[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4979 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 4979
To foster civilian research and development of advanced nuclear energy
technologies and enhance the licensing and commercial deployment of
such technologies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2016
Mr. Latta (for himself and Mr. McNerney) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on Science, Space, and Technology, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To foster civilian research and development of advanced nuclear energy
technologies and enhance the licensing and commercial deployment of
such technologies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Nuclear Technology
Development Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nuclear energy generates approximately 20 percent of
the total electricity and approximately 60 percent of the
carbon-free electricity of the United States.
(2) Nuclear power plants operate consistently at a 90
percent capacity factor, and provide consumers and businesses
with reliable and affordable electricity.
(3) Nuclear power plants generate billions of dollars in
national economic activity through nationwide procurements and
provide thousands of Americans with high paying jobs
contributing substantially to the local economies in
communities where they operate.
(4) The United States commercial nuclear industry must
continue to lead the international civilian nuclear
marketplace, because it is one of our most powerful national
security tools, guaranteeing the safe, secure, and exclusively
peaceful use of nuclear energy.
(5) Maintaining the Nation's nuclear fleet of commercial
light water reactors and expanding the use of new advanced
reactor designs would support continued production of reliable
baseload electricity and maintain United States global
leadership in nuclear power.
(6) The development of advanced reactor designs would
benefit from a performance-based, risk-informed, efficient, and
cost-effective regulatory framework with defined milestones and
the opportunity for applicants to demonstrate progress through
Nuclear Regulatory Commission approval.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advanced reactor.--The term ``advanced reactor'' means
a nuclear fission reactor with significant design improvements
over the most recent generation of nuclear reactors. Such
improvements may include inherent safety features, lower waste
yields, greater fuel utilization, superior reliability,
resistance to proliferation, and increased thermal efficiency.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Licensing.--The term ``licensing'' means NRC activities
related to reviewing applications for licenses, permits, and
design certifications, and requests for any other regulatory
approval for nuclear reactors within the responsibilities of
the NRC under the Atomic Energy Act of 1954.
(4) National laboratory.--The term ``National Laboratory''
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(5) NRC.--The term ``NRC'' means the Nuclear Regulatory
Commission.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 4. AGENCY COORDINATION.
The NRC and the Department shall enter into the a memorandum of
understanding regarding the following topics:
(1) Technical expertise.--Ensuring that the Department has
sufficient technical expertise to support the civilian nuclear
industry's timely development and commercial deployment of
safe, innovative advanced reactor technology and the NRC has
sufficient technical expertise to support the evaluation of
applications for licenses, permits, and design certifications,
and other requests for regulatory approval for advanced
reactors.
(2) Modeling and simulation.--The use of computers and
software codes to calculate the behavior and performance of
advanced reactors based on mathematical models of their
physical behavior.
(3) Facilities.--Ensuring that the Department maintains and
develops the facilities to support the civilian nuclear
industry's timely development and commercial deployment of
safe, innovative reactor technology and ensuring that the NRC
has access to such facilities, as needed.
SEC. 5. REPORTING TO CONGRESS.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall transmit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that evaluates the status of
activities intended to facilitate the testing and demonstration of
advanced reactors on Department land and facilities and the potential
for the Department to use testing and demonstration on private land.
SEC. 6. ADVANCED REACTOR REGULATORY FRAMEWORK.
(a) Plan Required.--Not later than 270 days after the date of
enactment of this Act, the NRC shall transmit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Environment and Public Works of the Senate a plan for developing an
efficient, risk-informed, technology-neutral framework for advanced
reactor licensing. The plan shall evaluate the following subjects,
consistent with the NRC's role in protecting public health and safety
and common defense and security:
(1) The unique aspects of advanced reactor licensing and
any associated legal, regulatory, and policy issues the NRC
will need to address to develop a framework for licensing
advanced reactors.
(2) Options for licensing advanced reactors under existing
NRC regulations in title 10 of the Code of Federal Regulations,
a proposed new regulatory framework, or a combination of these
approaches.
(3) Options to expedite and streamline the licensing of
advanced reactors, including opportunities to minimize the time
from application submittal to final NRC approval and minimize
the delays that may result from any necessary amendments or
supplements to applications.
(4) Options to expand the incorporation of consensus-based
codes and standards into the advanced reactor regulatory
framework to minimize time to completion and provide
flexibility in implementation.
(5) Options to make the advanced reactor licensing
framework more predictable. This evaluation should consider
opportunities to improve the process by which application
review milestones are established and maintained.
(6) Options to allow applicants to use phased review
processes under which the NRC issues approvals that do not
require the NRC to re-review previously approved information.
This evaluation shall consider the NRC's ability to review and
conditionally approve partial applications, early design
information, and submittals that contain design criteria and
processes to be used to develop information to support a later
phase of the design review.
(7) The extent to which NRC action or modification of
policy is needed to implement any part of the plan required by
this subsection.
(8) The role of licensing advanced reactors within NRC
long-term strategic resource planning, staffing, and funding
levels.
(b) Coordination and Stakeholder Input Required.--In developing the
plan required by subsection (a), the NRC shall seek input from the
Department, the nuclear industry, and other public stakeholders.
(c) Cost and Schedule Estimate.--The plan required by subsection
(a) shall include proposed cost estimates, budgets, and specific
milestones for implementing the advanced reactor regulatory framework
by 2019.
SEC. 7. USER FEES AND ANNUAL CHARGES.
Section 6101(c)(2)(A) of the Omnibus Budget Reconciliation Act of
1990 (42 U.S.C. 2214(c)(2)(A)) is amended--
(1) by striking ``and'' at the end of clause (iii);
(2) by striking the period at the end of clause (iv) and
inserting ``; and''; and
(3) by adding at the end the following:
``(v) for fiscal years ending before
October 1, 2020, amounts appropriated to the
Commission for activities related to the
development of regulatory infrastructure for
advanced nuclear reactor technologies.''.
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