State of Idaho, Shoshone-Bannock Tribes, Intervenors v. U.S. Department of Energy, Public Service Company of Colorado, Intervenor

The State of Idaho petitions for review of the Department of Energy’s decision to transport into Idaho for storage spent nuclear fuel produced at the Fort St. Vrain nuclear power station in Colorado. Shoshone-Bannock Indian Tribes intervene on behalf of Idaho and argue that transportation of the radioactive material violates various governmental obligations to the Indians. Public Service Company, the owner of the Fort St. Vrain plant, intervenes on behalf of DOE. We dismiss the petition for lack of jurisdiction.

I. Background

In 1965, the Atomic Energy Commission entered into a contract with the Public Service Company of Colorado to construct an experimental nuclear generator. Unlike conventional reactors which use low uranium fuel and a water process for cooling, the contracted High Temperature Gas-Cooled Reactor required a special enriched uranium fuel and used “dry” helium gas cooling, a technology believed to be more safe and clean. In allocating the responsibilities for the project, the government agreed to “[pjurchase ... fuel elements discharged” from the reactor and “[rjepro-cess” the elements if funds were appropriated for a reprocessing facility.

Pursuant to the…