[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2551 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2551

   To provide for the safe development of a repository at the Yucca 
     Mountain site in the State of Nevada, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2008

Mr. Inhofe (for himself, Mr. Craig, Mr. DeMint, Mr. Barrasso, Mr. Bond, 
Mr. Alexander, and Mr. Crapo) introduced the following bill; which was 
  read twice and referred to the Committee on Environment and Public 
                                 Works

_______________________________________________________________________

                                 A BILL


 
   To provide for the safe development of a repository at the Yucca 
     Mountain site in the State of Nevada, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Nuclear Waste 
Policy Amendments Act of 2008''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.
                           TITLE I--LICENSING

Sec. 101. Applications.
Sec. 102. Application procedures; infrastructure activities.
Sec. 103. Connected actions.
Sec. 104. Waste confidence.
Sec. 105. Definition of high-level radioactive waste.
                        TITLE II--ADMINISTRATION

Sec. 201. Air quality permits.
Sec. 202. Expedited authorizations.
Sec. 203. Applicability of law to certain materials.
Sec. 204. Authority for new standard contracts.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) progress toward the safe disposal of spent nuclear fuel 
        and high-level radioactive waste will help ensure that the 
        expanded use of nuclear energy will contribute to meeting the 
        growing need of the United States for reliable, cost-effective 
        energy;
            (2) the Federal Government has the responsibility to 
        provide for permanent disposal of spent nuclear fuel, high-
        level radioactive waste, and waste generated from United States 
        atomic energy defense activities;
            (3) the obligation of the Federal Government to develop a 
        repository provides sufficient grounds for findings by the 
        Nuclear Regulatory Commission that spent nuclear fuel and high-
        level radioactive waste will be disposed of safely and in a 
        timely manner;
            (4) the electricity consumers and nuclear power plant 
        operators of the United States have paid in excess of 
        $27,000,000,000 in fees and interest to fund disposal of spent 
        nuclear fuel and high-level radioactive waste;
            (5) the National Research Council of the National Academy 
        of Sciences--
                    (A) since 1957, has endorsed the concept of deep 
                geologic disposal of high-level radioactive waste as a 
                long-term solution based on scientific and technical 
                analysis; and
                    (B) maintains that deep geologic disposal remains 
                as the only long-term solution available for the 
                disposal of high-level radioactive waste;
            (6) in 2002, the Yucca Mountain site was recommended by the 
        President and approved by Congress for development as a deep 
        geologic repository;
            (7) operation of a repository in accordance with the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) is 
        nearly 20 years behind schedule;
            (8) the delay has--
                    (A) resulted in judicial findings of a partial 
                breach of contract on the part of the Federal 
                Government; and
                    (B) subjected taxpayers to billions of dollars in 
                liability;
            (9) the Commission should allow the upgrade of non-nuclear 
        infrastructure at the repository site prior to construction in 
        an effort to accelerate progress and reduce taxpayer liability;
            (10) the repository should be licensed to safely use the 
        maximum potential capacity of the repository, based on 
        scientific and technical considerations; and
            (11) the development of the repository should incorporate 
        technological advances to improve protection of public health 
        and safety and the environment on a regular basis while 
        retaining the option of retrieval.
    (b) Purposes.--The purposes of this Act are--
            (1) to encourage the expanded contribution of nuclear 
        energy to meet the growing need of the United States for safe, 
        reliable, and cost-effective energy;
            (2) to provide a process for the expeditious and safe 
        development and operation of a repository at the Yucca Mountain 
        site;
            (3) to require periodic system improvements based on 
        advances in technology and understanding to enhance the 
        protection of public health and safety and the environment;
            (4) to clarify the authority of the Secretary to carry out 
        infrastructure activities without prejudicing the consideration 
        of the Commission with respect to repository applications; and
            (5) to provide guidance to the Commission with respect to 
        the consideration by the Commission of spent nuclear fuel and 
        high-level waste disposal during new reactor licensing 
        proceedings.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Nuclear 
        Regulatory Commission.
            (2) Repository.--The term ``repository'' has the meaning 
        given the term in section 2 of the Nuclear Waste Policy Act of 
        1982 (42 U.S.C. 10101).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

                           TITLE I--LICENSING

SEC. 101. APPLICATIONS.

    Section 114(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10134(b)) is amended--
            (1) in the subsection heading, by striking ``Application'' 
        and inserting ``Applications'';
            (2) by striking ``If the President'' and inserting the 
        following:
            ``(1) In general.--If the President''; and
            (3) by adding at the end the following:
            ``(2) Application processes.--
                    ``(A) In general.--The Secretary shall submit, and 
                the Commission shall review, each application described 
                in this paragraph.
                    ``(B) Application for a construction 
                authorization.--
                            ``(i) Required information.--An application 
                        for a construction authorization for a 
                        repository at a site shall contain provisions--
                                    ``(I) for the establishment of, and 
                                preliminary information relating to, a 
                                continuing program, including 
                                underground repository surveillance, 
                                measurement, and testing and research 
                                and development of technologies that 
                                may improve the safety or operation of 
                                the repository--
                                            ``(aa) to be carried out 
                                        during the operation of the 
                                        repository; and
                                            ``(bb) to monitor, 
                                        evaluate, and confirm 
                                        repository performance; and
                                    ``(II) for the development of a 
                                strategy to ensure the ability of the 
                                repository to retrieve, for a period of 
                                not less than 300 years beginning on 
                                the date on which the repository first 
                                commences operation, each quantity of 
                                spent nuclear fuel and high-level 
                                radioactive waste stored at the 
                                repository.
                            ``(ii) Authorized information.--An 
                        application for a construction authorization 
                        shall not be required to contain any 
                        information--
                                    ``(I) relating to any surface 
                                facility other than any surface 
                                facility determined by the Secretary to 
                                be necessary for the initial operation 
                                of the repository; and
                                    ``(II) that is required under 
                                subparagraph (D) for an application 
                                relating to the permanent closure of 
                                the repository.
                    ``(C) Application to amend a construction 
                authorization to receive and possess spent nuclear fuel 
                and high-level radioactive waste.--
                            ``(i) Required information.--An application 
                        to amend a construction authorization to 
                        receive and possess spent nuclear fuel and 
                        high-level radioactive waste at a repository 
                        shall contain provisions for the establishment 
                        of, and final information relating to--
                                    ``(I) a continuing program, 
                                including underground repository 
                                surveillance, measurement, and testing, 
                                and research and development of 
                                technologies that may improve the 
                                safety or operation of the repository--
                                            ``(aa) to be carried out 
                                        during the operation of the 
                                        repository; and
                                            ``(bb) to monitor, 
                                        evaluate, and confirm 
                                        repository performance;
                                    ``(II) a procedure to provide for 
                                periodic revisions of the license of 
                                the repository that shall be 
                                conducted--
                                            ``(aa) to modify the 
                                        license based on the results of 
                                        the program described in 
                                        subclause (I); and
                                            ``(bb) at intervals of not 
                                        more than 50 years; and
                                    ``(III) a program to ensure the 
                                ability of the repository to retrieve, 
                                for a period of not less than 300 years 
                                beginning on the date on which the 
                                repository first commences operation, 
                                each quantity of spent nuclear fuel and 
                                high-level radioactive waste stored at 
                                the repository.
                            ``(ii) Authorized information.--An 
                        application to amend a construction 
                        authorization for permission to receive and 
                        possess spent nuclear fuel and high-level 
                        radioactive waste shall not be required to 
                        contain--
                                    ``(I) any information that was 
                                included in an application or 
                                considered by the Commission in 
                                connection with the issuance of a 
                                construction authorization for the 
                                repository for which authorization to 
                                receive and possess the spent nuclear 
                                fuel and high-level radioactive waste 
                                is sought; or
                                    ``(II) any information that is 
                                required under subparagraph (D) for an 
                                application relating to the permanent 
                                closure of the repository.
                            ``(iii) Requirements relating to 
                        authorization.--If the Commission approves an 
                        application to amend a construction 
                        authorization to receive and possess spent 
                        nuclear fuel and high-level radioactive waste, 
                        the Commission shall impose such requirements 
                        relating to the program, periodic amendment, 
                        and retrievability as the Commission determines 
                        to be appropriate.
                    ``(D) Application to permanently close 
                repository.--
                            ``(i) Authority of secretary.--The 
                        Secretary may submit to the Commission an 
                        application to permanently close the 
                        repository.
                            ``(ii) Contents.--An application to 
                        permanently close the repository shall contain 
                        information that is sufficient to demonstrate 
                        to the Commission that there is a reasonable 
                        expectation that the health and safety of the 
                        public will be adequately protected from any 
                        release generated by any radioactive material 
                        disposed of in the repository in accordance 
                        with each standard promulgated pursuant to 
                        section 801 of the Energy Policy Act of 1992 
                        (42 U.S.C. 10141 note; Public Law 102-486).''.

SEC. 102. APPLICATION PROCEDURES; INFRASTRUCTURE ACTIVITIES.

    Section 114 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10134) is amended by striking subsection (d) and inserting the 
following:
    ``(d) Commission Action.--
            ``(1) Review of regulations.--The Commission shall review 
        and modify each applicable regulation promulgated by the 
        Commission as determined to be necessary by the Commission to 
        ensure that each application described in subsection (b)(2) 
        contains sufficient information for the Commission to determine 
        whether the repository could be operated for a period of not 
        less than 300 years beginning on the date on which the 
        repository first commences operation.
            ``(2) Approval process relating to application for 
        construction authorization.--
                    ``(A) Application deadline.--Not later than June 
                30, 2008, the Secretary shall submit to the Commission 
                an application for a construction authorization for a 
                repository site.
                    ``(B) Consideration.--The Commission shall consider 
                the application for a construction authorization in 
                accordance with the informal hearing process described 
                in subpart L of part 2 of chapter 1 of title 10, Code 
                of Federal Regulations (as in effect on January 1, 
                2006).
                    ``(C) Authorization of construction.--Upon review 
                and consideration of an application for a construction 
                authorization, the Commission shall approve the 
                application if the Commission determines that there is 
                a reasonable expectation that the health and safety of 
                the public will be adequately protected for a period of 
                not less than 300 years beginning on the date on which 
                the repository first commences operation.
                    ``(D) Final decision deadline.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), not later than 3 years after the 
                        date on which the Secretary submits to the 
                        Commission an application for a construction 
                        authorization under subparagraph (A), the 
                        Commission shall carry out all activities 
                        relating to the consideration of an application 
                        for all or part of a repository, including--
                                    ``(I) a sufficiency review and 
                                docketing of the application;
                                    ``(II) the completion of safety and 
                                environmental reviews;
                                    ``(III) the conduct of hearings; 
                                and
                                    ``(IV) the issuance of a final 
                                decision approving or disapproving the 
                                issuance of a construction 
                                authorization.
                            ``(ii) Exception.--The Commission may 
                        extend the deadline described in clause (i) by 
                        a period of not more than 1 year if, not less 
                        than 30 days before the date on which the 
                        deadline occurs, the Commission complies with 
                        each reporting requirement described in 
                        subsection (e)(2).
                    ``(E) Administration.--In carrying out the actions 
                required by this section, the Commission shall--
                            ``(i) issue such partial initial decisions 
                        as the Commission determines to be appropriate 
                        to expedite the review of applications 
                        described in subparagraph (A); and
                            ``(ii) consider each application, in whole 
                        or in part, in accordance with law applicable 
                        to the application.
            ``(3) Approval process relating to application to amend a 
        construction authorization to receive and possess spent nuclear 
        fuel and high-level radioactive waste.--
                    ``(A) Submission of application.--If the Commission 
                approves an application for a construction 
                authorization under paragraph (2), not later than 90 
                days after the effective date of the construction 
                authorization, the Secretary shall submit to the 
                Commission an application to amend the construction 
                authorization to receive and possess spent nuclear fuel 
                and high-level radioactive waste.
                    ``(B) Consideration.--
                            ``(i) In general.--The Commission shall 
                        consider an application to amend a construction 
                        authorization to receive and possess spent 
                        nuclear fuel and high-level radioactive waste 
                        in accordance with--
                                    ``(I) the informal hearing process 
                                described in subpart L of part 2 of 
                                chapter 1 of title 10, Code of Federal 
                                Regulations (as in effect on January 1, 
                                2006); and
                                    ``(II) discovery procedures to 
                                minimize the burden of each party of 
                                submitting to the Commission documents 
                                that the Commission determines are not 
                                necessary for the Commission to approve 
                                the application for an authorization to 
                                receive and possess spent nuclear fuel 
                                and high-level radioactive waste.
                            ``(ii) Matters resolved during approval of 
                        construction authorization.--In considering an 
                        application to amend a construction 
                        authorization to receive and possess spent 
                        nuclear fuel and high-level radioactive waste 
                        under clause (i), the Commission shall consider 
                        to be resolved each matter resolved during the 
                        consideration by the Commission of the 
                        construction authorization that is the subject 
                        of the application.
                    ``(C) Permission to receive and possess spent 
                nuclear fuel and high-level radioactive waste.--Upon 
                review and consideration of an application to amend a 
                construction authorization to receive and possess spent 
                nuclear fuel and high-level radioactive waste, the 
                Commission shall approve the application if the 
                Commission determines that there is a reasonable 
                expectation that the health and safety of the public 
                will be adequately protected for a period of not less 
                than 300 years beginning on the date on which the 
                repository first commences operation.
                    ``(D) Final decision deadline.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), not later than 540 days after the 
                        date on which the Secretary submits to the 
                        Commission an application to amend a 
                        construction authorization to receive and 
                        possess spent nuclear fuel and high-level 
                        radioactive waste under subparagraph (A), the 
                        Commission shall issue a final decision 
                        approving or disapproving the issuance of a 
                        license to receive and possess spent nuclear 
                        fuel and high-level radioactive waste.
                            ``(ii) Exception.--The Commission may 
                        extend the deadline described in clause (i) by 
                        a period of not more than 180 days if, not less 
                        than 30 days before the date on which the 
                        deadline occurs, the Commission complies with 
                        each reporting requirement described in 
                        subsection (e)(2).
            ``(4) Review of regulations relating to applications for 
        permanent closure.--To conform the application process for the 
        permanent closure of the repository with the requirements of 
        this Act, the Commission shall review and modify each 
        regulation promulgated by the Commission relating to the 
        application process for the permanent closure of a repository.
            ``(5) Infrastructure activities.--
                    ``(A) Authority of secretary.--At any time before 
                or after the Commission issues a final decision on an 
                application for a construction authorization under 
                paragraph (2), the Secretary may carry out 
                infrastructure activities that the Secretary determines 
                to be necessary or appropriate to support the 
                construction of a repository at the Yucca Mountain site 
                or transportation to the Yucca Mountain site of spent 
                nuclear fuel and high-level radioactive waste, 
                including--
                            ``(i) safety upgrades;
                            ``(ii) site preparation activities;
                            ``(iii) the construction of--
                                    ``(I) a rail line to connect the 
                                Yucca Mountain site with the national 
                                rail network; and
                                    ``(II) any facility necessary for 
                                the operation of the rail line 
                                described in subclause (I); and
                            ``(iv) the construction, upgrade, 
                        acquisition, or operation of--
                                    ``(I) electrical grids or 
                                facilities;
                                    ``(II) related utilities;
                                    ``(III) communication facilities;
                                    ``(IV) access roads;
                                    ``(V) rail lines; and
                                    ``(VI) nonnuclear support 
                                facilities.
                    ``(B) Compliance.--
                            ``(i) In general.--Subject to clause (ii), 
                        in carrying out any infrastructure activity 
                        under subparagraph (A), the Secretary shall 
                        comply with each applicable requirement under 
                        the National Environmental Policy Act of 1969 
                        (42 U.S.C. 4321 et seq.).
                            ``(ii) Authority of secretary.--If the 
                        Secretary determines that an environmental 
                        impact statement, environmental assessment, or 
                        other environmental analysis required under the 
                        National Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.) is required in carrying 
                        out an infrastructure activity under 
                        subparagraph (A), the Secretary shall not be 
                        required to consider in that statement, 
                        assessment, or analysis--
                                    ``(I) the need for the action;
                                    ``(II) any alternative action; or
                                    ``(III) any no-action alternative.
                            ``(iii) Other federal agencies.--
                                    ``(I) In general.--If a Federal 
                                agency is required to consider the 
                                potential environmental impact of an 
                                infrastructure activity carried out 
                                under subparagraph (A), the Federal 
                                agency shall, without further action, 
                                adopt, to the maximum extent 
                                practicable, any environmental impact 
                                statement, environmental assessment, or 
                                other environmental analysis prepared 
                                by the Secretary.
                                    ``(II) Effect of adoption of 
                                statement.--The adoption by a Federal 
                                agency of an environmental impact 
                                statement, environmental assessment, or 
                                other environmental analysis under 
                                subclause (I) shall satisfy each 
                                applicable responsibility of the 
                                Federal agency relating to the 
                                applicable infrastructure activity of 
                                the Federal agency under the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.).
                    ``(C) Consideration by commission.--The Commission 
                shall not consider the fact that the Secretary has 
                undertaken an infrastructure activity under this 
                paragraph as a factor in determining whether to 
                approve, deny, or condition an application--
                            ``(i) for a construction authorization;
                            ``(ii) to amend a construction 
                        authorization to receive and possess spent 
                        nuclear fuel and high-level radioactive waste; 
                        or
                            ``(iii) for any other action relating to 
                        the repository.
            ``(6) Procedures.--In reviewing applications under this 
        subsection, the Commission shall use procedures that ensure the 
        transparent review and resolution of key scientific and 
        technical issues in a timely manner.''.

SEC. 103. CONNECTED ACTIONS.

    Section 114(f)(6) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10134(f)(6)) is amended--
            (1) by striking ``site, or'' and inserting ``site,''; and
            (2) by inserting before the period at the end the 
        following: ``, or any action related to construction or 
        operation of a rail transport system for transporting spent 
        nuclear fuel or high-level radioactive waste to the 
        repository''.

SEC. 104. WASTE CONFIDENCE.

    For purposes of a determination by the Commission on whether to 
grant, amend, or renew any license to construct or operate any civilian 
nuclear power reactor or high-level radioactive waste or spent fuel 
storage or treatment facility under the Atomic Energy Act of 1954 (42 
U.S.C. 2011 et seq.)--
            (1) the obligation of the Secretary to develop a repository 
        in accordance with the Nuclear Waste Policy Act of 1982 (42 
        U.S.C. 10101 et seq.) shall provide sufficient and independent 
        grounds for any further findings by the Commission of 
        reasonable assurances that spent nuclear fuel and high-level 
        radioactive waste would be disposed of safely and in a timely 
        manner; and
            (2) no consideration of the environmental impact of the 
        storage of spent nuclear fuel or high-level radioactive waste 
        on the site of the civilian nuclear power reactor or high-level 
        radioactive waste or spent fuel storage or treatment facility 
        under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), 
        for the period following the term of the license for the 
        facility, shall be required in any environmental impact 
        statement, environmental assessment, environmental analysis, or 
        other analysis prepared in connection with the issuance, 
        amendment or renewal of a license to construct or operate the 
        facility.

SEC. 105. DEFINITION OF HIGH-LEVEL RADIOACTIVE WASTE.

    Section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101) 
is amended by striking paragraph (12) and inserting the following:
            ``(12) High-level radioactive waste.--The term `high-level 
        radioactive waste' means--
                    ``(A) the highly radioactive material resulting 
                from the reprocessing in the United States of spent 
                nuclear fuel, including liquid waste produced directly 
                in reprocessing and any solid material derived from 
                such liquid waste that contains fission products in 
                sufficient concentrations;
                    ``(B) the highly radioactive material described in 
                section 3(b)(1)(D) of the Low-Level Radioactive Waste 
                Policy Act (42 U.S.C. 2021c(b)(1)(D) resulting from the 
                operation of facilities licensed under section 103 or 
                104 of the Atomic Energy Act of 1954 (42 U.S.C. 2133, 
                2134); and
                    ``(C) any other highly radioactive material that 
                the Commission, consistent with law, may determine by 
                rule requires permanent isolation.''.

                        TITLE II--ADMINISTRATION

SEC. 201. AIR QUALITY PERMITS.

    Section 114 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10134) is amended by adding at the end the following:
    ``(g) Air Quality.--
            ``(1) In general.--The Administrator shall issue, 
        administer, and enforce any air quality permit or requirement 
        applicable to any facility under the jurisdiction of, or any 
        activity carried out by, a Federal agency that is subject to 
        the requirements of this Act.
            ``(2) Preemption of state laws.--No State or political 
        subdivision of a State may issue, administer, or enforce any 
        air quality permit or requirement applicable to any facility 
        under the jurisdiction of, or any activity carried out by, a 
        Federal agency that is subject to the requirements of this 
        Act.''.

SEC. 202. EXPEDITED AUTHORIZATIONS.

    Section 120 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10140) is amended--
            (1) in subsection (a)(1)--
                    (A) in the first sentence, by inserting ``, or the 
                conduct of an infrastructure activity,'' after 
                ``repository'';
                    (B) by inserting ``, State, local, or tribal'' 
                after ``Federal'' each place it appears; and
                    (C) in the second sentence, by striking 
                ``repositories'' and inserting ``a repository or 
                infrastructure activity'';
            (2) in subsection (b), by striking ``, and may include 
        terms and conditions permitted by law''; and
            (3) by adding at the end the following:
    ``(c) Failure To Grant Authorization.--An agency or officer that 
fails to grant authorization by the date that is 1 year after the date 
of receipt of an application or request from the Secretary subject to 
subsection (a) shall submit to Congress a written report that explains 
the reason for the failure to grant the authorization (or to reject the 
application or request) by that date.
    ``(d) Treatment of Actions.--For the purpose of applying any 
Federal, State, local, or tribal law or requirement, the taking of an 
action relating to a repository or an infrastructure activity shall be 
considered to be--
            ``(1) beneficial, and not detrimental, to the public 
        interest and interstate commerce; and
            ``(2) consistent with the public convenience and 
        necessity.''.

SEC. 203. APPLICABILITY OF LAW TO CERTAIN MATERIALS.

    Subtitle A of title I of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10131 et seq.) is amended by adding at the end the following:

``SEC. 126. APPLICABILITY OF LAW TO CERTAIN MATERIALS.

    ``Section 6001(a) of the Solid Waste Disposal Act (42 U.S.C. 
6961(a)) shall not apply to--
            ``(1) any material, the title of which is in the possession 
        of the Secretary, if the material is transported or stored in a 
        package, cask, or other container that the Commission has 
        certified for transportation or storage of that type of 
        material; or
            ``(2) any material located at the Yucca Mountain site for 
        disposal if the management and disposal of the material is 
        managed or disposed of in accordance with a license issued by 
        the Commission.''.

SEC. 204. AUTHORITY FOR NEW STANDARD CONTRACTS.

    Section 302(a)(5) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10222(a)(5)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively, and indenting appropriately;
            (2) by striking ``(5) Contracts'' and inserting the 
        following:
            ``(5) Requirements relating to contracts.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                contract''; and
            (3) by adding at the end the following:
                    ``(B) Civilian nuclear power reactors.--After the 
                date of enactment of the Nuclear Waste Policy 
                Amendments Act of 2008, for any civilian nuclear power 
                reactor for which a license application is filed with 
                the Commission in accordance with section 103 or 104 of 
                the Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134), a 
                contract under this section shall--
                            ``(i) not later than 60 days after the date 
                        on which the Commission dockets the license 
                        application, be entered into by the Secretary;
                            ``(ii) be consistent with the standard 
                        contract for disposal of spent nuclear fuel 
                        and/or high-level radioactive waste described 
                        in section 961.11 of title 10, Code of Federal 
                        Regulations (as in effect on January 1, 2006);
                            ``(iii) require that not later than 35 
                        years after the date on which the civilian 
                        nuclear power reactor first commences 
                        commercial operation, the Secretary take title 
                        to, transport, and dispose of the spent nuclear 
                        fuel or high-level radioactive waste of the 
                        civilian nuclear power reactor; and
                            ``(iv) not contain any provision that 
                        provides for the adjustment of the 1.0 mil per 
                        kilowatt-hour fee established by paragraph 
                        (2).''.
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