The Potential Role of the Department of Homeland Security in the Transportation of Commercial Spent Nuclear Fuel

Over 80,000 metric tons of commercial spent nuclear fuel (SNF) is stranded at more than 100 operating and/or decommissioned nuclear power reactor sites across the United States - and that volume increases every year. Federal law, enacted in the 1980’s, mandated that the US Department of Energy (DOE) build a permanent repository in Nevada; transport SNF from reactor sites to this repository; and under Section 180(c) of the Nuclear Waste Policy Act (NWPA) that DOE would act as the primary federal agency responsible for providing training and support to states and tribes through whose jurisdictions the SNF would be transported. However, Congress has been deadlocked for years on how to move forward on a national nuclear waste management program and is continuing to provide no direction or funding to DOE. Two private companies have applied to the Nuclear Regulatory Commission (NRC) to build temporary consolidated interim storage facilities (CISF) in New Mexico and West Texas; take title to the SNF at shutdown reactor sites; and privately transport the material to these facilities. If these applications are approved by the NRC, CISF's could be operational and start accepting commercial SNF in the next three to five years. As long as the private companies comply with federal regulations required by NRC and DOT with regard to transporting SNF, they can transport commercial fuel to CISF's outside of the NWPA - and therefore without the involvement of DOE. In order to ensure state, local, tribal, and territorial (SLTT) governments are prepared to assist with the private transport of SNF through multiple jurisdictions, the Department of Homeland Security (DHS) needs to be prepared to be the primary federal agency supporting SLTT jurisdictions. As mandated by the 2013 Presidential Policy Directive 21 and the 2015 DHS Nuclear Sector Specific Plan, DHS is mandated to work with SLTT entities and take proactive steps to manage risk and strengthen security of the nation’s critical infrastructure nuclear sector. This paper will analyze several potential near-term transportation scenarios and provide a recommended DHS action to address SLTT emergency preparedness for potential private shipments of commercial SNF across the country.