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=== Exceeding powers licensing off-site interim storage facility === In September 2021 the NRC issued a license for a privately operated temporary consolidated interim storage facility (CISF) for [[spent nuclear fuel]] in [[Andrews County, Texas|Andrews County]], [[Texas]]. However a group including the [[State of Texas]], which had passed a law in 2022 prohibiting the storage of [[high-level waste]] in the state, petitioned for a court review of the license. In August 2023 the [[United States Court of Appeals for the Fifth Circuit]] ruled that the NRC does not have the authority from Congress under the [[Atomic Energy Act of 1954|Atomic Energy Act]] or the [[Nuclear Waste Policy Act]] to license such a temporary storage facility that is not at a nuclear power station or federal site, nullifying the purported license. Another CISF in [[New Mexico]] is similarly being challenged in the [[United States Court of Appeals for the Tenth Circuit]].<ref name=wnn-20230830>{{cite news |url=https://www.world-nuclear-news.org/Articles/Court-annuls-licence-for-Texas-used-fuel-store |title=Court annuls licence for Texas used fuel store |website=World Nuclear News |date=30 August 2023 |access-date=3 September 2023}}</ref><ref name=appeal-20230825>{{cite web |url=https://www.ca5.uscourts.gov/opinions/pub/21/21-60743-CV0.pdf |title=Appeal from the Nuclear Regulatory Commission Agency No. 72-1050 |id=21-60743 |website=United States Court of Appeals for the Fifth Circuit |date=25 August 2023 |access-date=3 September 2023}}</ref>
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