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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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HETI's new executive director takes the helm

new leader

The Houston Energy Transition Initiative has a new executive director.

Sophia Cunningham assumed the position this month, succeeding the organization's founding executive director, Jane Stricker.

"Four years ago, I could never have imagined the opportunities, experiences and relationships this role has enabled," Strickler wrote in an address earlier this year. "I am truly grateful for the support and engagement of Houston’s business and community leaders, the visionary leadership of Bobby Tudor, Scott Nyquist, HETI Members, and the Greater Houston Partnership in creating this initiative at exactly the right moment in time. I am incredibly proud of the HETI and the Partnership team members who have delivered with purpose and passion, and I greatly appreciate Houston’s energy and climate leaders and champions who have supported my agenda, challenged my thinking, broadened my perspectives, and worked with HETI to demonstrate the power of partnership in developing, innovating and advancing the ideas and technologies needed to meet this challenge for our region and the world."

Stricker shared on LinkedIn that she has joined the advisory board of FluxPoint Energy, which launched last month during CERAWeek, in addition to her other roles at Greentown Labs, Prana Low Carbon Economy Investments and UNC Kenan-Flagler Energy Center.

Cunningham previously served as vice president at HETI, where she was responsible for efforts related to carbon capture, use and storage; methane management; community engagement and stakeholder activation. Before joining HETI, she was director of public policy at The Greater Houston Partnership.

She earned her master's in Energy Management and Systems Technology from Texas A&M University and holds a bachelor's degree from Davidson College.

“I’m honored to step into the role of Executive Director of the Houston Energy Transition Initiative at such a pivotal moment for our industry," Cunningham said over email. "Houston has the talent, infrastructure, and leadership to meet growing global energy demand while reducing emissions, and I’m excited to work alongside our members and partners to accelerate solutions that are reliable, affordable, and scalable.”

The Greater Houston Partnership launched HETI in June 2021 to "meet a Dual Challenge of producing more energy that the world needs with less emissions," according to its website.

Pattern Energy expands clean energy portfolio with acquisition of Canadian producer

acquisition closed

Clean energy and transmission infrastructure company Pattern Energy completed the acquisition of Canadian independent power producer Cordelio Power this month.

Pattern Energy, which is headquartered in San Francisco and has major operations in Houston, will now own one of the largest independent clean energy infrastructure platforms in North America, according to a release.

Pattern Energy will add approximately 1,550 megawatts of operating and in-construction assets, including 16 wind, solar and energy storage projects across the United States and Canada, as part of the deal. In addition, they have also acquired the majority of Cordelio’s development pipeline in key U.S. markets and members of Cordelio’s team.

“Closing this transaction marks a significant milestone for Pattern Energy as we continue to scale our platform to meet North America’s growing energy needs,” Hunter Armistead, CEO of Pattern Energy, said in the release. “Cordelio brings a highly complementary portfolio of quality assets and a talented team. Together, we are even better positioned to power the future.”

Currently, Pattern Energy’s portfolio includes wind, solar and energy storage projects in over 40 facilities in North America. Pattern Energy had 12,000 megawatts of operating and in-construction capacity before the deal.

The acquisition was first announced Jan. 6, 2025.

“Pattern and Cordelio share a commitment to responsible development and the communities in which we work,” Chris Hind, CEO of Cordelio Power, said in a news release. “We look forward to joining with Pattern Energy to deliver high-quality projects with expanded product offerings to support customers across more markets.”


Pattern Energy doubled down on its Houston commercial space in 2023, moving the company's development, meteorological, transmission and energy trading teams to a new office in the Montrose Collective. The company's Operations Control Center is also based in Houston.

Its Houston-based development team was assigned to work on Pattern's SunZia Transmission and Wind project in New Mexico and Arizona, expected to be one of the largest clean energy infrastructure projects in U.S. The project is targeting commercial operations this year, according to Pattern Energy's website.

Solidec secures pre-seed funding from Houston VC firm

fresh funding

Houston-based Flathead Forge Fund 1 has invested in Houston startup Solidec, which specializes in modular onsite chemical manufacturing.

The investment was part of Solidec’s recent round of more than $2 million in pre-seed funding. The amount of Flathead Forge’s investment wasn’t disclosed.

“Flathead Forge brings exactly the kind of domain-specific capital and operational network that a company at our stage needs. Their focus on water and critical minerals makes this a genuinely strategic relationship,” Ryan DuChanois, co-founder and CEO of Solidec, said in a news release.

Other investors in the round included New Climate Ventures, Collaborative Fund, Echo River Capital, Ecosphere Ventures, Plug and Play Ventures, Safar Partners and Semilla Climate Capital.

Solidec produces industrial chemicals, including hydrogen peroxide, formic acid and acetic acid, using only air, water and electricity. Its modular reactors eliminate the need for energy-intensive production and long-haul distribution.

“Solidec’s platform cuts cost, emissions, and supply-chain fragility at the source,” Douglas Lee, managing director of Flathead Forge, added in the statement.

DuChanois said in an email that the company plans to use the funding to "scale (its) modular chemical manufacturing platform."

Solidec recently announced a pilot project with Lynas Rare Earths, the world’s only commercial producer of separated light and heavy rare earth oxides outside China, for production of hydrogen peroxide for a Lynas facility in Australia.

Solidec, a member of Greentown Labs Houston, spun out of associate professor Haotian Wang’s lab at Rice University in 2024. Wang focuses on developing new materials and technology for energy and environmental uses, such as energy storage and green synthesis.
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