Thursday, 1 May 2025
In 1995, the State of Idaho, the US Navy, and the Department of Energy (DOE) reached an agreement that settled a lawsuit filed by the state to limit the shipment of used nuclear fuel to DOE’s Idaho Site for storage. Known as the 1995 Settlement Agreement, the document governs used fuel shipments bound for what was then the Idaho National Engineering Laboratory or for the Naval Reactors Facility.
The agreement included terms that: limited the amount of used nuclear fuel entering the site to 55 tonnes and required DOE to report annually on the amount received; specifically excluded shipments of used fuel from commercial nuclear power plants; imposed a deadline of the end of 2012 to complete treatment of sodium-bearing waste at the site; and allowed the state to suspend shipments if DOE fails to meet any deadlines or obligations.
“The waiver enables INL to address a national need not envisioned when the Settlement Agreement was established three decades ago while supporting the national commitment to energy independence,” INL said.
The waiver will enable critical research on a high-burnup nuclear fuel cask from a commercial nuclear power plant.
“To ensure continued safe storage, the nuclear industry and the US Nuclear Regulatory Commission require data to confirm the performance of nuclear fuel during long-term storage,” INL said. “These data are crucial to over 70% of today’s dry storage facilities, allowing them to renew their licences and continue safely storing this nuclear fuel.”
The waiver also enables INL to safely manage small amounts of used nuclear fuel from domestic university research reactors. “Without this waiver, some universities risk having to shut down their research reactors as many have reached their regulatory limits for spent fuel storage,” it said.
“Idaho National Laboratory is DOE’s lead lab for nuclear energy research and development, and it is critical that we continue to grow this research capacity and maintain American competitiveness,” said US Secretary of Energy Chris Wright. “This agreement between the State of Idaho and DOE ensures the lab can continue its cutting-edge research to advance nuclear technology, helping to meet President Trump’s commitment to unleash American energy dominance.”
INL Director John Wagner added: “As the nation’s centre for nuclear energy research and development, we look forward to utilising our unique facilities and expertise to support this critical national need. We are thankful to the Department of Energy and the State of Idaho for entrusting us with the safe and secure execution of our vital mission.”
Previous waivers
In 2011, the State of Idaho granted a conditional waiver to the exclusion of commercial used fuel for small quantities needed for examinations and research. In 2014, the DOE attempted to exercise that waiver. However, the state denied that request because DOE had missed the 2012 deadline for completing treatment of sodium-bearing waste at the Idaho Site.
In 2019, DOE and the State of Idaho signed a Supplemental Agreement to the 1995 Idaho Settlement Agreement. With the agreement, subject to conditions, INL could receive a shipment of 25 rods of used nuclear fuel designed for extended use and robust safety features. After meeting the requirements outlined in the 2019 Supplemental Agreement, INL received the 25 fuel rods in 2023.
