[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5866 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5866
To amend the Energy Policy Act of 2005 requiring the Secretary of
Energy to carry out initiatives to advance innovation in nuclear energy
technologies, to make nuclear energy systems more competitive, to
increase efficiency and safety of civilian nuclear power, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2010
Mr. Gordon of Tennessee (for himself, Mr. Hall of Texas, Mr. Baird, and
Mr. Inglis) introduced the following bill; which was referred to the
Committee on Science and Technology
_______________________________________________________________________
A BILL
To amend the Energy Policy Act of 2005 requiring the Secretary of
Energy to carry out initiatives to advance innovation in nuclear energy
technologies, to make nuclear energy systems more competitive, to
increase efficiency and safety of civilian nuclear power, and for other
purposes.
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 Energy Research and
Development Act of 2010''.
SEC. 2. OBJECTIVES.
Section 951(a) of the Energy Policy Act of 2005 (42 U.S.C.
16271(a)) is amended--
(1) by redesignating paragraphs (2) through (7) as
paragraphs (5) through (10), respectively; and
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) Reducing the costs of nuclear reactor systems.
``(3) Reducing used nuclear fuel and nuclear waste products
generated by civilian nuclear energy.
``(4) Supporting technological advances in areas that
industry by itself is not likely to undertake because of
technical and financial uncertainty.''.
SEC. 3. FUNDING.
Section 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271) is
further amended--
(1) in subsection (b), by striking paragraphs (1) through
(3) and inserting the following:
``(1) $419,000,000 for fiscal year 2011;
``(2) $429,000,000 for fiscal year 2012; and
``(3) $439,000,000 for fiscal year 2013.''; and
(2) in subsection (d)--
(A) by striking ``under subsection (a)'' and
inserting ``under subsection (b)'';
(B) by amending paragraph (1) to read as follows:
``(1) For activities under section 953--
``(A) $201,000,000 for fiscal year 2011;
``(B) $201,000,000 for fiscal year 2012; and
``(C) $201,000,000 for fiscal year 2013.''; and
(C) by inserting after paragraph (3) the following
new paragraphs:
``(4) For activities under section 952, other than those
described in section 952(d)--
``(A) $64,000,000 for fiscal year 2011;
``(B) $64,000,000 for fiscal year 2012; and
``(C) $64,000,000 for fiscal year 2013.
``(5) For activities under section 952(d)--
``(A) $55,000,000 for fiscal year 2011;
``(B) $65,000,000 for fiscal year 2012; and
``(C) $75,000,000 for fiscal year 2013.
``(6) For activities under section 958--
``(A) $99,000,000 for fiscal year 2011;
``(B) $99,000,000 for fiscal year 2012; and
``(C) $99,000,000 for fiscal year 2013.''.
SEC. 4. NUCLEAR ENERGY RESEARCH AND DEVELOPMENT PROGRAMS.
Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is
amended by striking subsections (c) through (e) and inserting the
following:
``(c) Reactor Concepts.--
``(1) In general.--The Secretary shall carry out a program
of research, development, demonstration, and commercial
application to advance fission power systems as well as
technologies to sustain currently deployed systems.
``(2) Designs and technologies.--In conducting the program
under this subsection, the Secretary shall examine advanced
reactor designs and nuclear technologies, including those
that--
``(A) are economically competitive with other
electric power generation plants;
``(B) have higher efficiency, lower cost, and
improved safety compared to reactors in operation as of
the date of enactment of the Nuclear Energy Research
and Development Act of 2010;
``(C) utilize passive safety features;
``(D) minimize proliferation risks;
``(E) substantially reduce production of high-level
waste per unit of output;
``(F) increase the life and sustainability of
reactor systems currently deployed;
``(G) use improved instrumentation; or
``(H) are capable of producing large-scale
quantities of hydrogen or process heat.
``(3) International cooperation.--In carrying out the
program under this subsection, the Secretary shall seek
opportunities to enhance the progress of the program through
international cooperation through such organizations as the
Generation IV International Forum, or any other international
collaboration the Secretary considers appropriate.
``(4) Exceptions.--No funds authorized to be appropriated
to carry out the activities described in this subsection shall
be used to fund the activities authorized under sections 641
through 645.''.
SEC. 5. SMALL MODULAR REACTOR PROGRAM.
Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is
further amended by adding at the end the following new subsection:
``(d) Small Modular Reactor Program.--
``(1) In general.--The Secretary shall carry out a small
modular reactor program to promote the research, development,
demonstration, and commercial application of small modular
reactors, including through cost-shared projects for commercial
application of reactor system designs. Activities may also
include development of advanced computer modeling and
simulation tools, by Federal or non-Federal entities, that
demonstrate and validate new design capabilities of innovative
small modular reactor designs.
``(2) Definition.--For the purposes of this subsection, the
term `small modular reactor' means a nuclear reactor--
``(A) with a rated capacity of less than 300
electrical megawatts; and
``(B) that can be constructed and operated in
combination with similar reactors at a single site.
``(3) Limitation.--Demonstration activities carried out
under this section shall be limited to individual technologies
and systems, and shall not include demonstration of full
reactor systems or full plant operations.
``(4) Administration.--In conducting the small modular
reactor program, the Secretary may enter into cooperative
agreements to support small modular reactor designs that
enable--
``(A) lower capital costs or increased access to
private financing in comparison to current large
reactor designs;
``(B) reduced long-term radiotoxicity, mass, or
decay heat of the nuclear waste produced by generation;
``(C) increased operating safety of nuclear
facilities;
``(D) reduced dependence of reactor systems on
water resources;
``(E) increased seismic resistance of nuclear
generation;
``(F) reduced proliferation risks through
integrated safeguards and security proliferation
controls; and
``(G) increased efficiency in reactor manufacturing
and construction.
``(5) Application.--To be eligible to enter into a
cooperative agreement with the Secretary under this subsection,
an applicant shall submit to the Secretary a proposal for the
small modular reactor project to be undertaken. The proposal
shall document--
``(A) all partners and suppliers that will be
active in the small modular reactor project, including
a description of each partner or supplier's anticipated
domestic and international activities;
``(B) measures to be undertaken to enable cost-
effective implementation of the small modular reactor
project;
``(C) an accounting structure approved by the
Secretary; and
``(D) all known assets that shall be contributed to
satisfy the non-Federal share requirement under
paragraph (6).
``(6) Non-federal share.--Notwithstanding section 988, the
Secretary shall require the parties to a cooperative agreement
under this subsection to be responsible for not less than 50
percent of the costs of the small modular reactor project.
``(7) Calculation of non-federal share amount.--Section
988(d) of the Energy Policy Act of 2005 (42 U.S.C. 16352(d))
shall apply in determining the non-Federal share in conjunction
with an award of financial assistance under this section.
``(8) Project selection criteria.--The Secretary shall
consider the following factors in entering into a cooperative
agreement under this subsection:
``(A) The domestic manufacturing capabilities of
the parties to the cooperative agreement and their
partners and suppliers.
``(B) The viability of the reactor design and the
business plan or plans of the parties to the
cooperative agreement.
``(C) The parties to the cooperative agreement's
potential to continue the development of small modular
reactors without Federal subsidies or loan guarantees.
``(D) The non-Federal share to be provided.''.
SEC. 6. FUEL CYCLE RESEARCH AND DEVELOPMENT.
(a) Amendments.--Section 953 of the Energy Policy Act of 2005 (42
U.S.C. 16273) is amended--
(1) in the section heading by striking ``advanced fuel
cycle initiative'' and inserting ``fuel cycle research and
development'';
(2) by striking subsection (a);
(3) by redesignating subsections (b) through (d) as
subsections (d) through (f), respectively; and
(4) by inserting before subsection (d), as so redesignated
by paragraph (3) of this subsection, the following new
subsections:
``(a) In General.--The Secretary shall conduct a fuel cycle
research and development program (referred to in this section as the
`program') on fuel cycle options that improve uranium resource
utilization, maximize energy generation, minimize nuclear waste
creation, improve safety, and mitigate risk of proliferation in support
of a national strategy for spent nuclear fuel and the reactor concepts
research, development, demonstration, and commercial application
program under section 952(c).
``(b) Fuel Cycle Options.--Under this section the Secretary may
consider implementing the following initiatives:
``(1) Open cycle.--Developing fuels, including the use of
nonuranium materials, for use in reactors that increase energy
generation and minimize the amount of nuclear waste produced in
an open fuel cycle.
``(2) Modified open cycle.--Developing fuel forms,
reactors, and limited separation and transmutation methods that
increase fuel utilization and reduce nuclear waste in a
modified open fuel cycle.
``(3) Full recycle.--Developing technologies to repeatedly
recycle nuclear waste products to minimize radiotoxicity, mass,
and decay heat to the greatest extent possible.
``(4) Advanced storage methods.--Developing advanced
storage technologies for both onsite and long-term storage that
substantially prolong the effective life of current storage
devices or that substantially improve upon existing nuclear
waste storage technologies and methods, including repositories.
``(5) Alternative and deep borehole storage methods.--
Developing alternative storage methods for long-term storage,
including deep boreholes into stable crystalline rock
formations and salt dome storage.
``(6) Other technologies.--Developing any other technology
or initiative that the Secretary determines is likely to
advance the objectives of the program established under
subsection (a).
``(c) Blue Ribbon Commission Report.--In carrying out this section
the Secretary shall give consideration to the final report on a long-
term nuclear waste solution produced by the Blue Ribbon Commission on
America's Nuclear Future. Not later than 180 days after the release of
the Blue Ribbon Commission on America's Nuclear Future final report,
the Secretary shall transmit to Congress a report describing any plans
the Department may have to incorporate any relevant recommendations
from this report into the program.''.
(b) Conforming Amendment.--The item relating to section 953 in the
table of contents of the Energy Policy Act of 2005 is amended to read
as follows:
``Sec. 953. Fuel cycle research and development.''.
SEC. 7. NUCLEAR ENERGY ENABLING TECHNOLOGIES PROGRAM.
(a) Amendment.--Subtitle E of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16271 et seq.) is amended by adding at the following
new section:
``SEC. 958. NUCLEAR ENERGY ENABLING TECHNOLOGIES.
``(a) In General.--The Secretary shall conduct a program to support
the integration of activities undertaken through the reactor concepts
research, development, demonstration, and commercial application
program under section 952(c) and the fuel cycle research and
development program under section 953, and support crosscutting nuclear
energy concepts. Activities commenced under this section shall be
concentrated on broadly applicable research and development focus
areas.
``(b) Activities.--Activities conducted under this section may
include research involving--
``(1) advanced reactor materials;
``(2) advanced catastrophic radiation mitigation methods;
``(3) advanced proliferation and security risk assessment
methods;
``(4) advanced sensors and instrumentation;
``(5) advanced nuclear manufacturing methods; or
``(6) any crosscutting technology or transformative concept
aimed at establishing substantial and revolutionary
enhancements in the performance of future nuclear energy
systems that the Secretary considers relevant and appropriate
to the purpose of this section.
``(c) Report.--The Secretary shall submit, as part of the annual
budget submission of the Department, a report on the activities of the
program conducted under this section, which shall include a brief
evaluation of each activity's progress.''.
(b) Conforming Amendment.--The table of contents of the Energy
Policy Act of 2005 is amended by adding at the end of the items for
subtitle E of title IX the following new item:
``Sec. 958. Nuclear energy enabling technologies.''.
SEC. 8. EMERGENCY RISK ASSESSMENT AND PREPAREDNESS REPORT.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall transmit to the Congress a report summarizing
quantitative risks associated with the potential of a severe accident
arising from the use of nuclear power, and outlining the technologies
currently available to mitigate the consequences of such an accident.
The report shall include recommendations of areas of technological
development that should be pursued to reduce the public harm arising
from such an incident.
SEC. 9. NEXT GENERATION NUCLEAR PLANT.
(a) Prototype Plant Location.--Section 642(b)(3) of the Energy
Policy Act of 2005 (42 U.S.C. 16022(b)(3)) is amended to read as
follows:
``(3) Prototype plant location.--The prototype nuclear
reactor and associated plant shall be constructed at a location
determined by the consortium through an open and transparent
competitive selection process.''.
(b) Report.--
(1) Requirement.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall transmit
to the Congress a report providing a status update of the Next
Generation Nuclear Plant program that provides analysis of--
(A) its progress;
(B) how Federal funds appropriated for the project
have been distributed and spent; and
(C) the current and expected participation by non-
Federal entities.
(2) Contents.--The report shall include--
(A) an analysis of the proposed facility's
technical capabilities and remaining technological
development challenges, and a cost estimate and
construction schedule;
(B) an assessment of the advantages and
disadvantages of funding a pilot-scale research reactor
project in lieu of a full-scale commercial power
reactor;
(C) an assessment of alternative construction sites
proposed by private industry;
(D) an assessment of the extent to which the
Department of Energy is working with industry and the
Nuclear Regulatory Commission to ensure that the Next
Generation Nuclear Plant program meets industry
expectations for long-term application of technologies
and addresses potential licensing procedures for
deployment;
(E) an assessment of the known or anticipated
challenges to securing private non-Federal cost share
funds and any measures to overcome these challenges,
including any alternative funding approaches such as
front loading the Federal share;
(F) an assessment of project risks, including those
related to--
(i) project scope, schedule, and resources;
(ii) the formation of partnerships or
agreements between the Department and the
private sector necessary for the project's
success; and
(iii) the Department's capabilities to
identify and manage such risks; and
(G) an assessment of what is known about the
potential impact of natural gas and other fossil fuel
prices on private entity participation in the project.
SEC. 10. TECHNICAL STANDARDS COLLABORATION.
(a) In General.--The Director of the National Institute of
Standards and Technology shall establish a nuclear energy standards
committee (in this section referred to as the ``technical standards
committee'') to facilitate and support, consistent with the National
Technology Transfer and Advancement Act of 1995, the development or
revision of technical standards for new and existing nuclear power
plants and advanced nuclear technologies.
(b) Membership.--
(1) In general.--The technical standards committee shall
include representatives from appropriate Federal agencies and
the private sector, and be open to materially affected
organizations involved in the development or application of
nuclear energy-related standards.
(2) Co-chairs.--The technical standards committee shall be
co-chaired by a representative from the National Institute of
Standards and Technology and a representative from a private
sector standards organization.
(c) Duties.--The technical standards committee shall, in
cooperation with appropriate Federal agencies--
(1) perform a needs assessment to identify and evaluate the
technical standards that are needed to support nuclear energy,
including those needed to support new and existing nuclear
power plants and advanced nuclear technologies;
(2) formulate, coordinate, and recommend priorities for the
development of new technical standards and the revision of
existing technical standards to address the needs identified
under paragraph (1);
(3) facilitate and support collaboration and cooperation
among standards developers to address the needs and priorities
identified under paragraphs (1) and (2);
(4) as appropriate, coordinate with other national,
regional, or international efforts on nuclear energy-related
technical standards in order to avoid conflict and duplication
and to ensure global compatibility; and
(5) promote the establishment and maintenance of a database
of nuclear energy-related technical standards.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $1,000,000 for each of fiscal years 2011 through 2013 to
the Director of the National Institute for Standards and Technology for
activities under this section.
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