[Congressional Record Volume 163, Number 12 (Monday, January 23, 2017)]
[House]
[Pages H569-H571]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ADVANCED NUCLEAR TECHNOLOGY DEVELOPMENT ACT OF 2017
Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 590) to foster civilian research and development of advanced
nuclear energy technologies and enhance the licensing and commercial
deployment of such technologies.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 590
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 ``Advanced Nuclear Technology
Development Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nuclear energy generates approximately 20 percent of
the total electricity and approximately 60 percent of the
carbon-free electricity of the United States.
(2) Nuclear power plants operate consistently at a 90
percent capacity factor, and provide consumers and businesses
with reliable and affordable electricity.
(3) Nuclear power plants generate billions of dollars in
national economic activity through nationwide procurements
and provide thousands of Americans with high paying jobs
contributing substantially to the local economies in
communities where they operate.
(4) The United States commercial nuclear industry must
continue to lead the international civilian nuclear
marketplace, because it is one of our most powerful national
security tools, guaranteeing the safe, secure, and
exclusively peaceful use of nuclear energy.
[[Page H570]]
(5) Maintaining the Nation's nuclear fleet of commercial
light water reactors and expanding the use of new advanced
reactor designs would support continued production of
reliable baseload electricity and maintain United States
global leadership in nuclear power.
(6) Nuclear fusion technology also has the potential to
generate electricity with significantly increased safety
performance and no radioactive waste.
(7) The development of advanced reactor designs would
benefit from a performance-based, risk-informed, efficient,
and cost-effective regulatory framework with defined
milestones and the opportunity for applicants to demonstrate
progress through Nuclear Regulatory Commission approval.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' means--
(A) a nuclear fission reactor with significant improvements
over the most recent generation of nuclear fission reactors,
which may include inherent safety features, lower waste
yields, greater fuel utilization, superior reliability,
resistance to proliferation, and increased thermal
efficiency; or
(B) a nuclear fusion reactor.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Licensing.--The term ``licensing'' means NRC activities
related to reviewing applications for licenses, permits, and
design certifications, and requests for any other regulatory
approval for nuclear reactors within the responsibilities of
the NRC under the Atomic Energy Act of 1954.
(4) National laboratory.--The term ``National Laboratory''
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(5) NRC.--The term ``NRC'' means the Nuclear Regulatory
Commission.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 4. AGENCY COORDINATION.
The NRC and the Department shall enter into the a
memorandum of understanding regarding the following topics:
(1) Technical expertise.--Ensuring that the Department has
sufficient technical expertise to support the civilian
nuclear industry's timely research, development,
demonstration, and commercial application of safe, innovative
advanced reactor technology and the NRC has sufficient
technical expertise to support the evaluation of applications
for licenses, permits, and design certifications, and other
requests for regulatory approval for advanced reactors.
(2) Modeling and simulation.--The use of computers and
software codes to calculate the behavior and performance of
advanced reactors based on mathematical models of their
physical behavior.
(3) Facilities.--Ensuring that the Department maintains and
develops the facilities to enable the civilian nuclear
industry's timely research, development, demonstration, and
commercial application of safe, innovative reactor technology
and ensuring that the NRC has access to such facilities, as
needed.
SEC. 5. ADVANCED REACTOR REGULATORY FRAMEWORK.
(a) Plan Required.--Not later than 1 year after the date of
enactment of this Act, the NRC shall transmit to Congress a
plan for developing an efficient, risk-informed, technology-
neutral framework for advanced reactor licensing. The plan
shall evaluate the following subjects, consistent with the
NRC's role in protecting public health and safety and common
defense and security:
(1) The unique aspects of advanced reactor licensing and
any associated legal, regulatory, and policy issues the NRC
will need to address to develop a framework for licensing
advanced reactors.
(2) Options for licensing advanced reactors under existing
NRC regulations in title 10 of the Code of Federal
Regulations, a proposed new regulatory framework, or a
combination of these approaches.
(3) Options to expedite and streamline the licensing of
advanced reactors, including opportunities to minimize the
time from application submittal to final NRC licensing
decision and minimize the delays that may result from any
necessary amendments or supplements to applications.
(4) Options to expand the incorporation of consensus-based
codes and standards into the advanced reactor regulatory
framework to minimize time to completion and provide
flexibility in implementation.
(5) Options to make the advanced reactor licensing
framework more predictable. This evaluation should consider
opportunities to improve the process by which application
review milestones are established and maintained.
(6) Options to allow applicants to use phased review
processes under which the NRC issues approvals that do not
require the NRC to re-review previously approved information.
This evaluation shall consider the NRC's ability to review
and conditionally approve partial applications, early design
information, and submittals that contain design criteria and
processes to be used to develop information to support a
later phase of the design review.
(7) The extent to which NRC action or modification of
policy is needed to implement any part of the plan required
by this subsection.
(8) The role of licensing advanced reactors within NRC
long-term strategic resource planning, staffing, and funding
levels.
(9) Options to provide cost-sharing financial structures
for license applicants in a phased licensing process.
(b) Coordination and Stakeholder Input Required.--In
developing the plan required by subsection (a), the NRC shall
seek input from the Department, the nuclear industry, and
other public stakeholders.
(c) Cost and Schedule Estimate.--The plan required by
subsection (a) shall include proposed cost estimates,
budgets, and specific milestones for implementing the
advanced reactor regulatory framework by September 30, 2019.
(d) Design Certification Status.--In the NRC's first budget
request after the acceptance of any design certification
application for an advanced nuclear reactor, and annually
thereafter, the NRC shall provide the status of performance
metrics and milestone schedules. The budget request shall
include a plan to correct or recover from any milestone
schedule delays, including delays because of NRC's inability
to commit resources for its review of the design
certification applications.
SEC. 6. USER FEES AND ANNUAL CHARGES.
Section 6101(c)(2)(A) of the Omnibus Budget Reconciliation
Act of 1990 (42 U.S.C. 2214(c)(2)(A)) is amended--
(1) by striking ``and'' at the end of clause (iii);
(2) by striking the period at the end of clause (iv) and
inserting ``; and''; and
(3) by adding at the end the following:
``(v) for fiscal years ending before October 1, 2020,
amounts appropriated to the Commission for activities related
to the development of regulatory infrastructure for advanced
nuclear reactor technologies.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Upton) and the gentlewoman from Colorado (Ms. DeGette)
each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous materials in the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 590, the Advanced
Nuclear Technology Development Act of 2017.
This is a bipartisan bill. It passed in the last Congress as well. It
was cosponsored and led by Congressmen Latta and McNerney. And it will
help American innovators and entrepreneurs develop and license advanced
nuclear technologies. The U.S. will require reliable, baseload, and
affordable energy in decades to come, and nuclear power has to remain
an integral part of our electricity generation portfolio.
Unfortunately, an outdated and rigid regulatory regime will stifle
new nuclear technology development. This bill will help modernize the
regulatory framework for the 21st century to be adaptive, technology
inclusive, and certainly predictable.
Advanced nuclear technologies may provide breakthroughs in safety and
efficiency over the existing fleet of nuclear power plants. Absent the
proper regulatory framework, our nuclear scientists and industry will
look to other parts of the world to construct game-changing nuclear
technologies. So the U.S. has to remain a global leader to create and
maintain highly-paying and highly-skilled jobs right here at home.
This bill is a step towards ensuring that the NRC has the necessary
expertise and the resources to be able to review and license new
technologies and reactor designs, while appropriately collaborating
with the Department of Energy's nuclear energy research programs and
the private sector. With the Federal Government, national labs,
universities, and private industry all working together towards a
common goal, the future of nuclear industry energy is certainly bright.
In the last Congress, as I mentioned at the beginning, this
legislation passed unanimously out of the Energy and Commerce Committee
and passed the House by a voice vote. I am pleased to support this
legislation again, as part of our efforts to address burdensome regs
that stifle economic growth and new technologies. I urge all of my
colleagues to support it.
I reserve the balance of my time.
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House of Representatives, Committee on Science, Space,
and Technology,
Washington, DC, January 23, 2017.
Hon. Greg Walden,
Chairman, Committee on Energy and Commerce, House of
Representatives, Washington, DC.
Dear Mr. Chairman: I am writing concerning H.R. 590, the
``Advanced Nuclear Technology Development Act of 2017,''
which was introduced on January 20, 2017.
H.R. 590 contains provisions within the Committee on
Science, Space, and Technology's Rule X jurisdiction. In
order to expedite this bill for floor consideration, the
Committee on Science, Space, and Technology will forego
action on the bill. This is being done on the basis of our
mutual understanding that doing so will in no way diminish or
alter the jurisdiction of the Committee on Science, Space,
and Technology with respect to the appointment of conferees,
or to any future jurisdictional claim over the subject
matters contained in the bill or similar legislation.
I would appreciate your response to this letter confirming
this understanding, and would request that you include a copy
of this letter and your response in the Congressional Record
during the floor consideration of this bill. Thank you in
advance for your cooperation.
Sincerely,
Lamar Smith,
Chairman.
____
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, January 23, 2017.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
Washington, DC.
Dear Chairman Smith: Thank you for your letter concerning
H.R. 590, Advanced Nuclear Technology Development Act of
2017.
As you noted, H.R. 590 contains provisions within the
Committee on Science, Space, and Technology's Rule X
jurisdiction. I appreciate your willingness to forego action
on the bill in order to expedite this bill for floor
consideration. I agree that doing so will in no way diminish
or alter the jurisdiction of the Committee on Science, Space,
and Technology with respect to the appointment of conferees,
or to any future jurisdictional claim over the subject
matters contained in the bill or similar legislation.
I will place a copy of your letter and this response into
the Congressional Record during the Floor consideration of
this bill.
Sincerely,
Greg Walden,
Chairman.
Ms. DeGETTE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 590, the Advanced
Nuclear Technology Development Act of 2017, introduced by
Representatives Latta and McNerney.
This bill would enhance coordination between the Nuclear Regulatory
Commission and the Department of Energy by requiring them to enter into
a memorandum of understanding on issues related to advanced nuclear
reactor technology.
This is a worthy goal, as the chairman said, and is a commonsense way
for the Federal Government to support the advanced nuclear power
industry. Advanced nuclear technologies have the potential to generate
power more safely and with less nuclear waste, which is why I believe
the Federal Government should be supporting advancements in nuclear
technology.
The bill also requires NRC to develop an advanced reactor regulatory
framework to evaluate options to expedite advanced reactor licensing
and to make it more predictable. NRC would have 1 year from the date of
enactment to submit this plan to Congress. In developing the plan, NRC
must also seek input from interested stakeholders, which I believe to
be a crucial part of this process.
Nuclear energy must play a continued role in our country's clean
energy future to enable us to reach our goals set forth in the Paris
climate agreement. I believe the Advanced Nuclear Technology
Development Act will enable the Federal Government to more efficiently
evaluate and support these promising nuclear technologies, which can
put us on a path towards greater reductions in carbon emissions.
I commend both Representatives Latta and McNerney for introducing
this important legislation, and I urge my colleagues to support it.
Mr. Speaker, I don't believe we have any further speakers on this, so
I yield back the balance of my time.
Mr. UPTON. Mr. Speaker, I yield 2 minutes to the gentleman from
Georgia (Mr. Carter).
Mr. CARTER of Georgia. Mr. Speaker, I thank the gentleman for
yielding.
Mr. Speaker, I rise today in support of H.R. 590, the Advanced
Nuclear Technology Development Act of 2017.
This bill would require the Department of Energy and the Nuclear
Regulatory Commission to work together to further the development of
advanced nuclear technology. By directing the Department of Energy and
the Nuclear Regulatory Commission to enter into a memorandum of
understanding, this bill will reduce bureaucratic barriers to advanced
nuclear technology research and development.
Growing a closer partnership between the Department of Energy and the
Nuclear Regulatory Commission will help to chart an energy independence
path for our Nation as we seek new possibilities and alternatives to
power our way to a better future. Energy independence is critical to
both our national security and to the continued growth of our economy.
There has been a considerable amount of research and development that
has gone into nuclear energy, and it accounts for 60 percent of the
clean energy produced in the United States. This legislation will knock
down those walls to innovation and will provide an opportunity to
develop advanced reactor designs that could be vital to our energy
infrastructure.
I applaud my good friend, Mr. Latta, for his leadership on this
issue, and the Energy and Commerce Committee for their work on this
bill.
I urge my colleagues to support this bill.
Mr. UPTON. Mr. Speaker, I urge my colleagues to again support this
legislating on a bipartisan basis, and I thank all of my colleagues for
speaking in support of it.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Upton) that the House suspend the rules
and pass the bill, H.R. 590.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________