Consolidated Interim Storage Facility Restriction Act of 2025
- Bill Number
- H.R. 6665
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Energy
- Status
- Introduced
- Latest Action
- 2025-12-11: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-01-08T15:15:33Z
AI-Generated Summary
Purpose
The legislation aims to restrict the Nuclear Regulatory Commission (NRC) from licensing private facilities for the temporary or long-term storage of spent nuclear fuel (used fuel from nuclear reactors) and high-level radioactive waste (highly dangerous nuclear byproducts). It seeks to ensure such storage only occurs at active nuclear power plants or federal sites, emphasizing public safety and congressional oversight.
Key Provisions
- Findings and Sense of Congress: The bill outlines the history of U.S. nuclear regulation under laws like the Atomic Energy Act of 1954 and the Nuclear Waste Policy Act of 1982. It notes legal disputes over the NRC's authority to license private "consolidated interim storage facilities" (temporary off-site storage sites) and expresses Congress's view that the NRC lacks clear legal power for these.
- Prohibition on New Licenses: Starting upon enactment, the NRC cannot issue licenses for:
- Interim (temporary) storage of spent nuclear fuel or high-level radioactive waste at sites other than:
- Facilities with an operating civilian nuclear power reactor that generated the waste, or
- Federally owned interim storage sites.
- Long-term storage or permanent disposal at any site except a federally owned repository (a secure underground site for permanent burial).
- Nullification of Existing Licenses: Any current NRC licenses for the prohibited types of storage become invalid immediately upon enactment.
- Definitions: Uses standard terms from the Nuclear Waste Policy Act, such as "spent nuclear fuel" (fuel removed from reactors after use) and "high-level radioactive waste" (waste too radioactive for near-surface disposal).
Significant Changes to Existing Law
- Overrides the NRC's current interpretation of its authority under the Atomic Energy Act to license private interim storage facilities, limiting storage to on-site reactor locations or federal facilities.
- Directly nullifies any pre-existing private storage licenses, reversing recent NRC approvals and halting ongoing projects.
- Invokes Congress's constitutional power (under the "necessary and proper clause" of Article I, Section 8) to regulate or prohibit agency actions, addressing a split in federal appeals courts (e.g., differing rulings from the 5th, 10th, and D.C. Circuits) on the NRC's licensing powers.
Potential Impacts
- Government Agencies: The NRC's role in nuclear waste management would be curtailed, potentially shifting more responsibility to federal facilities like the proposed Yucca Mountain repository in Nevada, which has faced delays. This could slow national waste management efforts.
- Citizens: Enhances perceived public safety by limiting high-risk transport and private storage near communities, but may increase on-site storage at active reactors, raising concerns about aging plant vulnerabilities. Communities near proposed private sites (e.g., in Texas or New Mexico) could avoid unwanted facilities.
- International Relations: Minimal direct impact, though it may affect U.S. commitments under international nuclear non-proliferation treaties by complicating domestic waste handling, potentially influencing global nuclear energy cooperation.
- Overall, it could delay the buildup of spent fuel at reactor sites, increasing storage costs for the nuclear industry without a federal solution in place.
Main Stakeholders Affected
- Nuclear Regulatory Commission (NRC): Directly restricted in its licensing authority.
- Nuclear Power Industry: Operators of civilian reactors must keep waste on-site longer; private companies planning interim storage (e.g., Holtec International or Waste Control Specialists) face project cancellations.
- Federal Government: Departments like the Department of Energy gain emphasis for developing federal storage, but face pressure to resolve long-term disposal issues.
- States and Local Communities: States hosting reactors (e.g., Texas) or proposed sites benefit from restrictions, while others may see increased on-site risks; environmental and safety advocacy groups support the safety focus.
- Public and Taxpayers: Broader implications for energy costs, as unresolved waste issues could hinder nuclear power expansion, a low-carbon energy source.
Notable Legal, Constitutional, or Political Implications
- Legal: Resolves a circuit court split by legislatively clarifying (and limiting) NRC authority, potentially reducing future lawsuits but inviting challenges from industry groups arguing it unlawfully revokes vested rights in existing licenses.
- Constitutional: Reinforces Congress's oversight of executive agencies via the necessary and proper clause, asserting legislative supremacy over regulatory interpretations without amending core nuclear laws.
- Political: Reflects bipartisan concerns (introduced by Reps. Nehls and Jackson of Texas) over private storage in specific regions, amid debates on nuclear waste policy stalled since the 1980s. It could polarize views on nuclear energy's role in climate goals versus safety risks, influencing future energy legislation.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2025-12-11: Referred to the House Committee on Energy and Commerce.
- 2025-12-11: Introduced in House
- 2025-12-11: Introduced in House
Bill Versions
- Consolidated Interim Storage Facility Restriction Act of 2025 — issued 2025-12-11 — PDF (5 pages)