Decision on WIPP Shaft Could Occur in 4th Quarter

May 28, 2021
By Wayne Barber

It could be late fall before New Mexico Environment Secretary James Kenney makes a ruling on whether the Department of Energy’s Waste Isolation Pilot Plant can complete development of a new underground shaft.

That is based on timelines allotted by the New Mexico Environment Department, a state agency spokesperson said in a Monday email.

Up to four weeks are allowed for preparation of the final transcript of last week’s hearing, followed by 60 days for parties in the case to file written arguments, 30 days for production of a draft report by state Administrative Law Judge Gregory Chakalian, 15 days for post-report comments by the parties, followed by 30 days for Chakalian’s final report and recommendation to the secretary.

Such a timeline would have the hearing officer’s recommendation arriving on Kenney’s desk around Nov. 1. Kenney would then have 30 days to accept or reject the recommendation. 

The DOE and Waste Isolation Pilot Plant (WIPP) prime contractor Nuclear Waste Partnership want to insert language into the state permit for WIPP authorizing a new air intake shaft, also known as Shaft No. 5. In November, the state refused to extend a six-month temporary work authorization for WIPP to continue excavating what would eventually be the 2,100-feet deep shaft.

The DOE argues the shaft will play a key role in improving airflow underground. Opponents such as Nuclear Watch New Mexico, the Southwest Research and Information Center and the Concerned Citizens for Nuclear Safety say the agency does not need to drill the shaft now because the agency could get the same benefits from completing the oft-delayed Safety Significant Confined Ventilation System: a major upgrade that would provide 540,000 cubic feet per minute  of airflow by 2025. The critics also argue the $197-million cost of Shaft Np. 5 is unjustified given the current WIPP permit would have waste disposal ending by 2030.

DOE and New Mexico have been negotiating a WIPP permit extension for more than a year that could allow the agency to operate the mine into 2050.