42 U.S.C. § 10151

Findings and purposes

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(a) The Congress finds that—(1) the persons owning and operating civilian nuclear power reactors have the primary responsibility for providing interim storage of spent nuclear fuel from such reactors, by maximizing, to the extent practical, the effective use of existing storage facilities at the site of each civilian nuclear power reactor, and by adding new onsite storage capacity in a timely manner where practical;(2) the Federal Government has the responsibility to encourage and expedite the effective use of existing storage facilities and the addition of needed new storage capacity at the site of each civilian nuclear power reactor; and(3) the Federal Government has the responsibility to provide, in accordance with the provisions of this part, not more than 1,900 metric tons of capacity for interim storage of spent nuclear fuel for civilian nuclear power reactors that cannot reasonably provide adequate storage capacity at the sites of such reactors when needed to assure the continued, orderly operation of such reactors.(b) The purposes of this part are—(1) to provide for the utilization of available spent nuclear fuel pools at the site of each civilian nuclear power reactor to the extent practical and the addition of new spent nuclear fuel storage capacity where practical at the site of such reactor; and(2) to provide, in accordance with the provisions of this part, for the establishment of a federally owned and operated system for the interim storage of spent nuclear fuel at one or more facilities owned by the Federal Government with not more than 1,900 metric tons of capacity to prevent disruptions in the orderly operation of any civilian nuclear power reactor that cannot reasonably provide adequate spent nuclear fuel storage capacity at the site of such reactor when needed.(Pub. L. 97–425, title I, § 131, Jan. 7, 1983, 96 Stat. 2229.)

Notes of Decisions

Cited in 10 cases (5 in the last 5 years), 1985–2025 · leading case: Vermont Yankee Nuclear Power Corp. v. Entergy Nuclear Vermont Yankee, LLC, 683 F.3d 1330 (Fed. Cir. 2012).

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Vermont Yankee Nuclear Power Corp. v. Entergy Nuclear Vermont Yankee, LLC, 683 F.3d 1330 (Fed. Cir. 2012). · cites it 4× “See 42 U.S.C. § 10151 (a). 12 In Skull Valley Band of Goshute 12 42 U.”

NRC v. Texas, 605 U.S. 665 (2025). “See 42 U. S. C. §§10151–10157. When it comes to that direction, Congress was clear as it could be, adding that “nothing in [the NWPA] shall be construed to encourage [or] authorize” storage at any “facility located away from the site of any civilian nuclear power reactor and not…”

Citizens' Util. Bd. v. Pub. Serv. Comm'n, 565 N.W.2d 554 (Wis. Ct. App. 1997). “1 See 42 U.S.C. § 10151 . 2 The Environmental Impact Statement (EIS) states that "[a] total of 48 casks would be needed to store spent fuel from the start of operation of the storage facility through the end of the present Nuclear Regulatory Commission licenses" for the plant's…”

Kelley v. Selin, 42 F.3d 1501 (6th Cir. 1995). “42 U.S.C. § 10151 (a)(1). Completion is now expected no earlier than 2015.”

Tennessee v. Herrington, 622 F. Supp. 923 (M.D. Tenn. 1985). “42 U.S.C. § 10151 (b). Part C of the NWPA, section 141, which describes the process for siting Monitored Retrievable Storage facilities, is described in detail in the body of this opinion since it is the subject of this action.”

Tennessee v. Herrington, 806 F.2d 642 (6th Cir. 1986). “42 U.S.C. §§ 10151 , 10155(a), (e). Part C, which is the subject matter of this litigation, authorizes the Secretary to study the concept of MRS and to develop plans for MRS as an alternative plan for the long-term storage of nuclear waste in the event that Congress determines…”

Butte Cnty. v. Dep't of Energy (D. Idaho 2024). · cites it 4× “42 U.S.C. §§ 10151–10157. The DOE’s authority to enter such contracts was limited by various provisions, and it was only authorized to exercise its limited authority between 1983 and 1990.”

Butte Cnty., Idaho v. United States (Fed. Cl. 2021). · cites it 2× “; see also 42 U.S.C. § 10151 (b) (explaining that the purpose of Part B is to provide interim storage for civilian SNF).”

Butte Cnty., Idaho v. United States (Fed. Cir. 2022). · cites it 2× “In 2019, Butte County sued the United States in the Court of Federal Claims (Claims Court), asserting a violation of Part B of the Nuclear Waste Policy Act of 1982 (NWPA), 42 U.S.C. §§ 10151–57 (effec- tive Jan. 7, 1983), as a basis for monetary damages under the Tucker Act, 28…”

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