Environmental group, Beyond Nuclear, filed a petition urging the D.C. Circuit to force the U.S. Nuclear Regulatory Commission (NRC) to stop considering a license sought by Holtec International for the construction of a temporary storage facility for spent nuclear fuel in New Mexico. The appeal says the license request allegedly violates the Nuclear Waste Policy Act and Administrative Procedure Act, Law360 reports.

Pillsbury D.C.-based Energy partner, Jay Silberg, who is representing Holtec in the NRC proceedings, told Law360 that the appeal was expected and that Holtec was "confident that the decisions of the commission and licensing board were correct."

"They seem to be arguing that somehow the Department of Energy (DOE) is involved with the spent fuel that would be stored at the HI-STORE facility,” Silberg said. “We think that is factually incorrect and we established that to the licensing board.”

"There had originally been some statements that I think were taken out of context by the intervenors that suggested that we would only be storing fuel that DOE owned, and that's not the case,” Silberg concluded. “We all agree that DOE doesn't have the authority to take title to utility spent fuel and have it stored right now. It might happen in the future, but they don't have [that authority] right now.”