New Mexico Governor Michelle Lujan Grisham is driving another wedge in Holtec International’s hope to build a nuclear waste facility in a remote area of Lea County, close to Eddy County. Referred to as the Consolidated Interim Storage Facility (CISF) and supported by Lea County Commissioners and the Eddy-Lea Energy Alliance (ELEA), as well as local officials from Hobbs and Carlsbad, Gov. Lujan Grisham has signed Senate Bill 53 (PDF) into law that is intended to block the project. The governor has repeatedly stated that the CIS facility is disapproved of by New Mexico’s “citizens, tribes and pueblos.”
On Tuesday, March 21, Gov. Lujan Grisham sent a letter to federal Nuclear Regulatory Commission (NRC) Chairman Christopher Hanson strongly disapproving the Holtec project. The NRC is the federal body tasked with deciding whether a license to build the CIS facility in Lea County should or should not be granted.
Governor’s Letter to the NRC
In her letter Gov. Lujan Grisham noted that the 2023 New Mexico state legislature passed Senate Bill 53, which she signed into law on March 17, the day before this year’s regular legislative session ended. The governor points out that the new law prevents “…the described ‘interim’ storage facility from operating without the state’s consent or the creation of a permanent repository,” states an article posted at CurrentArgus.com.
Holtec’s use of the word “interim” in naming the facility has a broad definition. Holtec International project director Ed Mayer was previously reported by the Albuquerque Journal as remarking that “people seem to believe that the facility will be there forever”. In reality, Mayer said, “…the project [only] intends to be there for decades.”
Albuquerque Democrat Rep. Gail Chasey told ABCNews that no incentives exist “… for states with nuclear power plants to find permanent solutions for dealing with spent fuel.” … “The trouble is this is a forever decision. We don’t get to decide, oh, let’s not do this anymore and take it away. So think about the fact that if it were such a profitable and good thing, then the states that produced it would have it near their facilities.”
Governor Has Opposed Holtec Project Since Taking Office
The Current Argus article notes that Gov. Lujan Grisham has argued since taking office that the proposed Holtec CIS facility in southeastern New Mexico “…would create an undue burden of radioactive exposure to New Mexicans both in the area of the site and along rail transportation routes that would bring the waste to New Mexico.”
The governor’s concerns are voiced by others. “Opponents of the project have expressed concern about the safety of transporting the fuel across the country as well as the project’s effects on the environment,” states an article published in the Lubbock Avalanche – Journal.
Showing her absolute opposition to the Holtec project, Gov. Lujan Grisham states in her letter to NRC Chairman Hansen, “The State of New Mexico remains steadfast in its opposition to the issuance of a license by the Nuclear Regulatory Commission for the proposed Holtec International facility in Lea County, New Mexico. We therefore ask that your agency immediately suspend any further consideration of the Holtec license application.”
On the same day that Gov. Lujan Grisham submitted her letter opposing the project to Chairman Hanson, the NRC notified Holtec International via letter that the NCR’s final decision on issuing a license for the project will be forthcoming in May instead of in March as previously announced. The NRC cited “unforeseen resource constraints” for the delay.
Gov. Lujan Grisham’s Opposition to the Holtec Project Longstanding
Previously, Gov. Lujan Grisham has said that New Mexico has a “legacy of damage from nuclear activities”. Her administration as well as many state legislators and environmental groups agree. These same voices fear that the Holtec facility, although labeled as “Interim” could in the end become permanent.
“Such a repository was in the past proposed at Yucca Mountain in Nevada,” states the Current-Argus article, “but was opposed by lawmakers in that state and defunded during the administration of former President Barack Obama.”
Restrictions Dictated By SB 53
Article VI, Paragraph 2, the Supremacy Clause, of the U.S. Constitution dictates that federal law and the federal constitution take precedence, in the majority of cases, over state laws and state constitutions. How this factor will play out regarding the State of New Mexico’s disapproval of the Holtec project is unknown.
SB 53 mandates two strict conditions regarding “groundwater discharge” and “air quality emissions” that Holtec must meet to attain permits to operate its proposed CIS facility in Lea County.
The NRC issued a final Environmental Impact Statement (EIS) last year that recommended the issuance of a license to Holtec for the Lea County project. In its EIS the NRC reasoned that the project would have little environmental impact on the facility’s site and the area surrounding the site. Not all agree. The question about the actual environmental impact the CIS facility would have on the area remains a point of contention.
SB 53 passed by a vote of 35 to 28 after a lengthy debate, “Five Democrats joined Republicans in opposition, arguing that the measure would challenge longstanding federal authority over nuclear safety matters and lead to new court challenges,” states ABCNews. Holtec International during the past eight years has invested approximately $80 million in the approval process of a 40-year license for the CIS facility.
