[Congressional Record Volume 155, Number 173 (Friday, November 20, 2009)]
[Senate]
[Pages S11884-S11885]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself, Ms. Murkowski, and Mr. Udall of 
        Colorado):
  S. 2812. A bill to amend the Energy Policy Act of 2005 to require the 
Secretary of Energy to carry out programs to develop and demonstrate 2 
small modular nuclear reactor designs, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, I rise today to introduce the Nuclear 
Power 2021 Act, which is cosponsored by Senator Murkowski and Senator 
Udall from Colorado.
  This bill, along with Senator Udall's bill S. 2052 are designed to 
give the Department of Energy a set of specific programmatic 
authorities to help address ways to lower the up-front capital cost of 
nuclear reactors. The National Academies of Science in their recent 
America's Energy Future study determined that by 2030 we will need 
essentially to double the existing base load power provided by nuclear 
energy or about another 100 gigawatts.
  But before we can make such a large and dramatic increase in nuclear 
energy, I believe we must demonstrate the ability to construct ``first-
mover'' reactors in the U.S. that are on cost and schedule. The 
National Academies likewise confirmed this as one of two principal 
demonstrations that must be carried out during the next decade to more 
fully understand the range of available options for controlling carbon 
emissions from energy production. The other challenge of commensurate 
importance that they identified is the demonstration of carbon capture 
and sequestration on a large scale for fossil-fuel based energy 
production.
  In that regard, the bill I am introducing today addresses the topic 
of small modular reactors, which are typically rated with a capacity of 
less than 300 electrical megawatts; and that can be constructed and 
operated in combination with similar reactors at a single site. These 
reactors can be less capital intensive than the larger 1,000 megawatt 
reactors currently being licensed at the Nuclear Regulatory Commission; 
they have the potential to be built in a modular fashion much like our 
current fleet of nuclear submarines.
  This bill is similar to the Department of Energy's Nuclear Power 2010 
program; it concentrates not so much on the research and development of 
these reactors but demonstrating the ability to license them. Senator 
Udall's bill authorizes the Department to conduct research on these 
reactors with the goal of reducing cost while operating them in a safe 
and secure fashion.
  More specifically, this bill authorizes the Secretary of Energy to 
work in a public private partnership to develop a standard design for 
two modular reactors, one of which will not be more than 50 megawatts; 
obtain a design certification from the Nuclear Regulatory Commission 
for each design by 2018; and obtain a combined operating license from 
the Commission by 2021.
  All of this effort would be cost shared by non-federal funds and 
selected under competitive merit review process while emphasizing 
efficiency, cost, safety and proliferation resistance.
  The climate change issue we face today is too large to exclude any 
one

[[Page S11885]]

technology that can produce energy without emitting carbon dioxide. The 
National Academies report acknowledges the important role nuclear 
energy has and must play in a carbon constrained energy world; this 
bill I hope is another step to address some of the recommendations of 
this report. I hope my colleagues join me as cosponsors of this 
legislation.
  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. 2812

       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 ``Nuclear Power 2021 Act''.

     SEC. 2. NUCLEAR POWER 2021 INITIATIVE.

       Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 
     16272) is amended by adding at the end the following:
       ``(f) Nuclear Power 2021 Initiative.--
       ``(1) Definitions.--In this subsection:
       ``(A) Combined license.--The term `combined license' has 
     the meaning given the term in section 52.1 of title 10, Code 
     of Federal Regulations (or a successor regulation).
       ``(B) Design certification.--The term `design 
     certification' has the meaning given the term in section 52.1 
     of title 10, Code of Federal Regulations (or a successor 
     regulation).
       ``(C) Small modular reactor.--The term `small modular 
     reactor' means a nuclear reactor--
       ``(i) with a rated capacity of less than 300 electrical 
     megawatts; and
       ``(ii) that can be constructed and operated in combination 
     with similar reactors at a single site.
       ``(2) Duty of secretary.--The Secretary shall carry out, 
     through cooperative agreements with private sector partners--
       ``(A) a program--
       ``(i) to develop a standard design for each of 2 small 
     modular reactors, at least 1 of which has a rated capacity of 
     not more than 50 electrical megawatts; and
       ``(ii) to obtain a design certification from the Nuclear 
     Regulatory Commission for each of the 2 standard designs by 
     January 1, 2018; and
       ``(B) a program to demonstrate the licensing of small 
     modular reactors by--
       ``(i) developing applications for a combined license for 
     each of the designs certified pursuant to subparagraph (A); 
     and
       ``(ii) obtaining a combined license from the Nuclear 
     Regulatory Commission for each of the designs by January 1, 
     2021.
       ``(3) Merit review of proposals.--The Secretary shall 
     select proposals for cooperative agreements under this 
     subsection--
       ``(A) on the basis of an impartial review of the scientific 
     and technical merit of the proposals; and
       ``(B) through the use of competitive procedures.
       ``(4) Technical considerations.--In evaluating proposals, 
     the Secretary shall take into account the efficiency, cost, 
     safety, and proliferation resistance of competing reactor 
     designs.
       ``(5) Cost-share requirements.--
       ``(A) Design development.--Notwithstanding section 988, the 
     Secretary shall require that not less than 50 percent of the 
     cost of the development of each small modular reactor design 
     under paragraph (2)(A) be provided by a non-Federal source.
       ``(B) Licensing demonstration.--Notwithstanding section 
     988, the Secretary shall require that not less than 75 
     percent of the cost of the licensing demonstration of each 
     small modular reactor design under paragraph (2)(B) be 
     provided by a non-Federal source.
       ``(C) Calculation of amount.--Non-Federal contributions 
     under this subsection shall be calculated in accordance with 
     section 988(d).''.
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