115 S512 ES: Nuclear Energy Innovation and Modernization Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

115th CONGRESS2d SessionS. 512IN THE SENATE OF THE UNITED STATESAN ACTTo modernize the regulation of nuclear energy.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Nuclear Energy Innovation and Modernization Act.(b)

Table of contents

The table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Purpose.Sec. 3. Definitions.TITLE I—Advanced Nuclear Reactors and User FeesSec. 101. Nuclear Regulatory Commission user fees and annual charges through fiscal year 2020.Sec. 102. Nuclear Regulatory Commission user fees and annual charges for fiscal year 2021 and each fiscal year thereafter.Sec. 103. Advanced nuclear reactor program.Sec. 104. Baffle-former bolt guidance.Sec. 105. Evacuation report.Sec. 106. Encouraging private investment in research and test reactors.Sec. 107. Commission report on accident tolerant fuel.Sec. 108. Report identifying best practices for establishment and operation of local community advisory boards.Sec. 109. Report on study recommendations.TITLE II—UraniumSec. 201. Uranium recovery report.Sec. 202. Pilot program for uranium recovery fees.

2.

Purpose

The purpose of this Act is to provide—(1)a program to develop the expertise and regulatory processes necessary to allow innovation and the commercialization of advanced nuclear reactors;(2)a revised fee recovery structure to ensure the availability of resources to meet industry needs without burdening existing licensees unfairly for inaccurate workload projections or premature existing reactor closures; and(3)more efficient regulation of uranium recovery.

3.

Definitions

In this Act:(1)

Advanced nuclear reactor

The term advanced nuclear reactor means a nuclear fission or fusion reactor, including a prototype plant (as defined in sections 50.2 and 52.1 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act)), with significant improvements compared to commercial nuclear reactors under construction as of the date of enactment of this Act, including improvements such as—(A)additional inherent safety features;(B)significantly lower levelized cost of electricity;(C)lower waste yields;(D)greater fuel utilization;(E)enhanced reliability;(F)increased proliferation resistance;(G)increased thermal efficiency; or(H)ability to integrate into electric and nonelectric applications.(2)

Advanced nuclear reactor fuel

The term advanced nuclear reactor fuel means fuel for use in an advanced nuclear reactor or a research and test reactor, including fuel with a low uranium enrichment level of not greater than 20 percent.(3)

Agreement State

The term Agreement State means any State with which the Commission has entered into an effective agreement under section 274 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)).(4)

Appropriate congressional committees

The term appropriate congressional committees means the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives.(5)

Commission

The term Commission means the Nuclear Regulatory Commission.(6)

Conceptual design assessment

The term conceptual design assessment means an early-stage review by the Commission that—(A)assesses preliminary design information for consistency with applicable regulatory requirements of the Commission;(B)is performed on a set of topic areas agreed to in the licensing project plan; and(C)is performed at a cost and schedule agreed to in the licensing project plan.(7)

Corporate support costs

The term corporate support costs means expenditures for acquisitions, administrative services, financial management, human resource management, information management, information technology, policy support, outreach, and training, as those categories are described and calculated in Appendix A of the Congressional Budget Justification for Fiscal Year 2018 of the Commission.(8)

Licensing project plan

The term licensing project plan means a plan that describes—(A)the interactions between an applicant and the Commission; and(B)project schedules and deliverables in specific detail to support long-range resource planning undertaken by the Commission and an applicant.(9)

Regulatory framework

The term regulatory framework means the framework for reviewing requests for certifications, permits, approvals, and licenses for nuclear reactors.(10)

Requested activity of the Commission

The term requested activity of the Commission means—(A)the processing of applications for—(i)design certifications or approvals;(ii)licenses;(iii)permits;(iv)license amendments;(v)license renewals;(vi)certificates of compliance; and(vii)power uprates; and(B)any other activity requested by a licensee or applicant.(11)

Research and test reactor

(A)

In general

The term research and test reactor means a reactor that—(i)falls within the licensing and related regulatory authority of the Commission under section 202 of the Energy Reorganization Act of 1974 (42 U.S.C. 5842); and(ii)is useful in the conduct of research and development activities as licensed under section 104 c. of the Atomic Energy Act (42 U.S.C. 2134(c)).(B)

Exclusion

The term research and test reactor does not include a commercial nuclear reactor.(12)

Secretary

The term Secretary means the Secretary of Energy.(13)

Standard design approval

The term standard design approval means the approval of a final standard design or a major portion of a final design standard as described in subpart E of part 52 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act).(14)

Technology-inclusive regulatory framework

The term technology-inclusive regulatory framework means a regulatory framework developed using methods of evaluation that are flexible and practicable for application to a variety of reactor technologies, including, where appropriate, the use of risk-informed and performance-based techniques and other tools and methods.(15)

Topical report

The term topical report means a document submitted to the Commission that addresses a technical topic related to nuclear reactor safety or design.

Passed the Senate December 20, 2018.Secretary