[Congressional Record Volume 147, Number 29 (Wednesday, March 7, 2001)]
[Senate]
[Pages S1973-S1984]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DOMENICI (for himself, Mrs. Lincoln, Mr. Murkowski, Ms.
Landrieu, Mr. Craig, Mr. Kyl, Mr. Crapo, Mr. Graham, Mr.
Thompson, Mr. Voinovich, Mr. Hagel, and Mr. Inhofe):
S. 472. A bill to ensure that nuclear energy continues to contribute
to the supply of electricity in the United States; to the Committee on
Energy and Natural Resources.
Mr. DOMENICI. Mr. President, I joined with Senator Murkowski last
week when he introduced the National Energy Strategy Act. His Bill
addresses the broad range of issues that must underpin a credible
approach to our nation's energy needs. It had key provisions for each
major source of energy, including nuclear energy.
I rise today to introduce the Nuclear Energy Electricity Assurance
Act of 2001, which expands and builds on the National Energy Strategy
in the specific area of nuclear energy. It provides a comprehensive
framework for insuring that nuclear energy remains a strong option to
meet our future needs. It accomplishes for nuclear energy what Senator
Byrd's National Electricity and Environmental Technology Act does for
clean coal technologies, which I also support.
There is no single ``silver bullet'' that will address our nation's
thirst for clean, reliable, reasonably priced, energy sources. That's
why the National Energy Strategy Act carefully reinforced the
importance of many energy options. Energy is far too important to our
economic and military strength to rely on any small subset of the
available options.
Both nuclear energy and coal are now major producers of our
electricity. In fact, between them they provide over 70 percent. In
both cases, their continued use presents significant risks They
illustrate a fundamental point, that absolutely every source of energy
presents both benefits and risks. It's our responsibility to ensure
that citizens are presented with accurate information on benefits and
risks, information that is free from any political biases. And where
risk areas are noted, it's our responsibility to devise programs that
mitigate or avoid the risks. Senator Byrd's bill does this for coal
technology, my bill does this for nuclear energy.
Nuclear energy now provides about 22 percent of our electricity from
103 nuclear reactors. The operating costs of nuclear energy are among
the lowest of any source. The Utility Data Institute recently reported
production costs for nuclear at 1.83 cents per kw-hr, with coal at 2.08
cents per kw-hr.
Through careful optimization of operating efficiencies, the output of
nuclear plants has risen dramatically since the 1980's; nuclear plants
operated with an amazing 87 percent capacity factor in 2000. Since
1990, with no new nuclear plants, the output of our plants has still
increased by over 20 percent. That's equivalent to gaining the output
of about 20 new nuclear plants without building any.
Safety has been a vital focus, as evidenced by a constant decrease in
the number of emergency shutdowns, or ``scrams,'' in our domestic
plants. In 1985, there were 2.4 scrams per reactor, last year there
were just 0.03. While some use the Three Mile Island accident to
highlight their concerns the fact remains that our safety systems
worked at Three Mile Island and no members of the public were harmed.
Another example of the exemplary safety of nuclear reactors, when
properly designed and managed, lies with our nuclear navy. They now
operate about 90 nuclear powered ships, and over the years, they've
operated about 250 reactors in all. In that time, they've accumulated
5,400 reactor-years of operation, over twice the number of reactor-
years in our civilian sector. In all that time, they have never had a
significant incident with their reactors. They are welcomed into over
150 major foreign ports in over 50 countries.
Interest in our nuclear plants is increasing along with dramatically
increased confidence in their ability to contribute to our energy
needs. Interest in re-licensing plants, to extend their lifetime beyond
the originally planned 40 years, has greatly expanded. The NRC has now
approved re-licensing for 5 reactors, and over 30 other reactors have
begun the renewal process. Industry experts now expect virtually all
operating plants to apply for license extension.
Nuclear energy is essentially emission free. We avoided the emission
of 167 million tons of carbon last year or more than 2 billion tons
since the 1970's. In 1999, nuclear power plants provided about half of
the total carbon reductions achieved by U.S. industry under the federal
voluntary reporting program. The inescapable fact is that nuclear
energy is making an immense contribution to the environmental health of
our nation.
But unfortunately, when it comes to nuclear energy, we're living on
our past global leadership. Most of the technologies that drive the
world's nuclear energy systems originated here. Much of our early
leadership derived from our requirements for a nuclear navy; that work
enabled many of the civilian aspects of nuclear power.
Our reactor designs are found around the world. The reprocessing
technology used in some countries originated here. The fuel designs in
use around the world largely were developed here. This nation provided
the global leadership to start the age of nuclear energy.
Now, our leadership is seriously at risk. No nuclear plant has been
ordered in the United States in over 20 years. To some extent, this was
driven by decreases in energy demand following the early oil price
shocks and from public fears about Three Mile Island and Chernobyl. But
we also have allowed complex environmental reviews and regulatory
stalemates to extend approval and construction times and to seriously
undercut prospects for any additional plants.
As a nation, we cannot afford to lose the nuclear energy option until
we are ready to specify with confidence how we are going to replace 22
percent of our electricity with some other source offering comparable
safety, reliability, low cost, and environmental attributes. We risk
our nation's future prosperity if we lose the nuclear option through
inaction. Instead, we need concrete action to secure the nuclear option
for future generations. We must not subject the nation to the risk of
inadequate energy supplies.
My bill is squarely aimed at avoiding this risk. I appreciate that my
co-sponsors: Senators Lincoln, Murkowski, Landrieu, Craig, Graham, Kyl,
Crapo, Thompson, Voinovich and Hagel share these concerns and support
this bill to address them.
There are five broad aspects of this bill. First, it initiates
programs to ensure that the operations of our current nuclear plants
remain adequately supported. It authorizes expanded research and
educational programs to ensure that we have a qualified workforce
supporting nuclear issues. It sets up incentives for companies to
increase the efficiency of existing plants. And it
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assures that the industries supporting our domestic nuclear fuel
supplies remain viable.
Second, it encourages construction of new plants, especially
Generation IV plants. Technology to build these plants is close at
hand. This bill not only supports research and development on these
plants, it also supports development of the regulatory framework within
the NRC that must be in place before they can be licensed.
Generation IV plants would
be cost competitive with natural gas, have significantly
improved safety features with the goal of passive safety
systems that would be immune to human errors, have reduced
generation of spent fuel and nuclear waste, and have improved
resistance to any possible proliferation.
In the U.S., Exelon Corporation has invested in design of a plant in
South Africa that has many of these attributes.
Third, this bill has provisions to secure a level playing field for
evaluation of nuclear energy relative to other energy sources. It seeks
to avoid any scientifically inaccurate stigmas that have been placed on
nuclear energy.
Fourth, this bill seeks to create improved solutions for managing
nuclear waste. Our current national policy simply requires that we find
a permanent repository for spent fuel. But spent fuel has immense
residual energy. Our present plan simply assumes that future
generations will be so energy-rich that they would have no interest in
this major energy source.
I'm not at all sure that view serves our nation and those future
generations very well. I've favored study of alternative strategies for
spent fuel. As a minimum we should be doing research now to enable
future generations to decide if spent fuel should still be treated as
waste, or if it should be treated as a precious energy resource.
Advanced technologies for recycling spent fuel and regaining some of
its energy value would also allow us to consider approaches to render
the final waste form far less toxic then spent fuel. These approaches
require transmutation of the long-lived radioactive species into either
short-lived or stable species. This bill includes funding for a
research project, based on modern accelerators, to study the economics
and engineering aspects of transmutation. There is substantial interest
in other countries in joining us in collaborative study of this option.
This accelerator project, almost as an added bonus, can also provide
a backup source of the tritium required to maintain our nuclear
stockpile. The bill provides for this application. The accelerator
program, called Advanced Accelerator Applications or AAA, would also
produce radioisotopes for medical purposes and would provide a great
test bed for study of many nuclear engineering questions.
Before leaving the part of the bill dealing with spent fuel, let me
emphasize how very compact these wastes are already and how much more
compact they could be. For example, all the spent fuel rods from the
last 40 years of our nation's nuclear energy production would only fill
one football field to a depth of around 4 yards.
If we had encouraged reprocessing of spent fuel in this country, we
would have dramatically less high level waste. In France, they
reprocess spent fuel, both to reuse some of the residual energy and to
extract some of the more inert components. Through their efforts, a
container, smaller than two rolls of film, represents the final high
level waste for a French family of four for twenty years.
And finally, the fifth and last part of this bill provides
streamlining for a number of Nuclear Regulatory Commission procedures
and outdated statutory restrictions.
For example, in a global energy market it makes sense to allow
foreign ownership of power and research reactors located in the United
States. At the same time, this amendment to the 1954 Atomic Energy Act
retains U.S. security precautions in the original law.
Another amendment eliminates time-consuming and unnecessary antitrust
review requirements. This section of the bill would also simplify the
hearing requirements in a proceeding involving an amendment to an
existing operating license or the transfer of an existing license.
Further, another provision gives the NRC the authority to establish
requirements to ensure that non-licensees fully comply with their
obligations to fund nuclear plant decommissioning.
These and other changes to the 1954 Act will assist the NRC in its
pursuit of more effective and responsive regulation of our domestic
nuclear plants. These changes to the Atomic Energy Act have the support
of the leadership of the NRC Chairman.
Mr. President, this bill enables nuclear energy to continue to be
treated as a viable option for our nation's electricity needs. It would
help ensure that future generations continue to enjoy clean, safe,
reliable electricity and the many benefits that this energy source will
provide.
Mr. President, I am privileged to take a little bit of the Senate's
time to talk about something I think is very important. I have been
working on this for a long time, but it just wasn't opportune to bring
it up and give serious consideration to this issue. With the energy
crisis in the United States, people are going to be able to understand
that we truly have a shortage in the capacity to produce electricity,
which takes care of our homes, feeds our industry, and provides a
substantial portion of America's economic prosperity and growth.
So today I am going to talk about a bill I am introducing, with
bipartisan support, which essentially tries to bring back to a level
playing field for consideration nuclear energy and new nuclear
powerplants.
This bill I am introducing is on my behalf and also for Senators
Lincoln, Graham, Thompson, Voinovich, Hagel, Murkowski, Landrieu,
Craig, Kyl, and Crapo, I believe I will have another 10 to 12
cosponsors soon, all of whom see the importance of the United States of
America making sure we are taking care of all energy, looking out for
and moving in the direction of every energy source we have that is safe
and at the right level of risk, and that we proceed to develop those
for America's future.
One of those that can't be left out, in my opinion, is the entire
field of nuclear energy and what is needed to bring America back to a
leading role in the world in terms of nuclear power and future
generations of nuclear powerplants.
As a precursor to a few remarks, I want to indicate to the Senate,
and those interested, that every American ought to be concerned about
the fact that America doesn't have enough energy being produced to keep
ourselves going at our current rate, much less at the natural growth
rate that everybody expects.
My first little exhibit here is a very interesting evaluation and
analysis of America's current sources of electricity at the end of
1999. (We don't have a more current one, but it hasn't changed much.)
Everybody should know that in the United States coal-burning
powerplants produce 51.4 percent of our electricity. Somehow or
another, even though coal provides 51 percent, we aren't building very
many coal powerplants because we have not moved fast enough with new
technology, and there are many who don't want to build any more coal-
burning plants, even if we can get their pollution down to a safe and
nonrisky rate.
Then if we look at the next big source of electricity, it is nuclear
energy, 19.8 percent. Might I say that while this power crisis has come
about, the nuclear powerplants in the United States have been producing
at a higher rate. They have produced far more electricity without
adding any new plants because the regulatory schemes have become
reasonable instead of unreasonable and generating capacity has risen.
Capacity used to be 70 percent; it is now up to 90. Incidentally, if we
had time, we would show you that even during that period of time, the
safety record has become better rather than worse. We have a very
interesting chart that would show that.
Let's move on. Natural gas, which we are now rapidly building,
everywhere I turn and look, people are building a new powerplant with
natural gas. A little bit of electricity comes from oil, 3.1 percent.
And then hydroelectricity is 8.3 percent. Others sources are in yellow
on the chart--and I am telling it like it is. That yellow represents
2.3 percent, solar, wind, biomass, geothermal, and others. Of that
yellow, I believe solar and wind are about a half a percent of the 2.3
percent. So there are those who say we can solve our energy problem
with those items that are
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in yellow here. I say, good luck. Let's proceed as rapidly as we can.
But I have a hunch that to increase those latter sources to a larger
ratio within our energy sources, we will have a long way to go.
We would have to produce these wind fields with windmills on them
beyond anything Americans expect. They expect this should not be the
case if we have another way.
Understand that hydroelectricity is a small amount, but it is pretty
important. Even in the last administration, they were talking about
knocking down some dams so we would have less of this. Actually, that
is pretty risky for America's future.
For those who are wondering where we are in terms of cost, I want to
show them something. This is the electricity production costs. My good
friend occupying the Chair is from Oklahoma. He produces gas and oil in
his State. The best we could do is get information for the end of 1999.
The distinguished Senator and those in attendance know that the natural
gas price has gone up substantially since 1999. I could not bring more
recent cost data because we do not have anything more current.
Since the only thing we want to use is natural gas, we have put an
enormous demand on natural gas while those who supply it are struggling
to keep pace. So the price of natural gas has gone up in a rather
extraordinary manner. I think everybody in this Senate would agree with
that. That is because the market is taking hold of a very small portion
that is free to be traded and those who own it are saying: What will
you pay for it?
That is going up, but even in 1999, here is what it cost Americans.
The green line is nuclear power. We see that it is the lowest. In 1999,
it is beginning to get even lower than coal-burning powerplants. This
next line is oil. One can see it is below natural gas. These are the
numbers: Nuclear, 1.83; coal, 2.07; oil, 3.18; and gas, 3.52 cents per
kilowatt-hour.
Of course, just because energy is more expensive, it does not mean we
should not use it, but I believe the American people over the next 10
to 25 years ought to have a mix so there is a market balance and there
is some competition for these various sources of energy. I believe that
is why so many Senators have joined in this bill.
I want to quickly tell you what it does. It supports nuclear energy,
and it does that in many ways. The Nuclear Energy Research Initiative,
called NERI, which is being funded--we are going to authorize it to
make sure it continues.
Nuclear energy plant optimization is a few million dollars. This
helps certification of these plants for an extended licensure period.
Incidentally, that is happening. We are relicensing them. Those who
are doing that are sure they are safe. I wish I had time. I would show
you relicensing versus closing them down, which some people would like.
This will add an enormous amount of energy over the next 20 to 30
years. I have a chart showing that, but I will not use your time on
that.
We also have nuclear energy education support. America used to be not
only the leading producer of nuclear power, but we were the leader in
all of the science and technology. We moved from the atom bomb to
peaceful uses. The great scientists converted it and made nuclear
powerplants. These plants are getting more and more modern in the
world, yet America is letting our technology and our science sit still.
We want to move that ahead in our universities where more people who
want to choose engineering and science are given an opportunity to get
into the nuclear field because it is important to America's future.
We encourage new plant construction. That will not come overnight,
but it is interesting that while the United States debates an issue of
what we do with the waste that comes out of the nuclear powerplants--
and I am sure the occupant of the chair and most Senators if they study
it carefully will clearly come down on the side that this is not a
difficult problem--people who do not want nuclear power at all make it
a problem. But technically, scientifically, and safetywise, it is not a
problem. It is now a problem because the State of Nevada does not want
it, so they are using every political means. That is their prerogative.
But somehow, somewhere, America will be moving in the direction of
getting that problem solved. We are working on a long-term solution.
Incidentally, in this bill we suggest and create waste solutions. We
create an Office for Spent Nuclear Fuel in the Department. If you have
a Department of Energy for the greatest nation on Earth, you surely
ought to have within it, on its domestic side of achievements and
activities, an office for research on spent nuclear fuel. Which great
country would not have that except us? But we went through 15 years
when we threw almost everything nuclear out of the Department of
Energy, as if it were not an energy source, as if it would go away.
The spirit and energy of coming back and doing something significant
is prompted because the world in the future wants to be free and wants
to have production of wealth. People want to be part of a world in
which the poor countries should get richer over the next 10, 20, 30
years, not poorer, and America wants to be part of that. We all have to
worry about energy supplies.
In South Africa, they are moving ahead with the next generation of a
nuclear powerplant that is going to be completely different from the
powerplants we have today. We are sending a few people there to help
with licensure and regulation, but America should be leading the way.
We should be there with the scientists, engineers, and American
companies moving to the next generation.
There is a next generation. It is not cooled necessarily by water.
There are other ways to cool it. Incidentally, it will have passive
safety features so it cannot melt down. That is the one issue everybody
puts up when they say do not touch nuclear power because they want to
scare us to death--it might have a meltdown. But this new powerplant
cannot do that, as a matter of fundamental design parameters.
In this bill, we are going to create waste solutions. We are looking
at an advanced accelerator, called AAA. We are also looking at advanced
fuel recycling. Ultimately we may have a whole new way to change the
quality of high-level waste through a process called transmutation. The
end product will mostly no longer be high-level waste; they will be
able to dispose of the products from transmutation in a very easy way.
I was talking about waste. I was going to show the Senate a container
we received as a demonstration. This holds the waste from a family of
four in France for 20 years--a family of four, year round for 20 years.
That is the total waste they generate because they have 80 percent
nuclear power. But here we are making nuclear waste the most enormous
problem in the world, and letting it stop our pursuit of the cleanest,
most environmentally friendly source of energy around. If we are
looking at balancing environmental needs with energy, nothing beats
nuclear.
We also encourage new plant construction in this bill. That means
evaluation of options to complete some unfinished powerplants and
Generation Four Reactors. These are the next generation. We are funding
them to try to catch up.
We are also going to assure a level playing field for nuclear power.
By that I mean it has not been entitled to some of the luxuries of
credits in terms of clean air and the like that other forms of energy
have. That is going to change.
Last, we are going to improve the NRC regulations.
I close by saying the United States has 103 nuclear powerplants
producing 20 percent of our energy.
Let me state how safe nuclear power is. First, we have about 90 ships
at sea that have as part of their structure one or two nuclear
powerplants. I want to make sure those who are interested know about
these ships sailing the seas with nuclear powerplants. I am talking
about nuclear powerplants that are just like the nuclear powerplants
that exist in America on this chart. They might be smaller, but they
are the same and produce the same kind of power.
In 1954, we put the first one in the ocean. Today, we have them
sailing everywhere with that reactor and nuclear fuel on board. Yet
they are permitted to dock all around the world except
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New Zealand. Does anybody believe they could dock all over the world if
they were unsafe? There would be an outcry to put them 80 miles out,
but they are right in the docks. They are welcome because they are
absolutely safe. There has never been a nuclear accident since 1954 in
the entire nuclear Navy history.
In the end, one of the issues will be what risks we take. Overall, we
take fewer risks by using nuclear power than by almost any other source
because we produce dramatic environmental consequences on the plus side
with nuclear power.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 472
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
Energy Electricity Supply Assurance Act of 2001''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--SUPPORT FOR CONTINUED USE OF NUCLEAR ENERGY
Subtitle A--Price-Anderson Amendments
Sec. 101. Short title.
Sec. 102. Indemnification authority.
Sec. 103. Maximum assessment.
Sec. 104. Department of Energy liability limit.
Sec. 105. Incidents outside the United States.
Sec. 106. Reports.
Sec. 107. Inflation adjustment.
Sec. 108. Civil penalties.
Sec. 109. Applicability.
Subtitle B--Leadership of the Office of Nuclear Energy, Science, and
Technology and the Office of Science
Sec. 111. Assistant Secretaries.
Subtitle C--Funding of Certain Department of Energy Programs
Sec. 121. Establishment of programs.
Sec. 122. Nuclear energy research initiative.
Sec. 123. Nuclear energy plant optimization program.
Sec. 124. Uprating of nuclear plant operations.
Sec. 125. University programs.
Sec. 126. Prohibition of commercial sales of uranium and conversion
held by the Department of Energy until 2006.
Sec. 127. Cooperative research and development and special
demonstration projects for the uranium mining industry.
Sec. 128. Maintenance of a viable domestic uranium conversion industry.
Sec. 129. Portsmouth gaseous diffusion plant.
Sec. 130. Nuclear generation report.
TITLE II--CONSTRUCTION OF NUCLEAR PLANTS
Sec. 201. Establishment of programs.
Sec. 202. Nuclear plant completion initiative.
Sec. 203. Early site permit demonstration program.
Sec. 204. Nuclear energy technology study for Generation IV Reactors.
Sec. 205. Research supporting regulatory processes for new reactor
technologies and designs.
TITLE III--EVALUATIONS OF NUCLEAR ENERGY
Sec. 301. Environmentally preferable purchasing.
Sec. 302. Emission-free control measures under a State implementation
plan.
Sec. 303. Prohibition of discrimination against emission-free
electricity projects in international development
programs.
TITLE IV--DEVELOPMENT OF NATIONAL SPENT NUCLEAR FUEL STRATEGY
Sec. 401. Findings.
Sec. 402. Office of spent nuclear fuel research.
Sec. 403. Advanced fuel recycling technology development program.
TITLE V--NATIONAL ACCELERATOR SITE
Sec. 501. Findings.
Sec. 502. Definitions.
Sec. 503. Advanced Accelerator Applications Program.
TITLE VI--NUCLEAR REGULATORY COMMISSION REFORM
Sec. 601. Definitions.
Sec. 602. Office location.
Sec. 603. License period.
Sec. 604. Elimination of foreign ownership restrictions.
Sec. 605. Elimination of duplicative antitrust review.
Sec. 606. Gift acceptance authority.
Sec. 607. Authority over former licensees for decommissioning funding.
Sec. 608. Carrying of firearms by licensee employees.
Sec. 609. Cost recovery from Government agencies.
Sec. 610. Hearing procedures.
Sec. 611. Unauthorized introduction of dangerous weapons.
Sec. 612. Sabotage of nuclear facilities or fuel.
Sec. 613. Nuclear decommissioning obligations of nonlicensees.
Sec. 614. Effective date.
SEC. 2. FINDINGS.
Congress finds that--
(1) the standard of living for citizens of the United
States is linked to the availability of reliable, low-cost,
energy supplies;
(2) personal use patterns, manufacturing processes, and
advanced cyber information all fuel increases in the demand
for electricity;
(3) demand-side management, while important, is not likely
to halt the increase in energy demand;
(4)(A) nuclear power is the largest producer of essentially
emission-free electricity;
(B) nuclear energy is one of the few energy sources that
controls all pollutants;
(C) nuclear plants are demonstrating excellent reliability
as the plants produce power at low cost with a superb safety
record; and
(D) the generation costs of nuclear power are not subject
to price fluctuations of fossil fuels because nuclear fuels
can be mined domestically or purchased from reliable trading
partners;
(5) requirements for new highly reliable baseload
generation capacity coupled with increasing environmental
concerns and limited long-term availability of fossil fuels
require that the United States preserve the nuclear energy
option into the future;
(6) to ensure the reliability of electricity supply and
delivery, the United States needs programs to encourage the
extended or more efficient operation of currently existing
nuclear plants and the construction of new nuclear plants;
(7) a qualified workforce is a prerequisite to continued
safe operation of--
(A) nuclear plants;
(B) the nuclear navy;
(C) programs dealing with high-level or low-level waste
from civilian or defense facilities; and
(D) research and medical uses of nuclear technologies;
(8) uncertainty surrounding the costs associated with
regulatory approval for siting, constructing, and operating
nuclear plants confuses the economics for new plant
investments;
(9) to ensure the long-term reliability of supplies of
nuclear fuel, the United States must ensure that the domestic
uranium mining, conversion, and enrichment service industries
remain viable;
(10)(A) technology developed in the United States and
worldwide, broadly labeled as the Generation IV Reactor, is
demonstrating that new designs of nuclear reactors are
feasible;
(B) plants using the new designs would have improved
safety, minimized proliferation risks, reduced spent fuel,
and much lower costs; and
(C)(i) the nuclear facility infrastructure needed to
conduct nuclear energy research and development in the United
States has been allowed to erode over the past decade; and
(ii) that infrastructure must be restored to support
development of Generation IV nuclear energy systems;
(11)(A) to ensure the long-term viability of nuclear power,
the public must be confident that final waste forms resulting
from spent fuel are controlled so as to have negligible
impact on the environment; and
(B) continued research on repositories, and on approaches
to mitigate the toxicity of materials entering any future
repository, would serve that public interest; and
(12)(A) the Nuclear Regulatory Commission must continue its
stewardship of the safety of our nuclear industry;
(B) at the same time, the Commission must streamline
processes wherever possible to provide timely responses to a
wide range of safety, upgrade, and licensing issues;
(C) the Commission should conduct research on new reactor
technologies to support future regulatory decisions; and
(D) a revision of certain Commission procedures would
assist in more timely processing of license applications and
other requests for regulatory action.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(2) Early site permit.--The term ``Early Site Permit''
means a permit for a site to be a future location for a
nuclear plant under subpart A of part 52 of title 10, Code of
Federal Regulations.
(3) Nuclear plant.--The term ``nuclear plant'' means a
nuclear energy facility that generates electricity.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I--SUPPORT FOR CONTINUED USE OF NUCLEAR ENERGY
Subtitle A--Price-Anderson Amendments
SEC. 101. SHORT TITLE.
This subtitle may be cited as the ``Price-Anderson
Amendments Act of 2001''.
SEC. 102. INDEMNIFICATION AUTHORITY.
(a) Indemnification of Nuclear Regulatory Commission
Licensees.--Section 170c. of the Atomic Energy Act of 1954
(42 U.S.C. 2210(c)) is amended--
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(1) in the subsection heading, by striking ``Licenses'' and
inserting ``Licensees''; and
(2) by striking ``August 1, 2002'' each place it appears
and inserting ``August 1, 2012''.
(b) Indemnification of Department of Energy Contractors.--
Section 170d.(1)(A) of the Atomic Energy Act of 1954 (42
U.S.C. 2210(d)(1)(A)) is amended by striking ``, until August
1, 2002,''.
(c) Indemnification of Nonprofit Educational
Institutions.--Section 170k. of the Atomic Energy Act of 1954
(42 U.S.C. 2210(k)) is amended by striking ``August 1, 2002''
each place it appears and inserting ``August 1, 2012''.
SEC. 103. MAXIMUM ASSESSMENT.
Section 170b.(1) of the Atomic Energy Act of 1954 (42
U.S.C. 2210(b)(1)) is amended in the second proviso of the
third sentence by striking ``$10,000,000'' and inserting
``$20,000,000''.
SEC. 104. DEPARTMENT OF ENERGY LIABILITY LIMIT.
(a) Aggregate Liability Limit.--Section 170d. of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(d)) is amended by striking
paragraph (2) and inserting the following:
``(2) Liability limit.--In an agreement of indemnification
entered into under paragraph (1), the Secretary--
``(A) may require the contractor to provide and maintain
the financial protection of such a type and in such amounts
as the Secretary shall determine to be appropriate to cover
public liability arising out of or in connection with the
contractual activity; and
``(B) shall indemnify the persons indemnified against such
claims above the amount of the financial protection required,
in the amount of $10,000,000,000 (subject to adjustment for
inflation under subsection t.), in the aggregate, for all
persons indemnified in connection with the contract and for
each nuclear incident, including such legal costs of the
contractor as are approved by the Secretary.''.
(b) Contract Amendments.--Section 170d. of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(d)) is amended by striking
paragraph (3) and inserting the following:
``(3) Contract amendments.--All agreements of
indemnification under which the Department of Energy (or its
predecessor agencies) may be required to indemnify any
person, shall be deemed to be amended, on the date of
enactment of the Price-Anderson Amendments Act of 2001, to
reflect the amount of indemnity for public liability and any
applicable financial protection required of the contractor
under this subsection on that date.''.
SEC. 105. INCIDENTS OUTSIDE THE UNITED STATES.
(a) Amount of Indemnification.--Section 170d.(5) of the
Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(5)) is amended
by striking ``$100,000,000'' and inserting ``$500,000,000''.
(b) Liability Limit.--Section 170e.(4) of the Atomic Energy
Act of 1954 (42 U.S.C. 2210(e)(4)) is amended by striking
``$100,000,000'' and inserting ``$500,000,000''.
SEC. 106. REPORTS.
Section 170p. of the Atomic Energy Act of 1954 (42 U.S.C.
2210(p)) is amended by striking ``August 1, 1998'' and
inserting ``August 1, 2008''.
SEC. 107. INFLATION ADJUSTMENT.
Section 170t. of the Atomic Energy Act of 1954 (42 U.S.C.
2210(t)) is amended--
(1) by designating paragraph (2) as paragraph (3); and
(2) by adding after paragraph (1) the following:
``(2) Adjustment.--The Secretary shall adjust the amount of
indemnification provided under an agreement of
indemnification under subsection d. not less than once during
each 5-year period following the date of enactment of the
Price-Anderson Amendments Act of 2001, in accordance with the
aggregate percentage change in the Consumer Price Index
since--
``(A) that date of enactment, in the case of the first
adjustment under this subsection; or
``(B) the previous adjustment under this subsection.''.
SEC. 108. CIVIL PENALTIES.
(a) Repeal of Automatic Remission.--Section 234Ab.(2) of
the Atomic Energy Act of 1954 (42 U.S.C. 2282a(b)(2)) is
amended by striking the last sentence.
(b) Limitation for Nonprofit Institutions.--Section 234A of
the Atomic Energy Act of 1954 (42 U.S.C. 2282a) is amended by
striking subsection d. and inserting the following:
``d. Notwithstanding subsection a., no contractor,
subcontractor, or supplier of the Department of Energy that
is an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 that is exempt from taxation
under section 501(a) of the Code shall be subject to a civil
penalty under this section in any fiscal year in excess of
the amount of any performance fee paid by the Secretary
during that fiscal year to the contractor, subcontractor, or
supplier under the contract under which a violation
occurs.''.
SEC. 109. APPLICABILITY.
(a) Indemnification Provisions.--The amendments made by
sections 103, 104, and 105 do not apply to a nuclear incident
that occurs before the date of enactment of this Act.
(b) Civil Penalty Provisions.--The amendments made by
section 108(b) do not apply to a violation that occurs under
a contract entered into before the date of enactment of this
Act.
Subtitle B--Leadership of the Office of Nuclear Energy, Science, and
Technology and the Office of Science
SEC. 111. ASSISTANT SECRETARIES.
(a) In General.--Section 203(a) of the Department of Energy
Organization Act (42 U.S.C. 7133(a)) is amended in the matter
preceding paragraph (1) by striking ``eight'' and inserting
``ten''.
(b) Functions.--On appointment of the 2 additional
Assistant Secretaries of Energy under the amendment made by
subsection (a), the Secretary shall assign--
(1) to one of the Assistant Secretaries, the functions
performed by the Director of the Office of Science as of the
date of enactment of this Act; and
(2) to the other, the functions performed by the Director
of the Office of Nuclear Energy, Science, and Technology as
of that date.
Subtitle C--Funding of Certain Department of Energy Programs
SEC. 121. ESTABLISHMENT OF PROGRAMS.
The Secretary shall establish or continue programs
administered by the Office of Nuclear Energy, Science, and
Technology to--
(1) support the Nuclear Energy Research Initiative, the
Nuclear Energy Plant Optimization Program, and the Nuclear
Energy Technology Program;
(2) encourage investments to increase the electricity
capacity at commercial nuclear plants in existence on the
date of enactment of this Act;
(3) ensure continued viability of a domestic capability for
uranium mining, conversion, and enrichment industries; and
(4) support university nuclear engineering education
research and infrastructure programs, including closely
related specialties such as health physics, actinide
chemistry, and material sciences.
SEC. 122. NUCLEAR ENERGY RESEARCH INITIATIVE.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary, for a Nuclear Energy
Research Initiative to be managed by the Director of the
Office of Nuclear Energy, Science, and Technology for grants
to be competitively awarded and subject to peer review for
research relating to nuclear energy--
(1) $60,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal years 2003
through 2006.
(b) Reports.--The Secretary shall submit to the Committee
on Science and the Committee on Appropriations of the House
of Representatives, and to the Committee on Energy and
Natural Resources and the Committee on Appropriations of the
Senate an annual report on the activities of the Nuclear
Energy Research Initiative.
SEC. 123. NUCLEAR ENERGY PLANT OPTIMIZATION PROGRAM.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for a Nuclear Energy
Plant Optimization Program to be managed by the Director of
the Office of Nuclear Energy, Science, and Technology for a
joint program with industry cost-shared by at least 50
percent and subject to annual review by the Secretary of
Energy's Nuclear Energy Research Advisory Committee--
(1) $15,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal years 2003
through 2006.
(b) Reports.--The Secretary shall submit to the Committee
on Science and the Committee on Appropriations of the House
of Representatives, and to the Committee on Energy and
Natural Resources and the Committee on Appropriations of the
Senate an annual report on the activities of the Nuclear
Energy Plant Optimization Program.
SEC. 124. UPRATING OF NUCLEAR PLANT OPERATIONS.
(a) In General.--The Secretary, to the extent funds are
available, shall reimburse costs incurred by a licensee of a
nuclear plant as provided in this section.
(b) Payment of Commission User Fees.--In carrying out
subsection (a), the Secretary shall reimburse all user fees
incurred by a licensee of a nuclear plant for obtaining the
approval of the Commission to achieve a permanent increase in
the rated electricity capacity of the licensee's nuclear
plant if the licensee achieves the increased capacity before
December 31, 2004.
(c) Preference.--Preference shall be given by the Secretary
to projects in which a single uprating operation can benefit
multiple domestic nuclear power reactors.
(d) Incentive Payments.--
(1) In general.--In addition to payments made under
subsection (a), the Secretary shall offer an incentive
payment equal to 10 percent of the capital improvement cost
resulting in a permanent increase of at least 5 percent in
the rated electricity capacity of the licensee's nuclear
plant if the licensee achieves the increased capacity rating
before December 31, 2004.
(2) Limitation.--No incentive payment under paragraph (1)
associated with any single nuclear unit shall exceed
$1,000,000.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 2002 and 2003.
SEC. 125. UNIVERSITY PROGRAMS.
(a) In General.--The Secretary may, as provided in this
section, provide grants and other forms of payment to further
the national goal of producing well-educated graduates in
nuclear engineering and closely related specialties that
support nuclear energy
[[Page S1978]]
programs such as health physics, actinide chemistry, and
material sciences.
(b) Support for University Research Reactors.--The
Secretary may provide grants and other forms of payments for
plant upgrading to universities in the United States that
operate and maintain nuclear research reactors.
(c) Support for University Research and Development.--The
Secretary may provide grants and other forms of payment for
research and development work by faculty, staff, and students
associated with nuclear engineering programs and closely
related specialties at universities in the United States.
(d) Support for Nuclear Engineering Students and Faculty.--
The Secretary may provide fellowships, scholarships, and
other support to students and to departments of nuclear
engineering and closely related specialties at universities
in the United States.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $34,200,000 for fiscal year 2002, of which--
(A) $13,000,000 shall be available to carry out subsection
(b);
(B) $10,200,000 shall be available to carry out subsection
(c) of which not less than $2,000,000 shall be available to
support health physics programs; and
(C) $11,000,000 shall be available to carry out subsection
(d) of which not less than $2,000,000 shall be available to
support health physics programs; and
(2) such sums as are necessary for subsequent fiscal years.
SEC. 126. PROHIBITION OF COMMERCIAL SALES OF URANIUM AND
CONVERSION HELD BY THE DEPARTMENT OF ENERGY
UNTIL 2006.
Section 3112(b) of the USEC Privatization Act (42 U.S.C.
2297h-10(b)) is amended by striking paragraph (2) and
inserting the following:
``(2) Sale of uranium hexafluoride.--
``(A) In general.--The Secretary shall--
``(i) sell and receive payment for the uranium hexafluoride
transferred to the Secretary under paragraph (1); and
``(ii) refrain from sales of its surplus natural uranium
and conversion services through 2006 (except sales or
transfers to the Tennessee Valley Authority in relation to
the Department's HEU or Tritium programs, minor quantities
associated with site cleanup projects, or the Department of
Energy research reactor sales program).
``(B) Requirements.--Under subparagraph (A)(i), uranium
hexafluoride shall be sold--
``(i) in 1995 and 1996 to the Russian Executive Agent at
the purchase price for use in matched sales pursuant to the
Suspension Agreement; or
``(ii) in 2006 for consumption by end users in the United
States not before January 1, 2007, and in subsequent years,
in volumes not to exceed 3,000,000 pounds
U3O8 equivalent per year.''.
SEC. 127. COOPERATIVE RESEARCH AND DEVELOPMENT AND SPECIAL
DEMONSTRATION PROJECTS FOR THE URANIUM MINING
INDUSTRY.
There is authorized to be appropriated to the Secretary
$10,000,000 for each of fiscal years 2002, 2003, and 2004
for--
(1) cooperative, cost-shared, agreements between the
Department and the domestic uranium mining industry to
identify, test, and develop improved in-situ leaching mining
technologies, including low-cost environmental restoration
technologies that may be applied to sites after completion of
in-situ leaching operations; and
(2) funding for competitively selected demonstration
projects with the domestic uranium mining industry relating
to--
(A) enhanced production with minimal environmental impact;
(B) restoration of well fields; and
(C) decommissioning and decontamination activities.
SEC. 128. MAINTENANCE OF A VIABLE DOMESTIC URANIUM CONVERSION
INDUSTRY.
(a) In General.--For Department of Energy expenses
necessary in providing to Converdyn Incorporated a payment
for losses associated with providing conversion services for
the production of low-enriched uranium (excluding imports
related to actions taken under the United States/Russia HEU
Agreement), there is authorized to be appropriated $8,000,000
for each of fiscal years 2002, 2003, and 2004.
(b) Rate.--The payment shall be at a rate, determined by
the Secretary, that--
(1)(A) is based on the difference between Converdyn's costs
and its sale price for providing conversion services for the
production of low-enriched uranium fuel; but
(B) does not exceed the amount appropriated under
subsection (a); and
(2) shall be based contingent on submission to the
Secretary of a financial statement satisfactory to the
Secretary that is certified by an independent auditor for
each year.
(c) Timing.--A payment under subsection (a) shall be
provided as soon as practicable after receipt and
verification of the financial statement submitted under
subsection (b).
SEC. 129. PORTSMOUTH GASEOUS DIFFUSION PLANT.
(a) In General.--The Secretary may proceed with actions
required to place the Portsmouth gaseous diffusion plant into
cold standby condition for a period of 5 years.
(b) Plant Condition.--In the cold standby condition, the
plant shall be in a condition that--
(1) would allow its restart, for production of 3,000,000
separative work units per year, to meet domestic demand for
enrichment services; and
(2) will facilitate the future decontamination and
decommissioning of the plant.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section--
(1) $36,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal years 2003, 2004,
and 2005.
SEC. 130. NUCLEAR GENERATION REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to
Congress a report on the state of nuclear power generation in
the United States.
(b) Contents.--The report shall--
(1) provide current and historical detail regarding--
(A) the number of commercial nuclear plants and the amount
of electricity generated; and
(B) the safety record of commercial nuclear plants;
(2) review the status of the relicensing process for
commercial nuclear plants, including--
(A) current and anticipated applications; and
(B) for each current and anticipated application--
(i) the anticipated length of time for a license renewal
application to be processed; and
(ii) the current and anticipated costs of each license
renewal;
(3) assess the capability of the Commission to evaluate
licenses for new advanced reactor designs and discuss the
confirmatory and anticipatory research activities needed to
support that capability;
(4) detail the efforts of the Commission to prepare for
potential new commercial nuclear plants, including evaluation
of any new plant design and the licensing process for nuclear
plants;
(5) state the anticipated length of time for a new plant
license to be processed and the anticipated cost of such a
process; and
(6) include recommendations for improvements in each of the
processes reviewed.
TITLE II--CONSTRUCTION OF NUCLEAR PLANTS
SEC. 201. ESTABLISHMENT OF PROGRAMS.
(a) Secretary.--The Secretary shall establish a program
within the Office of Nuclear Energy, Science, and Technology
to--
(1) demonstrate the Nuclear Regulatory Commission Early
Site Permit process;
(2) evaluate opportunities for completion of partially
constructed nuclear plants; and
(3) develop a report assessing opportunities for Generation
IV reactors.
(b) Commission.--The Commission shall develop a research
program to support regulatory actions relating to new nuclear
plant technologies.
SEC. 202. NUCLEAR PLANT COMPLETION INITIATIVE.
(a) In General.--The Secretary shall solicit information on
United States nuclear plants requiring additional capital
investment before becoming operational or being returned to
operation to determine which, if any, should be included in a
study of the feasibility of completing and operating some or
all of the nuclear plants by December 31, 2004, considering
technical and economic factors.
(b) Identification of Unfinished Nuclear Plants.--The
Secretary shall convene a panel of experts to--
(1) review information obtained under subsection (a); and
(2) identify which unfinished nuclear plants should be
included in a feasibility study.
(c) Technical and Economic Completion Assessment.--On
completion of the identification of candidate nuclear plants
under subsection (b), the Secretary shall commence a detailed
technical and economic completion assessment that includes,
on a unit-specific basis, all technical and economic
information necessary to permit a decision on the feasibility
of completing work on any or all of the nuclear plants
identified under subsection (b).
(d) Solicitation of Proposals.--After making the results of
the feasibility study under subsection (c) available to the
public, the Secretary shall solicit proposals for completing
construction on any or all of the nuclear plants assessed
under subsection (c).
(e) Selection of Proposals.--
(1) In general.--The Secretary shall reconvene the panel of
experts designated under subsection (b) to review and select
the nuclear plants to be pursued, taking into consideration
any or all of the following factors:
(A) Location of the nuclear plant and the regional need for
expanded power capability.
(B) Time to completion.
(C) Economic and technical viability for completion of the
nuclear plant.
(D) Financial capability of the offeror.
(E) Extent of support from regional and State officials.
(F) Experience and past performance of the members of the
offeror in siting, constructing, or operating nuclear
generating facilities.
(G) Lowest cost to the Government.
(2) Regional and state support.--No proposal shall be
accepted without endorsement by the State Governor and by the
elected governing bodies of--
(A) each political subdivision in which the nuclear plant
is located; and
(B) each other political subdivision that the Secretary
determines has a substantial
[[Page S1979]]
interest in the completion of the nuclear plant.
(f) Report to Congress.--
(1) In general.--Not later than June 1, 2002, the Secretary
shall submit to Congress a report describing the reactors
identified for completion under subsection (e).
(2) Contents.--The report shall--
(A) detail the findings under each of the criteria
specified in subsection (e); and
(B) include recommendations for action by Congress to
authorize actions that may be initiated in fiscal year 2003
to expedite completion of the reactors.
(3) Considerations.--In making recommendations under
paragraph (2)(B), the Secretary shall consider--
(A) the advisability of authorizing payment by the
Government of Commission user fees (including consideration
of the estimated cost to the Government of paying such fees);
and
(B) other appropriate considerations.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $3,000,000 for
fiscal year 2002.
SEC. 203. EARLY SITE PERMIT DEMONSTRATION PROGRAM.
(a) In General.--The Secretary shall initiate a program of
Government/private partnership demonstration projects to
encourage private sector applications to the Commission for
approval of sites that are potentially suitable to be used
for the construction of future nuclear power generating
facilities.
(b) Projects.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall issue a
solicitation of offers for proposals from private sector
entities to enter into partnerships with the Secretary to--
(1) demonstrate the Early Site Permit process; and
(2) create a bank of approved sites by December 31, 2003.
(c) Criteria for Proposals.--A proposal submitted under
subsection (b) shall--
(1) identify a site owned by the offeror that is suitable
for the construction and operation of a new nuclear plant;
and
(2) state the agreement of the offeror to pay not less than
\1/2\ of the costs of--
(A) preparation of an application to the Commission for an
Early Site Permit for the site identified under paragraph
(1); and
(B) review of the application by the Commission.
(d) Selection of Proposals.--The Secretary shall establish
a competitive process to review and select the projects to be
pursued, taking into consideration the following:
(1) Time to prepare the application.
(2) Site qualities or characteristics that could affect the
duration of application review.
(3) The financial capability of the offeror.
(4) The experience of the offeror in siting, constructing,
or operating nuclear plants.
(5) The support of regional and State officials.
(6) The need for new electricity supply in the vicinity of
the site, or proximity to suitable transmission lines.
(7) Lowest cost to the Government.
(e) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with up to 3 offerors selected through
the competitive process to pay not more than \1/2\ of the
costs incurred by the parties to the agreements for--
(1) preparation of an application to the Commission for an
Early Site Permit for the site; and
(2) review of the application by the Commission.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 2002 and 2003, to remain available until
expended.
SEC. 204. NUCLEAR ENERGY TECHNOLOGY STUDY FOR GENERATION IV
REACTORS.
(a) In General.--The Secretary shall conduct a study of
Generation IV nuclear energy systems, including development
of a technology roadmap and performance of research and
development necessary to make an informed technical decision
regarding the most promising candidates for commercial
deployment.
(b) Upgrades and Additions.--The Secretary may make
upgrades or additions to the nuclear energy research facility
infrastructure as needed to carry out the study under
subsection (a).
(c) Reactor Characteristics.--To the extent practicable, in
conducting the study under subsection (a), the Secretary
shall study nuclear energy systems that offer the highest
probability of achieving the goals for Generation IV nuclear
energy systems established by the Nuclear Energy Research
Advisory Committee, including--
(1) economics competitive with natural gas-fueled
generators;
(2) enhanced safety features or passive safety features;
(3) substantially reduced production of high-level waste,
as compared with the quantity of waste produced by reactors
in operation on the date of enactment of this Act;
(4) highly proliferation resistant fuel and waste;
(5) sustainable energy generation including optimized fuel
utilization; and
(6) substantially improved thermal efficiency, as compared
with the thermal efficiency of reactors in operation on the
date of enactment of this Act.
(c) Consultation.--In conducting the study, the Secretary
shall consult with--
(1) the Commission, with respect to evaluation of
regulatory issues; and
(2) the International Atomic Energy Agency, with respect to
international safeguards.
(d) Report.--
(1) In general.--Not later than December 31, 2002, the
Secretary shall submit to Congress a report describing the
results of the roadmap and plans for research and development
leading to a public/private cooperative demonstration of one
or more Generation IV nuclear energy systems.
(2) Contents.--The report shall contain--
(A) an assessment of all available technologies;
(B) a summary of actions needed for the most promising
candidates to be considered as viable commercial options
within the five to ten years after the date of the report
with consideration of regulatory, economic, and technical
issues;
(C) a recommendation of not more than three promising
Generation IV nuclear energy system concepts for further
development;
(D) an evaluation of opportunities for public/private
partnerships;
(E) a recommendation for structure of a public/private
partnership to share in development and construction costs;
(F) a plan leading to the selection and conceptual design,
by September 30, 2004, of at least one Generation IV nuclear
energy system for demonstration through a public/private
partnership; and
(G) a recommendation for appropriate involvement of the
Commission.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $50,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal years 2003
through 2006.
SEC. 205. RESEARCH SUPPORTING REGULATORY PROCESSES FOR NEW
REACTOR TECHNOLOGIES AND DESIGNS.
(a) In General.--The Commission shall develop a
comprehensive research program to support resolution of
potential licensing issues associated with new reactor
concepts and new technologies that may be incorporated into
new or current designs of nuclear plants.
(b) Identification of Candidate Designs.--The Commission
shall work with the Office of Nuclear Energy, Science, and
Technology and the nuclear industry to identify candidate
designs to be addressed by the program.
(c) Activities To Be Included.--The research shall
include--
(1) modeling, analyses, tests, and experiments as required
to provide input into total system behavior and response to
hypothesized accidents; and
(2) consideration of new reactor technologies that may
affect--
(A) risk-informed licensing of new plants;
(B) behavior of advanced fuels;
(C) evolving environmental considerations relative to spent
fuel management and health effect standards;
(D) new technologies (such as advanced sensors, digital
instrumentation, and control) and human factors that affect
the application of new technology to current plants; and
(E) other emerging technical issues.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section--
(1) $25,000,000 for fiscal year 2002; and
(2) such sums as are necessary for subsequent fiscal years.
TITLE III--EVALUATIONS OF NUCLEAR ENERGY
SEC. 301. ENVIRONMENTALLY PREFERABLE PURCHASING.
(a) Acquisition.--For the purposes of Executive Order No.
13101 (3 C.F.R. 210 (1998)) and policies established by the
Office of Federal Procurement Policy or other executive
branch offices for the acquisition or use of environmentally
preferable products (as defined in section 201 of the
Executive order), electricity generated by a nuclear plant
shall be considered to be an environmentally preferable
product.
(b) Procurement.--No Federal procurement policy or program
may--
(1) discriminate against or exclude nuclear generated
electricity in making purchasing decisions; or
(2) subscribe to product certification programs or
recommend product purchases that exclude nuclear electricity.
SEC. 302. EMISSION-FREE CONTROL MEASURES UNDER A STATE
IMPLEMENTATION PLAN.
(a) Definitions.--In this section:
(1) Criteria air pollutant.--The term ``criteria air
pollutant'' means a pollutant listed under section 108(a) of
the Clean Air Act (42 U.S.C. 7408(a)).
(2) Emission-free electricity source.-- The term
``emission-free electricity source'' means--
(A) a facility that generates electricity without emitting
criteria pollutants, hazardous pollutants, or greenhouse
gases as a result of onsite operations of the facility; and
(B) a facility that generates electricity using nuclear
fuel that meets all applicable standards for radiological
emissions under section 112 of the Clean Air Act (42 U.S.C.
7412).
(3) Greenhouse gas.--The term ``greenhouse gas'' means a
natural or anthropogenic gaseous constituent of the
atmosphere that absorbs and re-emits infrared radiation.
[[Page S1980]]
(4) Hazardous pollutant.--The term ``hazardous pollutant''
has the meaning given the term in section 112(a) of the Clean
Air Act (42 U.S.C. 7412(a)).
(5) Improvement in availability.--The term ``improvement in
availability'' means an increase in the amount of electricity
produced by an emission-free electricity source that provides
a commensurate reduction in output from emitting sources.
(6) Increased emission-free capacity project.--The term
``increased emission-free capacity project'' means a project
to construct an emission-free electricity source or increase
the rated capacity of an existing emission-free electricity
source.
(b) Treatment of Certain State Actions as Control
Measures.--An action taken by a State to support the
continued operation of an emission-free electricity source or
to support an improvement in availability or an increased
emission-free capacity project shall be considered to be a
control measure for the purposes of section 110(a) of the
Clean Air Act (42 U.S.C. 7410(a)).
(c) Economic Incentive Programs.--
(1) Criteria air pollutants and hazardous pollutants.--
Emissions of criteria air pollutants or hazardous pollutants
prevented or avoided by an improvement in availability or the
operation of increased emission-free capacity shall be
eligible for, and may not be excluded from, incentive
programs used as control measures, including programs
authorizing emission trades, revolving loan funds, tax
benefits, and special financing programs.
(2) Greenhouse gases.--Emissions of greenhouse gases
prevented or avoided by an improvement in availability or the
operation of increased emission-free capacity shall be
eligible for, and may not be excluded from, incentive
programs used as control measures on the national, regional
State, or local level.
SEC. 304. PROHIBITION OF DISCRIMINATION AGAINST EMISSION-FREE
ELECTRICITY PROJECTS IN INTERNATIONAL
DEVELOPMENT PROGRAMS.
(a) Prohibition.--No Federal funds shall be used to support
a domestic or international organization engaged in the
financing, development, insuring, or underwriting of
electricity production facilities if the activities fail to
include emission-free electricity production facility
projects that use nuclear fuel.
(b) Request for Policies.--The Secretary of Energy shall
request copies of all written policies regarding the
eligibility of emission-free nuclear electricity production
facilities for funding or support from international or
domestic organizations engaged in the financing, development,
insuring, or underwriting of electricity production
facilities, including--
(1) the Agency for International Development;
(2) the World Bank;
(3) the Overseas Private Investment Corporation;
(4) the International Monetary Fund; and
(5) the Export-Import Bank.
TITLE IV--DEVELOPMENT OF NATIONAL SPENT NUCLEAR FUEL STRATEGY
SEC. 401. FINDINGS.
Congress finds that--
(1) before the Federal Government takes any irreversible
action relating to the disposal of spent nuclear fuel,
Congress must determine whether the spent fuel should be
treated as waste subject to permanent burial or should be
considered to be an energy resource that is needed to meet
future energy requirements; and
(2) national policy on spent nuclear fuel may evolve with
time as improved technologies for spent fuel are developed or
as national energy needs evolve.
SEC. 402. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.
(a) Definitions.--In this section:
(1) Associate director.--The term ``Associate Director''
means the Associate Director of the Office.
(2) Office.--The term ``Office'' means the Office of Spent
Nuclear Fuel Research established by subsection (b).
(b) Establishment.--There is established an Office of Spent
Nuclear Fuel Research within the Office of Nuclear Energy
Science and Technology of the Department of Energy.
(c) Head of Office.--The Office shall be headed by the
Associate Director, who shall be a member of the Senior
Executive Service appointed by the Director of the Office of
Nuclear Energy Science and Technology, and compensated at a
rate determined by applicable law.
(d) Duties of the Associate Director.--
(1) In general.--The Associate Director shall be
responsible for carrying out an integrated research,
development, and demonstration program on technologies for
treatment, recycling, and disposal of high-level nuclear
radioactive waste and spent nuclear fuel, subject to the
general supervision of the Secretary.
(2) Participation.--The Associate Director shall coordinate
the participation of national laboratories, universities, the
commercial nuclear industry, and other organizations in the
investigation of technologies for the treatment, recycling,
and disposal of spent nuclear fuel and high-level radioactive
waste.
(3) Activities.--The Associate Director shall--
(A) develop a research plan to provide recommendations by
2015;
(B) identify promising technologies for the treatment,
recycling, and disposal of spent nuclear fuel and high-level
radioactive waste;
(C) conduct research and development activities for
promising technologies;
(D) ensure that all activities include as key objectives
minimization of proliferation concerns and risk to health of
the general public or site workers, as well as development of
cost-effective technologies;
(E) require research on both reactor- and accelerator-based
transmutation systems;
(F) require research on advanced processing and
separations;
(G) include participation of international collaborators in
research efforts, and provide funding to a collaborator that
brings unique capabilities not available in the United States
if the country in which the collaborator is located is unable
to provide support; and
(H) ensure that research efforts are coordinated with
research on advanced fuel cycles and reactors conducted by
the Office of Nuclear Energy Science and Technology.
(e) Grant and Contract Authority.--The Secretary may make
grants, or enter into contracts, for the purposes of the
research projects and activities described in subsection
(d)(3).
(f) Report.--The Associate Director shall annually submit
to Congress a report on the activities and expenditures of
the Office that describes the progress being made in
achieving the objectives of this section.
SEC. 403. ADVANCED FUEL RECYCLING TECHNOLOGY DEVELOPMENT
PROGRAM.
(a) In General.--The Secretary, acting through the Director
of the Office of Nuclear Energy, Science, and Technology,
shall conduct an advanced fuel recycling technology research
and development program to further the availability of
electrometallurgical technology as a proliferation-resistant
alternative to aqueous reprocessing in support of evaluation
of alternative national strategies for spent nuclear fuel and
the Generation IV advanced reactor concepts, subject to
annual review by the Nuclear Energy Research Advisory
Committee.
(b) Reports.--The Secretary shall submit to the Committee
on Science and the Committee on Appropriations of the House
of Representatives and the Committee on Energy and Natural
Resources and the Committee on Appropriations of the Senate
an annual report on the activities of the advanced fuel
recycling technology development program.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $10,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal years 2003
through 2006.
TITLE V--NATIONAL ACCELERATOR SITE
SEC. 501. FINDINGS.
Congress finds that--
(1)(A) high-current proton accelerators are capable of
producing significant quantities of neutrons through the
spallation process without using a critical assembly; and
(B) the availability of high-neutron fluences enables a
wide range of missions of major national importance to be
conducted;
(2)(A) public acceptance of repositories, whether for spent
fuel or for final waste products from spent fuel, can be
enhanced if the radio-toxicity of the materials in the
repository can be reduced;
(B) transmutation of long-lived radioactive species by an
intense neutron source provides an approach to such a
reduction in toxicity; and
(C) research and development in this area (which, when the
source of neutrons is derived from an accelerator, is called
``accelerator transmutation of waste'') should be an
important part of a national spent fuel strategy;
(3)(A) nuclear weapons require a reliable source of
tritium;
(B) the Department of Energy has identified production of
tritium in a commercial light water reactor as the first
option to be pursued;
(C) the importance of tritium supply is of sufficient
magnitude that a backup technology should be demonstrated and
available for rapid scale-up to full requirements;
(D) evaluation of tritium production by a high-current
accelerator has been underway; and
(E) accelerator production of tritium should be
demonstrated, so that the capability can be scaled up to
levels required for the weapons stockpile if difficulties
arise with the reactor approach;
(4)(A) radioisotopes are required in many medical
procedures;
(B) research on new medical procedures is adversely
affected by the limited availability of production facilities
for certain radioisotopes; and
(C) high-current accelerators are an important source of
radioisotopes, and are best suited for production of proton-
rich isotopes; and
(5)(A) a spallation source provides a continuum of neutron
energies; and
(B) the energy spectrum of neutrons can be altered and
tailored to allow a wide range of experiments in support of
nuclear engineering studies of alternative reactor
configurations, including studies of materials that may be
used in future fission or fusion systems.
SEC. 502. DEFINITIONS.
In this title:
[[Page S1981]]
(1) Office.--The term ``Office'' means the Office of
Nuclear Energy, Science, and Technology of the Department of
Energy.
(2) Program.--The term ``program'' means the Advanced
Accelerator Applications Program established under section
503.
(3) Proposal.--The term ``proposal'' means the proposal for
a location supporting the missions identified for the program
developed under section 503.
SEC. 503. ADVANCED ACCELERATOR APPLICATIONS PROGRAM.
(a) Establishment of Program.--The Secretary shall
establish a program to be known as the ``Advanced Accelerator
Applications Program''.
(b) Mission.--The mission of the program shall include
conducting scientific or engineering research, development,
and demonstrations on--
(1) accelerator production of tritium as a backup
technology;
(2) transmutation of spent nuclear fuel and waste;
(3) production of radioisotopes;
(4) advanced nuclear engineering concepts, including
material science issues; and
(5) other applications that may be identified.
(c) Administration.--The program shall be administered by
the Office--
(1) in consultation with the National Nuclear Security
Administration, for all activities related to tritium
production; and
(2) in consultation with the Office of Civilian Radioactive
Waste Management, for all activities relating to the impact
of waste transmutation on repository requirements.
(d) Participation.--The Office shall encourage
participation of international collaborators, industrial
partners, national laboratories, and, through support for new
graduate engineering and science students and professors,
universities.
(e) Proposal of Location.--
(1) In general.--The Office shall develop a detailed
proposal for a location supporting the missions identified
for the program.
(2) Contents.--The proposal shall--
(A) recommend capabilities for the accelerator and for each
major research or production effort;
(B) include development of a comprehensive site plan
supporting those capabilities;
(C) specify a detailed time line for construction and
operation of all activities;
(D) identify opportunities for involvement of the private
sector in production and use of radioisotopes;
(E) contain a recommendation for funding required to
accomplish the proposal in future fiscal years; and
(F) identify required site characteristics.
(3) Preliminary environmental impact assessment.--As part
of the process of identification of required site
characteristics, the Secretary shall undertake a preliminary
environmental impact assessment of a range of sites.
(4) Submission to congress.--Not later than March 31, 2002,
the Secretary shall submit to the Committee on Energy and
Natural Resources and Committee on Appropriations of the
Senate and the Committee on Science and Committee on
Appropriations of the House of Representatives a report
describing the proposal.
(f) Competition.--
(1) In general.--The Secretary shall use the proposal to
conduct a nationwide competition among potential sites.
(2) Report.--Not later than June 30, 2003, the Secretary
shall submit to the Committee on Energy and Natural Resources
and Committee on Appropriations of the Senate and the
Committee on Science and the Committee on Appropriations of
the House of Representatives a report that contains an
evaluation of competing proposals and a recommendation of a
final site and for funding requirements to proceed with
construction in future fiscal years.
(g) Authorization of Appropriations.--
(1) Proposal.--There is authorized to be appropriated for
development of the proposal $20,000,000 for each of fiscal
years 2002 and 2003.
(2) Research, development, and demonstration activities.--
There are authorized to be appropriated for research,
development, and demonstration activities of the program--
(A) $120,000,000 for fiscal year 2002; and
(B) such sums as are necessary for subsequent fiscal years.
TITLE VI--NUCLEAR REGULATORY COMMISSION REFORM
SEC. 601. DEFINITIONS.
Section 11 of the Atomic Energy Act of 1954 (42 U.S.C.
2014) is amended--
(1) in subsection f., by striking ``Atomic Energy
Commission'' and inserting ``Nuclear Regulatory Commission'';
(2) by redesignating subsection jj. as subsection ll.; and
(3) by adding at the end the following:
``jj. Federal nuclear obligation.--The term `Federal
nuclear obligation' means--
``(1) a nuclear decommissioning obligation;
``(2) a fee required to be paid to the Federal Government
by a licensee for the storage, transportation, or disposal of
spent nuclear fuel and high-level radioactive waste,
including a fee required under the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101 et seq.); and
``(3) an assessment by the Federal Government to fund the
cost of decontamination and decommissioning of uranium
enrichment facilities, including an assessment required under
chapter 28 of the Energy Policy Act of 1992 (42 U.S.C.
2297g).
``kk. Nuclear decommissioning obligation.--The term
`nuclear decommissioning obligation' means an expense
incurred to ensure the continued protection of the public
from the dangers of any residual radioactivity or other
hazards present at a facility at the time the facility is
decommissioned, including all costs of actions required under
rules, regulations and orders of the Commission for--
``(1) entombing, dismantling and decommissioning a
facility; and
``(2) administrative, preparatory, security and radiation
monitoring expenses associated with entombing, dismantling,
and decommissioning a facility.''.
SEC. 602. OFFICE LOCATION.
Section 23 of the Atomic Energy Act of 1954 (42 U.S.C.
2033) is amended by striking ``; however, the Commission
shall maintain an office for the service of process and
papers within the District of Columbia''.
SEC. 603. LICENSE PERIOD.
Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C.
2133(c)) is amended--
(1) by striking ``c. Each such'' and inserting the
following:
``c. License Period.--
``(1) In general.--Each such''; and
(2) by adding at the end the following:
``(2) Combined licenses.--In the case of a combined
construction and operating license issued under section
185(b), the initial duration of the license may not exceed 40
years from the date on which the Commission finds, before
operation of the facility, that the acceptance criteria
required by section 185(b) are met.''.
SEC. 604. ELIMINATION OF FOREIGN OWNERSHIP RESTRICTIONS.
(a) Commercial Licenses.--Section 103d. of the Atomic
Energy Act of 1954 (42 U.S.C. 2133(d)) is amended by striking
the second sentence.
(b) Medical Therapy and Research and Development.--Section
104d. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(d)) is
amended by striking the second sentence.
SEC. 605. ELIMINATION OF DUPLICATIVE ANTITRUST REVIEW.
Section 105 of the Atomic Energy Act of 1954 (42 U.S.C.
2135) is amended by striking subsection c. and inserting the
following:
``c. Conditions.--
``(1) In general.--A condition for a grant of a license
imposed by the Commission under this section in effect on the
date of enactment of the Nuclear Assets Restructuring Reform
Act of 2001 shall remain in effect until the condition is
modified or removed by the Commission.
``(2) Modification.--If a person that is licensed to
construct or operate a utilization or production facility
applies for reconsideration under this section of a condition
imposed in the person's license, the Commission shall conduct
a proceeding, on an expedited basis, to determine whether the
license condition--
``(A) is necessary to ensure compliance with section 105a.;
or
``(B) should be modified or removed.''.
SEC. 606. GIFT ACCEPTANCE AUTHORITY.
(a) In General.--Section 161g. of the Atomic Energy Act of
1954 (42 U.S.C. 2201(g)) is amended--
(1) by inserting ``(1)'' after ``(g)'';
(2) by striking ``this Act;'' and inserting ``this Act;
or''; and
(3) by adding at the end the following:
``(2) accept, hold, utilize, and administer gifts of real
and personal property (not including money) for the purpose
of aiding or facilitating the work of the Commission.''.
(b) Criteria for Acceptance of Gifts.--
(1) 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:
``SEC. 170C. CRITERIA FOR ACCEPTANCE OF GIFTS.
``(a) In General.--The Commission shall establish written
criteria for determining whether to accept gifts under
section 161g.(2).
``(b) Considerations.--The criteria under subsection (a)
shall take into consideration whether the acceptance of a
gift would compromise the integrity of, or the appearance of
the integrity of, the Commission or any officer or employee
of the Commission.''.
(2) Conforming amendment.--The table of contents of the
Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended
by adding at the end of the items relating to chapter 14 the
following:
``Sec. 170C. Criteria for acceptance of gifts.''.
SEC. 607. AUTHORITY OVER FORMER LICENSEES FOR DECOMMISSIONING
FUNDING.
Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C.
2201(i)) is amended--
(1) by striking ``and (3)'' and inserting ``(3)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (4) to ensure that sufficient funds will
be available for the decommissioning of any production or
utilization facility licensed under section 103 or 104b.,
including standards and restrictions governing the control,
maintenance, use, and disbursement by any former licensee
under this Act that has control over any fund for the
decommissioning of the facility''.
SEC. 608. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.
(a) In General.--Chapter 14 of title I of the Atomic Energy
Act of 1954 (42 U.S.C. 2201 et seq.) (as amended by section
606(b)) is amended--
[[Page S1982]]
(1) in section 161, by striking subsection k. and inserting
the following:
``k. authorize to carry a firearm in the performance of
official duties such of its members, officers, and employees,
such of the employees of its contractors and subcontractors
(at any tier) engaged in the protection of property under the
jurisdiction of the United States located at facilities owned
by or contracted to the United States or being transported to
or from such facilities, and such of the employees of persons
licensed or certified by the Commission (including employees
of contractors of licensees or certificate holders) engaged
in the protection of facilities owned or operated by a
Commission licensee or certificate holder that are designated
by the Commission or in the protection of property of
significance to the common defense and security located at
facilities owned or operated by a Commission licensee or
certificate holder or being transported to or from such
facilities, as the Commission considers necessary in the
interest of the common defense and security;'' and
(2) by adding at the end the following:
``SEC. 170D. CARRYING OF FIREARMS.
``(a) Authority To Make Arrest.--
``(1) In general.--A person authorized under section 161k.
to carry a firearm may, while in the performance of, and in
connection with, official duties, arrest an individual
without a warrant for any offense against the United States
committed in the presence of the person or for any felony
under the laws of the United States if the person has a
reasonable ground to believe that the individual has
committed or is committing such a felony.
``(2) Limitation.--An employee of a contractor or
subcontractor or of a Commission licensee or certificate
holder (or a contractor of a licensee or certificate holder)
authorized to make an arrest under paragraph (1) may make an
arrest only--
``(A) when the individual is within, or is in flight
directly from, the area in which the offense was committed;
and
``(B) in the enforcement of--
``(i) a law regarding the property of the United States in
the custody of the Department of Energy, the Commission, or a
contractor of the Department of Energy or Commission or a
licensee or certificate holder of the Commission;
``(ii) a law applicable to facilities owned or operated by
a Commission licensee or certificate holder that are
designated by the Commission under section 161k.;
``(iii) a law applicable to property of significance to the
common defense and security that is in the custody of a
licensee or certificate holder or a contractor of a licensee
or certificate holder of the Commission; or
``(iv) any provision of this Act that subjects an offender
to a fine, imprisonment, or both.
``(3) Other authority.--The arrest authority conferred by
this section is in addition to any arrest authority under
other law.
``(4) Guidelines.--The Secretary and the Commission, with
the approval of the Attorney General, shall issue guidelines
to implement section 161k. and this subsection.''.
(b) Conforming Amendment.--The table of contents of the
Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) (as amended
by section 7(b)(2)) is amended by adding at the end of the
items relating to chapter 14 the following:
``Sec. 170D. Carrying of firearms.''.
SEC. 609. COST RECOVERY FROM GOVERNMENT AGENCIES.
Section 161w. of the Atomic Energy Act of 1954 (42 U.S.C.
2201(w)) is amended--
(1) by striking ``, or which operates any facility
regulated or certified under section 1701 or 1702,'';
(2) by striking ``483a of title 31 of the United States
Code'' and inserting ``9701 of title 31, United States
Code,''; and
(3) by inserting before the period at the end the
following: ``, and, commencing October 1, 2002, prescribe and
collect from any other Government agency any fee, charge, or
price that the Commission may require in accordance with
section 9701 of title 31, United States Code, or any other
law''.
SEC. 610. HEARING PROCEDURES.
Section 189a.(1) of the Atomic Energy Act of 1954 (42
U.S.C. 2239(a)(1)) is amended by adding at the end the
following:
``(C) Hearings.--A hearing under this section shall be
conducted using informal adjudicatory procedures established
under sections 553 and 555 of title 5, United States Code,
unless the Commission determines that formal adjudicatory
procedures are necessary--
``(i) to develop a sufficient record; or
``(ii) to achieve fairness.''.
SEC. 611. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.
Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C.
2278a(a)) is amended in the first sentence by inserting ``or
subject to the licensing authority of the Commission or to
certification by the Commission under this Act or any other
Act'' before the period at the end.
SEC. 612. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.
Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C.
2284(a)) is amended--
(1) in paragraph (2), by striking ``storage facility'' and
inserting ``storage, treatment, or disposal facility'';
(2) in paragraph (3)--
(A) by striking ``such a utilization facility'' and
inserting ``a utilization facility licensed under this Act'';
and
(B) by striking ``or'' at the end;
(3) in paragraph (4)--
(A) by striking ``facility licensed'' and inserting ``or
nuclear fuel fabrication facility licensed or certified'';
and
(B) by striking the period at the end and inserting ``;
or''; and
(4) by adding at the end the following:
``(5) any production, utilization, waste storage, waste
treatment, waste disposal, uranium enrichment, or nuclear
fuel fabrication facility subject to licensing or
certification under this Act during construction of the
facility, if the person knows or reasonably should know that
there is a significant possibility that the destruction or
damage caused or attempted to be caused could adversely
affect public health and safety during the operation of the
facility;''.
SEC. 613. NUCLEAR DECOMMISSIONING OBLIGATIONS OF
NONLICENSEES.
(a) In General.--The Atomic Energy Act of 1954 is amended
by inserting after section 241 (42 U.S.C. 2015) the
following:
``SEC. 242. NUCLEAR DECOMMISSIONING OBLIGATIONS OF
NONLICENSEES.
``(a) Definition of Facility.--In this section, the term
`facility' means a commercial nuclear electric generating
facility for which a Federal nuclear obligation is incurred.
``(b) Decommissioning Obligations.--After public notice and
in accordance with section 181, the Commission shall
establish by rule, regulation, or order any requirement that
the Commission considers necessary to ensure that a person
that is not a licensee (including a former licensee) complies
fully with any nuclear decommissioning obligation.''.
(b) Conforming Amendment.--The table of contents of the
Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended
by inserting after the item relating to section 241 the
following:
``Sec. 242. Nuclear decommissioning obligations of nonlicensees.''.
SEC. 614. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
title and the amendments made by this title take effect on
the date of enactment of this Act.
(b) Recommissioning and License Removal.--The amendment
made by section 613 takes effect on the date that is 180 days
after the date of enactment of this Act.
Mrs. LINCOLN. Mr. President, today I join Senator Domenici in
introducing the Nuclear Energy Electricity Assurance Act of 2001.
Simply put, this bill is designed to ensure that nuclear energy remains
a viable energy source well into the future of this country.
The Nuclear Energy Electricity Assurance Act of 2001 has many
important provisions and I will talk specifically about a couple of
them today.
We should pursue innovative technologies to reduce the amount of
nuclear waste that we will eventually have to store permanently in a
geologic repository. Technologies such as nuclear waste reprocessing
would allow us to recycle about 75 percent of the nuclear waste we have
today. And there are technologies such as transmutation that would
increase the percentage of recycled waste even further. This bill
establishes a new national strategy for nuclear waste by creating the
Office of Spent Nuclear Fuel Research and beginning the Advanced Fuel
Recycling Technology Development Program within the Department of
Energy to study and focus on achievable nuclear fuel reprocessing
initiatives. A strong nuclear fuel reprocessing program is necessary to
ensure we can make nuclear fuel a truly renewable fuel source. It
simply makes sense.
In my home State of Arkansas, we have one nuclear powerplant located
just outside the small town of Dardanelle. This facility has provided
safe, clean, emission-free power to all Arkansans for many years, and I
aim to see that it remains for many more. This bill will help ensure
that this happens by providing incentive funding for utilities to
invest in increased efficiency and capacity of each nuclear powerplant.
This bill takes safe, legitimate steps toward bringing more nuclear
power online, providing incentives to increase nuclear power
efficiency, and strengthening the pursuit of needed reprocessing
technologies. I look forward to the debate on this bill and providing
this Nation with a safe, economical, and environmentally safe energy
supply.
Mr. MURKOWSKI. Mr. President, I rise today to congratulate Senator
Domenici on the introduction of his very fine bill regarding nuclear
energy in this country. He has been a strong advocate of strengthening
and reassessing the US approach to nuclear technologies and this bill
goes a long
[[Page S1983]]
way toward attaining these goals. Senator Domenici has been an active
participant in all aspects of nuclear production, nonproliferation and
our nation's security and has been very helpful to me in my role as
Chairman of the Energy and Natural Resources Committee. He has always
been supportive of efforts to deal with our nation's nuclear waste and
recently co-sponsored my ``National Energy Security Act of 2001,'' a
bipartisan approach to ensuring our nation's energy security.
Senator Domenici's bill is significant because it addresses both
short-term and long-term issues. Our bills share many provisions,
including: renewal of the Price-Anderson Act, authorizations for
Nuclear Energy Research Initiative, NERI, Nuclear Energy Plant
Optimization, NEPO, and Nuclear Energy Technology Programs, NETP,
encouraging nuclear energy efficiencies, and creation of an office of
spent nuclear fuel research.
Short-term goals of increasing efficiencies are especially important
in a time when this country is running short of generation capacity.
What is happening in California could happen elsewhere and we need to
ensure we get the most of existing generation. In 1999, U.S. nuclear
reactors achieved close to 90 percent efficiency. Total efficiency
increases during the 1990's at existing plants was the equivalent of
adding approximately twenty-three 1,000 megawatt power plants. And keep
in mind, that is all clean, non-emitting generation. Despite what
environmentalists want you to think, nuclear is clean. It is the
largest source of U.S. emission free generation, producing
approximately 70 percent of our nation's clean-burning generation in
1999.
In addition, Senator Domenici's bill encourages and funds long-term
progress in nuclear issues. If we are to have a viable nuclear industry
in the future, we must have properly educated and trained
professionals. To achieve that goal, Senator Domenici's bill encourages
education in the hard sciences by funding recommendations made by the
Nuclear Energy Research Advisory Committee to support nuclear
engineering. Senator Domenici's bill also encourages developing waste
solutions, a problem that has bedeviled the industry since the first
fuel rods were removed from a commercial plant. The federal government
said it would take responsibility for this waste but has yet to do so.
Senator Domenici's ``Office of Spent Nuclear Fuel Research'' would
develop a national strategy for spent fuel, including the study of
reprocessing and transmutation. The bill also includes authorization
for advanced accelerator applications and advanced fuel recycling
technology development.
Unless this nation is able to address the nuclear waste issue, we are
in danger of losing the nuclear option. And in this time of increasing
demand for clean, stable, reliable sources of energy, we just can't
afford to lose nuclear energy. Nuclear energy is on the upswing. Four
or five years ago, who would have thought we would hear talk of buying
and selling plants and even building new plants. But it is happening!
In this deregulated environment, nuclear plants are becoming hot
commodities, if you will pardon the pun.
And US industry is actually putting its money where its mouth is. By
the end of 2001, Chicago-based Exelon Corporation will have invested
$15 million in a South African venture to build a pebble bed modular
reactor. Designed to be simpler, safer, and cheaper than current light-
water reactors, these pebble bed reactors have captured the attention
of several companies and the NRC and Senator Domenici's bill will help
to smooth the path for new reactor technologies.
If we ever hope to achieve energy security and energy independence in
this country, we cannot abandon the nuclear option. It is an important
and integral part of our energy mix. Our economy depends on nuclear
energy. Our national security depends on nuclear energy. Our
environment depends on nuclear energy. Our future depends on nuclear
energy.
If we do not create reasonable energy diversity with an increased
reliance on nuclear generation, we endanger ourselves, our future, and
our children's future.
Ms. LANDRIEU. Mr. President, today I rise as an original co-sponsor
of the Nuclear Energy Electricity Supply Assurance Act of 2001. I
commend the senior Senator from New Mexico for his passion and
persistence on this issue.
The U.S. is currently experiencing unusually high and volatile energy
prices. Residents of my state of Louisiana as well as citizens across
the country are facing abnormally high gas prices this winter and
cannot pay their bills. While there are some steps we can take in the
short run to help, the situation is complex in nature and any attempt
at an overall solution will require a number of different remedies over
the long run focusing on both the supply and demand side of the
equation.
The need to increase our domestic supply of energy is apparent. One
of the great strengths of the electric supply system in this country is
the contribution that comes from a variety of fuels such as coal,
nuclear, natural gas, hydropower, oil and renewable energy. The
diversity of available fuels we have at our disposal should enable us
to balance cost, availability and environmental impacts to the best
advantage. Unfortunately, we have not made adequate use of this supply.
While most of the attention this winter has focused on the role of
natural gas, coal and nuclear energy actually both make a larger
contribution to the electricity supply system of the United States,
representing approximately 55 and 20 percent respectively of our
nation's electricity supply. Each of the above mentioned sources of
electricity has unique advantages and disadvantages. While it would not
be wise to rely too heavily on any single fuel for its electricity, we
must not allow our misconceptions to dissuade us from ignoring others
altogether.
One source of energy which I believe we are not making proper use of
is nuclear power. There are currently 103 nuclear power plants in this
country but no new plants have been ordered since 1978. Two of these
plants are located in my state of Louisiana where nuclear power
generates 15 percent of the electricity. We have witnessed firsthand
the numerous benefits of nuclear energy.
First, nuclear energy is efficient and cost effective due to low
operating costs and high plant performance. Also, nuclear energy is
reliable in that it is not subject to unreliable weather or climate
conditions, unpredictable cost fluctuations or dependence on foreign
suppliers. Thirdly, contrary to popular perception, nuclear energy has
perhaps the lowest impact on the environment including air, land, water
and wildlife of any energy source because it emits no harmful gases
into the environment, isolates its waste from the environment and
requires less area to produce the same amount of electricity as other
sources. Finally, although many people associate the issue of nuclear
power with the accident at Three Mile Island in 1979, its safety record
has been excellent, particularly in comparison with other major
commercial energy technologies.
The bill being introduced today will help provide nuclear power with
its proper place in the energy policy debate taking place in our
country. Three of the more important provisions contained in this
legislation are: the encouragement of new plant construction through
loan guarantees to complete unfinished plants; the assurance of a level
playing field for nuclear power by making it eligible for federal
``environmentally preferable'' purchasing programs and research
supporting regulations for new reactor designs with proper focus on
safety and efficiency.
Over the next several months the members of the United States Senate
will engage in a critical debate over the future of our nation's energy
policy. I look forward to participating in this discussion and
advocating for the important role of nuclear power. While development
of nuclear power alone will not take care of our energy needs, it
should be part of the answer.
Mr. CRAIG. Mr. President, I am very pleased to stand with my friend
and colleague, Senator Pete Domenici, as an original cosponsor of the
Nuclear Energy Electricity Supply Assurance Act of 2001. Following on
the heels of the introduction of the comprehensive energy bill last
week, this bill takes a closer look at nuclear energy specifically and
lays out a concrete plan to secure the continued viability of nuclear
energy, our largest source of emissions, free electricity.
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Let me also note that I am very pleased that this is a bipartisan
effort. I appreciate my colleagues from across the aisle who are
joining with us in acknowledging that it is vital to take steps now in
support nuclear energy and thereby, help to increase our energy
independence.
The Nuclear Energy Electricity Supply Assurance Act of 2001 is a
package of measures which help our current energy situation by
supporting nuclear energy research and development, by encouraging new
plant construction, by assuring a level playing field for nuclear power
by acknowledging nuclear's clean air benefits, and by improving the
regulatory process. Although the bill does not explicitly address the
nuclear waste repository at Yucca Mountain, the bill does create an
Office of Spent Nuclear Fuel Research at the Department of Energy and
provides for research into advanced nuclear fuel recycling technologies
such as those being studied at Argonne National Laboratory in Idaho.
If my colleagues are wondering why it is important that we address
the energy issue, they need look no further than the headlines.
However, I would like to bring my colleagues' attention to a study that
was recently released on the subject of energy. The Center for
Strategic and International Studies here in Washington, DC, recently
released its study entitled, ``The Geopolitics of Energy into the 21st
Century.'' Their findings are sobering and I want to take a moment to
highlight some of their conclusions. I do this to provide the global
context for our energy picture and to explain why it is so critical
that this nuclear energy bill and the comprehensive energy package
introduced last week receive our full attention.
This study on the geopolitics of energy found that during the next 20
years, energy demand is projected to expand more than 50 percent and
that electricity will continue to be the most rapidly growing sector of
energy demand. Energy supply, not simply reductions in demand, will
need to be expanded substantially to meet this demand growth and that
the choice of primary fuel used to supply power plants will have
important effects on the environment. Interestingly, this growth in
demand will not be fueled primarily by the United States, as some might
think. Developing economies in Asia and in Central and South America
will show the greatest increase in consumption.
The study points out that although the world drew some portion of its
energy supplies from unstable countries and regions throughout much of
the twentieth century, by the year 2020, fully 50 percent of estimated
total global oil demand will be met from countries that pose a high
risk of internal instability. Furthermore, the study concludes that a
crisis in one or more of the world's key energy-producing countries is
highly likely at some point between now and the year 2020.
Given these predictions, I am alarmed by our current dependence on
imported energy. I think it represents a very serious vulnerability in
our energy picture. This situation makes it critical that the Senate
act on energy legislation, to put in place the long term steps that
will help us climb out of the energy deficit we find ourselves in.
Problems, such as the current energy crisis, that have been years in
the making will not be remedied overnight, but we need to start taking
steps now to improve what we can.
Taking constructive steps to strengthen our energy picture is what
the Nuclear Energy Electricity Supply Assurance Act of 2001 is about.
One of the first steps to be taken, is to recognize the tremendous
contribution that nuclear energy already is making to our domestic
energy picture. I think my colleagues might be surprised to hear that
the U.S. nuclear industry is considered the strongest in the world.
Measured in terms of output, the U.S. nuclear program is as large as
the programs of France and Japan combined. Nuclear energy recently
replaced coal as having the lowest electricity production cost,
approximately 1.83 cents.
The process for extending nuclear power plant licenses has been
successfully demonstrated by the Nuclear Regulatory Commission. Two
plants have been successfully relicensed and three more are in the
process now. Additionally, the nuclear industry continues to improve
the efficiency of its currently operating nuclear plants. During the
past 10 years, these gains in efficiency have added 23,000 megawatts to
the power grid. This is the equivalent of adding 23 additional 1,000
megawatt power plants. This additional power has satisfied
approximately 30 percent of the growth in U.S. electricity demand
during the 1990s.
What I have not mentioned in all this, is the important contribution
nuclear energy makes in meeting clean air goals. If this nuclear
generation were not in place, some other carbon-emitting source of
generation would probably be taking its place. In fact, if you look at
the portfolio of emission-free power generation in the U.S., nuclear
energy comprises about 69 percent of our emission-free power, with
hydroelectric power making up about 29 percent and the remaining less
than 2 percent is made up by geothermal, wind and solar.
The Nuclear Energy Electricity Supply Assurance Act of 2001 will
authorize the exploration of advanced nuclear reactor designs which
meet the goals of being economic, having enhanced safety features,
while also reducing the production of spent fuel. The development of
``Generation Four'' nuclear reactors is something I am really excited
about because much of the work done so far on Generation Four reactor
design has been done at the Idaho National Engineering and
Environmental Laboratory and at Argonne West National Laboratory in my
home state of Idaho. One of the reasons I am so optimistic about the
ability of this country to tackle these tough energy challenges is the
good work that I have seen coming out of our laboratories. When we
unleash our best minds on these issues, really wonderful ideas come
forth. That kind of creativity and initiative is what this bill is
attempting to harness.
I am excited to be a part of this bill and I thank Senator Domenici
for partnering with me early on in the development of this bill and
soliciting my input. I think we have a good product. As we move
forward, I am sure we will receive additional innovative ideas. That is
the challenge to all of us as we address our energy crisis--bringing
the best ideas to bear. This bill is a good start to that process.
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