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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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Chevron inks 20-year deal to power massive Microsoft data center in West Texas

power deal

Chevron and Microsoft have signed a 20-year deal in which Chevron will provide natural-gas-fired power for a future West Texas data center, known as Project Kilby.

The proposed Microsoft data center could be one of the biggest in the U.S. and is expected to deliver 2.67 gigawatts of capacity. It will be built through a “phased, modular approach that enables incremental expansion over time,” according to Chevron.

Chevron expects the facility to be up and running by 2028, though the company won’t make a final investment decision on the project until later this year. The company is collaborating on Project Kilby with investment fund Engine No.1.

Project Kilby is projected to bring in $10 billion in state and local tax revenue and support 2,000 jobs, according to Chevron. The plant will use non-potable, brackish groundwater for power plant operations and aims to find new ways to reuse water produced by oil and gas operations.

The site will use selective catalytic reduction systems to reduce nitrogen oxide emissions and minimize noise and light impacts and will utilize other advanced air emissions control technologies. A majority of the generation will come from large turbines developed by Chevron partner GE Verona with additional capacity from Caterpillar’s solar turbines. The plant will be fed by natural gas from the Permian Basin.

“Chevron is uniquely positioned to deliver power to customers with certainty, speed and at a competitive cost, leveraging Permian natural gas and our proven execution capabilities,” Jeff Gustavson, Chevron president of new energies, said in a news release. “This project links Chevron’s traditional strengths to emerging demand, creating differentiated value for our shareholders and the communities where we operate.”

According to BloombergNEF, the U.S. is expected to increase its data center capacity to 77 gigawatts by 2030. Another report from Bloom Energy predicts Texas will see a 142 percent increase in its market share for data centers from 2025 to 2028.

“The rapid growth we’re experiencing in AI and cloud, driven by customer demand, requires energy infrastructure that can scale quickly and reliably,” Noelle Walsh, Microsoft president of cloud operations and innovation, added in the news release. “Our agreement with Chevron helps ensure we’ll have dedicated, large-scale power to support the evolution and reliability of advanced computers. Through this partnership, we’re delighted to grow with and become a deeper part of the West Texas community.”

Chevron was named No. 21 on the 2026 Fortune 500 list earlier this month.

17 Houston energy sector cos. among most future-ready businesses, says WSJ


More than 20 Houston-area companies reign among the most future-ready in the U.S., based on a first-time ranking of the best S&P 500 companies for the future. The majority of them are part of Houston's booming energy sector.

Published by The Wall Street Journal, the ranking was created by Bendable Labs for the WSJ Leadership Institute. It evaluates how S&P 500 companies stack up in six areas: AI readiness, innovation, talent readiness, financial fitness, resilience and agility. To be ranked, a company had to be part of the S&P 500 as of Dec. 31.

Here are the Houston-area companies in the energy sector included in the ranking of the best companies for the future:

  • No. 105 SLB
  • No. 120 Baker Hughes
  • No. 125 ConocoPhillips
  • No. 158 NRG Energy
  • No. 176 Targa Resources
  • No. 185 Chevron
  • No. 195 Halliburton
  • No. 223 Coterra Energy
  • No. 235 Exxon Mobil
  • No. 250 Kinder Morgan
  • No. 257 Quanta Services
  • No. 276 CenterPoint Energy
  • No. 313 Occidental Petroleum
  • No. 333 EOG Resources
  • No. 365 LyondellBasell Industries
  • No. 408 Phillips 66
  • No. 500 APA
Here are the remaining Houston-headquartered businesses that made the list:
  • No. 72 Hewlett Packard Enterprise
  • No. 229 Waste Management
  • No. 285 Sysco
  • No. 318 Camden Property Trust
  • No. 373 Comfort Systems USA
  • No. 401 Crown Castle

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A version of this story first appeared on InnovationMap.com.

Rice, DOE launch new Eastern Mediterranean Energy Center

Energy Diplomacy

Representatives from three countries visited the Rice University Baker Institute for Public Policy this month to establish the Eastern Mediterranean Energy Center, a new partnership promoting energy advancement in the region.

On June 11, Baker played host to delegations from Cyprus, Greece and Israel that included Michael Damianos, Minister of Energy, Commerce and Industry of the Republic of Cyprus; Stavros Papastavrou, Minister of Environment and Energy for Greece; and Yechiel Leiter, Israeli Ambassador to the United States. U.S. Secretary of Energy Chris Wright and Rice University President Reginald DesRoches were also present to sign a declaration of intent (DOI) that officially formed the partnership first envisioned in the Eastern Mediterranean Security and Energy Partnership Act of 2019.

“This is a dynamic field,” David Satterfield, director of the Baker Institute and former U.S. ambassador to Turkey and Lebanon, said in a news release from Rice. “The East Med has enormous further potential, not just for development, for coordination of development. It is a positive thing for energy, it's a positive thing for industry, for all of the three states represented here today. It's good for the region in a geopolitical sense as well. It provides a stabilization based upon the pragmatic and integrated development and distribution of energy resources, and that is a very good thing indeed.”

The new pact will focus on improving grid stability in the region, as well as on developing U.S. liquefied natural gas (LNG) infrastructure and new technologies.

Another goal of the Eastern Mediterranean Energy Center is suppressing conflict in the region. When the Eastern Mediterranean Security and Energy Partnership Act was signed by President Joe Biden in 2019, it lifted the prohibition on arms sales to the Republic of Cyprus, authorized foreign military financing for Greece and increased intelligence gathering on Russian interests in the Mediterranean.

“We need to use commerce to suppress and surpass conflict – that is the way to bring nations together in geopolitical tensions between countries,” Wright said in the release. “You think of it as zero-sum, there's a winner and a loser, and both sides want to be the winner. Ultimately, one side will be the winner, one side will be the loser. Maybe more objectively, both sides lose, but one loses more than the other. In commerce, it's entirely different, and commerce is voluntary exchange. It only happens when there's winners on both sides. So, when you build, you develop energy and you build energy distribution infrastructure, you bring countries, you bring people together. The three founding nations here and their leadership are all friends of mine and passionate in this mission. They not only want to develop energy to bring better opportunities to their people, but they wanted to bring those three nations together, and all of their neighbors as well, and use commerce to suppress and surpass conflict. These are generational investments.”

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