A federal judge has delivered another victory for the planned restart of the Palisades nuclear plant in Van Buren County.
In November, three Michigan anti-nuclear groups — Beyond Nuclear, Don’t Waste Michigan, and Michigan Safe Energy Future — filed suit against the Nuclear Regulatory Commission and Holtec, who owns the plant.
Earlier in the year, the NRC granted Holtec an exemption from a rule that says a nuclear plant can’t restart once it begins decommissioning. It was one of several exceptions and license amendments. The anti-nuclear groups argued those changes were illegal and sought to permanently block the restart of the plant.
Kevin Kamps is an anti-nuclear activist with Beyond Nuclear, one of the plaintiffs. He said that regulatory variances are irresponsible.
“Really what this exemption amounts to is a series of backflips by the Nuclear Regulatory Commission,” Kamps said. “We don't think it's legal, and it's also certainly not safe.”
The federal district judge dismissed the case last week, ruling that only a U.S. Court of Appeals can review those kinds of decisions. In a press release, Adam Gustafson, principal deputy assistant attorney general of the Justice Department’s Energy and Natural Resources Division, applauded the decision.
“We are pleased that the court left in place the NRC’s exemption decision, which will allow the Palisades plant to move forward toward restart,” Gustafson said. “By clearing the way for this project, the court’s decision advances domestic energy production and allows American communities to benefit from reliable nuclear power.”
The Palisades reactor was shut down and began the decommissioning process in 2022. Holtec now plans for it to be operating again by the end of this year. The NRC is also reviewing a proposal to build two new small modular reactors at the same complex. Nick Culp, a Holtec spokesperson, wrote in an email that the company is excited to continue its work.
“We are pleased with the court’s decision and remain focused on safely completing the remaining work needed to return Palisades to service,” Culp wrote. “This project is important not only to meeting Michigan’s growing energy needs with reliable, around-the-clock power, but also to supporting jobs, local communities, and long-term economic growth in Southwest Michigan.”
Kamps, with Beyond Nuclear, said the group is not discouraged by the ruling.
“There's not a ton of judicial precedent on this, so we look at the route that seemed most logical to us,” Kamps said. “We’ve been told that we should have taken it a different direction, so we're considering that at this time.”
The NRC has also recently proposed an overhaul of its reactor licensing and regulation procedures. One change would shift radiation exposure guidance for power plant workers from the current “as low as reasonably achievable” standard to a policy based on existing federally regulated dose limits.
