Court rules Oyster Creek fuel storage casks are permanent

Tuesday, 4 March 2025

Court rules Oyster Creek fuel storage casks are permanent
A canister being transferred to the storage system at Oyster Creek in 2022: the facility is used to store both used fuel and highly radioactive reactor components (Holtec)

The site’s current owner, Oyster Creek Environmental Protection – a wholly owned subsidiary of Holtec International – and former owner Exelon had challenged the Township of Lacey about the taxable status of the 67 casks at the plant’s storage facility, claiming that they are being temporarily stored at Oyster Creek’s independent used fuel storage installation until a permanent repository is opened. The local township asserted that the used fuel and storage casks should be considered to be permanent, because there is nowhere for the used fuel to be moved to.

The management of civilian used nuclear fuel in the USA is a federal responsibility, but a planned permanent repository at Yucca Mountain in Nevada, which in 1987 was designated as the sole initial repository for 70,000 tonnes of high-level wastes, has not been built. This means used fuel from more than 70 shutdown, decommissioned and operating nuclear energy facilities is currently in storage at sites across the nation.

“For 50 years, the federal government has mandated a custom and usage of spent nuclear fuel remaining at the nuclear power plants which consumed the fuel,” the Tax Court of New Jersey said in its . “There is simply no custom and usage allowing the removal of spent nuclear fuel from a plant site. Aspirations and dreams of offsite storage are speculative,” it said.

“History amply demonstrates that efforts to relocate the spent fuel have become mired in legal and political wrangling. It is anyone’s guess as to when or if a disposal site will open. The court cannot base its decision upon speculation. Unless and until a disposal site is up and running and actually accepting spent fuel, the custom and usage is for the fuel to remain safely stored in the onsite storage casks.”

The court determined the storage casks to be taxable “since the Taxpayers cannot transfer the spent fuel to another site”.

Oyster Creek, a 619 MWe single-unit boiling water reactor plant, was the oldest operating nuclear power plant in the USA when it was shut down on 17 September 2018, after 49 years of electricity generation. Holtec formally took over ownership of Oyster Creek after its subsidiaries completed the transfer and acquisition from Exelon Generation on 1 July 2019.

   

  • Related Posts

    US, EU bodies report on nuclear fuel market situation

    Owners and operators of US civilian nuclear power reactors purchased a total of 46.9 million pounds U3O8e (18,040 tU) of deliveries from US and foreign suppliers during 2025, 16% less…

    Containment of first Egyptian unit takes shape

    The Authority said concreting work continued non-stop for 30 hours, using five concrete pump trucks with boom distributors. About 80 specialists participated in the work during the day shift, another 80…

    Have You Seen?

    Oil Pares Gains as Traders Weigh Oman-Iran Talks

    • August 11, 2026
    Oil Pares Gains as Traders Weigh Oman-Iran Talks

    Trump Extends Jones Act Waiver for 90 Days, Narrows Scope

    • August 11, 2026
    Trump Extends Jones Act Waiver for 90 Days, Narrows Scope

    Phillips 66, Kinder Morgan, HF Sinclair Approve Western Gateway Pipeline Project

    • August 11, 2026
    Phillips 66, Kinder Morgan, HF Sinclair Approve Western Gateway Pipeline Project

    Venture Global Misses Quarterly Estimates as Lower LNG prices, Higher Costs Weigh

    • August 11, 2026
    Venture Global Misses Quarterly Estimates as Lower LNG prices, Higher Costs Weigh

    NOAA Reveals Latest Atlantic Hurricane Season Prediction

    • August 11, 2026
    NOAA Reveals Latest Atlantic Hurricane Season Prediction

    Venture Global records $1.3bn quarterly profit

    • August 11, 2026
    Venture Global records $1.3bn quarterly profit

    Egypt and Libya Near $1 Billion Oil Pipeline Deal

    • August 11, 2026
    Egypt and Libya Near $1 Billion Oil Pipeline Deal

    BofA: Hormuz Needs 10 Times More Ships to Stabilize Oil Markets

    • August 11, 2026
    BofA: Hormuz Needs 10 Times More Ships to Stabilize Oil Markets

    Oil Prices Climb as U.S.-Iran Peace Hopes Fade

    • August 11, 2026
    Oil Prices Climb as U.S.-Iran Peace Hopes Fade

    Libya Weighs Force Majeure After Drone Attacks on Zawiya Oil Hub

    • August 11, 2026
    Libya Weighs Force Majeure After Drone Attacks on Zawiya Oil Hub