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On Monday, New Mexico sued the US Nuclear Regulatory Commission over concerns that the federal agency hasn’t done enough to vet plans for a multibillion-dollar facility to store spent nuclear fuel in the state. The State argued that the project would endanger residents, the environment, and the economy. New Jersey-based Holtec International needs to construct a complex in southeastern New Mexico. Tons of spent fuel from commercial nuclear power plants around the nation could be stored in this complex until the federal government finds a permanent solution. The State officials worry that New Mexico will become a permanent dumping ground for the radioactive material. The complaint filed in federal court contends the commission overstepped its authority regarding Holtec’s plans and that granting a license to the company could result in imminent and substantial endangerment to New Mexico.

The state cited the potential for surface and groundwater contamination, disruption of oil and gas development in one of the nation’s most productive basins, and added strain on emergency response resources. The state also raised concerns about a similar project planned just across the state line in West Texas. New Mexico has alleged the commission of collaborating with Holtec in rubber-stamping the proposal. The state argued that almost every interested party that has filed a challenge has been denied standing and an opportunity to meaningfully participate. The filed complaint said, “The NRC’s mandate does not include policy setting or altering the public debate and emphatically cheerleading nuclear industry projects. Yet it is doing both to the detriment of New Mexico”.

The commission has maintained over the course of the licensing process that it has followed procedure and that public hearings have been held and an environmental review was done. Holtec is looking for a 40-year license to construct a state-of-the-art complex near Carlsbad. Point to be noted that it is already home to the federal government’s only underground repository for Cold War-era waste generated by decades of nuclear research and bomb-making. Holtec executives said the storage project is essential because the US has yet to find a permanent solution for dealing with the tons of spent fuel building up at commercial nuclear power plants. The US Energy Department said that nuclear reactors across the country produce more than 2,000 metric tons of radioactive waste a year, with most of it remaining on-site because there’s nowhere else to put it.