[Congressional Record Volume 143, Number 42 (Thursday, April 10, 1997)]
[Senate]
[Pages S3059-S3062]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                  THE NUCLEAR WASTE POLICY ACT OF 1997

                                 ______
                                 

                   REID (AND BRYAN) AMENDMENT NO. 28

  Mr. REID (for himself and Mr. Bryan) proposed an amendment to 
amendment No. 27 proposed by Mr. Thurmond to the bill (S. 104) to amend 
the Nuclear Waste Policy Act of 1982; as follows:

       At the end of the matter proposed to be inserted, add:
       Notwithstanding any other provision of this bill, 
     transportation of spent nuclear fuel or high-level 
     radioactive waste under the provisions of this bill to a 
     centralized interim storage site or to a permanent repository 
     shall not cross any state line without the express written 
     consent of the governor of the State of entry.
                                 ______
                                 

                    WELLSTONE AMENDMENTS NOS. 29-30

  Mr. REID (for Mr. Wellstone) proposed two amendments to amendment No. 
26 proposed by Mr. Murkowski to the bill, S. 104, supra; as follows:

                            Amendment No. 29

       On page 22 of the substitute, line 5, after ``(3)(B)'' 
     insert ``until the Secretary has made a determination that 
     personnel in all State, local, and tribal jurisdictions on 
     primary and alternative shipping routes have met acceptable 
     standards of training for emergency responses to accidents 
     involving spent nuclear fuel and high-level nuclear waste, as 
     established by the Secretary, and''.

                            Amendment No. 30

       At the appropriate place, insert the following:

     SEC.   . SENSE OF THE SENATE REGARDING FEDERAL ASSISTANCE FOR 
                   ELDERLY AND DISABLED LEGAL IMMIGRANTS.

       It is the sense of the Senate that Congress should take 
     steps to ensure that elderly and disabled legal immigrants 
     who are unable to work, will not be left without Federal 
     assistance essential to their well-being.
                                 ______
                                 

                     BINGAMAN AMENDMENTS NOS. 31-32

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted two amendments intended to be proposed

[[Page S3060]]

by him to amendment No. 26 proposed by Mr. Murkowski to the bill, S. 
104, supra; as follows:

                            Amendment No. 31

       On page 28, line 17, strike ``If the President'' and all 
     that follows through page 29, line 1 and insert the 
     following:
       ``(3) If the Secretary makes a determination under section 
     206(c)(3) that the Yucca Mountain site is not suitable or 
     cannot satisfy the Commission's regulations applicable to the 
     licensing of a repository, the Secretary shall--
       ``(A) terminate all activities (except necessary 
     termination activities) related to construction of an interim 
     storage facility at any site designated under paragraph (1); 
     and
       ``(B) no later than 24 months after such determination, 
     make a preliminary designation of one or more alternative 
     sites for construction of an interim storage facility.
       ``(4) If the Commission, after review of the Secretary's 
     application for construction authorization for the repository 
     or after review of the Secretary's application for a license 
     to receive and possess spent nuclear fuel or high-level 
     radioactive waste at the repository, determines that it is 
     not possible to license a repository at Yucca Mountain under 
     section 206--
       ``(A) the Commission shall promptly notify the Secretary, 
     the Congress, and the State of Nevada of its determination 
     and the reasons therefore; and
       ``(B) the Secretary shall--
       ``(i) promptly take the actions described in paragraphs (1) 
     and (2) of section 204(b);
       ``(ii) suspend all activities (except for necessary 
     surveillance and maintenance) related to construction or 
     operation of an interim storage facility at any site 
     designated under section 204(c)(1);
       ``(iii) no later than 24 months after being notified by the 
     Commission of its determination, make a preliminary 
     designation of one or more alternative sites for construction 
     of an interim storage facility; and
       ``(iv) at the time of the designation under clause (iii), 
     transmit recommendations to Congress with respect to further 
     construction or operation of an interim storage facility at 
     any site designated under section 204(c)(1).''.
                                                                    ____


                            Amendment No. 32

       On page 28, strike section 204(c)(2) of the amendment and 
     insert the following:
       ``(2) No later than 18 months after a determination by the 
     President under subsection (b) that the Yucca Mountain site 
     is unsuitable for development as a repository, the President 
     shall designate a site for the construction of an interim 
     storage facility.''.
                                 ______
                                 

                        BUMPERS AMENDMENT NO. 33

  Mr. BUMPERS proposed an amendment to amendment No. 26 proposed by Mr. 
Murkowski to the bill, S. 104, supra; as follows:

       On page 75, strike lines 4 through 8 and insert:
       ``It is the sense of the Senate that--
       ``(1) the Department of Energy has entered into contracts 
     with utilities for the disposal of spent nuclear fuel or 
     high-level radioactive waste, under section 302(a) of the 
     Nuclear Waste Policy Act of 1982, based on the standard 
     contract in subpart B of 961 of title 10, Code of Federal 
     Regulations;
       ``(2) the U.S. Court of Appeals for the District of 
     Columbia Circuit, in Indiana Michigan Power Company v. DOE, 
     has interpreted the Nuclear Waste Policy Act of 1982 to 
     require the Department of Energy to start disposing of the 
     utilities' spent nuclear fuel no later than January 31, 1998;
       ``(3) the Department of Energy cannot begin to receive and 
     transport significant amounts of spent nuclear fuel by 
     January 31, 1998, because of delays arising out of causes 
     beyond the control and without the fault or negligence of the 
     Department of Energy, including the following acts of 
     Government in its sovereign capacity--
       ``(A) the failure of Congress to appropriate funds 
     requested by the Department in order to proceed expeditiously 
     with--
       ``(i) the characterization and development of the Yucca 
     Mountain site, and
       ``(ii) the design and development of associated systems 
     required to transport spent nuclear fuel;
       ``(B) the enactment by Congress, since 1982, of additional 
     environmental statutes affecting the process of designing and 
     licensing the repository;
       ``(C) the failure of the Environmental Protection Agency to 
     meet statutory deadlines in section 801 of the Energy Policy 
     Act of 1992 for the promulgation of radiation standards for 
     the Yucca Mountain site; and
       ``(D) delays on the part of the State of Nevada in issuing 
     permits necessary for the Department to initiate exploratory 
     activities at the Yucca Mountain site;
       ``(4) the enactment of this Act is intended by the Congress 
     to address the Department's inability to meet the January 31, 
     1998, deadline and to provide an adequate remedy to contract 
     holders by ensuring that the Department meets its obligations 
     under the contracts in paragraph (1) at the earliest 
     practicable time, consistent with the requirements of the 
     National Environmental Policy Act (42 U.S.C. 4321 et seq.) 
     and applicable Commission regulations; and
       ``(5) in any action alleging failure by the Department to 
     perform its obligation to start disposing of spent nuclear 
     fuel by January 31, 1998, under a contract based on the 
     standard contract in subpart B of part 961 of title 10, Code 
     of Federal Regulations, the court should take due account of 
     article IX(A) of such standard contract.''.

                     DOMENICI AMENDMENTS NOS. 34-35

  (Ordered to lie on the table.)
  Mr. DOMENICI submitted two amendments intended to be proposed by him 
to amendment No. 26 proposed by Mr. Murkowski to the bill, S. 104, 
supra; as follows:

                            Amendment No. 34

       In the pending amendment, on page 54 line 10 after the 
     period insert the following:
       ``Notwithstanding the language of section 802(d) of title 5 
     of the United States Code, no points of order under the 
     Congressional Budget and Impoundment Control Act of 1974 or 
     any Concurrent Resolution on the Budget shall be considered 
     to be waived during the consideration of a joint resolution 
     under subparagraph (A).''

                            Amendment No. 35

       In the pending amendment, beginning on page 49 line 11 
     strike all through page 53 line 11 and insert the following:
       ``(2) Nuclear waste offsetting collection.--
       ``(A) For electricity generated by civilian nuclear power 
     reactors and sold during an offsetting collection period, the 
     Secretary shall collect an aggregate amount of fees under 
     this paragraph equal to the annual level of appropriations 
     for expenditures on those activities consistent with 
     subsection (9) for each fiscal year in the offsetting 
     collection period, minus--
       ``the percentage of such appropriation required to be 
     funded by the Federal government pursuant to section 403.
       ``(B) The Secretary shall determine the level of the annual 
     fee for each civilian nuclear power reactor based on the 
     amount of electricity generated and sold.
       ``(C) For purposes of this paragraph, the term `offsetting 
     collection period' means--
       ``(i) the period beginning on October 1, 1999 and ending on 
     September 30, 2003; and
       ``(ii) the period on and after October 1, 2006.
       ``(3) Nuclear waste mandatory fee.--
       ``(A) Except as provided in subparagraph (C) of this 
     paragraph, for electricity generated by civilian nuclear 
     power reactors and sold on or after January 7, 1983, the fee 
     paid to the Secretary under this paragraph shall be equal 
     to--
       ``(i) 1.0 mill per kilowatt-hour generated and sold, minus
       ``(ii) the amount per kilowatt-hour generated and sold paid 
     under paragraph (2);
       ``Provided, that if the amount under clause (ii) is greater 
     than the amount under clause (i) the fee under this paragraph 
     shall be equal to zero.
       ``(B) No later than 30 days after the beginning of each 
     fiscal year, the Secretary shall determine whether 
     insufficient or excess revenues are being collected under 
     this subsection, in order to recover the costs incurred by 
     the Federal government that are specified in subsection 
     (c)(2). In making this determination the Secretary shall--
       ``(i) rely on the `Analysis of the Total System Life Cycle 
     Cost of the Civilian Radioactive Waste Management Program,' 
     dated September 1995, or on a total system life-cycle cost 
     analysis published by the Secretary (after notice and 
     opportunity for public comment) after the date of enactment 
     of the Nuclear Waste Policy Act of 1997, in making any 
     estimate of the costs to be incurred by the government under 
     subsection (c)(2);
       ``(ii) rely on projections from the Energy Information 
     Administration, consistent with the projects contained in the 
     reference case in the most recent `Annual Energy Outlook' 
     published by such Administration, in making any estimate of 
     future nuclear power generation; and
       ``(iii) take into account projected balances in, and 
     expenditures from, the Nuclear Waste Fund.
       ``(C) If the Secretary determines under subparagraph (B) 
     that either insufficient or excess revenues are being 
     collected, the Secretary shall, at the time of the 
     determination, transmit to Congress a proposal to adjust the 
     amount in subparagraph (A)(i) to ensure full cost recovery. 
     The amount in subparagraph (A)(i) shall be adjusted, by 
     operation of law, immediately upon enactment of a joint 
     resolution of approval under paragraph (5) of this 
     subsection.
       ``(D) The Secretary shall, by rule, establish procedures 
     necessary to implement this paragraph.
       ``(4) One-time fee.--For spent nuclear fuel or solidified 
     high-level radioactive waste derived from spent nuclear fuel, 
     which fuel was used to generate electricity in a civilian 
     nuclear power reactor prior to January 7, 1983, the fee shall 
     be in an amount equivalent to an average charge of 1.0 mill 
     per kilowatt-hour for electricity generated by such spent 
     nuclear fuel, or such solidified high-level waste derived 
     therefrom. Payment of such one-time fee prior to the date of 
     enactment of the Nuclear Waste Policy Act of 1997 shall 
     satisfy the obligation imposed under this paragraph. Any one-
     time fee paid and collected subsequent to the date of 
     enactment of the Nuclear Waste Policy Act of 1997 pursuant to 
     the contracts, including any interest due pursuant to the 
     contracts, shall be paid to the Nuclear Waste Fund no later 
     than September 30, 2002. The Commission shall suspend the 
     license of any licensee who fails or refuses to pay the full 
     amount of the fees assessed under this subsection, on or 
     before the date on which such fees are due, and

[[Page S3061]]

     the license shall remain suspended until the full amount of 
     the fees assessed under this subsection is paid. The person 
     paying the fee under this paragraph to the Secretary shall 
     have no further financial obligation to the Federal 
     Government for the long-term storage and permanent disposal 
     of spent fuel or high-level radioactive waste derived from 
     spent nuclear fuel used to generate electricity in a civilian 
     power reactor prior to January 7, 1983.
       ``(4) Expenditures if shortfall.--If, during any fiscal 
     year on or after October 1, 1997, the aggregate amount of 
     fees assessed under this subsection is less than the annual 
     level of appropriations for expenditures on those activities 
     specified in subsection (d) for that fiscal year, minus--
       The percentage of such appropriations required to be funded 
     by the Federal Government pursuant to section 403--
       The Secretary may make expenditures from the Nuclear Waste 
     Fund up to the level equal to the difference between the 
     amount appropriated and the amount of fees assessed under 
     this subsection.
                                 ______
                                 

                       MURKOWSKI AMENDMENT NO. 36

  Mr. MURKOWSKI proposed an amendment to amendment No. 26 proposed by 
him to the bill, S. 104, supra; as follows:

       Beginning on page 49, strike line 11 and all that follows 
     through line 21 on page 52 and insert the following:
       ``(2) Nuclear waste offsetting collection.--
       ``(A) For electricity generated by civilian nuclear power 
     reactors and sold during an offsetting collection period, the 
     Secretary shall collect an aggregate amount of fees under 
     this paragraph equal to the annual level of appropriations 
     for expenditures on those activities consistent with 
     subsection (d) for each fiscal year in the offsetting 
     collection period, minus--
       ``(i) any unobligated balance collected pursuant to this 
     paragraph during the previous fiscal year; and
       ``(ii) the percentage of such appropriation required to be 
     funded by the Federal government pursuant to section 403.
       ``(B) The Secretary shall determine the level of the annual 
     fee for each civilian nuclear power reactor based on the 
     amount of electricity generated and sold.
       ``(C) For purposes of this paragraph, the term `offsetting 
     collection period' means--
       ``(i) the period beginning on October 1, 1998 and ending on 
     September 30, 2001; and
       ``(ii) the period on and after October 1, 2006.
       ``(3) Nuclear waste mandatory fee.--
       ``(A) Except as provided in subparagraph (C) of this 
     paragraph, for electricity generated by civilian nuclear 
     power reactors and sold on or after January 7, 1983, the fee 
     paid to the Secretary under this paragraph shall be equal 
     to--
       ``(i) 1.0 mill per kilowatt-hour generated and sold, minus
       ``(ii) the amount per kilowatt-hour generated and sold paid 
     under paragraph (2);

     ``Provided, that if the amount under clause (ii) is greater 
     than the amount under clause (i) the fee under this paragraph 
     shall be equal to zero.
       ``(B) No later than 30 days after the beginning of each 
     fiscal year, the Secretary shall determine whether 
     insufficient or excess revenues are being collected under 
     this subsection, in order to recover the costs incurred by 
     the Federal government that are specified in subsection 
     (c)(2). In making this determination the Secretary shall--
       ``(i) rely on the `Analysis of the Total System Life Cycle 
     Cost of the Civilian Radioactive Waste Management Program,' 
     dated September 1995, or on a total system life-cycle cost 
     analysis published by the Secretary (after notice and 
     opportunity for public comment) after the date of enactment 
     of the Nuclear Waste Policy Act of 1997, in making any 
     estimate of the costs to be incurred by the government under 
     subsection (c)(2);
       ``(ii) rely on projections from the Energy Information 
     Administration, consistent with the projections contained in 
     the reference case in the most recent `Annual Energy Outlook' 
     published by such Administration, in making any estimate of 
     future nuclear power generation; and
       ``(iii) take into account projected balances in, and 
     expenditures from, the Nuclear Waste Fund.
       ``(C) If the Secretary determines under subparagraph (B) 
     that either insufficient or excess revenues are being 
     collected, the Secretary shall, at the time of the 
     determination, transmit to Congress a proposal to adjust the 
     amount in subparagraph (A)(i) to ensure full cost recovery. 
     The amount in subparagraph (A)(i) shall be adjusted, by 
     operation of law, immediately upon enactment of a joint 
     resolution of approval under paragraph (5) of this 
     subsection.
       ``(D) The secretary shall, by rule, establish procedures 
     necessary to implement this paragraph.
       ``(4) One-time fee.--For spent nuclear fuel or solidified 
     high-level radioactive waste derived from spent nuclear fuel, 
     which fuel was used to generate electricity in a civilian 
     nuclear power reactor prior to January 7, 1983, the fee shall 
     be in an amount equivalent to an average charge of 1.0 mill 
     per kilowatt-hour for electricity generated by such spent 
     nuclear fuel, or such solidified high-level waste derived 
     therefrom. Payment of such one-time fee prior to the date of 
     enactment of the Nuclear Waste Policy Act of 1997 shall 
     satisfy the obligation imposed under this paragraph. Any one-
     time fee paid and collected subsequent to the date of 
     enactment of the Nuclear Waste Policy Act of 1997 pursuant to 
     the contracts, including any interest due pursuant to the 
     contracts, shall be paid to the Nuclear Waste Fund no later 
     than September 30, 2001. The Commission shall suspend the 
     license of any licensee who fails or refuses to pay the full 
     amount of the fees assessed under this subsection, on or 
     before the date on which such fees are due, and the license 
     shall remain suspended until the full amount of the fees 
     assessed under this subsection is paid. The person paying the 
     fee under this paragraph to the Secretary shall have no 
     further financial obligation to the Federal Government for 
     the long-term storage and permanent disposal of spent fuel or 
     high-level radioactive waste derived from spent nuclear fuel 
     used to generate electricity in a civilian power reactor 
     prior to January 7, 1983.''
                                 ______
                                 

                 FRIST (AND THOMPSON) AMENDMENT NO. 37

  Mr. THOMPSON (for Mr. Frist, for himself and Mr. Thompson) proposed 
an amendment to amendment No. 26 proposed by Mr. Murkowski to the bill, 
S. 104, supra; as follows:

       On page 28, line 16, after ``Washington'' insert ``or the 
     Oak Ridge Reservation in the State of Tennessee''.
                                 ______
                                 

                     DOMENICI AMENDMENTS NOS. 38-39

  (Ordered to lie on the table.)
  Mr. DOMENICI submitted two amendments intended to be proposed by him 
to the amendment No. 26 proposed by Mr. Murkowski to the bill, S. 104, 
supra; as follows:

                            Amendment No. 38

       At the appropriate place insert the following:
       ``Notwithstanding any other provision of this act, no 
     points of order, which require 60 votes in order to adopt a 
     motion to waive such point of order, shall be considered to 
     be waived during the consideration of a joint resolution 
     under section 401 of this Act.''
                                                                    ____


                            Amendment No. 39

       In the pending amendment No. 26, beginning on page 49 line 
     11 strike all through page 53 line 11 and insert the 
     following:
       ``(2) Nuclear waste offsetting collection.--
       ``(A) For electricity generated by civilian nuclear power 
     reactors and sold during an offsetting collection period, the 
     Secretary shall collect an aggregate amount of fees under 
     this paragraph equal to the annual level of appropriations 
     for expenditures on those activities consistent with 
     subsection (d) for each fiscal year in the offsetting 
     collection period, minus--
       the percentage of such appropriation required to be funded 
     by the Federal government pursuant to section 403.
       ``(B) The Secretary shall determine the level of the annual 
     fee for each civilian nuclear power reactor based on the 
     amount of electricity generated and sold.
       ``(C) For purposes of this paragraph, the term `offsetting 
     collection period' means--
       ``(i) the period beginning on October 1, 1998 and ending on 
     September 30, 2001; and
       ``(ii) the period on and after October 1, 2006.
       ``(3) Nuclear waste mandatory fee.--
       ``(A) Except as provided in subparagraph (C) of this 
     paragraph, for electricity generated by civilian nuclear 
     power reactors and sold on or after January 7, 1983, the fee 
     paid to the Secretary under this paragraph shall be equal 
     to--
       ``(i) 1.0 mill per kilowatt-hour generated and sold, minus
       ``(ii) the amount per kilowatt-hour generated and sold paid 
     under paragraph (2);

     ``Provided, that if the amount under clause (ii) is greater 
     than the amount under clause (i) the fee under this paragraph 
     shall be equal to zero.
       ``(B) No later than 30 days after the beginning of each 
     fiscal year, the Secretary shall determine whether 
     insufficient or excess revenues are being collected under 
     this subsection, in order to recover the costs incurred by 
     the Federal government that are specified in subsection 
     (c)(2). In making this determination the Secretary shall--
       ``(i) rely on the `Analysis of the Total System Life Cycle 
     Cost of the Civilian Radioactive Waste Management Program,' 
     dated September 1995, or on a total system life-cycle cost 
     analysis published by the Secretary (after notice and 
     opportunity for public comment) after the date of enactment 
     of the Nuclear Waste Policy Act of 1997, in making any 
     estimate of the costs to be incurred by the government under 
     subsection (c)(2);
       ``(ii) rely on projections from the Energy Information 
     Administration, consistent with the projections contained in 
     the reference case in the most recent `Annual Energy Outlook' 
     published by such Administration, in making any estimate of 
     future nuclear power generation; and
       ``(iii) take into account projected balances in, and 
     expenditures from, the Nuclear Waste Fund.

[[Page S3062]]

       ``(C) If the Secretary determines under subparagraph (B) 
     that either insufficient or excess revenues are being 
     collected, the Secretary shall, at the time of the 
     determination, transmit to Congress a proposal to adjust the 
     amount in subparagraph (A)(i) to ensure full cost recovery. 
     The amount in subparagraph (A)(i) shall be adjusted, by 
     operation of law, immediately upon enactment of a joint 
     resolution of approval under paragraph (5) of this 
     subsection.
       ``(D) The Secretary shall, by rule, establish procedures 
     necessary to implement this paragraph.
       ``(4) One-time fee.--For spent nuclear fuel or solidified 
     high-level radioactive waste derived from spent nuclear fuel, 
     which fuel was used to generate electricity in a civilian 
     nuclear power reactor prior to January 7, 1983, the fee shall 
     be in an amount equivalent to an average charge of 1.0 mill 
     per kilowatt-hour for electricity generated by such spent 
     nuclear fuel, or such solidified high-level waste derived 
     therefrom. Payment of such one-time fee prior to the date of 
     enactment of the Nuclear Waste Policy Act of 1997 shall 
     satisfy the obligation imposed under this paragraph. Any one-
     time fee paid and collected subsequent to the date of 
     enactment of the Nuclear Waste Policy Act of 1997 pursuant to 
     the contracts, including any interest due pursuant to the 
     contracts, shall be paid to the Nuclear Waste Fund no later 
     than September 30, 2001. The Commission shall suspend the 
     license of any licensee who fails or refuses to pay the full 
     amount of the fees assessed under this subsection, on or 
     before the date on which such fees are due, and the license 
     shall remain suspended until the full amount of the fees 
     assessed under this subsection is paid. The person paying the 
     fee under this paragraph to the Secretary shall have no 
     further financial obligation to the Federal Government for 
     the long-term storage and permanent disposal of spent fuel or 
     high-level radioactive waste derived from spent nuclear fuel 
     used to generate electricity in a civilian power reactor 
     prior to January 7, 1983.
       ``(4) Expenditures if shortfall.--If, during any fiscal 
     year on or after October 1, 1997, the aggregate amount of 
     fees assessed under this subsection is less than the annual 
     level of appropriations for expenditures on those activities 
     specified in subsection (d) for that fiscal year, minus the 
     percentage of such appropriations required to be funded by 
     the Federal Government pursuant to section 403, the Secretary 
     may make expenditures from the Nuclear Waste Fund up to the 
     level equal to the difference between the amount appropriated 
     and the amount of fees assessed under this subsection.
                                 ______
                                 

                       DOMENICI AMENDMENT NO. 40

  Mr. DOMENICI proposed an amendment to amendment No. 26 proposed by 
Mr. Murkowski to the bill, S. 104, supra; as follows:

       In the pending amendment, beginning on page 49 line 11 
     strike all through page 53 line 11 and insert the following:
       ``(2) Nuclear waste offsetting collection.--
       ``(A) For electricity generated by civilian nuclear power 
     reactors and sold during an offsetting collection period, the 
     Secretary shall collect an aggregate amount of fees under 
     this paragraph equal to the annual level of appropriations 
     for expenditures on those activities consistent with 
     subsection (d) for each fiscal year in the offsetting 
     collection period, minus the percentage of such appropriation 
     required to be funded by the Federal government pursuant to 
     section 403.
       ``(B) The Secretary shall determine the level of the annual 
     fee for each civilian nuclear power reactor based on the 
     amount of electricity generated and sold.
       ``(C) For purposes of this paragraph, the term `offsetting 
     collection period' means--
       ``(i) the period beginning on October 1, 1998 and ending on 
     September 30, 2001; and
       ``(ii) the period on and after October 1, 2006.
       ``(3) Nuclear waste mandatory fee.--
       ``(A) Except as provided in subparagraph (C) of this 
     paragraph, for electricity generated by civilian nuclear 
     power reactors and sold on or after January 7, 1983, the fee 
     paid to the Secretary under this paragraph shall be equal 
     to--
       ``(i) 1.0 mill per kilowatt-hour generated sold, minus
       ``(ii) the amount per kilowatt-hour generated and sold paid 
     under paragraph (2);

     ``Provided, that if the amount under clause (ii) is greater 
     than the amount under clause (i) the fee under this paragraph 
     shall be equal to zero.
       ``(B) No later than 30 days after the beginning of each 
     fiscal year, the Secretary shall determine whether 
     insufficient or excess revenues are being collected under 
     this subsection, in order to recover the costs incurred by 
     the Federal government that are specified in subsection 
     (c)(2). In making this determination the Secretary shall--
       ``(i) rely on the `Analysis of the Total System Life Cost 
     of the Civilian Radioactive Waste Management Program,' dated 
     September 1995, or on a total system life-cycle cost analysis 
     published by the Secretary (after notice and opportunity for 
     public comment) after the date of enactment of the Nuclear 
     Waste Policy Act of 1997, in making any estimate of the costs 
     to be incurred by the government under subsection (c)(2);
       ``(ii) rely on projections from the Energy Information 
     Administration, consistent with the projections contained in 
     the reference case in the most recent `Annual Energy Outlook' 
     published by such Administration, in making any estimate of 
     future nuclear power generation; and
       ``(iii) take into account projected balances in, and 
     expenditures from, the Nuclear Waste Fund.
       ``(C) If the Secretary determines under subparagraph (B) 
     that either insufficient or excess revenues are being 
     collected, the Secretary shall, at the time of the 
     determination, transmit to Congress a proposal to adjust the 
     amount in subparagraph (A)(i) to ensure full cost recovery. 
     The amount in subparagraph (A)(i) shall be adjusted, by 
     operation of law, immediately upon enactment of a joint 
     resolution of approval under paragraph (5) of this 
     subsection.
       ``(D) The Secretary shall, by rule, establish procedures 
     necessary to implement this paragraph.
       ``(4) One-time fee.--For spent nuclear fuel or solidified 
     high-level radioactive waste derived from spent nuclear fuel, 
     which fuel was used to generate electricity in a civilian 
     nuclear power reactor prior to January 7, 1983, the fee shall 
     be in an amount equivalent to an average charge of 1.0 mill 
     per kilowatt-hour for electricity generated by such spent 
     nuclear fuel, or such solidified high-level waste derived 
     therefrom. Payment of such one-time fee prior to the date of 
     enactment of the Nuclear Waste Policy Act of 1997 shall 
     satisfy the obligation imposed under this paragraph. Any one-
     time fee paid and collected subsequent to the date of the 
     Nuclear Waste Policy Act of 1997 pursuant to the contracts, 
     including any interest due pursuant to the contracts, shall 
     be paid to the Nuclear Waste Fund no later than September 30, 
     2001. The Commission shall suspend the license of any 
     licensee who fails or refuses to pay the full amount of the 
     fees assessed under this subsection, on or before the date on 
     which such fees are due, and the license shall remain 
     suspended until the fund amount of the fees assessed under 
     this subsection is paid. The person paying the fee under this 
     paragraph to the Secretary shall have no further financial 
     obligation to the Federal Government for the long-term 
     storage and permanent disposal of spent fuel or high-level 
     radioactive waste derived from spent nuclear fuel used to 
     generate electricity in a civilian power reactor prior to 
     January 7, 1983.
       ``(4) Expenditures if shortfall.--If, during fiscal year on 
     or after October 1, 1997, the aggregate amount of fees 
     assessed under this subsection is less than the annual level 
     of appropriations for expenditures on those activities 
     specified in subsection (d) for that fiscal year, minus--the 
     percentage of such appropriations required to be funded by 
     the Federal Government pursuant to section 403--the Secretary 
     may make expenditures from the Nuclear Waste Fund up to the 
     level equal to the difference between the amount appropriated 
     and the amount of fees assessed under this subsection.
                                 ______
                                 

                       BINGAMAN AMENDMENT NO. 41

  Mr. BINGAMAN proposed an amendment to amendment No. 26 proposed by 
Mr. Murkowski to the bill, S. 104, supra; as follows:

       On page 28, strike the second sentence of section 
     204(c)(2).
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                        DOMENCI AMENDMENT NO. 42

  Mr. LOTT (for Mr. Domenici) proposed an amendment to amendment No. 26 
proposed by Mr. Murkowski to the bill, S. 104, supra; as follows:

       At the appropriate place insert the following
     ``Notwithstanding any other provision of this act, no points 
     of order, which require 60 votes in order to adopt a motion 
     to waive such point of order, shall be considered to be 
     waived during the consideration of a joint resolution under 
     section 401 of this Act.''
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                       MURKOWSKI AMENDMENT NO. 43

  Mr. LOTT (for Mr. Murkowski) proposed an amendment to amendment No. 
26 proposed by Mr. Murkowski to the bill, S. 104, supra; as follows:

       In the pending amendment, on page 1, insert at the end the 
     following:
       ``Notwithstanding any other provision of this act, except 
     as provided in paragraph (3)(c), the level of annual fee for 
     each civilian nuclear power reactor shall not exceed 1.0 mill 
     per kilowatt-hour of electricity generated and sold.''.''

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