[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9015 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 9015

 To direct the Administrator of the Environmental Protection Agency to 
establish an emissions avoidance program for certain nuclear reactors, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 17, 2020

 Mr. Kinzinger (for himself and Mr. Michael F. Doyle of Pennsylvania) 
 introduced the following bill; which was referred to the Committee on 
       Energy and Commerce, and in addition to the Committees on 
Transportation and Infrastructure, and Financial Services, 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 direct the Administrator of the Environmental Protection Agency to 
establish an emissions avoidance program for certain nuclear reactors, 
                        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; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Preserving 
Existing Nuclear Energy Generation Act''.
    (b) Definitions.--In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Environment and Public Works 
                of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.
            (3) Commission.--The term ``Commission'' means the Nuclear 
        Regulatory Commission.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 2. NUCLEAR REACTOR INCENTIVES.

    (a) Definitions.--In this section:
            (1) Certified nuclear reactor.--The term ``certified 
        nuclear reactor'' means a nuclear reactor that--
                    (A) operates in a competitive electricity market; 
                and
                    (B) is certified under subsection (c)(2)(A)(i) to 
                submit a sealed bid in accordance with subsection (d).
            (2) Credit.--The term ``credit'' means a credit allocated 
        to a certified nuclear reactor under subsection (e)(2).
    (b) Establishment of Program.--Subject to the availability of 
appropriations, the Administrator, in consultation with the Secretary, 
shall establish an emissions avoidance program--
            (1) to evaluate nuclear reactors that are projected to 
        cease operations due to economic factors; and
            (2) to allocate credits to certified nuclear reactors that 
        are selected under paragraph (1)(B) of subsection (e) to 
        receive credits under paragraph (2) of that subsection.
    (c) Certification.--
            (1) Application.--
                    (A) In general.--In order to be certified under 
                paragraph (2)(A)(i), the owner or operator of a nuclear 
                reactor that is projected to cease operations due to 
                economic factors shall submit to the Administrator an 
                application at such time, in such manner, and 
                containing such information as the Administrator 
                determines to be appropriate, including--
                            (i) information on the operating costs 
                        necessary to make the determination described 
                        in paragraph (2)(A)(ii)(II), including--
                                    (I) the average annual operating 
                                loss per megawatt-hour expected to be 
                                incurred by the nuclear reactor over 
                                the 4-year period for which credits 
                                would be allocated;
                                    (II) any private or publicly 
                                available data with respect to current 
                                or projected bulk power market prices;
                                    (III) out-of-market revenue 
                                streams;
                                    (IV) operations and maintenance 
                                costs;
                                    (V) capital costs, including fuel; 
                                and
                                    (VI) operational and market risks;
                            (ii) an estimate of the potential 
                        incremental emissions of carbon dioxide, 
                        nitrogen oxides, sulfur oxides, particulate 
                        matter, and hazardous air pollutants that would 
                        result if the nuclear reactor were to cease 
                        operations;
                            (iii) information on the source of 
                        recovered uranium and the location where the 
                        uranium is converted, enriched, and fabricated 
                        into fuel assemblies for the nuclear reactor 
                        for the 4-year period for which credits would 
                        be allocated; and
                            (iv) a detailed plan to sustain operations 
                        at the conclusion of the applicable 4-year 
                        period for which credits would be allocated--
                                    (I) without receiving additional 
                                credits; or
                                    (II) with the receipt of additional 
                                credits of a lower amount than the 
                                credits allocated during that 4-year 
                                credit period.
                    (B) Timeline.--The Administrator shall accept 
                applications described in subparagraph (A)--
                            (i) until the date that is 120 days after 
                        the date of enactment of this Act; and
                            (ii) not less frequently than every year 
                        thereafter.
            (2) Determination to certify.--
                    (A) Determination.--
                            (i) In general.--Not later than 60 days 
                        after the applicable date under subparagraph 
                        (B) of paragraph (1), the Administrator, in 
                        consultation with the Secretary, shall 
                        determine whether to certify, in accordance 
                        with clauses (ii) and (iii) of this 
                        subparagraph, each nuclear reactor for which an 
                        application is submitted under subparagraph (A) 
                        of paragraph (1).
                            (ii) Minimum requirements.--To the maximum 
                        extent practicable, the Administrator, in 
                        consultation with the Secretary, shall only 
                        certify a nuclear reactor under clause (i) if--
                                    (I) the nuclear reactor has a good 
                                safety record, as determined by the 
                                Action Matrix of the Commission or the 
                                Performance Indicators of the Reactor 
                                Oversight Process, such that the 
                                nuclear reactor falls under the 
                                ``licensee response'' column indicating 
                                no current significant safety issues;
                                    (II) after considering the 
                                information submitted under paragraph 
                                (1)(A)(i), the Administrator determines 
                                that the nuclear reactor is projected 
                                to cease operations due to economic 
                                factors; and
                                    (III) after considering the 
                                estimate submitted under paragraph 
                                (1)(A)(ii), the Administrator 
                                determines that emissions of carbon 
                                dioxide, nitrogen oxides, sulfur 
                                oxides, particulate matter, and 
                                hazardous air pollutants would increase 
                                if the nuclear reactor were to cease 
                                operations and be replaced with other 
                                types of power generation.
                            (iii) Priority.--In determining whether to 
                        certify a nuclear reactor under clause (i), the 
                        Administrator, in consultation with the 
                        Secretary, shall give priority to a nuclear 
                        reactor that uses uranium that is recovered, 
                        converted, enriched, and fabricated into fuel 
                        assemblies in the United States.
                    (B) Notice.--For each application received under 
                paragraph (1)(A), the Administrator, in consultation 
                with the Secretary, shall provide to the applicable 
                owner or operator, as applicable--
                            (i) a notice of the certification of the 
                        applicable nuclear reactor; or
                            (ii) a notice that describes the reasons 
                        why the certification of the applicable nuclear 
                        reactor was denied.
    (d) Bidding Process.--
            (1) In general.--Subject to paragraph (2), the 
        Administrator shall establish a deadline by which each 
        certified nuclear reactor shall submit to the Administrator a 
        sealed bid that--
                    (A) describes the price per megawatt-hour required 
                to maintain operations of the certified nuclear reactor 
                during the 4-year period for which the certified 
                nuclear reactor would receive credits; and
                    (B) includes a commitment, subject to the receipt 
                of credits, to provide a specific number of megawatt-
                hours of generation during the 4-year period for which 
                credits would be allocated.
            (2) Requirement.--The deadline established under paragraph 
        (1) shall be not later than 30 days after the first date on 
        which the Administrator has made the determination described in 
        paragraph (2)(A)(i) of subsection (c) with respect to each 
        application submitted under paragraph (1)(A) of that 
        subsection.
    (e) Allocation.--
            (1) Auction.--The Administrator, in consultation with the 
        Secretary, shall--
                    (A) in consultation with the heads of applicable 
                Federal agencies, establish a process for evaluating 
                bids submitted under subsection (d)(1) through an 
                auction process; and
                    (B) select certified nuclear reactors to be 
                allocated credits.
            (2) Credits.--Subject to subsection (f)(2), on selection 
        under paragraph (1), a certified nuclear reactor shall be 
        allocated credits for a 4-year period beginning on the date of 
        the selection.
            (3) Requirement.--To the maximum extent practicable, the 
        Administrator shall use the amounts made available for credits 
        under this section to allocate credits to as many certified 
        nuclear reactors as possible.
    (f) Renewal.--
            (1) In general.--The owner or operator of a certified 
        nuclear reactor may seek to recertify the nuclear reactor in 
        accordance with this section.
            (2) Limitation.--Notwithstanding any other provision of 
        this section, the Administrator may not allocate any credits 
        after September 30, 2026.
    (g) Additional Requirements.--
            (1) Audit.--During the 4-year period beginning on the date 
        on which a certified nuclear reactor first receives a credit, 
        the Administrator, in consultation with the Secretary, shall 
        periodically audit the certified nuclear reactor.
            (2) Recapture.--The Administrator shall, by regulation, 
        provide for the recapture of the allocation of any credit to a 
        certified nuclear reactor that, during the period described in 
        paragraph (1)--
                    (A) terminates operations; or
                    (B) does not operate at an annual loss in the 
                absence of an allocation of credits to the certified 
                nuclear reactor.
            (3) Confidentiality.--The Administrator, in consultation 
        with the Secretary, shall establish procedures to ensure that 
        any confidential, private, proprietary, or privileged 
        information that is included in a sealed bid submitted under 
        this section is not publicly disclosed or otherwise improperly 
        used.
    (h) Report.--Not later than January 1, 2024, the Comptroller 
General of the United States shall submit to Congress a report with 
respect to the credits allocated to certified nuclear reactors, which 
shall include--
            (1) an evaluation of the effectiveness of the credits in 
        avoiding emissions of carbon dioxide, nitrogen oxides, sulfur 
        oxides, particulate matter, and hazardous air pollutants while 
        ensuring grid reliability;
            (2) a quantification of the ratepayer savings achieved 
        under this section; and
            (3) any recommendations to renew or expand the credits.

SEC. 3. NUCLEAR CLOSURE COMMUNITIES.

    (a) Definitions.--In this section:
            (1) Community advisory board.--The term ``community 
        advisory board'' means a community committee or other advisory 
        organization that aims to foster communication and information 
        exchange between a licensee planning for and involved in 
        decommissioning activities and members of the community that 
        decommissioning activities may affect.
            (2) Decommission.--The term ``decommission'' has the 
        meaning given the term in section 50.2 of title 10, Code of 
        Federal Regulations (or successor regulations).
            (3) Eligible recipient.--The term ``eligible recipient'' 
        has the meaning given the term in section 3 of the Public Works 
        and Economic Development Act of 1965 (42 U.S.C. 3122).
            (4) Licensee.--The term ``licensee'' has the meaning given 
        the term in section 50.2 of title 10, Code of Federal 
        Regulations (or successor regulations).
            (5) Nuclear closure community.--The term ``nuclear closure 
        community'' means a unit of local government, including a 
        county, city, town, village, school district, or special 
        district that has been impacted, or reasonably demonstrates to 
        the satisfaction of the Secretary of Commerce, that it will be 
        impacted, by a nuclear power plant licensed by the Commission 
        that has ceased operation or has provided a written 
        notification to the Commission that it will cease operations as 
        of the date of enactment of this Act.
    (b) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Commerce shall establish a 
grant program to provide grants to eligible recipients--
            (1) to provide financial assistance to local governments 
        who have experienced, or are anticipating, major revenue 
        shortfalls due to the closure, or announced closure, of a 
        nuclear power plant;
            (2) to assist with economic development in nuclear closure 
        communities; and
            (3) to fund community advisory boards in nuclear closure 
        communities.
    (c) Requirement.--In carrying out this section, to the maximum 
extent practicable, the Secretary of Commerce shall implement the 
recommendations described in the report submitted to Congress under 
section 108 of the Nuclear Energy Innovation and Modernization Act 
(Public Law 115-439; 132 Stat. 5577) entitled ``Best Practices for 
Establishment and Operation of Local Community Advisory Boards 
Associated with Decommissioning Activities at Nuclear Power Plants''.
    (d) Distribution of Funds.--The Secretary of Commerce shall 
establish a formula to ensure, to the maximum extent practicable, 
geographic diversity among grant recipients under this section.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce--
                    (A) to carry out subsection (b)(1), $30,000,000 for 
                each of fiscal years 2021 through 2026;
                    (B) to carry out subsection (b)(2), $30,000,000 for 
                each of fiscal years 2021 through 2026; and
                    (C) to carry out subsection (b)(3), $5,000,000 for 
                each of fiscal years 2021 through 2023.
            (2) Availability.--Amounts made available under this 
        section shall remain available for a period of 5 years 
        beginning on the date on which the amounts are made available.
            (3) No offset.--None of the funds made available under this 
        section may be used to offset the funding for any other Federal 
        program.

SEC. 4. REPORT ON LESSONS LEARNED DURING THE COVID-19 PUBLIC HEALTH 
              EMERGENCY.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Commission shall submit to the appropriate 
committees of Congress and make publicly available a report on actions 
taken by the Commission during the public health emergency declared by 
the Secretary of Health and Human Services under section 319 of the 
Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with 
respect to COVID-19.
    (b) Contents.--The report under subsection (a) shall include--
            (1) an identification of the processes, procedures, and 
        other regulatory policies that were revised or temporarily 
        suspended during the public health emergency described in 
        subsection (a);
            (2) a review of actions, if any, taken by the Commission 
        that examines how any revision or temporary suspension of a 
        process, procedure, or other regulatory policy identified under 
        paragraph (1) may or may not have compromised the ability of 
        the Commission to license and regulate the civilian use of 
        radioactive materials in the United States to protect public 
        health and safety, promote the common defense and security, and 
        protect the environment;
            (3) a description of any process efficiencies or challenges 
        that resulted from the matters identified under paragraph (1);
            (4) a discussion of lessons learned from the matters 
        described in paragraphs (1), (2), and (3);
            (5) a list of actions that the Commission may take to 
        incorporate into the licensing activities and regulations of 
        the Commission, without compromising the mission of the 
        Commission--
                    (A) the lessons described in paragraph (4); and
                    (B) the information provided under paragraphs (2) 
                and (3); and
            (6) a description of when the actions described in 
        paragraph (5) may be implemented.
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