogen Hub will connect more than 1,000 miles of hydrogen pipelines, 48 hydrogen production facilities, and dozens of hydrogen end-use applications across Texas and Southwest Louisiana. The hub is planning for large-scale hydrogen production through both natural gas with carbon capture and renewables-powered electrolysis.

The project is spearheaded by GTI Energy and other organizing participants, including the University of Texas at Austin, The Center for Houston’s Future, Houston Advanced Research Center, and around 90 other supporting partners from academia, industry, government, and beyond.

“Prioritizing strong community engagement and demonstrating an innovation ecosystem, the HyVelocity Hub will improve local air quality and create equitable access to clean, reliable, affordable energy for communities across the Gulf Coast region,” says Paula A. Gant, president and CEO of GTI Energy, in a news release.

According to the White House's announcement, the hub will create 45,000 direct jobs — 35,000 in construction jobs and 10,000 permanent jobs. The other selected hubs — and the impact they are expected to have, include:

  • Tied with HyVelocity in terms of funding amount, the California Hydrogen Hub — Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES) — will also receive up to $1.2 billion to create 220,000 direct jobs—130,000 in construction jobs and 90,000 permanent jobs. The project is expected to target decarbonizing public transportation, heavy duty trucking, and port operations.
  • The Midwest Alliance for Clean Hydrogen (MachH2), spanning Illinois, Indiana, and Michigan, will receive up to $1 billion. This region's efforts will be directed at optimizing hydrogen use in steel and glass production, power generation, refining, heavy-duty transportation, and sustainable aviation fuel. It's expected to create 13,600 direct jobs—12,100 in construction jobs and 1,500 permanent jobs.
  • Receiving up to $1 billion and targeting Washington, Oregon, and Montana, the Pacific Northwest Hydrogen Hub — named PNW H2— will produce clean hydrogen from renewable sources and will create over 10,000 direct jobs—8,050 in construction jobs and 350 permanent jobs.
  • The Appalachian Regional Clean Hydrogen Hub (ARCH2), which will be located in West Virginia, Ohio, and Pennsylvania, will tap into existing infrastructure to use low-cost natural gas to produce low-cost clean hydrogen and permanently and safely store the associated carbon emissions. The project, which will receive up to $925 million, will create 21,000 direct jobs—including more than 18,000 in construction and more than 3,000 permanent jobs.
  • Spanning Minnesota, North Dakota, and South Dakota, the Heartland Hydrogen Hub will receive up to $925 million and create around 3,880 direct jobs–3,067 in construction jobs and 703 permanent jobs — to decarbonize the agricultural sector’s production of fertilizer, decrease the regional cost of clean hydrogen, and advance hydrogen use in electric generation and for cold climate space heating.
  • Lastly, the Mid-Atlantic Clean Hydrogen Hub (MACH2), which will include Pennsylvania, Delaware, and New Jersey, hopes to repurposing historic oil infrastructure to develop renewable hydrogen production facilities from renewable and nuclear electricity. The hub, which will receive up to $750 million, anticipates creating 20,800 direct jobs—14,400 in construction jobs and 6,400 permanent jobs.

These seven clean hydrogen hubs are expected to catalyze more than $40 billion in private investment, per the White house, and bring the total public and private investment in hydrogen hubs to nearly $50 billion. Collectively, they aim to produce more than three million metric tons of clean hydrogen annually — which reaches nearly one third of the 2030 U.S. clean hydrogen production goal. Additionally, the hubs will eliminate 25 million metric tons of carbon dioxide emissions from end uses each year. That's roughly equivalent to annual emissions of over 5.5 million gasoline-powered cars.

“Unlocking the full potential of hydrogen—a versatile fuel that can be made from almost any energy resource in virtually every part of the country—is crucial to achieving President Biden’s goal of American industry powered by American clean energy, ensuring less volatility and more affordable clean energy options for American families and businesses,” U.S. Secretary of Energy Jennifer M. Granholm says in the release. “With this historic investment, the Biden-Harris Administration is laying the foundation for a new, American-led industry that will propel the global clean energy transition while creating high quality jobs and delivering healthier communities in every pocket of the nation.”

HyVelocity has been a vision amongst Houston energy leaders for over a year, announcing its bid for regional hydrogen hub funding last November. Another Houston-based clean energy project was recently named a semi-finalist for National Science Foundation funding.

“We are excited to get to work making HyVelocity come to life,” Brett Perlman, president and CEO of Center for Houston’s Future, says in the release. “We look forward to spurring economic growth and development, creating jobs, and reducing emissions in ways that will benefit local communities and the Gulf Coast region as a whole. HyVelocity will be a model for creating a clean hydrogen ecosystem in an inclusive and equitable manner.”

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CenterPoint reaches agreement on SRP to significantly reduce outages

grid resilience

CenterPoint Energy has reached a settlement agreement with parties to its 2026-2028 Systemwide Resiliency Plan (SRP), which will represent the largest single grid resiliency investment in CenterPoint's history.

The plan is expected to reduce storm-related outages by 1 billion minutes for its 2.8 million customers by 2029 and build on the first two phases of the company's Greater Houston Resiliency Initiative (GHRI), according to a release from CenterPoint.

This SRP is designed to further address the impacts of extreme weather threats. The deal, which is subject to Public Utility Commission of Texas (PUCT) review and approval, reflects discussions with intervening parties following the filing of CenterPoint's enhanced SRP with the PUCT in January 2025.

“Our plan is cost-effective and will build on the progress we've made to date through the Greater Houston Resiliency Initiative,” Jason Wells, president and CEO of CenterPoint, said in a news release. “We believe that these resiliency actions will help create a future with fewer outages that impact smaller clusters of customers, coupled with faster restoration times for our Greater Houston communities.”

Included in the SRP is a revised, agreed-upon investment of more than $3 billion in CenterPoint's electric distribution system, and also includes the deferment of more than $240 million in SRP costs until the second half of 2029, which will spread the costs out for customers over a four-year period. All SRP work will be completed in the proposed 2026-2028 timeframe, once approved.

The plan will target high-risk areas. Key initiatives include:

  • Distributing 130,000 stronger storm-resilient poles
  • Clearing 100 percent of power lines of hazardous vegetation every three years
  • Undergrounding more than 50 percent of CenterPoint's system
  • Modernizing 20,150 spans of underground cables
  • Automating lines serving the most customers to make them capable of “self-healing”

CenterPoint also announced it will continue its nearly $2 billion investment planned for the electric transmission system, which includes rebuilding or upgrading 2,200 structures to help withstand extreme weather.

The SRP investment in the electric distribution system would add $1.40 per month for an average residential customer each year from 2026 through 2028, with a final $0.60 per month added in 2030, according to the news release.

“This is another major step on our strategic roadmap to building and operating the most resilient coastal grid in the nation,” Wells said in the release.

In preparation for filing the SRP, CenterPoint ran 30 community meetings, listening sessions and solicited feedback on the plan during the draft stages.

In April, CenterPoint began building a network of 100 new weather monitoring stations, which will provide 24/7 weather monitoring and storm response preparation, and in June began installing 100 new local weather monitoring stations as part of the GHRI Phase 2. Also in April, CenterPoint began a collaboration between AI-powered predictive modeling platform company Neara and utility infrastructure asset assessment solutions company Osmose.

Guest column: How growing energy demand will impact the Texas grid

Guest Column

Although Texas increased its power supply by 35% over the last four years, a recent report from ERCOT predicts that Texas’ energy demand will nearly double by 2030, with power supply projected to fall short of peak demand in a worst-case scenario beginning in summer 2026. There are many factors and variables that could either increase or decrease the grid’s stability.

Homebuilding in Texas

One of the most easily identifiable challenges is that the population of Texas is continuing to grow, which places greater demand on the state’s power grid. With its booming population, the state is now the second most populous in the country.

In 2024, Texas led the nation in homebuilding, issuing 15% of the country's new-home permits in 2024. Within the first two months of 2025, Houston alone saw more than 11,000 new building permits issued. The fact that Houston is the only major metro in the United States to lack zoning laws means it does not directly regulate density or separate communities by use type, which is advantageous for developers and homebuilders, who have far fewer restrictions to navigate when constructing new homes.

Large-scale computing facilities

Another main source of the growing demand for power is large-scale computing facilities such as data centers and cryptocurrency mining operations. These facilities consume large amounts of electricity to run and keep their computing equipment cool.

In 2022, in an effort to ensure grid reliability, ERCOT created a program to approve and monitor these large load (LFL) customers. The Large Flexible Load Task Force is a non-voting body that develops policy recommendations related to planning, markets, operations, and large load interconnection processes. LFL customers are those with an expected peak demand capacity of 75 megawatts or greater.

It is anticipated that electricity demand from customers identified by ERCOT as LFL will total 54 billion kilowatt-hours (kWh) in 2025, which is up almost 60% from the expected demand in 2024. If this comes to fruition, the demand from LFL customers would represent about 10% of the total forecast electricity consumption on the ERCOT grid this year. To accommodate the expected increase in power demand from large computing facilities, the state created the Texas Energy Fund, which provides grants and loans to finance the construction, maintenance, modernization, and operation of electric facilities in Texas. During this year’s 89th legislative session, lawmakers approved a major expansion of the Texas Energy Fund, allocating $5 billion more to help build new power plants and fund grid resilience projects.

Is solar power the key to stabilizing the grid?

The fastest-growing source of new electric generating capacity in the United States is solar power, and Texas stands as the second-highest producer of solar energy in the country.

On a regular day, solar power typically constitutes about 5% of the grid’s total energy output. However, during intense heat waves, when the demand for electricity spikes and solar conditions are optimal, the share of solar power can significantly increase. In such scenarios, solar energy’s contribution to the Texas grid can rise to as much as 20%, highlighting its potential to meet higher energy demands, especially during critical times of need.

While the benefits of solar power are numerous, such as reducing greenhouse gas emissions, lowering electricity bills, and promoting energy independence from the grid, it is important to acknowledge its barriers, such as:

  • Sunlight is intermittent and variable. Cloudy days, nighttime, and seasonal changes can affect energy production, requiring backup or storage solutions. Extreme weather conditions, such as hailstorms, can damage solar panels, affecting their performance and lifespan.
  • The upfront costs of purchasing and installing solar panels and associated equipment can be relatively high.
  • Large-scale solar installations may require significant land area, potentially leading to concerns about land use, habitat disruption, and conflicts with agricultural activities.
  • Integrating solar power into existing electricity grids can pose challenges due to its intermittent nature. Upgrading and modifying grids to handle distributed generation can be costly.

Although Texas has made progress in expanding its power supply, the rapid pace of population growth, homebuilding, and large-scale computing facilities presents challenges for grid stability. The gap between energy supply and demand needs to continue to be addressed with proactive planning. While solar power is a promising solution, there are realistic limitations to consider. A diversified approach that includes both renewable and traditional energy sources, along with ongoing legislative movement, is critical to ensuring a resilient energy future for Texas.

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Sam Luna is director at BKV Energy, where he oversees brand and go-to-market strategy, customer experience, marketing execution, and more.

Enbridge activates first solar power project in Texas

power on

Canadian energy company Enbridge Inc., whose gas transmission and midstream operations are based in Houston, has flipped the switch on its first solar power project in Texas.

The Orange Grove project, about 45 miles west of Corpus Christi, is now generating 130 megawatts of energy that feeds into the grid operated by the Electric Reliability Council of Texas (ERCOT). ERCOT supplies electricity to 90 percent of the state.

Orange Grove features 300,000 solar panels installed on more than 920 acres in Jim Wells County. Construction began in 2024.

Telecom giant AT&T has signed a long-term power purchase agreement with Enbridge to buy energy from Orange Grove at a fixed price. Rather than physically acquiring this power, though, AT&T will receive renewable energy certificates. One renewable energy certificate represents the consumption of one megawatt of grid power from renewable energy sources such as solar and wind.

“Orange Grove is a key part of our commitment to develop, construct, and operate onshore renewable projects across North America,” Matthew Akman, executive vice president of corporate strategy and president of renewable power at Enbridge, said in 2024.

Orange Grove isn’t Enbridge’s only Texas project. Enbridge owns the 110-megawatt Keechi wind farm in Jacksboro, about 60 miles northwest of Fort Worth, and the 249.1-megawatt Chapman Ranch wind farm near Corpus Christi, along with a majority stake in the 203.3-megatt Magic Valley I wind farm near Harlingen. The company’s 815-megawatt Sequoia solar project, east of Abilene, is scheduled to go online in early 2026. Enbridge has signed long-term power purchase agreements with AT&T and Toyota North America for energy produced by Sequoia.

During a recent earnings call, Enbridge President and CEO Greg Ebel said that given the “unprecedented demand for power generation across North America,” driven largely by explosive growth in the data center sector, the company expects to unveil more renewable energy projects.

“The policy landscape for renewables is dynamic,” Ebel said, “but we think we are well-positioned with our portfolio of late-stage (projects).”

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