[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1478 Introduced in Senate (IS)]


104th CONGRESS
  1st Session
                                S. 1478

  To facilitate the ability of a private consortium to site, design, 
 license, construct, operate, and decommission a private facility for 
   the interim storage of commercial spent nuclear fuel, subject to 
   licensing by the Nuclear Regulatory Commission, to authorize the 
    Secretary of Energy to contract with the consortium for storage 
                   services, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 14, 1995

   Mr. Grams introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To facilitate the ability of a private consortium to site, design, 
 license, construct, operate, and decommission a private facility for 
   the interim storage of commercial spent nuclear fuel, subject to 
   licensing by the Nuclear Regulatory Commission, to authorize the 
    Secretary of Energy to contract with the consortium for storage 
                   services, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Private Interim 
Storage Facility Authorizing Act of 1995''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Authorization and siting of private interim storage facility.
Sec. 5. Funding of private interim storage facility.
Sec. 6. Design of private interim storage facility.
Sec. 7. Activities of the Secretary.
Sec. 7. Activities of the Commission.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 
        et seq.) directed the Secretary of Energy to enter into 
        disposal contracts with persons that generate or hold title to 
        high-level radioactive waste or commercial spent nuclear fuel 
        of domestic origin specifying the terms and conditions under 
        which the Secretary would accept title to, transport, and 
        dispose of the waste or spent fuel;
            (2) under the terms of that Act and those disposal 
        contracts, the Secretary has an unconditional obligation to 
        begin taking title to, possession of, and delivery of 
        commercial spent nuclear fuel for purposes of interim storage 
        and permanent disposal, beginning not later than January 31, 
        1998;
            (3) the Nation's domestic utilities have consistently met 
        their fee obligations under the disposal contracts, paying, 
        with interest, over $10,000,000,000 into the Waste Fund;
            (4) the Secretary's most recent estimate of the date for 
        beginning operations at a repository is 2010;
            (5) the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 
        et seq.) links the schedule for siting, development, licensing 
        and operation of a monitored retrievable storage facility to 
        the schedule for development of a repository, making it 
        impossible for the Secretary to begin operation of a monitored 
        retrievable storage facility by 1998;
            (6) private initiatives to develop an interim storage 
        facility for commercial spent nuclear fuel away from a reactor 
        site have not been successful to date, primarily because of 
        siting restrictions;
            (7) if a repository is ultimately developed at the Yucca 
        Mountain site, the location of an interim storage facility in 
        close proximity to the site of the repository would benefit the 
        civilian radioactive waste management system by, among other 
        things--
                    (A) reducing overall systemwide costs to both the 
                Government and the utility industry;
                    (B) increasing the efficiency of system operations;
                    (C) reducing transportation impacts; and
                    (D) providing lag storage for the repository;
            (8) if the repository is not ultimately developed at the 
        Yucca Mountain site, the location of an interim storage 
        facility in Nevada would still be beneficial to the civilian 
        radioactive waste management system; and
            (9) while commercial spent nuclear fuel can be safely 
        stored at reactor sites, the expeditious movement to and 
        storage of commercial spent nuclear fuel at a centralized 
        facility will enhance the Nation's environmental protection.
    (b) Purposes.--The purposes of this Act are--
            (1) to facilitate the ability of a consortium to site, 
        design, license, construct, operate, and decommission a 
        facility for the storage of commercial spent nuclear fuel and 
        to establish procedures that will facilitate the availability 
        of such a facility by 1998;
            (2) to authorize a consortium to designate a site for the 
        private interim storage facility within Area 25 of the Nevada 
        test site and provide for the withdrawal and reservation of the 
        site for use by the consortium under a lease agreement with the 
        Secretary;
            (3) to provide a means by which the Secretary may fulfill 
        the Secretary's obligation to begin accepting commercial spent 
        nuclear fuel by not later than January 31, 1998; and
            (4) to require the Secretary to contract to use the private 
        interim storage facility, in the same manner as a private 
        entity, for the storage of commercial spent nuclear fuel.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Area 25.--The term ``Area 25'' means the specific area 
        within the Nevada Test Site that is designated by the Secretary 
        and withdrawn and reserved in accordance with the Nuclear Waste 
        Policy Act of 1982 (42 U.S.C. 10101 et seq.) for the location 
        of an interim storage facility.
            (2) Commercial spent nuclear fuel.--The term ``commercial 
        spent nuclear fuel'' means fuel that has been withdrawn from a 
        commercial nuclear reactor following irradiation, the 
        constituent elements of which have not been separated by 
        reprocessing.
            (3) Commission.--The term ``Commission'' means the Nuclear 
        Regulatory Commission.
            (4) Consortium.--The term ``consortium'' means a 
        consortium, composed of domestically owned and controlled 
        private and public utility companies, and other domestically 
        owned and controlled private entities, that is formed for the 
        purpose of developing a private interim storage facility under 
        this Act, with which the secretary enters into a lease 
        agreement under section 4.
            (5) Disposal contract.--The term ``disposal contract'' 
        means a contract executed under section 302 of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10222), between the 
        Secretary and any person that generates or holds title to high-
        level radioactive waste or commercial spent nuclear fuel of 
        domestic origin, providing for the acceptance of title to and 
        disposal of waste or fuel by the Secretary and the payment of 
        fees to offset the Secretary's expenditures.
            (6) Disposal contract holder.--The term ``disposal contract 
        holder'' means a party to a disposal contract other than the 
        Secretary.
            (7) Lease period.--The term ``lease period'' means the 
        period during which a private interim storage facility site is 
        leased by the Secretary to the consortium, including the period 
        of any renewal of the lease.
            (8) Private interim storage facility.--The term ``private 
        interim storage facility'' means a facility designed and 
        constructed by a consortium for the receipt, handling, 
        possession, safeguarding, and storage of commercial spent 
        nuclear fuel in accordance with this Act.
            (9) Private interim storage facility site.--The term 
        ``private interim storage facility site'' means the specific 
        site within Area 25 that is designated by the consortium and 
        withdrawn and reserved in accordance with section 4 for the 
        location of the private interim storage facility.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (11) Site characterization.--The term ``site 
        characterization'' has the meaning stated in section 302 of the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
            (12) Storage.--The term ``storage'' means retention of 
        commercial spent nuclear fuel with the intent to recover the 
        fuel for subsequent use, processing, or disposal.
            (13) Waste fund.--The term ``Waste Fund'' means the Nuclear 
        Waste Fund established in the United States Treasury by section 
        302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222).
            (14) Withdrawal.--The term ``withdrawal'' has the meaning 
        stated in section 103 of the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1702).

SEC. 4. AUTHORIZATION AND SITING OF PRIVATE INTERIM STORAGE FACILITY.

    (a) Authorization.--
            (1) In general.--The consortium may site, design, license, 
        construct, operate, and decommission a private interim storage 
        facility for the interim storage of commercial spent nuclear 
        fuel.
            (2) Designation, withdrawal, reservation, and lease.--The 
        private interim storage facility site shall be designated by 
        the consortium in accordance with subsection (b), withdrawn and 
        reserved for development and operation of the facility in 
        accordance with subsection (c), and leased by the Secretary to 
        the consortium in accordance with subsection (d).
            (3) License.--On application by the consortium, the private 
        interim storage facility shall be licensed by the Commission in 
        accordance with its regulations governing the licensing of 
        independent spent fuel storage installations, as modified in 
        accordance with section 8.
    (b) Designation of Private Interim Storage Facility Site.--
            (1) In general.--The consortium may designate a site for 
        the private interim storage facility within Area 25.
            (2) Consultation.--Prior to designating a site under 
        paragraph (1), the consortium may consult with the Secretary, 
        the Secretary of the Interior, or the Secretary of Defense, who 
        shall assist the consortium to the extent practicable, 
        including providing the consortium with any unclassified 
        environmental data or other information concerning the site 
        that is available to the Secretary, the Secretary of the 
        Interior, or the Secretary of Defense, respectively.
            (4) Map and legal description.--On designation of a site 
        under paragraph (1), the consortium shall transmit to the 
        Secretary a map depicting the boundaries of the site entitled 
        ``Private Interim Storage Facility Site Withdrawal Map'', and a 
        legal description of the private interim storage facility site.
            (5) Boundaries.--The boundaries depicted on the map 
        transmitted under paragraph (4) are established as the 
        boundaries of the private interim storage facility site.
            (6) Publication and filing.--No later than 30 days 
        following the designation of the private interim storage 
        facility site by the consortium and the receipt of the map from 
        the consortium under paragraph (2), the Secretary shall--
                    (A) publish in the Federal Register a notice 
                containing a legal description of the private interim 
                storage facility site; and
                    (B) file copies of the map and the legal 
                description of the private interim storage facility 
                site with Congress, the Secretary of the Interior, the 
                Governor of Nevada, and the Archivist of the United 
                States.
            (7) Legal effect.--The map and legal description of the 
        private interim storage facility site described in this 
        subsection shall have the same force and effect as if they were 
        included in this Act.
            (8) Corrections.--The Secretary may correct clerical and 
        typographical errors in the maps and legal descriptions.
    (c) Withdrawal and Reservation.--
            (1) Withdrawal.--The private interim storage facility site 
        is withdrawn from all forms of entry, appropriation, and 
        disposal under the public land laws, including the mineral 
        leasing laws, the geothermal leasing laws, the material sale 
        laws, and the mining laws.
            (2) Transfer of jurisdiction.--Jurisdiction over any land 
        within the private interim storage facility site managed by the 
        Secretary of the Interior, the Secretary of Defense, or any 
        other Federal officer is transferred to the Secretary.
            (3) Reservation.--The private interim storage facility site 
        is reserved for the construction and operation of the private 
        interim storage facility and activities associated with the 
        purposes of this Act by the consortium, acting under a lease 
        agreement with the Secretary.
    (d) Lease Agreement.--
            (1) In general.--Not later than 60 days following 
        withdrawal and reservation of the private interim storage 
        facility site, the Secretary shall execute a lease agreement 
        with the consortium establishing terms and conditions under 
        which the Secretary shall lease the private interim storage 
        facility site to the consortium.
            (2) Contents.--The lease agreement shall include the 
        following terms and conditions:
                    (A) Lease fee.--The consortium shall not pay a 
                lease fee.
                    (B) Ownership of facility.--The private interim 
                storage facility shall be owned by the consortium, but 
                the consortium shall transfer title to the Secretary at 
                no cost--
                            (i) prior to conclusion of the operational 
                        period; or
                            (ii) prior to decommissioning,
                at the option of the consortium.
                    (C) Lease period.--The lease period shall commence 
                on execution of the lease agreement and shall terminate 
                on the date on which title is transferred under 
                subparagraph (B).
                    (D) Activities.--The consortium shall be authorized 
                to conduct specified activities at the private interim 
                storage facility site, including the design, licensing, 
                construction, operation, and decommissioning of the 
                private interim storage facility and related 
                activities, with the scope of activities to be 
                determined by the consortium.
            (3) Effect.--The Secretary's execution of the lease 
        agreement shall not--
                    (A) convert the private interim storage facility 
                into a governmental facility; or
                    (B) convert the consortium, or its contractors or 
                subcontractors, into government contractors or 
                subcontractors.

SEC. 5. FUNDING OF PRIVATE INTERIM STORAGE FACILITY.

    (a) Source of Funding.--The Waste Fund shall be the source of 
funding for actions by the consortium with respect to the siting, 
design, licensing, construction, operation, and decommissioning of the 
private interim storage facility.
    (b) Funding Agreement.--
            (1) In general.--Not later than 60 days following 
        designation of a private interim storage facility site, the 
        Secretary shall execute a funding agreement with the consortium 
        that establishes terms and conditions for the transfer of funds 
        to the consortium from the Waste Fund to reimburse the 
        consortium for all reasonable costs incurred in connection with 
        the site characterization and designation of the private 
        interim storage facility site, and the design, licensing, 
        construction, operation, and decommissioning of the private 
        interim storage facility during the lease period.
            (2) Incorporation into lease agreement.--The funding 
        agreement may be incorporated into the lease agreement under 
        section 4(d).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary, out of the Waste Fund, for carrying out 
this Act, such sums as are necessary to pay the reasonable costs 
described in subsection (b)(1).

SEC. 6. DESIGN OF PRIVATE INTERIM STORAGE FACILITY.

    (a) Criteria.--In designing the private interim storage facility, 
the consortium shall, to the extent practicable, satisfy the following 
criteria:
            (1) Storage capacity.--The private interim storage facility 
        shall have a storage capacity of not less than 40,000 metric 
        tons of commercial spent nuclear fuel, which capacity shall be 
        expanded as necessary if the receipt of spent nuclear fuel at 
        the repository is delayed beyond 2010.
            (2) Canister systems.--The design shall provide for the use 
        of such storage technologies as are licensed or certified by 
the Commission for use at the private interim storage facility.
    (b) Temporary Use of Facilities.--The design of the private interim 
storage facility may provide for the temporary use, as necessary, of 
any facility owned by the Government on the date of enactment of this 
Act and within the boundaries of the private interim storage facility 
site, regardless of whether the facility is licensed by the Commission, 
in connection with the storage, transportation, and handling of 
commercial spent nuclear fuel at the private interim storage facility.

SEC. 7. ACTIVITIES OF THE SECRETARY.

    (a) Cooperation With Consortium.--The Secretary shall encourage 
efforts by the consortium to develop a private interim storage facility 
for commercial spent nuclear fuel in accordance with this Act by, among 
other things--
            (1) providing any requested information, environmental 
        data, and assistance to the consortium; and
            (2) cooperating with the consortium to facilitate 
        compatibility between the private interim storage facility and 
        the Secretary's activities under the Nuclear Waste Policy Act 
        of 1982 (42 U.S.C. 10101 et seq.).
    (b) Obligation.--Development of the private interim storage 
facility by the consortium shall not affect the Secretary's obligations 
under the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.), 
including the Secretary's obligation to characterize and site a 
permanent waste facility.
    (c) Service Agreement.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall offer to execute a 
        service agreement with the consortium for the storage of 
        commercial spent nuclear fuel and attendant services at the 
        private interim storage facility after the facility has been 
        licensed by the Commission.
            (2) Effect.--The Secretary's execution of a service 
        agreement with the consortium shall not--
                    (A) convert the private interim storage facility 
                into a Government facility or its owner or lessee into 
                a Government contractor or subcontractor;
                    (B) impose any obligation on the private interim 
                storage facility that is unique to contracts with the 
                Government; or
                    (C) impose any obligation on the Secretary that 
                would not apply to a private entity that contracts with 
                the private interim storage facility, and specifically 
                shall not--
                            (i) impose any requirement on the Secretary 
                        under the National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.); or
                            (ii) subject the Secretary to Federal laws 
                        (including regulations) governing the 
                        Secretary's procurement of goods or services or 
                        the Secretary's hiring, employment, payment, or 
                        firing of personnel.
            (3) Funding.--The Waste Fund shall be used to fund the 
        Secretary's actions in executing the service agreement and 
        implementing the Secretary's responsibilities under the service 
        agreement, including the acceptance of commercial spent nuclear 
        fuel at disposal contract holder sites and transportation of 
        the fuel to the private interim storage facility.
    (d) Transportation.--
            (1) In general.--The Secretary may use any available 
        system, certified by the Commission, for the transportation of 
        commercial spent nuclear fuel to the private interim storage 
        facility.
            (2) Necessary measures.--Following withdrawal and 
        reservation of the private interim storage facility site under 
section 4, the Secretary shall take such measures, consistent with the 
Secretary's authority under applicable law, as are necessary to ensure 
that the Secretary is able to--
                    (A) accept delivery of commercial spent nuclear 
                fuel at disposal contract holders' sites; and
                    (B) transport commercial spent nuclear fuel to the 
                private interim storage facility in safe, cost-
                efficient, and effective manner.

SEC. 8. ACTIVITIES OF THE COMMISSION.

    (a) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Commission shall amend its regulations 
governing the licensing of independent spent fuel storage 
installations, as necessary, to provide for the licensing of the 
private interim storage facility upon application by the consortium.
    (b) Contents.--The regulations under subsection (a) shall 
incorporate the following provisions:
            (1) Location of facility.--The private interim storage 
        facility shall be located at the private interim storage 
        facility site, under a lease agreement under section 4.
            (2) Storage services.--The license shall authorize the 
        consortium to provide storage services to the Secretary under a 
        service agreement under section 7(c).
            (3) Term of license.--The private interim storage facility 
        shall be licensed for the maximum period consistent with 
        applicable law, not to exceed 100 years.
            (4) Temporary use.--If it is proposed in the license 
        application and facility design, the license shall authorize 
        temporary use of a facility, owned by the Government on the 
        date of enactment of this Act and within the boundaries of the 
        private interim storage facility site, regardless of whether 
        the facility is licensed by the Commission, under such 
        reasonable terms and conditions as the Commission may specify 
        for the use of the facility, including provision for oversight 
        by the Commission to ensure that the facility does not pose an 
        unreasonable risk to public health and safety or the 
        environment.
    (c) Licensing.--On application by the consortium for a license for 
construction and operation of the private interim storage facility at 
the private interim storage facility site, the Commission shall review 
the license application and issue a final decision on the license 
application at the earliest practicable date, to the extent permitted 
by applicable law (including regulations), but not later than 18 months 
after receipt of the license application.
    (d) Compliance With the National Environmental Policy Act of 
1969.--Any environmental impact statement prepared by the Commission 
under section 102(2)(C) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)) in conjunction with the licensing of the 
private interim storage facility authorized by this Act shall not be 
required to, and shall not, consider--
            (1) the need for the private interim storage facility, 
        including any individual component of the facility;
            (2) any alternative to ownership of the private interim 
        storage facility by the consortium;
            (3) the timing of the availability of the private interim 
        storage facility;
            (4) any alternative to the private interim storage facility 
        site;
            (5) any alternative to the design criteria for the facility 
        or any individual component of the facility as specified in the 
        license application; or
            (6) the environmental impact of storage of commercial spent 
        nuclear fuel at the facility beyond the term of the license or 
        the term of the renewal period for which application is made.

SEC. 9. AUDITS AND OVERSIGHT.

    (a) Books and Records.--The Comptroller General shall have access 
to all books and records of the consortium.
    (b) Annual audit.--The Comptroller General shall perform an annual 
audit of the consortium.
    (c) Report.--The Secretary shall provide each annual audit 
performed under subsection (b) to the Senate and the House of 
Representatives.
                                 <all>
S 1478 IS----2