Section 1 Short title
This Act may be cited as the “Consolidated Interim Storage Facility Restriction Act of 2025”.
Consolidated Interim Storage Facility Restriction Act of 2025
A BILL
To prohibit the Nuclear Regulatory Commission from issuing certain licenses for the storage of spent nuclear fuel and high-level radioactive waste, and for other purposes.
Sec. 2 Prohibition on Nuclear Regulatory Commission licenses for certain storage of spent nuclear fuel and high-level radioactive waste
Findings— Congress finds the following:
The nuclear industry of the United States is largely governed and regulated pursuant to authorities under the Atomic Energy Act of 1954, the Energy Reorganization Act of 1974, and the Nuclear Waste Policy Act of 1982.
The Commission issues and enforces certain regulations relating to such nuclear industry.
Congress maintains the constitutional authority to repeal or otherwise prohibit through legislation certain actions taken by Federal departments and agencies, including the Commission, under section 8 of article I of the Constitution (commonly referred to as the “necessary and proper clause”).
The Commission has concluded that it possesses the statutory authority to issue a license authorizing a private entity to store spent nuclear fuel or high-level radioactive waste at privately owned away from reactor storage sites, commonly referred to as “consolidated interim storage facilities”, and have issued such licenses.
The authority of the Commission to issue such licenses has since been challenged in court, resulting in a circuit split between the United States Court of Appeals for the 10th Circuit and the United States Court of Appeals for the District of Columbia Circuit, versus the United States Court of Appeals for the 5th Circuit.
The transportation and storage of spent nuclear fuel and high-level radioactive waste pose significant threats to the health and safety of the public.
Spent nuclear fuel and high-level radioactive waste require stable long-term facilities for safe storage, and such storage requires proper oversight from Congress and the Commission to ensure the health and safety of the public.
Sense of Congress— It is the sense of Congress that the Commission lacks express statutory authority to issue a license specified in subsection (a)(4).
Prohibition on issuance of licenses— Beginning on the date of the enactment of this Act, notwithstanding any provision of the Atomic Energy Act of 1954 (40 U.S.C. 2011 et seq.), the Nuclear Regulatory Commission may not issue a license authorizing—
the interim storage of spent nuclear fuel or high-level radioactive waste at a facility other than—
a facility with an operating civilian nuclear power reactor from which such spent fuel or waste was generated; or
a federally owned interim storage facility; or
the long-term storage, or permanent disposal, of spent nuclear fuel or high-level radioactive waste at a facility other than a federally owned repository under such Act.
Nullification of current licenses— Any license specified in subsection (c) in effect as of the date of the enactment of this Act shall be deemed null and void.
Definitions— In this section:
Civilian nuclear power reactor; disposal; high-level radioactive waste; repository; spent nuclear fuel; storage— The terms “civilian nuclear power reactor”, “disposal”, “high-level radioactive waste”, “repository”, “spent nuclear fuel”, and “storage” have the meanings given those terms in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
Commission— The term “Commission” means the Nuclear Regulatory Commission.