II 111th CONGRESS 2d Session S. 3233 IN THE SENATE OF THE UNITED STATES April 20, 2010 Mr. Barrasso (for himself and Mr. Nelson of Nebraska) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Atomic Energy Act of 1954 to authorize the Secretary of Energy to barter, transfer, or sell surplus uranium from the inventory of the Department of Energy, and for other purposes.
1.
Short title
This Act may be cited as the Surplus Uranium Disposition Act of 2010.
2.
Barter, transfer, or sale of surplus uranium
(a)
In general
Chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the following:
170J.
Barter, transfer, or sale of surplus uranium
(a)
Definitions
In this section: (1)
Commission
The term Commission means the Nuclear Regulatory Commission. (2)
Department
The term Department means the Department of Energy. (3)
Initial core
The term initial core means the quantity of uranium required to fuel the first operating cycle of a newly constructed nuclear reactor located in the United States. (4)
Long-term contract
The term long-term contract means a contract— (A)entered into under subsection (e); and (B)the duration of which is not less than 3 years. (5)
Reserve inventory
The term reserve inventory means the quantity of the excess uranium stockpile of the Department, the barter, sale, or transfer of which is prohibited except in the case of a national energy emergency, as declared by the President under subsection (l)(2). (6)
Secretary
The term Secretary means the Secretary of Energy. (7)
Uranium
The term uranium means any form of surplus uranium from the inventory of the Department. Any reference in this section to a quantity of uranium means a quantity of natural uranium (uranium containing 0.711 percent U–235) or its equivalent. (b)
Authority of Secretary
As soon as practicable after the date of enactment of this section, the Secretary may barter, transfer, or sell to eligible entities, at fair market value, uranium in accordance with this section. (c)
Eligible entities
(1)
Barters, transfers, or sales for initial cores
To be eligible to obtain uranium under subsection (d)— (A)an eligible entity shall have submitted to the Commission an application for a combined operating license for a reactor; and (B)the Commission shall have approved, or agreed to review, the application. (2)
Additional barters, transfers, or sales
To be eligible to obtain uranium under subsection (e), an eligible entity shall possess a license from the Commission. (d)
Barters, transfers, or sales for initial cores
The Secretary shall offer to barter, transfer, or sell to eligible entities, on a first-come, first-served basis and at fair market value, 20,000,000 pounds of uranium for initial cores for projects to build new reactors. (e)
Additional barters, transfers, or sales
In addition to initial core barters, transfers, or sales under subsection (d), the Secretary may barter, transfer, or sell to eligible entities, on a first-come, first-served basis and at fair market value, uranium in accordance with the following schedule: YearMillion poundsUranium 20103.0 20113.3 20123.8 2013 and each subsequent year5.0
(f)
Transparency and competitive procedures
In making barters, transfers, or sales of uranium to eligible entities under this section, the Secretary shall ensure, to the maximum extent practicable, that— (1)the United States receives the fair market value for any uranium bartered, transferred, or sold to the entities; and (2)any barter, transfer, or sale under this section is conducted in a transparent and competitive manner. (g)
Sale of bartered or transferred uranium
If the Secretary barters or transfers uranium under this section, any uranium sold by the recipient shall be— (1)sold at fair market value; and (2)considered part of the annual sales quantity of the Department for the year bartered or transferred. (h)
Dissemination requirement
Not later than 14 days before the date on which the Secretary barters, transfers, or sells to an eligible entity any uranium under this section, the Secretary shall publish in the Federal Register, with respect to the barter, transfer, or sale, the determination required by the Secretary under section 3112(e)(2) of the USEC Privatization Act (42 U.S.C. 2297h–10(e)(2)). (i)
Other programs
(1)
Compliance
In carrying out this section, the Secretary shall comply with— (A)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B)section 3112 of the USEC Privatization Act (42 U.S.C. 2297h–10); and (C)other applicable provisions of law (including regulations). (2)
Use of proceeds
No funds or other value obtained from the barter, transfer, or sale of uranium under this section may be used to carry out other programs of the Department without a specific appropriation by Congress. (j)
Schedule
The Secretary shall ensure that long-term contracts cover not less than 50 percent of the quantity of uranium bartered, transferred, or sold under this section during each calendar year. (k)
Department needs
Notwithstanding any other provision of this section, the Secretary shall maintain a sufficient inventory of uranium to meet the current and foreseeable needs of the missions and programs of the Department, including missions and programs of— (1)the National Nuclear Security Agency; (2)the Office of Nuclear Energy, Science, and Technology Programs; (3)the Office of the Assistant Secretary for Environmental Management; and (4)other agencies of the Department, as determined by the Secretary. (l)
Reserve inventory
(1)
In general
The Secretary shall maintain a reserve inventory of uranium that contains not less than 20,000,000 pounds of uranium. (2)
National energy emergency
The Secretary shall release uranium from the reserve inventory only in the case of a national energy emergency declared by the President.
. (b)
Technical amendment
Section 11 f. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(f)) is amended by striking Atomic Energy Commission and inserting Nuclear Regulatory Commission.