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.”

Ad Placement 300x100

Ad Placement 300x600

CultureMap Emails are Awesome

Property Showcase

Baker Hughes to provide equipment for massive low-carbon ammonia plant

coming soon

Houston-based energy technology company Baker Hughes has been tapped to supply equipment for what will be the world’s largest low-carbon ammonia plant.

French technology and engineering company Technip Energies will buy a steam turbine generator and compression equipment from Baker Hughes for Blue Point Number One, a $4 billion low-carbon ammonia plant being developed in Louisiana by a joint venture comprising CF Industries, JERA and Mitsui & Co. Technip was awarded a contract worth at least $1.1 billion to provide services for the Blue Point project.

CF, a producer of ammonia and nitrogen, owns a 40 percent stake in the joint venture, with JERA, Japan’s largest power generator, at 35 percent and Mitsui, a Japanese industrial conglomerate, at 25 percent.

The Blue Point Number One project, to be located at CF’s Blue Point ammonia production facility, will be capable of producing about 1.4 million metric tons of low-carbon ammonia per year and permanently storing up to 2.3 million metric tons of carbon dioxide.

Construction of the ammonia-making facility is expected to start in 2026, with production of low-carbon ammonia set to get underway in 2029.

“Ammonia, as a lower-carbon energy source, is poised to play a pivotal role in enabling and accelerating global sustainable energy development,” Alessandro Bresciani, senior vice president of energy equipment at Baker Hughes, said in a news release.

Earlier this year, British engineering and industrial gas company Linde signed a long-term contract to supply industrial gases for Blue Point Number One. Linde Engineering Americas is based in Houston.

Houston expert asks: Is the Texas grid ready for the future?

Guets Column

Texas has spent the past five years racing to strengthen its electric grid after Winter Storm Uri exposed just how vulnerable it was. Billions have gone into new transmission lines, grid hardening, and a surge of renewables and batteries. Those moves have made a difference, we haven’t seen another systemwide blackout like Uri, but the question now isn’t what’s been done, it’s whether Texas can keep up with what’s coming.

Massive data centers, electric vehicles, and industrial projects are driving electricity demand to unprecedented levels. NERC recently boosted its 10-year load forecast for Texas by more than 60%. McKinsey projects that U.S. electricity demand will rise roughly 40% by 2030 and double by 2050, with data centers alone accounting for as much as 11-12% of total U.S. electricity demand by 2030, up from about 4% today. Texas, already the top destination for new data centers, will feel that surge at a greater scale.

While the challenges ahead are massive and there will undoubtedly be bumps in the road (some probably big), we have an engaged Texas legislature, capable regulatory bodies, active non-profits, pragmatic industry groups, and the best energy minds in the world working together to make a market-based system work. I am optimistic Texas will find a way.

Why Texas Faces a Unique Grid Challenge

About 90% of Texas is served by a single, independent grid operated by ERCOT, rather than being connected to the two large interstate grids that cover the rest of the country. This structure allows ERCOT to avoid federal oversight of its market design, although it still must comply with FERC reliability standards. The trade-off is limited access to power from neighboring states during emergencies, leaving Texas to rely almost entirely on in-state generation and reserves when extreme weather hits.

ERCOT’s market design is also different. It’s an “energy-only” market, meaning generators are paid for electricity sold, not for keeping capacity available. While that lowers prices in normal times, it also makes it harder to finance backup, dispatchable generation like natural gas and batteries needed when the wind isn’t blowing or the sun isn’t shining.

The Risks Mounting

In Texas, solar and wind power supply a significant percentage of electricity to the grid. As Julie Cohn, a nonresident scholar at the Baker Institute, explains, these inverter‑based resources “connect through power electronics, which means they don’t provide the same physical signals to the grid that traditional generators do.” The Odessa incidents, where solar farms tripped offline during minor grid disturbances, showed how fragile parts of this evolving grid can be. “Fortunately, it didn’t result in customer outages, and it was a clear signal that Texas has the opportunity to lead in solving this challenge.”

Extreme weather adds more pressure while the grid is trying to adapt to a surge in use. CES research manager Miaomiao Rimmer notes: “Hurricane frequencies haven't increased, but infrastructure and population in their paths have expanded dramatically. The same hurricane that hit 70 years ago would cause far more damage today because there’s simply more in harm’s way.”

Medlock: “Texas has made significant strides in the last 5 years, but there’s more work to be done.”

Ken Medlock, Senior Director of the Center for Energy Studies at Rice University’s Baker Institute, argues that Texas’s problem isn’t a lack of solutions; it’s how quickly those solutions are implemented. He stresses that during the January 2024 cold snap, natural gas kept the grid stable, proving that “any system configuration with sufficient, dispatchable generation capacity would have kept the lights on.” Yet ERCOT load has exceeded dispatchable capacity with growing frequency since 2018, raising the stakes for future reliability.

Ken notes: “ERCOT has a substantial portfolio of options, including investment in dispatchable generation, storage near industrial users, transmission expansion, and siting generation closer to load centers. But allowing structural risks to reliability that can be avoided at a reasonable cost is unacceptable. Appropriate market design and sufficient regulatory oversight are critical.” He emphasizes that reliability must be explicitly priced into ERCOT’s market so backup resources can be built and maintained profitably. These resources, whether natural gas, nuclear, or batteries, cannot remain afterthoughts if Texas wants a stable grid.

Building a More Reliable Grid

For Texas to keep pace with rising demand and withstand severe weather, it must act decisively on multiple fronts, strengthening its grid while building for long-term growth.

Coordinated Planning: Align regulators, utilities, and market players to plan decades ahead, not just for next summer.
Balancing Clean and Reliable Power: Match renewable growth with flexible, dispatchable generation that can deliver power on demand.
Fixing Local Weak Spots: Harden distribution networks, where most outages occur, rather than focusing only on large-scale generation.
Market Reform and Technology Investment: Price reliability fairly and support R&D to make renewables strengthen, not destabilize, the grid.

In Conclusion

While Texas has undeniably improved its grid since Winter Storm Uri, surging electricity demand and intensifying weather mean the work is far from over. Unlike other states, ERCOT can’t rely on its neighbors for backup power, and its market structure makes new dispatchable resources harder to build. Decisive leadership, investment, and reforms will be needed to ensure Texas can keep the lights on.

It probably won’t be a smooth journey, but my sense is that Texas will solve these problems and do something spectacular. It will deliver more power with fewer emissions, faster than skeptics believe, and surprise us all.

-----------

Scott Nyquist is a senior advisor at McKinsey & Company and vice chairman, Houston Energy Transition Initiative of the Greater Houston Partnership. The views expressed herein are Nyquist's own and not those of McKinsey & Company or of the Greater Houston Partnership. This article originally appeared on LinkedIn.

Houston companies partner to advance industrial carbon capture tech

green team

Carbon Clean and Samsung E&A, both of which maintain their U.S. headquarters in Houston, have formed a partnership to accelerate the global use of industrial carbon capture systems.

Carbon Clean provides industrial carbon capture technology. Samsung E&A offers engineering, construction and procurement services. The companies say their partnership will speed up industrial decarbonization and make carbon capture more accessible for sectors that face challenges in decarbonizing their operations.

Carbon Clean says its fully modular columnless carbon capture unit, known as CycloneCC, is up to 50 percent smaller than traditional units and each "train" can capture up to 100,000 tonnes of CO2 per year.

“Our partnership with Samsung E&A marks a major milestone in scaling industrial carbon capture,” Aniruddha Sharma, chair and CEO of Carbon Clean, said in a news release.

Hong Namkoong, CEO of Samsung E&A, added that the partnership with Carbon Clean will accelerate the global rollout of carbon capture systems that “are efficient, reliable, and ready for the energy transition.”

Carbon Clean and Samsung E&A had previously worked together on carbon capture projects for Aramco, an oil and gas giant, and Modec, a supplier of floating production systems for offshore oil and gas facilities. Aramco’s Americas headquarters is also in Houston, as is Modec’s U.S. headquarters.

View All Listings

ENERGYCAPITALHTX EMAILS ARE AWESOME