[Congressional Record Volume 153, Number 38 (Tuesday, March 6, 2007)]
[Senate]
[Pages S2719-S2720]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself, Mr. Ensign, and Mr. Bennett):
  S. 784. A bill to amend the Nuclear Waste Policy Act of 1982 to 
require commercial nuclear power plant operators to transfer spent 
nuclear fuel from the nuclear fuel pools of the operators into spent 
nuclear fuel dry casks at independent spent fuel storage installations 
of the operators that are licensed by the Nuclear Regulatory 
Commission, to convey to the Secretary of Energy title to all such 
transferred spent nuclear fuel, to provide for the transfer to the 
Secretary of the independent spent fuel storage installation operating 
responsibility of each plant together with the license granted by the 
Commission for the installation, and for other purposes; to the 
Committee on Environment and Public Works.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 784

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Accountability for 
     Nuclear Waste Storage Act of 2007''.

     SEC. 2. DRY CASK STORAGE OF SPENT NUCLEAR FUEL.

       (a) In General.--Title I of the Nuclear Waste Policy Act of 
     1982 (42 U.S.C. 10121 et seq.) is amended by adding at the 
     end the following:

          ``Subtitle I--Dry Cask Storage of Spent Nuclear Fuel

     ``SEC. 185. DRY CASK STORAGE OF SPENT NUCLEAR FUEL.

       ``(a) Definitions.--In this section:
       ``(1) Contractor.--The term `contractor' means a person 
     that holds a contract under section 302(a) and is licensed by 
     the Commission to possess spent nuclear power reactor fuel.
       ``(2) Spent nuclear fuel dry cask.--The term `spent nuclear 
     fuel dry cask' means the container (and all the components 
     and systems associated with the container)--
       ``(A) in which spent nuclear fuel is stored and naturally 
     cooled at an independent spent fuel storage installation that 
     is licensed by the Commission and located at the power 
     reactor site; and
       ``(B) with a design that is approved by the Commission by 
     license or rule.
       ``(3) Spent nuclear fuel pool.--The term `spent nuclear 
     fuel pool' means a water-filled container on a nuclear power 
     reactor site in which spent nuclear fuel rods are stored.
       ``(b) Transfer of Spent Nuclear Fuel.--
       ``(1) In general.--A contractor shall transfer spent 
     nuclear fuel from spent nuclear fuel pools to spent nuclear 
     fuel dry casks at an independent spent fuel storage 
     installation that is licensed by the Commission and located 
     at the power reactor site in accordance with this section.
       ``(2) Spent nuclear fuel stored as of date of enactment.--
     Not later than 6 years after the date of enactment of this 
     section, a contractor shall complete the transfer of all 
     spent nuclear fuel that is stored in spent nuclear fuel pools 
     as of the date of enactment of this section.
       ``(3) Spent nuclear fuel stored after date of enactment.--
     Not later than 6 years after the date on which spent nuclear 
     fuel is discharged from a reactor, a contractor shall 
     complete the transfer of any spent nuclear fuel that is 
     stored in a spent nuclear fuel pool after the date of 
     enactment of this section.
       ``(4) Inadequate funds or availability.--If funds are not 
     available to complete a transfer under paragraph (2) or (3), 
     or if spent nuclear fuel dry casks suitable for the 
     particular fuel are not available on reasonable terms and 
     conditions, the contractor may apply to the Commission to 
     extend the deadline for the transfer to be completed.
       ``(5) Commission licensing.--
       ``(A) In general.--The transfer under paragraph (2) or (3) 
     shall be to spent nuclear fuel dry casks generally licensed 
     by the Commission.
       ``(B) Generally licensed spent nuclear fuel dry casks 
     unavailable.--If generally licensed spent nuclear fuel dry 
     casks described in subparagraph (A) are not available, the 
     deadlines established in paragraphs (2) and (3) may be met by 
     the good faith filing of an application to the Commission for 
     a specific independent spent fuel storage installation 
     license.
       ``(C) Expedited review.--The Commission shall expedite the 
     review and decision of the Commission on an application 
     received

[[Page S2720]]

     under subparagraph (B) in a manner that is consistent with 
     public health and safety, common defense and security, and 
     the right of an interested person to a hearing under the 
     Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
       ``(c) Funding.--The Secretary shall make grants to 
     compensate a contractor for expenses incurred in carrying out 
     subsection (b), including costs associated with--
       ``(1) licensing and construction of an independent spent 
     fuel storage installation located at the power reactor site;
       ``(2) fabrication and delivery of spent nuclear fuel dry 
     casks;
       ``(3) transfers of spent nuclear fuel;
       ``(4) documentation relating to the transfers;
       ``(5) security; and
       ``(6) hardening and other safety or security improvements.
       ``(d) Conveyance of Title.--
       ``(1) Certification and conveyance of title.--
       ``(A) Certification.--The Commission shall certify to the 
     Secretary when safe and secure transfer of spent nuclear fuel 
     has been carried out under paragraph (2) or (3) of subsection 
     (b).
       ``(B) Acceptance of title.--On receipt of the 
     certification, the Secretary shall accept the conveyance of 
     title to the spent nuclear fuel dry cask (including the 
     contents of the spent nuclear fuel dry cask) from the 
     contractor.
       ``(2) Responsibility.--
       ``(A) In general.--A conveyance of title under paragraph 
     (1)(B) shall confer on the Secretary full responsibility 
     (including safety, security, and financial responsibility) 
     for the subsequent possession, stewardship, maintenance, 
     monitoring, and ultimate disposition of all spent nuclear 
     fuel transferred to the Secretary.
       ``(B) Licenses.--On conveyance of title--
       ``(i) the general or specific Commission license held by 
     the contractor for the spent nuclear fuel dry cask shall be 
     terminated; and
       ``(ii) a general license for the spent nuclear fuel dry 
     cask under sections 53 and 81 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2073, 2111) shall be issued to the Secretary.
       ``(C) Regulations.--Not later than 5 years after the date 
     of enactment of this section, the Commission shall promulgate 
     regulations that establish the terms and conditions for 
     licenses described in subparagraph (B)(ii).
       ``(e) Administration.--
       ``(1) In general.--Not later than 5 years after the date of 
     enactment of this section, the Secretary shall establish the 
     capability to carry out subsection (d)(2) in a manner that 
     protects the public health and safety and common defense and 
     security, and complies with all applicable laws.
       ``(2) Contracts with licensees.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary may contract with a holder of the operating license 
     issued by the Commission for 1 or more of the power reactors 
     located on or adjacent to the spent nuclear fuel dry cask for 
     the performance of all or part of the tasks required to carry 
     out subsection (d)(2).
       ``(B) Effect of contract.--A contract described in 
     subparagraph (A) shall not relieve the Secretary of the 
     ultimate responsibility of the Secretary under subsection 
     (d)(2) and as a licensee of the Commission.''.
       (b) Use of Waste Fund.--Section 302(d) of the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10222(d)) is amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) the costs incurred in carrying out subsections (c) 
     and (e) of section 185.''.
                                 ______