Seabrook Nuclear Plant Moves Step Closer to License

Federal regulators on Wednesday removed a major obstacle to a low-power testing license for the Seabrook, N.H., nuclear plant, perhaps the biggest milestone in the 20-year history of the financially fragile reactor that is a decade behind schedule and billions over budget.

Seabrook could receive the long-sought permit, which allows testing at up to 5% of capacity, as early as late next week if the Nuclear Regulatory Commission does not impose a stay on the license pending court appeals.

In the announcement on the decision, the commission’s staff said it was satisfied the plant owners have properly guaranteed they could raise $72.1 million to cover dismantling costs in case the reactor is tested with radioactive fuel but never operates commercially.

The commission has said the financial decommissioning issue was the last in a long series of regulatory obstacles that has prevented Seabrook from getting its low-power license for 2 1/2 years.

The decision came just hours after the NRC voted 5 to 0 to reject a request by Massachusetts officials to hold new hearings on the license because New Hampshire does not have a place to dump low-level radioactive waste from the plant.

The NRC said in a March ruling that it would give opponents five days to file requests for a stay and another four days for Seabrook officials to respond. The order said the commissioners would rule on stay motions “expeditiously” and the license would not be issued until the commission has ruled on the requests.

Massachusetts Gov. Michael S. Dukakis is expected to challenge the license in federal appeals court.

But any legal challenge will become moot without an emergency stay from either the NRC or the court because Seabrook officials are ready to act swiftly on low-power tests.