Resisting Static Inertia

This Note analyzes the various approaches that United States courts have taken on the licensing authority of the Nuclear Regulatory Commission as it relates to the private temporary storage of spent nuclear fuel. It seeks to establish a sound statutory basis for the Nuclear Regulatory Commission’s (NRC’s) authority to issue such licenses under the Atomic Energy Act (AEA) by recharacterizing spent nuclear fuel as a “byproduct material” under the meaning of the Act. It then looks to the enumerated uses of byproduct material to establish that the NRC has the authority to issue licenses to the private sector to store spent nuclear fuel. Finally, it will argue that the Nuclear Waste Policy Act (NWPA) could not and should not be interpreted as restricting or superseding the NRC’s existing licensing authority under the AEA. This interpretation of the AEA and NWPA is more reflective of the statutory language and provides for a better nuclear waste policy.