Bill in-hand, Lujan Grisham renews fight against nuclear waste site in southeast New Mexico

New Mexico Gov. Michelle Lujan Grisham reaffirmed her hope for the failure of a proposed nuclear waste facility in the southeast corner of the state after signing a bill intended to block the project.

In a Tuesday letter to the federal Nuclear Regulatory Commission (NRC), which is considering issuing a license for the project, Lujan Grisham pointed to the bill’s passage and stern disapproval of the project by the state’s “citizens, tribes and pueblos.”

A critic of the proposal by New Jersey-based Holtec International since taking office, Lujan Grisham continually argued it 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.

More:Will a nuclear waste project move forward despite New Mexico's bill aiming to block it?

Holtec’s plan would ultimately store up to 100,000 metric tons of spent nuclear fuel rods from reactors around the country at the site near the Eddy-Lea County line.

It was touted by local leaders from the counties, Carlsbad and Hobbs as a means to diversify the economy in the oil-dependent region. The two counties and two cities formed the Eddy-Lea Energy Alliance that provided the land and recruited Holtec.

If completed, the company said the project would mark a $3 billion investment in the region and provide more than 500 jobs through the site’s initial operation and several associated facilities.

More:Air shaft at nuclear waste site near Carlsbad halfway drilled, operational by 2026

But opponents, including Lujan Grisham’s administration, state lawmakers and environmental groups said the Holtec proposal would continue New Mexico’s legacy of damage from nuclear activities.

And without a permanent repository available, they argued the Holtec site could become the permanent resting place for the waste.

Such a repository was in the past proposed at Yucca Mountain in Nevada, but was opposed by lawmakers in that state and defunded during the administration of former-President Barrack Obama.

More:Nuclear waste transportation fears lingering amid storage project in southeast New Mexico

In her letter to NRC Chairman Christopher Hanson, Lujan Grisham argued Senate Bill 53, which was passed and signed March 17 – the day before the 2023 Legislative Session closed – would prevent the described “interim” storage facility from operating without the state’s consent or the creation of a permanent repository.

The bill specified the State of New Mexico could not issue any permits such as for groundwater discharge, air quality emissions or others needed to operate the facility without the two conditions being met.

“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,” Lujan Grisham wrote. “We therefore ask that your agency immediately suspend any further consideration of the Holtec license application.”

More:Bill to block nuclear waste in southeast New Mexico heads to House Floor for final vote

The NRC did on Tuesday notify Holtec that it was delaying its final decision on the license from March to May, citing “unforeseen resource constraints” in a letter from the commission.

The agency did file a final environmental impact statement (EIS) last year that found the facility as proposed would have little impact on the surrounding environment and recommended a license be issued.

The NRC also did issue a license for a similar nuclear waste storage facility in Andrews, Texas along that state’s border with southeast New Mexico, despite a bill passed by Texas lawmakers to ban such activities.

More:Safety, longevity of nuclear waste disposal near Carlsbad debated amid permit renewal

That facility was being built by Interim Storage Partners to augment the existing Waste Control Specialists site and store up to 40,000 metric tons of spent nuclear fuel.

NRC spokesman David McIntyre said New Mexico’s bill had no impact on the federal licensing review process.

Holtec spokesman Patrick O’Brien indicated the company believed New Mexico’s legislation was “preempted” by federal law, specifically the Atomic Energy Act that stipulates only the federal government can regulate nuclear operations.

More:Bill to block nuclear waste project in New Mexico gaining momentum in State House

O’Brien said the project would still move forward with support from local governments in southeast New Mexico and would provide a solution to the U.S.’ nuclear waste stockpile.

He pointed to a letter sent by Eddy and Lea County officials to President Joe Biden in support of Holtec’s plan.

“Our invitation to join the project over 8 years ago, the strong local support in the counties of Eddy and Lea, as evidenced by the recent letter to President Biden, and the strong demonstration of support throughout this legislative session, solidify our belief that the project is still viable,” O’Brien said.

Opinion:Holtec International's vision for New Mexico

He also argued nuclear waste management was a key element of increasing nuclear energy use to reduce pollution.

“We will continue to work with our partners, key stakeholders, and governmental officials to help provide an interim solution to the spent fuel management impasse in the United States and help us maintain the momentum for a greener, carbon-free future,” O’Brien.

The U.S. Department of Energy recently affirmed the role of nuclear power in its efforts to reduce carbon pollution from energy development and began a rulemaking to see communities voluntarily accept siting of waste management facilities, offering $16 million in federal funds to interested local governing bodies.

More:Nuclear warhead development moves forward at federal lab in New Mexico

That consent-based philosophy was not part of Holtec’s proposal, argued SB 53 sponsor Sen. Jeff Steinborn (D-36) of Las Cruces, who said as his bill passed that it would give New Mexico a voice in Holtec’s approval process.

And that voice clearly said “no,” Steinborn said.

“We protected our state from this short-sighted and long-term dangerous plan and in doing so, pushed the federal government toward what needs to be the real solution, which is a permanent repository,” he said.

Opinion:Storing nuclear waste in Permian Basin threatens energy security, environment

Wendy Atcitty of indigenous advocacy group NAEVA said preventing the Holtec project would protect New Mexico from future incidents.

“We say ‘no’ to Holtec's high-level nuclear waste that would've made more communities susceptible to this toxic-dump disaster,” she said. “Protection is now, not when a spill, leak, derailment, or people are sick for many generations.”

But Carlsbad Mayor Dale Janway argued the project was already supported by previous legislatures and former-Gov. Susana Martinez.

He said blocking the project at this point would send a contradictory message to businesses looking to come to New Mexico.

“What kind of message does that send to other companies about investing in New Mexico? We wonder why New Mexico has trouble growing in population and attracting industry,” Janway said. “Why would industry want to come to New Mexico when prior commitments are not kept?”

Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on Twitter.