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On February 26, 2015, the Commission affirmed and issued CLI-15-4 (DTE Electric Co. et al), ruling on petitions to suspend reactor licensing pending issuance of a requested “waste confidence safety decision” and on the admissibility of new or amended waste confidence safety contentions.  In denying the petitions and rejecting the proposed contentions as inadmissible, the Commission found and/or concluded that –

  • Suspension of licensing is not warranted (Slip Op. at 3)
  • Its confidence in the safety and technical feasibility of systems for the storage and disposal of spent fuel “has only increased since the late 1970s . . . .” (Slip Op. at 4)
  • It is appropriate to confirm the continued validity of the Commission’s determinations regarding the technical feasibility of safe spent fuel storage and ultimate disposal in a repository (Slip Op. at 4)
  • No obligation exists under the Atomic Energy Act to make predictive findings regarding spent fuel disposal as part of the Commission’s reactor licensing decisions (Slip Op. at 21), and
  • Safe, permanent disposal of spent fuel is technically feasible and spent fuel can be safely stored until a repository is available, or indefinitely should such storage become necessary (Slip Op. at 30-31).

CLI-15-4 can be accessed at pbadupws.nrc.gov/gov/docs/ML1505/ML15057A261.pdf