A Bright Future and a Dark Legacy: The Future of Nuclear Energy and Waste Disposal in New York
By: Thomas Glawson
This article was originally published on October 8, 2025, in Volume 1, Issue 1 of the R.E.A.C.T. by PECC Newsletter.
On June 23, 2025, New York Governor Kathy Hochul issued a directive to the New York Power Authority (“NYPA”) to develop and construct a zero-emission advanced nuclear power plant in Upstate New York. This directive comes as New York electrifies its economy, phases out fossil fuel power generation, and continues to attract large manufacturers that demand significant and reliable electricity. Governor Hochul emphasizes an “energy policy of abundance” that centers on ensuring New York controls its energy future, highlighting the "radical increase” in electric supply that will be necessary over the next fifteen years to prevent “rolling blackouts.” This directive is designed to complement existing renewable energy deployment by “adding zero-emission baseload power, providing reliable and affordable clean energy to advance the State’s goal to achieve a clean energy economy” and to meet surging demand from industrial development, building electrification, and electric vehicles.
The NYPA, in coordination with the Department of Public Service (“DPS”), will seek to develop at least one new nuclear energy facility with a combined capacity of no less than one gigawatt of electricity – capable of powering approximately one million homes – either alone or in partnership with private entities, to support the state’s electric grid as well as the people and businesses that rely on it. The NYPA immediately began work on this directive, including site and technology feasibility assessments as well as financing options, in coordination with forthcoming studies included in the master plan for Responsible Advanced Nuclear Development in New York, led by the New York State Energy Research and Development Authority (“NYSERDA”) and DPS. Additionally, this initiative plans to build on existing state financial support for Constellation Energy to pursue early site permitting for a new project at its Nine Mile Point Clean Energy Center, fostering future collaboration with other states and Ontario to strengthen nuclear supply chains.
The plan has received widespread support. Labor unions have praised the initiative for its potential to create thousands of family-sustaining union careers that “pump economic stimulus” into local communities. Business leaders and economic development councils have likewise expressed enthusiasm, emphasizing the need for affordable, reliable, and clean electricity to support fast-growing industries such as semiconductors and artificial intelligence. Environmental groups and experts have also backed the plan, stating that nuclear energy is an “essential strategic asset” for decarbonization and grid reliability.
Despite the initiative’s praise, concerns over nuclear waste remain a key point of opposition. State Senator Liz Krueger stated in a press release: “Can the radioactive material be disposed of in a satisfactory way, or will New Yorkers be stuck dealing with more long-term storage sites like West Valley?” Likewise, Executive Director Stephan Edel of NY Renews, a progressive pro-renewables group, came out against the expansion or further investment in nuclear energy production, expressing concerns over the handling of radioactive materials throughout their lifecycle.
The West Valley Demonstration Project (“WVDP”) is frequently invoked by critics, as its dark legacy looms over New York: “While other countries such as France and Russia recycle nuclear waste, the United States abandoned commercial recycling in the 1970s”. The WVDP was once home to the only commercial spent nuclear fuel recycling center in the U.S., operating from 1966 until 1972, when it shut down due to new regulatory requirements and assessments concluding the site was no longer economically viable, leaving behind 600,000 gallons of liquid high-level waste. It continued as a low-grade nuclear waste storage facility for an additional three years until it was discovered that water infiltration was “caus[ing] contaminated water to overflow from the trenches.”
Congress passed the West Valley Demonstration Project Act in 1980, directing the Department of Energy to solidify and remove the waste from the site, decontaminate and decommission the facility and surrounding property, and – through an agreement with NYSERDA – determine an operational framework for cleanup activities at the site. More than four decades later, West Valley still contains contaminated soil, over fifty casks of high-level radioactive waste with no permanent disposal solution, and remaining cleanup work that could potentially cost billions of dollars. West Valley’s “legacy of toxic pollution” underscores the severe consequences of historical spent fuel processing and magnifies public and legislative anxiety over new long-term storage sites and disposal in New York.
New York statutes strictly govern nuclear waste disposal. For high-level waste, such as spent fuel, permanent terminal storage requires concurrence by statute from the Governor and legislature, requiring NYSERDA to conduct extensive safety reviews and public hearings. For low-level radioactive waste, generators must pay fees to fully recover all state management costs, and title to the waste remains with the generator. Temporary repositories require a certificate from the state board overseeing temporary nuclear waste repository siting, and other state and municipal agents are generally barred from requiring additional approvals.
To overcome this hurdle, New York is seeking innovative solutions for nuclear byproducts. The state’s $300 million venture fund is actively pursuing technologies to recycle nuclear waste into new fuel. Carl Perez, the chief executive of the nuclear services company Exodys Energy, described New Yorkers as “visionaries” for exploring this path. This approach aims to utilize spent nuclear fuel more efficiently; many nuclear power advocates use the term “renewable” to describe the potential of running reactors on recycled waste rather than newly mined uranium.
If successful, Governor Hochul’s nuclear initiative will deliver critical, affordable, and clean energy to New York for generations to come, while creating thousands of jobs and attracting critical business investments. Overcoming the toxic legacy of West Valley and resolving the state’s nuclear waste challenges remains a monumental task that, if achieved, could position New York as a national leader in zero-emission energy and at the forefront of the fight against climate change.
This article was written by PECC's Energy and Climate Law Scholar Thomas Glawson, a law student at Elisabeth Haub School of Law at Pace University.
Editors: Mercè Martí I Exposito, Frances Gothard, Carington Lowe